PORT SECURITY IN A DEVELOPING COUNTRY – PRE AND POST 9/11 TERRORIST ATTACKS: A CASE STUDY ON PORT KLANG IN MALAYSIA PERIASAMY GUNASEKARAN A Thesis Submitted in Partial Fulfilment of the Requirements of the University of Greenwich for the Degree of Doctor of Philosophy Greenwich Maritime Institute University of Greenwich London December 2012 DECLARATION “I certify that this work has not been accepted in substance for any degree, and is not concurrently being submitted for any degree other than that of Doctor of Philosophy (Ph.D) being studied at the University of Greenwich. I also declare that this work is the result of my own investigations except where otherwise identified by references and that I have not plagiarised the work of others”. ………………………..…. (Periasamy Gunasekaran) Candidate ………………...…… …………………….………………... (Dr. Minghua Zhao) (Professor Emeritus Sarah Palmer) First Supervisor Second Supervisor ii ACKNOWLEDGEMENTS The successful completion of this thesis could not have been possible without the generous support and assistance of many parties to whom I am deeply in debt. Without their unfailing support and help, the completion of this thesis would have been more difficult. First and foremost I would like to express my deepest love and appreciation to my spiritual Father, BapDada for His continuous blessings, inspirations and guidance that served to remove all obstacles and provided a clear path in completing this research successfully. Equally, my deep appreciation goes to my supervisor, Professor Emeritus Sarah Palmer for her brilliant wisdom, helpful suggestions, constructive criticism and relentless encouragement and interest in this research. In fact, the thesis in its present form was mainly crafted with her genuine support and persistent guidance. There is no appropriate word to express my sincere gratitude to her. On the same platform, I would like to acknowledge my deepest appreciation and gratitude to Dr. Minghua Zhao, who was also my supervisor, for her undivided support, invaluable instructions and guidance in various ways throughout the process of this study. Her substantial comments and corrections towards the end further refined the thesis and her confidence in me greatly encouraged me to move forward. A special thank you is dedicated to the Public Service Department of Malaysia (PSD) for generously granting study leave and financial assistance for me to pursue this PhD programme. A special thank you is also due to the Ministry of Transport and the Port Klang Authority for providing the necessary support in connection with getting various resources including my field trip. I also owe a special thank you to the GMI Administrator, Mrs Suzanne Louail, the IMO Knowledge Centre, the University of Greenwich Library, the British Library, the SOAS Library and the LSE library for their kind assistance in accessing various types of materials for this study. I have a debt of gratitude to many friends and acquaintances who provided a wide range of support in different ways. Although, I could not name all of them individually here due to space limits, I am very grateful to every one of them. I must however, mention by name my special friend, Mr. P. Lohanathan, a retired civil servant who first inspired and motivated me to pursue this doctorate study. I reserve a special thanks for him. Last but not least, throughout all stages of this study, my family members were of great support. I wish to express my deepest gratitude to my mother and father who prayed and blessed me without fail in wishing for my every success. The same amount of gratitude goes to my wife, Suguna and both my loving children, Pravin and Yashnee who were very understanding and tolerated the pressure I underwent in completing this study. On many occasions, in order to focus on my study, I could not entertain their needs. I benefited much from their patience and consideration. Their self-less support, especially my wife’s encouragement, served as an inspiration during my most critical moments. May God bless them all for making this long and challenging journey a memorable one. iii ABSTRACT The terrorist attacks on 11 September 2001 on the World Trade Centre and Pentagon in the United States widely known as 9/11 undeniably produced a profound impact on a multitude sectors across the globe. The events became a turning point in the treatment of maritime security establishing a “before” and after” dividing line. One element that emerged in response to that attack was the change of attitude to security. This change, led to changes in behaviour and practices since it prompted a raft of measures, rules, and regulations to prevent such occurrences in the future. This thesis examines how security in the maritime sphere in respect of ports was given a new impetus by virtue of their inherent weaknesses as a potential target. In the past, port security was primarily focused on cargo theft and pilferage as well as denying access to those seeking to enter the country to improve their political or economic condition or to engage in smuggling activities. While the international regulation of shipping had increased substantially through the efforts of the International Maritime Organisation (IMO) in the second half of the 20th century, ports had remained largely unaffected by this regulation. However, the 9/11 changed this situation. As the main focus turned towards dual objectives: to secure ports from any kinds of unlawful acts and concurrently fulfil the international security requirements, implementing and complying with a host of security regimes imposed by a range of parties was seen by some commentators as a particular challenge for the developing nations, due to higher costs and the implications for port policy and administration. This study examines this generalisation using the Port Klang and Malaysian port system as a case study. It analyses security measures and management before and after 9/11, considering the impact not only of international regulations, especially the International Ship and Port Facility Security (ISPS) Code, but also of bi-lateral security measures required by the United States as a trading partner and regional organisations. Its findings are based on in-depth interviews conducted with the key Malaysian governmental and private stakeholders, supplemented by other primary and secondary sources. The study concludes that, partly as a result of previous colonial and post-colonial anti-terrorist measures, Malaysia generally had a well managed port security system prior to 9/11. This meant that though some minor internal and external problems were identified, Malaysia managed to handle effectively the post 9/11 port security regimes with minimal cost implications. Any presumption that, as a developing country, it would have problems with implementation proved to be unfounded. iv TABLE OF CONTENTS Page Title i Declaration ii Acknowledgments iii Abstract iv Table of Contents v Abbreviations ix List of Tables xv List of Figures xvii List of Maps xviii Chapter One - Introduction 1.1 Introduction 1 1.2 An overview of key literature 4 1.3 Aim and scope of study 8 1.4 Structure of thesis 9 Chapter Two - Research Methodology 2.1 Introduction 11 2.2 Philosophical approach 11 2.3 Methodological strategy 14 2.3.1 Case study approach 14 2.3.2 Qualitative method 17 2.4 The process of data collection 20 2.4.1 Primary research 21 2.4.1.1 Observation 21 2.4.1.2 Selection of institutions and organisations 23 2.4.1.3 Selection of informants 27 2.4.1.4 The interview process – ethical issues 30 2.4.1.5 The interview process – conduct of interview 31 2.4.1.6 Informal discussions 34 2.4.2 Secondary research 34 2.4.2.1 Data collection 34 v 2.5 Reliability and Validity 35 2.6 Data analysis 36 2.7 Conclusion 37 Chapter Three - Port Security: Concepts and Issues 3.1 Introduction 39 3.2 Definition of a port 39 3.3 Ports in trade facilitation and modernisation 43 3.4 What is considered ‘security’? 46 3.4.1 Difference between safety and security 46 3.5 The scope of port security 49 3.5.1 Internal security 50 3.5.2 External security 53 3.6 The extended scope of port security 54 3.6.1 Piracy/armed robbery 54 3.6.2 Maritime terrorism 57 3.7 Attitudes to port security before 9/11 60 3.8 Achieving port security: initiatives at different spatial levels 61 3.8.1 Security measures at international level 62 3.8.2 Security measures at supra-national level 64 3.8.3 Security measures at national level 67 3.9 Conclusion 68 Chapter Four - Port Security After 9/11 4.1 Introduction 70 4.2 The security scenario after 9/11 71 4.3 The impact of 9/11 on attitude and practice to port security 73 4.4 The contributing factors to changes in 79 approaches to port security 4.4.1 The United States initiatives – national level approach 79 4.4.2 Security measures at international level 88 4.4.3 Security measures at supra-national level 93 4.4.4 Other national initiatives 95 4.5 Conclusion 96 vi Chapter Five - Malaysia: A Maritime Nation 5.1 Introduction 99 5.2 The Malaysian economy 100 5.3 Historical background and the importance 102 of maritime sector in Malaysia 5.3.1 Early history 102 5.3.2 An overview of the maritime sector 105 5.4 An overview of the shipping sector 109 5.5 An overview of the port sector 112 5.5.1 Malaysian port policy 115 5.6 Conclusion 120 Chapter Six - Port Klang Development: Administration, Governance and Early Security Issues 6.1 Introduction 121 6.2 A brief early history of Port Klang 121 6.3 Port development 122 6.3.1 Port facilities 123 6.3.2 Port policy development