DMW Advisory No. 34: How PH gov’t mishandles the maritime sector

DMW Advisory No. 34: How PH gov’t mishandles the maritime sector
Val A. Villanueva Dec 2, 2025 https://www.rappler.com/voices/thought-leaders/vantage-point-dmw-advisor...

The Philippines cannot afford a weak, passive, denial-driven maritime governance model. The country’s role as the world’s premier provider of seafarers is not guaranteed. It is earned — and it can be lost.

On November 21 of this year, Nigeria’s narcotics agency detained an all-Filipino crew after seizing 20 kilos of high-grade cocaine hidden aboard a Panama-registered vessel from Brazil — now under joint scrutiny by United States and British counter-narcotics units patrolling strategic Atlantic and Gulf shipping lanes. The episode underscores a hard geopolitical reality: as maritime routes increasingly double as battlegrounds for great-power influence, law enforcement, and intelligence collection, Filipino seafarers are being pulled into the slipstream of high-stakes security operations — while Manila still lacks a coherent maritime, diplomatic, and intelligence strategy to shield its own workers from the fallout.

Even before the Nigeria incident happened, the Philippine Department of Migrant Workers (DMW) on November 12 had already issued Advisory No. 34, framing the document as a protective measure — an institutional shield for the country’s globally deployed seafarers.

It presented the document as another loud gesture of solidarity with Filipino seafarers. But the deeper one reads into the memo, the more it reveals a government in full regulatory retreat, ignoring international obligations, undermining global labor standards, and leaving manning and shipping companies to absorb liabilities that properly belong to the State.

At its core, the advisory exposes a dangerous truth: the Philippines is abandoning its legal responsibilities just as the world is ramping up maritime enforcement, digital forensics, and cross-border criminal crackdowns. And the cost of this abdication will not be paid by politicians. It will be paid by Filipino seafarers and by the maritime industry that keeps a trillion-peso lifeline flowing into the Philippine economy.

The advisory itself acknowledges that Filipino crew members have been deported and arrested in US ports for alleged possession of child-sexual-exploitation material (CSEM) — a crime so severe that any responsible government would launch an immediate inquiry. Yet DMW Advisory No. 34 orders no investigation. It demands no evidence. It seeks no coordination with US Homeland Security, INTERPOL, or even the Philippine Department of Justice. Instead, it instructs manning agencies and foreign shipowners to provide free legal assistance, handle all port-related issues, and report compliance within 30 days — as though the government’s duty under international law can simply be outsourced to private companies that have no jurisdiction in foreign courts.

To anyone familiar with the International Labor Organization (ILO), this is an astonishing departure from established global norms. Under the ILO Maritime Labor Convention (MLC), the primary responsibility for the fair treatment of seafarers lies with governments, not private employers. It is the home country’s obligation to secure legal representation, liaise with the detaining State, verify forensic evidence, and protect its nationals from discriminatory or unjust treatment. The MLC’s entire framework is built on the principle that seafarers operate in high-risk, transnational environments and that the State — neither the shipowner nor the manning agency — must serve as the legal, diplomatic, and institutional anchor when its citizens are detained abroad.

guaranteed. It is earned — and it can be lost.

On November 21 of this year, Nigeria’s narcotics agency detained an all-Filipino crew after seizing 20 kilos of high-grade cocaine hidden aboard a Panama-registered vessel from Brazil — now under joint scrutiny by United States and British counter-narcotics units patrolling strategic Atlantic and Gulf shipping lanes. The episode underscores a hard geopolitical reality: as maritime routes increasingly double as battlegrounds for great-power influence, law enforcement, and intelligence collection, Filipino seafarers are being pulled into the slipstream of high-stakes security operations — while Manila still lacks a coherent maritime, diplomatic, and intelligence strategy to shield its own workers from the fallout.

Even before the Nigeria incident happened, the Philippine Department of Migrant Workers (DMW) on November 12 had already issued Advisory No. 34, framing the document as a protective measure — an institutional shield for the country’s globally deployed seafarers.
Image from Department of Migrant Workers website

It presented the document as another loud gesture of solidarity with Filipino seafarers. But the deeper one reads into the memo, the more it reveals a government in full regulatory retreat, ignoring international obligations, undermining global labor standards, and leaving manning and shipping companies to absorb liabilities that properly belong to the State.

At its core, the advisory exposes a dangerous truth: the Philippines is abandoning its legal responsibilities just as the world is ramping up maritime enforcement, digital forensics, and cross-border criminal crackdowns. And the cost of this abdication will not be paid by politicians. It will be paid by Filipino seafarers and by the maritime industry that keeps a trillion-peso lifeline flowing into the Philippine economy.

The advisory itself acknowledges that Filipino crew members have been deported and arrested in US ports for alleged possession of child-sexual-exploitation material (CSEM) — a crime so severe that any responsible government would launch an immediate inquiry. Yet DMW Advisory No. 34 orders no investigation. It demands no evidence. It seeks no coordination with US Homeland Security, INTERPOL, or even the Philippine Department of Justice. Instead, it instructs manning agencies and foreign shipowners to provide free legal assistance, handle all port-related issues, and report compliance within 30 days — as though the government’s duty under international law can simply be outsourced to private companies that have no jurisdiction in foreign courts.

To anyone familiar with the International Labor Organization (ILO), this is an astonishing departure from established global norms. Under the ILO Maritime Labor Convention (MLC), the primary responsibility for the fair treatment of seafarers lies with governments, not private employers. It is the home country’s obligation to secure legal representation, liaise with the detaining State, verify forensic evidence, and protect its nationals from discriminatory or unjust treatment. The MLC’s entire framework is built on the principle that seafarers operate in high-risk, transnational environments and that the State — neither the shipowner nor the manning agency — must serve as the legal, diplomatic, and institutional anchor when its citizens are detained abroad.

Gov’t responsibilities

DMW Advisory No. 34 turns that principle on its head. Rather than fulfilling its ILO mandate, the Philippine government steps aside and compels private actors to perform duties only a sovereign State can legally carry out. The result is a regulatory void: foreign authorities conduct investigations, the Philippine government declares victimhood without evidence, and manning companies are left to navigate criminal proceedings they cannot influence and diplomatic processes they cannot initiate. The ILO envisions state accountability; Memo 34 normalizes state abandonment.

The dangers of this approach are already visible. Just days ago, Nigeria’s National Drug Law Enforcement Agency arrested an all-Filipino crew aboard a Panama-registered vessel after uncovering 20 kilograms of high-purity cocaine buried beneath its cargo. Nigeria immediately launched a coordinated, forensic-grade investigation with US and British anti-drug units, tracing trafficking routes across Brazil, Colombia, and West Africa.

This is the new enforcement environment: faster, sharper, data-rich, and deeply interconnected. Yet Manila’s response to the Lagos arrests was silence. No consular team was dispatched. No forensic request was filed. No diplomatic intervention was attempted. The Philippine government appeared almost paralyzed — as if the world is acting at a pace and level of sophistication it is unwilling or unable to match.

What makes this inertia even more troubling is that the DMW has not merely failed to enforce global standards. The Department has historically mistreated the very industry it now expects to shoulder its burdens. The maritime sector has long endured punitive, arbitrary, and politically motivated regulatory behavior.

A major Philippine manning company saw its operations crippled for nearly a year after the government suspended its accreditation over a labor incident that had already been resolved in a European court. Despite clear documentation, the DMW refused to lift the suspension until political pressure eased. Ships were forced to replace Filipino crew with non-Filipino nationals at significant cost. The agency suffered reputational damage that still lingers in international markets.

In another instance, thousands of seafarers were stranded when the Philippine government imposed an abrupt deployment freeze, citing “worker protection,” even though no worker had been harmed and the freeze had no basis in any ILO-compliant investigative process. Foreign shipowners absorbed millions in losses as vessels were delayed, rerouted, or compelled to hire emergency replacement crews from other labor-supplying countries. The Philippines — despite being the world’s largest source of maritime labor — treated shipowners as expendable and manning agencies as scapegoats, as though global fleet operators have infinite patience for regulatory chaos.