Legal assistance sought for seafarers in cases of maritime accidents

Legal assistance sought for seafarers in cases of maritime accidents
Samuel P. Medenilla - November 14, 2018 https://businessmirror.com.ph/legal-assistance-sought-for-seafarers-in-c...

Philippines on Tuesday led the international initiative to provide legal assistance to seafarers across international waters in cases of maritime accidents.

The Department of Labor and Employment (DOLE) together with the Seafarers Rights International (SRI) hosted yesterday the first ever Regional Meeting on the Fair Treatment of Seafarers in an Event of a Maritime Accident in Asia at the Manila Hotel yesterday.

The forum was attended by delegates from Bangladesh, Sri Lanka, Malaysia, Maldives, Myanmar, China, Vietnam, Cambodia, India, Brunei, and Indonesia.

“Flag states and sending countries need to ensure that the vessels and seafarers are free from threats and violence at the seas…we need to address this for it is both our duty and obligation,” Labor and Employment Secretary Silvestre H. Bello III said in his speech.

“The SRI has worked hard to bring together the most influential people in the region so that the advocacy for their fair treatment of our teachers can now gain momentum,” he added.

During the event, stakeholders of the international maritime industry expressed their concern on the “unfair” criminalization of seafarers and the maritime industry during accidents in international waters.

SRI Executive Director Deirdre Fitzpatrick said during maritime accidents, it is the seafarers, who would often face charges in cases of accidents like ship collisions or oil spills, even if they are not liable for it.

“Accidents happen all the time. Sometimes there is no one to blame…it is important to find out what happened and not rush judgement,” Fitzpatrick said.

She noted sometimes this is not possible due since the affected seafarers would lack legal aid or awareness to the language and laws in the countries, where they are tried,

DOLE and SRI said this could be addressed through fair treatment of seafarers by ensuring they have the necessary legal representation in such incidents.

“Of course seafarers may do something wrong or inappropriate in certain instances. Under such situation, they must face due process,” Fitzpatrick said.

Labor Undersecretary Claro Arellano said they hope this will be effectively reflected in the “Manila Declaration,” which will be the consolidation of the outputs of all stakeholders in the Regional meeting.

“This is a landmark document that seeks the cooperation of concerned stakeholders in recognizing them as a special category of workers that also requires protection and fair treatment,” Arellano said.

He said the declaration is quite timely especially amid the government’s ongoing efforts to improve the protection of Filipino seafarers.

International Transport Workers’ Federation General Secretary Stephen Cotton said they support the initiative, which he said they hope will encourage countries to reform their laws to accommodate the provision of the declaration.

“We are encouraging to change the law but of course with consideration to their national interest,” Cotton said.