Bill on the Magna Carta of Filipino Seafarers: Implementing the Maritime Labor Code 2006 and more

Bill on the Magna Carta of Filipino Seafarers: Implementing the Maritime Labor Code 2006 and more
BRENDA V. PIMENTEL November 27, 2018 https://www.manilatimes.net/bill-on-the-magna-carta-of-filipino-seafarer...

The Magna Carta of Filipino Seafarers appears to be the Philippine government’s initial step to fulfilling a commitment as a party to the International Maritime Labor Convention 2006 (MLC 2006) to transpose the convention’s requirements into national legislation. MLC 2006 calls on all State Parties to secure the right of all seafarers to decent employment, which in turn is anchored on the fundamental rights of every person stipulated in the Universal Declaration of Human Rights. In very clear terms, MLC 2006 defines the seafarer’s employment and social rights as follows:

— Right to safe and secure workplace that complies with safety standards;
— Right to fair terms of employment;
— Right to decent working and living conditions on board ship; and
— Right to health protection, medical care, welfare measures and other forms of social protection.

The draft bills (as there are at least four Senate versions) extensively cover matters relating to the above basic rights many of which are already amply addressed by existing laws, rules and regulations. The effort to consolidate the Filipino seafarer’s rights under one legislation must be appreciated by a country that prides itself to be a premier supplier of shipboard labor.

In fact, enacting a magna carta of Filipino seafarers is an attestation of government’s recognition of the contributions of the country’s seafarers. Nonetheless it is important that the law focuses on the objective of the MLC 2006 and care should be taken so as not to expand its implementation on matters which pertain to the determination of the seaworthiness of a ship and the technical requirements of maritime safety, the requirements and standards of which are within the remit of the International Convention on the Safety of Life at Sea (Solas) and all pertinent mandatory

Noted during the Senate hearing on the bills was the discussion on the “consideration of seaworthiness,” whereby a complaint by the crew shall merit an action of the master to have the ship subjected to safety inspection. This proviso gives the crew the unnecessary power to delay or hinder the operations of the ship. Moreover, such power of the crew has the effect of attacking the integrity of the flag state, which issues the safety, certificates to the ship. The presumption that a flag state acted with due diligence in attesting to the seaworthiness of a ship should be respected. Likewise, the provisions dealing with the level of minimum manning and crew competence are matters relating to the seaworthiness of a ship and such details deemed unnecessary in the magna carta. What is important is for the law to state in no uncertain term that ships to which Filipino seafarers are to be deployed are seaworthy in accordance with international and national rules and regulations and standards, after all, the seaworthiness of the ship is not limited to just these two parameters.

Once enacted into law, that bill which gives to the Department of Labor and Employment the sole authority to inspect Philippine-flagged and foreign-registered ships in respect of the provisions of the law will result in an absurd situation where the Maritime Industry Authority and the Philippine Coast Guard which have the power to inspect ships in respect to compliance with the prescribed minimum ship manning and crew competence will have to relinquish such power to a non-maritime agency.

These two agencies exercise the Philippines’ flag-state and port-state functions, which logically must remain within their remit.

Two of the draft bills contemplate on extending awards and incentives to outstanding maritime stakeholders found to uphold the rights of the seafarers. I am not averse to such recognition given to these maritime organizations, but I find the provision extraneous to the subject matter.

Let the Magna Carta focus on the Filipino seafarers’ enjoying the rights granted to them under MLC 2006.