Magna Carta of Filipino Seafarers - To whom applicable?

Magna Carta of Filipino Seafarers - To whom applicable?
Atty. Brenda V. Pimentel June 16, 2021 https://www.manilatimes.net/2021/06/16/news/maritime/magna-carta-of-fili...

After years of deliberations on the bills aimed at implementing the Maritime Labour Convention, 2006 (MLC 2006), there is a good chance this will pass Congress approval. The bill is a much-awaited piece of legislation for the Filipino seafarer, touted as one of this archipelago's "Bagong Bayani" (new hero).

A careful reading of the bills indicates the application of the proposed legislation on Filipino seafarers, rightly so as it stipulates their basic rights as enunciated in MLC 2006. However, the most important component of the convention appears to be missing in the draft bills - those to whom the exercise of the rights granted to the seafarers are entrusted - the government, shipowners, manning agencies.

The rights of the Filipino seafarer are stipulated in the draft bills consistent with MLC 2006, yet the guarantee for them to exercise those rights may not be as tight as expected. First, once enacted by Congress, the Magna Carta of Filipino Seafarers would have all the force of law and be implemented on all Philippine-flagged ships and binding on all Filipino shipowners who have on their ships Filipino crew. The same law, however, may not be binding on foreign-flagged ships or foreign shipowners who may have different sets of laws implementing MLC 2006. Of course, it is expected that the same rights of seafarers should be embodied in the laws of the flag States which ratified the said convention.

MLC 2006 is addressed to flag-States which in ratifying the convention commit to grant the basic rights therein provided to seafarers who are deployed on the ships flying their flag. State signatories are expected to transpose the provisions of the convention into national law. The Philippines in enacting the Magna Carta of Filipino Seafarers aims to fulfill such commitment. In the same light, all other flag-States are probably putting in place their domestic legislation in compliance with the convention.

The bills stipulate a slew of rights about cadetship, maritime education, and training, among others, which provisions may not have equivalent stipulations in other jurisdictions. Those afore-cited obligations are expected to be fulfilled by Filipino shipowners, maritime higher education institutions, and training centers but could not be imposed on foreign shipowners as they have their respective laws to follow. In the same manner, the grant of allowance for cadets equivalent to 50% of the salary of a rating could not be mandated on a foreign-flagged ship; rather the Filipino cadet will just have to rely on the generosity of the foreign shipowner. A practical test on the weight of the proposed law could be made by asking the question on the legal standing of a Filipino seafarer onboard a foreign-flagged ship to sue the shipowner based on the Magna-Carta of Filipino Seafarers.

What is missing in the bills are provisions that oblige manning agents and shipboard labor suppliers who deploy Filipino crew to foreign-flagged ships to ensure that the rights of the Filipino seafarers as provided in the Magna Carta are guaranteed by the laws of the foreign-flagged ships or in the absence of such laws, for the foreign shipowners to undertake to fulfill the requirements as are found in the Philippine law. The provisions to be formulated in this aspect complement the awards and incentives to be granted to the maritime industry stakeholders under the law.

The Filipino seafarers are just too happy to know the government stands to guarantee their entitlement under the MLC 2006.However, it may also be wise to inform them of the limitations of the law.