Protecting the human rights of seafarers

Protecting the human rights of seafarers
Atty. Dennis Gorecho December 7, 2022 https://businessmirror.com.ph/2022/12/07/protecting-the-human-rights-of-...

The Universal Declaration of Human Rights was proclaimed by the United Nations General Assembly in Paris on December 10, 1948. Translated into more than 360 languages, it was the first international agreement on the basic principles of human rights that articulated the rights and freedoms to which every human being is equally and inalienably entitled.

It has become a yardstick by which we measure right and wrong. 

It provides a foundation for a just and decent future for all, and has given people everywhere a powerful tool in the fight against oppression, impunity and affronts to human dignity.

One of the documents that was used as basis for the Declaration is the Magna Carta Libertatum, the Medieval Latin for “the Great Charter of the Liberties.”

Originally issued by King John of England as a practical solution to the political crisis he faced in 1215, Magna Carta established for the first time the principle that everybody, including the king, was subject to the law. It dealt with specific grievances relating to his rule.

Some of Magna Carta’s core principles are echoed in the United States Bill of Rights (1791) and in many other constitutional documents around the world, as well as in the Universal Declaration of Human Rights (1948) and the European Convention on Human Rights (1950).

Lord Alfred Thompson Denning, a famous English lawyer and judge, described it as “the greatest constitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot.”

Locally, the proponents for the Magna Carta for Filipino seafarers acknowledge that sea-based workers deal with circumstances very different from mainstream or land-based OFWs and other sectors within the labor force.

The first version of the Magna Carta for Filipino Seafarers was the by-product of the National Seafarers Conference held in 2002 at the Manila Hotel that was organized by the Stella Maris in coordination with the Office of Senator Ramon Magsaysay, Jr.

Years later, several versions were filed by legislators that considered legal developments both locally and internationally. This include the Maritime Labor Convention of 2006 (MLC 2006) also called the Seafarers’ Bill of Rights and the fourth pillar of international maritime law.)

The proposed legislations aim to improve Filipino seafarers’ working conditions, terms of employment, career prospects, and provide opportunities to harness their potentials to the fullest.

These bills provide for the protection of the Filipino seafarers’ rights to just terms and conditions of work and safe and secure workplace that complies with safety standards; self-organization and engage in collective bargaining; educational advancement and training at reasonable and affordable costs; relevant information; free legal consultation; and have access to communication facilities.

The seafarer’s risks of injury, illness or death are high since he is constantly exposed to dangerous working environment as the ships cross ocean boundaries.

Claims for disability and death compensation became a legal battleground through restrictive provisions of the POEA contract, especially in instances when seafarers do not receive full compensation that they are legally entitled to have.

This is partly attributable to the fact that employers do not hesitate to harness their immense resources to limit their liability.

In essence, they utilize the phrase that seafarers seek “benefits even beyond the claims they are actually entitled” to sanitize the problematic legal battle for seafarer’s compensation.

Sadly, the manning agencies and principals are throwing off-balance the already imbalanced legal battle on seafarers’ claims in connection with the proposed Magna Carta. 

They consistently used the phrase “balancing the interest of the seafarer and the company” to pursue their position on the premise that their proposals will ensure employment of Filipinos on board foreign ocean-going vessels.

They proposed the inclusion of the following issues, among others, with respect to the monetary claims: (a) placing the proceeds in escrow until such time the finality of the decision issued by the appropriate appellate court; (b) the formation of a specialized regulatory body, and (c) using as reference the Standard Employment Contract (SEC) in the enforcement of the magna carta, particularly the list of occupational illnesses and the grading system.

In the end, the “balance of scale” will tilt more to capital as this will protect the business interest of the manning agencies and their principal rather than the seafarers themselves.

The Magna Carta should be for the Filipino seafarers, not for those whom the law sought to protect them from abuses and violations of their rights.