Explainer: What you need to know about the Magna Carta of Filipino Seafarers

Explainer: What you need to know about the Magna Carta of Filipino Seafarers
Sep 23, 2024, https://www.sunstar.com.ph/manila/explainer-what-you-need-to-know-about-...

ON SEPTEMBER 23, 2024, President Ferdinand Marcos Jr. signed into law the Magna Carta of Filipino Seafarers (Republic Act 12021), a landmark legislation that seeks to protect the rights and welfare of Filipino seafarers.

This law has been a priority of the administration, aiming to secure better working conditions and safeguard the employment of thousands of Filipino sailors in the global maritime industry.

Why is this law important?

The Philippines is one of the largest sources of seafarers in the world. According to the United Nations Conference on Trade and Development, the Philippines ranked as a top supplier of seafarers globally in 2021. From 2016 to 2021, about 400,000 Filipino seafarers were deployed annually, according to the Maritime Industry Authority (Marina).

However, many seafarers face challenges related to their rights, working conditions, and safety. The Magna Carta of Filipino Seafarers is designed to address these issues, ensuring that Filipino seafarers are protected both in domestic and international waters.

Key provisions of the law

The Magna Carta guarantees several rights for Filipino seafarers:

Just Terms and Conditions of Work: Seafarers are entitled to fair contracts, covering aspects like wages, working hours, and benefits.
Right to Self-Organization and Collective Bargaining: Seafarers can organize and participate in unions or associations to advocate for their interests.
Educational Advancement and Training: The law ensures that training for seafarers is accessible and affordable, allowing them to improve their skills and qualifications.
Right to Information: Both seafarers and their families have the right to be informed about their employment and safety while at sea.
Protection Against Discrimination: Seafarers are protected from unfair treatment based on race, gender, religion, or other factors.
Fair Treatment in Maritime Accidents: In the event of an accident at sea, seafarers are guaranteed medical attention and legal representation.
Safe Travel and Safe Passage: The law includes provisions to ensure that seafarers travel and work in safe environments.

Addressing international standards and deficiencies

One of the driving forces behind the Magna Carta is the need to align the Philippines’ maritime sector with international standards. The European Maritime Safety Agency (Emsa) had previously flagged the Philippines for not complying with the International Convention on Standards of Training, Certification, and Watchkeeping (STCW). This put thousands of Filipino seafarers at risk of losing their jobs, particularly in the European market.

To address these issues, the new law focuses on improving the training, certification, and monitoring of seafarers, ensuring that they meet global maritime safety standards. The law also tackles deficiencies in:

Monitoring and evaluation of training programs
Examination of seafarer competence
Availability of training facilities and simulators
Onboard training standards

By addressing these gaps, the Magna Carta aims to strengthen the position of Filipino seafarers in the international maritime industry.

Protection against exploitation

The Magna Carta also seeks to prevent the exploitation of seafarers. It mandates that only licensed manning agencies can recruit and place seafarers, ensuring compliance with existing laws. A standard employment contract between the shipowner and seafarer is now required, detailing key aspects like the duration of the contract, hours of work, compensation, and benefits for occupational hazards.

Looking ahead

The Magna Carta of Filipino Seafarers not only secures the rights of Filipino sailors but also positions the Philippines as a leader in the global maritime workforce. As the country continues to supply highly skilled seafarers to the world, this law will play a crucial role in safeguarding their future, ensuring they are protected, respected, and given the opportunities they deserve. (SunStar Philippines)