SENATE President Francis “Chiz” Escudero could not wait to claim this new achievement under his term as Senate chief that a day before the signing by President Bongbong Marcos of the Magna Carta of Filipino Seafarers bill, he announced it to reporters.
The Magna Carta is basically composed of Senate Bill 2221 and House Bill 7325, a legislation that took more than a decade to finish, and touted to ensure the protection of the rights and welfare of Filipino seafarers. It is a Philippine law that fleshes out the local implementation of the Maritime Labour Convention of 2006 (MLC 2006).
Over half a million Filipino seafarers are expected to benefit from this law. The law ensures that no Filipino seafarer will be left behind when something happens to them while they are performing their duties, the Senate chief said.
‘…they may not be binding on foreign-flagged ships or foreign shipowners who may have different sets of laws implementing MLC 2006.’
The measure seeks to protect the country’s seafarers from abuses as it stipulates the rights of seafarers, including their right to just terms and conditions of work; right to self-organization and to collective bargaining; right to educational advancement and training at reasonable and affordable costs; right to information; right to information of a seafarer’s family or next of kin; and the right against discrimination.
Also protected are the seafarers’ right to safe passage and safe travel. They are given free legal representation, immediate medical attention, access to communication, record of employment or certificate of employment, and fair treatment in the event of a maritime accident.
The measure enumerates the duties of a seafarer, such as complying with and observing the terms and conditions of the employment contract and being diligent in the performance of duties relating to the ship.
Escudero noted that just like the common employees of a company, the rights of every single sailor, whether a captain or a deck hand, should be clearly and strictly upheld.
We note that the Magna Carta imposes additional financial responsibilities on shipowners, training institutions, and manning agencies. This is good for seafarers, but many stakeholders pointed out that in the case of foreign shipowners, the Magna Carta being a Philippine law, does not cover their operations. The law will only be an additional burden for local shipping companies, who are now required to pay in full the allowance of cadets aboard their ships, whereas before it was just half the salary of a rating.
Negotiations are still needed for foreign shipowners to comply with this provision.
The new law will now be implemented on all Philippine-flagged ships and binding on all Filipino shipowners who have on their ships Filipino crew. But they may not be binding on foreign-flagged ships or foreign shipowners who may have different sets of laws implementing MLC 2006.
The bills from which the Magna Carta emanated stipulate a slew of rights about cadetship, maritime education, and training, among others, that may not have equivalent rules abroad. Therefore, it creates the problem that some obligations are expected to be fulfilled by Filipino shipowners, maritime higher education institutions, and training centers but could not be imposed on foreign shipowners.
These are just some of the pitfalls that the government should be wary of in the implementation of the Magna Carta.
