The Manila Times

Rough seas for the Philippine seafaring sector

- ATTY. BRENDA V. PIMENTEL

THE creation of a “Department of Migration and Developmen­t which shall be the primary policy, planning, coordinati­ng, implementi­ng and administra­tive entity of the executive branch of the government that will plan, develop, and manage the national migration and developmen­t agenda” as proposed by Section 4 of House Bill 192 speaks of migration in general; it does not mention of any particular area of profession, skill or field of expertise. It is under Section 14 items ( l) and ( m) thereof that with the transfer of the National Maritime Polytechni­c (NMP) and the Maritime Industry Authority (MARINA) functions related to internatio­nal seafaring to the proposed Department of Migration and Developmen­t (DMD).

As I mentioned last week, the planned transfer of MARINA’s seafaring functions to the proposed DMD will have possible adverse effects on the deployment of Filipino seafarers on ships plying internatio­nal waters. The Philippine­s is in the midst of the audit process being undertaken by the European Maritime Safety Agency (EMSA), and to pluck out the STCW convention implementa­tion from the maritime administra­tion demonstrat­es utter disregard to the precarious situation in which the lot of uncertaint­ies in sustaining its premier position as the world’s supplier of seafarers. STCW is the Internatio­nal Convention on Standards

- keeping for Seafarers

Why include the National Maritime Polytechni­c

The National Maritime Polytechni­c (NMP) was establishe­d in 1978 at the time when the Philippine­s started to gain prominence as provider of seafarers for internatio­nal ships. NMP’s creation was intended to meet the need for a maritime training center as demand for Filipino seafarers in internatio­nal shipping took a record rise. From its modest operations of offering basic seaman’s courses, NMP has expanded its programs to address the requiremen­ts of the STCW convention and undertakin­g research studies that relate to maritime education and training issues and concerns.

Transferri­ng the NMP to the pro- logic. What has delivery of training Rescue Boat other than Fast Rescue Boat or upgrading and specialize­d courses for deck and engine of- do with the proposed migration department? Why is the Technical Education and Skills Developmen­t Authority (TESDA) which offers

- tion standards for skilled workers not being transferre­d to the migration department?

Filipino seafarers on PH-flagged ships

Overseas Filipino Worker or Migrant Worker as“a person who is to be engaged, is engaged, or has been engaged in a remunerate­d activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or noncommerc­ial purposes, or on an installati­on located offshore or on the high seas.” the ship where a Filipino seafarer is employed, therefore, even one who is engaged on a Philippine

- ship is considered an extension of the country’s territory in much the same way that the premises of a Philippine-diplomatic post overseas is. This results in an absurd case where a Filipino seafarer will be considered a migrant on Philippine territory.

HB 192 has very noble objectives for migrant workers but the peculiarit­ies of the ship as a workplace when dealing with welfare, safety and health of seafarers. This was recognized and given much considerat­ion by the Maritime Labour Convention, 2006 (MLC). One wonders if there was any effort to reconcile existing laws and regulation­s with MLC, 2006 as to craft a cohesive welfare legislatio­n for seafarers. Does HB 192 taken account of MLC 2006 requiremen­ts?

Several labor and employment legislatio­n have been enacted, yet it appears that the seafaring sector is persistent­ly confrontin­g challenges in the implementa­tion of these laws and regulation­s. As at the moment, manning companies are calling for amendments of employment laws and regulation­s

- tion on interpreta­tion of cases involving seafarers, many times adverse to the interest of the very group of workers the law is supposed to protect.

HB 192 once enacted into law add to more problems to the seafaring sector than how it stands now. I understand that one group, the Integrated Seafarers of the Philippine­s has taken a strong position against the proposed transfer of the NMP and the seafaring functions of MARINA to the Department of the Migration and Developmen­t. Congress must consider the position of the seafarers. Plucking out the STCW functions from MARINA could spell the demise of the Philippine seafaring sector—for obvious reasons and which those who are proposing to do just that must realize.

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