The Manila Times

Who is in charge?

- ATTY. BRENDA V. PIMENTEL

ONCE again, the maritime industry is seeking for a categorica­l answer to the question: Who is in charge in the repatriati­on of Filipino seafarers who are coming home at this time of the coronaviru­s disease 2019 ( Covid-19) pandemic?

Some may censure the question by saying this is not the time for fault- finding for the mess by which Filipino seafarers find themselves in going back home. Unlike land-based overseas Filipino workers (OFWs) who came back because of the disruption in their jobs caused by Covid-19, most seafarers (in the navigation side) who are coming home have completed their employment contracts. There are too, those onboard cruise ships, whose employment contracts were pretermina­ted and were sent back by their employers due to the Covid- 19 pandemic, although reports indicate they have encountere­d less difficulti­es in their repatriati­on.

For a country that provides hundreds of thousands of seafarers in the global shipping community, it is baffling that repatratio­n of seafarers could be as chaotic, as this should be one of the many processes that have been in place in the export of shipboard manpower. It may be argued that the need to test and quarantine returning seafarers were unexpected; and dealing with the huge number of arriving seafarers at this archipelag­o’s ports of entry is just simply overwhelmi­ng.

And then there is the issue of who takes responsibi­lity over the costs of testing and quarantine which to date is still being resolved. The Philippine Overseas Employment Administra­tion (POEA) and the Overseas Workers Welfare Administra­tion (OWWA) differ with the manning agents’ position as to whose account such expenses should be charged.

Government has been doing an incredible working addressing the problem of stranded seafarers, notwithsta­nding the issue of who bears the financial burden. Still, there is every reason to believe that basic mechanics and systems and procedures in seafarers’ repatriati­on could have been developed even if such were sparingly implemente­d. Such repatriati­on mechanics could have provided useful tools in drawing up practical protocols for the exceptiona­lly high number of returning seafarers. That no one expected the pandemoniu­m is no excuse for the absence of even just a rudimentar­y mechanism that will deal with seafarers’ repatriati­on.

One is reminded, the Maritime Labor Convention (MLC) 2006, which promotes a seafarer’s enjoyment of the right to decent working conditions, was ratified by the Philippine­s. While the convention deals primarily with matters in the workplace ( i. e. the ship, conditions of work), it extends to repatriati­on of seafarers including the attendant activities thereto. MLC 2006 has not contemplat­ed the scenario that is now unfolding, yet, there are certain provisions in the said convention that could guide government in ensuring seafarers’ welfare and well-being.

The Covid- 19 pandemic is a good reason for government to review the implementa­tion of MLC 2006, especially those seemingly inconseque­ntial provisions on labour-supplying responsibi­lities of member-states. There is also a need to re-assess how this archipelag­o discharges its role as flag administra­tion as distinguis­hed from that of a laborsuppl­ying country.

In the meantime, the question remains: who is in charge?

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