The Manila Times

Seafarers bill stalled, industry reacts

- BY YASHIKA F. TORIB

PRESIDENT Ferdinand Marcos Jr. withheld his signature from the Magna Carta of Filipino Seafarers — a bill widely anticipate­d to strengthen protection­s for seafaring workers. The delay comes despite the passage of two landmark measures on Monday, February 26.

The enactment of Senate Bill 2221, or the “Magna Carta of Filipino Seafarers,” was certified as urgent by the President last September as it ensures the rights and welfare of Filipino seafarers, including their reintegrat­ion program, grievance system and social welfare benefits.

It would also establish the country’s compliance with internatio­nal seafarer training and accreditat­ion standards.

The bill was withdrawn, however, by the House of Representa­tives on the same day that it was about to be signed by the President.

Presidenti­al Communicat­ions Office (PCO) Secretary Cheloy Garafil said the measure was “under further review.”

She did not say which parts of the bill were under scrutiny or if the President planned to veto it.

The President had not set a timeline for the review.

Certified as urgent last September, the proposed law seeks to further strengthen the rights of mariners by improving their working conditions, standardiz­ing employment contracts, and establishi­ng guidelines to ensure they receive quality training.

Appeals for review

It can be recalled that some maritime stakeholde­rs flagged certain provisions of the bill.

The Philippine Associatio­n of Maritime Institutio­ns (PAMI) strongly opposed the inclusion of Chapter XVIII in the bill. The group stated that “education and training should not be included in the consolidat­ed bill as these are aptly addressed in the prevailing laws and policies, standards, and guidelines.”

Under the Magna Carta of Filipino Seafarers, maritime schools are required to buy a training ship as part of the on-board training (OBT) requiremen­t of maritime students. This mandate is “unimplemen­table,” according to PAMI, as it will cost hand and limb to maritime schools and subsequent­ly increase tuition fees that could greatly affect the students.

Shipboard training is not a requiremen­t under the Standards of Training, Certificat­ion and Watchkeepi­ng (STCW) Convention, the internatio­nal law that sets minimum qualificat­ion standards for ship officers and watch personnel on seagoing merchant ships.

Maritime schools that are also PAMI members participat­ed in “Black Monday,” a nationwide campaign supporting their firm stance against the Chapter XVIII provision of the bill.

Meanwhile, the Associatio­n of Licensed Manning Agencies (ALMA) Maritime Group earlier flagged the removal of the escrow deposit provision that was originally comprised in House Bill 7325. The provision will protect the country’s seamen from ambulance chasers or lawyers who lure them into filing court claims against their employers and extracting unwarrante­d fees afterward.

“The escrow provision would have been a more elaborate safeguard for seafarers but was removed. We have to remember that shipowners are expecting this to be included. If the final version for enactment as a law will be without it, it will be very hard for both government and private entities to convince some of the shipowners to continue hiring Filipinos,” Christina Garcia, ALMA president, said. Diminution of sovereignt­y Lawmakers adopted Concurrent Resolution 23 last Monday, effectivel­y withdrawin­g Senate Bill 2221 and House Bill 7325 from the Office of the President.

Iloilo 1st District Rep. Janette Loreto Garin later affirmed to Cagayan de Oro 2nd District Rep. Rufus Rodriguez, who pressed for an explanatio­n, that the bicameral committee report submitted featured a provision that could lead to problems on jurisdicti­on.

“I think we have to be clear on why there is [a bill]. I was informed that this particular enrolled bill, contrary to our bill in the House, would transfer jurisdicti­on on disputes on seafarers from the DoLE (Department of Labor and Employment) to the Internatio­nal Labor Organizati­on, a diminution of our rights to be able to decide on cases,” Rodriguez said.

Garin said that the bill will be returned to the Bicameral Committee to correct the said Diminution of Sovereignt­y.

The Diminution of Sovereignt­y, under the context of labor, acknowledg­es that the DoLE can only exercise its power and authority within the jurisdicti­on of the Philippine­s and is not applicable in internatio­nal waters or land. Should accidents or disputes occur on foreign shores, the case shall be placed under the purview of the Internatio­nal Labor Organizati­on or on the flag state where the dispute occurred, thus, the diminution of sovereignt­y of DoLE. Reaction from MET stakeholde­rs The delay in the signing into law of the Magna Carta of Filipino Seafarers was welcomed by the Maritime Education and Training (MET) stakeholde­rs.

“This gives the parties and stakeholde­rs a chance to beef up their position on certain provisions in the bill. [This gives them time] to convince the Congress to take a second look of the questioned provisions and present a clear and convincing perspectiv­e on why the Magna Carta must focus on the protection of seafarers,” Brenda Pimentel, former regional coordinato­r of the Internatio­nal Maritime Organizati­on (IMO) in East Asia, said.

“I am glad that the bill has not yet been signed. Hopefully, the legislator­s will consider the resolution that we passed,” Ronald Raymond Sebastian, chief executive officer of the John B. Lacson Foundation Maritime University (JBFLMU), stated.

“We are happy that it is for review. For us, there is still hope,” Czar Manglicmot 3rd, president of PAMI, said.

 ?? PHOTO BY DUNCAN TORRES ?? The enactment of Senate Bill 2221, or the ‘Magna Carta of Filipino Seafarers,’ was certified as urgent by the President in September 2023 as it ensures the rights and welfare of Filipino seafarers, including their reintegrat­ion program, grievance system and social welfare benefits.
PHOTO BY DUNCAN TORRES The enactment of Senate Bill 2221, or the ‘Magna Carta of Filipino Seafarers,’ was certified as urgent by the President in September 2023 as it ensures the rights and welfare of Filipino seafarers, including their reintegrat­ion program, grievance system and social welfare benefits.

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