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The bill was withdrawn, however, by the House of Representatives on the same day that it was about to be signed by the President.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