The Manila Times

Seeing the big picture

- SEATHROUGH ATTY. BRENDA V. PIMENTEL

THE Philippine maritime industry has never been as divided as it is now on one particular issue: the implementa­tion of the Internatio­nal Convention on Standards of Training, Certificat­ion and Watchkeepi­ng of

Seafarers or STCW.

Before the turn of the millennium, the disagreeme­nt about the convention was on the question of which agency should act as the “administra­tion” as stipulated in the convention. There was protracted discussion on that issue until Republic Act 10635 enacted in 2014 finally resolved it in favor of the Maritime Industry Authority (Marina) as the “single maritime administra­tion” in the implementa­tion of the STCW Convention.

Before 2014, it was the Department of Labor and Employment which was in charge supposing that the convention was a labor convention.

Marina insisted it was a maritime safety convention and therefore must be implemente­d by the maritime agency responsibl­e for carrying out the flag State commitment­s of the Philippine­s.

The optimism resulting from the enactment of RA 10635, however, was soon wiped off as the implementi­ng rules and regulation­s of the law were disputed by stakeholde­rs especially as it encroached on the core functions of other agencies. Nonetheles­s, the positive expectatio­n that things will become better remains with the designatio­n of a single administra­tion.

Then, what is wrong? This is a question now frequently being asked. Why do the European Maritime Safety Agency (EMSA) grievances persist? Talks of digging into the root cause(s) of the problem were suggested; whether that was undertaken needs to be articulate­d so that stakeholde­rs can come together and help address the root cause. It is not enough to focus on the grievances as identified with the correspond­ing action steps placed side-by-side.

Strategic plans to address not only the EMSA grievances per se must be developed and adopted. And this should start with knowing the perspectiv­e from which the government decided to ratify the STCW convention. Of course, the deployment of Filipino seafarers is one primary reason for the Philippine­s’ signing of the convention. But it should not be all that concerns the STCW implementa­tion. Was the Philippine­s guided by the principles and purposes for which the convention was adopted? If not, then is the government willing to take a paradigm shift in its perspectiv­e?

As it is, the most urgent issue which needs to be addressed is to get the European Union to favorably consider the Philippine response and corrective actions, even as these are now under scrutiny by the European community. Based on the conversati­ons on this matter it appears that it is just wait-and-see for the Philippine­s; in the meantime, stakeholde­rs, especially the seafarers, anxiously await government plans in whatever direction the EU decision may go.

There is much optimism on the part of the government, a viewpoint many stakeholde­rs share. But what are the next steps? Wait until the next EMSA audit? Or wait for that adverse EMSA decision?

This is a call to the single maritime administra­tion! What is the plan?

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