LRay calls on Senate to pass Magna Carta for Pinoy sailors

ON the occasion of Filipino Seafarer’s Day this Sunday, Camarines Sur Representative LRay Villafuerte has called on the Senate to act on its counterpart measure to the House-approved bill that wants to bestow sufficient powers upon the Department of Migrant Workers (DMW) and other agencies concerned to protect around 700,000 seafarers better, whether in foreign-flagged ships or Philippine-registered vessels operating internationally, from the time they are trained up to their retirement.

As the government now expects the hiring of more Filipino seafarers following the recent move by the European Commission (EC) to extend its recognition of seafarers’ certificates issued in the Philippines, Villafuerte said.

“Our senators need to act on the pending Senate version of the approved Magna Carta in the House guaranteeing better labor protection for our sailors from the time of their training and recruitment up to their retirement from their jobs,” Villafuerte said.

Villafuerte made his appeal to senators to consider passing their counterpart to House Bill (HB) 7325, or the proposed “Magna Carta of Filipino Seafarers Act,” when the 19th Congress resumes session in July after its seven-week sine die adjournment that began last June 2.

“This is the least that we lawmakers can do for our sailors who are among our OFWs (overseas Filipino workers) whose combined remittances have helped prop up our economy even during times of crises,” said Villafuerte on the eve of this year’s celebration of the “Day of the Filipino Seafarer.”

Proclamation No. 183 of 2011 declared June 25 of every year as the “Day of the Filipino Seafarer,” in “recognition of our sailors’ invaluable contribution to national growth and development.”

Villafuerte said that with the Philippines’ ratification of the 2006 Maritime Labor Convention, “It is only fitting that the 19th Congress write new legislation, in addition to our existing labor laws, in order for us to adhere to internationally recognized instruments such as those from the ILO (International Labor Organization) and IMO (International Maritime Organization).”

“Hence, HB 7325 aims to uphold and advance the rights and welfare of Filipino seafarers in accordance with the Maritime Labor Convention,” he said. “It shall serve as a guide from the training and recruitment of Filipino seafarers up to their retirement.”

One of the 566 bills that the House approved on third and final reading during the First Regular Session of the 19th Congress, HB 7325 also aims to further sharpen the global competitiveness of our sought-after mariners by leveling up the country’s maritime education, training, certification and licensing system.

“Our country is recognized as the world’s largest source of seafarers, with an estimated 700,000 working foreign-flagged or locally-registered seagoing vessels. In 2019, it was recorded that there were 380,000 Filipino seafarers overseas,” said Villafuerte.

He was one of the authors of HB 2269, which was eventually consolidated with the House-approved HB 7325.

HB 7325 is one of the 33 priority bills passed by the House from among the 42 measures identified for urgent legislative action by President Ferdinand “Bongbong” R. Marcos Jr. and the Legislative Executive Development Advisory Council (LEDAC).

Earlier, DMW Secretary Susan Ople expected a surge in demand for Filipino mariners not only in the European Union (EU) but in other parts of the world as well, as the EU’s decision to extend its recognition of our sailors’ certificates was seen as a “vote of confidence in the Philippines and in the quality of training, education and certification of our seafarers.”

Villafuerte, who is president of the National Unity Party (NUP), said the Congress needs to write new legislation on better labor protection for Filipino seafarers, given their contribution to the domestic economy with their remittances, which totaled US$12.8 billion over the 2019-2020 period.

“Unlike other OFWs, overseas-based Filipino seafarers face unique challenges attached to their movement from international waters to different ports of call in various countries. Thus, the laws protecting them can be vague and elusive, making them highly vulnerable to illegal recruitment and other forms of work-related abuses,” he said.

Hence, to ensure the “full protection of our mariners,” Villafuerte explained that HB 7325 requires shipowners to forge standard employment contracts (SECs) with their hired Filipino sailors, and mandates the prior review and approval by the DMW of such SECs to ensure that the contract stipulations adhere to all the seafarers’ rights, as provided for in the House-approved bill.

Villafuerte said the bill further provides that the DMW Secretary, or his or her duly authorized representative, shall have access to both foreign-registered ships and Philippine-registered vessels operating internationally for the purpose of “conducting inspection to ensure compliance with working and living standards of seafarers as provided under this Act.”

He explained that the DMW’s enforcement and compliance monitoring activities may be coordinated and conducted by this Department with the relevant government agencies, including the Department of Labor and Employment (DOLE), Maritime Industry Authority (MARINA) and the Philippine Coast Guard (PCG), in conjunction with their schedules for inspection and certification.

Recognized organizations may be authorized by the DMW Secretary to conduct the inspection of ship premises and issue the Maritime Labor Certificate or the Certificate of Compliance, as appropriate, in accordance with the provisions of this Act and its Implementing Rules and Regulations (IRR), he said.

Ople is the founder of the Blas Ople Policy Center, which assists distressed OFWs all over the world.

HB 7325 directs the Department of Foreign Affairs (DFA) to give “paramount importance to the safety and well-being of Filipino seafarers,” by providing adequate and timely intervention and assistance, such as representing their interests with foreign authorities concerned and facilitating their repatriation when they are distressed or beleaguered.

As for the DOLE, the bill wants this Department to ensure that Presidential Decree (PD) No. 442 or the Labor Code, as amended, and other applicable laws, international conventions, executive issuances, rules and regulations are fairly applied to seafarers who are on board ships operating domestically.

The proposed Act directs the Overseas Workers and Welfare Administration (OWWA) to establish seafarer welfare facilities or centers in major crew-change ports, specifically in Metro Manila, Pangasinan, Bulacan, Cavite, Batangas, Iloilo, Cebu, Cagayan de Oro City, Davao City and other areas deemed by the OWWA to have a higher concentration of mariners.

It requires, too, the establishment of One-Stop Shops in these proposed welfare centers, which shall be manned by representatives from government agencies that process or issue licenses, permits, clearances, and other documents required by mariners, for the convenience of these seafarers and to maximize the services being offered to them.

Under HB 7325, Filipino seafarers have a right to a safe and secure workplace that complies with safety standards, fair terms and conditions of employment, decent working and living conditions on board a ship; health protection and medical care, self-organization, free legal representation and information about their respective families.

They also have the right under the House-passed bill against discrimination; and access to educational advancement and training, communication and relevant information, appropriate grievance mechanisms, fair treatment in the event of a maritime accident, and fair medical assessment.

HB 7325 entitles seafarers to adequate compensation in cases of injury, loss or unemployment arising from the ship’s loss or foundering, in accordance with the SEC or, if applicable, the Collective Bargaining Agreement (CBA) between the employer and employees.

Villafuerte said the bill discusses in detail the protection mechanisms for seafarers in cases of epidemics or pandemics, maritime accidents or other crises, which entitles them to full compensation.

Seafarers have the right under the bill not to be discriminated against by reason of their race, sex, religion, age or political opinion; and that career opportunities shall be promoted and that the appropriate working and living conditions be guaranteed equally among male and female seafarers.

The bill provides that seafarers who are victims of violations of the provisions of this Act or of their SECs and who cannot afford the services of a competent and independent counsel, have the right to free legal representation, assistance, and counseling by the Public Attorney’s Office (PAO), and to fair and speedy disposition of their cases, including the expeditious settlement of any money claims, subject to existing laws, rules and regulations.

HB 7325 likewise ensures the seafarers’ right to immediate and adequate medical services, medicines, and medical supplies onboard, and access to shore-based medical facilities for their protection, along with their access to the corresponding medical or trained personnel who shall provide them with first-aid and medical care, pursuant to the Maritime Occupational Safety and Health guidelines.