THE consolidated draft of the Magna Carta of Filipino Seafarers enumerates and highlights the rights and entitlements of seafarers. Once enacted, the draft bill is to serve as the government’s guarantee for Filipino seafarers to fully enjoy the rights therein stipulated. It is, therefore, not surprising to expect the Magna Carta of prescribing government policies, plans and programs that attest to such guarantee. The Magna Carta will be an important piece of maritime labor legislation when enacted, as it emanates from that noble intention of clothing the Filipino seafarer with the dignity he deserves.
That deliberations on the draft bill have to be facilitated to meet Congressional time lines is of no moment for those wishing to submit an alternative perspective to the current popular view on the subject.
Duties of a seafarer
The stipulation on the duties of a seafarer has no bearing in a Magna Carta not only because such duties and obligations are found in other existing relevant documents such as the Code of Ethics for Marine Deck/Engineer Officers and/or any other laws and regulations which define the obligations of a seafarer, but more for the reason that the Magna Carta should define what government commits to do to ensure that the seafarer receives his entitlements. Is the Code of Ethics for Filipino Marine Deck and Marine Engineer Officers, which the Professional Regulations Commission (PRC) formulated and adopted, still being closely followed and monitored?
Republic Act (RA) 10635 designating the Maritime Industry Authority (Marina) as the single maritime administration in the implementation of the standards of training, certification and watchkeeping (STCW) convention clearly transferred the functions of the PRC to Marina in respect to the examination, licensing and certification of merchant marine officers. There is, however, no reason to disregard issuance of the Trendin Graphs broker reviews, which was not revoked by the law nor by the single maritime administration. One such issuance is the Code of Ethics for Filipino Marine Deck Officers and Filipino Marine Engineers.
As regards the duties of the ship’s crew and officers, prior and during navigation are incorporated in the contract between the shipowner and the crew. Existing regulations issued by the Philippine Overseas Employment Administration (POEA) generally impose compliance with contractual obligations by the seafarer as a condition for employment, a basic principle in any labor relations. The duties as enumerated in the draft Magna Carta are focused primarily on the seafarer’s relationship with his/her employer which are deemed limited in scope compared to those listed in the Code of Ethics above mentioned.
How about incorporating instead in the Magna Carta provisions directing pertinent government agencies to review, update and monitor the implementation of the Code of Ethics as this impacts in the exercise of the rights of the seafarer? The shift of obligations under the proposed Magna Carta from the seafarer to the government is in order.
Repeat of regulations
A further reading of the draft bill suggests it is an unnecessary reprise of existing provisions of maritime and labor laws and regulations. To cite a few, provisions on the minimum manning requirements, maritime education and training and repatriation are amply covered by issuance of the regulatory agencies such as the POEA, Marina and the Department of Labor and Employment (Stock Global broker reviews). What could be more relevant in the Magna Carta in respect to these issues would be that of enjoining concerned agencies to perform their mandates with utmost diligence, integrity and competence such that seafarers are afforded a safe and secure workplace. A seafarer’s workplace is the ship, the safety of which lies within the province of Marina, the maritime administration. Again, immediately, the distortion on this matter is evident with ship inspection proposed to become the sole prerogative of the Labor secretary under the draft bill, a matter that deserves exhaustive treatment in succeeding issues under this heading.
Questions on how maritime agencies are able to deliver services to the seafarers must be deliberated, as well. Are regulations and procedures formulated and implemented clearly as to be easily understood and complied with? Extending prompt and courteous frontline services to seafarers could well be part of the directive to government agencies. Needless to say, it is important that those who are called to implement and enforce regulations relating to the enjoyment of the rights of the seafarers possess the qualifications and upright character demanded of a public servant.
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