The maritime industry plays a significant role in the global economy, and Filipino seafarers form one of the largest contingents of seamen in the world. Recognizing the vital contributions of Filipino seafarers and the unique challenges they face, the Philippines has passed the Magna Carta of Filipino Seafarers, formally signed into law by President Ferdinand Marcos Jr. Republic Act No. 12021 or An Act Providing for the Magna Carta of Filipino Seafarers — this legislation marks a major advancement in the protection of seafarers’ rights, welfare, and working conditions, aligning with international maritime standards.
In this article, we will explore the key provisions of the Magna Carta of Filipino Seafarers, the legal protections it provides, and how it addresses the longstanding issues faced by Filipino maritime workers.
Did you know that Filipino seafarers make up around 25 percent of seafarers across the world? That is according to data from the DMW. Accordingly, the number of registered Filipino seafarers in 2023 was at 560,000, exceeding pre-pandemic numbers which was pegged at around 510,000, data showed.
In his message, President Ferdindand Marcos Jr. stated that the signing of the Magna Carta of Filipino Seafarers is part of the government’s collective acknowledgment of seafarers’ sacrifices and contributions to the country. President Marcos said that the Magna Carta of Filipino Seafarers is “very timely”, citing the recent incidents of attacks on cargo ships and tankers in the Red Sea.
For reference, just last March of 2024, CNN reported the following: Two Filipino seafarers are among the dead after a Houthi ballistic missile struck a commercial ship in the Gulf of Aden, marking the first fatal attack by the Iran-backed militant group in its ongoing assaults in the Red Sea.
At least three crew members were killed and four others injured in the attack Wednesday on the M/V True Confidence, a Barbados-flagged, Liberian-owned bulk carrier, US Central Command said in a statement. The ship has since been abandoned and coalition warships are now in the area assessing the situation, two US officials told CNN.
What is the Magna Carta of Filipino Seafarers?
President Ferdinand R. Marcos Jr. signs Republic Act No. 12021 or An Act Providing for the Magna Carta of Filipino Seafarers in a ceremony in Malacañang on Monday (Sept. 23, 2024). The new law aims to protect the rights and overall welfare of domestic and overseas Filipino seafarers, as well as promote their full employment. It acknowledges the significant role Filipino seafarers play in the maritime industry and recognizes the unique dangers they face.
This law is the result of years of advocacy by seafarer unions and maritime groups who called for stronger legal safeguards to protect seafarers from exploitation, unsafe working conditions, and discrimination. The signing of the law reinforces the Philippines’ commitment to international standards under the Maritime Labour Convention (MLC) 2006, which sets out fair labor conditions for seafarers across the globe.
The highlights of the law include provisions on seafarers’ rights and duties, women in the maritime industry, the emergency rescue of domestic seafarers, manning levels and crew competency requirements, terms and conditions of employment; accommodation and food; Medical care, inspection and enforcement, green lane for overseas and domestic mariners, requirements for Philippine-registered ships on shipboard training, incentives and awards granted to the maritime industry, repatriation, reintegration, education and training and dispute resolution.
Key Provisions of the Magna Carta of Filipino Seafarers
Rights and Protections:
Fair Wages: Seafarers are entitled to fair and competitive wages, including overtime pay and other benefits.
Safe Working Conditions: Employers are obligated to provide safe and healthy working environments, including proper safety equipment and emergency procedures.
Decent Accommodation: Seafarers should have access to suitable living quarters on board the ship, ensuring their comfort and well-being.
Medical Care: Employers must provide adequate medical care, including access to medical facilities and insurance coverage.
Repatriation: In case of illness, injury, or contract termination, seafarers should be repatriated to the Philippines at the employer’s expense.
Social Security Benefits: Seafarers are entitled to social security benefits, including pension, health insurance, and disability support.
Protection from Discrimination: Seafarers are protected from discrimination based on gender, race, religion, nationality, or other factors.
Employment and Labor Standards:
Employment Contracts: Seafarers should have clear and enforceable employment contracts, outlining their terms and conditions of service.
Recruitment and Placement Fees: Recruitment agencies are prohibited from charging seafarers excessive fees.
Seafarers’ Welfare Fund: A dedicated fund may be established to support seafarers’ welfare programs and services.
Dispute Resolution Mechanisms: Effective mechanisms should be in place for resolving disputes between seafarers and employers.
Training and Education:
Competency Standards: Seafarers must meet specific competency standards to ensure their qualifications and skills.
Training and Development: Employers are encouraged to provide opportunities for seafarers’ training and development.
Cadetship Programs: Support for cadetship programs can help develop a pipeline of qualified Filipino seafarers.
International Standards:
Compliance with International Conventions: The Magna Carta should align with international maritime labor conventions, such as the Maritime Labour Convention (MLC) 2006.
Other notable provisions:
On sexual harassment – protection from sexual harassment:
In the case of work-related disability be it total or partial disability
In case of death, employer’s liability in case of death:
In case of injury or sickness:
Case Examples of Filipino Seafarers
Several real-life cases highlight the importance of laws like the Magna Carta of Filipino Seafarers in protecting the rights and welfare of Filipino maritime workers. Here are some examples:
1. Case of Seafarer Deckhand Calopez
“More than two weeks had passed since the fateful day of December 31, 2019. The sun in the rich fishing grounds in the waters off Peru was beating rays of blistering heat on the men working on the ship.
Deckhand Calopez was fixing the ship’s “parachute,” the thick metal line that serves as an anchor, when he suddenly fainted, hit his head on a pipe, and momentarily lost consciousness after he fell to the floor.
He went back to work after a few days but often complained of headaches and difficulty breathing. As his condition deteriorated, the men on board the Fu Yuan Yu 7874 fishing vessel took turns looking after Calopez, feeding him porridge, giving him sips of water, and helping him to the bathroom. Crew members shared photos and videos of Calopez lying in bed, visibly weak.
Gaboni — “Gabo” to the 40 other Filipino seafarers of the vessel that had been out in the fishing grounds of the Atlantic Ocean since March 2019 – pleaded with their Chinese captain to bring Calopez to a doctor. It fell on deaf ears.
A bulky man of almost 6 feet, Gaboni’s physical presence could be intimidating if it were not for his gentle protective aura. On land, his years working as a security guard trained him to be a person of quiet authority, the one you count on for a welcoming smile and also the one you would turn to for help.
At sea, he was the group’s natural choice to be the leader they entrusted their lives to.
Desperate to ease Calopez’s pain, the men tried asking their captain for medicine but the attempt was futile.
“Binigyan kami ng gamot dun, eh, hindi naman namin maintindihan kasi Chinese ang sulat,” he said. (They gave us medicine but it was in Chinese characters that we couldn’t understand.)
More than two weeks would pass after the accident, before Calopez was transferred to a sister Fu Yuan Yu vessel, where he was supposed to have been attended to by a doctor. That was the last time the crew saw Calopez alive.
On January 19, Calopez’s body was transferred back to the Fu Yuan Yu 7874, where crew members buried him.”
While the Magna Carta did not exist at the time of the MV Doña Paz tragedy, which occurred in December 1987, this disaster serves as a poignant reminder of the importance of safety standards in the maritime industry. The collision between MV Doña Paz and MT Vector resulted in the loss of over 4,000 lives, making it the deadliest peacetime maritime disaster in history. The tragedy exposed severe lapses in safety regulations and highlighted the need for stronger legal protections for both passengers and seafarers.
With the enactment of the Magna Carta, seafarers are now better protected against such incidents, as the law mandates strict adherence to safety protocols and guarantees compensation for seafarers involved in maritime accidents.
Conclusion
The Magna Carta of Filipino Seafarers is a significant step towards improving the working conditions and welfare of Filipino maritime workers. It provides a comprehensive legal framework to protect seafarers from exploitation, abuse, and unsafe working conditions. Hopefully, there is effective implementation and enforcement of this new law, particularly in international waters.
As the global demand for seafarers continues to rise, the Philippines must continue to strengthen its legal frameworks and collaborate with other countries to protect the rights of Filipino seafarers, who remain one of the country’s most valuable economic contributors.
