After 20 years, the Philippines finally has a Magna Carta for seafarers. Still, while hailed by proponents as a landmark law aimed at safeguarding the rights and welfare of Filipino seafarers, it is drawing concern from seafarer rights advocates and labor lawyers. 

Although the law included provisions for better protection and working conditions, critics argued that certain clauses could undermine seafarers’ economic rights and limit their access to justice. They said the law potentially places them at a greater disadvantage in disputes with employers or recruitment agencies.

A law for seafarers, not businesses

President Ferdinand Marcos Jr on September 23 signed into law the Magna Carta of Filipino Seafarers as Republic Act No. 12021. The law was formerly designated as HB 7325, which was introduced by Congressman Ron Salo in the House of Representatives, and SB 2221, which was filed by Senator Raffy Tulfo in the Senate

Industry players lauded the law, among them president, Associated Marine Officers and Seamen’s Union of the Philippines (AMOSUP), Conrado F. Oca. Oca, who said the new law ensured the Philippines’ compliance with the Maritime Labor Convention 2006, which safeguards the rights and promotes the welfare of all seafarers.

“This is a proof of the government’s commitment to protect the best interests of our sea-based overseas Filipino workers, ensuring that they continue to thrive and succeed in the global maritime industry,” Oca said.

The Association of Licensed Manning Agencies (ALMA) said the law would lead to a more secure future for all Filipino seafarers.

“This increased protection will not only shield them from harmful systems but also open up more job opportunities and contribute to a stronger and more robust seafaring industry,” ALMA said.

In a joint statement, the Filipino Association for Mariners Employment (FAME) and the Joint Manning Group (JMG) also expressed support for the new law.

“This newly signed law not only acknowledges the invaluable contributions of Filipino seafarers, often dubbed as modern-day heroes, but also addresses the challenges they face both on and off the ship,” they said.

House Committee on Overseas Workers Affairs chairman and Kabayan Partylist Rep. Ron Salo called the new law’s passage a “monumental victory for the more than 600,000 Filipino seafarers serving both locally and internationally.”

‌”The signing of the Magna Carta of Filipino Seafarers is not just a win for our maritime workforce — it is a victory for the entire maritime industry. Filipino seafarers are the lifeblood of global shipping, and they deserve nothing less than robust legal protection as they navigate the seas,” Salo.

Not everyone, however, welcomed the new law, among them the Concerned Seafarers of the Philippines (CSP) group.

“The version that was approved has many provisions that directly go against the rights of seafarers. Apart from the execution bond, this version has provisions that support age discrimination and worsen the phenomenon of blacklisting or watchlisting,” said the group’s chairperson Xavier Bayoneta.

“We are very dismayed with the final version of the law. This is more of a law for shipping companies and manning agencies. We don’t see this law favoring seafarers when they need assistance if and when we suffer accidents at work and demand monetary claims. We will continue to oppose this execution bond provision and call for a genuine Magna Carta for seafarers.”

The controversial execution bond provision stated that a seafarer may move for the execution of the disputed portion of the monetary award pending appeal upon posting of a sufficient bond.

Women’s right leader Liza Maza agreed with Bayoneta and said the new law prioritized maritime businesses over the seafarers it is intended to protect.

A former legislator, Maza said the Magna Carta has undergone significant changes from its original form.  She explained that House Bill HB 4438, supported by seafarers and migrant groups and proposed by the Makabayan (Patriotic) bloc in congress, included protections for fishers, coverage for all domestic seafarers, and job security for those employed for at least a year with the same company. The current version of the Magna Carta, she said, was eventually watered down.

The House of Representatives and Senate, through the bicameral committee, convened three times (December 6, 2023, May 23, and July 31, 2024) to restore the provision on the execution bond. The House contingent led the reinstatement of the said provision.  It was on July 29 that a third bicameral committee produced the version that was eventually signed into law by Marcos Jr.

In the first report, the bicameral committee omitted the escrow but retained a provision on execution bond. The whole provision was deleted in the second report but was reinserted in the third report.

The proposal’s “strange and unusual” legislative journey drew criticism from seafarers. Seafarer’s groups slammed the bicameral committee for reinstating the contentious execution bond provision.

Maza said: “They reinstated the provision for the execution bond requirement which directly undermines seafarers’ access to justice and puts an added financial burden on seafarers. 

“The new law also goes against Philippine Labor Law as its bond provisions undermine the integrity of labor dispute resolutions managed by agencies like the Department of Labor and Employment and the National Labor Relations Commission. 

“This provision should have been removed and more provisions added to ensure that seafarers receive fair treatment and justice in their labor disputes.”

The law is also being criticized for allegedly neglecting local seafarers and those on international vessels, leaving them without proper protection. It covered seafarers who work overseas, and in the Philippines, but does not cover fishing vessels, ships of traditional built, government ships not engaged in commercial operations, and warships, naval auxiliaries, and Coast Guard vessels.  

“Many local seafarers continue to be left out in the cold.,” Maza said. “Seafarer protection laws should include every Filipino seafarer, whether they’re working locally or abroad. They all deserve the same level of protection.”

Maza also criticized the Magna Carta’s failure to address key issues such as fair wages and job security. “Our seafarers are being exploited with inadequate wages and terrible working conditions. The new does nothing to rectify this injustice. What we need is a genuine Marga Carta for seafarers that will guarantee their rights to a living wage and social benefits.”

Maza was adamant about the need for seafarers to be regularized after a year of service. “Contractualization is a plague on our maritime industry,” she said. “Our seafarers are stuck in a cycle of temporary contracts and job insecurity. The Magna Carta does not provide a path to regularization and stable employment.

Protesters said many provisions directly go against the rights of seafarers. Photo credit: Concerned Seafarers of the Philippines 

Magna Carta going against labor laws

Labor rights advocates agreed with Maza on the issue of the Magna Carta going against labor laws. They said that during deliberations that led to its finalization, the proponents of the new law ignored the recommendation of the labor department on the exclusion of labor dispute resolution provisions, particularly involving the execution bond.

Earlier in March, labor secretary Bienvenido Laguesma called the draft of the Magna Carta “anti-worker, impractical and inconsistent with the protection to labor clause.” He wrote this in a letter to Executive Secretary Lucas Bersamin as a comment on the draft bicameral report.

Laguesma also took issue with the execution bond provision, and said it was inconsistent with the equal protection clause under the Philippine Constitution, creating a divide among overseas Filipino workers (OFWs) which include seafarers.

He explained that while the Supreme Court has ruled that OFWs constituted a distinct class needing special protection, the validity of the distinction has been founded on the nature of their employment and the peculiar circumstances that they faced while working abroad.  

Currently, there are no recognized valid basis for distinction in terms of how cases arising from the employment of OFWs are processed by local courts. The Magna Carta now not only makes a distinction between OFWs and local workers, it also effectively makes a distinction between sea-based and land-based OFWs.

“This can raise a “suspect classification” as it is doubtful if simply being an overseas seafarer—or a domestic seafarer for that matter—can be a substantive and valid basis to justify a differentiated treatment in the resolution and processing of cases, particularly at the execution stage,” Laguesma said.

Protesters are against execution bond provision. Photo credit: Kodao Productions

Impact on maritime education

There was also apprehension by maritime schools that the new law will cause many unwanted complications for the maritime education sector.

The Philippine Association of Maritime Institutions (PAMI), comprised 73 schools all over the Philippines, is against some particular education and training aspects of the law.  It said the provisions in Chapter 18 regarding Shipboard Training of Cadets could lead to increased tuition fees (various quarters estimating this to be at least P200,000 or US$3,561), potential closure of manning agencies, and a decrease in crew members.

PAMI argued that the Magna Carta should only apply to professional seafarers, not students. It has consistently raised concerns about stringent requirements, such as the need for training ships, which will financially burden students.

PAMI’s president, Sabino Czar Manglicmot II, said many maritime students came from families with limited financial resources, and making compliance with such requirements is challenging.

Maritime students were worried about the possible impacts of the law.  

Cadet Rey Angelo Mira was worried about tuition increases that the law’s implementation will cause. “The law’s requirement for maritime schools to have training ships and simulators is expensive. This could lead to higher tuition fees, with some saying that it might reach P200,000 or more per semester. This will make maritime education unaffordable for many students.”

Cadet Ken Joseph Dacula from PMI College in Bohol province said many students in maritime programs faced challenges such as tuition costs, living expenses, and internship-related expenses.

Dacula said: “Without proper financial support, many won’t be able to complete their programs. These issues must be addressed in parallel with the implementation of new laws like the Magna Carta of Seafarers to ensure that there’s a steady supply of well-trained professionals entering the maritime workforce. This calls for increased investment in scholarships, grants, and financial aid to support future seafarers.

“If the implementation of laws like the Magna Carta does not go hand in hand with measures to support and nurture the next generation of seafarers, it could lead to long-term consequences. The Philippines may lose out to other nations in terms of both job opportunities and remittances, which currently contribute significantly to its economy.”

While the Magna Carta promises much-needed protection and support for Filipino seafarers, it is crucial to remain vigilant about its implementation and long-term impacts. 

Seafarers must carefully monitor how the law affects their rights and livelihoods, ensuring that the protection it will supposedly provide will not be overwhelmed by provisions that could potentially harm their economic interests or limit access to justice. 

Advocacy groups and seafarers themselves must continue to push for accountability and necessary reforms, ensuring that the law truly serves their best interests. 

Top photo credit: The Cristal Blare. Maritime students said no to Magna Carta Chapter 18.