Summary of New Advisory for Filipino Seafarers Regarding High-Risk Zones
A recent advisory shared by the Manila law office Del Rosario and Del Rosario outlines critical regulations for licensed manning agencies (LMAs) and their principals regarding the deployment of Filipino seafarers in high-risk maritime areas, notably the Red Sea and Gulf of Aden. This advisory necessitates immediate rerouting or diversion of any vessels manned by Filipino crew members away from International Transport Workers’ Federation (ITF) and International Bargaining Forum (IBF)-designated warlike zones.
Compliance with Existing Orders
LMAs and foreign shipowners must adhere strictly to several Department Orders issued in 2024, which include:
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Department Order No. 01, Series of 2024: Emphasizes guidelines on the observance of ITF/IBF high-risk and warlike zone protocols, including the seafarers’ right to refuse sailing in these specified areas.
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Department Order No. 02, Series of 2024: Prohibits Filipino seafarers from boarding passenger or cruise ships operating in the Red Sea and Gulf of Aden.
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Department Order No. 03, Series of 2024: Bans deployment of Filipino seafarers on ships previously attacked that traverse designated high-risk zones.
Additionally, DMW Advisory No. 16, Series of 2025 updates the list of IBF warlike and high-risk areas.
Seafarer’s Rights
Significantly emphasized is the right of Filipino seafarers to refuse to sail in dangerous regions. In instances where seafarers choose to invoke this right, LMAs are mandated to arrange for their immediate and safe repatriation. Additionally, any LMA or principal who reroutes their vessels must report to the Seabased Accreditation Bureau, along with details of seafarers who declined to sail and those who chose to proceed despite being informed of potential risks.
Deployment Restrictions
LMAs are prohibited from assigning Filipino crew members to any vessel that has:
- Previously experienced an attack.
- Plans to navigate previously designated high-risk zones.
- Been marked by hostility from Houthi forces or similar armed groups.
These prohibitions hold regardless of the date of prior incidents, emphasizing the rigorous safety measures in place for seafarers.
Appointment of SWACO
Every LMA is required to appoint a Seafarers’ Welfare and Crisis Management Officer (SWACO). The SWACO’s responsibilities include coordinating responses during maritime crises, monitoring incidents, and ensuring compliance with maritime safety protocols. They are also responsible for reporting roles to the DMW and leading training programs for seafarers focused on safety and crisis awareness. Credentials for the SWACO must be submitted within five days or by July 15, 2025.
Clarification on Rights
The advisory clarifies that while there is currently no absolute ban on navigating through the Red Sea or Gulf of Aden (except for passenger ships), stringent reporting and consent requirements will burden shipowners. Filipino seafarers maintain the right to decline these voyages, even post-consent, with shipowners obligated to facilitate their repatriation. Given these conditions, it’s advisable for shipowners with Filipino crew onboard to consider mitigating risks by rerouting or diverting their vessels to safer waters.
