President Ferdinand Marcos Jr signed into law the long-awaited Magna Carta of Filipino Seafarers on September 23, ensuring the protection of the rights and welfare of nearly half a million Filipino seafarers who keep the global shipping industry afloat.
After more than a decade of anticipation, Marcos Jr signed Senate Bill No. 2221 and House Bill No. 7325, known as the Magna Carta of Filipino Seafarers. The new law ensures that no Filipino seafarer will be left behind in the event of legal or medical issues while performing their duties.
“(The Magna Carta is) not only a tribute to their sacrifices but a call to weave together a future that they can be proud of — one where their voices are heard, their rights are upheld, (and) their families feel the support of a nation that understands the weight of their duty,” Marcos Jr said during the signing ceremony.
The president emphasized that the Magna Carta serves as a formal recognition of seafarers’ sacrifices and contributions to the country. “It is our way of telling our seafarers, we see you, we hear you, and we are here to support you,” he added.
“When we speak of protection, we speak of shielding our seafarers not only from the perils of the sea, but from exploitation and discrimination that have too often been tolerated,” Marcos Jr said. He explained that the new law strengthens the legal framework to ensure Filipino seafarers receive adequate training, secure contracts, fair wages, and just benefits.
Filipino seafarers account for about 25 percent of all officers and crew in the international maritime industry, a crucial contribution to global shipping operations.
Seafarers’ rights and protections under the law
The Magna Carta outlines the rights of seafarers, including just terms and conditions of work, the right to self-organization and collective bargaining, affordable access to educational advancement, the right to information, and the protection of a seafarer’s family or next of kin.
The law also ensures seafarers’ right to safe passage, legal representation, medical attention, access to communication, and fair treatment in case of a maritime accident.
Additional protections are provided to female seafarers, safeguarding them from gender-based discrimination and ensuring they receive equal compensation as their male counterparts.
Aligning with international maritime standards
Marcos Jr highlighted the Magna Carta’s alignment with the International Convention on Standards of Training, Certification, and Watchkeeping (STCW) for seafarers. “By creating a more robust certification process, we ensure that our seafarers are not just compliant but exceptional and equipped to meet the demands of an evolving maritime industry,” he said.
The law enforces clear protocols for grievances and disputes to address the concerns of Filipino seafarers working abroad.
According to Malacañang, the presidential office, this law will help improve compliance with STCW standards, including monitoring, supervising, and evaluating training programs, as well as the certification and endorsement process for seafarers.
The legislation will also ensure the availability of training facilities, onboard training, and simulators, and enhance the processes for issuing and revalidating seafarer certifications.
MARINA’s role
Moments before the signing at Malacañang, Luisito Delos Santos, director of planning and policy service, Maritime Industry Authority (MARINA), discussed the importance of the bill.
Delos Santos called the Magna Carta a significant milestone as it enshrines the basic welfare and rights of seafarers.
“It’s really very important because the Magna Carta now prescribes the basic welfare and rights of our seafarers,” Delos Santos said at the “Kapihan Para sa Marinong Filipino” event in Luneta Park, Manila.
Delos Santos mentioned basic rights included in the Magna Carta, such as the right to repatriation and protection against abandonment. He pointed to past incidents where shipowners abandoned seafarers on board their ships when problems arose, leaving them in vulnerable situations.
“The basic rights of our seafarers are protected. For example, the right to repatriation; of course, our seafarers are also protected against abandonment because there have been instances in the past where shipowners, when encountering problems such as an embargo, abandoned the seafarers right there on the ship,” Delos Santos explained.
Under the new law, MARINA is responsible for overseeing maritime education, accrediting and regulating institutions offering maritime programs, and ensuring alignment with international standards like the STCW.
MARINA is also tasked with developing a specialized program for seafarers engaged in domestic trade.
Delos Santos praised the bill as a major step forward, noting its alignment with the 2006 Maritime Labor Convention. “This is long overdue, and we just have to congratulate everyone that after so many years, we’re finally able to have this.” He also acknowledged the challenges that come with implementing the new law, referring to them as “birth pains”.
The MARINA official stressed the need for additional manpower and funding to fulfill Marina’s new responsibilities.
“There are many functions already under MARINA, and this adds to them. However, Congress has assured us of their support, especially with the backing of Secretary (Jaime) Bautista of the Department of Transportation and Congressman (Ron) Salo. We cannot fail the Philippines and our seafarers,” he emphasized.
Support from legislators
Senate President Francis Escudero underscored the importance of implementing the Magna Carta, noting that it is crucial for ensuring the rights and safety of Filipino maritime workers.
“Just like an ordinary employee in a company, it is only proper that the rights of a seafarer are clearly and strictly implemented, be it a captain or a deck hand,” he said, adding that the law provides essential protections for seafarers, addressing the risks they face at sea. He stressed that the measure is necessary to safeguard their well-being.
KABAYAN Partylist Rep. Ron Salo, a primary advocate of the bill, hailed the Magna Carta’s passage as a major victory for Filipino seafarers. “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,” he said.
“Filipino seafarers are the lifeblood of global shipping, and they deserve nothing less than robust legal protection as they navigate the seas,” he added.
Controversial provision on execution bonds
A contentious provision on execution bonds, found in Section 59, has been flagged by rights groups as favoring ship owners and manning agencies over seafarers. The execution bond requires seafarers who won a monetary award to post a bond covering disputed amounts and damages during appeals by ship owners or manning agencies.
This provision has drawn criticism from lawmakers, including senators Aquilino Pimentel III and Risa Hontiveros, who voted against the bill because of its inclusion.
Senator Joel Villanueva, who voted for the ratification of the measure “with a heavy heart”, also expressed reservations about the execution bond.
“This is clearly discriminatory if not unjust to our seafarers who file monetary claims because of financial distress,” Pimentel said.
Reactions from seafarers’ union
The Associated Marine Officers and Seamen’s Union of the Philippines (AMOSUP), the country’s largest seafarers’ union, praised the passage of the Magna Carta.
AMOSUP’s president Dr. Conrado Oca said: “The enactment of the Magna Carta of Filipino Seafarers is an important victory for all Filipino seafarers serving onboard both domestic and international vessels.”
According to Oca, the law ensures compliance with the Maritime Labor Convention, 2006, and upholds the rights to just and gainful employment for Filipino seafarers. He expressed deep gratitude to those who supported the bill despite the challenges.
“It is the perfect opening salvo to our festivities in celebration of the 25th National Maritime Week and the World Maritime Day,” Oca said.
“The Magna Carta of Filipino Seafarers is truly a gift and a wonderful tribute to our noble and hardworking seafarers who contribute greatly to our country’s economy, and are instrumental in moving the world trade, and in keeping the global supply and value chains unhindered,” he said.
“Our heartfelt thanks to you from our brave Filipino seafarers,” he added.
Photo credit: Presidential Communications Office. President Ferdinand Marcos Jr. signs the Magna Carta of Filipino Seafarers in Malacañang Palace on September 23, 2024.
