Signing of Magna Carta for Seafarers stalled

By Francis Allan L. Angelo

The much-debated Magna Carta for Seafarers in the Philippines faced a controversial turn of events as President Ferdinand Marcos Jr. opted not to sign the proposed legislation, drawing reactions from various stakeholders within the maritime industry.

The Presidential Communications Office indicated that the bill is still under review.

However, later developments saw the House of Representatives adopt House Concurrent Resolution No. 23, which effectively recalled the bills from the Office of the President.

Questions arose over jurisdictional transfers of disputes from the Philippines Department of Labor and Employment (DOLE) to the International Labor Organization (ILO), as pointed out by District Rep. Rufus Rodriguez.

This bill, certified as urgent by the President last September, aims to rectify recurring deficiencies in domestic laws concerning the training and accreditation of Filipino seafarers.

The legislation is vital as the Philippines is the world’s largest supplier of seafarers to international shipping, with a significant portion of Filipino officers serving on European-flagged ships.

Despite the delay, President Marcos Jr. has been actively involved in resolving issues with the European Maritime Safety Agency (EMSA) over training standards, which had previously threatened a ban on Filipino officers.

The bill has faced opposition from local maritime training institutions, with the Philippine Association of Maritime Institutions describing it as a “death sentence to Philippine Maritime Education and Training.”

PAMI had previously declared a “Black Monday” campaign to push for revisions to the contentious chapter of the Magna Carta.

Additionally, the Philippine Coastwise Shipping Association (PCSA) has urged the President to veto the bill, claiming it would burden the domestic shipping sector and potentially harm the industry.

Capt. Edgardo Flores, a consultant of Eastern Mediterranean Manning Agency and president and CEO of the Navigator Training Center, lauded the President’s decision as a move that preserved the vitality of the seafaring sector.

According to Capt. Flores, certain provisions within the Magna Carta, particularly the requirement for maritime schools to possess their own training ships, were “crazy” and not in line with the Standards of Training, Certification, and Watchkeeping (STCW) Code.

He argued that the proposed bill was not only unnecessary but also defied the STCW Code by imposing on-board training requirements for students, which are not mandated for graduation or certification.

In the meantime, the Association of Licensed Manning Agencies was reported to convene to assess the President’s decision further and its implications for the industry.

The delayed signing of the Magna Carta coincided with the enactment of other legislation, which put the maritime community in a state of uncertainty.

This legislative impasse has been a point of contention not only for policymakers but also for educational institutions and industry associations.

At the heart of the advocacy for the Magna Carta stands Rep. Kristine Alexie Besas Tutor of Bohol’s 3rd District and Chairperson of the Committee on Civil Service and Professional Regulation.

Tutor has been instrumental in shaping and pushing the bill through the legislative process.

“The Magna Carta of Seafarers is a complex piece of legislation with even more complex underlying bases,” explained Rep. Tutor, who has been a principal force behind the bill.

The law is designed to provide end-to-end protection “from the time they enter maritime school to when they retire,” Tutor stated.

Despite the setbacks, Rep. Tutor emphasized the bill’s importance as a comprehensive labor code that would afford protection to seafarers throughout their careers, advocating for a law that ensures fewer maritime disasters and compliance with international standards.

Rep. Tutor said she remains vigilant, acknowledging that while the country has the legal framework, “implementation, I believe, is the much greater challenge.” Her focus remains not just on the legislation but also on ensuring its effective enforcement.

The journey of the Magna Carta for Seafarers underscores the complexities of legislating in an industry where international standards, local educational practices, and the well-being of a significant labor force converge.

The Philippines, as the world’s largest supplier of seafarers, remains at a crossroads, balancing the need for stringent training and accreditation laws with the realities and capabilities of its maritime institutions.

The nation waits to see how these issues will be navigated in the legislative waters ahead.