Six years after the Philippines became a signatory on so called international magna carta for seafarers rights, the Philippines has finally ratified the Maritime Labour Convention of 2006  (MLC2006). The Philippine Senate has passed last Monday, August 13, 2012, Senate Resolution 829 or the Resolution Concurring in the Ratification of Maritime Labour Convention, 2006.  making it the thirtieth country to ratify MLC 2006 and  one of the of the  first thirty ratifying countries  required for the convention  to take effect.   
 
 

 
 
With  the  ratification  by the Philippines  of the MLC 2006  by Philippines     last August 13, 2012  , 30 member States  of the International  Labour Organization (ILO) have now ratified this important  Convention,  which sets out minimum standards and fair working conditions for   seafarers worldwide. While the first requirement for entry into force of  the  Convention – coverage of 33 per cent of the world gross tonnage –  has already  been attained, the ratification by Philippines  is an important  step towards achieving  the second requirement: 30 ratifying countries.  The MLC,2006 will  soon enter into force  in 2012.
 

 
The  convention was already ratified by 30 countries/  states, to wit:  Liberia (June 7,2006), Marshall Islands (September 25, 2007 ),  Bahamas  (February 11,2008), Panama (February 6, 2009), Norway (February 10,   2009) , Bosnia and Herzegovina (January 18, 2010) , Spain (February 4,  2010),  Croatia (February 12, 2010) , Bulgaria (April 12, 2010) , Canada  (June 15,  2010),Saint Vincent and the Grenadines (November 9, 2010) ,  Switzerland  (February 2, 2011), Gabon (May 12, 2011) Benin (June 13,  2011), and Singapore (  June 15, 2011). Denmark (June 23, 2011) Latvia  (August 12, 2011)_ Antigua and  Barbuda (August 11, 2011) , the  Government of Luxembourg (19 September 2011),  Kiribati (24 October  2011) Netherlands (December 2011) Australia (14 December  2011), Tuvalu  (February 16, 2012)  Saint Kiss and Nevis (February 21, 2012),  Togo  (March 14, 2012)   Poland (May 3, 2012), Palau (May 29, 2012), Sweden  (June 12, 2012) Cyprus (July 20, 2012) and Philippines. 

 
Ratification  is the formal act by which a state  confirms and accepts the provisions  of the convention concluded by its  representatives. The purpose of  ratification is to enable the contracting states  to examine the  convention more closely and to give them an opportunity to refuse  to be  bound by it should they find it inimical to their interests. It is for   this reason that most treaties/conventions are made subject to the  scrutiny and  consent of a department of the government other than that  which negotiated them.  Ratification is generally held to be an  executive act, undertaken by the head of  the state or of the  government, as the case may be, through which the formal  acceptance of  the treaty is proclaimed. 
In the Philippine  jurisdiction, the power to ratify is  vested in the President and not,  as commonly believed, in the legislature. The  role of the Senate is  limited only to giving or withholding its consent, or  concurrence, to  the ratification. The MLC 2006 will become valid and effective  if  concurred in by two-thirds of all the members of the Senate (Section 21,   Article VII, 1987 Constitution.) This means it forms part of  Philippine law by  virtue of transformation. By an act of the  legislature, the convention rules may  be transformed into Philippine  law, to be applied or enforced as part of  Philippine law.

 
The  MLC 2006 is an important new Convention that was  adopted by the  International Labour Conference of the ILO at a maritime session  in  February 2006 in Geneva, Switzerland. It sets out seafarers’ rights to  decent  conditions of work and helps to create conditions of fair  competition for  shipowners. It is intended to be globally applicable,  easily understandable,  readily updatable and uniformly enforced. The  MLC , 2006 has been designed to  become a global legal instrument that,  once it enters into force, will be the  “fourth pillar” of the  international regulatory regime for quality shipping,  complementing the  key Conventions of the International Maritime Organization  (IMO) such  as the International Convention for the Safety of Life at Sea, 1974,  as  amended (SOLAS), the International Convention on Standards of Training,   Certification and Watchkeeping, 1978, as amended (STCW) and the  International  Convention for the Prevention of Pollution from Ships,  73/78 (MARPOL). Between  1920 and 1996, a total of 39 Conventions, 29  Recommendations and one Protocol  concerning seafarers have been adopted  by the ILO. 

 
The  MLC contains  a comprehensive set of global standards, based on those  that are already found  in 68 maritime labor instruments. It modernizes  the global standards to: (a) set  minimum requirements for seafarers to  work on a ship; (b) address conditions of  employment, accommodation,  recreational facilities, food and catering, health  protection, medical  care, welfare and social security protection; (c) promote  compliance by  operators and owners of ships by giving governments sufficient   flexibility to implement its requirements in a manner best adapted to  their  individual laws and practices; and (d) strengthen enforcement  mechanisms at all  levels, including provisions for complaint procedures  available to seafarers,  shipowners’ supervision of conditions on their  ships, the flag States’  jurisdiction and control over their ships, and  port State inspections of foreign  ships.
 The new Convention was perceied to   achieve the aim of near  universal ratification because the  Convention was adopted by a record vote of  314 in favour and none  against (two countries abstained for reasons unrelated to  the substance  of the Convention), after nearly two weeks of detailed review by  over  1,000 participants drawn from 106 countries.
Countries  that  ratify the Convention will require ship owners to put the  standards in place  before allowing seafarers aboard. And ratifying  countries will have the right to  inspect vessels for compliance before  port calls are allowed. The Convention  gives these countries the right  to deny ships that are not compliant from  sailing onwards. This applies  to ships regardless whether the countries they are  registered in have  ratified the Convention or not. 
 

 
The Philippines will definitely be one of the major beneficiaries of this convention. The Philippines is considered as the major supplier of maritime labor globally. Philippine Overseas Employment Administration (POEA) data showed that the deployed Filipino seafarers in 2006 (274,497), 2007 (266,553), 2008 (261,614), 2009 (330,424),  2010 (347,150),  2011 (400,000) brought in  the dollar remittances that have also  been constantly increasing from US$1.9B in 2006, US$2.2B in 2007 , US$3B in 2008, US$3.4B in 2009, US$3.8B in 2010 to S$4.3B in 2011. On the other hand, the Philippines as a flag State has a registered fleet comprising around 1.4% of total world tonnage.
 
Given  the vast Philippine coast line (twice the size of  the United States  and nearly three times more than China), Filipinos have  natural  maritime instincts that place them at an advantage over other   nationalities. Foreign shipowners are known to prefer Filipino seafarers  for  equally important qualities: dedication and discipline, industry,  flexibility,  loyalty, English language fluency, adaptability, positive  work attitude,  law-abiding, and problem-solving capability.
The  Philippines can benefit from ratifying the  Convention as a labour  supplying state, flag or port state. The maritime labour  convention is a  good reference point for the Philippine’s formulation of laws  and  policies responsive to the conditions and contexts of seafarers.   Ratification can serve as basis for technical assistance.
 As the foremost  seafarer-supplying country and a flag  State with a registered fleet  comprising around 1.4% of total world tonnage, it  behooves upon  Philippine social partners and stakeholders to determine the  passage  most beneficial to our national interests. The   Philippine government properly ratified MLC2006 in order that it will be one of  the  thirty ratifying countries required for the convention to take  effect