Philippines ratifies Maritime Labour Convention 2006

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

When will Philippines ratify Maritime Labor Convention 2006?

Even if the Philippines boasts itself as a major supplier of global maritime labor,   President Benigno Aquino II is "noynoying" in ratifying  the  so called international magna carta for seafarers rights which will soon  take into effect. With one more country to go, it seemed that President Aquino is  espousing a lukewarm attitude in being one of the of the first thirty ratifying countries required for the Maritime Labour Convention of 2006 (MLC2006) to take effect.

With the deposit to the ILO of the ratification documents of the MLC 2006 by Cyprus    last July 20, 2012 , 29 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 iby Cyprus s an important step towards achieving the second requirement: 30 ratifying countries. It is expected that the remaining 1 ratificiaion will be obtained before the end of 2012, indicating that the MLC, 2006 will enter into force in 2012.

 

The convention was already ratified by 29 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) and Cyprus (July 20, 2012)

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 will likely 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. Per Philippine Overseas Employment Administration (POEA) data, there were 330,424 Filipino seafarers deployed abroad in 2009 comprising almost 30 percent of the global maritime labor force. Although the number of deployed Filipino seafarers has decreased from 2006 (274,497), 2007 (266,553) to 2008 (261,614), the dollar remittances have been constantly increasing from US$1.9B in 2006, US$2.2B in 2007 , US$3B in 2008, US$3.4B in 2009 to US$3.8B in 2010. 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.

When the Philippines does ratify the Convention, for example, manning agencies are mandated not to deploy seafarers aboard ships that don’t follow the new Convention. On the other hand, if the Philippines does not ratify, ratifying countries will not allow Filipinos aboard their ships – unless the Philippine government certifies that manning companies are complying with the new standards relating to wages, social security and so on. The disadvantage non-ratification by the Philippines is that shipowners will have to bear the responsibility for checking the Convention’s requirements on the recruitment and placement of the seafarers.

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. It is now incumbent upon the Philippine government to ratify MLC2006 in order that it will be one of the thirty ratifying countries required for the convention to take effect

Maritime Labour Convention (MLC) 2006 ratification delayed by the SC CJ Corona impeachment case

Stakeholders are apprehensive that the delay in the ratification of the Maritime Labour Convention of 2006 (MLC2006) is imminent in view of the ongoing impeachment complaint against Supreme Court (SC) Chief Justice Renato Corona.

With the pending impeachment case, the Senators will find a hard time in the ratification process of MLC 2006 due to the demanding hours imposed on them. The impeachment complaint was filed last December 12, 2012 by members of the House of Representative against SC Justice Corona in accordance with the provisions of Section 2, Article XI of the 1987 Constitution, on the grounds of: (a) Betrayal of Public Trust; (b) Culpable Violation of the Constitution; and (c) Graft and Corruption

.

The Senate implemented a new legislative schedule in order to balance its task as legislator and as an impeachment court handling the impeachment case. Prior to the start of the impeachment trial, the Senate had been conducting legislative sessions three times a week from Monday to Wednesday but the chamber cut it to two to give way to the impeachment proceedings. They later decided to hold legislative sessions on Tuesdays and Wednesdays instead of Mondays and Tuesdays. Senators want to dedicate Monday to caucus, while Thursday and Friday will be a free time for them and during which they can review pleadings and transcripts of the proceedings.

This political development is seen as setback to the calls of stakeholders in the maritime industry that it is now incumbent upon the Philippine government to ratify the Maritime Labour Convention of 2006 (MLC2006) in order that it will be one of the thirty ratifying countries required for the convention to take effect.

With the deposit to the ILO of the ratification documents of the MLC 2006 by Australia last December 14, 2011 , 22 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, Singapore’s ratification is an important step towards achieving the second requirement: 30 ratifying countries. It is expected that the additional 8 ratifications will be obtained before the end of 2012, indicating that the MLC, 2006 will enter into force in 2012.

The convention was already ratified by 26 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)

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 will likely 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. Per Philippine Overseas Employment Administration (POEA) data, there were 330,424 Filipino seafarers deployed abroad in 2009 comprising almost 30 percent of the global maritime labor force. Although the number of deployed Filipino seafarers has decreased from 2006 (274,497), 2007 (266,553) to 2008 (261,614), the dollar remittances have been constantly increasing from US$1.9B in 2006, US$2.2B in 2007 , US$3B in 2008, US$3.4B in 2009 to US$3.8B in 2010. 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.

When the Philippines does ratify the Convention, for example, manning agencies are mandated not to deploy seafarers aboard ships that don’t follow the new Convention. On the other hand, if the Philippines does not ratify, ratifying countries will not allow Filipinos aboard their ships – unless the Philippine government certifies that manning companies are complying with the new standards relating to wages, social security and so on. The disadvantage non-ratification by the Philippines is that shipowners will have to bear the responsibility for checking the Convention’s requirements on the recruitment and placement of the seafarers.

Out of the nine (9) IMO conventions where the Philippines is a signatory, it has ratified only four (4) conventions, namely SOLAS, STCW, MARPOL, and SUA. On the other hand, out of the twenty seven (27) ILO conventions, the Philippines has ratified only seven (7) conventions, namely No. 23 - Repatriation of Seamen (1926), No. 53 -Minimum Requirement of Professional Capacity for Masters and Officers on Board Merchant Ships , No. 76 – Wages, Hours of Work and Manning (Sea) Revised (1949) ; No. 138- Minimum Age for Admission to Employment; No. 165 - Social Security for Seafarers and No. 179 -Recruitment and Placement of Seafarers, (1996) and No. 185 - Seafarers' Identity Documents (2012).

The Philippine Instrument of Ratification on ILO C185 (Seafarers' Identity Documents Convention) was recently deposited last January 19, 2012 at the ILO Headquartes in Geneva. This convention provides seafarers with a valid seafarers' identity document that will facilitate their entry into ports for temporary shore leave or when joining their ship or transferring to another ship.

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. It is now incumbent upon the Philippine government to ratify MLC2006 in order that it will be one of the thirty ratifying countries required for the convention to take effect.

National Seafarers' Day 2011

 "Sa inyong pagalalayag ay dala ninyo ang katangiang Pilipino - kasipagan, pagmamahal sa pamilya at paniniwala/ takot sa Diyos (In your journey you bring with you unique Filipino traits - reliableness, love of family and faith/ fear of God)", thus declared His Eminence Gaudencio Cardinal Rosales, Archbishop of Manila, during the mass in celebration of the 16^th National Seafarers’ Day (NSD)  at the Manila Cathedral.

The homily of Cardinal Rosales centered on the significance of the seafaring profession both in the Philippine economy and the lives of the stakeholders. He stressed that more often than not, you can recognize a Filipino seafarer on board the vessel by looking into his cabin and the pictures posted in his wall - his family along with that of Jesus Christ, Mary or any other saint, signifying the source of  his strenghth amidst the hardships and challenges of his profession.

Per Philippine Overseas Employment Administration (POEA) data, there were 330,424 Filipino seafarers deployed abroad in 2009 comprising almost 30 percent of the global maritime labor force. Although the number of deployed Filipino seafarers has decreased from 2006 (274,497), 2007 (266,553) to 2008 (261,614), the dollar remittances have been constantly  increasing from US$1.9B in 2006, US$2.2B in 2007 , US$3B in 2008, US$3.4B in 2009 to US$3.8B in 2010.

The mass was preceded by the grand parade from LUSWELF in Kalaw to the Manila Cathedral participated by more than  five thousand stakeholders coming from the schools, government and private sector (organizations/ unions, manning agencies, training centers, etc). Earlier, there was wreath laying ceremonies held at the Philippine Coast Guard (PCG) compound in honor of the deceased seafarers.

Under Proclamation No.1049 issued in 1997 by then president Fidel V. Ramos,  the Apostleship of the Sea (AOS) was tasked to coordinate with the public and private sector in   activities related to the National Seafarers’ Day during the last Sunday of September every year.   This year's 16^th National Seafarers’ Day celebration fell on September 25, 2011, . with the  theme “Marinong Pilipino: Lakas ng Pagkakaisa!” It embodies the unified attitude of the Filipino Seafarers’ ideals, morals and cause.

This year's NSD served as the kick- off of the National Maritime Week (NMW). On July 17, 2008, then President Gloria M. Arroyo issued Proclamation No. 1560 declaring last Friday of September of every year as “National Maritime Day” , spearheaded by the government agencies , to wit : Maritime Industry Authority (MARINA), Philippine Coast Guard (PCG), Philippine Ports Authority (PPA)/ Cebu Ports Authority. 

Both celebrations focused on two main issues affecting the Filipino Seafarers: piracy and the maritime labor convention.

The recent piracy incidents are  reality checks  to the risk faced by seafarers , particularly Filipino seafarers.  The Philippines, which supplies a third of the world’s seafarers’ population, is among the most adversely affected and seriously alarmed by incidences of piracy in the Somali basin and the Gulf of Aden. The hijacking of dozens of vessels, ranging from massive oil tankers to chartered supply ships carrying UN food aid for Somalia, has become a highly lucrative industry with millions of dollars paid in ransom each year.

  Seafarers are on the frontline of the piracy problem. In recent years, thousands of seafarers have been killed, injured, assaulted, taken hostage or threatened as piracy and armed robbery have increased dramatically.. All seafarers transiting the Gulf of Aden and Northern Indian Ocean, have to live with the risk of attack. When ships are attacked by pirates, crews suffer the stress of being fired upon with guns and rocket propelled grenades and those captured can be held hostage for months. Following a piracy attack those involved can be seriously affected by post traumatic stress. 

            As a policy, the Philippine government does not negotiate with nor pay ransom to kidnappers, but gives ship owners the free hand in negotiating for the release of abducted Filipino sailors

On the other hand, it is now  incumbent upon the Philippine government to ratify the Maritime Labour Convention of 2006 (MLC2006) in order that it will be one of the thirty ratifying countries required  for the convention  to take effect. 

With the recent  ratification by Antigua and Barbuda last August 11, 2011 of the MLC 2006 last June 15, 2011 , 18  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, Antigua and Barbuda’s ratification is an important step towards achieving the second requirement: 30 ratifying countries. It is expected that the additional 12 ratifications will be obtained before the end of 2011, indicating that the MLC, 2006 will enter into force in 2012.

The convention was already ratified by  18 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  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.

Philippines must prioritize ratification of Maritime Labour Convention of 2006 (MLC2006)

It is now  incumbent upon the Philippine government to ratify the Maritime Labour Convention of 2006 (MLC2006) in order that it will be one of the thirty ratifying countries required  for the convention  to take effect. 

With the recent deposit to the ILO  of the ratification documentsof the MLC 2006  by Australia last December 14, 2011   , 22  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, Singapore’s ratification is an important step towards achieving the second requirement: 30 ratifying countries. It is expected that the additional 8 ratifications will be obtained before the end of 2011, indicating that the MLC, 2006 will enter into force in 2012.

The convention was already ratified by  22 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)

It 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 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 will likely  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. Per Philippine Overseas Employment Administration (POEA) data, there were 330,424 Filipino seafarers deployed abroad in 2009 comprising almost 30 percent of the global maritime labor force. Although the number of deployed Filipino seafarers has decreased from 2006 (274,497), 2007 (266,553) to 2008 (261,614), the dollar remittances have been constantly  increasing from US$1.9B in 2006, US$2.2B in 2007 , US$3B in 2008, US$3.4B in 2009 to US$3.8B in 2010. . 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.

When the Philippines does ratify the Convention, for example, manning agencies are mandated not to deploy seafarers aboard ships that don’t follow the new Convention. On the other hand, if the Philippines does not ratify, ratifying countries will not allow Filipinos aboard their ships – unless the Philippine government certifies that manning companies are complying with the new standards relating to wages, social security and so on. The disadvantage non-ratification by the Philippines is that shipowners will have to bear the responsibility for checking the Convention’s requirements on the recruitment and placement of the seafarers.

The Philippines is a signatory to the following IMO Conventions

·         Safety of Life at Sea 1960 and 1974 (SOLAS) plus the SOLAS Protocol 1978 and amendments of 1981, 1983 and 1988

• International Regulations for Prevention of Collisions at Sea, 1972 (COLREG) (amended 1981)
• Standards of Training, Certification Watch keeping for Seafarers, 1978 (STCW), amended in 1995
• Prevention of Pollution from Ships, 1973 and Protocol 1978 (MARPOL 73/78)
• Load Lines (1966), plus Protocol 1988
• Safe Containers (1972): amended 1981, 1983
• International Maritime Satellite Organization (1976)
• Maritime Search Rescue (1979)
• Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention)

The Philippines is a signatory to the following ILO  CONVENTIONS which are  maritime in nature:

• No. 7 - Minimum Age for Admission of Children to Employment at Sea, (1920)
• No. 9 - Establishing Facilities for Finding Employment for Seamen (1920)
• No. 22 - Seamen’s Articles of Agreement (1926)
• No. 23 - Repatriation of Seamen ((1926)
• No. 53 - The Minimum Requirement of Professional Capacity for Masters and Officers on Board Merchant Ships (1936)
• No. 55 - Liability of the Shipowner in Case of Sickness, Injury or Death of Seamen (1936)
• No. 56 - Sickness Insurance for Seamen (1936)
• No. 58 - Fixing the Minimum Age for Admission of Children to Employment at Sea (Revised, 1936)
• No. 68 - Food and Catering for Crews on Board Ship (1946)
• No. 69 - Certification of Ships’ cooks (1946)
• No. 71 - Concerning Seafarer’s Pensions (1946)
• No. 73 -  Medical Examination of Seafarers (1946)
• No. 74 - Certification of Able Seamen (1946)
• No. 91 - Vacation Holidays with Pay for Seafarers (Revised 1949)
• No. 92 - Crew Accommodations on Board Ship (Revised 1949)
• No. 108 - Seafarers’ National Identity Documents (1958)
• No. 109 - Wages, Hours of Work on Board Ship and Manning (Revised,  1958)
• No. 133- Crew Accommodations on Board Ship , Supplementary Provisions (1970)
• No. 134 -  Prevention of Occupational Accidents for Seafarers (1970)
• No. 138 - Minimum Age for Employment
• No. 146 - Annual Leave With Pay for Seafarers (1976)
• No. 147 - Minimum Standards in Merchant Ships (1976)
• No. 163- Seafarers’ Welfare at Sea and in Port (1987)
• No. 164 - Health Protection and Medical Care for Seafarers (1987)
• No. 165 - Social Security for Seafarers (1987)
• No. 166 Repatriation of Seafarers (Revised, 1987)
• No. 179 - Recruitment and Placement of Seafarers

The   Philippines   has  likewise  signed   several   bilateral   labor  agreements with 43 countries on the recognition of certificates of Filipino seafarers under the Regulation 1/10 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended.  

Out of the nine (9) IMO conventions where the Philippines is a signatory, it has ratified only four (4)  conventions, namely  SOLAS, STCW, MARPOL, and SUA. On the other hand, out of the twenty seven (27) ILO conventions, the Philippines has ratified only six (6)  conventions, namely No. 23 - Repatriation of Seamen (1926), No. 53 -Minimum Requirement of Professional Capacity for Masters and Officers on Board Merchant Ships , No. 76 – Wages, Hours of Work and Manning (Sea) Revised (1949) ; No. 138- Minimum Age for Admission to Employment; No. 165 - Social Security for Seafarers and  No. 179 -Recruitment and Placement of Seafarers, (1996).

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. It is now  incumbent upon the Philippine government to ratify MLC2006 in order that it will be one of the thirty ratifying countries required for the convention  to take effect.