Intoy Syokoy, Filipino seafarers, and piracy

SYNOPSIS Intoy (JM de Guzman) has had the hots for Doray (LJ Moreno)  since they were kids in Kalye Marino, Cavite City, formerly the American Naval Base in Sangley Point.  Both marginalized as the long-lasting effect of American abandonment of the said base, Intoy has become Kalye Marino’s best “tahong” caretaker-with-no-angst-about-poverty, while Doray a cheap prostitute-with-no-guilt, tending to her siblings’ needs.  Intoy strives to have his own cages of “tahong” so he can have Doray, not for just a night of quickie sex, but forever.  But what will he do to when she offers to drop by his hovel-on-stilts to quench his passion, but before it happens Nature has chosen to play a joke on his tahong cage?  Will it be goodbye to his tahong business or to his damsel-in-distress and ultimately to Kalye Marino?  From Eros S. Atalia’s 2001 Palanca Grand Prize-winning Short Story, Intoy Syokoy ng Kalye Marino is a love tale minus the obligatory romantic sentiments.   

Kenneth Salva

As a maritime  lawyer representing the Filipino seafarers, I commend the producers for tackling the issue of piracy that continue to plague the seafaring industry. In this Cinemalaya entry, Kenneth Salva portrayed the role of one of Intoy's barkada who wanted to follow the footstep of his father who is a seafarer. His dream collapsed after receiving news that his father was killed during a piracy incident while on the high seas.  

 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 sailor.

     I am presently handling the case of a  Filipino sailor,  Christopher Cortez Ceprado, who was found dead last May 11, 2011 aboard MT Sea King , a Marshall Island-flagged chemical tanker, four days after it was attacked by pirates off the coast of Benin in West Africa. Heavily armed pirates on May 7, 2011  boarded chemical tanker MT Sea King while docked in Cotonou, the largest city in Benin, . Ceprado, who was among the 15 Filipino crewmembers of the ship, was later found dead on May 11. The pirates looted the vessel and even the personal effects of the crew were taken. Ceprado's family hailed from my hometown  of Matabao. Tubigon, Bohol.   

"Equality," said Aristotle, "consists in the same treatment of similar persons." Unfortunately, his family is deprived of appropriate death compensation under the government’s  “double pay” policy  for victims of piracy attacks.

            The death of a seafarer during the term of his employment makes the employer liable to the former’s heirs for death compensation benefits.  The POEA Standard Employment Contract fixes the amount at US$50,000.00 and an additional amount of US$7,000.00 for each child, not exceeding four, under twenty-one years of age.  The employer becomes liable once it is established that the seafarer  died during the effectivity of his employment contract.

   On October 7, 2008, the Philippine Overseas Employment Administration (POEA) issued Board Resolution No. 4, which declared as “high risk” zone certain coordinates within the Gulf of Aden. The resolution also mandates that Filipino seafarers will receive double the amount of their basic wage, overtime pay, and leave pay while sailing within the declared high-risk zone. On any death, injury or illness while sailing within those areas, the seafarers are also entitled to a double amount of compensation and benefits. The problem with  this policy is that it only covers Somalia and the Gulf of Aden and a certain expanded area.The fact remains that piracy is not limited to Somalia and the Gulf of Aden. The International Maritime Bureau (IMB) warned  seafarers to be extra cautious and to take necessary precautionary measures when transiting the following piracy prone areas:

a.         SOUTH EAST ASIA AND INDIAN SUB CONTINENT  Bangladesh, India, Indonesia, Malacca Straits, Malaysia,  Singapore Straits, South China Sea, Vietnam:

b.        AFRICA AND RED SEA: Nigeria,  Benin: Cotonou, Conakry (Guinea), Douala Outer Anchorage (Cameroon), Gulf of Aden/Red Sea.

c.         SOUTH AND CENTRAL AMERICA AND THE CARIBBEAN WATERS: Brazil, Peru, Venezuela, Haiti: Port Au Prince.

d.         REST OF THE WORLD: Arabian Sea / Off Oman, Indian Ocean/Off Seychelles / Off Madagascar / Off West Maldives / Off Mozambique, Iraq.

Although  Ceprado’s death occurred in Cotonou, Benin which is not within the “high risk” areas declared by the POEA Board Resolution No. 4, his family  is  seeking death benefits under the POEA “double pay” policy since he died under the same conditions and circumstances describing piracy. Depriving them of such “double pay” compensation is tantamount to a violation of the “equal protection clause” of the Philippine Constitution.

The Supreme Court has stressed in several rulings that the principle of equal protection is not a barren concept that may be casually swept aside. While it does not demand absolute equality, it requires that all persons similarly situated be treated alike, both as to privileges conferred and liabilities enforced. Verily, equal protection and security shall be accorded every person under identical or analogous circumstances in view of Section 1, Article III (Bill of Rights) of the 1987 Constitution which reads:   

“Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”

 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. 

Since the Philippines supplies a third of the world’s seafarers’ population, it will remain as among the most adversely affected and seriously alarmed by incidences of piracy in the high seas. Unfortunately, the present compensation scheme will remain violative of the “equal protection” clause of the Philippine Constitution as long as the “double pay” policy will cover a very limited group of seafarer victims of piracy.

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.

PIRACY and the Filipino Seafarers

A Filipino sailor,  Christopher Cortez Ceprado, was found dead last May 11, 2011 aboard MT Sea King , a Marshall Island-flagged chemical tanker, four days after it was attacked by pirates off the coast of Benin in West Africa. Heavily armed pirates on May 7, 2011  boarded chemical tanker MT Sea King while docked in Cotonou, the largest city in Benin, . Ceprado, who was among the 15 Filipino crewmembers of the ship, was later found dead on May 11. The pirates looted the vessel and even the personal effects of the crew were taken

Ceprado's family hailed from my hometown  of Matabao. Tubigon, Bohol. 

Ceprado's remains came home more than a month after the incident. Legalization of documents were difficult since the nearest Philippine Embassy is far from where the incident occured. compounded by the somewhat slow coordination with the manning agencies and the insurance. Worse, when his cadaver was being flown to the Philippines, customs officials discovered that his legal documents such as  medical records and death certificate were missing in Amsterdam thus his body was not allowed to leave the airport unless all necessary papers are "reconstituted". His body  was originally scheduled to arrive on June 12, 2011 but it reached manila only on June 16, 2011.

This is the recent reported piracy casualty incident involving Filipino sailors in a hostage-taking incident in African waters.   On January 26, 2011 a Filipino crewman of German ship MV Beluga , Mr. Farolito Vallega,was shot and killed by Somali pirates as two anti-piracy naval patrol vessels attempted a rescue mission.

Last February,2011,   i attended a rally in front of the Department of Foreign Affairs (DFA) in connection with the death of  Filipino seafarer Vallega in a hostage incident in the Somalia seas.

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The German-owned MV Beluga Nomination was hijacked by Somali pirates 390 nautical miles north of Port Victoria in the Seychelles on January 22, 2011. Onboard the ship were 12 crewmembers, including seven Filipinos. The other crewmembers are of Russian, Ukrainian and Polish descent.  Another Filipino crewman is still reported missing after jumping overboard during the said rescue operation.

These 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.

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.

The Gulf of Aden  leads to the Red Sea and Suez Canal, a vital and one of the most cost-effective  route for trade between Asia and the Middle East, and Europe and North America. The effected area compromises two strategically important choke points. Around 7.5% of world trade travels through the Suez Canal.  The Straits of Hormuz lead to the Arabian Sea and a daily average of 16.5 to 17 million barrels transit through this effected area.  This is 40% of the world’s seaborne oil shipments and 20% of all the world’s oil shipments.There is no existing central government in Somalia. Since the United Nations withdrew in March 1995 without restoring a functioning government, little progress has been made.

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.

For the shipping industry, costs are soaring due to piracy issues. Operators now face rising insurance premiums for a high risk area.Other costs include installing preventative measures and protection on board, employing private security personnel, as well as  payments.

Worldwide, there have  been 248 attacks so far in 2011 with 28 vessels hijacked. The waters off Somalia continues to remain the most piracy-prone area but the risk to crews and shipping off Nigeria and its neighbouring states is remains high as well. As of January 2011 figures from the  International Maritime Bureau shows that there are over 700  hostages being held on over 30 vessels. However, other figures suggest that the figure could be higher than 800. To date, there are at least 130 Filipino seafarers on board 11 vessels that had been held captive by Somali pirates.

The ICC International Maritime Bureau’s (IMB) Piracy Reporting Centre (PRC) has issued a warning to vessels in the waters off Benin. Attacks are increasing as there have been eight attacks in total off Cotonou, Benin, so far in 2011 with six taking place since May this year. Of the eight attacks, four vessels were hijacked and two boarded by pirates who robbed ship and crew property and in some cases cargo.

In a paper presented during the recent anti-piracy  conference  held April 2011 in Dubai,   Benin  Ambassador Pamphile  Goutoundji  said "The scourge of piracy is moving to other areas of Africa. My country Benin is one of the unknown victims of this unlawful activity. Because of its geographical position, ( a large coastal side in the Gulf  of Guinea,  hub of maritime transportation in West Africa,  a port of transit for hinterlands countries), Benin has regularly witnessed piracy attacks and threats in her maritime waters."

            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.

Initially a recommendation in  October  2008  to ban all Filipino seafarers from vessels transiting the Gulf of Aden  was the only solution being considered by the Philippines in order to protect the welfare of its seafarers. However,  the  proposed ban has met strong opposition from local seafarers’ groups and manning agencies  saying this policy would be costly on the maritime industry and will force shipping companies to turn to other nations for manpower. Stakeholders argued that if the Philippines were to suspend the sending of, or limit the travel of, seafarers to the pirate area, that would definitely disrupt world shipping. 

In response, the POEA has issued Governing Board resolutions from 2008 to the current year that declared high risk areas for our seafarers and  that seafarers passing within the declared ‘high risk’ areas shall receive double the amount of their basic wage, overtime pay, and leave pay. They shall also be entitled to a double amount of compensation and benefits in cases of death, injury, or illness while within the said areas. More significantly, the resolution orders the Master to inform the seafarer passing through high risk areas as the voyage is known.

The Governing Board also issued other resolutions relevant to the Somalia piracy issue such as GBR No. 6 (adopting the 5th revision of the IBF High Risk Area for a definition of a new high risk zone); GBR No.5 (allowing the deployment of Filipino seafarers on board vessels transiting the Gulf of Aden on certain conditions); and GBR No.3 (extending the high risk zone coordinates as defined by the IMEC).

In view of the “double pay” resolutions issued by the POEA, any Filipino seafarer who was hostaged is entitled to double the amount of his  basic wage, overtime pay, and leave pay while he is  being held hostaged in Somalia. This is because in essence his contract has not yet been terminated until he has returned back to Philippine soil. However, Ceprado's case might not fall under this double pay scheme since the incident occured in an area not within the declared high risk zone by the POEA.

On January 28, 2010, the POEA issued memorandum circular no. 02, series of 2010, which required seafarers to be deployed to undergo anti-piracy awareness training seminar on practical measures to avoid, deter, or delay piracy attacks as a requirement for the processing of their contract. The course will teach seafarers how to detect approaching pirates and who to communicate with in case of an attack. This, however, will be at no cost to the seafarers.

The Philippines has also been recently admitted as member of the Contact Group on Piracy off the Coast of Somalia.  The CGPCS was established on Jan. 14, 2009 pursuant to UN Security Council Resolution 1851 to facilitate discussion and coordination of action among member-states and organizations to suppress piracy off the coast of Somalia.  Apart from 50 member-states, members of the Contact Group are the African Union, the European Union, the North Atlantic Treaty Organization, the International Maritime Organization and the UN Secretariat. It operates in the Gulf of Aden and off the eastern coast of Somalia covering an area of approximately 1.1 million square miles.

An International Recommended Transit Corridor was later  set up on  February 2009  to protect ships travelling through the Gulf of Aden. In this area, navies from the European Union, China, Russia, India and other nations escort ships and respond to distress calls from vessels under attack. The POEA issued guidelines requiring shipowners, principals, managers, and manning agencies to ensure that vessels with Filipino seafarers should pass only within this declared maritime security patrol area in the Gulf of Aden.

                         In the midst of the pircay issues are the wives and families of these seafarers who suffer from poor, or sometimes non-existent, information about what is being done to protect their loved ones or to secure their release.The International Committee on Seafarers Welfare (ICSW) has been actively conducting   Piracy Awareness seminars for the maritime community focusing on post-traumatic stress reactions and Post-Traumatic Stress Disorder, taking into account cultural issues, in particular in dealing with distressed family members in incidents which involve their family members. The seminars aimed to enhance the understanding of the complex, comprehensive and changing psychosocial needs created in the aftermath of a critical incident.

            Since the Philippines supplies a third of the world’s seafarers’ population, it will remain as  among the most adversely affected and seriously alarmed by incidences of piracy in the Somali basin and the Gulf of Aden. And hopefully, with the series of protective and preventive measures devised by both the government and private sector, no further bad news will follow the recent death of Filipino seafarer Christopher Cortez Ceprado.