Finally, the Magna Carta of Filipino seafarers becomes a law

By Rose de la Cruz

After 20 years languishing in the House, the Magna Carta of Filipino Seafarers has been signed into law today.

In a press statement, Rep. Kristine Alexie Besas Tutor (Bohol, 3rd District), chair of the committee on Civil Service and Professional Regulation and one of the law’s authros, said those covered by the new law are overseas and domestic seafarers, cadets, schools and shipping.

“The House of Representatives has repeatedly tried since 2004 to have the Magna Carta of Seafarers enacted into law. For eight of those 20 years and four consecutive Congresses from 2016 to 2023, the House passed on third reading and sent its approved bill to the Senate. The Magna Carta of Seafarers is a complex law with even more complex underlying bases. That is partly why it took so long to become a law. The other part is the resistance of some stakeholders to change. It was a game of endurance. This time, Congress and the national government won.”

Finally, the 20-year chapter ends, and a new one begins. Seafarers now have what is essentially a labor code for their sector, designed to give them end-to-end protection from the time they enter maritime school to when they retire from their profession.

Seafaring, under our laws, covers the naval architecture and marine engineering professions being regulated by the PRC. As chairperson of the House Committee on Civil Service and Professional Regulation, I am also responsible for professional seafarers working locally and abroad, she said.

Contrary to prevalent misconception, the Magna Carta of Seafarers covers those who work overseas and here in our country. But not covered are fishing vessels, ships of traditional built, government ships not engaged in commercial operations, and warships, naval auxiliaries, and Coast Guard vessels. It is therefore clear that the law covers domestic shipping and passenger vessels.

This new law has provisions on domestic seafarers, inspection and enforcement, shipboard training,  maritime higher education and curriculum, and roles of the CHED and Coast Guard.

These provisions and others address the recurring shortcomings of our country whenever our maritime system is audited using global standards. The IMO (International Maritime Organization) and EMSA (European Maritime Safety Agency) have been pressing for stricter laws and regulations and better enforcement. At least now, we have the legal framework. There must be follow-up execution according to what the law stipulates. Implementation, I believe, is the much greater challenge because, quite often, our country falls short on implementation, especially the enforcement part.

The many implementing rules and regulations must be consistent with the letter and intent of the law, as well as national policies. On my part, I will keep a close eye on the crafting of the IRR because the exception on ships of traditional built could be the loophole some substandard and non-compliant vessel operators could exploit. In my opinion, ships of traditional built should not include any motorized banca or boat whether for passenger or cargo. In my mind, the vessel is no longer traditional if an engine powers it. Basta sagwan lang ang gamit traditional yun. Pero kapag motorized na, hindi na yun traditional.

This Magna Carta was written, in part, to make sure we have much fewer collisions, boat sinking, oil spills, and tragedies because those mishaps are the result of human error, substandard vessels, and non-compliance on the part of the owners, operators, and crew.