MANY of us know a seafarer, whether it’s a neighbor, a friend, a relative or a classmate. In the provinces, we know them by their cemented or larger houses that stand out in the neighborhood. The seafarer, you know, is regarded as a unique class of worker, distinct from all other workers.
Borderless workplace, global operations
When the seafarer departs for his contracted job, he usually takes a plane flight from the Philippines to a country on any continent where his ship is docked. His work begins on a ship sailing through international waters — a zone beyond any country’s jurisdiction. His ship will dock in ports across different specific countries, where he must adapt to various local laws and regulations. In doing so, the seafarer navigates a complex web of international maritime laws and standards, ensuring compliance with regulations from multiple jurisdictions.
Indeed, his workplace is borderless, and his work environment is unique as it goes beyond traditional geographic and national boundaries. His situation is unlike other overseas Filipino workers who stay in specific countries and are bound by the laws of said countries or Filipino workers living in the Philippines who must abide only by Philippine laws.
Necessarily, the seafarer must evolve and adapt to changing regulatory conditions, maritime laws and port regulations, making his workplace dynamic and constantly changing. He also works often far from land, in isolated conditions requiring self-reliance and nuanced teamwork.
Most of all, the crew of one ship is typically multinational, giving rise to a multicultural environment where diverse cultures, languages and legal regimes must harmonize to facilitate a conducive work and living space. Ensuring the health and safety of these multinational crew involves understanding and implementing international safety standards and health care practices.
Historical and economic significance
Centuries of international legal customs have evolved to recognize the unique and distinct nature of seafaring, leading to widely accepted applied international laws governing shipping and seafaring. Shipping is an ancient trade, and it is not a modern concept at all. For example, shipping gave rise to insurance as we know it now and it is shipping that made possible global exploration and world trade.
Magna Carta of Seafarers, a call for recognition and protection
The Philippines, as a leading supplier of seafarers, must recognize this unique and distinct nature of their work. While the annual remittance of P300 billion sent by Filipino seafarers is significant, the current Philippine Labor Code is insufficient, even ineffective, in addressing the complexities of this profession.
Throughout the centuries, shipping and seafaring have maintained their crucial economic and global importance. It is time that Philippine laws recognize the borderless workplace of the seafarers, the transnational operations of their work, the high-risk nature of the job, and the real exposure of seafarers to the risk of violence from piracy or regional armed conflict. The Philippine laws for seafarers need to consider the complexities of managing a multinational crew on a single ship and the jurisdictional challenges that arise as seafarers work under multiple legal systems simultaneously. The existing Philippine labor code and laws are insufficient in recognizing and protecting seafarers, failing to address the unique complexities and risks they face in their profession.
Therefore, the global shipping community welcomes the Magna Carta of Seafarers as a much-awaited development from the Philippines. This landmark law is a crucial step toward providing the legal protection and recognition Filipino seafarers deserve as modern heroes working in a borderless environment.
For further reading:
McConnell, M. L., Devlin, D., & Doumbia-Henry, C. (2011). “The Maritime Labour Convention, 2006: A Legal Primer to an Emerging International Regime.” Leiden: Martinus Nijhoff Publishers.
Chircop, A., McConnell, M. L., & Coffen-Smout, S. (2009). “Seafarers’ Rights: Context and Developments.” In Chircop, A., & Coffen-Smout, S. (Eds.), “The Regulation of International Shipping: International and Comparative Perspectives.” Leiden: Martinus Nijhoff Publishers.
Sampson, H. (2013). “Seafarers: The Forgotten Workforce.” In Guérin, P., & Sampson, H. (Eds.), “Seafarers’ Rights in the Globalized Maritime Industry.” Oxon: Routledge.
Guest columnist Atty. Iris Baguilat is the chairman of the ALMA Maritime group and president of Dohle Seafront-Manila.
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