What you need to know about Magna Carta for Filipino Seafarers

As of 2024, Philippines supplies around 28% of seafarers into the global seafaring market. This translates into billions of dollars in remittances to the Philippines each year. Being at the forefront of seafaring industry for decades, its time to protect this legacy and preserve the reputation our earlier seafarers have built.

The passage of Magna Carta for Filipino Seafarers serves as a cornerstone for the current and future seafarers’ welfare, protection, aid, rights and obligations. That is why it is very important to know what this law is all about and why does this matter to every Filipino seafarer.

from judiciary.gov.ph

Conceptualization to creation

Recognition of issues of the maritime industry has been around since the early 2000s. Numerous issues have been raised notably from EMSA (European Maritime Safety Agency) in regards to seafarer education & training, among other things.

In the 2010s, there have been an awareness that if the Philippine government does not address this issues, Filipino seafarers might not be able to sail anymore from EU flagged ships. Starting from Mid 2010s up until the present, numerous changes have been implemented in order to address the issues flagged earlier in the decade.

However, that was not enough and thus one whole legislative aid comes into fruition as the international shipping community continues to point out lackluster efforts from the state to protect its seafarers.

Even with the Philippines being one of the major suppliers of seafarer in the world, its seafarers have numerous concerns as they start their career, in sailing actively and until they stop. This law aims to bridge that gap and promote qualified Filipino seafarers in both domestic and international seafarer market.

Related: MARINA CRP Step by Step Guide

This is what Philippine lawmakers built on and started drafting this law in which is a long overdue. Rep. Marissa “Del Mar” P. Magsino from OFW partylist is the principal author of this law from the lower House, with Sen. Raffy Tulo as principal author and sponsor in the Senate.

It is worth nothing that this law has gone three bicameral hearings due to unresolved issues that needs to be addressed before making it into a law.

Key features of the law

Let us check and summarize what this all is about:

Notable Chapters

CHAPTER IV – As more and more women engages in the seafaring industry, the law aims to protect the up and coming wave of female seafarers onboard ships. They shall be protected against gender-based discriminatory practices including:

a. Undue regard for the distinctive needs of women and failure to promote their health, security, dignity, and general welfare;

b. Payment of a lesser compensation, including other forms of remuneration and fringe benefits, to female seafarers as against male seafarers for work of equal value;

c. Undue advantage given to male over female seafarers with respect to promotion, training opportunities, and study and scholarship grants, solely on account of their gender.

Shipowners, manning agencies and maritime institutions are required to ensure that policies made on gender and development are in place to promote women’s rights to equal training and opportunities and free from discrimination, harassment and bullying.

CHAPTER XVIII – The notable provisions from the law includes maritime education in the country. While the Magna Carta for Filipino Seafarers caters to keeping the existing and future seafarers qualified, certified and protected, some argue that the maritime education need another legislation in itself. As a result, it has been revised up until the 3rd and final bicam meeting.

The cost of each maritime degree could skyrocket as each MHEIs offering maritime degree programs is required to have at least their own training ship and invest in simulators or other similar technologies that can compliment the theoretical side of the program. They can also directly enter into agreements with local or international shipping companies, shipowners or manning agencies for the shipboard training program of their cadets.

On the other hand, Philippine registered ships operating domestically and internationally are mandated to enter into agreement with MHEIs for shipboard training for the school’s cadets. The number of cadets to be accommodated shall be in accordance to rules and regulations issued by the administration (MARINA).

Incentives await to owners of commercially operating domestic ships for the shipboard training of cadets. This incentives shall be granted after consultation with different stakeholders.

What this have on us, mates?

Overall, this largely benefits the Filipino seafarer, after all, this law is made for them. Now, there is a bit clear definition and jurisdiction of each of the maritime stakeholders. Shipowners, legal and health practitioners, government agencies, manning agencies and the seafarer itself has its defined role on how to promote the Filipino seafarer to be as competitive and qualified as ever before.

The job landscape is continuously changing and for us to have a job to come back to, it is important that we have the state’s full support and resources to continue serving the global trade. We have the knowledge, expertise and reputation over other nationalities and our government is relying on this to deliver greener opportunities to each Filipino seafarer.

The only concern that we have is the proper implementation of this law. There are a lot of stakeholders that clap behind the curtains and continue to uphold their personal interests against the Filipino seafarer, whom, in all circumstances deserves to be protected.

Further reading

Access the following for further reference:

Del Rosario Pandiphil Inc. Q & A.

Supreme Court E-Library