A seafarers’ rights group protests the inclusion of an execution bond provision seen in the third bicameral committee report
MANILA, Philippines – President Ferdinand Marcos Jr. on Monday, September 23, signed into law the Magna Carta for Seafarers, or Republic Act 12021, which aims to protect the rights and welfare of hundreds of thousands of Filipino seafarers around the world.
“[The Magna Carta is] not only a tribute to their sacrifices but a call to weave together a future that they can be proud of — one where their voices are heard, their rights are upheld, [and] their families feel the support of a nation that understands the weight of their duty,” Marcos said in a speech during the signing ceremony on Monday.
The law covers various rights of seafarers — from fair working conditions, right to self-organization and collective bargaining, affordable education, protection against discrimination, and more efficient processes via digitalization, among others.
It also contains a set of provisions for women seafarers, including protection from gender-based discrimination, and lesser compensation compared with their male counterparts.
Marcos said that the Magna Carta will strengthen the country’s legal framework to ensure that Filipino seafarers receive adequate training, secure contracts, just wages, and fair benefits.
The framework is meant to align with the International Convention on Standards of Training, Certification and Watchkeeping (STCW) for seafarers.
“By creating a more robust certification process, we ensure that our seafarers are not just compliant but exceptional and equipped to meet the demands of an evolving maritime industry,” said Marcos.
The third bicameral committee report included certain provisions a number of seafarers’ groups fought hard to remove. While Marcos signed the law, Malacañang has yet to announce if there were any vetoed provisions.
Contentious provision
The Magna Carta’s journey to the President’s table went through three bicameral conferences — dubbed “unusual” by various lawmakers. The third bicameral version had in it the contentious provision on execution bonds, which rights groups have flagged benefit ship owners and manning agencies over seafarers.
The execution bond is tackled in Section 59. A decision granting a monetary award should have the following: (a) any salary or wage, (b) any statutory monetary and welfare benefits, (c) any undisputed amount, (d) any disputed amount, and (e) damages.
When a seafarer wins, letters A through C should be immediately awarded. However, if the ship owner or manning agency appeals, D and E will only be issued if the judgment obligee, or the seafarer, posts a bond “to ensure the full restitution of those amounts and the bond shall be maintained by the obligee until final resolution of the appeal or judicial review.”
If the seafarer wins in the final resolution, the losing party must reimburse the amount paid for the bond. If the seafarer loses, there will be no reimbursement.
The coverage of the law also excludes workers on fishing vessels.
Marcos was supposed to sign the law in February, after the first bicameral conference came up with its committee report. It was withdrawn over concerns about jurisdiction of disputes.
The two chambers of Congress met again for a second bicameral conference. In May, there was a new committee report, and the provision on execution bond was omitted.
Both the House and Senate ratified the second committee report, but it did not reach the President’s table.
The bicameral conference met for a third time, and accomplished the third report by the end of July, where the execution bond provision was reinstated. It was transmitted to the President on August 27.
Moments after the signing ceremony at Malacañang, rights organization Concerned Seafarers of the Philippines (CSP) held a brief mobilization at the Luneta Seafarers’ Center on Kalaw Avenue to voice their opposition to the execution bond being included in the law.
CSP explained to other seafarers in the area why the provision was unjust for their sector.
“Ang panawagan namin dito, tuloy-tuloy ang laban. Mahaba ang prosesong ipinaglalaban ng Concerned Seafarers of the Philippines para wakasan itong execution bond,” said CSP chairperson Xavier Bayoneta.
(Our message here is that our fight will continue. The process we are fighting for, which is to stop this execution bond, will carry on.) – Rappler.com
