Camarines Sur 2nd district Rep. LRay Villafuerte (PPAB)

Camarines Sur 2nd district Rep. LRay Villafuerte foresees better legal protection--among other benefits--for the estimated 700,000 Filipino mariners following the swift release of the implementing rules and regulations (IRR) of the Magna Carta of Filipino Seafarers. 

Villafuerte said the recent signing of the IRR will “henceforth ensure full protection for our mariners in both foreign-flagged ships or Philippine-registered vessels operating overseas against the backdrop of a surge in global demand for Filipino seafarers". 

The Bicolano is a lead author of the Magna Carta, as embodied in Republic Act (RA) No. 12021. The IRR essential made the new law implementable. 
 
“With the prompt release of RA 12021’s IRR, I am counting from hereon on better legal and labor protection plus better training and other benefits due  our some 700,000 seafarers during and after their employment, especially in cases of maritime accidents, epidemics or pandemics, and natural or man-made crises, as provided for in the Magna Carta,” Villafuerte said.
 
“This Magna Carta ensures greater legal and labor protection for our maritime professionals, whether on land or at sea, and better support for their families, especially in crisis periods,” added the president of the National Unity Party (NUP). 

Villafuerte also backed President Marcos' directive following the ceremonial signing of the IRR for the Department of Migrant Workers (DMW), Marine Industry Authority (Marina), Department of Labor and Employment (DOLE), Department of Transportation (DOTr) and all other relevant agencies ensure the immediate and full implementation of the rules and regulations covering this Magna Carta.  

Moreover, he said, “This law aims to further sharpen the global competitiveness of our sought-after mariners by levelling up the country’s maritime education, training, certification and licensing system,” at this time of rising demand for our seafarers.
 
Just recently, he said, Marina and the Norwegian Maritime Authority (NMA) signed a Memorandum of Agreement (MOA) in Oslo on Norway’s recognition of our seafarers’ certificates under the International Convention on the 1978 Standards of Training, Certification, and Watchkeeping (STCW) for Seafarers, 1978.
 
With this new deal, the Philippine Embassy in Norway has expected to lead to the hiring of an additional 25,000 sailors onboard Norwegian-flagged ships, he said.
 
Villafuerte explained that one of the provisions of his original bill—House Bill (HB) No.2269—was the one on free legal assistance to seafarers facing legal concerns.
 
He explained that for seafarers who are victims of violations of this Act or of their employment contracts and who cannot afford the services of competent legal counsel, the new law gives them the right to free legal assistance and protection from our government. 
 
As for health protection and medical care, he said that a provision in his original bill requires shipowners to assist their hired seafarers in the event of death or disability as a result of occupational injury or illness.
 
In cases of violations of the Magna Carta or breach of contract and the seafarers involved  cannot afford the services of a counsel, the IRR’s Rule 3 on the rights of our seafarers ensures our seafarers’ “right to free legal assistance and protection at the expense of the government, and to the fair and speedy disposition of cases, including the expeditious settlement of money claims, subject to existing rules and regulations".
 
This rule requires the DMW to provide legal assistance “in accordance with the guidelines provided for the use of the Agarang Kalinga at Saklolo para sa mga OFW na Nangangailangan (AKSYON) Fund".
 
As regards overseas seafarers who have cases abroad, Rule 3 requires “the shipowner and/or concerned manning agency (to) have the primary obligation to inform the DMW of the nature of the case to enable said government agency to provide legal assistance in accordance with the guidelines provided for the use of the AKSYON Fund".
 
For seafarers with cases within the jurisdiction of Philippine courts, tribunals, and/or quasi judicial bodies, Rule 3 directs the Public Attorney's Office (PAO) to “render, free of charge, legal representation, assistance, and counseling to seafarers or their families".
 
Also, the IRR provides that Filipino seamen, in accordance with the International Labor Organization (ILO) Convention No. 190, “shall be protected against all forms of harassment and bullying while on board ships or onshore".
 
This rule requires every shipowner to “adopt policies for the protection of all crew members against harassment and bullying, including but not limited to creating a culture of safe space while onboard the vessel. Additionally, there should be clear procedures for reporting and addressing complaints, with assurances of confidentiality and protection against retaliation, including continuous awareness programs against bullying and harassment".
 
In relation to this rule, shipowners and manning agencies shall “establish helplines and grievance mechanisms for all victims of harassment and bullying, as well as procedures for the prevention of, reporting of cases of, response to, corrective action for, and documentation of, harassment and bullying, subject to RA 10173,” or the “Data Privacy Act of 2012".