PHILIPPINES Manila approves the “Magna Carta” for sailors, but doubts remain about some rights

The law provides for a security deposit in the event of death or illness that will only be recognized at the end of a judicial process. This contrasts with other points in the legislation, approved earlier this month after years of pressure from the European Maritime Safety Agency that protects the safety of workers at sea.

Manila () – The approval of a new law that should protect the rights of Filipino seamen (almost 400,000 workers employed on ships around the world) has been controversial. The so-called “Magna Carta” was approved by the House of Representatives on March 6, after years of pressure from the European Maritime Safety Agency and after an ultimatum was sent to President Ferdinand Marcos Jr. to guarantee increased social protection and legal safeguards for seafarers, who play an important economic and social role for the Philippines.

The legislation provides for a guarantee fund whereby, in the event of serious illness or death, what is owed to the victim or the family will not be automatically recognized, but will be deposited in a fund pending the completion of an investigation and a possible judicial procedure until the appeal and (if necessary) the final decision of the Supreme Court. The decision of the latter usually takes between 10 and 12 years to arrive.

Some raised the suspicion of unconstitutionality, since other Filipino workers are not subject to this process and can receive immediate monetary compensation. On the contrary, there are those who point out the risk of speculation on cases of disability or death that are not always easy to verify, especially outside the country or on ships at sea, with a thick list of cases often inflated by employers or lawyers. .

Situations that would be contrary to the Magna Carta itself, which guarantees “full protection” to sailors before, during and after employment, especially in the event of accidents at sea, epidemics or pandemics, and other natural or man-made crises. The legislation also recognizes the role of “unsung heroes” for Filipinos employed on ships and, in addition to listing the duties and responsibilities of seafarers, commits ship owners and operating companies to ensuring a place risk-free work environment that complies with safety standards. In particular, it offers workers fair employment conditions, adequate working and living conditions on ships, medical care, professional development opportunities, access to communication and information about their families, and free legal assistance.