RTD 11: IS THE POEA CONTRACT FOR SEAFARERS STILL RELEVANT?
ISAC Calls for the Revision of POEA-SEC 2000
International Seafarers Action Center (ISAC) Phils Foundation Inc. recently launched its 11th Round Table Discussion entitled “Is the POEA Contract for Seafarers still Relevant?”
The event was held last July 11, 2007, from 1-5 pm at the Lakandula-Humabon Room of Sulo Hotel in Diliman Quezon, City.
Invited resource persons who graced the occasion are representatives from International Labor Organization (ILO), National Labor Relations Commission (NLRC) and Philippine Overseas Employment Agency (POEA).
.Apostleship of the Sea, KAKAMMPI and other seafarers advocates and organizations were invited as reactors
ISAC Vice-President and Secretary General, Atty. Joseph T. Entero discussed the particular provisions of POEA-SEC 2000 that directly affect Filipino seafarers. He particularly focused on Section 20 of the POEA-SEC 2000, a section on Compensation and Benefits. In the said section, the term “work-related” was added unlike in the old POEA contract. Inclusion of the term “work-related” led to difficulty for seafarers to get their disability benefits. In connection with that, Atty. Entero sighted Supreme Court Decisions like CRYSTAL SHIPPING VS. DEO NATIVIDAD, REMIGIO VS. CF SHARP and SEAGULL MARITIME CORP. VS. JAYCEE DEE. Supreme Court rulings in the above entitled cases generally ruled that a seafarer should be considered totally and permanently disabled if he is unfit to work for more than 120 days and not on whether its work related or not.
Mr. Temesgen Samuel, Senior Labor Specialist from ILO-Manila explained that he’s not so familiar with the national laws concerning the seafarers, but instead he opted to discuss the Maritime Labor Convention 2006.
NLRC representative, Labor Arbiter Teresita Castillon-Lora also talked about NLRC and Supreme Court decisions favoring the seafarers. She said there is a need to revise the POEA contract.
POEA Deputy Administrator fro Employment and Welfare, Ms. Viveca C. Catalig explained that the POEA SEC 2000 was drafted in consultation with various seafarers organizations and according to the standards of the Labor Code.
Capt. Andrew Malpass, President of Pandiman Phils, Local counterpart of international Protection & Indemnity Clubs was also invited as one of the reactors.
Five (5) crew members of the shipwreck MMM GALVESTON were given the privilege to share their traumatic experience of being detained in China for more than four months.
Atty. Edwin S. dela Cruz, ISAC President led the open forum and recap the over-all discussion. He reiterated that there should be a public consultation/hearing among Filipino seafarers and seafarers’ advocates for any future plans of revising of the POEA contract.
Ms. Rita Ogbinar, Head of the ISAC Women & Children’s Desk hosted the event.
RTD 10: SOCIAL INSURANCE FOR FILIPINO SEAFARERS
Rationale
Seafarer Rodolfo Redosendo, Jr. was working on board a Danish vessel when he fell into the ocean, was lost at sea and presumed dead. The National Board of Industrial Injuries in Denmark recognized his death compensation. With the help of the seafarers union in Denmark, the widow and her children also received pension and financial aid from the Danish government, aside from the death claims they received from the shipowners' P & I Club.
The Associated Marine Officers Union of the Philippines (AMOSUP), the biggest seafarer union in the Philippines, offers a provident fund for Filipino seafarers who have served on board ships covered by the ITF CBA. The qualified member is entitled to received the total amount of his contributions plus 100% of its eranings and interests. However, entitlements under this program are only reserved for contributing members only.
The Overseas Workers Welfare Administration (OWWA) collects 25 dollars each time an overseas Filipino seafarer is deployed abroad. OWWA is mandated to provide welfare services to its members/contributors, such as insurance and health care benefits, financial support, scholarships, disability and death benefits. This year however, many members have been refused benefits since the OWWA has no available funds.
Social insurance has been defined as programs carried out or mandated by government to provide economic assistance to the unempoyed, the elderly, or the disabled. For vast majority of Filipino Seafarers, there is seemingly a dearth of social services available to disadvantaged overseas Filipino seafarers.
Filipinos still comprise the bulk of seafarers working on board international ocean-going vessels. The POEA has reported that there are about 520,000 registered seafarers in 2004, and about 200,000 were deployed. According to a recent survey on marginalization of Filipino seafarers, 67 percent of Filipino seafarers chose seafaring as a profession due to economic reasons. Eighty-three (83%) percent have no other source of income other than seafaring. With an attrition rate of 25% due to overage, non-vacancy, sickness/injury, and blacklisting, more and more are pushed into the abyss of poverty.
The Consolidated Maritime Convention provisions on social security (Regulation 4.5) address social security protection provided through national security system. Will this tend to eliminate the welfare benefits Filipino seafarers receive from labor-receiving countries such as Norway, Britain, Denmark, Germany and others? Will this threaten to erode the trifling benefits underprivileged Filipino seafarers enjoy with responsible flag states?
More importantly, is the Philippine government providing adequate, at the very least, social security protection for its Filipino seafarer whose remittances prop up the national economy at this time of grave economic crisis? Are there "best practices" that can be replicated to serve more of the underprivileged seafarers?
Thus the RTD will center on the availability of social insurance schemes in the Philippines, and discussion on best practices that could pave the way to develop more programs and schemes. It shall gather representatives from different government service providers, seafarer organizations, NGOs, and representatives from the ILO and seafarer's unions from other countries to share their programs and come up with recommendations for the development of more appropriate and responsive social insurance schemes and programs fro this important sector.
For comments, suggestions or inquiries, please contact ISAC at (632)9207433; 9207481 or fax at
920 7476.
Email: info@isac.or.ph
ISAC RTDs:
The International Sefarers Action Center (ISAC) Philippines Foundation conducts Series of Round-Table-Discussions (RTDs) to gather together policymakers, advocates, academics, and other stakeholders to discuss and study relevant Filipino labor migration and development issues and concerns and those affecting Overseas Filipino Seafarers.
RTD 10 is the tenth of this series, and will center on the availability of social insurance schemes in the Philippines, and discussion on best practices that could pave the way to develop more programs and schemes. It shall gather representatives from different government service providers, seafarer organizations, NGOs, and representatives from the ILO and seafarer's unions from other countries to share their programs and come up with recommendations for the development of more appropriate and responsive social insurance schemes and programs for this important sector.
RTDS:
1 Proposed Labor Code Amendments - May 14,2003
2 Seafarers and Migrants Situationer - May 23,2003
3 POEA Revised Rules and Regulations-July 20, 2003
4 POEA SEC Section 20 - Aug.21, 2003
5 Magna Carta for Seafarers - Sep.23, 2003
6 Occupational Health and Safety - Oct. 24, 2003
7 Disability Grading - Nov.28, 2003
8 Seafarer's Legislative Agenda - Mar.24, 2004
9 Marginalization of Filipino Seafarers - Sept. 3, 2004
10 Social Insurance forFilipino Seafarers- Nov.23, 2005
11 Is POEA Contract for Seafarers Still
Relevant? - July 11, 2007
Round Table Discussion Topics 2004
The 8th Roundtable Discussion Series for the year 2004 is about the Seafarers Legislative Advocacy agenda. The objectives that will be presented to the general public are: Isac's policy analysis and legislative agenda addressing urgent concerns of overseas Filipino seafarers and the sea-going public.Solicit reactions from policy makers and representatives of international
labor and maritime bodies. Draft a seafarer's
legislative manifesto as a framework for pushing
maritime reforms.Venue of this RTD is at the Pagoda
Boarding Home in Quiapo, Manila.The presenters are
Isac,Concerned Seafarers of the Philippines(CSP),
Filipino Seafarers Movement(FSM). The reactors are
Atty. Brenda V. Pimentel, IMO Regional Representative, Mr. Samuel Temesgen of the ILO and Atty. Merlin Magallona.
Round Table Discussion Topics 2003
Among the initial activities of ISAC was organizing a series of Round Table Discussions(RTD) or fora to discuss the various burning issues involving seafarers.
On May 14, 2003 the First Round Table Discussion was held. The discussion centered on the Proposed New Labor Code of the Philippines. ISAC Board Member Jeremy Cajiuat presented
the backgrounder and the proposed features, while a critique from the Pro-Labor lawyers group was also presented and discussed.
The 2nd RTD was held on May 23, 2003 that discussed
the Seafarers and Migrants Situationer and Problems.
It was co-sponsored by Migrante and the Filipino Seafarers Movement(FSM). The discussion included the situation of the Filipino seafarers and their families.
The 3rd RTD discussed the new POEA Revised Rules and Regulations that gave rise to new trends in illegal recruitment and violations against OFWs. Jeremy Cajiuat facilitated the discussion. Mr. Maragtas Amante of the SOLAIR/SIRC, Mr. Steve McKay,and 3E Xavier Bayoneta were the reactors.
The 4th RTD last August was a discussion of the New POEA Contract for seafarers. ISAC Secretary Emily Ilag facilitated. Atty. Joseph Entero, Rodney Hernandez, M.D. made presentations on "work-related injuries" and NLRC’s Atty. TeresitaLora, POEA’s Joane Fung, Ms. Maureen Loste from NCCP and Marian De Guia of SWAPI were reactors.Press announcements resulted in high attendance.
The 5th RTD in September was a Critique of the proposed Magna Carta for Seafarers. The facilitators were Emily Ilag and Jeremy Cajiuat. ISAC Executive Director Tony Ogbinar, Tom Samson CSP, Jeremy Cajiuat, and Atty. Edwin dela Cruz presented the issues. The reactors were Hon. Rep. Crispin Beltran of Bayan Muna, Fr. Savino Bernardi of the Apostleship of the Sea, and a representative of Hon. Rep. Barinaga, Chairman of the House Committee on Labor.
The 6th RTD was on Occupational Health and Safety. It was held in October. The Facilitators were Dr. Rodney Hernandez and Tina Tiozon. The Presenters were Samuel Temesgen from the ILO, and representatives from MARINA, ECC, and the OHSC. The Reactorswere from IOHSAD and the UMC Maritime Ministry.
The 7th RTD, co-sponsored by IOHSAD and held at Kowloon West in November, was a Doctor’s dinner that focused on the issue of Disability Grading. The presenters were Joseph Entero, Rodney Hernandez, Edwin dela Cruz, Tony Ogbinar. ISAC trustees. Dr. Rodney Hernandez and Dr. Rachel Magsambol facilitated the discussion.
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