Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Maritime Labour Convention, 2006 (MLC, 2006) - Philippines (Ratification: 2012)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014 entered into force for the Philippines on 18 January 2017. It further notes that the Government’s report was received before the entry into force of these amendments.

Article I. General questions on application. Implementing measures. The Committee noted in its previous comment the Government’s indication that a “Magna Carta of Seafarers”, which, when adopted, will be a comprehensive law implementing the Convention and applicable to all Filipino seafarers and ships, was under consideration by the Congress of the Republic of the Philippines. The Committee requested the Government to transmit a copy of the Magna Carta of Seafarers once it is adopted and to continue to provide information on the progress made in this regard. The Committee notes that the Government indicates that the Magna Carta of Seafarers was pending deliberation at the 16th Congress of the Philippines both at the Senate of the Philippines and the House of Representatives. It further notes that the Maritime Industry Tripartite Council (MITC) constituted a Tripartite Technical Working Group (TWG) pursuant to the Department Order of the Department of Labor and Employment (DOLE) Administrative Order No. 419 Series of 2013, to draft the provisions of the Magna Carta of Filipino Seafarers pursuant to the provisions of the MLC, 2006. Following numerous TWG meetings convened to draft a tripartite version of the Magna Carta, a final draft was presented to the MITC which approved and endorsed the same to the 16th Congress of the Philippines on 9 March 2015. However, the Bill failed to pass into law. The Committee notes that the Bill is currently pending at the Senate of the Philippines and the MITC. The Committee stresses the urgency for the Government to move forward and adopt legislation to fully implement the Convention. The Committee requests the Government to communicate the text of all new laws or regulations adopted in this regard, indicating the relevant provisions. The Committee will examine the conformity with the Convention of all relevant national laws and regulations at its next session in November 2019.