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Magna Carta

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II. Filipino seafarer’s right
A. Section 5-8
a.a .Section 5: Right access to educational advancement and training at reasonable and affordable costs. The state shall ensure Filipino seafarers, whether plying the domestic or international waters access to educational advancement and training at reasonable and affordable costs. Meaning they should be in the correct amount to be paid by the seafarers in trainings and other essential requirements.

a.b Section 6: Right access to relevant information. The State shall ensure that manning agencies shall provide Filipino seafarers with adequate and relevant information to make them understand their rights, benefits, obligations, conditions and realities attendant to their profession, their duties, responsibilities and obligations under the POEA-approved contract.
Toward this end, manning agencies, and other organizations responsible for the recruitment and placement of Filipino seafarers, whether employed on coastal or ocean-going ships shall mandated to provide seafarers information on the computation and payment of salaries and specific privileges and benefits available in their contract of employment.

a.c Section 7: Right to humane condition of work and right to just compensation.
The State shall protect the Filipino seafarers’ rights to” humane conditions of work a safe and secure workplace that complies with safety standards; decent working and living conditions on board ship,
Means that all of the seafarers working on board has a safe, comfortable and the security that they have to.
a.d Section 8: Rights to self-organization to engage in collective bargaining and to participate in democratic exercises. The state shall ensure Filipino seafarers of their right to self-organization, to collective bargaining and to participate in the deliberation of issues and in the formulation of policies that affect them. Including the guarantee of representation in governing boards or appointment instrumentalities, to include, but not limited to CHED, TESDA, PRC, POEA, OWWA, MARINA. We think that all the seafarers have to be a competitive because they are the one that provides the needs of the economy of the different country. That’s why they have to use their rights being a sea going workers.

B. Section 9-13
b.a Section 9: Right to legal representation. Filipino seafarers who are victims of illegal recruitment and prohibited acts as defined in this Act, shall have the right to free legal assistance and protection at government’s expense. Courts, administrative agencies, and other tribunals should ensure speedy and impartial disposition of their cases.
Every seafarer accused of committing any offense in violation of any provision of his or her contract has the right to due process, an impartial judicial or administrative body, and right to speedy disposition of cases.
b.b Section 10: Right to repatriation. Seafarers’ organizations or unions as well as concerned maritime industry representatives shall be adequately consulted by the State before adopting any policy, law, executive issuance, rule or regulation that may directly or indirectly affect them and/or their families and beneficiaries.
b.c Section 11: Right against discrimination and other rights and privileges. Equal remuneration for work of equal value shall apply to all seafarers employed on the same on the same ship without discrimination based upon race, colour, sex, religion, political opinion, national interaction or social origin. All other rights and privileges of seafarers recognized or granted under the MLC 2006, and other subsequent conventions with even better rights and privileges of seafarers which may be approved by the international bodies in the future, shall be enjoyed by Filipino seafarers.
b.d Section 12: Right to speedy processing of all documents and claims. The processing of all documents needed by, and claims of Filipino seafarers shall be speedy and not subject to any unreasonable delay.
b.e Section 13: Right to consultation on all matters affecting seafarers. Seafarers and all seafarer`s organization shall be consulted by the government before adopting any policy, law, executive issuance, rule of regulation that may directly or indirectly affect them and/or their families and beneficiaries.
C. Section 14-17
c.a Section 14: Right against being charged and/or treated as a criminal suspect in accident and/or pollution cases. No criminal case shall be filled versus a seafarers and no seafarer shall be treated as a criminal suspect in accident and/or pollution cases unless there is a prima facie evidence that the said accident and/or the cause of the pollution is directly the result of the deliberate criminal deed of the seafarer concerned.
c.b Section 15: Right to communication The rights of the seafarers to communicate shall not be violated in any way subject to reasonable restrictions that shall be stated in his employment contract which shall be clearly explained to him before he signs the said contract.

c.c Section 16: Rights of seafarers against exploitation Seafarer-applicant, seafarer-trainee, cadets, interns and similar persons against exploitation, any kind of physical harm, hazing, sexual harassment, slavery, drudgery, involuntary, unpaid and/or underpaid servitude.


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