Dear PAO,
My father has been employed as a crew member of a cruise ship for about five years now. He recently mentioned that there was a sudden change in the company’s management about two to three months ago. Since then, many of the crew members were treated differently. The management has reportedly treated Filipino crew members and those of other nationalities with brown or darker skin with less respect than their white skinned counterparts. My father has also been required to work longer hours while receiving reduced pay. Is there anything we can do to help him? Is there a law that protects him against discrimination?
Princess Jaymer Joy
Dear Ms. Princess,
The Maritime Labor Convention of 2006, otherwise known as the “Seafarers’ Bill of Rights,” ratified by the Philippines on Aug. 20, 2012, states that all ratifying countries must guarantee four basic labor principles, including Non-Discrimination. Article III (d) of the Convention specifically states:
“Each Member shall satisfy itself that the provisions of its law and regulations respect, in the context of this Convention, the fundamental rights to: x x x
“(d) the elimination of discrimination in respect of employment and occupation.”
Additionally, Sections 14 and 15 of Republic Act (RA) 12021, otherwise known as the “Magna Carta of Filipino Seafarers,” explicitly states:
“SEC. 14. Right Against Discrimination. - Seafarers shall have the right to be protected from discrimination on the basis of race, sex, gender, religion, or political opinion, taking into consideration the inherent requirements of the particular job or undertaking. Career opportunities and appropriate working and living conditions shall be guaranteed equally among male and female seafarers.
“SEC. 15. Right to be Protected Against All Forms of Harassment and Bullying. - Seafarers shall be protected against all forms of harassment and bullying while on board ships or onshore. Shipowners shall adopt policies for the protection of all crew members from harassment and bullying.”
Clearly, both international and Philippine laws protect our Filipino seafarers against discrimination on the basis of race, sex, gender, religion, or political opinion Treating darker-skinned seafarers differently from their white-skinned counterparts, without any valid reason, may constitute discrimination. This is especially concerning if such treatment involves disrespect, longer working hours, and reduced pay. Depending on the surrounding circumstances, the same may also be considered bullying or harassment against a Filipino seafarer, which is likewise expressly prohibited.
In the case of your father, we strongly recommend that he first resort to or avail of the grievance or complaint resolution mechanism instituted by his employer. Said grievance mechanism was mandated by Sections 15, 17, and 54 of the Magna Carta of Filipino Seafarers. He should coordinate with the management of the ship and express his grievances on the apparent discrimination committed against him and his fellow darker skinned seafarers. If the same is not resolved, then your father may file the appropriate civil, criminal, and/or administrative case against his employer, as well as his local manning agency.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
