the international seafarers' action! journal

8/13/2019 The International Seafarers' Action! Journal

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Volume 1 Quarter 1 July - September 2013 Manila, Philippines

Asbestos and cancer:

is there any link?Read the story on p. 6

ISAC calls for MLC 06

implementation

Photo courtesy of theInternational Labour

Organisation (ILO)

See story on page 2

Chronic

Fatigue

Syndrome:

know the

danger.

5

Photo courtesy of MedicineNet.com.


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The International Seafarers ACTION! Journal Vol. 1 Q1 July to September 2013 2

Article IV of the MLC 2006 entitles all sea-farers to: a safe and secure workplace thatcomplies with safety standards; fair terms ofemployment; decent working and living condi-tions on board; health protection, medical care,welfare measures and other forms of socialprotection.

Article III will help to ensure that seafar-ers fundamental rights are protected namely: freedom of association and the eliminationof forced labor, child labor and discrimination.The Filipino seafarers comprising a third of theglobal crew, will denitely benet from this newconvention.

ISAC challenges the Philippine government toimplement MLC 2006 by repealing inconsistentlaws and policies, and safeguarding the rightsof seafarers.

Among the priority reforms that ISAC isadvocating for is an amended POEA Standard

Employment Contract for seafarers that isconsistent with the MLC 2006. The very strict

ISAC calls for the implementation of ILO Maritime

Labour Convention 2006

With the coming into law of the ILOMaritime Labour Convention 2006(MLC

2006) last August 20, 2013, the In-ternational Seafarers Action Center(ISAC) Philippines calls on the govern-ment to implement it and tho shipown-ers and manning agents, to respect thenew convention. Designed to codifythe labor conventions protecting sea-farers, the MLC 2006 affords detailedrules to safeguard the rights of seafar-ers and offers effective remedies todefend these rights.

and narrow provisions of the POEA SEC on thebenets and compensation of injured and sickseafarers must be expanded to the MLC 2006standard. The provisions in the POEA SEC forjoining trade unions or doing concerted laboractions must be expunged from the contractas blatant violation of the freedom of associa-tion, a fundamental and core right under the

ILO and the MLC 2006. The discrimination inthe POEA SEC against seafarers with Sexually

Edwin Dela Cruz, ISAC PresidentANALYSIS Transmitted Disease including HIV-AIDS mustbe removed for being inconsistent with MLC2006 and Philippine laws.

Most importantly, the executive must certifyas urgent to Congress a genuinely pro seafarer

Magna Carta that protects both internationaland domestic seafarers in accordance with theMLC 2006.

ISAC calls on the Filipino seafarers to knowtheir rights under the MLC 2006 and to ght anddefend these rights by demanding immediateimplementation of this new convention by theGovernment, the Shipowners and the ManningAgents. Ratifying the MLC 2006 into law is onlythe rst step. Fighting for its implementationhere and across the seas, is our urgent task.

ISAC calls on the Filipino seafarers to know

their rights under the MLC 2006 and to ght

and defend these rights by demanding imme-

diate implementation of this new conventionby the Government, the Shipowners and the

Manning Agents. Ratifying the MLC 2006

into law is only the rst step. Fighting for its

implementation here and across the seas, is

our urgent task.

What is Maritime Labor Conven-

tion of 2006?The Maritime Labour Convention, 2006 or

MLC, 2006 is an international labour Conven-

tion adopted by the International Labour Organi-

zation (ILO). It provides international standards

for the worlds rst genuinely global industry.

Widely known as the seafarers bill of rights,

the MLC, 2006 was adopted by government, em-

ployer and workers representatives at a special

ILO International Labour Conference in Febru-

ary 2006.

It is unique in that it aims both to achieve de-

cent work for seafarers and to secure economic

interests through fair competition for quality ship

owners.

The would-be mariners are the ones who would benet more from the proper implementation of MLC 2006. (ISAC le photo)


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Ano nga bapagkatapos

ng MLC 2006?NOONG AGOSTO nagkabisa ang pinakaaasam-asam ng

mga marinong Pilipino na Maritime Labor Convention

(MLC) of 2006. Bilang pagtugon ng gobyerno, lumagda si

Sekretaryo Rosalinda Dimapilis-Baldoz ng ilang kautusan

para maprotektahan diumano ang karapatan at masiguro

ang kaligtasan ng marinong nakasakay sa tinatawag nat-

ing Philippine Flag. Ngunit duda pa rin ang ilan nating

kababayan na mapangangatawanan nga ng gobyerno ang

pagprotekta sa ating mga marinong naglalakbay sa pitong

karagatan ng daigdig na limpak-limpak na salapi ang am-bag sa ating pambansang ekonomiya.

***

Magpahanggang ngayon, mga kababayan, nananatili pa rin

ang pag-abuso sa karapatan at kapakanan ng ating mga mag-

daragat. Patunay nito ang daan-daang mga kasong nakasampa

ngayon sa ibat ibang rehiyunal at pambansang tanggapan ng

National Labor Relations Commission, at maging ng iba pang

korte na humahawak ng mga kasong may kinalaman sa pag-

gawa (labor-related cases).

Kung hindi man nagogoyo sa punto ng suweldo at mga

benepisyo, pagkakasakit sa trabaho, aksidente, ilegal na pag-

tanggal sa trabaho at contract substitution ang karaniwang

inihaharap na kaso ng ating mga marino.

Masalimuot ang takbo ng kaso at pagkaminsan pa, ang mga

kasong nananaloy natatalo pa kapag inapela ng kalabang

kumpanya. Ang masakit pa rito, umaalingasaw ang isyu ng

katiwalian diumano sa mga ahensiyang dapat ay nagtatanggol

sa karapatan at kapakanan ng mga marino.

***

Sa pagkakalikha ng MLC, nagkaroon ng malaking pag-asa

ang mga marino na siyang pinakabuhay ng pandaigdigang

industriyang pangmaritima at pangkalakalan. Sa wakas, anila,

makatitiyak sila na mapananagot ang sinumang magsasaman-

tala sa kanilang lakas-paggawa na matagal na namang pinag-

papasasaan ng ilang abusadong negosyanteng nakikinabang sa

bilyun-bilyong dolyar na hatid ng industriya ng pagbabarko.

Gayunman, masasabi nating aandap-andap pa rin ang pag-

asa ng ating mga magdaragat sapagkat wala pang kongkretonghakbangmaliban sa ilang mandamyentong pinirmahan nga

ng Department of Labor and Employment (DOLE)para

matiyak na walang sinumang Pilipinong marino ang darayain sa

kanilang suweldo, pagmamaramutan ng benepisyo, at uuwing

baldado at maysakit sa panahong nagtatrabaho sila.

Naririyan pa rin ang mga butas sa Standard Employment

Contract (SEC) ng Philippine Overseas Employment Ad-

ministration (POEA) na sinasabi ng seamen na mas pabor sa

kapital kaysa paggawa; ang mabagal na pagproseso sa mga

kasong may kinalaman sa paggawa; at ang paggamit ng ags-

of-convenience na nagbibigay ng puwang sa pag-abuso sa

karapatan sa paggawa ng mga marinong Pilipino.

Harinawang mapanindigan ng ating gobyerno ang pan-

gako nito na ipatutupad maging ang kaliit-liitang detalye ng

makasaysayang MLC. Nadadala na kasi ang obrerong Pilipino

sa nagbabagang mga pangako ng gobyerno na nakapapaso at

kalaunan, abo na lamang na sumasama sa hangin ang paninin-

digan nitong ipagtatanggol ang karapatan ng mga kakaning-itik

sa bayan natin.

EDITORIALWatchfulness

EDITORIAL BOARD

Atty. Edwin S. de la Cruz

EDITOR IN CHIEF

Noel Sales Barcelona

MANAGING EDITOR

Capt. Anthony Dan Ogbinar

Jeremy O. Cajiuat

Cristina Clemente-Tiozon

Atty. Minerva Lopez

EDITORIAL BOARD MEMBERS

Atty. Joseph T. Entero

ASSOCIATE EDITOR

Li-Ann Orencia, MD

Rachel Anne Jae Maligalig

Mark Nelson San Luis

Sheila Marie MacatiagCORRESPONDENTS

The International Seafarers ACTION! Journal is published quarterly

by the Information and Publications Committee of the International

Seafarers Action Center (ISAC) Phils. Foundation, Inc., with editorial

and business ofces at the 6/F Suite 602 Fil-Garcia Tower 140 Kalayaan

Ave. cor. Mayaman St. Diliman, Quezon City, Philippines. Tel Nos. (632)

920-74-33; (632) 9207481 (632); 924-05-26; Fax No.(632) 9207476.

Mobile: +639228839875/+639175606684 Email: [email protected]

While we commend that Labor Department

for issuing a series of Department Orders in

line of the implementation of this important

labor instrument, we think it is not enough

unless it could present the seafarers a

complete and comprehensive blueprint on

how the Philippine Government would

execute the provisions of the MLC.

It cannot be helped but doubt the sincerity

of this Government since it has failed the

Filipino people so many times when it comes

to implementing programs which promote

social justice and equal opportunity to its

people. With the much delays in amending

and adopting the MLC, the Filipino mariners

are expecting no relief, unless the government

prove them wrong.

On the the other hand, it is the Filipino

seafarers duty and responsibility to ensure

that their rights are upheld, their interests are

protected, and that their families are well taken

care of. Only by means of collective action that

we would shape a better future for us and for thenation as a whole.

ASTHEYSAY...

Nothing is what it used to be, and that also applies to workers, the workplace and work in general.

There are two nascent but important trends in the world of work that could be destabilising if not prop-

erly addressed: the polarization of the workforce, and the decline of the standard employment contract.

Roy Chacko, Senior Advisor at the ILOs Bureau for Employers Activities (ACT/EMP).

Chapter VI Human Work, ss 281, Compendium of the Social Doctrines of the Church

MLC 2006: setting new directions

PhotoofthecompassiscourtesyofProjectGutenberg.

The International Seafarers ACTION! Journal Vol. 1 Q1July to September 20133

Just like at sea, the Filipino seafarers

should not be complacent. While the

Maritime Labor Convention (MLC) of

2006 had entered into force last August, a

watchful eye is needed in order to ensure

that it would be implemented strictly andthat the violators are held accountable in

the full strength of the law.

***The relationship between labour and capital also nds expression when workers participate in

ownership, management and prots.


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Asbestos and cancer:whats the link?

Asbestos is the term used to identify mineral bers which nat-urally occurs in the environment. Heat, re and chemical resistant,not to mention it is no conducting capabilities, asbestos has beenthe most common mineral to use in industries. While this super-ber had been a blessing, but allegedly, it has also a curse: can-cer.

In the past hundreds of years, asbestos had grownpopularity as insulators, especially in the shippingindustry. According to the paper written by

Heather A. Grifth, instructor in maritime operationsat the Centre for Maritime Studies of the University ofTrinidad and Tobago in 2008, asbestos is often use toinsulate boilers, steam pipes, and hot water pipes aswell as the main ingredient is making ceiling and oor

tiles, paints, coatings, adhesives, and even plastics.However, this super-ber poses an enormous health

risk to those who are exposed to it.

Asbestos can cause cancer?The United States Health Departments National

Cancer Institute admits that exposure to asbestosmay increase of contracting asbestosis, which causesscarring and inammation of the lungs, which accord-ing to experts could lead to serious health problemslike cancer.

Collegium Ramazzini, an international academicsociety that examines and evaluates critical publichealth issues in occupational and environmental healthin an editoria published in 2010 at the Journal of Oc-cupational Health Medicine (Volume 60, pages 584

588) said [a]ll forms of asbestos cause malignantmesothelioma, lung and laryngeal cancers and may

cause ovarian, gastrointestinal and other cancers.Malignant mesothelioma remains a serious health

problem for two reasons. Firstly, mesothelioma caseburden is very relevant in various countries, and,second, the results of the therapies are very poor,says Claudio Bianchi and Tommaso Bianchi in theirarticle that appeared in the Industrial Health Journalin 2007.

Millions are exposedAnnually, there are about 125 million people are

exposed to asbestos in their workplace. In the UnitedStates alone, says an article which appeared in theScience Daily in June 30, 2010, there are about 20million people exposed to asbestos and are at risk ofdeveloping mesothelioma.

The same article also states that the combination oftobacco smoking and asbestos exposure makes theprobability of contracting lung cancer higher.

What made the claims rm about asbestos exposureand contracting the dreaded cancer were the declara-tions of the US Environmental Protection Agency, theInternational Agency for Research on Cancer of theWorld Health Organization and the National ToxicologyProgram, 20 years ago.

However, until now, mesothelioma is considered arare type of cancer. Bianchi and Bianchi (2007) saidthat while highest incidence rates are reported from,

or estimated for, Australia, Belgium, and the Great Brit-ain, the annual incidence rate in the aforementioned

countries is only 30 per 1,000,000 people.

Other chemicals in ships could cause cancer tooBut it is not only asbestos should be in the cancer-

causing agents list. Grifth, in her paper, revealedthat exposure to chemicals such as arsenic, benzene,beryllium, cadmium, chromium, and lead can also tocancer.People working or living near beryllium industries

have the greatest potential for exposure to beryllium.Lung damage has been observed in people exposedto high levels of beryllium in the air. About 1-15%of all people occupationally exposed to beryllium inair become sensitive to beryllium and may developchronic beryllium disease (CBD), an irreversible andsometimes fatal scarring of the lungs. CBD may becompletely asymptomatic or begin with coughing,chest pain, shortness of breath, weakness, and/or

fatigue, said Grifth.

Noel Sales Barcelona

Malignant mesothelioma

remains a serious health

problem for two reasons.

Firstly, mesothelioma case

burden is very relevant in

various countries, and, second,

the results of the therapies

are very poor, says Claudio

Bianchi and Tommaso

Bianchi in their article that

appeared in the Industrial

Health Journal in 2007.

Continued on next page

Workers removing asbestos plaster

from a ceiling. (Photo courtesy by TheGovernment of Connecticut.)

The International Seafarers ACTION! Journal Vol. 1 Q1 4July to September 2013


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carried out by the organisation ashore using IT fa-cilities.

Setting up the framework for a Fatigue Man-agement Tool/ Programme.

Unfortunately, these measures are often over-looked or simply ignored, says the ITF.

Unfortunately, however, far too many ag statesand shipping companies have ignored these negative

From the previous page.

6July to September 2013The International Seafarers ACTION! Journal Vol. 1 Q1

Piracy is still an issue in the Horn of Africa, one of the most important waterways in the world. (Photo Courtesy of Stolenseas.com)

pressures on the seafarer and determine manninglevels based on competitive considerations, reads astatement issued by ITF Seafarers Section AssistantSecretary John Bainbridge in 2007.

Nevertheless, the campaign in reducing stressand fatigue on board ships continues and the stake-holders, particularly the seafarers themselves, arehoping that work-related fatigue would be diminished,if not completely eliminated.

PH, US hold anti-piracy seminar for Filipino seafarers

In a press release posted in the US Embassy inManila website, it says that the workshop aims tostrengthen the cooperation between the Asean na-tions in emphasizing the importance of educationto safeguard the welfare of seafarers.It also aimed to provide vital information to

strengthen the capacity of seafarers against pi-racy, it furthered.

More Filipinos at risk to pirate attacks

With more than 25 percent of seafarers are Fili-

pinos, they are the ones who are highly at risk ofbeing kidnapped and held hostage by pirates.According to Foreign Affairs Secretary, in his

speech delievered before the delegates of the 3 rdHigh Level Public-Private Counter-Piracy Confer-ence in Dubai, United Arab Emirates since 2006,there are about 826 Filipinos who have beenhostages by the Somali pirates, with ve remain incaptivity.

Del Rosario, on same speech said, every timethat there is a pirate attack, it could include one (1)Filipino as victim.

A lucrative business backed by terrorists?

While it all started as a way to tax foreign ves-sels which dump toxic wastes along the waters andshorelines of the government-less Somalia, piracyhad become a lucrative business among warlordsand local politicians there.

In a report from BBC i t says that the pirates hadraked more than US$400 million (295,495,116.03/248,089,511.83) between 2005 to 2012. But itwas not the ones who are going out to arrest aship who take away the bulk of the ransomit wasthe operators or the ones who nance the piracyoperations.

While the money are spent in weapons and acqur-ing manpower to operate, the money are also spenton alcohol, khat (a kind of narcotic), and prosti-tutes, says The Pirate Trail, a special report on the

how the money from piracy are being spent andcirculated.

In the latest CNN report about piracy, it says thatthe piracy business in the Horn of Africa was backedby the alleged terrorist group, Al-Qaida through themilitant Al-Shabaab.

Watchfulness still needed to control pirate

attacks

Meanwhile, the International Seafarers ActionCenter (ISAC), a local non-governmental organiza-tion (NGO) that works closely with some victimsof piracy in the Horn of Africa said that the worldgovernments should keep an eye on the situation to

keep the situation under control.We must not be complacent about the issue eventhough that the number of [pirate] attacks hadbeen reduced. We still need to address the prob-lem that Somalia and the neighboring nations thatsupply foot soldiers to piracy groups are facing:environmental depledation and degradation, andpoverty, which we believe, had pulled the triggerof wide-scale piracy, says Attorney Edwin S. de laCruz, ISAC president.

ISAC was one of the NGOs and institutions thatasked for the United Nations intervention to the pi-racy issue, especially in investigating the root causeof the menace more than ve years ago.

De la Cruz also urges the Philippine governmentto provide psycho-social and economic assistance tothe survivors of kidnappings in the Horn of Africa.

MANILA, September 25, 2013 (Ma-nila Time)With Filipinos being vic-tims of piracy in the Horn of Africa,the Government of the Republic ofthe Philippines (GPH) and the UnitedStates (US) had co-chaired the recent-

ly concluded expanded Associationof Southeast Asian Nations (Asean)seafarers training against piracy.


This journal was made pos-

sible through the grant from the

International Transport Workers

Federation - The Seafarers Trust.


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7 July to September 2013 The International Seafarers ACTION! Journal Vol. 1 Q1

According to news reports, the Filipinos whowere injured were Restituto S. Manlapz, 54, andJaime Patawaran.

MV Kurobe was enroute to Singapore fromAbu Dhabi when the explosion happened.

In response to a distress call from thevessel Friday, the Coast Guard co-ordinated therelief and rescue operations with Maritime RescueCoordination Centre, Mumbai. The vessel alsoaltered her course towards Mumbai to facilitatea medical evacuation, said a report from theIndia News TV.

Collision: primary accident at the sea

The sea has always been a potentially haz-ardous and dangerous working environment. Yet,ship operators today have new factors and newpressures to contend with. The structure of theglobal marketplace requires that goods and ma-terials be delivered not only to the geographicallocation where they are required but also withina very precise timeframe. Today, goods in transitare carefully factored-in to the supply chain and,as a result, the transportation industry whichembraces both shipping and ports has becomea key component of a manufacturing sector whichsets its store by providing a complete door-to-door service, says the International Maritime

Organization in its International ShippingFacts and Figures Information Resourceson Trade, Safety, Security, Environmentpublished on March 2012.

It is said that collisions and groundings werethe major causes of accidents at sea.

In a paper authored by Acar et al., which waspublished around 2009 or 2010 by the MariFuture,an institution created through the partnership ofmaritime education institutions, industrial stake-holders, and decision makers from across Europe,it said that collusions and groundings consist 85per cent of all accidents at sea.

The study also revealed that 80 per cent ofthe accidents are caused by human error.

The research shows that mistakes are usu-ally made not because of decient or inadequate

How safe maritime work really is?

Two Filipino

seamen injured

in Arabian seaaccident

MANILA, September 28, 2013In-deed seafaring is one of the dangerous

jobs in the world as two (2) Filipinoseamen were injured when the Panama-nian ship, MV Kurobe had exploded inArabian sea, 400 nautical miles off thecoast of Mumbai in India.

regulations, but because the regulations andstandards, that do exist, are often ignored, says

Acar et al. referring to the IMOs paper publishedsome time in 2005.

The maritime industry experts also assertedthat deciencies in maritime education and train-ing (MET) of seafarers or disregard for currentstandards and regulations contribute so much inmaritime accidents.

Flags-of-convenience also to blame

However, the use of the ags-of-conveniece(FOCs) is also a contributing factor to maritimeaccidents and labor-related injuries while work-ing at sea.

The International Transport Workers Fed-eration (ITF), one of the oldest, widest, andmost inuential labor organization in the world,explained that by registering a ship outside itscountry of ownership, it means that shipownersdo not have to abide by national laws governingwages, working conditions or workers rights.

Registering a ship outside its country ofownership means that shipowners do not have to

abide by national laws governing wages, workingconditions or workers rights, the ITF said in itsyer about FOCs published last year.

What is the cost of maritime accidents?

Aside from the death or injury of the crew,maritime accidents also have a negative impacton the global economy.

As a consequence, safety and efciencyhave now, more than ever before, become twosides of the same coin: accidents are not onlyundesirable outcomes in themselves; they alsohave a negative impact on the supply chain thatis at the heart of the global economy, says the

IMO.Fortunately, accidents involving international


The International Transport

Workers Federation (ITF), one of

the oldest, widest, and most infu-

ential labor organizations in the

world, explained that by register-

ing a ship outside its country of

ownership, it means that ship-

owners do not have to abide by

national laws governing wages,

working conditions or workers

rights.

eets, according to statistics are in steep declinein the past few years. The Lloyds Register statedthat in 2010 only one (1) ship per every 670 hasbeen involved in an accident.

Safety [in ships] has improved through acombination of technology, cultural and train-

ing improvements, and regulations, as well asthrough new construction and design techniques,stated the Allianz Global Corporate and Specialty,an insurer of cargoes and ships.

Additionally, past exper ience demon-strates that major accidents have often beenthe catalysts for key changes: for example,the International Convention for the Safetyof Life at Sea (SOLAS) of 1914 was spurredon by the loss of the Titanic. A similar impactcan be expected from the Costa Concordiaincident just as we have previously seenwith the Herald of Free Enterprise (1987), theExxon Valdez (1989), and the Estonia (1994)losses, which drove the creation of Safety

Management Systems under the ISM Code,it added.

MV Kurobe (Photo from the Internet)


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THE INTERNATIONAL SEAFARERS ACTION (ISAC) Philippines Foundation, is Philip-

pine Government-recognized non-stock and non-prot service organization for sea-

farers, founded 2003. For more than a decade, it has served as the vanguard of the

Filipino seafarers rights and welfare.

ISAC: Filipino seafarers companion and helper

Everybody knows that the life of a

seafarer is not an easy one. Spending most

of his time at sea, away from his family,

he could be exposed to different abuses

and harshest conditions while performing

his or her work in different eets, sailingthe worlds seven (7) seas. While many

would think that they are truly blessed with

economic blessings due to relative high

salaries compared to their land-based coun-

terparts, it is said that the work of a mariner

is not without dangers.

For many years, ISAC had been the

witness of the predicaments of the Fili-

pino and Filipina mariners. Some of them

were duped in terms of salaries and other

compensation; some of them became sick

and died due to work-related illnesses and

accidents; some of them had become the

victim of the escalating crimes at high seas

like piracy in the Gulf of Aden; and some

of them had been illegaly discharged from

duties.

ISAC believes that empowering a sea-

farer through correct and adequate rights

education, and by teaching them how to

stand for their innate rights as workers,

could help them achieve their dreams of a

safe work environment and a decent life for

them and their families.

Since 2003, the organization had been

offering the following services for our sea-

farers:

Legal and paralegal assistance

Medical assistance

Pre-departure Orientation Seminars

Welfare assistance

Issue information and advocacy

Policy studies and legislature lobbying

Empowerment and capability-building

Now, ISAC is wielding a strong campaign

for Decent Work for Seafarers.

Whilst we are doing this for many years

now, we could not do it alone. We need your

help for us to further the services that we areoffering to our compatriots.

For pledges, please con-

tact the ISAC Headquar-

ters in Manila at phone no.

+ 63 2 920 74 33 or email

us at [email protected].

Visit our website: http://

www.isac.org.ph/

ISACFilePhoto/RAJMaligalig

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