The Philippines Department of Migrant Workers (DMW) has issued an advisory regarding the urgent rerouting of ships with Filipino crew in warlike and high-risk areas, emphasizing seafarers’ right to refuse sailing.
As explained, under Republic Act No. 11641 (Department of Migrant Workers Act), which mandates the protection and promotion of the welfare of Overseas Filipino Workers, and in light of recent armed attacks on vessels plying the Red Sea and Gulf of Aden affecting Filipino crew members, the Department of Migrant Workers (DMW) has reiterated its previous directives and issues the following, as of July 10, effective immediately:
Mandatory reporting
LMAs must submit the following to the Seabased Accreditation Bureau via [email protected]:
Names of principals/shipowners who have diverted vessels to safer routes
Names of Filipino seafarers who refused to sail
Names of seafarers who voluntarily continued the voyage after being informed of the risks and their rights
Prohibition on deployment to previously attacked ships
LMAs and their accredited principals/employers are strictly prohibited from deploying Filipino seafarers to any vessel that:
Was previously subjected to an attack
Is traversing or intends to traverse the same ITF/IBF-designated warlike and high-risk zones
Has been targeted by Houthi rebel forces and/or other armed groups
This prohibition applies regardless of whether the incident occurred in the past, is ongoing, or is foreseeable in the same designated zones.
Appointment of a Seafarers’ Welfare and Crisis Management Officer (SWACO)
All LMAs are hereby required to appoint a Seafarers’ Welfare and Crisis Management Officer (SWACO) who shall serve as the focal person for all maritime security and crisis-related matters. The SWACO shall be responsible, among others, for the following:
Coordinating with the Department, foreign principals, shipowners, port state control, and flag state authorities, and other relevant bodies during critical incidents
Monitoring critical incidents involving deployed ships/vessels and ensuring timely corrective actions and accurate reporting to the Department, in line with Section 1.5, Rule II of the Implementing Rules and Regulations of Republic Act No. 12021 (Magna Carta of Filipino Seafarers)
Assisting in the conduct of incident investigations
Ensuring compliance with maritime safety and security regulations and company protocols
Leading safety and crisis-awareness training programs for seafarers
The name and credentials of the appointed SWACO must be submitted to the Seabased Accreditation Bureau and Licensing and Regulation Bureau within five (5) days from the date of this issuance. The submission must include SWACO’s resume and an appointment letter signed by the LMA’s authorized officer.
The Department shall issue further guidelines regarding the qualifications and responsibilities of the SWACO.
Any violation of the foregoing directives shall be subject to appropriate sanctions under existing laws, rules, and regulations, including but not limited to the suspension or cancellation of the license.