Missing cadet: case under the Magna Carta of Filipino Seafarers?

THE family of a missing cadet was brought to the attention of pertinent government agencies primarily those mandated to implement Republic Act No. 12021 or the Magna Carta of Filipino Seafarers. The missing cadet embarked on his onboard training (OBT) on a foreign-flagged ship operating in international waters without enrolling with the school where he completed his three years theoretical and academic studies on a maritime education program.The MHEI was not informed of the cadet's joining the ship for OBT until the family sought the assistance of the school.With the approval and publication of the Implementing Rules and Regulations (IRR) of RA12021 the family counts on the promise of the law in safeguarding and protecting Filipino seafarers and cadets. However, a close reading of the law shows that only Chapter XVIII on maritime education and training is applicable to cadets; nothing on the rights of seafarers which are comprehensively detailed in the law apply to maritime students who are taking their OBT.RA12021 basically deals with conditions of work of seafarers, nothing is mentioned on the conditions of a cadet's stay onboard.In this writer's recollection, the initial version of the bill on the Magna Carta of Filipino Seafarers (MCFS) include provisions extending the rights and privileges to cadets very much similar to those granted to remunerated seafarers; there was no mention of maritime education and training arrangements among government agencies at that time as is now found in Chapter XVIII of RA12021. At that time the primary concern of the government was to fulfill the obligation as a signatory to the Maritime Labour Convention 2006 (MLC 2006) to transpose therequirements of the said international agreement into domestic legislation. The said original bill was therefore clearly focused on the implementation of MLC 2006.It is recalled that the Philippine Association of Maritime Institutions (PAMI) submitted its opposition to the inclusion of cadets in the proposed MCFS bill citing the adverse impact to the opportunity of Filipino cadets in securing cadetship berths in both domestic and international fleets. To entitle cadets to the same rights as those of full-pledged seafarers, even if such rights and privileges are watered down to the barest minimum, will discourage shipping companies from taking onboard Filipino cadets, obviously because of the added costs that will be incurred in taking on additional people onboard. It was at that time as now when slots for cadets were difficult to find; it is indeed a challenge faced by all seafaring countries.PAMI's position in opposing the inclusion of cadets in that original bill cited that MLC 2006 does not contemplate the inclusion of cadets. The seafarers groups, nonetheless, were unyielding in their position that cadets must be included in the law. The said groups were adamant in their position that there were shipping companies which take on cadets and grant allowances to them. PAMI articulated that such cases were limited and on a voluntary basis. PAMI put forward the concern aired by shipowners operating ships in domestic waters.The case of the missing cadet brings to mind that contentious provision of RA12021 which prohibits maritime higher education institutions (MHEIs) from collecting enrolment or matriculation fees from maritime students going on OBT on ships not owned by the MHEI.OBT is mandated by RA 12021 to be part of the curriculum for the seafaring programs: BS Marine Transportation (BSMT) and BS Marine Engineering (BSMarE). A student is considered as having submitted himself to the jurisdiction and confines of a school only upon enrolment.The payment of matriculation fees completes the student registration and entitles him/her to earn the necessary academic unit(s) attached to the subject he is enrolled in; OBT is one such academic subject. Student registration/enrolment is the tie that binds the student to the school.It is the basis by which the MHEI can monitor the progress of the student in his field of study and when undertaking his OBT.Being so, it is an indispensable possibility that as MHEIs are barred from collecting matriculation fees for OBT, they will not be able to admit maritime students for the said subject, unless some good-hearted benefactors will cover the cost. Again will the law allow such an arrangement? Will it matter if it is another entity not the student who will pay the registration cost? Or maybe the government can provide a voucher-type of arrangement similar to the Senior high school scheme. Nonetheless, the dilemma remains: MHEIs cannot bankroll the cost of the OBT and the cadets cannot, without enrolling with the MHEI, earn the needed academic units even if they are able to secure a cadetship berth directly with shipping companies.For the archipelago, the most relevant questions which the government must consider are: Will RA 12021 be able to respond to the urgent global demand for more shipboard manpower? Will RA 12021 raise the competence and qualification levels of Filipino seafarers?