A SUPER CONVENTION FOR SEAFARERS Making waves: Pinoy
Transcription
A SUPER CONVENTION FOR SEAFARERS Making waves: Pinoy
PHILIPPINE SEAFARERS ASSISTANCE PROGRAMME, ROTTERDAM NO: 127 PSAP-PAROLA in 2006: 25 years of dedicated advocacy and service Inside . . . Making waves: Pinoy Captain hailed in Australia A Holy Week Millionaire Seafarers’ phone sex and remittances Poetic licence: Commentary on the current political situation January - April 2006 Seafarers’ Bill of Rights A SUPER CONVENTION FOR SEAFARERS GENEVA, 23 Feb 2006 – The International Labour Organization overwhelmingly adopted a comprehensive new labour standard for the world’s maritime sector, in what ILO Director-General Juan Somavia called a landmark development in the world of work. The new Maritime Labour Convention 2006 was adopted by a vote of 314 for, with no votes against and four abstentions at the 94th International Labour Conference (Maritime). The vote marked overwhelming support by delegates from more than 100 countries representing seafarers, ship owners and governments. “We have made maritime labour history today”, Mr. Somavia said. “We have adopted a Convention that spans continents and oceans, providing a comprehensive labour charter for the world’s 1.2 million or more seafarers and addressing the evolving realities and needs of a sector that handles 90 per cent of the world’s trade.” “What’s more, we have established a socio-economic floor to global competition in the maritime sector”, Mr. Somavia said. “This initiative can also provide the impetus and support for similarly innovative and balanced approaches to addressing the need to make globalization fair in other sectors of the world of work.” The new Convention sets out, in plain language, a seafarers’ “bill of rights” while allowing a sufficient degree of national discretion to deliver those rights with transparency and accountability. Its provisions will help to meet the demand for “quality shipping”. The Convention will apply to all ships cont’d next page Fired?Here’s some legal advice Pinoy seaman’s act of kindness in Nigeria Memories of Pinay cruise ship workers Parola no.127 - January - April 2006 - Page engaged in commercial activities, with the exception of fishing vessels and traditional ships, such as dhows and junks. Minimum requirements for decent work in the maritime industry The new Convention is designed to encourage compliance by operators and owners of ships and strengthen enforcement of standards at all levels, including provisions for onboard and onshore complaint procedures for seafarers regarding the shipowners’ and shipmasters’ supervision of conditions on their ships, the flag States’ jurisdiction and control over their ships. The Convention sets minimum requirements for seafarers to work on a ship and contains provisions on conditions of employment, hours of work and rest, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection. Among the novel features of the Convention are its form and structure with legally binding standards accompanied by directions given by guidelines. Most importantly, it sets out a system for the certification of seafarers’ labour conditions. Under the new Convention, ships that are larger than 500 GT and engaged in international voyages will be required to carry a “Maritime Labour Certificate” and a “Declaration of Maritime Labour Compliance”. The Declaration sets out shipowners’ plans for ensuring that applicable national laws, regulations or other measures required to implement the Convention are complied with on an ongoing basis. Shipmasters will then be responsible for carrying out the ship-owners’ stated plans and keeping proper records to provide evidence of compliance with the Convention. The flag State will review the shipowners’ plans and verify and certify that they are in place and being implemented. This will put pressure on shipowners that disregard the law, but will remove pressure from those that comply. The new Convention consolidates and updates 68 existing ILO maritime Conventions and Recommendations adopted since 1920. The Convention received strong support from representatives of the ILO’s tripartite social partners. Brian Orrell, the Seafarer VicePresident of the Conference from the United Kingdom said “We believe that the agreement we have concluded will make a significant contribution to ensuring decent work at sea and making a real difference to the lives and life chances of many of the world’s seafarers.” Mr. Dierk Lindemann of Germany, the Conference Vice-President for the Shipowners said “it may have seemed a long road, but we have got to the end of it and we have made history. We now have a single maritime labour standards Convention embracing virtually all we need in order to establish a uniform and acceptable regime for the world’s seafarers.” Mr. Bruce Carlton of the US, who chaired the Committee of the Whole said “This Convention is unique in that it has teeth. What is fundamentally different about this Convention is that it is about quality shipping. Beyond improving the working conditions of seafarers, it is also about further marginalizing the bad shipowners who end up costing the entire industry. This is a very sound economic benefit for the entire industry”. Mr. Somavia said in conclusion that the Convention marked a new departure in the pursuit of a fair globalization by making “the rules of the game fair for everybody. At the Parola no.127 - January - April 2006 - Page same time, the market should have the necessary space to perform its key functions for the economy and for society. In the search for solutions it has become more and more evident that there can be no lasting success with purely national solutions to global problems”. The next step will be the widespread ratification of the Convention so that it becomes the “fourth pillar” of international maritime regulatory regime, at the side of the three key IMO Conventions, namely SOLAS, STCW, and MARPOL.The Convention will come into force after it has been ratified by 30 ILO member States with a total share of at least 33 per cent of world gross tonnage. (ILO news) EDITORIAL 2006 2006 marks the 25th jubillee year of the Philippine Seafarers Assistance Programme, PAROLA’s publisher. For a quarter of a century now, PSAP/PAROLA has advocated the rights and welfare of Filipino seafarers everwhere, giving them a virtual home and a focal point in Rotterdam, and giving them a voice in local, regional, and international fora where their interests and values are at stake. PSAP welcomes its 25th anniversary year with much enthusiasm, more so on account of PSAP’s election to the Presidium of the International Committee on Seafarers Welfare. 2006 is a particularly auspicious year because it marks the adoption of the ILO Convention on Maritime Labour. This historic international treaty, adopted last February 23, has been rightly described as the “bill of rights” or the “magna carta” for seafarers. It establishes the decent work agenda for seafarers and deals comprehensively with pre-employment, employment, and post-employment issues facing seafarers. The Convention also lays down new responsibilities for governments of “labour supply countries” like the Philippines. 2006, therefore, opens up a new era for seafarers. The campaign to have the new Convention widely ratified has begun. It is in the interest of all maritime stakeholders to have this international agreement come into force as quickly as possible. For seafarers in general, they shall be observing how governments and shipowners will follow through with their commitments under the Convention. For Filipino seafares in particular, they will keenly await their government response to the challenge of implementing the Convention provisions. The immediate test of the Philippine government’s resolve to meaningfully enforce the Convention will its soonest ratification of the Convention. Filipino seafarers also look forward to the clarification and adjustment of their POEA contracts according to the decent work standards set forth under the Convention. As part of its annversary celebrations, PSAP is only too glad to join the global information campaign to promote the new Convention. Here lies a rare opportunity to truly humanize globalization, a precious gift of the international seafaring community to all humanity. Parola no.127 - January - April 2006 - Page SHIPPING NEWS MARITIME NEWS Bow Mariner’s master and operator slammed Channel Collision Greek-based ship manager Ceres Hellenic has been criticised by a US Coast Guard report re the sinking of the Singapore-flag, 39,821dwt chemical tanker Bow Mariner in February 2004 with the loss of 21 lives out of a total crew of 27. The report blames the master, who died in accident, for ordering the venting of vapour-filled tanks which led to two catastrophic explosions. The master is also blamed for a shambolic response to the emergency which demonstrated a lack of preparedness and cost the lives of most of the crew. An oil tanker and a dry cargo ship were involved in a collision off Boulogne with the latter being towed into the French port. The report states: “Contributing to this casualty was the failure of the operator, Ceres Hellenic Enterprises, Ltd., and the senior officers of the Bow Mariner, to properly implement the company and vessel SQEMS (Safety, Quality and Environmental Management System).” Among its many critical findings the Coast Guard report found that the 24 Filipino officers and ratings lived in fear of the three senior Greek officers, the master, mate and chief engineer. (MGN, 4 Jan 2006) 16 seafarers in sea mishap return to RP Ambassador Victoria Bataclan of the Philippine Embassy in Sweden informed the DFA that sixteen Filipino seafarers survived a shipping mishap when their Danish flag cargo ship M/V Vertigo was involved in a collision in the Great Belt off the coast of Agersoe, Denmark on December 7, 2005. “The vessel sank within one hour after the collision. All the 16 Filipino crewmembers are safe,” Bataclan said. The travel documents for their return to the Philippines have been issued. (Ebalita, 9 Dec 2005) The vessels involved were the Norwegian cargo vessel Starhurdla and the 35,159 dwt Marshall Islands-registered chemical tanker Cape Bradley. A emergency towing vessel went to the assistance of the Starhurdla which was reported to be taking on water. The Cape Bradley, operated by Columbia Shipmanagement, continued its voyage to Rotterdam. (MGN, 13 Jan 2006) Crew held on murder charge The captain and three members of the crew of the bulker African Kalahari have been charged with murder in a Durban court, South Africa. The charges arise from the death by drowning of two Tanzanian stowaways who were thrown overboard. Another five stowaways, who boarded the ship in Mombasa and managed to remain hidden until shortly before the vessel sailed from Durban, were also thrown overboard but managed to swim to safety and alert the authorities. Appearing in court were the Polish captain and three Ukrainian seafarers, who faced two counts of murder and five counts of attempted murder. The ship has been detained in port (i-Fairplay, 9 Jan 2006) DOLE mulls plan to increase maritime officers To increase the Filipino seafarers’ chances of getting some 35,000 jobs for maritime officers demanded by the international market in the next 10 years, Labour Secretary Patricia Sto. Tomas said a program is being prepared that will allow graduates of other courses, such as mechanical or electrical engineering, to “shift and become marine officers”. She said the Commission on Higher Education, the Technical Education and Skills Development Authority, and the Professional Regulation Commission are coordinating toward this effort. (PDI, 7 Jan 2006) Filipino seaman safe after collision Al-Salam Boccaccio 98, Egyptian ferry that sank in the Red Sea with some 1400 passengers (Photo: Y. Perchoc, BBC 3 Feb 2006) Parola no.127 - January - April 2006 - Page The Malaysian freighter that collided with a South Korean fishing boat off South Korea had only one Filipino seaman on board and he is safe, said deputy POEA administrator Ramon Tionloc. over five months detained by Somali pirates on an island off southern Somalia. The three vessels were en route to the southern city of Kismayo to collect their annual fishing licenses when they were boarded and commandeered for fishing “illegally” in Somali waters. The crewmembers told their stories of the malnourishment and the torture which ensued for nearly half a year. The Filipino seafarers often acted as translators, furthering the negotiation process between the pirates, the ships owner, and Taiwan’s Ministry of Foreign Affairs due to their superior grasp of the English language. (Mla Times, 9 Feb 2006) Storm sinks cargo ship in Italy (Photo: BBC, 4 Dec 2005) Six Filipino seamen rescued off UK Channel Tionloc said almost all the South Korean fishermen of the sunken fishing vessel 97 Handong remain missing, prompting the Korean maritime police to detain the Malaysian vessel. (PDI, Six Filipino seamen have been rescued in international waters off the UK Channel Islands after their Marshall Islands-registered tanker the “ECE” collided with an unidentified vessel on January 31. Massive fine for MSC boxship One of the six Filipinos informed the Philippine embassy in London that they “are all accounted for, in good condition, and taken care of at the St. Margaret’s Lodge in the UK Channel Island of Guernsey.” The six Filipinos were among the 22 survivors. 3 Dec 2005) A court in Brest, France this week ordered a euro350,000 ($412,000) fine against the master and owner of the Panamaflagged container vessel MSC Rhone for deliberate pollution off the French Atlantic coast in September 2004. Some 90% of the fine will be paid by the vessel’s owner, Technomar Shipping of Athens, the balance being borne by the Russian master, Girman Shirokov. On 21 September 2004, the 29,200-dwt, 1,830-TEU MSC Rhone was seen by a French Navy aircraft with a 30km-long oil slick in its wake as the ship was sailing about 250km off Brittany’s Penmarc’h point, on a voyage from Antwerp to Istanbul. (iFairplay, 25 Nov 2006) Navy goes to the rescue The Naval Forces Western Mindanao (NFWM) rescued 28 Thai sailors stranded for 12 days after their cargo ship, loaded with fertilizer, ran aground near Cagayan de Tawi-Tawi, known as Mapun Island. The M/V Thor Traveller, a cargo boat that left its port of origin in Thailand last Feb. 2, was on its way to Lahad Datu, Malaysia when it encountered an accident. The rescue mission of the illfated cargo boat yielded positive result after 10 days of search that went as far as the international treaty limits off Fearless Shoal down to Malugi patches. The six Filipinos were listed as: Charlie A. Alvarico; Oliver Musca; Danilo Villa; Marcel M. Manalastas; Lydio Morgia; and Anter Saligumba. (PhilStar, 2 Feb 2006) US Court Jails Chief Engineer A US court has sentenced the former chief engineer of the 7,326 gt Panamanian-flag reefer vessel Magellan Phoenix, now the Saronic Wave, to one year jail and three years probation for falsifying records that attempted to conceal repeated overboard discharges of oil waste from his ship. According to a US Justice Department statement Noel Abrogar pleaded guilty to violating the Act to Prevent Pollution from Ships, based on his role in discharging oil sludge and oilcontaminated bilge waste directly into the ocean and then falsifying the ship’s records to cover up the discharges between December 2004 and March 2005. (MGN, 12 Jan 2006) Only in December, Navy men rescued at least 75 people, including children and women, after their motor launch malfunctioned in the rough waters of the Sulu Sea. The vessel, Jolo, Sulu and was en route to Zamboanga City when one of its propeller blades broke. (PhilStar, 17 Feb 2006; 18 Dec 2005) Seized Filipino seafarers released The 12 Filipino crewmembers aboard the Taiwanese registered FV Feng Long No. 16, Chung-yi No. 218 and Hsin-lienfa No. 36 have set sail for their homeland. The Filipinos had spent Polluted beaches on Semirara Island, Panay, after a major oil spill from a NAPOCOR barge, 3 Feb 2006 Parola no.127 - January - April 2006 - Page 9,000 Filipinos positive for HIV The Department of Health sounded an alarm over the more than 9,000 Filipinos who are unaware they have been infected with the human immunodeficiency virus (HIV). Health Secretary Francisco Duque III said they found out that 11,168 Filipinos are living with HIV. “This is a sharp increase compared to three years ago. In 2002, the number of Filipinos living with HIV/AIDS was at 6,000,” he told a National Dissemination Forum on HIV/AIDS. (PhilStar, 1 Feb 2006) 14 OFWs freed from Kuwait prison 14 overseas Filipino workers (OFWs) imprisoned in Kuwait were granted amnesty by the Kuwaiti government on the occasion of Kuwait’s Liberation Day last February 26. The DOLE said the 14 OFWs were serving sentence on various crimes they committed in the course of their employment in Kuwait, such as falsification of documents, drugs, theft, drunkenness, and extramarital relationships. (PDI, 4 March 2006) 97 OFWs in Saudi to be repatriated Ninety-seven distressed OFWs in Saudi Arabia will be repatriated after the Riyadh Governorate issued them airline tickets. Many of the distressed OFWs have labor disputes with their employers, though some of them were endorsed by their employers or the police. (PhilStar, 10 Jan 2006) 2005 overseas workers remittances $10.7B, up 25% Remittances from OFWs coursed through Philippine banks rose 25 percent to a record 10.7 billion dollars last year, the central bank said. Large amounts of money sent home by around 8 million Filipino workers overseas were the main reason the peso soared to threeand-a-half-year highs against the US dollar this year. The number of newly hired and rehired workers grew 5.2 percent to 981,677 last year. (XFN-Asia, 15 Feb. 2006) Pinoy Exodus brings boom to international airlines The exodus of Filipinos seeking higher-paying jobs overseas continues to convince international airlines operating in the country to open routes to new destinations with Gulf Air resuming its Manila to Johannesburg flights and opening a Manila to Dublin flight route. This developed as a shortage of international flights during the past few months has slowed down the deployment of OFWs. Recruitment agencies have complained about the lack of flights among airlines servicing the Middle East and Taiwan. South Korean employers have been forced to use chartered planes to transport Filipino workers to meet their manpower needs. Recruiters have also complained that the shortage has led to cancellations of visas held by departing Filipino workers. (PhilStar, 1 jan 2006, 12 Dec 2005) Daughter of seaman honored President Arroyo honored Cristina “Tinay” Bugayong for her exemplary honesty and for showcasing the positive virtue of the Filipino. Tinay, 12, returned to its owner P300,000 worth of cash and checks she found while playing with her friends in Barangay Kamuning, QC. A six-grader at the Tomas Morato Elementary School, Tinay is the daughter of a former seaman, Cesar , and an assistant cook, Luzviminda, who works for a catering outfit. The presidential accolade was the latest in the public outpouring of appreciation for Tinay’s honesty. She has received various gifts and her college education has been assured through a scholarship. Manny Pacquiao: World Super Featherweight Boxing champ (photo: PDI, 23 Jan 2006) Tinay’s request to the President was to give his father, who has been jobless for the past eight years, a job. (PhilStar, 9 Jan 2006) Parola no.127 - January - April 2006 - Page Another drive vs illegal recruiters An “order of battle” against notorious illegal recruiters is being established by the government in a bid to eliminate the multibillion-peso industry in the country. POEA chief Rosalinda Baldoz said her agency is working with the Philippine National Police in drawing up a list of primary targets. “Unlike the Presidential Anti-Illegal Recruitment Task Force, the POEA anti-illegal recruitment office’s marching order this time is not only to produce arrest but must ensure prosecution of illegal recruiters,” Baldoz said. Earlier, DOLE officials admitted that government efforts against illegal recruitment agencies had not been effective. (PhilStar, 23 Jan 2006) Pinay teacher faces beheading in Kuwait The impoverished family of a teacher from Surigao del Sur appealed to President Arroyo to save her from being put to death by the Kuwaiti government. Marilou Ranario, 33, was sentenced to death by a Kuwaiti court last year for allegedly stabbing her employer to death with a kitchen knif. The reason for the killing was not clear but sketchy foreign news reports said the victim had “insulted” Ranario and “her people.” (PhilStar, 23 Jan 2006) RP is world’s friendliest country to migrants The Philippines is globally the friendliest country to migrants, while Thailand has the biggest number of xenophobic citizens. The latest Gallup International Voice of the People survey also found that more than half of Asians — 56 percent — consider immigration “a good thing for their own country,” even as negative sentiments prevail in the world against people moving from their native land to settle in another country. The study found 87 percent of Filipinos believing that immigration is good for the country whose own citizens — five million or so — have left to work and live in foreign lands. (PDI, 22 Dec 2005) Singapore rewards 2 Filipinas with cash The tiny but affluent city-state honored two Filipino maids, chosen from among tens of thousands of foreign workers employed there. Site of one more Philippine tragedy: Guinsaugon village, St. Bernard in Leyte (photo:PDI, 17 Feb 2006) Elizabeth Yanos Quiatchon, 38, was named Singapore’s “Foreign Domestic Worker of the Year”. The citation came with a S$2,500 (P82,500) cash prize. Another Filipino, Marina Bayabay Garcia, placed third and the award carried a S$1,200 (P39,600) purse. Quiatchon has been working for 19 years for the family of Singaporean Loke Lai Kuen. She was cited “for looking after and caring for two sick members of the family while also attending to household work.” Garcia has been employed by the family of Mae Heng for six years. She has looked after Heng’s young son who has a motor-planning speech disorder. (PDI, 9 March 2006) Two overseas Filipino workers die in Saudi crossfire Two Filipinos commuting to work were killed by crossfire in Saudi Arabia as security forces in Riyadh clashed with suspects who had attempted an attack on the world’s largest oil-processing plant. Filipino construction workers Abel Monterela and Felix Lorando were killed by bullets that hit their shuttle bus as it passed through the Rawda district while Saudi police were conducting a manhunt for militants. What TV audiences are watching in RP These are the five shows that had audiences across the nation glued on their TV sets every night, seven days a week last year. 1. Darna. The telenovelizaton of Mars Ravelo’s comic book serial on the Filipino female superhero. Darna, even with its flawed narrative, holds the highest rating show in the history of Philippine TV. 2. Encantadia. The fascination for Encantadia can be attributed to the people’s longing for another Okay Ka Fairy Ko. 3. Pinoy Big Brother. ABS-CBN’s muchpublicized franchise of the popular European reality TV show. 4. Bubble Gang. The best gag show since curtains dropped on Tropang Trumpo. 5. Goin’ Bulilit. This gag show for kids and by kids is in reality a spin-off of the popular early-’90s sitcom, Goin’ Bananas. (EBalita, 13 Jan 2006) Three other Filipinos on the same bus — Rodel Miranda, Salvador Bibon and Jimmy Pactor — were wounded. (AFP, 28 Feb 2006) Parola no.127 - January - April 2006 - Page A Holy Week Millionaire Fr. Sean Coyle * S alvacion Ortenero Orge, who is 44 and mother of three teenagers, hails from Bicol. On 23 March 2005, she began work in a beauty parlor onboard the Isle of Inishmore, a vessel owned by Irish Ferries. That was the Wednesday of Holy Week. One week later, she returned home to the Philippines a (peso) millionaire! Here’s her story. Salvacion wasn’t employed directly by Irish Ferries, nor was she hired by them. She had been recruited by CF Sharp Crew Management and had a letter from that agency saying she was to work 12-hour shifts and would have three days’ holiday per month. Her salary was to be €354.00 per month. At the exchange rate of PHP64 to €1.00, this worked out at just over €1.00 per hour, or less than half the standard rate recognized by the ILO for seafarers. The Isle of Inishmore plies between Rosslare in southeast Ireland and Pembroke in south Wales, a journey of less than four hours. When Irish Ferries discovered the kind of salary that Salvacion was being paid, they closed down the beauty parlor where she worked. The Services Industrial Professional and Technical Union, or SIPTU, which represents over 200,000 Irish workers, got wind of Salvacion’s predicament and came to her defence. The union was unhappy with the way Irish Ferries dealt with the situation. With Union support, Salvacion refused to leave the ship. She asked for the same work and pay conditions as other workers onboard. (I am not sure if Salvacion had joined the union before she began her employment, or if the union made her a member in order to defend her). A SIPTU spokesperson said that Salvacion had refused an offer to be repatriated, as well as an offer for her contract to be bought out. to Manila. It was a bonanza. Just two days earlier, the crew on the Isle of Inishmore had raised € 1,000 for her. On March 30, the newspaper Irish Independent carried the headline “Payoff is a happy ending for Filipina ferry tale”. It reported that SIPTU had sought a settlement with Irish Ferries that would assure financial independence for Salvacion upon her return home to the Philippines. Paul Smyth, a SIPTU official, had expressed fears that she might be blacklisted for future employment in her own country. It was also reported that Salvacion was “overjoyed and emotional” about the settlement. She would now be able to set up her own beauty parlor. On Good Friday, Irish Ferries director of human resources Alf McGrath made an announcement: “We collectively made a mistake. We’re doing our best to rectify it. It’s a messy situation. I hope that the lady involved is spared any further distress. We’d like to deal with the matter as speedily and as fully as possible.” This statement was in response to SIPTU’s accusation that Irish Ferries were paying a foreign The support of the most powerful worker “slave wages”. labor union in Ireland and the publicity given by the Irish media were two very In the meantime, SIPTU members on important factors in this case. The the Normandy, another Irish Ferries cont’d next page vessel that sails between Rosslare and Cherbourg in France, voted to go on strike after the company had taken off two other Filipinas from that ship. These two Filipinas had also been recruited by CF Sharp Crew Management and had contracts similar to that of Salvacion’s. Company and the union officials met on Good Friday but did not reach any agreement. They would resume talks on Easter Tuesday, as Easter Monday was a public holiday in Ireland. The talks on 29 March, Easter Tuesday, resulted in an agreement that Irish Ferries pay Salvacion € 25,000, which was received by Salvacion. The company also paid Salvacion’s air fare Parola no.127 - January - April 2006 - Page Beautician Salvacion O. Ogre, “ferry tale” heroine (photo: Irish Independent, 30/3/2005) also in the news ..... Random act of kindness saves Pinoy seaman in Nigeria Anthony Santos, a 36-year-old OFW stationed in Nigeria’s oil-rich Delta State, did what any prudent person in a restive land would have done: give help to the weary. A group of famished fishermen went alongside his company barge one day, asking Anthony if he could spare them some food. Soon enough, Anthony was handing over slices of bread from the vessel’s stock. It was just another encounter with the impoverished folks of the Niger Delta, witnessed all too often by Anthony during the two years that he had worked there. He had actually forgotten about that incident. Until February 18, 2006, when militants opposing foreign activities in the Niger Delta abducted Anthony and eight others - three Americans, two Britons, two Thais and an Egyptian. At the time of the kidnapping, Anthony’s vessel was doing pipelaying operations around a Shell Co. terminal. The captives were brought to a jungle hideaway, as news about the abduction sent shock-waves around the world. Underneath this international crisis was a lesserknown sub-plot, which tells the story of how the Filipino knack for making friends and generating goodwill served Anthony well during such traumatic episode. One of the kidnappers, it turned out, was one of the Philippine media mentioned nothing about the matter at that time. When I phoned CF Sharp Crew Management, a company which was given one of the 2002 Agency Performance Awards by the POEA, they confirmed that they had indeed hired Ms. Salvacion Orge and the other two Filipinas mentioned. They told me that the three had been paid the money due to them. However, they would neither confirm nor deny hungry fishermen whom Anthony had given food months before. The man recognized Anthony among the captives, and assured the Filipino that “nobody among the other kidnappers could touch him.” He regarded Anthony as someone he should “protect” in case his comrades decided to make good their threat to torture or kill any of the hostages. The kidnapper made sure that his brothers-in- arms knew the little history he shared with the Filipino hostage. The Philippine Embassy in Abuja, who took custody of Anthony after he was released on March 1, reported that “a small gesture of Anthony in the past helped sustain him in the difficult and tense moments of his captivity.” Anthony, a father of two, returned to Manila on March 4. He told reporters he was willing to go back to Nigeria despite what had happened, to be able to continue supporting his family. Anthony’s father-in-law and two brothers-in-law are also OFWs in Nigeria, working for the same company that employed Anthony. Anthony’s wife, Helen, sums up her husband’s experience: “It seems like any thing good you have done, no matter how small, finds a way to give you something in return. Anthony said so himself.” (PDI 19 March 2006) the details of Salvacion’s contract as exposed in the Irish media. The CF Sharp official I spoke to said that Ms. Orge was now in Bicol, but that their company hadn’t heard anything from her or the other two. For Salvacion Orge, returning to the Philippines with more than P1,500,000, after only a week as a worker on an Irish ship, was a ‘Cinderella’ experience. Irish Ferries were generous to this Bicolana. Unfortunately for many others, there’s no “glass slipper that fits.” Irish Ferries was involved in an attempt to replace many of their Irish workers with lower-paid workers from countries in Eastern Europe that joined the European Union in 2004. This move took place, ironically, on Labor Day. * Father Seán Coyle, a member of the Missionary Society of St Columban, is from Dublin, Ireland, and came to the Philippines in 1971. He has worked mostly in Mindanao and the Visayas and is currently editor of Misyon, www.misyononline.com Parola no.127 - January - April 2006 - Page .... and still in the news Famous Filipino smile stuns cruise ship guests My reason for writing this is an experience my wife and I had with some Filipinos aboard a cruise ship. From the moment we boarded the Costa Mediterranea, I could sense her excitement as she greeted Filipino after Filipino among the vessel’s crew. We had an absolutely fabulous time on board this cruise, and every single crewmember from the Philippines just seemed to radiate the country’s claim, “Where Asia wears a smile.” There was, however, one Filipina aboard who impressed us with her marvelous strength of resolve and spirit. A 22-year-old bar attendant from Manila, Arlene C. Pimentel has been working seven days a week, 16 hours a day on board Costa Mediterranea for eight months straight. She has little contact with her family due to the prohibitive cost of calling via satellite phone. While the tourists embarked and disembarked every seven days and scattered to the four winds, Arlene and her fellow countrymen labored on through a spartan regimen just to provide for their families back home. Arlene showed herself to be a warrior. Arlene impressed us most for a gift that she shared with us on the night that the ship’s crew performed for the guests. She was not an original member of the cast of performers, but when a crewmember from Honduras quit and went back home, a substitute performer was needed. Arlene told her supervisor that she could sing if they needed her to. Whatever shyness there was in Arlene vanished when she went on the stage and sang “Como puede ser verdad”, the opening lyrics to Madonna’s “La Isla Bonita”. When she nailed the high notes to this song, she had put on an electric performance that none of the professional entertainers aboard the ship could have matched. The theme of the show was “World Showcase,” but all of the passengers clearly realized this was a demonstration of Filipino talent. She and the entire Filipino cast were given a standing ovation, the only standing ovation given that entire week of performances. Filipinos had given notice: this was their ship and their show, and the night belonged to all of them. It was not only the beautiful voices and the stunning performances that amazed us all, but also the enduring human spirit that Arlene and the cast displayed. To work hard every day and then deliver a performance that leaves the throng in complete awe. There is a bright future for Filipinos, Mabuhay! Many thanks to the Costa Mediterranea Filipino crew! J.R. JENSEN, President and CEO Quomation Insurance Services Inc. (via e-mail to Philippine Daily Inquirer,15 Dec 2005) Parola no.127 - January - April 2006 - Page 10 Damdamin ng Nagbabarko Maricel Nuyda Delicana * Haaayy!!! Ýsang kontrata na naman ang matatapos... linggo na lang ang binibilang... akalain mo un?! Di ko akalaing makakaraos na naman ako ng isang kontratang puno ng maraming karanasan... masaya, malungkot, makulay na maidadagdag ko na naman sa king alaalang babaunin sa pagtanda! Di biro bunuin ang isang kontrata lalu pa’t sa barko!!! Baket??!! Mahirap atang labanan ang alon!!! Yayakapin mo ang inidoro at tatawag sa lahat ng santo ang mahirap pa nito kung walang laman ang tyan mo dahil di masarap ang luto ng kusinero. Nguni’t kung banayad naman ang dagat aayy kay sarap!!! Mag inuman tatawagin ang mga kaibigan at gagawa ng dapat ipagdiwang. “Nanganak ang pusa namin kaya tayo ay mag-inuman, hehehe. Sige inom laklak basta’t wag lang pahuhuli na pasuray-suray sa alleyway, kundi yari ka ke kapitan mag handa ng paliwanag kinabukasan!!! Pagnakalusot... bukas ulit, hehehe. Minsan naman ay tatamaan ka ng lungkot... labanan mo man kahit sa anong paraan ito pa rin ay bumubuntot sa iyong isipan. Sasagi ang mga mahal sa buhay... “Ano kaya ang kanilang pinagkakaabalahan? Naaalala kaya nila ako? Masaya kaya sila kahit wala ako?” Mga katanungan mo sa sarili na kahit kailan di mo nalaman ang kasagutan... nakakabugnot, nakakasawa, nakakapagod ang ma-layo!!! Nguni’t yan ang papel nating mga marino. Kapag ika ba’y nakaka tatlo, apat, lima masakit kung mas matagal pa sa naging kontrata sa iyong bayan... ano ba ang iyong hinahangad... kundi ang mapadpad muli sa malayong karagatang pilit mong kinakalimutan!!! Masakit mang ma-layo sa iyong minamahal nguni’t kung ang kapalit nito’y isang pangako ng masarap na hapunan para ke bunso di ba’t isasakripisyo mo ang pansariling kalungkutan...??? Wag mag-alala kabayan tayo naman ay mag-tutulungang labanan ang kalungkutan dito sa karagatan bibigyan kita ng isa kong matamis na ngiti wag lang pag-iisipan ng di magandang kahulugan kundi tayo ay mayayari!!!! Buhay sa barko ano ba ang meron ka iwanan man kita nguni’t ito’y panandalian lamang... labanan ko mang di ka na balikan nguni’t salapi ko naman ay kulang...!!! Dito sa puso’t isipan ikaw pa rin ang number1!!! Kaya Marino hangga’t me kontrata sunggab ang kasagutan... sa sikmurang walang laman!!! * onboard the cruise vessel M/V Calypso Parola no.127 - January - April 2006 - Page 11 Making Waves Tribute to an outstanding Filipino Seafarer THE TRIUMPH OF CAPTAIN ROMAN ALCANTARA Waging a 21st Century Sea Battle through OFW Leadership Norma Hennessy * Captain Roman Alcantara was in command of the MV Mawashi AL Gasseem, a livestock carrier, when it was arrested in Adelaide, Australia in March 2005. The ship, with its 69 mainly Filipino crew, had been sailing the previous month without any provisions. The ship was arrested after a Danish company, the OW Bunker and Trading Company, sued for non-payment of fuel. At the time of the arrest, the crew had not been paid their wages for many months. Their families have also not received their monthly allotments. An offer of assistance to the crew was initially made by the Maritime Union of Australia. But Capt Alcantara carefully declined, fearing the repercussion of getting his crew and himself blacklisted in the maritime industry in the Philippines. He had hoped that the ship’s Kuwaiti owners would settle matters eventually. However, the owners, through their agent in Australia, soon issued orders to stop all disbursements and transactions on the ship, in practical effect abandoning the ship and the crew. It was then that Capt Alcantara, after consulting with his men, took up the offer of assistance from the Maritime Union of Australia. The MUA, with the help of the ITF in Australia, provided the sailors with legal representation through the Holding Redlich law offices based in Melbourne. For the the next six months of court litigation, Capt Alcantara and his crew remained onboard and dutifully kept their daily tasks of maintaining the ship in tip top shape. During the legal proceedings, Bunker Co. was ordered by the court, on humanitarian grounds, to provide for the basic fuel maintenance of the ship and the medical and food provisions of the crew. The long wait for the court’s final decision proved to be a real ordeal for Alcantara and his men. The crew were confronted with every kind of bleak uncertainty. Everything was turning into a tragedy: their voyage, their welfare, their careers, the future of their children and their families. Stranded in a strange place, they did not even have the money to buy telephone cards to call their loved ones back home. The prayers of skipper Alcantara were slowly but surely heard. The Apostleship of the Sea of South Australia, headed by Richard Lloyd, lent a compassionate hand to the crew. Soon, news of the abandoned crew spread to the Filipino community in Adelaide, who rallied every kind of support for Capt Alcantara and his men. Mass services were held on board, and barbecue gatherings, bus trips and picnics were organized for the crew, with many of them invited to private homes for meals and visits. Cash donations were also collected for telephone cards. Finally, after seven 7 agonizing months, an Australian Federal Court rendered a decision in September 2005 to put the vessel up for sale and, from the sale proceeds, to pay the crew’s wages. To the crew’s relief, the court also ordered the repatriation of some 35 crew members. More good news was coming for Capt Alcantara. Owing largely to the good maintenance of the ship, the vessel was sold at auction sometime in October to the best of four bidders, the Liberian-based Hijazi & Ghosheh Company. During the sale proceedings, the new owners have insisted that the ship * Correspondent, Philippine Community Herald Newspaper in Australia. Editor’s note: Norma Hennessy’s coverage of Captain Alcantara’s travails and triumph was featured in the editorial page of the Philippine Star (“A hero from a land of heroes”, BY THE WAY, Max Soliven, 2 Jan. 2006). Ms. Hennessy, author of “A Journey in Antipodean Land (Filipino Heritage in Australia)” is also a distinguished Filipina artist. This article was contributed by Norma upon Parola’s request. Visit Norma at: www.hennessyinfolink.com.au Parola no.127 - January - April 2006 - Page 12 TRIBULATION, TRUTH, TRIUMPTH: A HEROIC OFW LEGEND Photos from top to bottom-right: * The anxious and abandoned crew of MV Mawashi al Gasseem listening to their lawyer * Legal representation down under: Capt Alcantara with Matt Purcell of the ITF, Lance Grant of the Melbourne Federal Court, lawyers John Tesarsch and Mandy Lloyd * Finally, some relief: Capt. Alcantara with Fr. Richard Lloyd of the AOS-Stella Maris & Julie House of the Adelaide Federal Court hand out modest allowance to each crew member after court victory * Pinoy pa rin: members of the Filipino Community in Adelaide giving cheer and gifts to the crew * Homeward bound: the first batch of crew to sign off after court judgement was rendered * Vessel redeemed: the MV Mawashi Al Gasseem was flying a Kuwaiti flag. It is now called MV Al Mawashi, flying a Panamanian flag and owned by a Jordan-based company. (These great photos are courtesy of Jo Isler, electrician onboard the Al Mawashi, whose professionally-shot photos have been published in Australian newspapers) was to be captained by the same Filipino shipmaster but crewed by Pakistani recruits. But setting aside his personal advantage, Capt Alcantara bargained instead for the rehiring of the old crew, or at least employment of Filipino sailors. At the end of the negotiations, the new owner not only rehired all the Filipino crew, including those who were repatriated earlier, but also agreed to improved conditions and a better compensation package for the crew. On November 5, 2005, the vessel officially started its operation under its new name, the M/V Al Mawashi. On the same day, , members of the Filipino-Australian community, the Philippine Community Herald Newspaper, and the Apostleship of the Sea, presented a special plaque Gawad Dangal Pilipino-Australia to Captain Roman B. Alcantara, Jr., in recognition of his exemplary leadership. For their remarkable conduct, Parchments of Appreciation were also given to each member of the crew. (Read the offfical commendation of an Australian MP to the crew, next page) The vessel, re-born under the command of Captain Alcantara and manned by 69 Filipino sailors, left South Australian waters on November 23. Parola no.127 - January - April 2006 - Page 13 Having learned of the amazing story involving Captain Alcantara, Steve Georganas, a Member of the Australian Parliament, delivered a commendation at the House of Congress in Canberra on 3 November 2005: I rise to speak on a matter concerning the MV Mawashi Al Gasseem, which was impounded in South Australia seven months ago.... Many of the crew were in a desperate plight, as they were the breadwinners for their extended families living in poverty back home in the Philippines, to whom they normally sent most of their wages. Many others connected by family ties were also depending on their help to pay bills for food, medicines, and the education of their children. ....But thank God for the generous, supportive Filipino community in South Australia. Their generosity meant that the crew who stayed on were looked after whilst in Adelaide. The captain and his crew were strongly supported by the Apostleship of the Sea, the MUA and the ITF, who had campaigned against these ‘ships of shame’—flags of convenience vessels, whose owners treat employees like disposable garbage.… The courage, hope, and optimism of people in such adverse conditions should be recognised and celebrated. The moral leadership of Roman Alcantara Jr, the captain of Mawashi Al Gasseem, kept his crew focused despite the difficult circumstances that they were in. Leadership such as this, displayed when things are at their worst, should be acknowledged. So should the involvement and the help of the strong local Filipino community that we have in South Australia. The Filipino community responded to the needs of those on board the ship and tried to alleviate their plight. Month after month, the crew waited to be paid, dreading going home empty-handed to those who depended on them under these dreadful circumstances. Even the most level-headed people would be exasperated. One or two of the crew members were nearly suicidal. But the captain ensured that the Filipino crew did not lose their cool. I will have the pleasure this Saturday in Adelaide of attending a ceremony organised by the Filipino community under the guidance of journalist Norma Hennessy and Dr Dante Juanta, OAM, to express appreciation for and pay tribute to the ship’s master, Captain Roman Alcantara Jr, and to acknowledge the efforts of the many local Filipino and Australian families who helped the crew with care and compassion. They understood this question: if we are not on this planet to help each other, then what are we here for? cont’d next page Parola no.127 - January - April 2006 - Page 14 KWENTO AT BUHAY MARINO “PHONE SEX” ONBOARD Roli Ancha * MV Meridian Lion “Hello!”, “Oh!, kmsta na kayo dyan?”, “Ang mga bata,ok b’ang lahat?”, “Wala bang nagkakasakit?”, “Anong balita dyan?”. At iyan din ang pinaka-mabisang pang-alis ng homesickness, ang pagtawag sa telepono lalo pa kung ang barkong sinasakyan mo eh! VLCC na halos di tumatabi sa pantalan. Diyan mo maririnig yong tumatawag ng malungkot, yong tumatawa ng hagalpak, meron ding ubod ng lambing, at mayroon ding nang gagalaiti sa galit. Ang pagtawag sa phone ay tinagurian naming “phone sex” dahil pagkatapos kumustahin yoong mga bata, ay yoon namang “dinaanan” ng mga bata ang kakamustahin. “Kaw sweetheart, Kmusta na?”, “Miss mo na ba ko? Miss na miss na kita” (sus bola!!, sabay kindat sa kasamahang nakangiti habang naghihintay ng torno nila sa pagtawag). “L na L na nga ako rito eh!, lungkot na lungkot bah! sa tuwing maririnig ko ang daing mo ... este... boses pala!” “Sige sweetheart… malapit na akooooo!, malapit na matapos ang lintik na kontrata ko… sige at may tatawag pang iba. I love You… tsup…”. At doon naubos ang $ 20.00 na card ni seaman. Torno naman ni AB. Siya naman ang tatawag. Aba! 60 minutes card na iridium ang inilabas!, patay..! “Mahaba-habang hintayan ito”, sabi ni oiler. “$57 yan ah!”, sabi naman ni pumpy!. Idinayal ang number, “ Hello? Oh anak... ikaw pala. Si mama mo?, asan? Kausapin ko ha! Di pwede! Bakit?, Busy! O... sige… ingat dyan. Click. “O, kayo naman!, busy daw sa tindahan naming yong misis ko… wala daw panahon kausapin ako!”, malungkot na pahayag ni AB. “Malakas ang tindahan ni manoy!”, sabi ni fitter. “Pila-pila siguro ang bumibili”, sambot ni pumpy. “Ah!, kung sa akin yan, ipapasarado ko yang tindahang iyan!”, yamot na komento ni Bosun. Isang araw, nakalitaw ang mga ngiping nagbalita sa akin yong isang AB, “Yor, nakuha ng misis ko yong puwesto ng bigasan sa palengke, he!he! he!, may pagkaka-abalahan ako pag-uwi.” “Bakit, tumawag ka ba? Di pa naman off-peak ah? Sa sabado pa!”, tanong ko kay AB. “Kagabi Yor! nagtagay kami ni super-mario, yong OS, nalasing ako!, kaya naka dalawang t-cards ako”, sagot ni AB, “he! he! he!, $40.00 yon!” May kanya-kanyang schedule ang pagtawag. Merong araw-araw; merong pasundot-sundot lang; padala-dalawang minuto lang, marinig lang ang boses ni mahal, ok! na. Meron namang kada Sabado’t Linggo lang, dahil discounted ng 35% pag week-end, pero ubos naman ang isang card. Meron ding hindi tumatawag sa loob ng walong buwan dahil nagtampo sa asawa. Meron namang “occasionally”, pag birthday, anniversary o fiesta lang tumatawag. Subalit ang hindi ko makalimutan, ay yung tawag minsan ni Ricky Boy, ang pinaka matanda naming AB. “Hello!, oh kmusta dyan? Ang mga anak natin? Ikaw? Anong latest news?” panimula ni Ricky boy. Sagot ng misis nya, “Hindi ko maintindihan ang sinasabi mo! Putol-putol ang dating mo!”. “Ika ko, kmusta na diyan? Ang mga bata?, Kmusta?” halos pasigaw niyang ulit. “Wala talaga,, gumagaralgal at hindi ko maindihan ang sinasabi mo!”, ganting sagot ng asawa. “Pera, nagpadala ako ng pera! Uuwi si mayor, magkita kayo sa opisina”, galit na sabi ni Ricky Boy. “Ha!, Magkano? Anong pangalan ng Mayor? Kelan kami magkikita?”. “Anak ng pating!”, sabay baba ng telepono ni Ricky Boy. Sa puntong ilonggo, at nag-uungol na umalis, “Sabi, malabo ang dating ko, di maintindihan! Noong sabihin kong pera, biglang luminaw! Hay naku!.. makatulog na nga!” P.S. Masayang pagbati ang ipinaaabot ko sa mga kasama ko ditto sa Meridian Lion. Sa magic 5: 3/E Edgar Ortega, Gener “liliw” Arquiza, Angel Andales, Edwin Estopare, likewise to Mario Diosana, Pumpman Nestor Garcia, Fitter Simple Gamilla, To deck boys:Ricardo Deang, Sammy Tayong, Rommel Calamba, Roger Tibegar, 2/O Edwin Amparo, 3/O Robert Edison, also to James Villasis, Ronaldo Hernandez, 2/E Arman Carpio and not but not the least… Messman Joie De Jesus and Bosun Ariel “Abe” Pamintuan. * Editors Note: Mabuhay and Welcome Back, Roli! Your colorful anecdotes and much-appreciated insights have been missed by many faithful readers of Kwento at Buhay Marino. Parola no.127 - January - April 2006 - Page 15 Huwag Kayong Mga Pasaway * 1st/Asst. Engineer Leonardo Purca Ano pa ang halaga ng ating kalayaan sa kamay ng mga dayuhan, Kung tayong mga Pilipino ay walang pagkakaisa at nagbabangayan? Saan natin ihahambing ang ating lahi, kung may palakasan at may pinipili? May lamangan at pagsasamantala lalo’t pinakisamahan Hindi ba dapat pantay-pantay tayo sa mga karapatan? Pero, bakit nga kung mahirap ka ay kaydaling lapatan ng kaparusahan. Kahit pa ikaw ay napagbintangan lang at wala kang kinalaman ni anupaman. Ngunit kung ikaw ay mayaman, waring ang batas ay napaglalalangan O, sadyang mayroon lang na kasunduan sa mga naglalapat ng kaparusahan? Dahil nga mayroong palakasan, o, di nga ba mayroong suhulan? Hindi ko naman nilalahat, ngunit batad na ang isipan ng bawat mamamayan, Sa ganyang uri ng kalakalan na kasumpa-sumpa ang kalokohan. At sagwil sa paglinis ng ating lipunan, at siyang pumipigil Sa pag-unlad ng ating kaawa-awang bayan Na lugmok na sa kahirapan, dahil ang bawat isa ay nagsisiraan. Mga pasaway at nag-uudyukan ng mga patalikuran. Nang mga pangungutya at patutsada kahit kanginong kasamahan, Walang pagkakasunduan, labis ang pagtrayduran Walang galang sa mga magulang at lalong walang respeto sa pagkakaibigan Kahiyahiya ang katutuhanan, kahiyahiya ka kababayan. Ganyan karami ang kaululan sa Pilipinas nating bayan. Aber nga, tayo’y tumingin at mangatwiran Saang bayan kaman na ang sa kapwa’y walang siraan? Saang bayan dito ang walang kalupitan? Kaya’t dama ng lahat ang bigat ng kahirapan, Pasan ang pagdarahop at mga kaapihan. Kailan ba matuto matatanda na tayo O mga kababayan ko? * PSAP-PAROLA Poet Laureat’s commentary on the current political situation in the Philippines Q: Are you proud to be a Filipino? A: “In spite of how the Filipino is deemed by many nowadays, yes, I am proud to be a Filipino. I am not proud of how some of my countrymen have been conducting themselves, especially some in government. But I love my country and have faith in the Filipino’s strengths, abilities, resilience, and faith in the Almighty. Kahit saan sa mundo, magaling tayo. We are basically a caring people. Our smiles and warmth are genuine. And we are smart and talented. Kulang sa bansa natin nga lang opportunities, kaya madaming magaling sa atin ang umaalis. Sayang. We should get down on our knees and pray.” - Sharon Cuneta (Pinoy Abroad eForum, March 2006) Parola no.127 - January - April 2006 - Page 16 u l B letin PSA t P Por PSAP-PAROLA SCORES BIG TIME AT THE INTERNATIONAL COMMITTEE ON SEAFARERS WELFARE PSAP’s Programme Manager, Atty Peter Payoyo, was elected to the Presidium of the ICSW, the highest decision-making body of this global umbrella organization. And as if this mandate was not enough, Atty Payoyo was soon after elected as ICSW ViceChairman. Great challenges indeed lie ahead as the year ushers in major responsibilities for PSAPPAROLA in the arena of seafarers’ welfare. Underway with a global agenda: the ICSW Annual General Meeting in London, January 26-27, 2006 The Presidium Members of the ICSW are: Elected Presidium Members: Mr. Bjørn Lødøen, Chairman, Norwegian Government Seamen’s Service Dr. Peter Payoyo, Vice Chairman, Philippine Seafarers’ Assistance Programme Mr. Roger Korner, United Seamen’s Service Capt David Parsons, Merchant Navy Welfare Board (UK) Permanent Presidium Members: Mr. Tom Holmer, International Transport Workers Federation Ms Natalie Wiseman, International Shipping Federation Dr. Juergen Kanz, International Christian Maritime Association www.seafarerswelfare.org HAVE TIME TO SURF? Check-out the newly launched fleet of ICSW WEBSITES: ICSW, ICSW Sports, and ICSW Health. AND DON’T FORGET, log into your home at www.psap-parola.org www.seafarershealth.org www.seafarerssport.org PSAP & UP Museum launches Kuhang Marino photo exhibit Feb. 23, University of the Philippines, Diliman, Q.C. - PSAP-PAROLA and the UP Jorge Vargas Museum and Filipiniana Research Center opened “Kuhang Marino: Images of Filipino Seafarers - a photo documentary and poetry exhibition”. Later, poems published in Parola were read at the Conspiracy Cafe in QC. Thanks to a great public reception, Dr. Ana Labrador, Museum Curator, has set her sights to a nation-wide tour of the exhibition project. Parola no.127 - January - April 2006 - Page 17 PAYO ni ATTORNEY Atty. Peter B. Payoyo DID THE CAPTAIN MAKE YOU RESIGN? Like their pinoy seafarer-counterparts, pinay sea-based workers are making their presence felt in international shipping. Modest, unassuming, sincere, and hard-working, they toil the seven seas, usually aboard cruise and passenger ships. They contribute not only economic value but also human values to the global maritime industry – an industry that sometimes exhibits the worst forms of greed, abuse, and irresponsibility. The story of six Filipina sea-based workers illustrates the courageous and dignified assertion of human values on the part of OFWs. Jennifer Anne Acuña, Haydee Anne Acuña, Marites Clarion, Marissa Enriquez, Graciela Torralba, and Mary Pamela Santiago were hired as croupiers (card dealers) aboard one of the vessels of Ferry Casinos Ltd. Sometime in July 1993, even before their six-month employment contracts expired, the women were informed by their manager that their services onboard ship were no longer needed. Their plane tickets have been readied. Each one of them was then made to sign individual documents specifying that they were the ones who terminated their employment and that they have been treated fairly by their employer. All the “resignation letter cum release and quitclaim” documents, which were prepared by Ferry Casinos Ltd, uniformly read as follows [grammatical and other errors reproduced as part of the original]: In signing this document, I am declaring my decision to return to the Philippines with the other eight employees of Ferry Casinos Limited and Great Southern Maritime Corporation, on the 25th July 1993. I understand that my contract is uncompleted and I fully understand the consequences of that. I do however promise to work to full for both companies before my departure. I realise that I may be dismissed by the captain or Purser of my assigned vessel, if I am suspected of misconduct in the remaining weeks of my employment, until my departure, and I understand that I will compansate both companies for the results from my actions. I sign to say that I will follow the instructions of Captain A. Sanchez upon my arrival in the Philippines and that any previous arrangements to this date are nul and void. I recognise that I have been fairly treated by both companies and for this I will not jeopardise them upon my arrival in the Philippines. I acknowledge and accept this as evidence for my departure to be shown to the P.O.E.A. in the Philippines. cont’d next page Parola no.127 - January - April 2006 - Page 18 OUT IN Immediately after they were repatriated, the six women proceeded to the POEA to file a complaint for illegal dismissal against Ferry Casinos Ltd and its local agent Great Southern Maritime Services Corporation. The respondent-companies denied the charge of illegal dismissal and countered that the complainants voluntarily resigned from their employment. Their version of the story: in early July 1993, the six women intimated their desire to resign. However, Ferry Casinos Ltd did not allow them to resign because the simultaneous loss of croupiers would paralyze casino operations. The workers thereafter exhibited lukewarm attitude towards work, and became defiant and rude, on account of which Ferry Casinos Ltd was forced to accede to the workers’ demands. The women thus resigned en mass by executing their respective resignation letters, and disembarked. After weighing the merits of these contradictory claims, the POEA ruled that the six women were illegally dismissed since the company failed to prove that the workers voluntarily resigned from employment. The POEA ordered the payment of salaries representing the unpaid portion of the complainants’ 6-month contracts. Ferry Casino et al. contested this ruling all the way to the Philippine Supreme Court. To the company’s disappointment, however, the Supreme Court upheld the POEA and declared that the six women OFWs were summarily dismissed without just cause. The Supreme Court reminded the company that in illegal dismissal cases like the present one, the burden of proving that the employee was not dismissed, or if dismissed, that the dismissal was not illegal, rests on the employer. The failure to discharge this burden of proof means that the dismissal is not justified and is therefore illegal. The company’s complete reliance on the “resignation letters, with release and quitclaim” to support their claim that the women voluntarily resigned is unavailing, because the filing of the complaint for illegal dismissal is inconsistent with resignation. The similarly-worded ‘resignation letters’ were, in reality, waivers or quitclaims which are not sufficient evidence to prove valid separation from work. In the Court’s opinion, it was “highly unlikely that respondents would just quit even before the expiration of their 6-month contracts, after all the expenses and the trouble they went through in seeking greener pastures and financial upliftment, and the concomitant tribulations of being separated from their families, having invested so much time, effort and money to secure their employment abroad. Considering the hard economic times, it is incongruous for the workers to simply give up their work, return home and be jobless once again.” (Great Southern Maritime Services Corp. vs. Acuna et.al., February 28, 2005) The experience of the six courageous women imparts a valuable lesson for the benefit of their fellow sea-based OFWS Problem-situation: Your contract has not expired. Your captain tells you that your services onboard are no longer needed. You have not been accused of any misconduct. The captain ordered you to sign a resignation letter plus a document stating that you release your employer from any kind of liability. What do you do? Solution: If you have been made to sign a quitclaim or a resignation letter under conditions of coercion, deception, or harrassment, just keep your cool. Immediately after your repatriation, file a complaint with the POEA, and be not ashamed to say that you have been forced into signing that document. The shipping company will be duty-bound to come forward and to prove with convincing evidence that your resignation was voluntary. Parola no.127 - January - April 2006 - Page 19 SHIP & CREW OF THE MONTH MT Falcon The MT Falcon is an 8882 GT chemical tanker under the command of Capt. Miguel Fernando Jardiel and Chief Engineer Cipriano Paragas. CSO Orelia A Diving Support Vessel 6,368 GT Crew with PAROLA ship visitors Left: The Filipino crew with their British captain and chief engineer. PHOTO ALBUM: CHRISTMAS CELEBRATION IN ROTTERDAM Seafarers enjoyed the Yuletide and the New Year with the PSAP team and many friends in the Netherlands. A special appreciation goes to Port of Rotterdam Harbour Master Mr. Jaap Lems and Philippine Ambassador Romeo Arguelles for their generous support and encouragement. Parola no.127 - January - April 2006 - Page 20 The Funny Side of a Seaman’s Life 2 BIRO galing kay Romie D. Rollen, M/V Orelia Ang Dalawang Probinsiyano AB at OS Ang magkumpare nag kita sa kalsada at sabi nang isa, “Pare, inum tayo kase dumating ang allotment nang dalawa kong anak.” Sagot naman nang kumpare nya, “Pare, ano naman ang trabaho nang dalawa mong anak sa abroad?” Sagot naman nang ama, “Ang isa Pare, ay AB, at ang pangalawa ay OS.” “Ano naman ang AB at ang OS?” Sagot naman nang ama. “Ang isa Pare, AB ay abroad, ang isa naman Pare, OS ay overseas.” May dalawang magkaibigan na galing probinsiya. Nag punta sila sa siyudad. Sabi nang isa, “Bay, tara munang mag palamig, sobrang init.” At nakakita sila nang isang tindahan, ang tindera ay nag gagadgad nang yelo. At sabi nang isa, “Mukhang masarap yan sa init.” Sagot nang tindera, “Para sa halo halo poi to.” Umorder sila nang dalawang baso. Sabi nang isa habang kumakain, “Bay, parang naloko tayo, walang lasa.” Sabi naman ang isa, “Wag kang maingay baka mahalata nila tayong galing probinsiya.” Sabi naman ang isa, “Teka, bilis bilisan natin ang kain, habang lumalalim tumatamis.” PSAP SHIP VISITOR’S LOG 13 October 2005 Another film documentary featuring the crew of the PLV Solitare Dutch graduate school researchers Mr. Joris de Jong & Dr. Roos Krootjes went onboard the PLV Solitaire to take video shoots and interviews of the star-studded crew. The ship visit was made possible with the assistance of PSAP’s Engr. Felix Pulmano and Ms. Baby Gonzales of All Seas BV. Earlier last year, the Filipino crew of the largest pipe-laying vessel in the world was featured in Philippine national television, on ABS-CBN’s special Correspondents’ epidode entitled Marino. Parola no.127 - January - April 2006 - Page 21 PINOY JOKES CONTINUED (When a ship engineer becomes a radio announcer) - biro lang ni Engr. Rodnie Ayala, M/V Balticborg Muli po nating tunghayan, dito lang po sa (DZMD) Direct Zone Maling Dial, ang ulo po nang ating mga balita, sa ngayon ay masyadong kagimbal-gimbal. Samantala, dalawang malalaking sasakyan ang mabilisang isinugod, sa kadahilanang pagsalpukan ng dalawa. Napag alaman ng intistigador ng bayan ang isang sasakyan ay bumabay-bay sa kahabaan ng Alaya sa naturang lungsod ng Kamatis city. Ang isa namang sasakyan ay kumaripas ng takbo mula sa may Gil Duyan St., ng hindi nila namalayan ang kanilang pagsalpukan. Ng dahil sa malakas ang tinsyon ng kanilang banggaan, kaagad naman namatay ang dalawa. Kung kaya’t mabilis sila nakita ng MMDA, na kung sila kaagad ay kinuha sa lugar na pinangyarihan ng sakuna at dagliang isinugod sa mga lehitimong manggagawa. Hindi na nakuhang gawin ng manggagawa na ayusin ang dalawang namatay ng dahil sa malakas na salpok na kung saan ang mga kasu-kasuhan ay nagkalasug-lasug na, dagdag pa dito, biyak na ang kanilang mga ulo. Sa ngayon, ang mga namatay ay nasa pangangalaga ni SPO-10, kung sino man ang nakakakilala sa kanila, maaari na po nating kunin ang dalawang namatay. Sila po ay nagngangalang, IZUZU-4BC2 at si TOYOTA XE. Ang dalawang namatay na ito ay ang kanilang mga makina. Na kung saan ay biyak na ang ulo o cylinder head, kung kaya’t hindi na kayang gawin ng mga lehitimong manggagawang inhinyero. Iyan po ang ating ulo ng balita. Hanggang sa muli. Na-aalala mo pa ba noon na: 1. diyes lang ang pamasahe, kandong libre pa 2. ang babae lang ang may hikaw 3. ang preso lang ang may tatoo 4. diyes lang ang isang basong taho 5. at kailangan mong magdala ng sarili mong baso, kasi wala pang plastic cups noon si manong na magtataho 6. chocnut, bukayo at vicks ang pinag-gagastusan mo ng singko mo 7. sarsi with egg ang pampataba, at star margarine, at matamis na bao sa umaga 8. nagkakalyo-kalyo ka dahil sa manual typewriter pa ang ginagamit mo para sa school paper mo 9. kaya uso pa noon ang carbon paper 10. at tancho o superman ang pang-ayos mo ng buhok 11. naka-kapag grocery ka na 20 piso lang ang dala 12. anim na numero lang ang kailangan mong tandaan para tawagan ang kaibigan mo 13. singkwenta sentimos lang ang song hits 14. singkwenta sentimos lang ang pagupit 15. pinag-tatawanan ang kalbo 16. hindi uso ang gusot ang buhok at damit 17. nakakahiya kung nakalitaw ang halfslip ng babae, ngayon naka display pa ang panty at pusod 18. hostess pa ang tawag; ngayon GRO na 19. sa Escolta ka namimili ng pamasko mo 20. Jingle lang ang song hits nakakanta na; ngayon naka Karaoke pa 21. $1.00 = 4 pesos 22. sa Quiapo “Praise the Lord”, ngayon “salaam alekum” na Kung na-aalala mo pa yan eh......MATANDA KA NA !!! Parola no.127 - January - April 2006 - Page 22 PHILIPPINE SEAFARERS ASSISTANCE PROGRAMME, ROTTERDAM ISSN: 1389-9465 Editorial Staff editorial box Josie Pulmano Peter Payoyo PSAP was founded in 1981 in Rotterdam with the aim of supporting Filipino seafarers in their struggle for better working and living conditions. PSAP’s Objectives • To contribute to seafarers awareness about their workers and human rights. • To provide support and services to seafarers. • To promote seafarers awareness on HIV/AIDS and other health related issues • To enhance better cooperation among seafarers of various nationalities through better intercultural understanding . Addresses: PSAP Rotterdam Oostbroekweg 4, 3089 KL Rotterdam The Netherlands Tel. 010-2400930 Fax. 010-2400932 E-mail. psap@wxs.nl Website: www.psap-parola.org Centro Filipino-Seamen’s Desk Calle Riera Vaja 6-4 0881 Barcelona, Spain Kasapi Seafarers’ Assistance Program Labor Center of Piraeus Skylitsi 19, Piraeus, Greece International Christian Maritime Association(ICMA) 2/3 Orchard Place, Southampton S01 1BR England Center for Seafarers’ Rights 241 Water Street, New York, NY 10038 Tel. 212-3499090 Fax. 212-3498342 Seafarers Family Caregivers, Inc. Nr. 4 Cor. Tulip/Anhurium Strs Camella Homes Subd Pajac, Lapu-lapu Cebu City , Philippines Tel. 032-3400334 Printed by: Drukkerij Dizayn FROM THE CREW OF CSO ORELIA Greetings to my wife Joan Sajonia and my little boy Marc Justine. Wishing you all the best out there, I love you. God bless Tatay (Marco Sajonia) I love you, I missed you so much. Bear in your mind, that you’re the only wife in my life. If you trust me, I trust you 100% Jass Ranoco, Southern Leyte Hi Love its me once again. Kumusta na sila Carl at EJ. Hope you’re all okey, God bless!!! Jay Parras My wife, Susan, Hello Kumusta na. I love you, I miss you so much. Take care, be with you always. Aaron aral kang mabuti. Armando Caneda To my wife Annabel & sons: Mac-mac & Aky. This sacrifice of mine is dedicated to all of you. We may be far away from each other, but my heart stays with you. My loving wife and sons, God is always with us. Love & kisses, Papa Bien Happy greetings to my wife Lisa Aquino & to my children Clarisse & Jeff Jeff. Wishing you all the best, and don’t forget I will always love you 4ever. Love tatay Emerson C. Aquino Greeting to my wife, Bhing, and to my two boys, Yogi and Tedi. Reaching out with all my love across the seas... Yong C. Hector PSAP-PAROLA extends its heartfelt condolences to the family and comrades of Ferdinand Plata from Parang, Batangas, who passed away after his return to the Philippines from Adelaide. Ferdinand was an AB on the MV Mawashi Al Gasseem (see story on pp. 12-13). PHILIPPINE SEAFARERS ASSISTANCE PROGRAMME, ROTTERDAM Parola is published bi-monthly by the Philippine Seafarers Assistance Programme(PSAP). PSAP is a non-stock, non-profit foundation registered in the Chamber of Commerce no. S127664, Rotterdam, The Netherlands. Subscribing to Parola is your way of supporting the publication. A year’s subscription costs US$10.00. Send the amount to: PSAP Oostbroekweg 4 3089 KL Rotterdam The Netherlands Thank you for your support. See page 24, please... Parola no.127 - January - April 2006 - Page 23 Pangarap at Pamilya Akala ng iba, buhay marino’y kay sarap, malikot na alon, hatid ay hirap Sa karagatang kay lapad, pag-asa’y hinahanap, upang sa pamilya’y makamit ang pangarap Buhay mandaragat, kung iyong iisipin, hirap at pasakit, pilit mong titiisin Hagupit na alon, ay di mo pansin , sa litrato ng pamilya, lagi kang nakatingin Dalangin sa maykapal, ilayo sa sakuna, araw ng pag-alis, mahal paalam na Pangarap sa pamilya, ay syang laging una Sipag at tiyaga, sa barko’y lagi kong gawa, aking perang naipon, ang hatid ay tuwa Pag-tiket ko’y hawak na, agad tawag sa asawa, buo kong pamilya, lahat ay nakatawa. Arman Enriquez & Neil Verocel PHILIPPINE SEAFARERS ASSISTANCE PROGRAMME, ROTTERDAM MV Pride of Brugges YES, I would like to receive a copy of Parola regularly. Please send my copy to the name and address below. Name: Address: Parola no.127 - January - April 2006 - Page 24 Parola is a publication supported by FILIPPIJNENGROEP NEDERLAND