lunes, 14 de septiembre de 2009

Urgent: Maritime Code of 2009

Source: Negros Chronicle

This long pending bill is close to gathering mothballs in Congress, if not for the latest sea tragedy (one of the many others in the past) which has finally triggered Malacañang to push Congress for the passage of the Marine Code of 2009 , otherwise known as the Merchant Shipping Act of 2009.

It is unfortunate one more sea tragedy had to happen and so many lives lost just to push our policymakers into action. We hope that the Superferry 9 tragedy will be the last, and that this important law be passed NOW so that shipping companies among others will be forced to modernize their floating coffins into efficient modern vessels, and government agencies given more teeth to implement shipping laws.

The forthcoming Marine Code of 2009 is a piece of legislation which is envisioned to be an omnibus maritime code for the country. Sad to recall but those earlier congressional action, including RA 9295 or the Domestic Shipping Act of 2004, had deregulated the shipping industry but our implementers have failed to significantly improve things in the shipping industry. We still are witnesses to many dilapidated boats which are virtual floating coffins mostly left unattended by their owners.

This business of dispersing maritime powers to other agencies could be the culprit in the lackadaisical manner of monitoring and implementing laws of sea travel.

In some instances, the Maritime Industry Authority (Marina) has had its powers reduced or transferred to agencies ranging from the Department of Labor and Employment (concerning seafarers) and the Department of Trade and Industry (concerning sea freight forwarders and ship agents) to the Philippine Coast Guard (for determining the seaworthiness of vessels).

We believe, these functions should be returned to Marina in order to centralize and focus the efforts in promoting maritime welfare.

The laws in sea travel should now be consolidated into one omnibus Merchant Shipping Act in the Marine Code of 2009.

The law, when passed, will virtually authorize Marina to handle all concerns ranging from seafarers to shippers to ship owners, including judicial and arbitration powers which had the potential of making the Philippines a regional, if not world center for such maritime matters.

In fact, this new process has received international funding and support from the Norwegian Agency for Development Cooperation through the Norwegian Maritime Directorate (Norad/NMD). Experts from the University of the Philippines Public Administration Research and Development Foundation Inc. (UPPAF), and the Center for Research and Communication Foundation Inc.

of the University of Asia and the Pacific (CRC/UAP) will be acting as technical advisers and consultants to craft the necessary legislation.

We cannot afford another sea tragedy and waste of lives simply because of slow and poor regulatory mechanisms in the bureaucracy of governing sea travel. The truth is, if only Congress will just walk the extra mile and focus first on public welfare, rather than selves, then, this Maritime Act of 2009 can still make it before the June 2010 elections.

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