DMW-DO-01-2024 — GUIDELINES ON THE OBSERVANCE OF THE ITF/IBF HIGH-RISK AND WAR-LIKE ZONE AND IMPLEMENTATION OF THE RIGHT TO REFUSE SAILING FOR SEAFARERS

Republic of the Philippines Bepartment at AMiarant Morkers

Blas F. Ople Building, Ortigas Avenue cor. EDSA. Mandaluyong City 1550 Website:www.dmw.gov.ph | Emai:[email protected] | Hotline:872-1144,872-1159, 8724-3665,8722-116 BAGONG PILIPINAS

DEPARTMENT ORDER NO.Q Series of 2024

Guidelines on the Observance of the ITF/IBF High-Risk and War-Like Zone and Implementation of the Right to Refuse Sailing for Seafarers

In the paramount interest of the continued safety and well-being of all Filipino seafarers

implementation of the "Right to Refuse Sailing" for seafarers passing through said zones: on-board ships and in light of the increasing incidence of piracy, hijacking, and/or armed violence against ships passing through the Red Sea, the Gulf of Aden, and surrounding areas/waters, the observance of the prevailing ITF/IBF High-Risk and War-Like Zone Designations and the Department of Migrant Workers (DMW) hereby issues the following guidelines on the strict

I Coverage

accredited principals/employers, and all their deployed seafarers who are about to and Red Sea, the Gulf of Aden, and surrounding areas/waters. This Department Order (DO) shall cover all Licensed Manning Agencies (LMAs), their are currently traversing ITF/IBF High-Risk and War-Like Zones, especially those in the

I Observance of the prevailing ITF/IBF High-Risk and War-Like Zone Designations

through the following measures: LMAs and their accredited principals/employers shall ensure the strict and faithful observance of the prevailing ITF/IBF High-Risk and War-Like Zone Designations

Provide the mandated additional compensation and security measures for Filipino seafarers who have agreed to continue with the voyage in said areas.

2. Afford all Filipino seafarers on-board ample time, opportunity, and means to signify their intent to either continue with the voyage or refuse to join the ship in its scheduled passage in said areas/zones.

3. Report the scheduled passage of ships and those Filipino seafarers on-board in to report such significant event in a timely manner will result to the imposition of the said areas/zones as a significant event in the OFW Welfare Monitoring System sanctions in accordance with prevailing policies, rules, and regulations. (OWMS) upon their deployment or knowiedge of such scheduled passage. Failure

A Consider the provision of additional compensation/bonuses and security measures

(maritime security escorts and/or security personnel on-board) on top of those mandated.

5. Consider to divert the voyages of ships to avoid the Red Sea, the Gulf of Aden,

and surrounding areas/waters.

I Implementation of the "Right to Refuse Sailing" for seafarers

DEPARTMENT OF MIGRANT WORKE eneral Services Divisio Administrative Service LMAs and their accredited principals/employers shall ensure the proper implementation of the decision of seafarers to invoke their "Right to Refuse Sailing" in identified High-Risk and War-Like Zones through the following measures:

Date: March 27, 2024 RECEIVED By:RICHIE M.GOEVARRA Time:12:50 P.M CONTROLLED AND DISSEMINATED By: DMW General Services Division on March 27, 2024

A . Ensure that matters relative to current ITF/IBF declared High-Risk and War-

Seafarers in accordance to the existing policy of the Department. Like Zones have been explained to the seafarers prior to their deployment including the conduct of the mandatory Anti-Piracy Awareness Training for

2 Provide Filipino seafarers on-board with the means to make informed decisions

by informing them of the scheduled passage of the ship to the identified with their voyage areas/zones and their rights and entitlements should they consent to continue

3 Ensure the immediate and safe repatriation of seafarers who will invoke their

right to refuse sailing in said areas/zones.

4 Allow seafarers to freely decide to refuse sailing in the said areas/zones without discrimination and prejudice to their present and future employment.

5. Provide seafarers with the Confirmation of Refusal to Traverse the Red Sea, their intent not to join the voyage in the said areas/zones. or Gulf of Aden, and/or to Other War-Like and High-Risk Zone to formalize

6. Inform seafarers that they may access said Confirmation Form through the official website of the DMW at www.dmw.gov.ph along with additional information on their rights and entitlements.

7 Ensure seafarers will be able to freely submit said Confirmation Form the LMA and the principal/employer. directly to the DMW through email [email protected], copy furnished

8. Report within 24 hours to the DMW-Seabased Accreditation Bureau through voyage in the said areas/zones, together with the accomplished Confirmation email: [email protected], the decision of the seafarer to not join the Form and updates relative to their repatriation.

IN HOTLINES

LMAs and their accredited principals/employers shall also apprise their seafarers of contact the DMW for any concerns: the following contact details of the DMW and ensure that they have free access to

Telephone Number (02) 1348 (One Repatriation Command Center) (02) 8722-11-44; (02)8722-11-55

Email [email protected]

For the information and guidance of all concerned

City of Mandaluyong, 21 March 2024

NANS LEO J.CACDAC Officer-in-Charge

CONTROLLED AND DISSEMINATED By: DMW General Services Division on March 27, 2024

Annex A

CONFIRMATION OF REFUSAL TO TRAVERSE THE RED SEA OR GULF OF

ADEN AND OR TO OTHER WAR RISK/LIKE AND HIGH-RISK ZONES

I, (name of seafarer), (position) of (name of vessel) (IMO/Official No.) deployed by Philippine Licensed Manning Agency (LMA), (name of Philippine LMA)

hereby express my refusal to traverse the Red Sea and/or Gulf of Aden and/or the to its accredited principal/employer (name of accredited principal/employer)

War Risk/Like Areas and High-Risk Zones. As a Filipino seafarer, my safety is top priority and these areas pose significant risks that I cannot ignore

Please acknowledge receipt of this statement of refusal with the assurance that my decision will be respected without any negative repercussion to my employment or prospects of future employment.

I am executing this confirmation this (day) day of (Month) (Year)

(Name of seafarer) (signature)

Acknowledged/Approved by:

(Name of Master) (signature

CONTROLLED AND DISSEMINATED By: DMW General Services Division on March 27, 2024