‘Despite the fact that his physique has succumbed to the very sickness he suffered for 9 months whereas at sea, I hope his story serves as a testomony to dignified resilience,’ says the spouse of a Filipino seafarer who might have presumably modified the course of life for others like him
MANILA, Philippines – A Filipino seafarer efficiently satisfied the Netherlands Institute for Human Rights to subject an opinion that each one nationalities aboard Dutch ships should obtain the identical pay for a similar work. Nonetheless, the seafarer died three months earlier than seeing victory.
“The Board concludes that the shipowner has no legitimate cause for the oblique discrimination. This establishes that the shipowner discriminated towards the Filipino seafarer primarily based on his nationality and race in his remuneration,” the Institute mentioned in its judgment issued on August 18.
The Netherlands Institute for Human Rights acts as an advisor to the federal government, and though its judgments should not strictly legally binding, it claims that almost all organizations take motion to comply with its rulings. It has, actually, requested the shipowners to state in writing what they “will do to stop an identical state of affairs from occurring sooner or later.”
“We hope that the Dutch shipowners take these choices of the Institute significantly and implement the advisable modifications. It’s lengthy overdue to finish this discrimination towards a class of seafarers, solely primarily based on their nationality and/or race. Ought to they not change their practices, we’ll implement it by way of the courts,” mentioned the Equal Justice Equal Pay Basis, which led this swimsuit.
When Rappler talked to the Filipino seafarer in 2024, he confirmed us his prognosis for “continual lacunar infarct,” a sort of stroke from blocked small arteries within the mind. He mentioned it could have almost definitely been a results of engaged on a chemical tanker for years. He additionally informed us the story of getting a stroke on board the ship, the place he works as a cook dinner, however receiving insufficient medical response from the shipowners.
“My life is now shorter…. If I die, they’ll proceed this case for the way forward for not simply seafarers but in addition land-based [migrant workers],” he informed us in October 2024. He died on Might 19, 2025, earlier than seeing the victory that will have presumably modified the course of life for different Filipino seafarers like him.
In a letter written by his spouse to tell the Institute of his loss of life, she mentioned: “Our youngsters, [ages 11 and 3], need to develop in a world the place discrimination is a factor of the previous, a topic they research from the colonial previous — particularly the sort that exists solely to bypass our aspirations to equality.”
“Despite the fact that his physique has succumbed to the very sickness he suffered for 9 months whereas at sea, I hope his story serves as a testomony to dignified resilience,” his spouse mentioned.
Landmark case
It’s a landmark case as a result of Dutch ships have been paying Filipinos, in addition to Indonesians and Ukrainians, lower than their European counterparts. Dutch ships comply with the nation of residence precept, underneath which the corporate can declare that the decrease pay is proportionate to the decrease price of residing within the Philippines.
This apply is emboldened by a 1997 judgment by the Institute’s predecessor, the Equal Therapy Fee, which declared this precept an allowable oblique discrimination. Dutch regulation offers an exemption to its equality act in such a approach that oblique discrimination could also be justified. Shipowners mentioned the nation of residence precept is justified as a result of it was vital to guard the viability of the maritime sector.
However for this judgment, the Institute mentioned circumstances have modified within the final 30 years.
“The [Equal Treatment Commission] famous that the result of the assessment might change if related circumstances modified. The Board now finds that these circumstances are certainly completely different — virtually 30 years later,” mentioned the Institute.
“The shipowner fails to exhibit that there are distinctive circumstances why he should pay the person lower than European seafarers. The shipowner and the social companions declare that the maritime sector would collapse if this have been now not permitted, however they don’t substantiate this declare,” the Institute added.
‘We’re not slaves’
Earlier than he died, the Filipino seafarer was capable of ship his assertion personally to the Institute.
He mentioned there: “‘Di ko man gamay ang mga batas na inyong pinagtatalunan, hindi komplikado ang isyu sa utak ko at sa lahat ng mga katulad ko — tao rin kami. ‘Di kami alipin. ‘Di kami animal.”
(Despite the fact that I is probably not an knowledgeable of the legal guidelines you’re debating, the problem is just not sophisticated in my head and within the heads of others like me — we’re people. We’re not slaves. We’re not animals.)
He had requested the Institute in Filipino, “If I have been working on the Institute, will we be debating why I get lower than half than my Dutch colleagues?”
“Is it due to the place I come from? Is it due to my pores and skin shade? Is it as a result of the corporate wants to extend its income,” he had informed the Institute.
In its judgment, the Institute famous that the Netherlands is a signatory to the 2006 Maritime Labour Conference of the Worldwide Labour Group.
The conference features a guideline that claims “equal remuneration for work of equal worth ought to apply to all seafarers employed on the identical ship with out discrimination primarily based on race, shade, intercourse, faith, political opinion, nationwide origin, or social origin.”
“Though this provision is just not binding, it establishes the precept of ‘equal pay on the identical ship’ as a tenet within the treaty,” mentioned the Institute.
The seafarer’s spouse mentioned: “Like hundreds of thousands of Filipinos, I, too, was a seafarer. His story is my very own. Many within the Philippines watch his case and have pinned their hope on him. The injustice achieved to him is ours to bear.”
– Rappler.com
