Red Sea/Gulf of Aden: Filipino crew in warlike and high-risk areas

Following the recent Houthi attacks in the Red Sea, in particular the sinking of the Eternity C, the Department of Migrant Workers (DMW), the Philippine government department responsible for the protection of the rights and promotion of the welfare of Overseas Filipino workers, has issued Advisory No. 21, reiterating the strict requirements for all licensed manning agencies (LMAs) and their accredited foreign principals/shipowners to adhere to:

• Department Order No. 01, S. 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
  Issued 27th March 2024
• Department Order No. 02, S. 2024 – Prohibition for Filipino Seafarers On-Board Passenger/Cruise Ships to Sail in the Red Sea and the Gulf of Aden.
  Issued 24th April 2024
• Department Order No. 03, S. 2024 – Prohibition Against Deployment of Filipino Seafarers on Board Ships which Traversed Through ITF/IBF Designated Warlike and High-Risk Zones and Have Been Attacked.
  Issued 19th July 2024
• Advisory No. 16, S. 2025 – Amended List of the International Bargaining Forum (IBF) Warlike and High-Risk Areas
  Issued 10th June 2025

Key Points:

• Ship Rerouting and Compliance with Existing Orders
• Right to Refuse Sailing and Repatriation
• Mandatory Reporting
• Prohibition on Deployment to Previously Attacked Ships
• Appointment of Seafarers’ Welfare and Crisis Management Officers (SWACO)
   

FAQs: 

In view of the uncertainty surrounding the meaning, implementation, and impact of Advisory No. 21 for Shipowners, we are grateful to our friends at Del Rosario for answering the Club’s questions below: 
 

1. Does DMW Advisory No. 21 ban Filipino crew members from transiting the Red Sea and/or Gulf of Aden? 
   
   “Whilst passage in these areas is strongly discouraged, Advisory No. 21 is not an absolute prohibition to commercial ships carrying Filipino crew transiting the Red Sea and/or Gulf or Aden (except for passenger ships); however, there are very burdensome reporting, consent and reportorial requirements for shipowners who chose to transit these areas. 
   
   Notwithstanding the above, Advisory No. 21 does prohibit the deployment of Filipino seafarers to any vessel previously subjected to an attack and is traversing or intends to traverse the designated warlike and high-risk zones.”

    

2. What practical steps must a Shipowner take to ensure compliance with DMW Advisory No. 21? 
   
   “The Department Orders and DMW Advisory are directed at ‘all LMAs and their accredited principles/employers’, and therefore not just Shipowners. However, if vessels are passing through the Red Sea, the Gulf of Aden, and surrounding areas/waters, DMW issues the following guidelines for strict and faithful observance:
   1. Report the scheduled passage of ships and those Filipino seafarers on-board in the said areas/zones as a significant event in the OFW Welfare Monitoring System (OWMS) upon their deployment or knowledge of such scheduled passage.
   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. Consider the provision of additional compensation/bonuses and security measures (maritime security escorts and/or security personnel on-board) on top of those man-dated.
   4. Report to the DMW within 24 hours from knowledge of the scheduled passage measure to reroute the voyage and the reasons for failure to successfully divert.
   5. Shipowners, through their local manning agent, must report within 24 hours the list of those Filipino seafarers on-board who decided to continue their voyage to the DMW-Seabased Accreditation Bureau and OFW Welfare Monitoring System (OWMS), fur-nishing the latter copy of the Confirmation of Continued Voyage Onboard.  
   6. Provide the mandated additional compensation and security measures for Filipino seafarers who have agreed to continue with the voyage in said areas.
   7. Adherence to established security protocols and on-board safety drills and measures.
      
      In addition to the above, the DMW now requires every manning agent have a Seafarer’s Welfare and Crisis Management Officer (SWACO) to be the designated focal person in cases of attacks.”
       

3. What is the “Right to Refuse” sailing and how should it be implemented? 

   “Seafarers have an absolute right to say no. Even if they have given their consent prior to de-ployment, they have a further opportunity to change their minds when consulted following the receipt of order to proceed through the high-risk area, and Shipowners are obliged to send them home.

   In order to ensure the proper implementation of the decision of seafarers to invoke their "Right to Refuse Sailing", the Shipowners and local manning agents (‘LMA’) shall:  

   1. ensure that matters relevant to current ITF/IBF declared High-Risk and WarLike Zones have been explained to the seafarers prior to their deployment.
   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 areas/zones.
   3. explain their rights and entitlements should they consent to continue with their voyage.  
   4. ensure the immediate and safe repatriation of seafarers who will invoke their right to refuse sailing in said areas/zones.   
   5. allow seafarers to freely decide to refuse sailing.  
   6. provide seafarers with the Confirmation of Refusal to Traverse the Red Sea to formalize their intent not to join the voyage.
   7. inform seafarers that they may access said Confirmation Form through the official website of the DMW.
   8. ensure seafarers will be able to freely submit said Confirmation Form directly to the DMW, copy furnished the LMA and the principal/employer. And,
   9. report within 24 hours to the DMW-Seabased Accreditation Bureau the decision of the seafarer to not join the voyage, together with the accomplished Confirmation Form and updates relative to their repatriation.”

4. What additional benefits and/or security measures are Filipino seafarers entitled to when transiting these areas? 

   “Under the DMW issuance (which echoes the IBF List), the Filipino seafarers are entitled to: 

   1. Bonus equal to basic wage, payable for 5 days minimum + per day if longer;
   2. Double compensation for death and disability;
   3. Right to refuse sailing, with repatriation at company’s cost and compensation equal to 2 month’s basic wage; &

   4. Mandatory requirement to increase security arrangements equivalent to ISPS Level 3.”  

5. What are the potential Legal Penalties for violation of Advisory No. 21 and/or the applicable DMW Department Orders? 

   “Under the Seabased Rules, the penalties are:

   1. fines and/or
   2. suspension or
   3. cancellation

   In cases of similar attacks or security crisis, DMW may place the local manning agency under immediate preventive suspension. This means that while under investigation, the local manning agency cannot process employment contracts, including those already pending, and cannot deploy onboard Filipino seafarers. 

   After investigation, the final penalties that may be imposed are suspension or cancellation of license. Serious consequences thereof include immediate suspension or termination of all activities of the local manning agents. Similarly, pending investigation, Shipowners may be automatically disqualified (delisted/blacklisted from DMW list), unless cleared by the DMW or the penalty imposed is lifted. 

   It is important to note that action taken against a single LMA has the potential to severely impact all that LMA’s foreign principals / employers, regardless as to whether they have complied with the rules / guidance.” 

6.  What recommendations would you have for Shipowners with Filipino seafarers considering transiting these areas? 

   “Shipowners are recommended to ensure strict compliance with these Orders.

   Notwithstanding full compliance, it is expected that the regulators will still point to the shipowners/principal/local manning agent and the legal liability would still attach should there be any untoward incident. Given the strict approach of the DMW, brought about by the recent attacks, and for practical purposes, it may be prudent for Shipowners with Filipino sea-farers onboard to review options to reroute or divert their vessels.”

   Please see Del Rosario’s website and latest Shipping update below for more information.