STOP CORRUPTION IN PHILIPPINE MARITIME EDUCATION, TRAINING AND CERTIFICATION...
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MARINA AND CHED OFFICIALS, PLEASE INTERPRET THE STANDARD OF TRAINING, CERTIFICATION AND WATCHKEEPING (STCW) FOR SEAFARERS IN GOOD FAITH IN ACCORDANCE WITH THE ORDINARY MEANING GOVERNED BY THE VIENNA CONVENTION ON THE LAW OF TREATIES.
Portion of the last paragraph of STCW Foreword, state: “The Convention and part A of the Code form a binding treaty between States, the interpretation of which is governed by the Vienna Convention on the Law of Treaties”.
It was clearly mentioned in the Foreword of STCW that the interpretation of Part “A” of the STCW Code must be governed by Article 31 of Vienna Convention on the Law of Treaties contrary to what MARINA and CHED is doing making BSMT and BSMarE a five (5) years course with a commercial training known as OLC and MLC.
In contrast, the STCW mandatory minimum requirement of age for certification of officer in charge of navigational watch and officer in charge of engineering watch must not less than 18 years old. If we have to consider MARINA and CHED interpretation, the minimum age after graduation is 21 and if a student undergo a 1 year apprenticeship program, they can become officer in charge at age of 23-24 years of age, a difference of 5-6 years if IMO Model Course 7.03 and 7.04 designed by the International Maritime Organization is adopted with a minimum of 1 year studies either to be taught at K11 or K12.
Article 50 of Vienna Convention on the Law of Treaties, states:
Corruption of a representative of a State
If the expression of a State’s consent to be bound by a treaty has been procured through the corruption of its representative directly or indirectly by another negotiating State, the State may invoke such corruption as invalidating its consent to be bound by the treaty.
Now, portion of Article 31 of Vienna Convention on the Law of Treaties, states:
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:
(a) any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty;
(b) any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.
Whereas, Maritime Industry Authority (MARINA) and Commission on Higher Education (CHED) published the List of their accredited Maritime Schools to offer five (5) years course for BSMT and BSMarE for SY 2017-18, likewise, MARINA continued to commercialized the IMO Model Courses 7.01; 7.02; for Management Level known as Management Level Course (MLC) and IMO Model Course 7.03 and 7.04 for Operational Level known as Officer-in-charge Level Course (OLC) making it as an additional interpretation and becomes the root or source of corruption contrary to Vienna Convention on the Law of Treaties..
Whereas, I strongly urge the Philippine legislative and executive branch of government including more or less 1.4 million Filipino seafarers to fight and stop this form of corruption in our maritime industry; abolish these commercial five (5) years education including commercial MLC and OLC training, but interpret the STCW in accordance with Article 31 of the Vienna Convention on the Law of Treaties.
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