Domestic Challenges Encountered by the Philippines in Ratifying the Cape Town Agreement of 2012
Fishing remains one of the world’s most dangerous professions, with thousands of lives lost annually due to inadequate safety standards. The 2012 Cape Town Agreement, adopted by the International Maritime Organization (IMO), seeks to address this by establishing global safety requirements for fishing vessels of 24 metres and longer. These standards cover design, construction, equipment, and inspections, aiming to protect fishers and combat illegal, unreported, and unregulated (IUU) fishing. Despite its potential to save lives and promote sustainability, the agreement has not yet entered into force globally, requiring ratification by 22 states with a combined total of 3,600 eligible vessels. As of early 2025, only 23 states, including the Philippines, have ratified it, but the vessel threshold remains unmet.
For the Philippines, a nation heavily reliant on its fishing industry, ratifying the agreement could transform maritime safety and align with global efforts to curb IUU fishing. Yet, progress has been slow. Domestic challenges—ranging from legislative delays to economic constraints and stakeholder resistance—have made ratification a complex endeavour. Understanding these barriers offers insight into why this critical treaty remains an elusive catch for the Philippines and highlights broader lessons for international maritime governance.
The Importance of the Cape Town Agreement
The fishing sector is a cornerstone of the Philippine economy, employing over 1.6 million people and contributing significantly to food security. However, the industry faces persistent safety issues. Many vessels lack proper life-saving equipment, fire protection, or communication systems, increasing risks for fishers operating in often hazardous conditions. The Cape Town Agreement addresses these gaps by mandating standards that enhance vessel stability, seaworthiness, and crew safety. Beyond protecting lives, it supports port state measures to monitor substandard vessels, reducing IUU fishing and its associated environmental and economic harms.
Ratification would position the Philippines as a leader in regional maritime safety and sustainability. It could also strengthen trade by ensuring compliance with international standards, particularly in markets like the European Union, which prioritise responsibly sourced seafood. However, despite these benefits, the Philippines has struggled to translate commitment into action, with domestic factors creating significant roadblocks.
Legislative and Administrative Hurdles
Adopting an international treaty requires alignment with national laws, a process that demands coordination across multiple government agencies. In the Philippines, this task falls primarily to the Maritime Industry Authority (MARINA) and the Department of Transportation, with input from the Department of Agriculture’s Bureau of Fisheries and Aquatic Resources. Translating the agreement’s technical requirements into domestic legislation involves drafting new regulations or amending existing ones, a time-consuming process given the country’s complex bureaucratic system.
Delays often stem from competing priorities within the government. The Philippines faces a range of pressing issues—poverty, infrastructure development, and disaster response—that frequently overshadow maritime safety reforms. Limited legislative bandwidth means bills related to the Cape Town Agreement may languish in Congress, where debates over funding and enforcement take precedence. Additionally, inter-agency coordination can falter, as departments navigate overlapping mandates and differing agendas. For instance, while MARINA focuses on vessel safety, the Bureau of Fisheries prioritises economic output, creating potential misalignment in policy goals.
These administrative challenges are compounded by capacity constraints. Developing regulations requires expertise in maritime law and technical standards, yet the Philippines lacks sufficient personnel trained in these areas. Without dedicated resources, the process of drafting, reviewing, and passing legislation stalls, leaving ratification in limbo.
Economic Constraints and Industry Pushback
Implementing the Cape Town Agreement carries significant costs, particularly for a developing nation like the Philippines. Upgrading fishing vessels to meet safety standards—installing life-saving appliances, improving stability, or retrofitting communication systems—requires substantial investment. For small-scale fishers, who dominate the industry, these expenses are often prohibitive. Many operate on razor-thin margins, relying on outdated vessels that barely meet current regulations, let alone international benchmarks.
Government subsidies could ease this burden, but public funds are stretched thin. Allocating resources to maritime safety competes with other urgent needs, such as healthcare or education. Without financial support, fishers may resist compliance, fearing loss of livelihoods. This tension is evident in stakeholder consultations, where industry groups have voiced concerns about the agreement’s economic impact. Large-scale operators, while better equipped to absorb costs, also hesitate, wary of reduced competitiveness in a price-sensitive market.
Resistance extends beyond economics. Some fishers perceive the agreement as an external imposition, disconnected from local realities. Cultural attitudes towards safety practices can also play a role, with traditional methods sometimes prioritised over modern standards. Convincing stakeholders of the long-term benefits—fewer accidents, better market access—requires extensive outreach, yet awareness campaigns have been limited by funding and logistical constraints.
Political and Governance Dynamics
Political will is a critical factor in treaty ratification, and in the Philippines, it has been inconsistent. While successive administrations have expressed support for maritime safety, translating rhetoric into policy action is challenging in a political system marked by competing interests. Elected officials often prioritise short-term gains—projects that deliver visible results before the next election—over long-term reforms like the Cape Town Agreement, which may not yield immediate political capital.
Corruption and governance issues further complicate the process. The Philippines has made strides in improving transparency, but inefficiencies persist in public administration. Funds allocated for maritime safety initiatives may be mismanaged, and regulatory enforcement can be uneven, particularly in remote coastal areas where oversight is weak. These governance gaps undermine confidence in the government’s ability to implement the agreement effectively, dampening momentum for ratification.
Regional dynamics also influence priorities. The Philippines’ maritime disputes in the South China Sea dominate foreign policy discussions, diverting attention from international agreements like the Cape Town Agreement. While not directly related, the focus on territorial sovereignty overshadows efforts to align with global maritime standards, limiting diplomatic and legislative resources.
Social and Cultural Barriers
The human element cannot be overlooked. Fishers in the Philippines often belong to marginalised communities, with limited access to education or advocacy platforms. Raising awareness about the agreement’s benefits—safer working conditions, reduced risks—requires tailored communication that resonates with these groups. However, outreach efforts have been sporadic, hampered by language barriers and geographic isolation. Many fishers operate in far-flung areas, where access to information and training is scarce.
Cultural attitudes towards risk also play a role. Fishing communities may view accidents as an inherent part of the job, accepting dangers rather than advocating for change. Shifting these mindsets demands sustained engagement, yet government and non-governmental organisations face challenges in reaching these populations consistently. Without grassroots support, the push for ratification lacks a critical voice, making it harder to build momentum.
Pathways Forward
Overcoming these challenges requires a multi-faceted approach. Strengthening legislative capacity is a priority. Streamlining inter-agency coordination and investing in technical expertise could accelerate the development of enabling laws. International support, such as IMO’s technical assistance programmes, could bridge gaps in knowledge and resources, helping MARINA and other agencies align with global standards.
Economic barriers call for creative solutions. Phased implementation, allowing gradual compliance, could ease the financial burden on fishers. Public-private partnerships might also mobilise funding, with incentives for operators who adopt safety upgrades early. Engaging industry stakeholders through inclusive consultations—ensuring small-scale fishers have a voice—could reduce resistance and build buy-in.
Politically, framing the agreement as a win for both safety and economic growth may garner broader support. Highlighting its role in combating IUU fishing, a global priority, could align ratification with national interests, appealing to policymakers and the public alike. Meanwhile, targeted awareness campaigns, using local languages and community leaders, could shift cultural perceptions and empower fishers to demand safer conditions.
Conclusion
The Cape Town Agreement holds immense promise for the Philippines, offering a chance to enhance maritime safety, protect fishers, and strengthen global standing. Yet, domestic challenges—legislative delays, economic constraints, political dynamics, and social barriers—have slowed progress toward ratification. These obstacles are not insurmountable, but they require concerted effort, from policy reforms to grassroots engagement. As the Philippines grapples with these issues, the agreement remains an elusive catch, a reminder that even the most well-intentioned treaties must navigate complex local realities to take root. By addressing these challenges head-on, the Philippines can move closer to a future where its fishers sail safer seas, contributing to a more sustainable and equitable maritime industry.
References
International Maritime Organization, 2022. 2012 Cape Town Agreement to Enhance Fishing Safety. Available at: https://www.imo.org/en/MediaCentre/HotTopics/Pages/CapeTownAgreementForFishing.aspx
Pew Charitable Trusts, 2022. FAQ: How the Cape Town Agreement Can Improve Commercial Fishing Safety. Available at: https://www.pewtrusts.org/en/research-and-analysis/fact-sheets/2022/04/how-the-cape-town-agreement-can-improve-commercial-fishing-safety
Santos, M. D., & Barut, N. C., 2020. Philippine Fisheries: Challenges and Opportunities for Sustainable Development. Marine Policy, 115, p.103875.
Torres, A., & Yap, D., 2019. Governance Challenges in Philippine Maritime Policy Implementation. Journal of Southeast Asian Studies, 24(2), pp.145–162.
World Bank, 2021. Philippines Economic Update: Navigating a Challenging Recovery. Washington, DC: World Bank Group.
