Along with this increase is the dramatic rise of mysterious deaths and all sorts of abuses committed against overseas Filipino workers (OFWs) who remained virtually unprotected and their basic rights systematically violated with impunity in most countries of destinations. Countless among them continue to experience all sorts of abuses and exploitation, especially Filipino women migrants.
Notwithstanding the risks entailed, the exodus of Filipinos for overseas work is expected to continue mainly due to job scarcity and poverty at home. For the last two decades, overseas placement has outpaced new job generation in the country.
And while the 7 million OFWs represent a huge section of Filipinos at risk, they also constitute a vast reservoir of human resources that can substantially contribute to national development. Overseas income has kept the Philippine economy afloat, with billions of dollars poured into the local economy in annual salary remittances (US$7 billion in 1996 and 1997; US$5 billion in 1998). A significant percent of Filipino professionals are working overseas as doctors, nurses, scientists, computer and information specialists, economists and educators. Millions of our skilled workers are abroad working on fixed contract employment. Billions of dollars in OFW savings can be invested in agriculture to spur the rural economy and in light manufacturing and local industry.
Labor migration situation has reached near-crisis proportion because we have so many Filipinos spread out widely around the globe but where protective measures to ensure their well-being are very much-lagging behind, wanting and indeed inadequate.
The challenge therefore for the Philippine government is how to genuinely develop the national economy so that labor migration does not become a forced option for many Filipinos, so that Filipinos would opt to stay behind to work here and become direct active players and contributors to the Philippine economy. Specifically, there is a need for a national employment program that will formulate and guide the country's employment requisites, both locally and overseas, towards a national economic program that is pro-people and empowering of the basic masses.
In the meantime, it is imperative that government devises and implements protective measures in terms of national and international human rights instruments that could effectively shield our OFWs from the perils that come their way overseas. One such measure is the passage of RA8042 in 1995. Unfortunately, the law has failed thus far in curtailing abuses committed against our OFWs.
It is in the spirit of crafting more effective protective mechanisms for our OFWs that we in Kakammpi are participating in the conference to review said law. Kakammpi, does not in any way, promote or endorse labor migration.
The Philippine government must do away with the prevailing labor export program in favor of a people-oriented migration policy that would give the HIGHEST PRIORITY in the rights, economic upliftment and social development of Filipino migrants and their families while providing avenues for their meaningful participation in national development particularly in the fields of governance, policy development, business, agriculture, health, science and technology.
It should not promote overseas employment. Instead, it should work towards developing a policy on international migration that is developmental and progressive that:
Sec. 3. Definitions.
a. "Migrant worker" -mention explicitly sea-based and land-based OFWs; and, to include members of their families where applicable.
Sec. 4. Deployment of Migrant Workers. The State shall ALLOW deployment ...
-Delete (d) because it is a catch-all phrase; it renders the first three conditions useless.
-For the IRR (Implementing Rules and Regulations), the DOLE and DFA must spell out the guidelines for satisfying the minimum standards in reference to conditions (a), (b) and (c) which shall be used as basis for categorising countries of destinations.
Sec. 6. Illegal Recruitment. Definition.
-Include recruitment of minor/ underage (as prescribed by law, there is a minimum age for overseas employment) in the prohibited acts;
-If human and sex trafficking can be included, YES. If not, enact another law to cover such.
Sec. 10. Money Claims.
-Include in joint and several liability, the GO/ POEA (who also "recruits" workers)
-Increase bond insurance for recruitment agencies; with option to place as bond their properties; amount of cash bond posted must be maintained at all times through an automatic replenishment scheme (within a 7-day period) upon garnishment of claim or else an automatic suspension of the agency shall be imposed;
-For bonds posted at NLRC, effect automatic renewal of such, with NLRC to be held liable for lapses;
-Delete "3-month" as maximum monetary reward for unjust termination; court must rule based on actual period covered.
-In the event that there is sufficient funds, payments for money claims must be effected immediately;
-To speed up resolution of migrant cases at NLRC:
Sec. 15. Services. Repatriation of Workers.
– What is the status of the fund? How was it spent thus far? How will appropriations be to maintain a running balance of P100M. Guidelines must be clear and known to all interested parties.
Sec. 17. Establishment of re-placement and Monitoring Center.
-"The DOLE, OWWA and POEA shall, within 90 days from the effectivity of this Act, formulate a program that would motivate migrant workers to plan for productive options ..." What is the program? What is the status of the program? Have the migrant workers availed themselves of this service?
Sec. 19. Establishment of Filipino Centers.
-(d) delete "compel"; use "encourage" or "enjoin"
Sec. 20. Access to Information.
-Implement full disclosure and transparency policy.
Sec. 25. Legal Assistance Fund.
-There must be provision for replenishment of this fund. Similar to the repatriation fund, legal assistance fund thereafter must be appropriated through the general appropriations fund.
Sec. 29. Deregulation and Phase Out. Comprehensive Deregulation Plan on Recruitment Activities.
-Delete this section because it is ambiguous as it is unconstitutional because it contradicts the policy of full protection for its citizens.
Deployment of skilled and unskilled workers: Total or selective banning/ deployment does not seem to work. Thus, instead of resorting to punitive measures which do not at all break the vicious cycle of forced migration, we advocate for voluntary repatriation program to progressively reduce (by at least 10% annually) the number of Filipino migrants in countries categorized as high- and medium-risk areas. Incentive packages and support services upon return would be a more effective way of attracting back our OFWs who are under deplorable working conditions and situations abroad.
A public investment program for OFWs should be explored. The priority would be for voluntary repatriation program.
Further, government must embark on a program for formal education, for skills training, upgrading and health development.
GO-NGO Productive Partnership: It is imperative that NGOs maintain their independence from GOs and their role as fiscalizers; Conversely, GOs should observe transparency, accessibility and sensitivity towards NGOs and the public. There is a need to create mechanisms that will bridge NGO-GO initiatives. NGOs are good vehicles for GOs adopting programs along the same line as NGOs. (This paves the way for the "withering away" of NGOs later.)
Submitted to the Department of Foreign Affairs for the Conference on RA 8042.
August 24, 1999.
DFA, Manila.
Reference:
Text of RA 8042
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