TEN-POINT AGENDA
FOR THE PROTECTION AND EMPOWERMENT OF THE MIGRANT SECTOR

Philippine Migrants’ Rights Watch

For more than three decades, the Philippines has witnessed the migration of hundreds of thousands of overseas Filipino workers (OFWs) to take up work in other countries. While there are economic benefits from overseas employment, there are attendant social costs such as the abuse, maltreatment, and discrimination of Filipino migrant workers and the psycho-social impacts of the separation of family members.

In view of President Gloria Macapagal-Arroyo’s commitment to “good governance,” we, the members of the Philippine Migrants’ Rights Watch, call on the Macapagal-Arroyo administration to define its policy and outline its programs to promote the protection and empowerment of the migrant sector. Towards this end, we strongly recommend the Administration to consider the following areas for action:

1. UPHOLDING THE STATE’S POLICY OF NOT PURSUING OVERSEAS EMPLOYMENT AS A DEVELOPMENT STRATEGY

The Migrant Workers and Overseas Filipinos Act or Republic Act 8042, Section 2c provides that: “…the State does not promote overseas employment as a means to sustain economic growth and achieve national development.” However, overseas employment continues, with the government now set on deploying one million workers overseas, we deplore the government’s reliance on overseas employment as an approach to economic development. In this regard, we therefore urge the government to commit itself to the policy and plan of action for national development, particularly pertaining to the generation of domestic employment and human resources development. If the government is indeed committed to veer away from overseas employment as a development strategy, we would like to see more concrete policies and steps toward more sustainable alternatives.

2. PRIORITIZING THE PROTECTION OF OVERSEAS FILIPINO WORKERS AND THEIR FAMILIES

The primary objective of Republic Act 8042 can be gauged from its full title: “An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress and for other purposes.” We urge the government to implement policies that would indeed establish a higher standard of protection and promote the empowerment of migrants and their families. We are alarmed with the provision in Sections 29-30 on deregulation and phase out, “whereby the migration of workers becomes strictly a matter between the worker and his [and her] foreign employer.” Such a move will not redound to more protection of OFWs. Deregulation would only be sensible and effective in an environment where there is perfect information available to OFWs and prospective migrants and where overseas migration is taken as an option. Our level of development is such that migration is more of a push phenomenon rather than an option for Filipinos. Until then, government regulation of the migrant industry is critical to protect migrant workers from abuse and exploitation. There is also a need to review the continued deployment of workers to countries which are high- and medium-risk areas, as well the continued deployment of workers in high-risk occupations. Moreover, the government should muster the political will to implement existing laws that will better protect OFWs.

3. IMPROVING/ENHANCING GOVERNMENT’S SERVICES AND RESOURCES FOR OFWS AND THEIR FAMILIES

Migrants’ remittances have saved our economy from further decline as our economy moved from one crisis to the next, and yet services and resources allotted for the migrant sector have not been very responsive to their needs. We therefore call on government to improve the delivery of programs and services and increase its budget and resource allocations for the migrant sector. Among other areas in need of improved services and resources are prompt and thorough investigation of abused migrants, and assistance for abused and/or detained migrants abroad and victims of trafficking. In particular we call on the OWWA to stick to the law for the collection of contributions, to be more judicious in its use of funds and to be committed to address the needs of the OFWs and their families through an improvement of its education and training programs, seafarers’ upgrading program, credit/loaning program, self insurance coverage program, which includes life insurance, burial benefit and disability and dismemberment benefits, and reintegration program.

4. PARTICIPATION OF THE MIGRANT SECTOR AND CIVIL SOCIETY IN GOVERNANCE

Republic Act 8042, Section 2h, recognizes the role of civil society: “Non-governmental organizations duly recognized as legitimate, are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare. The State shall cooperate with them in a spirit of trust and mutual respect.” The implementation of this particular provision has been somewhat limited and selective. We urge the government to involve civil society and migrants themselves in developing, implementing and reviewing policies and programs related to the migrant sector. We encourage the government to be transparent and consult the stakeholders of any projects they have for the migrants before implementation.

5. IMPLEMENTATION OF GENDER-SENSITIVE PROGRAMS AND APPROACHES

In recognition of the contribution of overseas migrant women workers and their particular vulnerabilities, Republic Act 8042, Section 2d states that: “the State shall apply gender-sensitive criteria in the formulation and implementation of policies and programs affecting migrant workers, and the composition of bodies tasked for the welfare of migrants.” Thus far, the operationalization of this provision has been very limited. Considering that (a) women comprise the majority of the new hires deployed every year, (b) their concentration in vulnerable occupations (household workers and entertainment), and (c) their greater vulnerability to being trafficked, we cannot over-emphasize the importance of gender sensitivity in policies and programs concerning migrant workers. There should also be more conscious efforts to assign gender-sensitive personnel in Philippine embassies and consulates.

6. MORE ATTENTION TO ISSUES AFFECTING FILIPINO SEAFARERS

The Philippines is the world’s manning capital, being the source of 20 percent of the world’s seafarers. Recently, the country has been included in the “White List” of the International Maritime Organization. However, some policies and practices have eroded and threaten to erode the protection of Filipino seafarers. The government must address policy decisions and measures which work against the general interests of Filipino seafarers - e.g., the new standard employment contract, the application of local wages to Filipino seafarers working for international-bound Filipino flagships, registration of seafarers, blacklisting and watch listing, protection of seafarers in case of abandonment or bankruptcy of principals, among others.

7. PURSUIT OF MORE BILATERAL AGREEMENTS AND MOUS WITH COUNTRIES WHERE FILIPINOS WORK

The Philippines signed 22 bilateral labor agreements and MOUs to date; nevertheless, not all of them seem to pursue the interests of OFWs. The government should continue to pursue bilateral arrangements and MOUs with destination countries. These diplomatic arrangements must ensure that Filipinos’ welfare and rights are protected and upheld. The government should also continue to explore and forge regional cooperation to promote the protection of OFWs.

8. PROVIDING INTERVENTIONS FOR THE WELFARE OF MIGRANTS’ FAMILIES

Programs for OFWs should consider the needs and vulnerabilities of the families of migrant workers. Presently, policies and programs assume as if the migrants are the only ones who act and are affected by overseas employment. There should be more conscious attempts to provide assistance and enabling programs in support of the families left behind.

9. STRENGTHENING RE-INTEGRATION PROGRAMS FOR RETURNING MIGRANTS

Re-integration is the weakest area in the country’s overseas employment program. Although socio-economic re-integration policies and programs are in place, their reach and effectiveness had been limited. The government needs to address the challenges of re-integration considering that return migration is a given. There should be a facilitation of re-integration of returning OFWs by favorable terms of investment, tax incentives, access to government financial institutions and other benefits that are offered to foreign investors. Moreover, reintegration should have a wholistic approach which considers the social, economic and psycho-social aspects.

Related to the issue of reintegration are social security programs for migrants. OFWs contribute significantly to our economy while they are abroad, but they can not avail of assistance and benefits upon their return. The government should explore social security schemes that take into account the special needs and conditions of OFWs and their families.

10. CERTIFICATION OF PRIORITY BILLS AND RATIFICATION OF INTERNATIONAL CONVENTIONS IN THE INTEREST OF OVERSEAS WORKERS AND MIGRANTS

We urge the Macapagal-Arroyo administration to prioritize the following legislative measures:

a. Amendments to Republic Act 8042, particularly provisions aimed at protecting the rights and welfare of OFWs (e.g. money claims, illegal recruitment, economic and social re-integration);

b. Amendments to the Foreign Service Act, particularly provisions that enjoin our embassies and consulates to serve the interests of Filipino nationals overseas

We urge the Macapagal-Arroyo administration to always consider as crucial the political participation and representation of the migrant sector.

We urge the Philippine government to ratify the ILO Convention 181 (C181 Private Employment Agencies Convention, 1997).


As of 2006