Unauthorized Migration and Trafficking
In this workshop, Atty. Viveca Catalig of the Philippine Overseas Employment Authority provided important information to the group as the resource person for the theme, Unauthorized Migration and Trafficking.
Problems
Atty. Catalig explained that POEA works under a framework of law and stated that it is not the policy of the government to export people. In the Anti-Trafficking law, POEA’s mandate is to inform and educate through advocacy. They conduct pre-employment orientation seminars (PEOS) and anti-illegal recruitment seminars and use a module on anti-trafficking. The government agency approaches the issue of unauthorized migration and trafficking in two ways: preventive and remedial. The preventive approach is done through information education seminars, travel advisories and the like while the remedial approach is through free legal assistance to the victims. NGOs, the academe and law enforcement agencies also coordinate with POEA to eradicate unauthorized migration and trafficking.
It was discussed that POEA would not know about the illegal recruiters unless somebody reports it since monitoring is only done on legal agencies. They have a record of licensed agencies with cases of illegal practices. The owners of such agencies cannot put up new agencies unless they are cleared of their cases.
The participants shared their insights and concerns on the subject as well. One mentioned that in a meeting with OWWA welfare officers to be deployed overseas, it was found out that these officers were not even aware about the Philippines’ Anti-Trafficking Law. How, then will this law be properly implemented when even people responsible for the care of our OFWs are unaware of it?
The discussion also brought out fixed marriages in Korea involving agencies here. We are still deploying entertainers to Korea although the labor attaché has to verify first if the women are really performing in performance venues. In addition, fake marriage arrangements between a Filipina and a Japanese national is rampant and should be looked into for this is seen as a possible way for our women to be trafficked overseas. There were also Filipino women who were found to have used spouse visas to be able to work as entertainers. One even had to pay a Japanese national to marry her and later divorce him in Japan.
Women returnees from Japan present in the workshop group shared some experiences they had while working as “entertainers.” One returnee shared that in the seven times she went to Japan, she was able to dance only once. Some said they were asked to work in clubs and not in hotels as stipulated in their employment contracts. Their responsibilities did not end with singing and dancing but they were also required to entertain guests by sitting down with them which is also illegal in Japan. They were also asked to go out on dohan or afternoon dates with customers whom they will bring to the club in the evening for the club to earn more and for the women to earn points with a corresponding commission. Their salaries were also given at the end of the six-month contract and they were penalized if they gained weight. They experience physical confinement and their movements are closely monitored and controlled by their employers. It seems that the club owners know when the authorities would come and visit the club. Those are the times when owners ask the entertainers to perform on stage only, instead of sitting down with the customers. It was also mentioned that it is more risky for entertainers to work in the cities in Japan. That’s why so many of them prefer to work in the provinces.
It was also mentioned that the POEA only responds to reports or complaints by the victims but some participants noted that it’s already a common knowledge that our women are violated in their work places like in Japan. The POEA, therefore, should already take action and not wait for these women to complain. In fact, some returnees shared during the discussion that they were not even well-informed by their agencies on what to do in such instances and they also feared retaliation from their employers. Their passports were confiscated upon their arrival in Japan so they could not take the risk of running away to complain without proper documents. They noted the fact that many clubs in Japan are located far from government posts (in Osaka and Tokyo only) so it was almost impossible for them to spend and travel to seek help. And in many cases, victims are reluctant to complain to the Philippine Embassy.
Recommendations
With the passage of the Anti-trafficking law in 2003, it was recommended that the government conduct a review of deployment, especially in Japan and particularly of women. Information is very important both for the workers and the government and so government offices should be aware of the work places and address the issues and problems involved.
It was also mentioned that POEA could not respond to cases in Japan unless the labor attaché reports it to them. Once a violation is reported to POEA, then that’s the time for them to initiate an investigation. The OFWs must report unjust cases in order to be given aid.
The group proposed that civil society continue the information campaign on the issues of unauthorized migration and trafficking with “critical” collaboration with government agencies concerned as provided by law. People need to be educated about illegal recruitment too.
Finally, the group recommended that OFWs advocate for regular and gainful employment in the Philippines. |
