The Global Context and Migration - Center for Migrant Advocacy

THE PHILIPPINES: A GLOBAL MODEL ON LABOR MIGRATION?

Second Edition

THE PHILIPPINES: A GLOBAL MODEL ON LABOR MIGRATION? 1

Published by:

Center for Migrant Advocacy (CMA) Friedrich Ebert Stiftung (FES)June 2009



TABLE OF CONTENTS Page Number

Introduction 1

Message 5List of Acronyms

9Executive Summary

12

PART I Filipino Labor Migration: Trends,Issues and Concerns

←Philippine Realities19

←The Global Context 33

←Trends in Philippine Overseas Migration 2007-200840

PART II Revisiting the Dr. Alfredo J.Ganapin Advocacy Forum Series, 2004-2008

67

PART III Recommendations from the AJGFS104


PART IV Philippine Commitment to the HumanRights of Migrant Workers and Their Families

A. United Nations Conventions and Treaties 153B. International Labor Organization Conventions 154C. Bilateral Labor Agreements 157D. Bilateral Agreements on Seafarers' Certification169

E. Bilateral Social SecurityAgreements 188

F. Philippine Laws and Policies that Affect OFWs and Overseas

Filipinos 190G. Concluding Observations of the UN Committee on Migrant Workers195

INTRODUCTION

In October 2008, the Philippineshosted the second Global Forum on Migrationand Development (GFMD). Representatives from160 member-countries of the United Nations,international organizations and 220 civil


society organizations came together todiscuss key issues on migration anddevelopment. GFMD participants discussed theprotection of the rights migrant workersworldwide as one of the forum’s threeroundtable themes, which included Migration,Development and Human Rights, Secure andLegal Migration and Policy and InstitutionalCoherence and Partnerships.

The Philippines has been touted as aglobal model for labor export and was thefirst labor-exporting country to host theGFMD. It has been lauded by other labor-exporting countries for its handling of itslabor-export program. Several officials oflabor-exporting countries have actuallyasked the Philippine government to give thempointers in managing and developing theirlabor-export programs.

With some 8.7 million migrants,overseas Filipino workers (OFWs), andundocumented worker overseas who remit morethan 12 billion dollars each year, thePhilippine government has passed a number oflaws, instituted policies, and createdstructures for the purpose of serving theneeds of its overseas workers and theirfamilies. The Philippines is also a State


party to practically all international UNand ILO instruments that promote the humanrights of migrants.

In many cases, however, many Filipinomigrants still find themselves in vulnerablesituations and are unable to realize therights guaranteed by national andinternational instruments.

Is the Philippine government really a“model” for overseas labor exportmanagement? Does its laws and agencies trulyserve the needs of Filipino overseas workersand their families? Has the country beenable to draw on international instruments topromote their rights?

This publication seeks to unpack theconcept of a “global model” and examinePhilippine labor migration policies, notmerely in terms of the numerous laws,policies and international human rightsinstruments it has enacted and ratified butmore so in terms of the efficacy of thesepolicies to respond promptly and adequatelyto the situation of migrants throughout theentire migration cycle –prior to departure,on-site and upon return to the Philippines.


Part One presents the Philippine andinternational contexts of labor migration.

Philippine Realities discusses thepresent socio-economic and politicalsituation in the country. These realitieswill explain how the Philippines came to bethe world's third labor-exporting country.

Global Context of Migration takes offfrom the phenomenon of globalization anddiscusses the push and pull factors thathave both compelled and attracted millionsworldwide to become migrant workers.

Trends in Philippine OverseasMigration 2007-2008 specifically focuses onmajor developments that concerned Filipinomigrant workers within this period. Thispart provides information on the numbers anddistribution of migrant Filipinos to majordestination countries. It also touches onthe failure of government to curb excessiveplacement fees and illegal recruitment,challenging the idea of the Philippines as aglobal model for overseas migration. Thispart further raises a question on thequantity and quality of resources committedby the Philippine government towardsfulfilling its state responsibility to OFWs.


Lastly, it touches on the political rightsand right to family life of migrantFilipinos.

Parts II and III revisit the 18 publicforums that CMA and FES conducted in thepast five years (2004-2008). This sectiontakes a critical look at the compilation ofthe various resolutions, challenges andpromises that came out of the quarterly Dr.Alfredo J. Ganapin Advocacy Forum Series(AJGFS), bearing in mind the underlyingquestion of whether the Philippinegovernment indeed holds up as a global modelfor other labor-exporting states. A progressreport on the status of the variousrecommendations that came out is alsoincluded. This will serve as a guide post toadvocates and government alike on theirefforts to promote and protect the rights ofmigrant workers.

Part IV is an annotated listing of thePhilippine government’s commitment to thehuman rights of migrants at theinternational, bilateral and nationallevels. It enumerates the various UN andILO Conventions that the Philippines is aState Party to; the bilateral labor andsocial security agreements that it has


forged, and the major Philippinelegislations and policies that have beensigned and enacted. It also includes theConcluding Observations of the UN Committeeon the Migrant Workers Convention in itsfirst time session with the Philippines as aState Party to the Migrant WorkersConvention in April 2009.

We hope that the readers, especiallymigrants’ rights advocates-- in governmentand outside of it, will find this paperuseful in their work.

Finally, CMA thanks Wilma Rojas fordoing the final copy edit of the manuscript.Wilma is doing her field work with CMA inpartial fulfillment of her post-graduatecourse in the Department of Women andDevelopment Studies, College of Social Workand Community Development, University of thePhilippines in Diliman. Many thanks also toMaria Allyn Acosta, a daughter of an OFW inSaudi Arabia and our volunteer in CMA, forthe cover design.

Center for Migrant Advocacy June 2009Manila


MESSAGE

The Friedrich-Ebert-Stiftung (FES) isa German non-profit educational andpolitical foundation active in thePhilippines for the past forty-two years.Promoting participatory democracy, socialjustice and providing spaces for dialogue inenhancing international understanding, ithas established partnerships with varioussectors in the country and within theregion. Through cooperation with non-


governmental organizations (NGOs), laborgroups, the academe and the government, FESseeks to contribute in building a moreinclusive political system and a people-centered economic development. It is thusonly natural for FES to work with thecatalysts of development, i.e., the workingpeople. Among those, migrant workers meritsome special attention due to their role asdrivers of and, more often than not, victimsof an economic system that increasinglytranscends national borders.

As the number of overseas Filipinoworkers (OFWs) remains unabated, FES viewsits role in facilitating collaboration amongdifferent groups working with migrant issuesas essential. FES engages with actors incivil society and government in broadeningthe discourse on the current framework oflabor migration and in the fullimplementation of laws pertaining tomigrants.

In addressing gaps in theunderstanding and appreciation of labormigration issues by various groups - amongOFWs, migrant NGOs and other sectoralorganizations, government agencies, thediplomatic corps, the media and the public


at large---FES and the Center for MigrantAdvocacy-Philippines (CMA-Philippines)conducted regular briefings on migrationissues. By providing sharp analyses andpromoting sound recommendations forpolicymakers in both the national andinternational arenas, the FES-CMApartnership contributes in forging a broad-based cooperation among migrants andadvocates in the country and overseas.From 2005 until 2008, the quarterlydiscussions, the Dr. Alfredo J. Ganapin(AJG) Advocacy Forum Series, created a spacewhere stakeholders----government, non-government groups, competent resourcepersons and migrant workers---get togetherto discuss selected issues, examine theimpact on the migrant sector, and identifypossible responses of the variousstakeholders. Among the themes tackled inthe AJG Advocacy Forum Series include:GATS/Mode 4; Protection of the Rights ofMigrant Workers and the Role of Trade Unionsin Labor-Sending and Receiving Countries;Policy Issues on Skilled Migration: The Caseof Filipino Nurses; Pinay X-Abroad: TheHomecoming: Stories of Tears and Triumphs; AMigration Centennial Forum: MigrationProspects; OFWs, Trafficking and IrregularMigration; Filipino Seafarers; Economics of


Migration and the ASEAN Declaration onMigrant Workers.

The multi-dimensional process ofmigration is not random but rather embeddedin historical, political, social andeconomic relationships. Certainly thesedynamics pose enormous problems but theyalso allow for new opportunities. Thegreatest challenge has to do with the factthat in order to resolve local problems ortake advantage of certain opportunities,various actors, particularly governmentagencies, civil society representatives andorganization, must not maintain a parochialworldview but instead come up with agendathat are appropriate, innovative andinclusive. The increasing global economicrecession adds concerns as to how tosafeguard the migrant workers in theincreasingly flexible labor markets and howto support the successful reintegration ofreturning migrant workers to localeconomies.

FES considers the exemplary process bywhich the dialogues were conducted and wherevarious migration stakeholders were able toactively participate in the discussions. Theresults of the process do not entirelyrepresent the thoughts or plans of FES or


reflect the opinions of the foundation. FEScontinues to support the migrationstakeholders in the country because the jobof providing a safe workplace,representation for the interest of themigrant workers and their families andprospects for the individual and collectiveempowerment and development of workers bothat home and abroad is far from done. Wevalue the process we helped set underway andlook forward yet again to more opportunitiesfor constructive dialogues with otherstakeholders, the government agencies, civilsociety organizations and the private sectoron areas for collaboration and furtherdevelopment of policies urgently needed toprotect migrant rights.

------------------------------------

The Friedrich Ebert Stiftung (FES) isa German non-profit, private politicalfoundation committed to the concepts andbasic values of social democracy. The FESpromotes democracy and social justice withinthe context of national societies as well asinternational cooperation. Its projects givespecial focus on:

Promoting socio-political dialoguebetween various groups, in the


understanding that peace and democracycan only prevail on the basis ofsharing and compromising;

Empowering marginalized socialsectors and groups to represent theirinterests in areas of socio-economicand socio-political decision-making;

Exchange programs and internationalcooperation to build awareness ofglobal interdependence of states andsocieties and the need formultilateralism with fairparticipation.

FES is a German organization withactivities in more than 100 countries. Whileits headquarters is located in Bonn andBerlin, it maintains a network of branchoffices in some 80 countries. The regionaloffice is located in Singapore while the FESPhilippines Office coordinates regionalactivities on labor migration.


List of Acronyms

ACMW – Asean Committee on Migrant Workers AJGAFS – Dr. Alfredo J. Ganapin Advocacy

Forum SeriesAMEND – Alliance of Migrant Workers and

Advocates to Amend RA 8042ASEAN – Association of Southeast Asian

NationsBLAs – Bilateral Labor AgreementsCAR – Cordillera Administrative RegionCCTV – Closed-Circuit TelevisionCEDAW – Convention on the Elimination of

All Forms of Discrimination Against Women

CFO – Commission on Filipinos OverseasCHR – Commission on Human RightsCMA – Center for Migrant AdvocacyCOMELEC – Commission on ElectionsCOPPA – Comprehensive Orientation Program

for Performing ArtistsCLOAV – Certified List of Overseas Absentee

VotingCSOs – Civil Society OrganizationsDFA – Department of Foreign AffairsDND – Department of National DefenseDOJ – Department of JusticeEO – Executive OrderEPA – Economic Partnership AgreementsEPS – Employment Permit System


FES – Friedrich Ebert StiftungFTA – Free Trade AgreementFWRCs – Filipino Workers Resource Centers GCIM – Global Commission on International

MigrationGDP – Gross Domestic ProductGFMD – Global Forum on Migration and

DevelopmentGNP – Gross National ProductHIV-AIDS – Human Immunodeficiency Virus –

Acquired Immune Deficiency SyndromeHR – House Resolution HSW – Household Service WorkersILAS – International Labor Affairs Services ILC – International Labor ConferenceILO – International Labor OrganizationJPEPA – Japan-Philippines Economic

Partnership AgreementLFS – Labor Force SurveyLGUs – Local Government UnitsMOA – Memorandum of Agreement MOU – Memorandum of Understanding MILF – Moro Islamic Liberation FrontMTPDP – Medium-Term Philippine Development

PlanNGO – Non-Government OrganizationOAV – Overseas Absentee VotingOAVL – Overseas Absentee Voting LawOCA – Office of Consular AffairsOFW – Overseas Filipino Worker


OPAS – Overseas Performing ArtistsOUMWA – Office of the Undersecretary for

Migrant Workers AffairsOWWA – Overseas Workers Welfare

AdministrationPEOS – Pre-Employment Orientation SeminarPDOS – Pre-Departure Orientation SeminarPMA – Philippine Medical AssociationPOEA – Philippine Overseas Employment

AdministrationPOLO – Philippine Overseas Labor OfficeRA – Republic ActSB – Senate Bill SGISM – Shared Government Information System

on MigrationSOS-SMS – SOS-Short Messaging System for

OFWs in distressSSS – Social Security SystemTESDA – Technical Education and Skills

Development AuthorityUN – United NationsUNDESA – United Nations Department of

Economics and Social AffairsUNICEF – United Nations Children’s Education

FundUN CMW – United Nations Convention on the

Rights of All Migrant Workers and Members of Their Families

UN MWC – UN Migrant Workers Committee WHO – World Health Organization


WTO-GATS – World Trade Organization’s General Agreements on Trade in Services


EXECUTIVE SUMMARY

The Philippines has been touted as aglobal model for labor export. In not a fewinternational gatherings, Philippineofficials have been lauded for theirhandling of the country’s labor-exportprogram. Officials of labor-exportingcountries have even actually asked thePhilippine government officials to give thempointers in managing and developing theirlabor-export programs.

With some 8.7 million migrants,overseas Filipino workers (OFWs), andundocumented worker overseas who remit morethan 12 billion dollars each year, thePhilippines has a number of laws in placeand agencies mandated to the serve the needsof its overseas workers and their families.Several international instruments to promotemigrants’ rights have also been put ineffect the past decade.

In many cases, however, Filipinomigrants still find themselves in vulnerablesituations and unable to realize theirrights guaranteed by national andinternational instruments.


Does the Philippines live up to itsimage as a model for overseas labor export?Do its laws and agencies really serve theneeds of Filipino overseas workers and theirfamilies? Has the country been able to drawon international instruments in promotingthe rights of Filipinos abroad?

This document seeks to lay bare theconcept of a “global model” by presentingcurrent Philippine and global realities andhow these affect and influence laboroutmigration in the country. It will examineas well Philippine labor migration policies,not merely in theory but also in terms ofrealities on the ground.

Based on the facts and realitiespresented in this paper, readers can eitherremain convinced that the Philippines reallyis a “model” that should be emulated , orthey can turn into critics of the currentlabor export program.

It has several parts. Part I includesPhilippine Realities, Global Context, andTrends in Philippine Overseas Migration2007-2008. Combined together, these threetopics discuss the major push and pull


factors that weigh heavily on the expandingFilipino Labor Migration.

Philippine Realities discusses thepresent socio-economic and politicalsituation in the country. These realitiesexplain how the Philippines has turned intothe world's third largest labor-exportingcountry in the world.

It mentions the modest growth in thePhilippine economy, but at the same timepoints to the absence of a trickle downeffect that results in increasingunemployment and underemployment, widespreadpoverty, and the rising number of urban andrural poor.

This section also bewails the dismalpublic service in the health and educationsectors, both of which have never receivedenough attention from the currentadministration.

It gives updates on the effect of thecurrent global crisis on the employment ofworkers within the country and on thedeployment and employment of OFWs.


Finally, it touches on the state ofpolitics in the country, arguing that theArroyo administration has, for the pastthree years, been suffering from a deeppolitical crisis. This section also presentsevidence on the continuing human rightsviolations in the country.

Global Context of Migration takes offon the phenomenon of globalization and howit provides the pull factors that havesignificantly raised the number of migrantworkers worldwide. Rising mobility and theincrease in the world’s population ofmigrants are two developments that came withglobalization.

Slow population growth and an ageingpopulation in developed countries are twofactors seen to influence the increase inimmigration or deployment of migrant workersto these countries.

This section further lists otherdevelopments that will likely contribute togrowing mobility across borders: 1)The rapidpace of technological developments, 2)Thegrowth of global production systems, 3)Thegrowing informalization of work.


Lastly, this section contends thatmigrant workers are often the first to losetheir jobs during economic downturns, as inthe current global financial crisis.

Trends in Philippine OverseasMigration 2007-2008 specifically focuses onmajor developments in the period 2007-2008concerning Filipino migrant workers.

It also mentions briefly how labormigration has been institutionalised torespond to the jobs crisis in the country.In that light, it asks if the Philippines isreally a global model for overseas migrationin the context of migrants rightsprotection.

This section likewise lists down anddiscusses the core issues that confrontFilipino migrant workers at all levels ofthe migration cycle: 1) Feminization ofFilipino Labor Migration, 2) UndocumentedFilipinos Overseas, 3) Migration Costs andRecruitment Agencies, 4)Overseas Posts andPersonnel, 5) Limited Number ofRepresentative Offices, 6) Acute Lack ofPersonnel Overseas, 7) Political rights andrepresentation in governance structure, 8)Noconsultation, No Voice in Decision-Making,


9) Social Costs of Migration, and,10)Reintegration.

In closing, this section, afterpresenting current realities faced by OFWs,asks if the Philippines is really a globalmodel for labor outmigration.

Parts II and III re-examine the 18public forums that CMA and FES conductedbetween 2004 and 2008. These partsspecifically take a critical look at thecompilation of the various resolutions,challenges and promises that came out of thenow-regular Alfredo J. Ganapin AdvocacyForum Series (AJGFS), having in mind theunderlying question of how the Philippinesholds up as a global model for other labor-exporting countries.

Part II starts with the year 2004,which features the three forums on: Roundtable Discussion on Overseas AbsenteeVoting, Overseas Filipinos Agenda BuildingConference, and On-site Protection forMigrant Filipinos.

Meantime, the year 2005 had fourforums: WTO GATS Mode 4: A Prescription forMigration?, Protection of the Rights of


Migrant Workers and the Role of Trade Unionsin Labor-Sending and Receiving Countries,Policy Issues on Skilled Migration: The Caseof Filipino Nurses, and “Pinay X-Abroad”:Stories of Tears and Triumphs.

Later, the year 2006 featured: GanitoTayo Ngayon, Paano Tayo Bukas? Prospects ofFilipino Labor Migration and PhilippineDevelopment, OFWs, Irregular Migration, andTrafficking, National Forum on the 2006 ILOMaritime Labor Convention: Implementing theMagna Carta for Filipino Seafarers, andRound table Discussion on Practical andLegal Remedies to Address the needs ofFamilies Abandoned by Overseas FilipinoWorkers.

Year 2007 had the following forums:The ASEAN Declaration for the Protection andPromotion of Migrant Workers: What’s Next?,Promoting and Fulfilling the Human Rights of8042, Revisiting RA 8042 and Beyond, A Callto Action: Know Your Rights, No to IllegalRecruitment and Trafficking, and TheEffectiveness of Migrant Workers’ Educationand Information.

Lastly, the year 2008 had: FilipinoLabor Migration: What Role for Congress,


Democratization through Migration, and ThePhilippines: A Global Model on LaborMigration?

Part III lists the recommendations,resolutions, challenges and promises thatresulted in the 18 forums.

Those addressed to the Department ofForeign Affairs - Office of theUndersecretary for Migrant Workers Affairs(DFA-OUMWA) were issues, problems andshortcomings on the areas of Policy,Research and Resource Allocation andStaffing.

Those addressed to Diplomatic Posts,were recommendations on Networking,Staffing, On-Site Personnel, and Programsand Services.

The Philippine Overseas EmploymentAdministration (POEA), receivedrecommendations on its handling ofcontracts, agencies and seafarers.

On the other hand, the OverseasWorkers Welfare Administration (OWWA) gotrecommendations on the areas of


Representation, Programs and Services, andPre-Departure Orientation Seminars.

Congress received as wellrecommendations on the areas of Legislationand Services, its Oversight Function, andthe issue of Overseas Voting.

Recommendations on Cross-CuttingGovernment Themes, such as Multilateral andBilateral Agreements and Information andEducation were addressed to DFA, DiplomaticPosts, POEA, and Commission on HigherEducation (CHED).

Other recommendations were similarlyaddressed to the Department of Labor andEmployment (DOLE), Local Government Units,the Department of Justice and the Courts.

Part IV is an annotated listing ofvarious UN and ILO Conventions alreadyratified by the Philippines, the bilateralagreements so far forged by our government,and the major Philippine legislations andpolicies that the legislative and executivebranches have enacted.

The Philippine government is alreadycommitted to: 1)United Nations Conventions


and Treaties, 2)International LaborOrganization Conventions, 3)Bilateral LaborAgreements, 4)Bilateral Agreements onSeafarers' Certification, 5)Bilateral SocialSecurity Agreements, 6)Philippine Laws andPolicies that Affect OFWs and OverseasFilipinos, and, 7)Concluding Observations ofthe UN Committee on Migrant Workers


PART I - Filipino Labor Migration: Trends,Issues and Concerns

A. PHILIPPINE REALITIES

The Philippine economy grew by amodest 4.6% in 20081.This drew on the strongperformances of manufacturing, constructionand trade. But the so-called growth inmanufacturing was driven by foodmanufacturing. This was likely due toincreasing importation cost and double-digitincreases in the prices of food, which grewan average of 17% during the periodaccording to inflation figures.2

Just as well, the 4.6% GDP growth fellshort of the 7-8% annual GDP growth rateneeded until 2010 to generate 1.4 – 1.6

1 The Philippine National Statistical Coordination Board (NSCB) http://www.nscb.gov.ph/

2 “Slow 3Q reveals economy’s real crisis,” IBON Media Release, November 27, 2008


million jobs per year, as stated in theMedium-Term Philippine Development Plan(MTPDP) for 2004-2010.3

Construction and trade,meanwhile, are driven by OFW remittances, asseen in the mushrooming of condominiums andincreased consumption spending by OFWs'families. Growth on the demand side wasdriven by household spending. But the globalfinancial crisis may result in decreased OFWemployment and deployment in 2009, resultingin a decline in remittances.4

Poverty, Persistence of Unemploymentand Underemployment, Low Wage Levels: Massmigration takes place in the Philippinesprimarily because of the failure ofgovernment to provide decent jobs and decentwages to its people. According to the SocialWeather Station, as of December 1, 2008,27.9% of Filipino adult population or 11million people are unemployed5. As observedby the UN Committee on Economic, Social, and

3 “The Forum Round table on the employment situation in the country,” The UP Forum, Volume 9, Number 5, September-October 2008

4 Ibid5 Migration up despite economic crisis. Agence

France-Presse. First Posted 16:26:00 02/24/2009


Cultural Rights during its examination ofthe Philippines' compliance with the ESCRConvention, “the lack of employmentopportunities has led much of the populationof working age to emigrate.6The matter oflow levels of minimum wage was anotherfactor that pushes people to migrateoverseas.7 Another migration push factor ismass poverty despite the positive high macroeconomic indicators. In 2007, 36% of thepopulation was below the poverty level8.

Worsening unemployment. April 2008Labor Force Survey (LFS) data showed thatthe country’s employment rate was estimatedat 92%. Almost half of these (49.6%) were inthe service sector, 33.5% in the agriculturesector, and 14.9% in the industry sector.9

The unemployment rate stands at 8% or2.9 million Filipinos. Since adopting a new

6 Item 19, Concluding Observations on the Philippines by the UN Committee on Economic, Social and Cultural Rights, 41st Session, November 2008, Geneva.

7 Item 22. Ibid. 8 Item 28. Ibid. 9 Jerbert M. Briola, “Labor Standards in the

era of globalization – Race to the Bottom,” iNFOCUS, January-June 2008


definition of unemployment in April 2005,10

the government has been reporting single-digit unemployment rates. Despite thedefinitional acrobatics, the 8% unemploymentis still twice the rate recorded in most ofour East Asian neighbors.11 The FourthQuarter 2008 Social Weather Survey reported27.9% of the adult labor force, about 11million, unemployed. What little GDP growththere is does not translate into jobs.12

Moreover, 6.6 million workers (or19.8% of the total employed) are officiallyclassified as underemployed, that is, thosealready with jobs but are still seekingadditional hours of work. Data showed anincrease from 6.4 million in the same periodlast year. The increase came from thosealready working 40 hours or more everyweek.13

10 It re-defined the unemployed as someone of1) working age, 2) without work, 3) seeking work, and 4) available for work ifsuch is available.

11 “The Forum Round table on the employment situation in the country,” The UP Forum, Volume 9, Number 5, September-October 2008

12 Fourth Quarter 2008 Social Weather Survey February 23, 2009 http://www.sws.org.ph/

13 Jerbert M. Briola, “Labor Standards in theera of globalization – Race to the


Even more disturbing are the figureswithin the employed sector. More than athird (34.7%) of the total 33.5 millionmakes up the informal sector. These includeown-account workers; the self-employed,which represented almost a third (30.1%) ofthe total employed; and unpaid familyworkers, which made up 12.5% of the totalemployed. The gravity of the underemploymentproblem can be seen in the huge number ofunpaid family workers: more than threemillion in all.14 In 2006, more than half or55.8 percent of all unpaid family workerswere women.15

No trickle down effect. The purported4.6% GDP growth rate, as with the positivegrowth rates declared by the government inthe past,, has not trickled down to those inthe lower economic strata, failing to helpimprove their lives. Nor has it translatedinto an improvement in the availability of

Bottom,” iNFOCUS, January-June 200814 Ibid15 National Coordinating Statistical Board.

2008. Labor Force Participation and Unemployment Rates.http.//www/nscb.gov.ph/pressreleases/2008?PR-200803-SS2-02.gov.ph, accessed December21, 2008.Ibid.


the needed social services that could haveeased the burden for those living inpoverty.

More than 30 million urban poor or 34%of the population now live in vast slumareas that cluster along drainage canals,reclaimed oceanfront land and empty lots inthe major urban centers. The landless urbanpoor in Metro Manila reached a number closeto 5 million (800,000 families), making upmore than a third of the population of theentire metropolis. They live in denselypacked informal settlements with poorsanitation, lack of potable water, desperateand often dangerous living conditions, on anaverage of 370.11 families per hectare.Close to 44% of all occupied dwellings inthe region had less than thirty squaremeters of living area.16

In 2005, almost 10.8% of the country'spopulation survived on just $1 a day.Another 41.2% made do with less than $2daily.17 Poverty continues to ravage 47% orabout 8.7 million of Filipino familiesdespite the succeeding positive growth rates

16 Philippine Poverty and Inequality Situation (as of March 2008), endpovertynow.org.ph

17 Ibid


that have been registered in the pastyears18.

A Social Weather Stations survey inDecember 2008 found that involuntary hungerwas experienced at least once in the pastthree months by a third (31.4%) of thefamilies among the unemployed19. This numberwas almost double the statistics from theprevious year: in January 2007, 16.2% ofFilipino families or 2.9 million families(14.5 million Filipinos) experiencedinvoluntary hunger.20

Almost 16.1 million Filipino workersor more than 50% of the labor force earnwages around P5,000-P8,000, rates that hoveraround the poverty threshold. Thistranslates to a meager PhP33-53 per personper day.21

18 First Quarter 2009 Social Weather Survey: Self-Rated Poverty falls to 47%. April 21,2009 http://www.sws.org.ph/

19 Fourth Quarter 2008 Social Weather Survey 23 February 2009 http://www.sws.org.ph/

20 First Quarter 2009 Social Weather Survey: Self-Rated Poverty falls to 47%. April 21,2009 http://www.sws.org.ph/

21 Ibid


Public service is dismal. Health andeducation have never been given seriousattention and resources by the government.

Inadequate public health spending bythe Arroyo administration highlights thegaps in the delivery of health care servicein the country. In 2007, the governmentallocated a meager P11.5 billion budget forhealth. In comparison, the Department ofNational Defense (DND) got a share of P54.3billion. Such a meager budget has translatedinto an acute lack of medical personnel andfacilities, particularly in provincialhospitals, clinics and health centers.22

Health delivery, especially for womenand children, has remained beyond the reachof the poor. The Philippines has the thirdhighest prevalence of malnutrition in Asiawith figures that account for almost 12million of the 17 million children aged 2 to10 were diagnosed as being malnourished. Thecountry ranks second in infant mortalityrate in all of Asia: 82,000 Filipinochildren die before their 5th birthday.23

22 Candy Diez, “The Philippine Health Situation at a Glance,” iNFOCUS, January-June 2008


More than 40,000 Filipino women dieyearly from maternal-related complications.Ten Filipino women die daily fromchildbirth-related complications becausethey do not have access to emergencyobstetric care. The Philippine holds therecord for having one of the highestmaternal mortality rates (estimated at 162per 100,000 live births) in Asia and theworld.24

Recent World Health Organization (WHO)data show that the Philippines ranked number8 among 22 countries with high incidence oftuberculosis (TB). In Western Mindanaoalone, 4,000 people die every year becauseof TB.25

Increasing migration of healthprofessionals has largely depleted the poolof health practitioners, especially thosedesperately needed in the rural areas.Doctors and nurses are leaving the country

23 Philippine Poverty and Inequality Situation (as of March 2008), endpovertynow.org.ph

24 Ibid25 Candy Diez, “The Philippine Health

Situation at a Glance,” iNFOCUS, January-June 2008


at an even faster rate. The PhilippineMedical Association (PMA) reported that ofthe 35,000 doctors in its roster, 6,000 arenow working abroad.26

Due to the continuous demand fornurses overseas, former Department of HealthSecretary Doctor Jaime Galvez-Tan said thatthe number of doctors who have downgradedthemselves into nurses has reached 9,000.Almost 6,000 of them had left for the UnitedStates. More disturbing is that 80% of thesedoctors-turned-nurses were governmentdoctors.27

In terms of giving attention toeducation, there is a decreasing andsustained indifference towards one of themost important social services functions ofthe government. From 3.8% in proportion tothe GNP in 1998 under President Estrada, thebudget for education has dipped to 2.26% ofthe GNP in 2007.28

26 Ibid27 Ibid28 Freedom from Debt Coalition (FDC) and the

Youth Against Debt (YAD), “The Neglected Generation – Debt and the Filipino Schoolchildren.” iNFOCUS, January-June 2008


Such lowered budget for educationfalls way below the internationally agreed-upon benchmark for education of 6% of GNP.This standard has been accepted by more thana hundred countries.29

Education remains a dream for manyyoung Filipinos. Of the 27 million youthaged 5-25, almost 12% or 4.4 million are outof school.30

The measly budget allotted foreducation has translated into severe lack ofschool facilities, learning materials,primarily textbooks, and grossly underpaidpublic school teachers.

In turn, many teachers have opted totry their luck abroad, agreeing to work asdomestic workers and caretakers. These jobsare way below the academic training theseteachers have, but nevertheless pay muchbetter than being teachers in thePhilippines.

29 Ibid30 Philippine Poverty and Inequality

Situation (as of March 2008), endpovertynow.org.ph


Effects of the global crisis. Thelatest forecast by the InternationalMonetary Fund on the Philippines is a zerogrowth rate for 200931.

The global crisis is battering thecountry’s export-oriented industries likeelectronics and garments, resulting in thelay off of workers or cutting down theworkweek to a few days.32

Labor and Employment UndersecretaryRosalinda Baldoz reported that for theperiod October 2008 to March 2009, some109,529 workers were affected by the globalcrisis. Nearly 11% of this number or 11,574workers were permanently displaced (10.6%)while 38,806 were temporarily laid- off(35.4%). A greater number or 59,149 werereported to be in flexible workarrangements.33

31 Akbayan Representative Walden Bello's Maiden Speech in Congress. April 28, 2009.

32 “GMA Prods Obama to Act on Recession,” Philippine Daily Inquirer, February 2, 2009

33 “Overseas Filipino Workers Bear Debts as Crisis hits Labor-importing economies”, Jeremaiah Opiniano and Isagani dela Paz, OFW Journalism Consortium, Volume 8 #1, April 24, 2009.


Worst hit is the electronics industry,which since the early 1960s earned over 50%of the country’s export revenues andemployed many women. The industry cut byalmost one half its workforce. Automotive,garments, mining, property, services, andwood-working each retrenched 10% of theiremployees.34The slowdown is also being feltin the mining, banana and coconutindustries.35 Another 19,000 workers hadtheir work week cut to four days or less.36

At the start of 2009, the Department ofLabor and Employment (DOLE) predicted thatas many as 300,000 workers would lose theirjobs in the first six months of the year.37

Overseas, the Philippine governmentanticipates the continuous retrenchment of34 Privilege Speech in Congress, Akbayan

Representative Walden Bello. April 28, 2009

35 “Cement Giant Closes 4 Plants; 1,500 Affected,” Philippine Daily Inquirer, January 28, 2009

36 “RP Economy Grew by 4.6% in 2008,” Philippine Daily Inquirer, January 30, 2009

37 “GMA Prods Obama to Act on Recession,” Philippine Daily Inquirer, February 2, 2009


OFWs as companies and industries worldwidedeal with the economic crisis. As of March2009, some 6,406 OFWs have been retrenchedas a result of the global economic slowdown.Most of the workers came from Taiwan and theUnited Arab Emirates. The global economicslowdown is starting to snatch away not onlyjobs from Filipino workers abroad, but alsothe remittances for their families backhome. OFWs are starting to feel the pinch ofthe global financial crisis.38

The construction industry in theUnited States, where many Filipinos work, isbadly hit. Because of the rise in the pricesof commodities in the US, some OFWs areplanning to send only half of their salariesto their families.39

Some have already gone back to thePhilippines after losing their jobs. Butmany expect an even worse situation in thePhilippines and opt to stay in the US as

38 “First of Filipinos to lose Taiwan jobs home today,” Philippine Daily Inquirer, December 2, 2008

39 “Sad Christmas seen for many kin of OFWs,”Philippine Daily Inquirer, October 14, 2008


undocumented migrants instead of goinghome.40 As the number of available jobs sink,the number of undocumented Filipinos couldrise.

Filipino nurses in America areaffected, too. Those in the health sectorare very vulnerable now, with some hospitalsclosing. If they lose their present jobs,competition for the remaining jobs becomestighter and Americans will be givenpriorities.41

Migrants tend to be among the workersmost hit by economic downturns in their hostcountries for several reasons. Migrantlabor is often used as a cyclical buffer,like other macroeconomic policies aimed atmaximizing growth and minimizingunemployment. For migrants, this means theyare often the last to be hired and the firstto be fired and their employmentrelationship are frequently sub-standard,and located in poorly regulated sectors oractivities. In times of economic insecurity,migrants easily become scapegoats, leadingfurther to attitudes that breed xenophobic

40 Ibid41 Ibid


sentiments and discriminatory practicesagainst them.42

Political reality. Very recently theHouse of Representatives hurriedly passedHouse Resolution 1109 (HR 1109), whichauthorizes Congress to convene as aConstituent Assembly (or ConAss). Itspecifically states that the House, withoutthe Senate, may propose amendments to theconstitution. It says that if the House cansecure three fourths of the combined numbersof the members of the House and the Senate--225 votes in all-- it will fulfill therequirements under Article XVII of theConstitution. To critics of the Arroyogovernment, this development is highlysuspect and perceived as yet another schemein a long-running political maneuvering byadministration allies in the House tocircumvent the Constitution’s provision onthe term limits for the Presidency. UnlikeCongress, the Senate has proved to be astumbling block in most of the

42 “The Impact of the Financial Crisis on Migrant Workers”, Patrick Taran, Senior Migration Specialist, ILO. Presentation tothe 17th OSCE Economic and Environmental Forum, 2nd Preparatory Conference, March 16-17, 2009, Tirana.


Administration’s designs to remain in powerbeyond 2010. The Akbayan Party reads a moresinister plan in inferring that theimmediate purpose of the hurried passage ofHR1109 is only to create a semblance of ajusticiable issue that can be raised beforethe Supreme Court. Dominated by Arroyoappointees, the Supreme Court is expected todecide in favor of the Administration, andif it declares that a ConAss without theSenate does not violate the Constitution,this will clear all legal impediments to anextended term of the Arroyo government.

Since March 2005, the GMAadministration has been suffering from itsworst political crisis after evidence ofelectoral fraud, massive corruption ofpublic funds, and widespread human rightsviolations surfaced and hit theadministration. Political survival has beenthe focus of the Arroyo government. Whilefacing constant opposition and threats ofpublic outcry and a military coup, theArroyo government has asserted its controlby infringing on civil liberties, defilingthe people’s right to freedom of assemblyand redress, grossly curtailing their rightto information, and committing human rightsabuses against the people.


Human rights abuses are continuing.More than 930 cases of summary executionshave been recorded since President Arroyocame to power in 2001. These politicallymotivated killings have targeted humanrights advocates, lawyers, church workersand members of cause-oriented groupscritical of the government.

The Commission on Human Rights (CHR)has identified the Philippine NationalPolice (PNP) as the worst abuser of humanrights. In 2007, the United Nation’s (UN's)Special Rapporteur on Extra-judicialKillings Philip Alston submitted a report ofhis investigation that said the executionshad “eliminated civil society leaders,including human rights defenders, tradeunionists and land reform advocates,intimidated a vast number of civil societyactors, and narrowed the country’s politicaldiscourse.”43 A culture of impunity, Alstonalso said, had made the executions ofjournalists and leftist activistspossible.44

Interestingly, under the presentAdministration, various laws for overseas

43 Ibid44 Ibid


Filipinos were enacted, namely the OverseasAbsentee Voting Act of 2003 (RA 9189) whichenabled Filipinos overseas to participate innational elections in the Philippineswithout being physically present in thePhilippines. The law however did not includetheir participation in plebiscites andreferendums. Hence unless the currentinitiatives to amend RA9189 push through,Filipinos overseas cannot participate infuture referendum to change theConstitution. Apart from the limited scopeand coverage of RA9189, the requirement forpersonal appearance to register and vote isalso a big obstacle to the full exercise ofthe law since migrant workers, particularlywomen migrants who are mostly employed ashousehold service workers, have limitedmobility outside of their work areas.

Congress also enacted RA 9208 or theAnti-trafficking on Women and Children Actof 2003. Again, the intent of the law wasobvious – to curb trafficking in humanbeings particularly trafficking in women andchildren. Interestingly, in the latest 2009“Trafficking in Persons Report”45 by the USState Department, the Philippines slid back45 http://www.philstar.com/Article.aspx?articleId=478469&publi cationSubCategoryId=200


http://livepage.apple.com/


to the category of Tier 2 Watchlist46. Onereason cited by the report was thegovernment's failure to prosecute cases oftrafficking in persons due to an“inefficient judicial system and endemiccorruption”.47

RA 8042 or the Magna Carta for MigrantWorkers and Overseas Filipinos was enactedby Congress, albeit in haste, in 1995 toprovide comprehensive protection to Filipinomigrants at every stage of the migrationcycle. Two of its provisions, Sections 29and 30 that deregulated the labor migrationindustry in 2000, were repealed in 2007 byRA 9422 and strengthened the regulatoryfunctions of the POEA. Ironically however,only within a year’s time President Arroyoin December 2008 overturned RA 9422 by

US expands human trafficking watchlist, Updated June 17, 2009 11:16 AM

46 Tier 2 Watch list of the US means the country is not compliant with the minimum standards of protection as provided for inthe Trafficking Victims Protection Act of 2000.

47 http://wwwtribune.net.ph/headlines/ 20090618hed1.htmlRP gov’t ineffective because of ‘inefficient justice system, endemic corruption’


http://www.tribune.net.ph/headlines/20090618hed1.html

http://www.tribune.net.ph/headlines/20090618hed1.html

issuing Executive Order 24748 which directedthe POEA to set aside regulation and make ashift into a full blast marketing effortthat will serve to expand job placementoverseas.

This gloomy situation, against thebackdrop of the pervasive, the-worst-to dateglobal economic and financial crisis, spellsmore mass migration for survival. It canalso mean minimum regard for protection,human rights and labor rights of migrantworkers.

48 See copy of EO 247 at www.pia.gov.ph under the office of the President.


http://Www.pia.gov.ph/

http://Www.pia.gov.ph/

http://www.pia.gov.ph/


B. THE GLOBAL CONTEXT

Globalization does not only meanliberalization of trade, services,investment, and capital. It also meanstransnational movements of people in searchof better lives and employment opportunitiesin other countries and regions.

More and more people are crossingnational borders. Increased mobility ofpeoples is now a global reality. Today thereare more national borders than five decadesago because the number of independent stateshas tripled. In some regions some countrieswere cut up into two or more independentstates. The ILO estimates that some 10million workers cross borders each year insearch of work.49

Developed countries are increasinglylooking outside their borders for low-skilled workers in agriculture, food-processing, construction, manufacturing, andlow-wage services such as domestic work, and

49 Abella, Manolo. 2004. Globalization and aMultilateral Framework for Migration. ILO-Manila


home health care.50 Migrant workers andirregular migrants from poorer countrieshave stepped in to fill the demand.

The world’s population of migrants51

has been rising at a rate slightly fasterthan the growth of the total worldpopulation. By the last count, migrantsworldwide totaled 200 million, enough tomake up the world’s fifth largest country.Migrants constitute 3% of the world'spopulation.

South to South movements or migration-for-employment among the less developedcountries likewise take place. Of theestimated 95 to 100 million migrant workersthe world over, more than 28 million are inthe developing regions. In Asia some 2million52 workers leave their countries everyyear to work in other countries within andoutside the region under short-termemployment contracts.

50 Cholewinski, Ryszard. 2005. Protecting Migrant Workers in a Globalized World. University of Leicester

51 Those counted by census as being of foreign nationality or born abroad and living in the country for over a year.

52 2005 ILO estimate


Declining and ageing populations in

developed countries have importantimplications on employment, economic growth,the demand for health care services,pensions or the social transfer systems andother social support services.

Most rich countries are faced with achanging population profile that will havefuture implications on their social andpolitical landscapes. Two reasons are seenbehind the shift: a.) Slow population growthbecause they are not producing enoughchildren and b.) An ageing population53

because of longer lives.

In developed countries with ageingpopulations, an ever-increasing burden willfall on a decreasing share of the populationwho will need to work and produce the goodsand services needed by all.54 Those working53 In Europe, an ever increasing share of

the population will be inactive due to old age. The proportion of those older than 65 years of age will rise from the present 16.4 percent to 30.3 percent by 2050.

54 The UN has been studying the long-termdecline in fertility and the loomingdemographic deficit in the rich countries and


will have more and more dependent people totake care of.

The population of the European Unionrose by a mere 0.36 % to 378.5 million from2001 to 2002, or an addition of 1,340,000people. However, more than three quarters ofthat increase came from the entry of newimmigrants. In 2003 the overall populationof the European Union fell by 0.18% to 74.5million due to falling birth rates andemigration.55

Immigration will be an important partof any developed country’s strategy incoping with the negative effects of anageing population and in maintaining theirproductivity levels.

Closer to home, there is significantmobility across borders within and outsidethe ASEAN region. Migrants in ASEANconstitute about 10% of its population(5.6M). The 10 member countries of ASEAN

concluded that much more immigration thanat the present levels are needed if seriouslabor shortages are to be avoided.55 Abella, Manolo. 2004. Globalization and aMultilateral Framework for Migration. ILO-Manila


which include the Philippines are labor-sending and receiving countries combined.Labor migration in ASEAN is pre-dominantlysingle entry and temporary. In 2007, thePhilipppines deployed 38% of its workers toASEAN countries with Singapore, Brunei andMalaysia topping the list56.

Majority of the OFWs in ASEAN work invarious fields –as nurses, domestic workers,teachers, entertainers, and IT workers.There is also a significant number ofundocument Filipinos or those in irregularstatus. Specifically in Malaysia, more thanhalf of the estimated 245,000 Filipinos areundocumented57, most of whom are living andworking in Sabah. On a periodic basis, theMalaysian government conducts crackdownoperations against undocumented migrants.Once caught, these migrants are deportedback to their countries of origin withoutmuch consideration of their human and laborrights.

56 POEA 2007 Deployment Statistics.www.poea.gov.ph57 Stock Estimates of Overseas Filipinos,2007. www.poea.gov.ph. The figure isconservative estimate; other estimates placethe number of Filipinos in irregular situationin Sabah between 300,000 to 500,000


http://www.poea.gov.ph/

In January 2007, during its 12th Summitheld in Cebu City, the ASEAN adopted theASEAN Mutual Recognition Arrangement and theDeclaration on the Protection and Promotionof the Rights of Migrant Workers. This wasfollowed shortly in July 2007 by theadoption of a resolution for the creation ofa Committee on Migrant Workers that willoversee to the States' compliance with theDeclaration. The Committee on ASEAN MigrantWorkers (ACMW) convened its first meeting ayear later in September 2008 in Singapore.Since then, workshops have been conducted tothresh out the details of the Declaration,which will pave the way for the adoption ofan ASEAN Agreement on the protection andpromotion of the rights of migrant workers.The Philippines together with other laborsending countries in ASEAN take the lead inthese initiatives. The results of theseefforts remain to be seen in the months andyears to come.

Other important developments likely tocontribute to growing mobility acrossborders are the following:58

A. The rapid pace of technologicaldevelopments that lead to early

58 Ibid


obsolescence of many skills and thedemand for new ones. This has beenseen in the case of computers and thecommunications revolution. The UnitedStates, a few years ago, opened up tohighly skilled immigrants to maintainits competitive position in thecomputer industry.

B. The growth of global productionsystems. As capital moves around theworld searching for sites for globalproduction, migration tends to followto supplement native work forces

C. The growing informalization of work.More and more employment todayinvolves being engaged in irregular,often part-time work. In the richcountries, industrial or manufacturingemployment has been on the decline,while the service sector has grown.The service sector involves highlyqualified work, but also many types ofwork that native workers have vacatedand are leaving to migrant workers toperform. The growing feminization ofmigrant labor, characterized by anincreased demand for female domesticworkers in developed countries, is one


of the manifestations of thisphenomenon.

Migrant workers are often the first tolose their jobs during economic downturnssuch as in the current global financialcrisis. Compiled data and statistics of theILO confirm the following premises about theimpact of the current crisis on migrantworkers:59

1 Migrants and persons of foreign originare hard hit, they aredisproportionately among those alreadylaid off or rendered unemployed.

1 Those migrants remaining employed areoften affected by reductions in pay,working time, and worsening workingconditions.

1 Migrant workers have less access tosocial safety net support. This isespecially true for migrants inirregular situations.

1 However, many migrant workers are notreturning home, unless forcibly

59 “The Impact of the Financial Crisis on Migrant Workers”, Patrick Taran, Senior Migration Specialist, ILO. Ibid.


expelled. This is the case even whenthey are being offered financialincentives to voluntarily depart. Simplyput, conditions at home are even worse.While there may be opportunities forsome kind of work in host countries,there are simply none at home.

1 Migrant workers are thus compelled totake whatever work they can find. Theymay accept even more substandard pay andabusive conditions than before.

1 Scapegoating of migrants and xenophobicviolence against foreigners is alreadyon the rise throughout the world.

1 Many countries have reduced quotas orintake of foreign workers; somecountries have embarked on deliberatepolicies of exclusion and expulsion ofmigrant workers.

1 Migrant remittances sent home aredeclining.

1 The further deteriorated situations inhome countries make whatever remittancesmigrants can send an even more cruciallifeline for their families and localcommunities.


1 What employment opportunities existedearlier for those remaining at home arealso evaporating, meaning even feweroptions for persons coming back fromabroad. This also makes the return ofmigrant workers potentially a greaterthreat to labor market stability andultimately, social stability at home. Itis expected that global economicactivity will slowdown.

Projections of World Economic Outlook, in % 60

2008 2009

World Output 3.4 -0.6United States 1.1 -2.6Euro Area 1.0 -3.2Germany 1.3 -2.5France 0.8 -1.9Japan -0.3 -5.0United Kingdom 0.7 -3.8Canada 0.6 -2.0China 9.0 6.7Philippines 4.6 2.5 to 0GCC Countries 5.6 3.6ASEAN 4.3. 0.7

60 Stimulus Packages to Counter GlobalEconomic Crisis: A Review. SameerKhatiwada. International Institute forLabour Studies Discussion Paper.2009


C. TRENDS IN PHILIPPINE OVERSEAS MIGRATION 2007-2008

…(T)he State shall…promotefull employment… and … theState does not promoteoverseas employment as a meansto sustain economic growth andachieve national development…The State, therefore, shallcontinuously create localemployment opportunities…

Republic Act 8042

Section 2.Declaration of Policies

The Philippines is the world's thirdbiggest source of migrant workers in the


world, next to China and India.61 For thelast five years, deployment figures haveincreased by an annual average of 3.6%62.(see graph on OFW annual deployment) InJanuary 2009, despite the global economiccrisis, the total number of deployedmigrants was 165,000 or 25% more than theprevious year's.63

Overseas Filipinos constitute 10% ofthe total Filipino population. Their numberby the end of December 2007 was placed at8.7 million. They are found in more than 193countries and destinations64. The biggest

61 “RP among top migrant sending countries, says IOM study”, Inq7.net. June 22, 2005.

62 “Filipino Labor Migration: Issues, Responses and Challenges”, Presentation ofPOEA Administrator Rosalinda Baldoz in theForum, “Labor Migration: What Role for Congress?”, March 12, 2008. Organized by the Center for Migrant Advocacy and Friedrich Ebert Stiftung.

63 Migration up despite economic crisis. Agence France-Presse. First Posted 16:26:00 02/24/2009

64 “Filipino Labor Migration: Issues, Responses and Challenges”, Presentation of


proportion of migrants is deployed withinAsia – notably in the Middle East (45.3%)and in East and South East Asia (20.8%).Deployment to Europe followed at 14. 1%.Saudi Arabia is the single biggest countryof destination of Filipino migrant workers.

Labor Export: A “temporary solution”turned permanent? ”Our policy is not toexport labor...”65This statement by PresidentArroyo was the same statement of PresidentMarcos almost four decades earlier. The twoPresidents and those in between them allsaid the same –that labor migration willonly be a temporary solution to thecountry's unemployment problems and balanceof payments deficits. To date, there isstill no indication that a tipping point isforthcoming. The number of Filipino migrantscontinues to increase every year.

POEA Administrator Rosalinda Baldoz in theForum, “Labor Migration: What Role for Congress?”, March 12, 2008. Organized by the Center for Migrant Advocacy and Friedrich Ebert Stiftung

65 President Gloria Macapagal-Arroyo, Media Launch of the 2nd Global Forum on Migrationand Development. October 7, 2008.


The government's labor export policyis further affirmed by POEA's programthrusts for 2008 which included the“facilitation of deployment of OFWs” throughparticipation in high-level technicalmarketing missions; intensified marketintelligence work abroad in order to locatehigh value employment opportunities andidentify new/emerging markets, participationin forging bilateral agreements with hostgovernments that can offer new and decentjobs to OFWS; encouraging visits of foreigngovernments and private employer delegationto the Philippines; strengthening linkageswith education, training and medical fitnesssectors to generate the right quality andquantity of contracts needed by the overseasmarkets; and, enhancing work with hostgovernment to plug irregular migration routeand prevent circumvention of deploymentrequirements.66

On December 4, 2008, President Arroyoissued Administrative Order 24767 in responseto the global crisis. It instructed thePOEA to “execute a paradigm shift byrefocusing its functions from regulation tofull-blast markets development efforts, the66 POEA 2007 Annual Report. www.poea.gov.ph67 ww.pia.gov.ph


exploration of frontier, fertile job marketsfor expatriate Filipino workers.” The AOfurther directed the POEA “to increase thecountries currently hosting Filipinos andbreak through the 200-country barrier.”

President Arroyo’s instructions toPOEA are contrary to the intent and spiritof RA 9422 which strengthened the regulatoryfunctions of the POEA in repealing Sections29 and 30 of RA 8042 on deregulation. ThePresident is setting aside RA 9422 in favorof aggressive marketing of our workersoverseas.68

The Philippine overseas migrationprogramme – a global model? Despite theenactment of RA 8042 and other relevant lawsand policies and the correspondingimplementing agencies to go with thepolicies, as well as bilateral laboragreements and Memo of Understanding with 56countries, NGOs like CMA continue tochallenge the oft-mentioned global modelthat is the Philippine overseasmigration.For one, there cannot be a modelspecifically on protection and promotion ofthe human and labor rights of OFWs and theirfamilies if the overall thrust of the68 Ibid


government is to deploy a million OFWsannually. Asone officer of the InternationalLabor Affairs Services (ILAS)69 in theDepartment of Labor and Employment (DOLE)admitted, the problem succinctly duringCMA’s September 19, 2008 quarterly publicforum entitled “The Philippines: A GlobalModel on Migration?” that the sheer numberof OFWs makes it impossible for governmentagencies to address their needs andproblems.70 The ILAS exercises administrativejurisdiction over Philippine Overseas LaborOffices (POLOS).

Issues and Trends on Philippine LaborMigration

Feminisation of Filipino LaborMigration. Both men and women leave thePhilippines as migrant workers. However inthe past decade until 2006, the deploymentof women always overshadowed that of malemigrants. It went as high as 74% in 2004.

69 ILAS exercises administrative jurisdictionover POLOs 70 CMA. Alfredo J. Ganapin Jr. Advocacy Forum

Series 2008, UP Balay Kalinaw, Diliman, Quezon City


In 2006, 60% out of the total 308,142first-time migrant workers deployed by thePOEA were women and 128,186 of them werebound for jobs classified under the servicesector. 71 Two major factors contribute tothe phenomenal rise of the number of femaleFilipino migrant workers. First is thesustained demand from countries all over theworld for their skills, particularly thoserelated to domestic, work, clubentertainment and care giving, and second isthe inability of the local economy togenerate enough jobs and adequate income forwomen. Barely half (48.8%) of the femalelabor force in the Philippines had access toany income-generating work in 2006.72

The United Nations Fund for theDevelopment of Women (UNIFEM) says that

71 OFW Global Presence. (2006), A Compendium of Overseas Employment Statistics 2006 by the Philippine Overseas Employment Administration (POEA), also accessed on http://www.poea.gov.ph/stats/2006Stats.pdf

72 National Coordinating Statistical Board. 2008. Labor Force Participation and Unemployment Rates. http??www/nscb.gov.ph/pressreleases/2008?PR-200803-SS2-02.gov.ph, accessed December21, 2008.


http://www.poea.gov.ph/stats/2006Stats.pdf

phenomenon of the feminization of migrationis both a cause and effect of globalization:

“…globalization has ushered inincreasing migration for labor at thesame time it has resulted indecreasing regulation of the labormarket, growth in the informal sector,and the emergence of new forms ofexploitation.”73 (p4)

While working overseas may result inthe improvement of the economic status ofmany women, it reinforces gender inequalityat the international level. The roles thatmigrant women take on are yet still a partof the sexual division of labor at theglobal scale. Verily, the increased demandfor women workers abroad is a result of “anumber of global forces in which genderroles and sex discrimination are intertwinedwith globalization” (p.3).74

73 “Human Rights Protections Applicable toWomen Migrant Workers” A UNIFEM BriefingPaper. UNIFEM Regional Programme onEmpowering Women Migrant Workers in Asia.Roundtable on the Human Rights of WomenMigrant Workers Under CEDAW. Juy 11, 2003.

74 Ibid


Majority of Filipino women migrantworkers are employed at the lowest rung ofthe occupational hierarchy as domesticworkers and entertainers in the 3-D jobs(dirty, demeaning and dangerous) and makethem are easy targets of acts ofdiscrimination, violence and exploitation.Women migrants are often excluded from theprotection of labor and social legislation,rendering their contract of employmentmeaningless in the absence of grievancemechanisms, support services, and a friendlypolicy environment.75 Women migrants indomestic work and entertainment areparticularly vulnerable to maltreatment andexploitation because these jobs are notrecognized as formal work and are notcovered by labor and social laws of manycountries.76 Many endure exploitative termsof work, such as sub-standard wages and longwork hours; dangerous and degrading workingconditions, restricted freedom of movement,

75 The UN Special Rapporteur on MigrantWorkers. 2003 report.

76 For example, the labor laws of SaudiArabia and the UAE categorically excludesmigrant domestic workers in the coverageof their labor laws. In Japan,entertainers are covered by immigrationlaws as guests and not as workers.


gender violence in the workplace, andgendered forms of xenophobia and racism.

Filipino women-migrants are also morevulnerable than their male counterpartsbecause of their age. The Survey ofOverseas Filipinos (SOF) in 2006 found thatfemale OFWs were generally younger than maleOFWs. Almost half (43.5%) of female OFWswere concentrated in the age group 15-29,whereas the male OFWs were evenlydistributed among all the age groups.77

Gender-based violence against migrantwomen is basically linked to migrant women’slegal and social status in the hostcommunities. The low valuation accorded towomen and women’s work in these sectorsassign women migrant workers to “lower classstatus” and they become vulnerable to abusein both the sending and receiving countries.

The violence and abuse suffered bywomen migrant workers can take place at allstages of the migration process: starting athome where their families force them to workabroad against their will, and sexualharassment by recruiters during the77 National Statistics Office, Survey of

Overseas Filipinos, 2006.


recruitment stage. In transit and at theworkplace in the country of destination theyexperience violence in many forms: physical,verbal and mental abuse including sexualviolence; slave-like working conditions;lack of social contacts through deprivationof liberty and freedom of movement; andthreats, intimidation and coercion. Becauseof their close proximity to, and completedependence on their male employers, womendomestic workers are particularly vulnerableto gender-based violence, including sexualabuse. Many abuses that are committedagainst women migrant workers take place inthe so-called “private” domain and areperpetrated by private individuals who wieldpower over the worker.

With the intent of protecting femalemigrant workers from abuses at the worksiteand improving the country’s record on anti-human trafficking measures, the POEAintroduced the Household Service WorkersPolicy Reform in 2007. The HSW policy reformpackage included rules on the non-collectionof placement fees in recruiting domesticworkers; a minimum entry-level salary ofUS$400 monthly; minimum age of 25 yearsold; a mandatory assessment andcertification of skills that would require


enrolment at a TESDA training center; andthe imposition of stricter verificationprocess of employers by the POLOs.

The HSW Policy Reform was imposedwithout any prior consultation with primarystakeholders (OFWs) and migrant NGOs. As aresult, it was maligned and resisted by manymigrant groups because it made entry intodomestic work overseas highly selective andmore costly for the applicant. For repeat-hires who were caught in between contractsand processing papers to go back to theirformer employers, the HSW policy was anobstacle that threatened to terminate theirprospect for continued employment. Thepolicy was also adopted without consultinghost governments, whose support andcooperation were critical to itsimplementation. Countries like Singapore andthe Gulf states issued statements that theycould not comply with the minimum wagepolicy because they do not have a minimumwage law, as they let the market forcesdecide on their salaries. Furthermore, noless than POEA said that since 2007, theyhave noted attempts by recruiters tocircumvent the HSW policy through untruthfulreclassification of female domestic workersinto other job categories not commonly


identified with women, i.e., “sandblasters”. Attempts such as this, may bearrested by conducting strict verificationsystem of the employers at the POLOs onsite.

Restrictive policies affecting womenmigrant workers also came from the hostcountries. Much earlier-- in 2005, therewas a drastic reduction in the large numberof overseas performing artists (mostlywomen) deployed to Japan. This wasattributed to the Japanese government’simplementation of a plan of action to combathuman trafficking. Stricter requirementsfor the entry of entertainers to Japan havesince then dramatically reduced the numberof Filipino entertainers bound for Japan.

At the core of these developments areconflicting issues related to the freedom ofmovement and the right to travel, versus theobligation of the state to protect itscitizens. Policies that are meant toprotect women sometimes result in thecurtailment of some other rights, such asthe right to work and the right to travel.They may even imperil women all the more, asmany, in desperation, opt to go through thebackdoor or agree to be a party to illegalor irregular means of migration. When this


happens, they become more vulnerable to manyother forms and to higher degrees ofexploitation and abuse. There seems to beno easy solution, but even so, observance ofthe basic human rights principles, such asparticipation, should govern the processesof policy development in the management ofmigration.

In the Concluding Comments of theirreview of the Philippine’s performance as astate party to the UN Convention on theElimination of All Forms of Discrimination(CEDAW, 2006) and the Rights of All MigrantWorkers and Members of Their Families (CMW,2009), the treaty committees urged thePhilippine government to respect, protect,and fulfill the rights of women, and tosafeguard women from being victimized bycross-border human trafficking activities.

Undocumented Filipinos Overseas: In2007, the estimated number of undocumentedFilipinos overseas, or those with irregularimmigration status, was 900,023, slightlyhigher than the previous year's 870,00078.The United States was the top destinationfor irregular OFWs, followed by Malaysia. As78 Table 30, POEA Annual Report 2007.

www.poea.gov.ph


http://www.poea.gov.phis/

a destination country of undocumented OFWs,Singapore79 registered the highest increasein 2007, outpacing France, and the UnitedArab Republic (UAE). Undocumented migrantsare the most vulnerable among migrants asthey are practically denied of their basichuman rights because of their irregularimmigration status. They are vulnerable toabuses, are paid lower salaries, and have nobenefits. They also lack job security andrisk not getting their salaries and benefitswhen arrested, detained and deported.

Due to the increased trend inmigration for work, host economies institutemore stringent immigration rules to protecttheir own economies from the deluge ofimmigrant labor. As a consequence,irregular migrants especially women, faceeven greater perils:

“In the midst of these trends,many governments are tighteningimmigration controls, This interplayof competing incentives sets the scenefor exploitation of those most

79 75% of Filipina domestic workers who left for Singapore were undocumented, as reported by the Philippine Embassy to Congress.


desperate: irregular cross-bordercrossers, those in the informalsector, and the poor, For women,these trends spell increasedvulnerability to exploitation andabuse and continuing inequality withmen.” (p4)80

The lack of available jobs in thePhilippines, the crippling poverty andapparent government inaction to improve theeconomy continue to push many Filipinos overand above official government figures torisk working abroad without the necessarywork permits and visas. Many start out withproper work visas but when these expire,they end up as undocumented workers, riskingdaily arrest, imprisonment or deportationrather than come home to the Philippines.

Respect for and promotion of therights of irregular and undocumentedmigrants also requires the cooperation ofgovernments in destination countries. One

80 “Human Rights Protections Applicable toWomen Migrant Workers” A UNIFEM BriefingPaper. UNIFEM Regional Programme onEmpowering Women Migrant Workers in Asia.Roundtable on the Human Rights of WomenMigrant Workers Under CEDAW. Juy 11, 2003.


way is the serious pursuit of bilateralnegotiations with the receiving governmenton how to address the issue of irregularmigration. In most of the Gulf countries, itcould mean advocacy to review and reform the“kefala” or sponsorship system. It can alsoinclude mandatory orientation of employers—individuals and company managers -- tobecome responsible employers. In cases wherereceiving governments undertake programs toregularize undocumented migrants, thePhilippine government should be able toextend full support to the undocumentedworkers in terms of expedite issuance ofpassports81.

Migration Costs and RecruitmentAgencies. Migrants pay enormous amounts ofmoney just to be able to work overseas. As ageneral rule, applying for a job overseas inthe Philippines is done mainly through thelicensed private recruitment agencies.Exceptions are those processed under the

81 During the regularization program forundocumented migrants in Greece, it wasreported by Kasapi-Hellas, an organizationof Filipino migrants in Greece, that thePhilippine embassy was not as cooperativeand supportive of Filipinos who come forthem for passports.


government-to-government arrangements82 andname hires83 as approved by the LaborSecretary. Article 18 of the Labor Codeprohibits direct hiring of a worker forplacement overseas. This rule is intended toprotect applicants from unscrupulous crooksby regulating recruitment through dulylicensed and registered agents. Recruitmentagencies are allowed to collect from theworker a placement fee84 not exceeding theequivalent of the applicant’s one-monthsalary. They can collect also a service feefrom the foreign employer85. Apart from theplacement fees, migrant workers pay for thefollowing costs: Passport, NBI/Police/Barangay Clearance, Authentication, BirthCertificate, Philippine Medical HealthInsurance (Philhealth), Trade test, ifnecessary, Inoculation, when required byhost country and Medical Examination Fees.

82 The Employment Permit System (EPS) is onesuch GO-GO arrangement between thePhilippines and Korea

83 Jobs are secured directly from foreignemployers but processed through POEA.

84 Domestic workers are now exempted frompaying placement fees under the HouseholdService Workers Policy Reform

85 Ibid..Rule V, Section 1.


On the other hand, the following itemsshould be charged only from the foreignemployers: Visa Fee, Airfare, POEAProcessing Fee and OWWA Contribution.

However, it has been the experience ofmany migrants that most of the fees andcosts contingent to their deployment areborne by them. Worse, recruiters charge theworkers with exorbitant placement fees.

Foreign brokers and manpower agenciesin receiving countries also extractplacements and service fees from themigrants as in the case of Hong Kong, Israeland Taiwan to cite a few. This results todebt bondage for a lot of them.

Labor migration has become a lucrativeand profitable business for the governmentas well as for the private sector. They bothgenerate enormous earnings and profits fromeach worker that is processed and deployedoverseas. The Philippine Congress and POEAhave enacted policies and regulations tocurb illegal recruitment, trafficking andprevent collection of exorbitant fees fromthe OFWs. Unfortunately, these regulationsprove insufficient to curb the problemsdecisively. Migrants continue to be victimized


by illegal recruitment and trafficking. Theyincur enormous debts because of the fees theyhave to pay in exchange for a job overseas.

The Anatomy of Migrant Indebtedness: The caseof a Filipino factory worker in Taiwan workingfor a 3 year contract86 It takes 12 to 18months for migrants to Taiwan to pay off thedebts they incurred in the process of goingthere and when in case their contract isterminated before this time, they return homestill saddled with debts. Such a situationbecomes even more problematic for caregiversand domestic workers who earn below theminimum wage of NT$15,840.

On-site Offices and Services. Due tofund limitations, coupled sometimes withrestrictions from host governments or as a

86 Hope Workers Center, Taiwan


Monthly AutomaticDeductions / ParticularsAMOUNT (NT$)REMARKSGross Minimum Wage = NT$17,280Average Income of a worker in Taiwan is NT$46,600 (2007 figures)Food and Board4,000Broker’s Service Fee(automatic deduction from monthly salaries)1,8001st yr = NT$21,6002nd yr = NT$20,4003rd yr = NT$18,000Total Deductions = NT$60,000 (US$1,700)TAX2,376Health Insurance225Labor Insurance215Total Deductions/monthNT$8,616Net monthly income = NT$8,664 (US$255)Net Annual Income = NT$103,968 (US$3,060)Placement Fee

(Philippines) (one time payment)Between 70,000 to 90,000Legal ceiling is NT$28,000

matter of diplomatic reciprocity, thePhilippine government is unable to put upadditional missions where they are needed. Agood number of Philippine missions covermore than one jurisdiction and/or country.The Philippine embassy in Riyadh, SaudiArabia for instance, takes care of some750,000 Filipinos in Riyadh and Al Khobar,as well as OFWs in Yemen. The embassy inAthens also oversees OFWs in neighboringCyprus. In the case of the estimated 6,000to 8,000 Filipinos in Iraq, the Philippineembassy to Baghdad was moved to Amman,Jordan following the pull out of Philippinetroops from Iraq in 2004.

Currently, the Philippines has 8887

embassies, consulates and other Philippinemissions, 3 Offices of Manila Economic andCultural Office in Taiwan, 37 PhilippineOverseas Labor Offices (POLOs)88 and 20Filipino Workers Resource Centers (FWRCs)89

87 Referenced from DFA Report to Congress January-June 2008. DFA recently opened 6 additional posts in Macau, Oslo, Barcelona, Chong Qing, Damascus and Frankfurt. (see newspaper report on OAV registration updates)

88 11 in Asia (37%); 14 in Middle East (49%), 12 in Europe (10%) and Americas (4%) combined

89 Mandated by RA 8042 in places where there are more than 20,000 Filipino migrants.


are the primary institutional mechanismsoverseas to carry out these policies. Interms of personnel complement overseas, OWWA(Overseas Workers Welfare Administration)has 39, DOLE-POLO (Department of Labor andEmployment- Philippine Overseas LaborOffice) has 230 and DFA OUMWA has 8590. ForDFA, as of February 2009, the total numberof DFA personnel deployed in foreign serviceposts was 1,169 including those from theOUMWA91.

Efficient, prompt, adequate andquality on-site services to OFWs,particularly to those in distress, areseverely hampered by the acute lack ofembassy personnel. In 2006, the there wasonly one POLO/OWWA staff for every 5,712

90 Sectoral Performance Audit Report on TheOverseas Workers Welfare Program of theGovernment. CY 2005-2006. Management ServicesReport No. 2007-01. Sectoral Performance Audit.Commission on Audit. Page 27.

91 Based on CMA interview with a DFAadministrative personnel. March 12, 2009.


OFWs in one location. It was worse in somedestination countries where the ratio ofPOLO/OWWA staff to OFWs ranged between onestaff to every 5,712 OFWs, to a maximum ofone staff to every 100,000 OFWs. Conversely,the ratio of POLO/OWWA personnel to welfarecases is 1 personnel to every 84 cases, upto a maximum of 1 personnel for every 6,524cases92

Where are the resources to matchgovernment’s praise and responsibility? Itis ironic that while the government lamentson the lack of resources –human, materialand financial – to adequately respond to theneeds of the migrant workers and theirfamilies throughout the migration cycle,there exists an agency –the OverseasWorkers’ Welfare Administration (OWWA) –that has some P11.7 billion in welfarefunds? This fund is a welfare fund formigrant workers. However, in 2003 the OWWABoard of Directors promulgated the OWWAOmnibus Policies and in effect limited the

92 Sectoral Performance Audit Report on TheOverseas Workers Welfare Program of theGovernment. CY 2005-2006. ManagementServices Report No. 2007-01. SectoralPerformance Audit. Commission on Audit.Page 83.


beneficiaries of the welfare fund only tothose who pay the mandatory US$25contribution. This is contrary to the lawthat created the welfare fund. Moreover,OWWA is the only agency of government thatdoes not receive a budget allocation fromthe General Appropriations Act of Congress.

Political rights and representation ingovernance structure. The overseas absenteevoting (OAV) election turn-out in 2007 was amajor disappointment. From a totalregistered OAV voters of almost half amillion overseas absentee voters, the turn-out dropped from the previous 65% to ameasly 16% - leading pundits to question thewisdom of pouring resources into the OAVexercise. But CMA, OFWs and other NGOsquickly pointed out that registration lackedsufficient information and education to thenew voters, resulting in many registrationerrors. While postal voting was expandedfrom 3 to 59 posts, OFWs did not know theyhave to inform the election registrar oftheir transfer of address, they beingtypically mobile. In 2004, among the goodpractice of some posts was reaching out tothe Filipino community, particularly theirorganizations and NGOs. But most posts didnot actively enjoin them in the 2007


political exercise. The lack of sufficientinformation and education campaign onoverseas absentee voting effectivelymarginalized and discriminated againstoverseas Filipinos.

Slow action by legislators on theamendments proposed for addressing the law’sweaknesses, which surfaced during itsimplementation in the past two elections;continue to disenfranchise some 3.6 millionFilipino immigrants and permanent residentsabroad. The House version passed to theSenate still requires an affidavit of returnto be able to register, albeit it reducesthe deadline of return from 3 years to sevenyears. On the other hand, the Senate versionproposes to repeal this discriminatoryprovision towards Filipino immigrants andpermanent residents. Legislative action isurgent, considering that voter registrationfor purposes of the 2010 elections hasalready started in February 2009 and willend in August 2009.

Other outstanding issues that thegovernment needs to address in theimplementation of the OAV law are the mobilenature of seafarers, the low participationof undocumented workers and OFWs who are not


within easy access to an embassy orconsulate that serve as registration andvoting centers. In addition is an amendmentto expand the participation of OFW in votingexercises for national plebiscites andreferenda.93

Finally, the Government does not fullyfulfill the right of OFWs to adequate anddemocratic representation in agenciesconcerning them in the POEA Governing Board,the OWWA Board of Directors, and thePhilhealth Board. OFWs are not docilesubjects and recipients of governmentpolicies and programs. The selection processfor representation to these bodies are notknown to the migrants at all. Part of theirempowerment, of being able to stand up fortheir rights and be protected, is to bevisible, counted, consulted and be part ofthe governance structures.

No consultation, No Voice in Decision-Making. The case of POEA’s MemorandumCircular 4, Series of 2007 entitled“Guidelines on the Direct Hiring of FilipinoWorkers” issued in December 18, 2007 was a

93 Rojas, Henry. Overseas Absentee Voting: The Philippine Experience. Center for Migrant Advocacy, 2005.


classic example of formulation andimplementation of a government policytotally bereft of adequate consultation withthe OFWs themselves. This runs counter tothe Migrant Workers Act of 1995 (RA 8042)which pledges government cooperation withnon-government organizations in protectingthem and promoting their welfare. While theMC 04 purported to enforce the ban ondirect-hiring under Article 18 of the LaborCode, it actually expands the exceptions tothe ban, opening the gates for directhiring. It also requires the employer topost unrealistic surety bond premiumostensibly to provide for assistance to OFWsin case of distress. This will likely bepassed on to the Filipino workers abroadthemselves just like the OWWA membershipfee.94

Due to much protest against it, thenPOEA Administrator Baldoz was forced tosuspend MC 04 on February 14, 2008. Similarto the MC 04, the Household Service Workers’policy reform which was issued in December2006, and implemented without sufficientconsultation in March 2007, led to many

94 Atty. Henry Rojas, CMA legal counsel, pinoy-abroad-forum exchange, Feb. 11, 2008


complaints from domestic workersthemselves.95

Social Costs of Migration. UNICEFdeputy country representative Colin Davissaid around 56% of migrants are marriedbased on 2000 data. If there are 1 millioneach of female and male OFWs abroad who aremarried, and assuming an average of threechildren per household, there are sixmillion children left behind who are at riskfrom the social costs of migration.96

Restrictive policies both in thePhilippines and countries of destinationcontribute to the social costs of migrationby widening the distance between migrantsand their families. The HSW reform policyas well as the ban against working inLebanon has prevented many women OFWs tovisit their families. Many of them do notwant to go home and risk losing their jobsdespite their lower salary. Furthermore,many countries, e.g. Israel, discourage, if

95 Saudi recruiters endorse RP's 'supermaid' policy. GMA news TV 03/05/2008

96 United Nations Children's Fund (UNICEF)-Philippine Institute for DevelopmentStudies (PIDS) Seminar Series on PublicPolicies and the Rights of Children.


not disallow family reunification –contributing to the break up of manyfamilies that impact negatively on migrantworkers’ children.

Children are also casualties of thenegative aspects of migration. The right tonationality of children of undocumented OFWsin Sabah is violated due to theinaccessibility of civil registration at thePhilippine consulate in faraway KualaLumpur. Their lack of documentation exposesthem to risks of continuing raids, arrests,and detention in subhuman conditions anddeportation.97

A recent research found that migrationof parents risks their adolescent childrento become "worse off" in life, as presentedat the United Nations Children's Fund(UNICEF)-Philippine Institute forDevelopment Studies (PIDS) Seminar Series onPublic Policies and the Rights of Children.Because OFWs are absentee-parents, their children, aged 13 to 16, are more“susceptible to being engaged in unwarrantedacts, such as premarital sex that results inteenage pregnancies and subjects them to97 CMA and Mujeres. A report on irregular

migration and human trafficking. 2007


abuse, whether sexual or physical; or theygo into drugs.”98

Scalabrini Migration Center’s Dr.Maruja Asis said children of OFWs requiremore attention and monitoring because mostalready share in household responsibilities,especially the eldest who usually assumespart of the absent parent/s’ duties, sharingthese responsibilities with an olderrelative such as a grandparents. AuroraJavate-de Dios of Miriam College's Women andGender Institute (WAGI) said this isespecially prevalent among female firstbornswho assume the care giving responsibilitiesof OFW mothers, given that the latter "takeaway 80% of care-giving factors when theyleave”99

The labor migration paradox says “Welove you so we have to leave you!” referringto the parting words of migrant parents totheir children when the former leave for

98 Rosemarie Edillon. “The Effects of Parent’s Migration on the Rights of Children Left Behind”

99 Cai U. Ordinario. OFW kids ‘worse off’ in life. http://www.abs-cbnnews.com/storypage.aspx?StoryId=109963


work overseas and leave their childrenbehind. The impact of these simple words onthe children of migrants is deep and can belong lasting. Initial studies reveal bothpositive and negative impact on thechildren. What is established however isthat the mass migration at present resultsto family redefinition, adjustments andshifting of roles and responsibilitiesespecially in regard the caring work amongfamily members. These changes in theFilipino family challenge the concept of theFilipino family that both the church andstate uphold.

At the same time, the same migrantfamily challenges the policies indestination governments and theinternational community as well. This isespecially compelling in the light of the UNConvention on the Protection of All MigrantWorkers and Members of Their Families whichaffirms the fact that migrants are notsimply workers but are human beings withfamilies whose rights must be protected andpromoted as well.

Reintegration. Of the one million OFWsleaving each year, 60% are rehires. Thistrend of cyclical migration indicates not


only the lack of viable jobs in the countrybut also the lack of a comprehensivereintegration program for returningworkers.100

During their employment abroad, manyoverseas Filipinos are able to provide fortheir families’ basic needs, improve theirliving conditions, send their children tobetter schools, set up small businesses, andgain other material benefits. The Survey onFilipinos Overseas (2006) and studies byOrozco and Fedewa101 and the UP Center forWomen’s Studies102 confirm that a bigproportion of OFW remittances are spent forthe daily expenses of the household. Thesefindings show that a big majority of OFWfamilies are dependent on remittances for100 The National Reintegration Center that the

DOLE launched in March 2007 continueswithout a specific budget – a measure ofthe lack of seriousness of government

101 Orozco Manuel, with Rachel Fedewa. 2005.“Regional Integration? Trends and Patternsof Remittance flow within Southeast EastAsia,” TA 6212-REG Southeast Asia WorkersRemittance Study.

102 University of the Philippines Center forWomen’s Studies Foundation, Inc. Gender,Remittances and Local Development, 2009(Draft Report)


their sustenance, and despite the socialcosts involved, the prospect ofreintegration or returning for good is anevent that most OFWs and their families wishwould happen later than sooner.

Savings and investments from income inoverseas work are minimal, particularlyamong OFWs who are in the low-skilled andlow-income categories. A large number ofOFWs return home without savings, orwhatever meager savings they have begin todry up during the period of unemployment inthe Philippines. Workers who are past theirprime productive years find it difficult tocompete with local workers in finding jobs.Those who land on local jobs find theirsalaries inadequate. Some are asked to beginat a lower position than what their workingexperience abroad commands. On the otherhand, returned OFWs who try to set upbusiness ventures are discouraged by therisks and the prohibitive bureaucraticrequirements.

These realities are rooted in thegovernment’s failure to capitalize on theOFWs’ remittances. It has been remiss inworking out a more responsive, productive,sustainable and effective OFW reintegration


program.103 This neglect persisted even after1995 when Republic Act 8042 mandated thePhilippine government, specifically theOverseas Workers Welfare Administration(OWWA) to carry out a reintegration programfor overseas Filipino workers.

Any reintegration program wouldrequire the concerted and coordinatedefforts of migrant organizations, GOs, NGOs,Local Government Units (LGUs), enterprisedevelopment centers, schools, churches, andother groups and organizations.104 However,the resolve and capacity of the individualmigrants themselves as well as those oftheir families are key to its success. Anapproach to reintegration needs to beginbefore the return phase. It is a processthat should start from pre-departure andcontinue through the employment and postemployment phases.105

Government has the biggest role in allthis. Any reintegration program must formpart of a country’s national development

103 Corros, Edwin. Reintegration Programs in the Philippines. Episcopal Commission on Migrants and Itinerant People. 2004

104 Ibid105 Ibid


program. Economic reintegration needs toinclude capacity building on financialmanagement and enterprise development, theestablishment of enabling mechanisms, andthe creation of incentives for savings andinvestments for OFWs and their families.

Until government draws and implementsa coherent, comprehensive reintegration106

program for returnees, Filipino workers willcontinue to re-migrate in droves, if notsettle abroad for good. Many will continuerisking going abroad as irregular orundocumented migrants just to earn money toprovide for their families’ needs.

The Philippines is not a global modelon the promotion and protection of therights and well being of OFWs and theirfamilies. On April 23-24, 2009, the UNCommittee on the Rights of All MigrantWorkers and Members of Their Families (UNMWC) examined the Philippine government'scompliance with the provisions of the UN

106 Reintegration is the term that has come tobe accepted in referring to programs thatare mainly designed to facilitate the re-entry of OFW s into the economicmainstream on the premise that such re-entry is a difficult task.


Migrant Workers Convention107. It concludedthat while the Philippines has variousinitiatives and programmes in response tothe challenges of labor migration, it isconcerned at the same time that“implementation, follow-up and evaluation ofthese programmes are insufficient.” TheCommittee therefore recommended that itshould have proper follow-up procedures aswell as clear measurable and time-boundtargets in order to facilitate tracking ofimplementation of these various programs andservices. Furthermore, the Committeerecommended that the government “review itslabour migration policy in order to giveprimary importance to human rights ofmigrant workers...”108

The Committee's Concludingobservations which included the above107 The Philippine government's examination was due in 2004 but it was not ready to report until 2008.

http://www2.ohchr.org/english/bodies/cmw/cmws10.htm108 Concluding observations on the Philippinesby the UN Committee on Migrant Workers.

http://www2.ohchr.org/english/bodies/cmw/cmws10.htm


recommendations, clearly puts in questionthe claim of the Philippine government thatit is a global model on labor migration.109

The Philippine government’s strongestpoints are its establishment of major lawsand policies that aim to protect the rightsof migrant workers and their families.However, there is a big gap between what arewritten in paper and reality. To many OFWs,the Philippine government falls short as aglobal model of migration because of itsinefficient and ineffective structures thatfail to realize the true intent of itspolicies and laws.

The systematic management of overseasdeployment through a myriad of pre-departurerequirements entails the extraction of fees,to which the government has earned so muchrevenue but given back so little to OFWs.On the one hand, government has been inutilein putting an end to illegal recruitment109 The Philippine government, in itsstatement before the UN Committee onMigrant Workers stated that the Philippines is

“..a model in migration management amonglabor sending countries in Asia..” OpeningStatement of Ambassador Erlinda Basilio,Head of Philippine Delegation to the UN MWC 10th

Session. April 23, 2009.


practices and exorbitant placement feesimposed by private recruitment agencies andsometimes perpetuated by a layer of corruptgovernment officials. On the other, thePhilippine government’s focus on expandingthe labor market overseas vis a vis theregulation of migration processes isworrisome because its priority and measuresof success rest on increasing of the sale ofhuman labor as commodities, rather thandecreasing the opportunities for humanrights violations to occur.

On-site, government again fails toprovide much needed services to OFWs,especially to OFWS in crisis situations.There are reports about the indifferent andhaughty behavior of embassy staff that areexpected to assist OFWs, lamentably theyhave not been oriented on the pro-poor andrights-based philosophy to which governmentis committed through various national andinternational instrumentalities. The genderinsensitivity of some embassy staff causerepeated trauma on help-seeking victims ofgender-based violence. Furthermore, thedisproportionate number of Philippinesembassies or consulates vis a vis the sheermass of OFWs in a region or countryillustrate the lack of seriousness in


investing on the protection and welfare ofOFWs who have gained the status “mga bagongbayani” or new heroes because they are theforce that keep the Philippine economyafloat.

Upon reintegration, OFWs come home tothe same conditions that they left becausegovernment, for many reasons and excuses,has failed to capitalize on their gains. Itis a classic case of failing to do thehousework while the breadwinner is outworking for wages. Despite its repeatedclaims that the promotion of overseasmigration is but a temporary economicmeasure, the Philippine government is unableto tell when it will end because the countryup to now remains poor, with highunemployment, and no developed industries tospeak of. Thus, migration for labor becomesa forced option in a permanent cycle ofcoming and going of OFWs who pay the highprice of separation from their families inexchange for a new assignment that will savethem from joblessness in their home country.

Is the Philippines a global model onmigration? In some aspects it has done alot to manage the deployment process so thatit can run smoothly. But on many occasions,


it has failed to respect, protect, andpromote the rights of its citizen-migrants.Most disappointing is its lack of foresightand long-term vision on how the positiveoutcomes of migration can be harnesses andused to make labor migration a truly freechoice for each person. Taking into accountthese imperfections, the Philippines doesnot deserve to be known as a global model onmigration.

PART II. Revisiting the Dr. Alfredo J.Ganapin Advocacy Forum Series, 2004-2008

Background. The Center for MigrantAdvocacy (CMA) and the Friedrich EbertStiftung (FES) have partnered in organizing


the Dr. Alfredo J. Ganapin110 Advocacy ForumSeries (AJGAFS), a quarterly public forumthat brings together government and migrantsrights advocates in a productive dialogue onissues affecting OFWs and their families.Started in 2004 and formally launched in2005, the AJGAFS has covered a variety ofareas ranging from the present lot ofspecific migrant groups such as nurses,domestic workers, seafarers and OFW familiesto local and international instrumentsconcerned with labor out-migration such asthe Magna Carta for Seafarers, the ASEANDeclaration on the Protection and Promotionof the Rights of Migrant Workers, andRepublic Act 8042 (the Magna Carta forMigrant Workers and Overseas Filipinos).Problems such as illegal recruitment,trafficking, and irregular migration as wellas trade issues such as implications of theWorld Trade Organization’s GeneralAgreements on Trade in Services (WTO GATS)were also addressed.

110Dr. Alfredo J. Ganapin, Jr. was an OFW inRiyadh, Saudi Arabia –a tireless, dedicatedmigrants' rights advocate; The forum was namedafter him following his untimely death fromcancer in December 2004 in Saudi Arabia


Regular participants to the 18 forumsincluded not only a number of officers andmembers of NGOs active in migrant issues,but a mixture of heads and representativesof government agencies and Congressionalcommittees concerned with the migrantsector, as well as OFWs and family members.All the forums produced a number ofresolutions, proposals and promises, eitheragreed upon at the forums, preparedbeforehand by participants, or simply drawnout from the discussions. Noteworthy is notjust the large number of challenges posed byNGO participants, but also the frequency ofpromises and resolutions forwarded bygovernment representatives.

The variety of issues and topicsdiscussed in previous AJGAFS include thefollowing: the situation of specific migrantgroups such as nurses, women migrantworkers, seafarers and OFW families;national and international instrumentsconcerned with labor out-migration such asthe Magna Carta for Seafarers, ASEANDeclaration on the Protection and Promotionof the Rights of Migrant Workers, andRepublic Act 8042 (Magna Carta for MigrantWorkers and Overseas Filipinos) includingthe Overseas Absentee Voting Law; and


problems such as illegal recruitment,trafficking and irregular migration, on-siteprotection, localized migrant situation andtrade issues such as WTO GATS.


The AJGAFS Forums 2004-2008

2004 -CMA-FES Public Forums July 6, 2004

Round table Discussion on Overseas Absentee Voting

July 19, 2004

Overseas Filipinos Agenda Building Conference

Aug 31, 2004

On-site Protection for Migrant Filipinos

2005 - start of CMA-FES Public Forum as AJGAFSMar 18, 2005

WTO GATS Mode 4: A Prescription for Migration?

Jun 24, 2005

Protection of the Rights of Migrant Workers and the Role of Trade Unions in Labor-Sending and Receiving Countries

Sept 30, 2005

Policy Issues on Skilled Migration: The Case of Filipino Nurses

Dec 1, 2005

“Pinay X-Abroad”: Stories of Tears and Triumphs

2006

Mar 31, 2006

Ganito Tayo Ngayon, Paano Tayo Bukas? Prospects of Filipino Labor Migration and Philippine Development


July 26, 2006

OFWs, Irregular Migration, and Trafficking, Zamboanga City

Sept 29, 2006

National Forum on the 2006 ILO Maritime Labor Convention: Implementing the Magna Carta forFilipino Seafarers, Cebu City

Dec 15, 2006

Round table Discussion on Practical and Legal Remedies to Address the needs of Families Abandoned by Overseas Filipino Workers

2007

Feb 22, 2007

The ASEAN Declaration for the Protection and Promotion of Migrant Workers: What’s Next?

June 29, 2007

Promoting and Fulfilling the Human Rights of 8042, RevisitingRA 8042 and Beyond

Sept 14, 2007

A Call to Action: Know Your Rights, No to Illegal Recruitment and Trafficking, Baguio City

Dec 7, 2007

The Effectiveness of Migrant Workers’ Education and Information

2008Mar 12, 2008

Filipino Labor Migration: What Role for Congress

July 29, 2008

Democratization through Migration


September 19, 2008

The Philippines: A Global Model on Labor Migration?

2003 Significant Moments:


The 12th Congress of the Philippinesenacted several laws for overseasFilipinos, namely:

a. Republic Act (RA) 9189 otherwiseknown as the Overseas AbsenteeVoting Law of 2003

b. RA 9225 or the CitizenshipRetention and Re-acquisition Act of2003

c. RA 9208 otherwise known as theAnti-trafficking in Persons Act of2003

The OWWA Board of Directorspromulgated the OWWA Omnibus Policieswhich was resisted by OFWs andadvocates

The UN Convention on the Protection ofAll Migrant Workers and Members oftheir Families entered into force onJuly 1, 2003 after the 20th

ratification of a State party.


Overseas Filipinos participated forthe first time in Philippine national


elections in the 2004 NationalElections

OFW Angelo de la Cruz was kidnapped inIraq; he was subsequently releasedfollowing the Filipino troops pull outfrom Iraq; a total travel anddeployment ban to Iraq took effect

President Gloria Macapagal-Arroyosigned Executive Order (EO) 392 toeffect the transfer of OFW MedicareBenefits from OWWA to Philhealth

The 92nd International Labour

Conference (ILC) of the ILO, for thefirst time, had included in itsformal agenda a general discussion onmigrant workers

A Round Table Discussion: Defend and Amendthe OAV LawJuly 6, 2004

Context: Finally, after more than 16years, the 1987 Constitutional mandate forCongress to enact an enabling law for asystem of overseas absentee voting toqualified Filipinos overseas came intofruition with the passage of Republic Act


9189 also known as the Overseas AbsenteeVoting Law of 2003. The total number ofregistered voters was 364,187 whichrepresented 37% of the 975,000 projectedmaximum number of registrants based onconditions of the law. The OAV voters turnout was a high 65% or 233,092.

In absolute terms, the number ofregistrants was still very low. The mainfactor for this was the constraints in thelaw, namely the requirement for personalappearance in limited number of Philippineposts abroad. Another factor isdisqualification clause for Filipinoimmigrants and permanent residents, many ofwhom, formed part of the 1.6 millionFilipinos in the US. The conduct of votingfor seafarers, whose number is 200,000 to300,000 on board foreign vessels at any onetime proved problematic too. The manner ofvoting which was principally personal withthe exceptions of 3 posts, namely Japan,United Kingdom and Canada which were allowedpostal voting was quite a hurdle too.

Objectives and Outcomes: The roundtable discussion served as the forum forFilipino migrant groups and advocates fromAsia, Middle East, Europe and the US, all of


whom were also active in the campaign forthe enactment of the OAV Law, to cometogether with both the executive andlegislative branch of government to share ontheir experiences, analysis, and insights onthe conduct of the first-ever absenteevoting for overseas Filipinos. It was anoccasion to share also the strong sense ofcollaboration and partnership between thegovernment offices on site and the Filipinocommunities. The forum came up with severalrecommendations on how to improve theconduct of the OAV for its second timeimplementation in the 2007 mid termelections.

Recommendations: Recommendations fromthe forum were addressed mainly to both theCOMELEC and Congress. For the former, therecommendation included informationdissemination on the process of elections aswell as on the candidates, preparation andactual conduct of registration, voting andcounting of the votes, quality, quantity andtimely dispatch of election paraphernalia tothe posts. For Congress, the outstandingrecommendations included: repeal of section5d on the “disqualification” of Filipinoimmigrants and permanent residents; giving


the option to voter to choose between postaland personal.

Continued Relevance: The right tosuffrage is a basic human right of citizensin a democracy. The active participation ofoverseas Filipinos in political andelectoral exercises in the country and inthe host countries too, is critical in theadvocacy for good governance and responsiblecitizenship. In the 2007 mid-term elections,the OAV turn out was a dismal 16%. It waseasy to interpret the results as amanifestation of the waning interest ofoverseas Filipinos to participate in thepolitical affairs of the country. But we begto differ as we took a close look at thecritical factors and developments thattranspired between 2004 and 2007 that madethe overseas electorate shy away from thepolls. Foremost in our list was the taintedimage of COMELEC itself because of the“Hello Garci” scandal which cast doubts asto the real winner of the 2004 Presidentialelections. The severe lack of information onthe process and deadlines for registrationand voting, where postal and personal votingwill be conducted, the profiles ofcandidates was a big problem too, not tomention the fact that coordination and


cooperation between the posts and thecommunity associations of Filipinos was attheir minimum, if not totally nil. As the2010 Presidential elections draws near,amidst talks and intrigues of Charter changethat can abort the holding of elections,there is a need for Congress to enact thenecessary amendments to the OAV law in orderto make it more effective and enfranchising.

Overseas Filipinos Agenda BuildingConferenceJuly 19, 2004

Context: Following the first timeimplementation of the OAV in the May 2004elections, there was renewed vigor from themigrant sector to pursue its agenda inCongress and with government as a whole.CMA and FES, in partnership with AMEND,Unlad Kabayan, Atikha and Akbayan Citizens’Action Party initiated the Overseas Filipino(OF) Agenda Building Conference.

Aims: The conference aimed to furtherraise awareness, deepen understanding of andlevel off on the OF agenda that OFs, theirfamilies, their organizations and advocateswant to put forward to the 13th Congress ofthe Philippines and outside of it. It also


aimed to provide a forum for cooperationbetween and among migrants’ rights advocatesand Congress.

Recommendations: The following werethe issues identified for the migrants'agenda addressed to the executive andlegislative branches of government:Amendment to RA 8042, particularly therepeal of sections 29 and 30 onderegulation; OWWA – to scrap the OmnibusPolicies and address question oftransparency and fund management; Seafarers– enact a Magna Carta for Seafarers;Overseas Performing Artists (OPAs) –toimplement the Anti-trafficking law;Reintegration –to enact national and locallegislation in support of reintegrationprograms; create an enabling environment;HIV-AIDS – implement RA 8504 or the AidsPrevention and Control Act of 1988;incorporate health insurance in the OFW workcontracts; Overseas Absentee Voting Law(OAVL) – improve implementation and amendprovisions to make the law moreenfranchising to OFs; forge Bilateralagreements to promote and protect rights ofOFWs; ratify international conventions.


Continued Relevance: The migrantsagenda crafted in the forum remain relevantto date, and many remain un-acted upon likethe OWWA issue, the Magna Carta forSeafarers and the amendments to the OAVL. Aproud legacy though of the 13th Congress wasthe enactment of Republic Act 9442 repealingthe deregulation provisions sections 29 and30 of RA8042 and strengthening theregulatory powers of the POEA.

“How Safe are Pinoys Overseas?” A Forum onOn-site Protection for Migrant FilipinosAugust 31, 2004

Context: In the summer of 2004, aFilipino migrant working as a truck driverwas kidnapped and taken hostage in Iraq bymilitants demanding the pull out of Filipinotroops from the country. The OFW Angelo dela Cruz was released and the Filipino troopswere pulled out. In addition, the governmentissued a total travel and deployment ban toIraq amidst questions of the government’sreadiness and capability to guaranteeprotections for its migrant workersparticularly those in countries withpolitical instability. In light of theseevents, the August 31, 2004 forum sought toexplore the existence and efficacy of on-


site protection for OFWs scattered in morethan 190 countries and destinations abroad.This forum was co-organized with the UPAsian Center.

Aims: Among the questions raised werethe following: What are the protectivemechanisms in place to guarantee the safetyand well being of Filipinos overseas? Aresuch mechanisms effective? Where are thegaps in these mechanisms? The aims of theforum included the following: (1) toacquaint migrant and human rights advocatesof existing on-site protection for overseasFilipinos; (2) to identify the gaps andprotection deficits and arrive at possiblesolutions and recommendations; (3) and toshare best practices as well as new arenasand approaches for intervention especiallyfor non-State stakeholders and NGOs.

Recommendations: On-site protection ofOFWs is multi-dimensional. It entailslooking at the following areas of concern:personal safety, e.g. against abuses byrecruiters and employers; safety in terms ofaccess to legal protection in the hostcountries; occupational safety, especiallyfor factory workers handling machinery,seafarers; and, safety in relation to the


political situation of host countries,especially in conditions where there isarmed conflict (such as Iraq, Lebanon).

Continued Relevance: The on-siteprotection of migrants continues to be anissue as the number of Filipinos leaving thecountry for work continues to increase everyyear and will be so in the many years tocome especially now that there is a globaleconomic and financial crisis. The topicalso calls attention to mechanisms in place--both personnel and policies and conduct ofdiplomatic and foreign relations of thegovernment –that OFWs can rely on if crisisbreaks out en masse or when they are in adistressed situation. On-site protectionalso calls attention government's view andconduct of its foreign relations,specifically in its decades-long closerelationship with the US and how theseimpact on the safety and well being of theOFWs. Conversely, it is quite important thatmigrants rights advocates does not look atthe OFW safety issue in isolation but inrelation to both domestic and internationalpolicies, both in the short term and in thelong term.



The Global Commission on InternationalMigration (GCIM) under the office ofthe UN Secretary General released areport on migration which was aculmination of 18 months of worksetting off the UN in undertakingefforts to address the issue ofmigration.

The ILO adopted a non-binding rights-based framework to address labormigration. This framework seeks tofill in the gaps posed by ILOConventions 143 and 97 in regard toequality of treatment of migrantworkers.

Migrants’ rights advocates joined thetrade unions and other basic sectorsin protesting the neo-liberal agendaof the World Trade Organization (WTO)during its Ministerial Meeting in HongKong. It was a historic moment formigrants’ rights activists as theycame to grips with GATS, mode 4 inparticular.

The CEDAW Working Group started towork on the elements of a draft


general recommendation that willextend comprehensive protection to allwomen migrants. The GR which became GR26 was adopted by the CEDAW Committeein 2008.

Japan, alarmed by being listed in theUS anti-trafficking report,implemented a new policy that resultedto restricted entry of overseasperforming artists to Japan.

Phil Health took over OFWs Medicare.

WTO GATS Mode 4: A Prescription forMigration?111

March 18, 2005

Context: GATS (General Agreement onTrade in Services) seeks to open upservices, the largest sector in mosteconomies today. The GATS authors identifiedfour modalities to liberalize trade inservices, namely: Mode 1 –Cross Border –service crosses national boundaries, e.g.remittances; Mode 2 – Consumption abroad –consumer crosses national boundaries, e.g.111

http://www.pinoy-abroad.net/lungga/index.shtml?apc=i--4431-




tourism; Mode 3 – Commercial presence –setsup shop in another country; and, Mode 4 –Movement of natural persons (e.g. postingexpatriate managers overseas)

Under GATS, trade negotiation is donethrough a unique request-offer process. Amember country can “request” another to openup certain service industries, while thelatter can respond by making “offers” on howmuch it is prepared to liberalize. Percalendar of the WTO (World TradeOrganization), member countries have untilMay 2005 to finalize their “offers”. On thesecond week of December 2005, the WTOMinisterial Conference will be held in HongKong.

It is quite interesting that Mode 4was lobbied for by developing member statesof the WTO perhaps, in the hope of boostingtheir overseas employment program. To datehowever, Mode 4 remains very restrictive.GATS explicitly states that the Agreementdoes not cover movement of people in searchof jobs, meaning migrant workers are stillthe subject of strict visa and immigrationrules of labor-receiving countries.


Migrants rights advocates are fearthat in so conceptualizing migrant work—awayfrom the universally accepted definition ofthe UN as per the UN Migrant WorkersConvention—it may lead to dehumanization,commodification per the needs of labor-receiving countries, and denial of rights asenshrined in the international legaldefinition.

Aims: The advocacy forum aimed to havea basic understanding of the issues andconcerns regarding GATS and Mode 4 inparticular and how these impact on thesituation and rights of migrants,particularly on women migrants who dominatethe services sector. It will also examinethe Philippine government’s position on ModeIV vis-à-vis its avowed commitment toprotect and promote the rights of OFWs.Apart from understanding the whole WTO-GATSprocess within the purview of globalization,the forum addresses the urgency for themigrant sector to understand better how Mode4 operates and more importantly, how itconfigures in the advocacy for migrantsrights.

Continued Relevance: Questions raisedin this forum have become even more


pronounced following the deadlock inmultilateral trade discussions and the onsetof trade bilateral agreements in the form ofEconomic Partnership Agreements (EPA) andFree Trade Agreements (FTA) that countriesof the North try to forge with countries andregional blocs from the South. ThePhilippines has ratified the Japan-Philippines Economic Partnership Agreement(JPEPA) last October 2008. Talks between thePhilippines and the European Community areon-going in connection with the ASEAN-ECFTA. These two developments will bear ondeployment of Filipino workers to Japan andother ASEAN countries.

Protection of the Rights of Migrant Workersand the Role of Trade Unions in Labor-Sending and Receiving Countries112 June 24, 2005

Context: In the 92nd InternationalLabor Conference of the International LaborOrganization, in June 2004, a generaldiscussion on migrant workers was includedin the formal agenda. It was the first time

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that the ILO took up in a formal meeting theissue of migrant workers.

Trade unions play a significant rolein the protection of migrant workers inorigin and destination countries --welcomingthem in the unions as members and/orassisting them in organizing themselves intomigrant worker unions are crucial insafeguarding the rights of migrant workers.

According to an ILO project in 1994-1995, migrant workers are slow in joiningthe trade union movement due to thefollowing: lack of interest in trade unionactivities; unwillingness to pay unioncontributions; ignorance about unionactivities; avoidance of interaction withthe law enforcement authorities ofdestination countries; suspicion of beingused by the trade unions for wrongfulpurposes; and, some pressure fromauthorities in origin countries not to getinvolved in any political or socialactivities in destination countries.

Overseas Filipino workers are notwanting in self-help organizations. They areorganized into regional, ethnic,professional, religious, social, civic,


cultural and political groupings. Many OFWgroupings and self-formed associations arequite similar from country-to- country ofdestinations of OFWs. These organizationsprovide OFWs the necessary support system,affiliation and belongingness that oftentimes are lacking in many destinationcountries. What is more, migrant NGOsabound to provide various services tomigrants. Given the gamut of groups thatprovide OFWs the needed support system andavenues for redress, where is the place forOFWs organizing into trade unions? What isthe value added for trade unions in bothsending and receiving countries anddestinations to organize the migrants intoworkers' organizations? Specifically forwomen migrant domestic workers and theundocumented migrants, do trade unions havea role to play in terms of advancing therights of migrants?

Aims: The forum focused on how tradeunions, in both origin and destinationcountries, play a role in terms of upholdingand protecting the rights as migrants. Theexperience of trade union organizing ofFilipino domestic workers in Hong Kong wascited as a case study.


Continued Relevance: The freedom toform unions and organizations to lobby forrights and protections continues to be animportant issue for migrants, many of whomare not allowed to do so in theirdestination countries. The right to formassociations and trade unions as well as theright to collective bargaining form part ofthe ILO Core Conventions to protect anduphold workers rights. These ILO Conventionsapply to migrant workers as well as affirmedby the ILO Constitution. The right ofmigrant domestic workers to join tradeunions remains a big challenge not only tothe unions in the host countries but tolocal unions in the Philippines as well. Inaddition, undocumented migrants have startedto form their unions as well, like in thecase of the Migrant Trade Union in Korea orthe Sans Papier association in Geneva. Theseassertions of migrants for their rightsremain relevant to date.

Policy Issues on Skilled Migration: The Caseof Filipino Nurses113

September 30, 2005

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Context: From 1992-1998, the numberof professional workers who went abroadexceeded the net addition to theprofessionals in the country's workforce inthe 1990s by almost 46%. Overall, Filipinomigrant workers have a higher share of themost productive age group in the PhilippineLabor Force as well as a higher share in thenumber of years of education especiallythose having completed college or higherdegree.114 In particular, from 1994-2003,the country deployed some 85,000 nursesabroad. To date, 57% of them are in SaudiArabia, 14% are in the US and 12% are in theUK. There are also some 5,500 medicaldoctors who are currently enrolled innursing schools. Last March 2005, some20,000 nursing graduates graduated from 350nursing schools.115

Aims: The forum aimed to look intothe brain drain phenomenon caused by themigration of skilled workers, gaps inpolicies, and ways to address these issues.The forum addressed many questions includingthe following. What does skilled migration

114 Skilled Labour Migration from Developing Countries: Study in the Philippines. FlorianAlburo & Danilo Abella. ILO 2002

115 www.pcij.org/stories/2005/nurses.html


mean for the Philippines? What areconsequences of the unabated export ofskilled Filipinos particularly the nursesand other health professionals in thecountry's health care system, in the qualityof education and training of the nursingprofession? What does brain drain mean forthe country's development agenda? What canbe done about it so that it redounds toholistic development that benefits not onlythe skilled migrants themselves but thecountry as a whole? What are the policiesand mechanisms in place? What are the gapsin policies and practices? What are therecommendations and proposed course ofaction that government, civil society andother stake holders can work together on?The case of out-migration of Filipino nurseswas presented as a case study.

Continued Relevance: Given the currentstate of affairs of the country—economically, politically, socially – labormigration will always be the attractiveoption for many Filipinos. In the case ofnurses and other health workers, the highdemand for them abroad will also continuegiven the rapid demographic changes in manydeveloped countries that offer not only goodcompensation but other attractive benefit


packages for them and their families.Solutions being pondered by law makersinclude restricting the out-migration ofhealth professionals subject to meetingcertain pre-conditions. “Pinay X-Abroad”: Stories of Tears andTriumphs116

December 1, 2005

Context: Philippine labor migrationhas a woman's face. According to thePhilippine Overseas EmploymentAdministration (POEA), in 2003, more than70% of the total number of workers whomigrated are women. Most of the women arebetween 25-29 years old. Women migrants liveand work in more than 192 countries anddestinations. They work as professional andtechnical employees, nurses, clerical andsales workers, entertainers, caregivers, anddomestic workers. Many are employed in jobswhich traditionally have been undertaken bywomen.

Aims: The objectives of the forum werethe following: (1) to highlight the genderdimension of Philippine labor migration; (2)

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to identify the urgent concerns and needs ofwomen migrant workers prior to coming homeand upon their actual return; and, (3) toshare and reflect on existing reintegrationprograms and initiatives that aim to respondto the concerns and needs of women migrantworkers.

Continued Relevance: Women migrantscontinue to leave the country as independentmigrant workers. They still dominate theservices sector, domestic work inparticular. In 2005, Japan implemented itspolicy to curb trafficking in persons inJapan. The sector severely affected by thepolicy was the OPAs. From a high of 73, 685in 2003 to a low of 6,421 in 2007.117

Similarly n 2007, in an effort to curbabuses against women domestic workers, a newset of policy reforms was introduced underthe Household Service Workers Policy ReformPackage. The immediate effect was thedecrease in the proportion of women migrantsto 48% with men comprising 52%. Is thedecrease in the number of women migrants apositive development or did the women simplyventured overseas undocumented to circumventthe restrictive albeit protective policies?Women migration continues to remind117 POEA 2007 statistics (www.poea.gov.ph)


government of the need to make its policiesgender-sensitive and gender-responsive.


The United Nations organized aninformal interactive hearing onmigration and development at the UNfor Civil Society Organizations (CSOs)doing work on migration anddevelopment. This was followed by theSeptember UN High Level Dialogue onthe same topic which involvedparticipation by representatives ofgovernments.

The CEDAW 36th Session in the UN in NewYork received and heard compliancereports from the Philippines and China(which included Macau and Hong Kong).Migrants rights advocates used theCEDAW platform to take governments totask –the Philippine government andHong Kong in the case of migrantdomestic workers in Hong Kong.

The ILO adopted the ILO MaritimeConvention.


The Philippines celebrates theCentennial of the first FilipinoMigrants in Hawaii

The Philipines ratified ILO Convention143 (Migrant Workers Convention) and97 (pending in ILO, subject tocompletion of documents for repositorywas finally ratified in April, 2009).

CMA launched the SOS SMS System forDistressed OFWs.

Ganito Tayo Ngayon, Paano Tayo Bukas? Prospects of Filipino Labor Migration andPhilippine Development118

March 31, 2006

Context: 2006 marks the centennial ofthe first Filipino migration to Hawaii. Atenth of the Filipino population areoverseas and every year, almost a millionmore Filipinos leave the country for variousdestinations abroad. Surveys confirm thatmore and more Filipinos see migration astheir way out of the seemingly perennialsocio-economic-political crises that besiege

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the Philippines, day in and day out. But atwhat cost? And under what circumstances andconditions abroad? What about the Philippinegovernment’s capacity and capability toextend protection and welfare services?Current policies of many immigrationcountries tend to be more strict andrestrictive than otherwise despite theirobvious need for migrant workers due totheir own labor shortage. Racism,discrimination and xenophobia seem to be onthe rise again post 9-11. Human traffickingand irregular migration that prey onhelpless and desperate people remain aserious problem despite efforts to addressthese.

Aims: The forum aimed to serve as areflective discussion on the Philippinessituation as one of the top migrant sendingcountries. Specifically, the forum servedas a sharing ground for various stakeholdersin Philippine Labor migration to voiceperspectives of a sustainable and pro-peopledevelopment platform and to examine thegovernment's capacity and ability to protectand uphold the rights and welfare of theFilipino citizens abroad, particularly withregards to the government's labor export


policy and the linkage to developmentstrategies.

Continued Relevance: With the overallslowdown of the global economy resulting tomass displacements and untimely retrenchmentof migrant workers in countries likeSingapore, Taiwan, Korea, the US, the UnitedKingdom, we expect that labor migration willremain the “savior” of the Philippineeconomy and mass migration of Filipinos, nowaveraging 3,000 daily, will continue underthe new mantra of “migration fordevelopment”. Can migration, in its currentmode and configuration, mostly undertemporary labor migration scheme, reallydeliver genuine and sustainable developmentto the poor peoples so that ultimatelymigration becomes a choice and not a forcedoption?

OFWs, Irregular Migration, and Trafficking119

July 26, 2006

Context: In recognition of the factthat the OFW question is not only an issuefor the national government but also for

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local governments and communities, CMA tookAJGFAS out of Manila and held the second2006 installment of AJGAFS forum, “OFWs,Irregular Migration and Trafficking” inZamboanga City in Western Mindanao. Theforum was particularly relevant as it washeld at a time when Malaysian authoritieswere cracking down on undocumented Filipinosin Sabah. Furthermore Mindanao was andstill is a top source of workers overseasdespite the risks e.g. armed conflict in theMiddle East, abuses, periodic crackdownagainst the undocumented, etc. Among the1.06 million overseas Filipinos surveyedfrom April-September 2004, ARMM (theAutonomous Region in Muslim Mindanao,including Basilan but excluding IsabelaCity) led ten regions in posting the biggestincrease, more than 100%, in the number ofOFWs. (NSO Survey of Overseas Filipinos,2004)

In addition, masses of Mindanao womenleave home to work abroad. The island topsLuzon and Visayas in sending more women thanmen to work overseas—six out of ten OFWsfrom Mindanao compared to only four fromLuzon and the Visayas. Of the 135,000 OFWsfrom the island, 66.2 percent were womenwhile only 34.8 percent were men (Mindanao


Times, Nov. 16, 2005). Soccsksargen orRegion XII led Mindanao regions in sendingwomen OFWs for the past three years,accounting for about 28 percent of womenOFWs from Mindanao. More than half of thesewomen migrants were 25-34 years old while17.9 percent were aged 15-24. (NSCB FactSheet, RD XII, Mar 31, 2005). Likewise,female OFWs consistently outnumbered maleOFWs in Davao. (Mindanao Times, Nov. 16,2005). At the same time, however, thousandsof irregular Filipinos were deported fromMalaysia in 2002. Thousands more wererepatriated or deported in 2005. Of the 1.29M estimated irregular Filipinos abroad, anestimated 300,000 irregular Filipinos werein Malaysia at the end of 2004.

Aims: Objectives of the forum: (1) todiscuss the situation of overseas migrationfrom and through Mindanao and how variousagencies deal with the rights and welfare ofOFWs, particularly because it has the backdoor; (2) specifically, to identify issuesand concerns of current and potentialmigrant Mindanao women, especially theundocumented, in relation to theirvulnerability to various human, migrant andwomen's rights' abuses, including illegalrecruitment, irregular migration and


trafficking; and, (3) To identify advocacyapproaches and strategies and policyrecommendations for Mindanao, regional andlocal and national government agencies andNGOs to enhance their existing programs tominimize existing gaps/problems in the OFWs'full enjoyment of their migrant and womenrights and ensure that Mindanao OFWs areadequately informed

Continued Relevance: Migrationthrough and from Mindanao remainssignificant. In particular, Mindanao is usedas back door entry of migrants going toMalaysia because of its porous borders.There is a need to strengthen the ties andcoordination between and among nationalagencies and local government units. It isalso imperative that particularly on thecase of irregular migrants in Sabah, thatthe ASEAN platform is utilized. One of themajor push factors for migration andirregular migration is poverty andunemployment. ARMM remains to be one of thepoorest regions of the country.


National Forum on the 2006 ILO MaritimeLabor Convention: Implementing the MagnaCarta for Filipino Seafarers120

September 29, 2006

Context: In historic move to regulatelabour and industrial relations in themaritime sector, the International LabourConference adopted the Maritime LabourConvention on February 23, 2006, otherwiseknown as the “Magna Carta for Seafarers”.This is the first international agreement ofits kind, not only consolidating andupdating all relevant ILO Conventions andRecommendations, but also addressing thechallenges and predicaments brought about bythe globalization of the shipping industry.The Convention sets out minimum requirementsand a wide range of rights to decent workfor seafarers and contains provisions onconditions of employment, recruitment, hoursof work and rest, accommodation,recreational facilities, food and catering,health protection, medical care, welfare andsocial security protection.

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As the country supplying the biggestnumber of international seafarers, thePhilippines is heavily affected by the newILO Convention, in terms of policies andpriorities impacting sea-based OFWs. Moreimportantly, Filipino seafarers, who make upthe biggest nationality group in the globalmaritime workforce, hold tremendous stakesin the meaningful realization andimplementation of the Convention.

Aims: The AJGAFS forum, held in Cebu,served as the first opportunity in thePhilippines to publicly deliberate on theMaritime Labour Convention: its coverage andcontents, its implications, and itsconsequences to a full range of nationalstakeholders – seafarers and their families,government agencies, the private sector(principally shipping companies and crewingagencies), maritime training and educationinstitutions, international bodies, and non-governmental/civil society organizations.In particular, the Forum gave attention tothe responsibilities of, and challenges to,the Philippines government - or thegovernment's basic policy on theratification and early implementation ofthis novel international agreement. Underthe Convention, primordial expectations are


given to a “labour supply State” - a newactor in international maritime law.

Continued Relevance: Filipinoseafarers constitute a fourth of thecountry's total deployment. We must continuethe lobby for the Philippine government toratify the Maritime Convention and forcongress to enact a national Magna Carta forSeafarers. A continuing concern is theattempt of the shipping agencies to amendthe POEA rules and regulations to thedetriment of the Filipino seafarers. Round table Discussion on Practical andLegal Remedies to Address the Needs ofFamilies Abandoned by Overseas FilipinoWorkers121

December 15, 2006

Context: Mass labor migration exactsa heavy toll on the Filipino family.Migration breaks apart Filipino families andfamily members must endure prolongedseparation from each other. Children ofmigrant parents grow up under the care oftheir grandparents and/or extended families.

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Migrant parents become absentee parents totheir children, spending at most a fewmonths in a year with them. Outrightabandonment of family members left behindcomes as another consequence of labormigration to the Filipino family.Abandonment generally takes place when amigrant parent, usually the father, stopssending adequate regular financial supportto his family in the Philippines. Homevisits during vacation time becomeinfrequent and then cease altogether. In1999, POEA recorded 1,439 abandonedfamilies; in 2000, the figure stood at1,344.122

The Philippine Constitution intends touphold a quality life for all that is freefrom hunger, poverty and social injusticeand to protect the rights of the Filipinofamily and particularly women and children.“The State recognizes the sanctity of familylife and shall protect and strengthen thefamily as a basic autonomous socialinstitution.”123 Furthermore, “The Staterecognizes the Filipino family as thefoundation of the nation. Accordingly, it

122 ILO Gen Prom Working Paper #8, pp.41123 Constitution, Article II, Declaration of Principles and State Policies, Section 11. Section 12.


shall strengthen its solidarity and activelypromote its total development.”124

Unfortunately, however, the government’spromotion of labor migration negates theseefforts and commitment to protect thefamily, and in particular women and theirchildren. As such, current laws andpolicies, notwithstanding their nobleintentions, do not sufficiently respond tosituations of migrant families, where one orboth parents are abroad.

Aims: The round table discussionaimed (1) to better understand and addressthe issue of family abandonment vis-à-vislabor migration, (2) to know how the variousgovernment migration-related agenciesapproach and address the problems, (3) toidentify the gaps in existing laws, policiesand practices regarding OFW familyabandonment and financial support, and (4)to come up with concrete practical socialand legal remedies to family abandonment byOFWs as well as concrete support programs towoman parents/spouses left behind.

Continued Relevance: The UN Conventionon the Protection of the Rights of AllMigrant Workers and Members of Their124 Constitution. Article XV, Section 1.


Families affirms the integrity of themigrant workers and members of theirfamilies. The UN Convention on Economic,Socio-Cultural Rights also affirms the rightof individuals to a family life. After fourdecades of labor migration, there is no moredoubt that migration has exacted a heavytoll on the migrant families. Governmentsshould seriously think about the social costof migration on the families and children ofmigrants, especially those who are leftbehind.


First Global Forum on Migration andDevelopment (GFMD) was hosted by theBelgian government. The GFMD cameabout from the UN HLD. It is an inter-governmental, non-binding, informal,voluntary platform to discuss themigration and development nexus. Itprovided a little space for CSOs butthe terms of reference were not clear.

The ASEAN body decided to be a rules-based body and proceeded to draft aCharter; It also adopted a Declarationon the Promotion and Protection ofMigrant Workers.


2007 saw the second-timeimplementation of the OAV for a mid-term elections, with a dismal turn outof only 16%

The POEA unilaterally implemented theHousehold Service Workers ReformPackage for domestic workers,caregivers and others working in ahousehold setting.

The Philippine Congress enacted RA9422 to repeal sections 29 and 30 ofRA 8042 and strengthen the regulatoryfunctions of the POEA

ASEAN Declaration for the Protection andPromotion of Migrant Workers: What’s Next?125

February 22, 2007Context: On January 13, 2007 at its

12th Summit in Cebu City, the heads of statesand governments of the Association ofSoutheast Asian Nations (ASEAN) adopted theASEAN Declaration on the Protection andPromotion of the Rights of Migrant Workers.While the declaration was welcomed as a125





positive step in the regional body’scommitment to promote decent, humane,productive, dignified, and remunerativeemployment for migrant workers, thedeclaration is, however, at best, a non-binding document where many provisions aresubject to the national laws and policies ineach of the member states. Thus thedeclaration is limited in scope. However,notwithstanding the limitations of theDeclaration, the positive elements thereinare still useful for advocacy and inmonitoring state practices that run counterto the Declaration.

Aims: The purpose of the forum was toexplore ways to move forward from thedeclaration and discuss the followingquestions: How is the Declaration relevantto the advocacy for the rights and welfareof the migrant workers? How is theDeclaration utilized in lobbying fornational legislation that promotes andprotects the human rights of migrantworkers?

Continued Relevance: ASEAN is animportant platform for advocacy for therights of migrant workers in the region. Itbecomes especially so now that ASEAN has


become a rules-based body following theadoption of a charter and the community blueprints. As regards the Declaration, theASEAN has formed the ASEAN Committee onMigrant Workers (ACMW) to monitor complianceof the 10 member States to the provisions ofthe declaration. In more concrete terms, theACMW is in the process of drafting an ASEANAgreement on the Protection of MigrantWorkers. Promoting and Fulfilling the Human Rights ofMigrants: Revisiting RA 8042 and Beyond126

June 29, 2007

Context: Republic Act 8042 or theMagna Carta for Migrant Workers and OverseasFilipinos is the main national legislationthat comprehensively addresses the issue ofprotection and promotion of the human rightsof men and women migrant workers andoverseas Filipinos in general. Itseffectiveness, relevance and responsivenesscan be put to test on actual responses ofGovernment (and NGOs) to cases of distressedmigrants and overseas Filipinos. On February2006, CMA launched the SOS SMS Helpline for

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distressed OFWs. The SOS SMS Helpline wascreated to enable OFWs, anytime, whereverthey may be, to report immediately theirdistressed situation so that help may beextended promptly by appropriate governmentagencies as well as NGOs. Moving on to thesecond year of operation of the SOS SMS andon the occasion of RA8042's 12th yearanniversary in June 2007, it was deemed anopportune time to get together with partnersin government to reflect on our collectiveefforts to promote, protect and fulfill thehuman rights of migrant workers and overseasFilipinos as enshrined in the Constitutionand RA8042.

Aims: The Second Dr. Alfredo J.Ganapin Advocacy Forum Series 2007 focusedon the first year performance of the SOS SMSHelpline together with the rest of the casesbrought to CMA's attention in 2006. Aninitial report was presented with a dataanalysis of these cases for purposes ofidentifying GO and NGO weaknesses andstrengths in responding to the needs ofmigrants in distress. The report alsoidentified key recommendations to addressthe gaps and deficits in the efficient andresponsive delivery of services and programsto migrants and families as well as for


closer cooperation and coordination among GOagencies and between GOs and NGOs, incountry and overseas.

Continued Relevance: For the OFWs,the policies and institutions of governmentthat aimed to provide protection for themonly becomes relevant when these can respondto their distressed situation –before theyleave, on-site and upon return to thePhilippines. Thirteen years after the hastyenactment of RA8042, several provisionsremain unfulfilled, and/or not properlyimplemented if at all and Congress has yetto enact on the proposed amendments to thelaw. In the meantime, the example of the SOSSMS System inspires migrants’ rightsadvocates to replicate the system formigrant workers of different nationalities.

A Call to Action: Know Your Rights, No toIllegal Recruitment and Trafficking127 September 14, 2007

Context: The AJGAFS forum was onceagain taken outside of Manila to Baguio Cityto discuss illegal recruitment and

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trafficking, particularly in light of thelarge number of OFWs in that region. Amongthe 1.06 million Filipinos who work abroadsurveyed from April-September 2004 by theNational Statistics Office for their Surveyof Overseas Filipinos (SOF), the CordilleraAdministrative Region (CAR) was one of thetop regions posting the biggest increase intheir number of OFWs. At the same time, onecan understand the increase in overseasmigration from the CAR in the context of itspoverty statistics. In 2003, the NationalStatistical Coordination Board reported that73,008 families (or 454,184 persons) earnedbelow its annual per capita povertythreshold - the annual per capita amount tobe spent to satisfy nutritional requirements(2,000 calories) and other basic needs whichwas P13,976.128 These make up almost 25% ofthe total number of families and 31.2% ofthe total population.

Furthermore, according to POEA DeputyAdministrator Atty. Hans Cacdac stated thatin 2000, the POEA reported 1,327 illegalrecruitment victims who sought its help and573 illegal recruitment cases filed. By 2003and 2004, its illegal recruitment cases128 Philippine National Statistical Coordination Board


affected 1,625 and 1,441 victims, with 618and 635 cases filed while 4,789 and 5,673anti-illegal recruitment victims more wereassisted.129 Atty. Cacdac also reported thatwhile in 2003, 3% of adjudication casesinvolved excessive fee collection, in 2006this number had jumped to 22% of such cases.POEA expect 2007 to top these since theirmid-year report had already recorded 1,900cases and growing.

Aims: In light of these statistics,this forum sought to address how overseasmigration affects CAR OFWs, especially thewomen, their families and the region as awhole, discussing questions including thefollowing: How extensive are illegalrecruitment and trafficking? How doesgovernment address overseas migration andthe problems it entails? The specificobjectives of the forum were as follows:(1) To discuss the situation of overseasmigration from CAR and how various agenciesdeal with the rights and welfare of OFWs,(2) To identify issues and concerns ofcurrent and potential migrant workers inrelation to their vulnerability to varioushuman and migrant abuses, including illegalrecruitment and trafficking, and (3) To129 POEA 2004 Annual Report


identify advocacy approaches and strategiesand policy recommendations for CAR localgovernment, regional and local and nationalgovernment agencies and NGOs to enhancetheir existing programs to minimize existinggaps/problems in the OFWs’ full enjoyment oftheir migrant and women rights and ensurethat CAR OFWs are adequately informed andprepared, and (4) To enjoin the localgovernment, church, academe/learninginstitutions, police and other stakeholdersin the fight against illegal recruitment andtrafficking.

Continued Relevance: Think globally,act locally. This cannot be more relevant inthe case of mainstreaming migration concernsat the local communities where the migrantsand their families live in. Advocacy effortsshould also be directed to local governmentunits and communities for them to developprogrammes and services for their migrantconstituencies. .

The Effectiveness of Migrant Workers’Education and Information130

December 7, 2007130





Context: About a tenth of theFilipino population is overseas either aspermanent residents, immigrants, migrantworkers or Filipinos in irregular status.Mass migration will be here for many yearsto come, especially as the country reelsitself from a jobless growth andskyrocketing prices of basic commodities. Inthis situation, it becomes urgent andnecessary that efforts to curb illegalrecruitment and trafficking and raise theawareness of migrants on the realities ofmigration, the state duties and obligationsto migrants, the legal and social mechanismsof protection to migrants in the country andabroad and the general human rights ofmigrants, are strengthened, supported andrendered effective. Educating and informingthe migrants of these basic rights and theirapplicability can be powerful tools ofprotection for migrants themselves.

Aims: The forum aimed to call for aconcerted effort in conducting effective andresponsive education and information workamong the OFWs and their families.Specifically, the discussion took a criticallook at current education and informationprograms of POEA and OWWA, in particular the


PEOS (Pre-Employment Orientation Seminar)and PDOS (Pre-Departure OrientationSeminar). Apart from OWWA and POEA,participants also tried to take stock of theextent of information and education campaignefforts of other government agencies, civilsociety organizations and the privatesector, asking critical questions includingthe following: How many receiveinformation? Where is data made available?In what form? Are they free or for a fee? Iseducation compulsory to ensure protection?

Continued Relevance: Notwithstandingthe fact that Filipinos are seeminglydesperate to land a job overseas, there isstill much value in providing timely andrelevant information to would-be migrantsand the communities at large on therealities of migration and the availablelegal remedies here and abroad, should theyfind themselves in distressed situation.


The Second GFMD was hosted by thePhilippine government in Manila;

As a parallel event to the GFMD in

Manila, migrants rights advocates,


migrant associations, trade unions andother civil society groups convenedthe Peoples Global Action onMigration, Development and HumanRights (PGA);

The CEDAW Committee Adopted GeneralRecommendation (GR) 26 on womenmigrants

The Philippines reported to the UNCommittee on Economic, Socio-CulturalRights (ESCR); The ESCR Committee'sConcluding Observations urged thePhilippine government to exert moreefforts at local job generation as thelock of jobs and persistence ofpoverty push people to take the labormigration option.

The Philippines ratified JPEPA and theASEAN Charter.

The Philippines made its initialsubmission to the UN Committee on theMigrant Workers Convention; A fullexamination of the Philippines by theCommittee will take place during thelatter's 10th session in April 2009.


The European Parliament adopted theReturn Directive Policy AgainstUndocumented Migrants in Europe.

European Parliament adopted theEuropean Pact on Migration and Asylumthat will shape present EC policies onmigration and asylum.

Filipino Labor Migration: What Role forCongress? March 12, 2008

Context: Congress work is not onlyabout policy-making and enactment of lawsand ensuring funds are properly allocated.It also has the mandate of oversight of theexecutive to ensure that the laws andpolicies are implemented properly. Inaddition, the Senate has the power torecommend the ratification or non-ratification of international instruments,treaties and declarations to make this partof the laws of the land. Increasingly, asmigration becomes almost a way of life forFilipinos, it is imperative that this branchof government is optimized for the purposeof advancing the rights and well-being ofthe OFWs and their families.


Aims: To provide an avenue fordiscussion of labor migration issues andconcerns for members of Congress and theCongressional staff in order to raise theirawareness and consciousness on the labormigration and how they can effectivelyrespond to the issues as members of theLegislative Body.

Continued Relevance: Congress is amajor and critical platform for migrants’rights advocacy. Congress' pro-active andtimely responses to OFW issues and concernscan really make a difference in the lives ofthe OFWs and their families – before theyleave the country, as they work and liveabroad, and upon return to the Philippines.Congress’ oversight function is a powerfultool in prompting the executive to do itsjob properly.

“Democratization Through Migration?”131

July 29, 2008

Context: The inter-linkages betweenmigration and democratization have not yetbeen profoundly examined. In order to fill

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this gap, a research team from the “ArnoldBergstraesser Institute” in Freiburg,Germany, has conducted a research projectentitled, “Democratization throughMigration?” Using the hypothesis thatmigration has the potential to alter orstrengthen existing political attitudes,with the degree and direction of changesdepending on migrants’ individualexperiences and on the political system ofthe host country, 1,000 returned OFWs fromvarious destinations were interviewed.

Aims: The main intent of presentingthe researchers’ primary results was toobtain inputs from a Filipino audience withvast experiences and knowledge in theintersecting issues of migration, economicsand politics. All comments and suggestionswill be factored in for an enhanced analysisand a more substantiated set of results forthe study.

Continued Relevance: Migration changesthe phase of Philippine society especiallysince it is attracting a lot of attention inthe economic and political spheres. OFWsmake a difference in local politicsparticularly when they either run for officeor support political candidates. If so, this


supports the premise that OFWs can bedrivers for political change. How does themigration experience affect politicalattitudes, institutions and mechanisms? Whatare the determinants? Can attitudes beharnessed for political change? With the2010 national elections coming up, thisresearch becomes all the more relevant ingauging the level of political awareness andinterest of overseas Filipinos.

The Philippines: A Global Model on LaborMigration?September 19, 2008

Context: The Philippines is touted asthe global model on labor migration becauseof the numerous laws and policies it has putin place, the ratification of UN and ILOinternational instruments of human andworker protection and the institutions thatgo with these policies and instruments. Isthis really the yardstick for which tomeasure the country's seriousness andresolve to promote, protect and fulfill thehuman rights of OFWs and their families? Onthe occasion of the Philippine hosting ofthe second Global Forum on Migration andDevelopment (GFMD) this October in Manila,and being the first labor-sending country to


host the event, CMA and FES are doing aperformance audit of the government to testthe efficacy of the policies and theircorresponding institutions in upholding therights and dignity of OFWs and otheroverseas Filipinos. The responses to thevarious recommendations, resolutions andcalls to action that surfaced in the publicforums for the last 5 years will be the casestudies.

Aims: (1) To assess the continuedrelevance of previous resolutions; (2) Toassess progress made on resolutions /promises for change; (3) To identify newchallenges facing issues previouslydiscussed; (4) To identify steps to be takenby various actors and particularlygovernment agencies to further progress onmigrants rights advocacy

Continued Relevance: Efforts torespond effectively to problems anddistressed situations of OFWs,notwithstanding the gamut of laws andinstitutions that were set up to respond toOFW concerns and issues will always be notenough for as long as the thrust of thisgovernment is to promote migration as a


development strategy framed in the currentneo-liberal globalization.

PART III COMPILATION OF AJGFS RECOMMENDATIONS

All the forums produced a number ofresolutions, proposals and promises, eitheragreed upon at the forums, preparedbeforehand by participants, or simply drawnout from them as discussions went on.Noteworthy is the frequency of promises andresolutions forwarded by governmentrepresentatives, as well the large number ofchallenges posed by NGO participants. Thefollowing is a compilation of theseresolutions, challenges and promises takenfrom AJGAFS over the five-year period. Thiscompilation is meant to be reviewed,followed up, discussed—even debated upon. Itis also meant to see what became of theseresolutions and promises.

In general, the recommendations putforth from the forum could be sorted intotheme areas directed towards differentsectors—to the various government


organizations, as well as to OFWs themselvesand the NGO community. The followingsection outlines the thematic areas to beaddressed by various government agencies aswell as several cross-cutting areas.

THEME GOVERNMENT AGENCY STATUS OF/ ACTION TAKEN ON RECOMMENDATIONS

DFA/OUMWA/CFO



Policy Introduce effective measuresto protect their rights in line with immigration laws and policies of host countriesA.B.Conduct joint lobby efforts withother sending countries, advocacy with hostgovernmentsC.D.Ensure that OFWsare not compromised in ourdiplomacy and is taken in relation with both domesticand international policy in both theshort and long term.



Research Set up and implement a SharedGovernment Information Systemon Migration (perRA8042); Build/Improve information and knowledge base on:global trends in labor migration, conditions of OFWs

Study psycho-social effects of migration and how government addresses theseStudy the conditions of OFWsin terms of their salary ranges, percapita expenses offamilies left behind and qualityof life in the host country before making remittance mandatory.

DFA is mandated by Congress under RA 8042 to submit a semi-annual report on its assistance tonationals programme –this report which is on a per post category contains information on the estimated number of Filipinos under the post's jurisdiction;the working conditions of OFWs; Problems encounteredby OFWs; Actions/ Initiatives the Postundertakes to address these problems; prevailing(changes if any) laws and policies ofthe host country affecting OFWs; Status of bilateral agreements between the Philippines and the host country andother similar



Conduct a cross-sectoral intensiveexamination of theeconomic and social benefits/costs of the present overseas employment programand recommend measures to minimize if not eliminate the costs.

Study Filipino out-migration in relation to world trends including globalized migration trends.

Professionalize GOs.

agreements, if any; and, the post's recommendations, if any. DFA complies.

SGISM – DFA OUMWA istasked to lead the establishment of theSGISM. Given that DFA OUMWA has the bi-annual reports from the post, the database under the SGISM should not have been difficult to comply with. At the same time, inter-agency talks convened and facilitated by OUMWAare on-going. However, talks on the matter of the SGISM hardware and software progress very slowly that by the time agreements are reached, the hardware and software requisites


THEME GOVERNMENT AGENCY STATUS OF/ ACTION TAKEN ON RECOMMENDATIONSpreviously agreed upon have become outdated hence the need to upgrade themagain. OUMWA though was optimistic that the SGISM will be upand running soon. Inthe meantime, OUMWA is working closely with CFO, POEA, OWWA, and other key agencies on migration and development in coming out with a shared government information system to have more reliable data that will help governmentagencies in policy-making; In year 2000. Executive Order No. 203 was issued seeking to establish an Inter-Agency Committee on the Shared Government Information System



ResourceAllocation andStaffing

Harmonize the budget to reflect the “One country, one team” approach

Provide sufficientresources e.g. forvehicles to respond to migrants’ concerns

Set up a 24-hour OUMWA hot line as the current DFA 24hot line is not OUMWA specific, not even during office hours and is very difficult to connect to

Strengthen foreignservice personnel capacities/capabilities in handling labor migration and HIV/AIDS issues.

In terms of human resources, the OUMWAoffice in Manila has50 staff members whoare divided into five divisions (Aspic Asia Pacific.ME-A Middle East Africa, Americas, Europe, and OUMWA itself). DFA has ATN(Assistance to Nationals Funds) forOverseas Filipinos and under RA 8042, it also manages the Legal Assistance Fund (LAF). OUMWA attends to about 200cases a day (50 walk-ins and 15 referrals from localpublic and foreign service posts).

On site, there are sixty one embassies and twenty consulates (as well as honorary consuls


THEME GOVERNMENT AGENCY STATUS OF/ ACTION TAKEN ON RECOMMENDATIONSin many destination countries). These posts are headed by the Ambassador and the consulate general respectively. Work load of posts increases over the years without a corresponding increase in the number of personnel New work load included the management of overseas absentee voting. The DFA is opening more regional consular offices and foreign service posts in order to better serve the public; thus, this year, 2008, OUMWA is asking the Department of Budgetand Management (DBM)to approve


THEME GOVERNMENT AGENCY STATUS OF/ ACTION TAKEN ON RECOMMENDATIONSadditional 1,000 personnel; The DFA has a 24/7 (i.e., 24 hours, 7 days-a-week) Action Center that attends to all cases both here and abroad but this is not exclusive for OUMWA although some posts already have such 24-hour ATN hot lines like in Hong Kong, Belgium, and Singapore.

Overall though, communication lines and access to OUMWA remains problematic.OUMWA's telephone units seriously needupgrading so they can handle call transfers for more efficiency; more fundamental is the difficulty in


THEME GOVERNMENT AGENCY STATUS OF/ ACTION TAKEN ON RECOMMENDATIONSgetting connected because the phone isnot being picked up even during office hours; they have a trunk-line, but it is always overloaded; the cases are computerized according to regionsbut there is no central database as yet to contain all the cases. OUMWA's email inbox easily gets filled up and messages often bounced; the DFA website on OUMWA section and contact details of the postsare not up-to-date.

DFA OUMWA conducts periodic evaluation of legal and institutional mechanisms of protection for


THEME GOVERNMENT AGENCY STATUS OF/ ACTION TAKEN ON RECOMMENDATIONSmigrant workers and their families. However, the issue of DFA personnel with cases against OFWs remain unresolved.

DIPLOMATIC POSTSNetworking

Confidence/trust-building: Establish good relations with counterpart agencies in host countries;

Conduct regular forums to discuss issues and concerns and finding solutions,possibly leading to forging bilateral agreements.

Trust building:

POLO Command Conferences, the latest one was on December 28, 2006. for OFWs on December28, 2006 and tackledthe global thrusts to ensure quality jobs, better protection for OFWsAccording to the DFA, continued efforts are being made towards trust-building between thePhilippines and the destination governments.



Conduct regular/periodic meetings/ consultations between post/POLO and OF communitiesand related activities and visitations to OFsin areas far away from the post.

Link up with NGOs and OFW communities in host countries forpost-arrival servicesEngage receiving countries in continuing dialogue.

In the UAE, Embassy representatives fromlabor-sending governments get together to discuss common migration issues and concernsASEAN is an important platform for engagement on labor migration issues; the ASEAN Committee on the Declaration on the Protection and Promotion of the Rights of Migrant Workers was constituted and met,for the first time, in September 2008 inSingapore; ASEAN Charter takes effect; Process for the establishment ofan ASEAN Human Rights Body on-going.



Staffing Post more social workers with good grasp of migrationissues, whose budget is to be taken from the Office of the VP or thru an automatic appropriation fromthe pork barrel ofRepresentatives.



On-SitePersonnel

Beef up the ATN section of embassy/ consulate(particularly in Saudi Arabia)

Tap/Field OFW migrant worker specialists to troubleshoot in sensitive OFW cases especially in the Middle Eastand other hard post areas

Strengthen foreignservice personnel capacities / capabilities in handling labor migration and HIV/AIDS issues.

Show transparency in the recruitmentof foreign servicepersonnel/appointments of embassy/consulate

The Philippines has 88 embassies, consulates and otherPhilippine missions,3 Offices of Manila Economic and Cultural Office in Taiwan, 37 Philippine Overseas Labor Offices (POLOs) and 20 Filipino Workers Resource Centers (FWRCs). In terms ofpersonnel complementoverseas, OWWA (Overseas Workers Welfare Administration) has 39, DOLE-POLO (Department of Laborand Employment- Philippine Overseas Labor Office) has 230 and DFA OUMWA has 85. For DFA, as of February 2009, the total number of DFA personnel deployed in foreign



officials;

Set up a government monitoring mechanism / Implement a monitoring system on performance of diplomatic posts/FWRCs;

Strengthen diplomatic posts thru capability-building, e.g., assess on-site issues pertaining to safety of OFWs abroad and qualityof services delivered to them,gender sensitivitytrainings, other sensitivity programs, professionalization, etc.

service posts was 1,169 including those from the OUMWA.

Philippine Labor Offices in Saudi review services, policies for OFWs inSaudi Arabia. Underscoring the need to review and synchronize operational systems and policies affecting Filipino workers in Saudi Arabia, the four Philippine Overseas Labor Offices (POLOs) in the Kingdom held a conference last September 21-23, 2006. The POLO Conference, held in the Western region of Saudi Arabia, wasalso aimed at strengthening the


THEME GOVERNMENT AGENCY STATUS OF/ ACTION TAKEN ON RECOMMENDATIONScoordination betweenand among the POLOs in the Kingdom and the DOLE's attached agencies, particularly the POEA and OWWASensitizing post's personnel: All DFA officials and attaches assigned atForeign Service posts who are bound for deployment undergo a mandatory pre-deployment orientation (PDOS) with a module on ATN. DFA personnel are also required toundertake on-the-jobtraining at OUMWA and OCA to familiarize themselves with consular and ATN work, thus addressing the issueof sensitivity of


THEME GOVERNMENT AGENCY STATUS OF/ ACTION TAKEN ON RECOMMENDATIONSForeign Service personnel

Relations with the community: Some posts conduct post-arrival orientation seminars to newly-arrived migrants such as in the Hong Kong consulate; conducts consular visits to OFW communities; participation in community-initiated projects and activities; conscious efforts toreach out to the community

ProgramsandServices

Provide health services to OFWs on-site.

Conduct massive information campaign using primers, posters, etc.

On-site programs andservices available on-site are those from OWWA where OWWAis present.

Where there are Filipino Workers Resource Centers



Implement continuing education of OFWs,e.g., thru monthlyforums

Diplomatic posts should persist in serving OFWs with due diligence: 24 hour assistance,on-site counseling, specific protection mechanisms for OPAs given their vulnerability, etc.

Set up FWRCs wherethere are large OFconcentrations: set up 24 hr emergency responseunit equipped withcommunication/ hotline/helpline and transport

(FWRCs), these serveas venues for skillstraining, meetings, parties, dialogues with posts; in othercases it serves as ashelter for distressed migrants.

A Senate bill, SB 1979, is filed in the 14th Congress seeking penalties for erring and negligent consular personnel



facilities, appropriate programs for womenOFWs/domestic workers

Conduct capacity enhancement trainings for Postmembers/staff and case workers for effective conduct of work for OFWs, including discussion on labor migration aswell as social andlabor policies andpractices in host countries.

Walk the talk vis a vis Code of Ethics for post personnel: The government, especially its personnel posted abroad, should practice what it



preaches by complying with itsown minimum standards of protection for OFWs particularly domestic workers.

There should be aninventory of government personnel abroad who employ OFWs and they should bemonitored periodically.

Promote and protect the human rights of Filipinos overseas.



OtherProgramsandServices

Clear up all bloodmoney receivables with Jeddah Consulate and Philippine embassyin Riyadh including and especially the case of Leonardo Lising who died 15years ago.

Establish a working 24 hour hot line not a computer-managed hot line like the OP centers at selected posts to enable OFWs from far flung places to access/avail themselves of services from posts.

Announce / publishall updated/current telephone and



mobile phone numbers of all welfare officers in the Middle Eastto enable OFWs with problems in remote areas to have access to POLO/ OWWA services.

Systematically monitor entry and job site location of all domestic workers in the region by coordinating with the Governors of Dammam, Jeddah andRiyadh.

Provide psycho-social counseling / stress debriefing and other in-houseprograms or services for victims of gender-



based violence.

Provide shelter for distressed male migrants where feasible / allowable.

Conduct regular orperiodic in country and regional case conferences.POEA



Contracts Improve the standard contract from the point of view of seafarers.Nothing in the Convention requires us to change the provisions of the contract but put more substantive positions.

Stop issuing the standard employment contract that has caused contract substitution. Do not let manpower agencies issue thesame contract.

Implement COPPA (Comprehensive Orientation Program for Performing Artists).

On-going review and amendments of the work contract for seafarers. The proposed amendments however will result to diminution of benefits by the seafarers. One of the proposals is to make the first threemonths of a seafareras probationary period. It is the observation that major proposed amendments are detrimental to the interest of seafarers.

For contracts of land-based workers -- -POEA fails to monitor compliance of recruiters. The POEA-prescribed standard contract isnot congruent with the work contract



Strictly monitor violations and provide stricter penalties.

POEA/OWWA should include reintegration topic in PDOS and PEOS.

Set-up 24-hr Hot line/Helpline

Set up a one-stop processing center/recruitment center. Implement strict processing of documents.

For OPAs, at least21 years of age.

Protection for applicants, including seafarers.Blacklist / expose/ prosecute errant

required of migrant workers and recognized by host countries; There isalso a need to constantly monitor changes in the policies in host countries

On Information and education: POEA takes charge of PEOS; conducts Anti-Illegal Recruitment Seminar; anti-Trafficking in Persons Seminar; andin 2006 launched theAnti-Illegal Recruitment Program for Local Governmentunits; PDOS has beentransferred to OWWA except in the case of government – to -government arrangements such asthe EPS (Employment Permit System) with



recruitment agencies / incorporators.

As part of monitoring at NAIA, OFWs should fill up forms before departing.

Review deployment program.

Minimum age requirement shouldbe 21 years;

Refer to entertainers as overseas performing artists(OPAs).

Improve recruitment/training system, including better OFW orientation

Review and monitorPDOS.

Korea where POEA takes charge of PDOS

On campaign against Illegal recruitment:POEA leads an inter-agency Task Force onIllegal Recruitment;OFWs may now file administrative casesagainst recruiters under the POEA Governing Board resolution on written interrogatories by simply submitting their sworn statement to the POLO; the POEA Governing Board alsoissued the Witness Assistance Program to encourage victimsof illegal recruitment to file and pursue their cases; Under this program, POEA provides incentives to the victims such



Agencies Keep a close watchon recruitment agencies. Seek outillegal recruitersand prosecute them.

Prohibit manning agencies without internet presence.Applicants should be able to look them up in the internet. These agencies can also be more easily monitored. PESO can help maximize the internet in helping monitor agencies.

Through the bilateral agreements, both sending and receiving countries should strictly monitor collection of



placement fees (nomore than one month’s salary) byrecruitment agencies and provision of benefits to OFWs e.g. holidays, health insurance coverage, etc.

Seafarers Establish independent seafarer grievanceagencies to provide for speedyand accessible means of resolvingclaims relating toemployment.

Address work contract violations.

Manning agencies should subsidize training costs. Require only relevant upgrading

The POEA already made an initial submission to ILO onits intention to ratify the ILO Maritime Convention

A proposed bill on Magna Carta for Seafarers is pendingin the 14th Congress; Deliberation are ongoing



courses.

Remove age as a criterion for employment as seafarer. Employment should be on the basis ofmental and physical fitness

Encourage wives ofseafarers to join organizations which can help them earn additional income for their familiesand build wholesome values for themselves.OWWA



Representation

To protect the welfare fund, havemore OFW representatives, OFW families and advocates in its governing board and present a transparent accountable fund management that includes welfare, livelihood centered programs and projects

House Bill 699 whichhas been integratedin the consolidatedproposed bill toamend RA 8042 seeksto

increase the numberof migrantrepresentatives inthe POEA GoverningBoard and OWWA Boardof Directors

ProgramsandServices

Implement low interest rates, fewer / minimum requirements in acquiring loan assistance and other benefits.

Recommend pension-type coverage.

Provide additionalbenefits for OFWs.

Extend immediate

A proposal for an OWWA Charter is being crafted in theCongress. This proposed OWWA Charter will replacethe OWWA Omnibus Policies and will ensure that the interest of migrantsand their families takes primacy.

OWWA transferred P530 million from



repatriation assistance to abused and terribly homesick OFWs especially women migrants before they resortto desperate measures.

Reconsider requestof families of OFWs who died overseas or at home for illnessesand were denied OWWA benefits for failure to validate their OWWA membership though they have been OFWs for the last two decades.Provide appropriate benefits to OFWs (on-site) and returnees depending on the duration of their

the Medicare Funds to Philhealth, upon commencement of the transfer; the remaining P3B Medicare funds were merged with the welfare fund of OWWA; at present, OWWA explores partnership with theDepartment of Healthand Philhealth to beable to build a hospital wing in sixmedical centers for OFWs and their families; there is acorresponding bill in the Senate to this effect.



employment overseas and theircontributions.

Immediately resumegranting of benefits. Strictly implementthat employers paythe OWWA Medicare and insurance ($25)

PhilHealth should immediately deployrepresentatives toforeign countries where significant OFWs are to updatetheir membership from OWWA-run Medicare.



Pre-DepartureOrientationSeminars

Include discussionof human rights and restrictions (other than that indicated in the contract) during orientation.

POEA/OWWA should include reintegration topic in PDOS and PEOS.

Review PDOS. Determine the specific needs of each group of OFWs. Develop an interactive and reflective basic PDOS and PEOS program for first time OFWs.

Provide enough time for PDOS/PEOS. Consider psychological and mental state of

OWWA has 193 accredited service providers for PDOS –10-12 are NGOs handling PDOS for domestic workers andcaregivers; 60 manning agencies forseafarers; the rest are land-based agencies and associations of agencies;

OWWA will make PDOS country specific; they will start withCanada; inclusion ofhuman rights in the curriculum is being considered

CMA conducted a survey and study on the efficacy of OFW information and education work; the results have been submitted to OWWA for consideration



Determine if sex education is an important topic, especially among domestic workers who have many reproductive health problems.

Regulate all agencies providingPDOS and PEOS.

Develop a more advanced and developmentally-appropriate seriesof seminars and support programs for OFWs active inoverseas work and OFWs due for reintegration.

Identify essentials that OFWs need to learnand understand. Trainers should



determine level ofknowledge of participants. Ensure trainers have enough exposure to migration to substantiate PDOS content.

PDOS and PEOS should be in the popular language and form should beaudience friendly.

Emphasize socio-legal issues that might affect OFWs’work in specific countries especially the support network.

There should be enough materials to disseminate. Monitor effectiveness of materials,



readership, reach,impact.

Ensure materials are also given by private firms giving the seminars balanced with need basis based on request and felt need as assessed by the trainers.

There has to be a more structured set of objectives and accompanying guidelines in the use of information, education and communication materials.

There should be a point person in charge of ensuringmaterials are ready to be given



even as photocopies.

Provide IEC in higher level interventions because they need transformational communication thatcall for normativechanges.

Formalize agreements among agencies re the conduct of CEP.

Give PDOS to the entire family to help prepare them for what to expectfrom overseas migration.

PDOS should take up human rights.

Change the system of PDOS. Make it country-specific



to take into account differences in laws, culture. Mobilize resourcesto have PDOS administered on a region, country and/or skill-specific basis.

Monitor PDOS.

Sustain contributions of private cooperators and beyond PDOS.

Trainers must be credible and have integrity. Blend perspective of theaudience and the trainer.

Popularize that reintegration should be planned prior to departure



of the OFW and planning continueswhile on-site and on return.

Value formation campaign on savings, how to spend remittances,reintegration, role performance from the OFW and family level to the level of the national government. The Church should spearhead the campaign to propagate the culture of savingsand how to spend remittances.DOLE



Review overseas employment programto determine its direction in view of its impact on national development and its corresponding human and social costs.

Develop a non-binding multi-lateral framework for a rights-basedapproach to labor migration.

Address brain drain, institute policy reforms to address high unemployment rates, inequitableincome and wealth distribution and poor infrastructure that will accelerate

DOLE is committed tothe ILO Decent work agenda·The President signed AO 247 on December 4, 2008 in response to the global financial andeconomic crisis. AO 247 directs the POEAto go full blast with aggressive overseas market development efforts for labor export purposes.



employment generation, raise real incomes and reduce poverty on a sustained basis.Create better social, cultural and political conditions to keepthe workforce in the country.

Assign more labor attaches in countries where there are large numbers of Filipinos to assist them in making claims for just compensation against their foreign employers because they have no compatriot lawyers to consultand no labor unionto support them.

Enforce relevant



laws/department orders with due diligence; Implement mandatory remittance. This should be based onthe consensus of OFWs and families.

Allocate budget for implementation;

Publicize their semestral reports;

Generate sufficient employment / livelihood in the Philippines.

Reintegration planning should beat the levels of the couple/family,community, local government and national



government.

All stakeholders should be involvedin the reintegration program (OFWs, their families, their communities,the civil society,media, the local government, the national government, government agencies)

Provide job placements / economic reintegration for returned distressed migrants.LOCAL GOVERNMENTUNITSCome up with an ordinance to implement RA 9208 and other

There is increasing number of LGUs that are starting to develop their



provisions on the role of barangays to assist LGU in enforcing and monitoring the ordinance. Developlocal anti-trafficking and illegal recruitment networks.

Strengthen barangay council as substitute parents for the protection of and to help care for children of OFWs. Develop some programs for thesechildren.

Local governments should pass resolutions and policies supporting OFW economic initiatives.

respective migrant'sdesk/ programmes fortheir OFW constituencies

There are 134 LGUs including Manila that have forged memorandum of agreements with POEA on IRP-LGU programme

The Cebu provincial board issued a resolution urging the Philippine government to make representation with the European Parliament in regardto the European Return Directive Policy that will impact on the undocumented Filipinos in Europe



Local governments should allow 1% ofLGU budget for OFWaffairs.

Local governments should create their OFW Committee.

LGU OFW committee should be composedof representativesfrom OFWs, OFW families, NGOs andLGU;

Disseminate information on migration issues;

Create an enablingenvironment for OFW investments, reintegration and local development;

Provide social services to address the social



INTER-AGENCYImplement Dual Citizenship Law (RA9225) to enableFilipino citizens abroad to participate fully in registration and voting

Strictly implementthe Anti-Trafficking Act/ RA 9208

Make anti-illegal recruitment / antitrafficking programs more effective, e.g., vis a vis visit visa countries like UAE and Singapore.

Develop local anti-trafficking and illegal recruitment networks.

·



Intensify cooperation with concerned agenciesincluding DOLE, CHED, TESDA, LGUs and NGOs to combattrafficking e.g. vis a vis traineeships, internships, exchange programs and au pair programs as possible modes of illegal recruitment to getOFWs at rock bottom rates.

Make inter-agency coordination more responsive. Improve intelligence / information exchange.

Address family separation



problems resultingfrom seafarers waiting for placement in Manila for a long time.

Establish a one-stop center for abandoned familiesor at least a clear inter-agencyreferral system.

DEPARTMENT OFJUSTICE AND THECOURTS



Study the feasibility of extending local assistance to families of OFWs and exemption fromcourt fees to Filipino wives abandoned by spouses working abroad.

Set up programs and services to support families left behind. Involve LGUs.

Expand conciliation and mediation processes. Study the feasibility ofadministrative support mechanismsfor non-judicial mechanisms.

BI has 24-hour National Operating Center; they also have satellite offices to receive complaints and reports

CCTV cameras are installed at the immigration section

Periodic Rotation ofImmigration officers

Immigration Officerson duty are not allowed to use cellphones

Immigration Area is a sanitized area

Snake queueing to assign departing Filipinos to immigration officersat random and prevent escort services.


THEME GOVERNMENT AGENCY

STATUS OF/ ACTION TAKEN ON RECOMMENDATIONS


Legislation and Services

Institute National Health Service Act.

Conduct public hearing in Congress on the non-implementation of Art 22 of theLabor Code.

File the necessary legislation to protect familiesabandoned by OFWs.

Harmonize existing bills in Congress withthe Maritime Convention.

Initiate urgent legislative measures to comeout with viable alternatives of

Sections 29 and 30of RA 8042 was repealed by Republic Act 9422 which also strengthened the regulatory functions of the POEA

Further amendmentsto RA 8042 are in consolidated status in the 14th

Congress (deletionof section 4d in the statement of policy; imposing penalties for erring and negligent consularstaff; additional OFW representationin OWWA Board and POEA Governing Board; replenishment of ATN and LAF and emergency repatriation funds


home-based employment or income-generating activities conducive to Filipinos who may opt to stay at home.

Initiate bills that will give OWWA its own charter similar to SSS and GSIS.

Accelerate the passage of all pending bills inCongress that can improve OFWs’ lot, protect their rights and welfare and those of their families.

Speed up the amendment of RA

through the GAA.

A Draft proposal for an OWWA Charter is underway.


8042.

Initiate bills for a comprehensive reintegration program of returning OFWs.

Pass laws supporting OFW economic initiatives e.g.tax incentives, accreditation ofOFW associationsby CDA, allotting 1% of the national budget for OFW affairs.

Include OFW economic agenda in the national agenda.

Utilize Congressoversight mechanism.


Mandatory allocation of salary of land-based OFWs

Immediately conduct a Congressional inquiry on the policies of OWWAwhile the charter is beingprepared.

RA8042 Sec. 2 (g) of Declaration of Policies: ultimate protection to all migrant workers is the possession of skills. Make this law gender-sensitive.

(h) NGOs are partners of the


state in the protection of OFWs and the promotion of their welfare.

Relate to Sec. 40 – NGOs shouldparticipatein formulatingthe IRRs.

Re (i,2nd paragraph) deployment of Filipino workersby local servicecontractors and manning agenciesis encouraged and given incentives. SCRAP this provision for being inconsistent with the policy of the state notto promote overseas


employment as a means to sustaineconomic growth and achieve national development as stated in Sec. 2( c ).

Re Deployment: SCRAP Sec. 4 (d)“any”. Indicate the time frame when “any” or all of the guidelines must be followed/complied with in the deployment.

Re Illegal Recruitment: REVIEW Sec. 10 (5) “whichever is less”.Legal Assistancefor Migrant Workers Affairs


Sec. 25 need notspecify the figure. Just ensure the regular appropriation offunds.

Implement effectively the Country Team Approach.

Repeal Deregulation andPhase Out: Sec. 29 and 30 – amendment of thederegulation program. Miscellaneous Provisions: Additional representation of OFWs: one from OFWs, one from advocates.

Amend OAVL: Remove the


requirement for immigrants and permanent residents to execute an affidavit of intent to returnwithin three years.Enact OWWA Charter

Enact Magna Carta for SeafarersEnact law to recognize Overseas Filipino investments as 100% Filipino investment Assess HSW policy reform implementation;

Conduct assessment –


evaluation of the GO-GO on EPS& JITCO

On the ratification of bilateral and international agreements, extend House support through House resolutions on Ratification of ILO-IMO MaritimeConvention, Ratification of ILO Convention 181 on private employment agencies, Non-ratification of JPEPA

Review of fiscalpolicies, remittance service charge, foreign exchange


rates, credit and lending

Pass the bill that requires 2 years local service before going abroad

Pending bill on OFW bank

OversightFunction

Oversight Function (in aidof legislation) over the implementationof RA8042, RA9189, and RA 9208

Performance and financial audit of DFA, OUMWA, Embassies, Consulates, POLOs, OWWA, POEA, TESDA and NLRC

Monitor

Exercise of oversight on the executive and in aid of legislation–on illegal recruitment, regulation of Recruitment Agencies, Placement Fees

The Philippines has reported to the UN Migrant Workers Conventionlast January 2008 and April 2009; (See Annex for copy of the


compliance and implementation of various provisions in RA8042

Transfer of Medicare to PhilHealth Appreciating peso and its impact on remittances

Overdue country report on UN MWC

Committee's Concluding Observations)


Overseas Voting

Fully automate counting of votes.

Give OFWs optionto register and vote personally or by post.

Implement a continuing system of registration in the Philippines and abroad

Conduct field and mobile registration here and abroad

Conduct field and mobile voting overseas

Implement a registration andvoting mechanismadaptable to seafarers’

The House approvedon 3rd and final reading its consolidated bill to amend RA9189. Its counterpart measure in the Senate will be consolidated by a Technical Working Group (TWG).

OAV Registration for 2010 electionsare ongoing from February 1, 2009 until August 31, 2009.

CMA together with FES and CFO produced promotional OAV registration posters and flayers. DFA OAVS distributed the copies to the posts.


situation

Allocate enough time and budget for information dissemination onthe OAVL as wellas on the candidates running for election.

Reformat registration forms into user-friendly forms to avoid confusion.

Thoroughly checkand update the Certified List of Overseas Absentee Voters (CLOAV).

Ship all voter IDs in one complete batch.


Improve the quality of the OAVF-6 envelopesfor official ballots.

THEME OTHER STAKEHOLDERS

STATUS OF/ ACTION TAKEN ON RECOMMENDATIONS

NGO COMMUNITY


Work for the political empowerment and representation ofOFWs.

Call or write respective congressmen to support legislative proposals to facilitate their passage.

Launch an information/ education campaign on WTO, GATS Mode IV and their impact on migration among governments and civil society.

Coordinate and link anti-WTO campaigns to promote solidarity.

Migrant rights advocates join other sectors in the broad movementagainst the WTO and GATS such as the Magkaisa: JunkJPEPA Coalition; SNR -Stop the New Rounds and NetworkAgainst ASEAN-EU FTA


Pressure governments to maintain their commitments outside the WTO e.g. to UN and ILO conventions.

Invite the media to public meetings in communities or activities involving OFWs and families.

Lobby for the immediate Senate ratification of the ILO Maritime Convention. Seafarers’ representatives, NGOs for seafarers should be among the prime movers in this lobby. Dialogue with POEA and ship-


owners regarding the Convention. Get together to raise awareness on the Convention. Include students in the lobby, education work and information raising. Mobilizethe media.

Lobby host statesto enact laws to protect the rights of foreignworkers and to promote reintegration of migrant workers. They should support (financially and technically) and implement programs supporting enterprises initiated by


OFWs.

Strengthen and continue existingadvocacy for labor standards and unity among migrant unions.

Conduct research on “Democratization through Migration,” whichmust look at whatis happening in the country whilelooking at the experiences of migrants abroad. Look at the number of former OFWs who won local administrative (executive) positions. Also on the impact of OFW experience ondemocratization.


Conduct another further study on “Democratization through Migration,” to take a look if a break from the participation in a political process (e.g. joining the NPA) can be analogous to taking a breakfrom the system by going abroad. Make more researches on “Democratization Through Migration,” preferably from the perspective of receiving countries to know:

1. whether the presence of migrants affects


democratization or lend to less tolerance, 2. why some countries do not ratify migrants worker conventions, and 3. If closed countries with high migrant population will own up to democratization OFWs and Migrant families should prepare physically, emotionally and psychologically when aspiring to work abroad. Learn PDOS by heart. Verify recruitment agency status with POEA, validate job offer even by relatives or


friends based abroad.

Do not sign blankcontracts or documents. Do notforge your medical exam results, trade test and other personal documents.

Do not embrace Islam as your religion if your intention is onlyto enter KSA for employment opportunities. Donot involve in drug trafficking.Respect all religious and cultural sensitivities of the host country.

Get involved in community and


self-help projects of various organizations in your localities. Get actively involved in advocacies, forums and seminars protecting your rights, welfare and well-being asan OFW.

Ask question whenin doubt. Don’t look for problemswhile at or off job sites, learn to work and respect your kababayans.

THEME CROSS-CUTTING GOVERNMENT THEMES

STATUS OF/ ACTIONTAKEN ON RECOMMENDATIONS


Multilateral/ BilateralAgreements

Negotiate bilateral and multilateral agreements with labor receiving countries for the protection of the rights and welfare of migrant workers.There is enough basis in existing UN and ILO conventions / international law for this.

Initiate high-level bilateral negotiations with northern countries importing Filipino health professionals similar to the South Africa-UK and Poland-Netherlands

The Philippines completed the process of ratification of ILO Convention 97last April 2009.

The Senate ratified JPEPA and the ASEAN Charter.

At present, the Philippines has signed bilateral agreements with 41 countries on the recognition of Filipino Seafarers’ certificates of training, enabling their employment in these countries’ shipping vessels.

The Philippines through the Social Security


Agreement.

Forge bilateral/multi-lateral agreements.

Lobby host states to enact laws to protect the rights of foreign workers.

Study the possibility of including in bilateral agreements the establishment ofmechanisms to enforce court judgment or to implement provision of support to families left behind.

Develop North-South hospital

System (SSS) alsoforged bilateral social security agreements (SSA’s) to ensurethe portability of the workers’ social security contributions in their host countries. In summary the Philippines has forged bilateral agreements including BLA’s with 56 countriesin the last 38 years of labor migration.

The critique though is that most of the bilaterals stresson recruitment and deployment and what we wouldlike to see are provisions on the


to facilitate health partnership agreements

Strictly screen out under-age passport applicants in Muslim Mindanao

Enhance the roleof the Bureau ofimmigration at airports and seaports regarding anti illegal recruitment/antitrafficking programs

protection and recognition of migrant workers. While bilaterals are very good andit works somehow for the Philippines case,in the long term,we would encourage governments to gofor multilateral agreements, especially on issues that are common to migrants, regardless of their nationality, for instance domesticwork.

An emerging issuenow is bilateralson trade where provisions on migrant labor as service providers


are being incorporated as in the case of JPEPA; this is ontop of the perennial concernthat the neo-liberal frameworkof the WTO and the FTAs and EPAsdo not result to poverty alleviation and real and sustained development of the world's poor people and may only trigger moremigration and mass displacementof peoples.

Information and Education

Recommendations to DFAConduct nationwide sustained and coordinated information


campaign on realities of migration and roles of different involved agencies

Use more creative approaches to education/information work. Alsotake the OFWs’ perspective.

Coordinate issue-based campaigns among different involved agencies.Include OFs / OFWs / families in the conduct of campaigns.

Mass production and effective distribution of popular, reader-


PART IV Philippine Commitment to the HumanRights of Migrant Workers and TheirFamilies

A. United Nations Conventions andDeclarations Source:http://www2.ohchr.org/english/bodies/ratification/index.htm

Treaty/ConventionUniversal Declaration of Human RightsConvention on the Prevention andPunishment of the Crime of GenocideConvention on the Non-applicability ofstatutory limitations to war crimes andcrimes against humanity International Convention on theSuppression and Punishment of the Crimeof ApartheidInternational Convention Against

Apartheid in SportsInternational Covenant on Civil and

Political Rights (ICCPR)Optional Protocol to the ICCPR Second Optional Protocol to the ICCPRaiming at abolition of Death Penalty International Covenant on Economic,Social and Cultural Rights (ICESCR)


International Convention on theElimination of All Forms of RacialDiscrimination (ICERD) Amendments to Article 8 of the ICERDConvention on the Rights of the Child

(CRC) Amendment to Article 43 (2) of the CRCOptional Protocol to CRC on Involvementof Children in Armed Conflict Optional Protocol to the CRC on thesale of children, child prostitutionand child pornographyConvention for the Suppression of theTraffic in Persons and of theExploitation of the Prostitution ofOthers Convention Against Torture and OtherCruel, Inhuman or Degrading Treatmentor PunishmentAmendments to Articles 17 (7) and 18(5) of the Convention Against TortureOptional Protocol to the Convention

Against TortureConvention Against Discrimination in

EducationAdopted by the General Conference ofthe United Nations Educational,Scientific and Cultural Organization(UNESCO)


Declaration on the Human Rights ofIndividuals Who Are not Nationals ofthe Country in Which They Live Declaration on the Elimination ofDiscrimination Against WomenProclaimed by the GA Resolution 2263

(XXII) Convention on the Elimination of AllForms of Discrimination Against Women(CEDAW) Optional Protocol to the Convention onthe Elimination of All Forms ofDiscrimination Against Women Amendment to Article 20, par 1 of the

CEDAWInternational Convention on theProtection of the Rights of All MigrantWorkers and Members of Their FamiliesConvention on the Rights of Persons with

Disabilities Optional Protocol to the CRPDInternational Convention for theProtection of All Persons from EnforcedDisappearance

B. International Labor OrganizationConventions


Source:http://www.ilo.org/ilolex/cgi-lex/pqconv.pl?host=status01&textbase=iloeng&querytype=bool&hitdirection=1&hitstart=0&hitsrange=2000&sortmacro=sortconv&query=Philippines@ref&chspec=19&

Treaty/ ConventionC17 – Workmen's Compensation (Accidents)ConventionC19 – Equality of Treatment (Accident Compensation) ConventionC23 – Repatriation of Seamen ConventionC29 – Forced Labour ConventionC53 – Officers' Competency Certificates ConventionC59 – Minimum Age (Industry) Convention (Revised)C77 – Medical Examination of Young Persons (Industry) ConventionC87 – Freedom of Association and Protection of the Right to Organize ConventionC88 – Employment Service ConventionC89 – Night Work (Women) Convention (Revised)C90 – Night Work of Young Persons (Industry) Convention (Revised)


Treaty/ ConventionC93 – Wages, Hours of Work and Manning (Sea) Convention (Revised) C94 – Labour Clauses (Public Contracts) Convention C95 – Protection of Wages ConventionC97 – Migration for Employment Convention (Revised 1949)C98 – Right to organize and Collective Bargaining ConventionC99 – Minimum Wage Fixing Machinery (Agriculture) Convention C100 – Equal Remuneration ConventionC105 – Abolition of Forced Labour ConventionC110 – Plantations ConventionC111 – Discrimination (Employment and Occupation) ConventionC118 – Equality of Treatment (Social Security) ConventionC122 – Employment Policy ConventionC138 – Minimum Age ConventionC141 – Rural Workers' Organizations ConventionsC142 – Human Resources Development ConventionC143 – Migrant Workers (Supplementary Provisions) Convention


Treaty/ ConventionC144 – Tripartite Consultation (International Labour Standards) ConventionC149 – Nursing Personnel Convention C157 – Maintenance of Social Security Rights ConventionC182 – Worst Forms of Child Labour Convention

A. Bilateral Agreements and Memoranda ofUnderstanding/ Undertaking132

132 Philippine Bilateral Labor Agreements,International Labor Affairs Service,Department of Labor and Employment.

December 2006


Treaty/ Convention

Date Adopted/ Signed/ Entered into Force

Status

RP-Indonesia MOUMemorandum of Understanding between the Department of Labor and Employment (DOLE) of the Republic ofthe Philippinesand the Department of Manpowerand Transmigration of the Republic ofIndonesia Concerning Migrant Workers

January 18, 2003/ June 12, 2003 in Bali, Indonesia; Validfor 5 years and automatically renewed for similar periods unless terminated by either Party.


Treaty/ Convention


Status

RP-Laos MOUMemorandum of Understanding on Technical Cooperationon Labor and Employment between theGovernment of the Republic ofthe Philippinesand the Government of the Lao People's Democratic Republic

July 27, 2005 inVientiane, Laos

For ratification


Treaty/ Convention


Status

RP-Papua New Guinea MOU

Memorandum of Understanding between the Philippinesand Papua New Guinea

March 14, 1979 in Manila

Expired


Treaty/ Convention


Status

RP-Korea MOUMemorandum of Understanding between the Ministry ofLabor of the Republic ofKorea and the Department of Labor and Employment of the Republic ofthe Philippineson the Sending of Workers to the Republic ofKorea

April 23, 2004 in Seoul / Renewed on October 20, 2006/ Valid for two years; may be amended or extended as mutually decidedupon in writing by both parties

Renewed


Treaty/ Convention


Status

RP-Korea EPSMemorandum of Understanding between the Department of Labor and Employment of the Philippinesand the Ministry ofLabor of the Republic ofKorea on the Sendingand Receiving of Workers to the Republic ofKorea underthe Employment Permit

October 20, 2006in Gwacheon City/ Two years(until October 20, 2008)

Until Oct 20/08


Treaty/ Convention


Status

RP-Taiwan MOUMemorandum of Understanding on Special Hiring Program forTaiwan between theManila Economic and Cultural Office in Taipei and the Taipei Economic and Cultural Office in the Philippines

January 12, 2001in Taipei/ Renewed on March20, 2003/ Renewed on March20, 2006 / Validfor 2 years subject to extension by mutual agreementby Parties

Renewed/Active


Treaty/ Convention


Status

RP-Bahrain MOUMemorandum of Understanding between the Government of the Philippinesand the Government of the Kingdom of Bahrain on Technical Education

December 14, 2003 in Manama, Bahrain

For ratification


Treaty/ Convention


Status

RP-Iraq MOAMemorandum of Agreement relating toMobilization of Manpower Between theRepublic ofIraq and the Republic ofthe Philippines

November 25, 1982 in Manila

Expired


Treaty/ Convention


Status

RP-Jordan MOUMemorandum of Understanding between the Minister ofLabor and Employment of the Republic ofthe Philippinesand the Minister ofLabor of the Hashemite Kingdom of Jordan

November 5, 1981in Manila

Expired


Treaty/ Convention


Status

RP-Jordan BLA Agreement on Manpowerbetween theGovernment of the Republic ofthe Philippinesand the Government of the Hashemite Kingdom of Jordan

November 3, 1988in Amman

Expired


Treaty/ Convention


Status

RP-Kuwait MOU Memorandum of Understanding on Laborand Manpower Developmentbetween theGovernment of the Republic ofthe Philippinesand the Government of the State of Kuwait

September 14, 1997 in Kuwait/ ratified on October 27, 1997/ entered into on May 21, 1998/ valid for 4 years and automatically renewed for the same period unless one of the parties expresses in writing the desire to terminate the Agreement


Treaty/ Convention


Status

RP-Liberia MOURP-Liberia Memorandum of Understanding on Employment of Seafarers

August 10, 1985 in Manila

Expired

RP-Libya MOUMemorandum of Understanding between the Government of the Republic ofthe Philippinesand the Great Socialist People's Libyan ArabJamahiriya

July 17, 2006 inTripoli/ Ratified December 11, 2006/ Valid for 5 years and shall be automatically renewed for the same period unless either ofthe two parties requests termination thereof in writing through diplomatic channels


Treaty/ Convention


Status

RP-Qatar BLA Agreement Between theRepublic ofthe Philippinesand the Government of the State of Qatar Concerning Filipino Manpower inthe State of Qatar

March 10, 1997 in Doha/ Ratified by the Senate on March 4, 1999/ Valid for 3 years and thereafter renewed automatically for further periods, unless either party notifies the other party in writing the desire to terminate the agreement at least 6 months prior to intended termination date.


Treaty/ Convention


Status

RP-Saudi Arabia MOU

Memorandum of Understanding for Cooperationin the Field of Technical Vocational Education and Training Between theGovernment of the Kingdom of Saudi Arabia and the Government of the Republic ofthe Philippines

October 1, 2005 For ratification


Treaty/ Convention


Status

RP-Norway Agreement Between PhilippinesOverseas Employment Administration and Aetat (the Directorateof Labour, Norway) on Transnational Cooperationfor Recruiting Professionals from theHealth Sector to Positions in Norway

June 26, 2001 inOslo/ Valid until December 31, 2003; Renewal agreement required at least 3 months before termination date

Expired


Treaty/ Convention


Status

RP-SpainMemorandum of Understanding on Cooperationfor the Management of the Migratory Flows Between theMinistry ofLabor and Social Affairs of the Kingdomof Spain and the Ministry ofLabor and Employment of the Republic ofthe Philippines

June 29, 2006 inMadrid

Active


Treaty/ Convention


Status

RP-SwitzerlandAgreement Between theGovernment of the Republic ofthe Philippinesand the Swiss Federal Council on the Exchange ofProfessional and Technical Trainees

July 9, 2002 in Manila/Ratified by the Philippine Government on January 28, 2003and entered intoforce on June 10, 2003.


Treaty/ Convention


Status

RP-UKRecruitmentAgreement between theGovernment of the Republic ofthe Philippinesand the Government of the United Kingdom of Great Britain andNorthern Ireland

January 6, 2002 in London/ Validfor 3 years and automatically renewed unless one party decides to terminate the agreement

Active


Treaty/ Convention


Status

RP-UK MOUMemorandum of Understanding Between the Republic ofthe Philippinesand the United Kingdom of Great Britain andNorthern Ireland on Health CareCooperation

July 30, 2003 inLondon/ Ratifiedon March 9, 2004


Treaty/ Convention


Status

RP-CNMI MOU Memorandum of Understanding Between the Department of Labor and Employment of the Republic ofthe Philippinesand the Commonwealth of Northern Mariana Islands

September 14, 1994 in Manila

Amended


Treaty/ Convention


Status

RP-CNMI Amended MOU

Amended Memorandum of Understanding Between the Department of Labor and Employment of the Republic ofthe Philippinesand Department of Labor and Immigrationof the Commonwealth of Northern Mariana Islands

December 18, 2000 in Manila/ Valid for 1 yearand automatically renewed year after year unless one of the parties expresses in writing the desire to terminate the Agreement

Under review


Treaty/ Convention


Status

RP-US BLA Agreement Between theGovernment of the Republic ofthe Philippinesand the Government of the United States of America Relating tothe Recruitmentand Employment of Philippine Citizens bythe United States Military Forces and Contractors

December 28, 1968 in Manila

Expired


Treaty/ Convention


Status

of the Military and Civilian Agencies ofthe United States Government in Certain Areas of the Pacificand Southeast Asia


Treaty/ Convention


Status

RP-US MOA Agreement Between theRepublic ofthe Philippinesand the United States of America on Employees' Compensation and Medical Care Programs

March 10, 1982 in Manila

Expired

RP-Saskatchewan MOU

Memorandum of Understanding Between the Department of Labor and Employment

December 18, 2006/ Valid for 2 years, automatically renewed for similar periods unless one Participant expresses in writing its intention to


Treaty/ Convention


Status

and Her Majesty theQueen in the Right of the Province ofSaskatchewan as representedby the Minister Responsiblefor Immigrationand the Minister ofAdvanced Education and Employment (AEE) Concerning the Cooperationin the Fields of Labor,

terminate or renegotiate the MOU before the expiration of the first 2 years


D. Agreements Concerning Recognition ofSeafarers' Training Certificates133

The International Convention on Standards ofTraining, Certification and Watchkeeping forSeafarers, 1978 (STCW Convention) prescribesminimum standards in training, certificationand watchkeeping for seafarers, whichcountries that are party to the Conventionare required to meet or acceed to. Anamendment to the Convention in 1995 addedregulations for the recognition of seafarerscertificates. This regulation states that awritten undertaking between the flag state(the country whose nationals own the ships)and the certificate-issuing party/state (thecountry whose seamen's certificates arebeing recognized) need to be agreed upon toallow seafarers from the certificate-issuingparty to work on board the flag-state ships.

133 Ibid.


Treaty/ Convention Date Adopted/ Signed/ Entered intoForce

Status

RP-Australia Undertaking between the Government of the Republic ofthe Philippinesand the Government of Australia Concerning the Recognition of Certificates under Regulation 1/10of the 1978 STCW Conventionas amended

June 21, 2002 in Manila

For ratification



Status

A. RP Brunei MOU

Undertaking between the Government of the Republic ofthe Philippinesand the Government of His Majesty theSultan and YangDi-Pertuan of Brunei Darussalam Concerning the Recognition of Certificates under Regulation 1/10of the 1978 STCW Conventionas amended, of Seafarers for Service on Vessels Registered in

August 23, 2001 in Bandar Seri Begawan/ Entered intoforce on March 12, 2002



Status

RP-Cambodia MOU Memorandum of Undertaking between the Ministry of Public Works and Transport of the Kingdom of Cambodia andthe Maritime Training Council of the Republic of thePhilippines on Recognition of Training and Certification for Seafarers

October 14, 2002 in Manila/ October 22, 2003



Status

RP-Hong Kong MOUAn Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Hong Kong-Registered Ships between the Department of Labor and Employment on behalf of the Government of the Republic ofthe Philippinesand the Marine Department on Behalf of the Government of the Hong Kong Special Administrative Region of the

October 29, 2001 in HongKong/ February 26,2002



Status

RP-Indonesia MOUAn Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Board IndonesiaFlagged Vesselsbetween the Directorate General of Sea Communication on Behalf of the Republic ofIndonesia and the Maritime Training Council on Behalf of the Government of the Philippines

September 16, 2002/ Ratified on June 2, 2003



Status

RP-Japan MOU Undertaking on the recognitionof Certificatesunder Regulation 1/10of the IMO STCW– through a Note Verbale issued by CDA (Charge D'Affaires) Hideaki Asahi, Embassy of Japan in Manila

January 21, 2000/ August17, 2004



Status

RP-Korea MOU Korea: An Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Korean-Flagged Vessels betweenShipping and Logistics Bureau, Ministry of Maritime Affairs and Fisheries, on behalf of the Republic of Korea and Maritime Training Council on Behalf of the Republic of the

October 3, 2005

For ratification



Status

RP-Malaysia MOUAn Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Malaysia Flagged Vesselsbetween the Maritime Department of Malaysia and Maritime Training Council of the Republic of thePhilippines

July 31, 2002

For ratification



Status

RP-Mongolia MOAMemorandum of Agreement on the Recognitionof Training andCertification of Seafarers between the Government of Mongolia and the Republic ofthe Philippines

June 12, 2003/ October 9, 2003



Status

RP-Singapore MOU Undertaking Between the Government of the Republic ofthe Philippinesand the Government of the Republic ofSingapore Concerning the Recognition of Certificates under Regulation 1/10of STCW 1978 asamended

August 25, 2001 in Singapore/ April 15, 2002



Status

RP-Eritrea MOU An Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Eritrean Flagged Vesselsbetween the department of Maritime Transport of the Ministry ofTransport and Communication of the State ofEritrea and Maritime Training Council (MTC), Republic of thePhilippines

April 17, 2006

For ratification



Status

RP-Kuwait MOU Memorandum of Understanding on the Recognition of Certificates ofCompetency and Training of Seafarers for Service OnboardVessels registered in State of Kuwaitbetween the Government of the State of Kuwait and the Government of Philippines

November 10,2002/ April 2, 2004



Status

RP-Liberia MOU Undertaking Between the Government of the Republic ofthe Philippinesand the Government of the Republic ofLiberia Concerning the recognition of Certificates Under regulations 1/10 of the 1978 STCW Convention as amended

June 5, 2002 For ratification



Status

RP-Qatar MOU Memorandum of Understanding Between the Government of the State of Qatar and the Government of Philippines Concerning Mutual Recognition of Certificates inaccordance withthe international convention on standard of training certification and watch keeping for seafarers

August 9, 2006

For ratification



Status

RP-South Africa MOU An Undertaking Concerning the Recognition of Training and Certification of Seafarers between the Maritime Training Council (MTC) and the South African Maritime SafetyAuthority (SAMSA) (Recognition ofSouth African Seafarer Qualifications)

June 1, 2006 For ratification



Status

RP-Belgium MOU Undertaking forthe Recognitionby the Government of the Kingdom of Belgium of Certificates ofCompetency Issued by the Government of the Republic ofthe Philippinesunder regulation 1/1-of the 1978 STCW Convention, As amended

June 12, 2003/ December 30,2003



Status

RP-Cyprus MOUUndertaking forthe recognitionby the Government of the Republic ofCyprus of Certificates ofCompetency issued by the Competent authorities of the Republic ofthe Philippinesin accordance with the Regulation 1/10of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers,

September 13, 2001 in Manila/ August 28, 2003



Status

RP-Georgia MOUAn Undertaking concerning the recognition of training and certification for seafarers between Maritime Transport Administration of Georgia on behalf of the Government of Georgia and Maritime Training Council on behalf of the Government of the Philippines

May 6, 2003 For ratification



Status

RP-Greece Bilateral Undertaking between the Government of the Hellenic Republic and the Government of the Republicof the Philippines Concerning the Recognition of Certificates Pursuant to Regulation 1/10of the 1978 STCW Convention, As amended

March 12, 2003/ July 22, 2003



Status

RP-Ireland MOAMemorandum of Agreement on the Recognitionof Training andCertification of Seafarers between the Republic of thePhilippines as represented by the Maritime Training Council and theGovernment of Ireland as represented bu the Department of Communications,Marine and Natural Resources

April 25, 2003

For ratification

RP-Isle of Man MOU An Undertaking

January 11, 2002

For



Status

in accordance with Regulation1/10 paragraph 1.2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995concerning the Recognition of certification issued to seafarers by the Government of the Republicof the Philippines for service in ships

ratification



Status

registered in the Isle of Man, and made between the Isle of Man Marine Administration,a Division of the Department of Trade and Industry of theIsle of Man andthe Maritime Training Council for theGovernment of the Philippines



Status

RP-Italy MOU Memorandum of Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Italy Flagged Vessels Betweenthe Philippine Administration and the Italy Administration

April 24, 2002

For ratification



Status

RP- Luxembourg MOAMemorandum of Agreement on the Certificates ofCompetency and Training of Seafarers for Service on board vessels registered in Luxembourg between the Maritime Training Council of the Philippines andthe Commissariat aux Affaires Maritimes of Luxembourg

June 28, 2002

For ratification



Status

RP-Malta MOU Undertaking between the Government of the Republic ofthe Philippinesand the Government of Malta Concerning the Recognition of Certificates under Regulation 1/10of the 1978 STCW Convention, as amended

January 11, 2002

For ratification



Status

RP-Netherlands MOUUndertaking between the Kingdom of Netherlands andthe Republic ofthe Philippineson the Recognition of Certificates under Regulation 1/10of the 1978 STCW Convention

May 31, 2001in Manila/ February 11,2002



Status

RP-Norway MOUUndertaking between the Government of the Republic ofthe Philippinesand the Government of Norway Concerning the Recognition of Certificates Under Regulation 1/10of the 1978 STCW Convention, as Amended

November 19,2001/ January 22, 2002



Status

RP-Poland MOUUndertaking between the Polish MaritimeAdministration and the Maritime Training Council Concerning the Recognition of Certificates Under Regulation 1/10of the 1978 STCW Convention, as Amended

September 2,2004/ March8, 2005



Status

RP-Sweden MOAUndertaking between the Swedish Maritime Administration and the Maritime Council of the Republic of thePhilippines Concerning the Recognition of Certificates under Regulation 1/10of the STCW Convention

January 29, 2002

For ratification



Status

RP-Switzerland MOAMemorandum of Agreement on the Recognitionof Certificatesof Competency and Training ofSeafarers for Service on Board Vessels Registered in Switzerland between the Swiss Maritime Navigation Office on behalf of the Government of Switzerland andthe Maritime Training Council on behalf of the Republic of thePhilippines

March 28, 2005

For ratification



Status

RP-Ukraine MOUMemorandum of Understanding between the Maritime Training Council of the Republic of thePhilippines andthe Ministry ofTransport of Ukraine on the Recognition of Certificates pursuant to Regulation 1/10of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as

September 2,2004/ April2005



Status

RP- Antigua and Barbuda MOU

Undertaking between the Government of the Republic ofthe Philippinesand the Government of Antigua and Barbuda Concerning the Recognition of Certificates under Regulation 1/10of the 1978 STCW Convention, as Amended

December 12,2001/ August8, 2003



Status

RP- Bahamas MOUUndertaking between the Government of the Republic ofthe Philippinesand the Government of Bahamas Concerning the Recognition of Certificates under Regulation 1/10of the 1978 STCW Convention, as Amended

September 10, 2001/ February 18,2002



Status

RP- Barbados MOUAn Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Board Vessels Registered in Barbados between the Principal Registrar Barbados Ships'Registry on behalf of the Government of Barbados and the Maritime Administration of the Philippines

April 22, 2002 / August 4, 2003



Status

RP- Belize MOUAn Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Board Vessels Registered in Belize between the International Merchant MarineRegistry of Belize on behalf of the Government of Belize and Maritime Training Council on Behalf of the Government of the Philippines

June 17, 2002

For ratification



Status

RP- Dominica MOA Memorandum of Agreement on the Recognitionof Training andCertification of Seafarers between the Commonwealth ofDominica as represented by the Office of Maritime Affairs and Marine Personnel and the Republic ofthe Philippinesas represented by the MaritimeTraining Council

April 25, 2003/ September 15, 2003



Status

RP- JamaicaRecognition of Certificates under the Termsof the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as Amended in 1995 (Recognition ofPhilippine Certificates)

April 21, 2005

For ratification



Status

RP- Marshall Islands MOU

An Undertaking between the Government of the Republic ofthe Philippinesand the Government of the Republic ofMarshall Islands Concerning the Recognition of Certificates under Regulation 1/10of the 1978 STCW Convention, as Amended

October 8, 2001 / August 4, 2003



Status

RP- Panama MOA An Agreement Concerning the Recognition of Training and Certification of Seafarers for Service on Board Vessels Registered in the Republic ofPanama between the Administrator of the Panama Maritime Authority (AMP)on behalf of the Republic ofPanama and the Maritime Training Council on behalf of the Philippines

July 26, 2002

For ratification



Status

RP- St. Vincent and the Grenadines MOU

An Undertaking Concerning the Recognition of Training and Certification of Seafarers for Service on Board Vessels Registered in St. Vincent andthe Grenadines Maritime Administration on behalf of the Government of St. Vincent and the Grenadines and Maritime Training Council on Behalf of the Government of the Philippines

July 28, 2005



Status

RP- Vanuatu MOUUndertaking between the Government of the Republic ofthe Philippinesand the Government of the Republic ofVanuatu Concerning the Recognition of certificates under regulation 1/10of the 1978 STCW Conventionas amended

September 26, 2001

For ratification

E. Agreements on Social Security134

134 Ibid.


Treaty/ Convention Date Adopted/ Signed/ Entered into Force

Status

RP- KoreaAgreement on Social Security between the Government of theRepublic of the Philippines and the Government ofthe Republic of Korea

December 15, 2005

For ratification

RP- AustriaConvention between the Republic of the Philippines and the Republic of Austria in the Field of Social Security

December 1,1980/ April1, 1982



Status

RP- BelgiumConvention on Social Security between the Republic of the Philippines and the Kingdom of Belgium

December 7,2001/ August 1, 2005

RP- FranceConvention on Social Security between the Government of theRepublic of the Philippines and the Government ofthe French Republic

February 7,1990/ November 1,1994



Status

RP- NetherlandsAgreement betweenthe Republic of the Philippines and the Kingdom of the Netherlands on the Export of Social Insurance Benefits

April 10, 2001/ November 26, 2001

RP- SpainConvention on Social Security between Spain andthe Philippines

May 21, 1988/ Expired on November 12, 2002

Expired

RP- SwitzerlandAgreement on Social Security between the Republic of the Philippines and the Swiss Confederation

September 17, 2001 / March 1, 2004



Status

RP – CanadaAgreement on Social Security between the Republic of the Philippines and Canada

September 9, 1994/ March 1, 1997

RP-QuebecUnderstanding on Social Security between the Republic of the Philippines and Quebec

October 22,1996/ November 1,1998

F. Philippine Laws and Policies that AffectOFWs and Overseas Filipinos

Policies, Legal Rights and Access to Justice

• Republic Act 2468 was the first lawpassed by the Philippine legislaturein 1915 related to overseas


employment. This law essentiallyprovided rules on license issuance,license fee and welfare regulations.It includes provisions which prohibitminors to work abroad without theparent’s written consent, prohibit therecruitment of non-Christians forexhibition or display and provide fortransportation for returning workerswho are physically unfit or havefinished serving the contract. Thelaw became the basis of theGovernment’s policy on overseasemployment from 1915 up to the adventof the Labor Code of the Philippines

• 1987 Philippine Constitution

• Labor Code of the Philippines(Presidential Decree 442)

• PD 1412 Amendment to the Labor Code

• RA 8042 (1995, Migrant Workers andOverseas Filipinos Act of 1995)

• RA 9189 (2003, Overseas AbsenteeVoting Act of 2003)

• RA 6768 (Balikbayan Law)


• RA 8179 (Amended Foreign Service Actof 1991)

• Republic Act No. 7157, Foreign ServiceAct of 1991

• RA 9422 repealed Sections 29 and 30 ofRA8042 and strengthen regulatorypowers of POEA (2007)

• Administrative Order AO 247 (Fullblast market development efforts forjobs overseas)

• Executive Order 126 Reorganizing theMinistry of Labor and Employment

Anti-Illegal recruitment and HumanTrafficking

· RA 6955 (1990, Anti-Mail Order BrideLaw--An Act to Declare Unlawful thePractice of Matching Filipino Women forMarriage to Foreign Nationals on aMail-Order Basis and Other SimilarPractices)

· RA 9208 (2003, Anti-trafficking inPersons Act of 2003)


· Executive Order No. 220, Creating anExecutive Council to SuppressTrafficking in Persons, ParticularlyWomen and Children (2000)

· Executive Order 759, Task Force AgainstIllegal Recruitment

Registration, Documentation and Information• RA 9225 (2003, Citizenship Retention

and Re-acquisition Act of 2003)

· RA 8171 (Re-acquisition of PhilippineCitizenship by Filipino women who losttheir citizenship by marriage toaliens)

· RA 8239 (Philippine Passport Act of1996) (being amended)

· Executive Order No. 203, Establishingan Inter-Agency Committee on the SharedGovernment Information System forMigration (SGISM) (2000)

· Joint Circular 4 by POEA-OWWA onTransfer of PDOS from POEA to OWWA


· MC 3 Compulsory PDOS

· MC 82 – Guidelines on accreditation ofNGOs for PDOS

· Memo of Instruction 13 by OWWA onpolicies and guidelines for managingPDOS

Recruitment and Placement Fees

· POEA MC 13 – Guidelines on theDeployment of Filipino Caregivers toIsrael

· MC 18 – Israeli government prohibitsIsraeli agencies from collectingplacement fees

· MC 14 –Placement fee ceiling· MC 16 -Placement Fee policy

· MC 03 – Placement Fee Policy forCanada

· MC 04 – New hiring guidelines forTaiwan-bound workers

Financial Services and Remittance


· RA 8179 (Amended RA 7042) –An Act tofurther liberalize foreign investments

· RA 7942 Foreign Investments Act

· RA 8762 (Retail Trade LiberalizationAct of 2000)

· RA 8424 (Tax Reform Act of 1997)

· PD 1183 (Travel Tax (and Exemption))

· PD 1867 (Amendment to PD 1183 tofurther increase travel tax)

· Batas Pambansa 185 (Laws on LandOwnership by Overseas Filipinos)

· Administrative Order 248 (FilipinoExpatriate Livelihood Support Programs)

· RA 7111- Overseas Workers InvestmentFund

· EO 857 Mandatory Remittance

· EO 935 Amendment to EO 857

Children


· RA 8043 (Inter-Country Adoption Act of1995

· RA 8552 (Domestic Adoption Act of 1998)

· RA 7610 (Special Protection of ChildrenAgainst Child Abuse, Exploitation andDiscrimination Act)

· RA 9231 (Eliminating the Worst Forms ofChild Labor)

Monitoring and Assistance by SendingCountries

•Letter of Instruction --LOI 537 Creationof OWWA

•Presidential Decree 1694 –Organizationand Administration of the WelfareFund of OWWA

•PD 1809 –Amending certain provisions ofPD 1694

•OWWA Omnibus Policies

•Executive Order 446 -Tasking the DOLESecretary to Oversee and Coordinate


the implementation of variousinitiatives for OFWs

•Executive Order No. 252, Establishing theInter- Agency Committee on PhilippineSchools Overseas, Defining itsComposition, Structure and Functions

(2000)

•Executive Order 195 –Medicare for OFWs

•Philippine Seafarers One-Stop Center atPOEA

•Executive Order (EO) 392, Transfer of OFWMedicare from OWWA to Philhealth

amending EO 182 of February 14, 2003,December 2005

•Executive Order 582, TransferringAuthentication of Documents from Officeof President to Department of ForeignAffairs

G. UN CMW Concluding Observations.

UNITEDNATIONS CMW


ADVANCE UNEDITEDVERSION

Distr.GENERAL

CMW/C/PHL/CO/11 May 2009

Original:ENGLISH

COMMITTEE ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIESTenth Session, 20 April – 1 May 2009

CONSIDERATION OF REPORTS SUBMITTED BY STATESPARTIES UNDER ARTICLE 74 OF THE CONVENTION

Draft Concluding observations of theCommittee on the Protection of the Rights ofAll Migrant Workers and Members of TheirFamilies

THE PHILIPPINES

1. The Committee considered the initialreport of Philippines (CMW/C/PHL/1) atits 105th and 107th meetings (seeCMW/C/SR105 and SR107), held on 23 and24 April 2009, and adopted thefollowing concluding observations at


its 114th meeting, held on 30 April2009

A. Introduction

2. The Committee, while regretting thedelay in submission of the Stateparty’s initial report, welcomes thereceipt of the report as well as thereplies to the list of issues. TheCommittee appreciates the constructiveand fruitful dialogue with acompetent, high-level delegation,which built on the report and thewritten responses to the list ofissues giving more specificinformation on questions of both alegal and practical nature concerningthe implementation of the Convention.

3. The Committee recognizes that thePhilippines is mainly a country oforigin with a large number of migrantworkers overseas.

4. The Committee notes the fact that manyof the countries employing Filipinomigrant workers are not yet parties tothe Convention, which may constitutean obstacle to the enjoyment by those


workers of the rights to which theyare entitled under the Convention.

B. Positive aspects

5. The Committee notes with appreciationthe State party’s commitment tomigrant workers’ rights, asillustrated by the nationalconstitutional, legislative, judicial,and administrative frameworks thatinclude several institutionalmechanisms.

6. The Committee appreciates that theState party considers the issue ofmigration as a priority in itsdomestic and foreign policy agenda.

7. The Committee also notes withappreciation the active role that thePhilippines is playing to promote theratification of the Convention bycountries of origin, transit anddestination.

8. The Committee also welcomes the activerole of the Philippines in regionalefforts to combat trafficking inpersons, especially within ASEAN.


9. The Committee further welcomes therecent ratification of, or accessionto, the following instruments:

a) The United Nations Convention onthe Rights of Persons withDisabilities;

b) Optional Protocols to theConvention on the Rights of theChild on The Involvement ofChildren in Armed Conflict and thesale of children, childprostitution and childpornography;

c) The Protocol to Prevent, Suppressand Punish Trafficking in Persons,Especially Women and Children, andthe Protocol against the Smugglingof Migrants by Land, Sea and Air,supplementing the United NationsConvention against TransnationalOrganized Crime;

d) And the ILO Migration forEmployment Convention (Revised),1949 (No. 97) and Migrant WorkersConvention (SupplementaryProvisions), 1975 (No. 143) ,making the Philippines one of only


a few states to have ratified allthe treaties relating to therights of migrant workers.

10.The Committee welcomes the bilateralsocial security agreements concluded bythe State party in so far as suchagreements promote the rights of migrantworkers and members of their families.

11.The Committee notes the important rolecivil society plays as a partner inimplementing the provisions of theConvention.

C. Factors and Difficulties

12.The Committee acknowledges that thegeography of the thousands of islands inthe State party makes it challenging toeffectively monitor the movement ofpeople and control borders to preventirregular migration and to safeguard therights of all migrant workers.


D. Principal subjects of concern,suggestions and recommendations

13.The Committee notes with interest themultitude of initiatives and programmesundertaken by the State party in responseto challenges faced in its labourmigration policy. At the same time, theCommittee is concerned thatimplementation, follow-up and evaluationof these programmes are insufficient.

14.The Committee recommends proper follow-up procedures as well as clear measurableand time-bound targets in order tofacilitate tracking their implementation.

15.The Committee welcomes the informationgiven by the State party’s delegation onthe labour migration policy and, inparticular, its efforts to ensure thatFilipino migrant workers are onlydeployed to countries where their rightsare respected. However, the Committee isconcerned that State party’s policies,especially through Administrative OrderNos. 247 and 248, 2008 and 2009respectively, would seem to be aimed atthe promotion of foreign employment ofmigrant workers.


16.The Committee recommends that the Stateparty review its labour migration policyin order to give primary importance tohuman rights of migrant workers, in linewith the State party’s own professed goalas set out in RA 8042.

1. General measures of implementation(arts. 73 and 84)

Legislation and application

17.The Committee notes that the Philippineshas not yet made the declarationsprovided for in articles 76 and 77 of theConvention recognizing the competence ofthe Committee to receive communicationsfrom States parties and individuals.

18.The Committee encourages the State partyto consider making the declarationsprovided for in articles 76 and 77 of theConvention.

Data collection

19.The Committee notes with interest thestatistics provided by the State partybut is concerned at the paucity ofinformation measuring stock and flows ofFilipino migrant workers. The Committee


regrets that the Inter-Agency Committeeon the Shared Government InformationSystem on Migration (SGISM) foreseen tobe established by Executive Order is yetto be implemented. Further the Committeenotes with regret the scarce informationconcerning the number of Filipinomigrants abroad, their skills andemployment, accurate data on returnees,second and third generation Filipinosoverseas, and the little informationrelating to foreign migrant workers inthe State party.

20.The Committee recalls that reliable,quality information is indispensable tounderstand the situation of migrantworkers in the State party, to assess theimplementation of the Convention and todevelop adequate policies and programs.In this regard, the Committee encouragesthe State party to:

a. Establish the Shared GovernmentInformation System on Migration(SGISM) as a harmonized database,in line with the Conventionincluding disaggregated data, asa tool for a more effectivelabour migration policy and the


application of the provisions ofthe Convention.

b. Strengthen collaboration withPhilippine Embassies andConsulates for improving datacollection.

c. Adopt a harmonized mechanism forgathering statistics on irregularmigrants including throughstudies or estimated assessmentswhen information is insufficient.

d. Continue collaboration withrelevant partners on analysis andinterpretation of statisticaldata and flow.

e. Ensure an adequate allocation offunds for the above purposes.

Training in and dissemination of theConvention

21.The Committee notes with interest thatinformational and educational materialson the Convention have been developed bythe State party as well as by NGOs.However, the Committee is concerned thatfrom the information received, the target


groups for whom training programmes andmaterial were developed remain unclear aswell as how the dissemination of theConvention was carried out. TheCommittee notes that pre-departureseminars and orientation for Filipinoworkers promote the rights under theConvention but regrets that littleinformation was provided on any existingassessments of the effectiveness of thesesessions.

22.The Committee encourages the State partyto:

a. Carry out an evaluation ofongoing training programmes andinformation campaigns to ensuretheir effectiveness and impact onpublic officials working in thearea of migration, includingconsular officials, border policeofficers, social workers, judgesand prosecutors.

b. Ensure orientation and pre-departure seminars for migrantworkers with clear objectives,country-specific information and


nationwide outreach using therights-based approach.

c. Work with civil societyorganizations and other relevantpartners to disseminateinformation on migrants’ rightsunder the Convention and accurateinformation to Filipino workersconsidering migrating abroad.Similarly, take measures topartner with the media.

d. Ensure the sufficient allocationof funds for training and- incollaboration with relevantpartners, including Non-governmental organizations(NGOs)- carry out capacitybuilding training for thegovernment agencies handlingmigration issues, such as theOverseas Workers WelfareAdministration, PhilippineOverseas Employment Agency, andthe Department of ForeignAffairs.


2. General principles (arts. 7 and 83)

Non-discrimination

23.The Committee notes with interest thatthe principle of non-discriminationexists de jure in the PhilippineConstitution, RA 8042, as well as anumber of legislative measures. TheCommittee is concerned however, that, inpractice, foreign workers in thePhilippines are granted rights only undercertain conditions, such as reciprocity,which may not be in line with theConvention.

24.The Committee reiterates that theexercise of human rights is not based onthe principle of reciprocity andrecommends that the State party take thenecessary steps to align its domesticlegislation with the Convention.

25.Regarding Filipino workers abroad, theCommittee notes the role of theDepartment of Foreign Affairs and theactivities of the Legal Assistant forMigrant Workers’ Affairs to pursue therights on behalf of Filipino migrantworkers, in case individual complaintsare legally impossible. Moreover, the


Committee notes with interest the LegalAssistance Fund that has been establishedfor Filipino migrant workers but regretsthat no sufficient information wasprovided regarding the issues that weredealt with and in which countries.

26.The Committee recommends that the Stateparty continue its efforts to:

a. Continue and strengthen itsactivities to provide legalassistance to Filipino migrantworkers

b. Inform Filipino migrant workersof the administrative andjudicial remedies available tothem through the Department ofForeign Affairs.

3. Human rights of all migrant workersand members of their families (arts.

8-35)

27.While noting with appreciation theactivities undertaken by the NationalCommission on the Role of Filipino Women(NCRFW) and the national legislationenacted to improve the situation ofmigrant Filipino women, the Committee


notes with interest the prominent numbersof female migrant workers. Moreover, theCommittee - like the Committee onCultural, Economic and Social Rights-notes with concern that women are mostoften employed in gender-specificindustries such as care givers,entertainers and domestic workers wherethey are vulnerable to physical, sexual,and verbal abuse,unpaid/delayed/underpaid wages, and mayface inequitable working conditions.

28.The Committee urges the State party tocontinue its efforts to promote theenhancement and empowerment of migrantwomen facing situations of vulnerabilityby inter alia:

a. Conducting a thorough assessmentof the situation and takingconcrete measures to address thefeminization of migrationcomprehensively in its labourmigration policies, includingincome of women in the informalsector, and minimal socialprotection for women.


b. Negotiating more secureemployment opportunities andterms and conditions for women invulnerable sectors throughbilateral agreements in thosecountries where discriminatorytreatment and abuse are morefrequent;

c. Carrying out gender training andsensitisation for governmentstaff dealing with migrationissues, in particular thoseproviding legal and consularassistance to Filipino nationalsabroad seeking justice againstabuse in the workplace;

d. Implementing the outcome documentof the Manila Call to Action as atool for informed policydecision-making and advocacy.

e. Liaising with local andinternational partner networks toprovide services and support tomigrants and to advocate formigrants’ rights.


29.The Committee is concerned about thedocumented cases where embassy/consulatepersonnel abroad did not properly assisttheir nationals because the former werenot sufficiently aware of processes inthe host country. While noting theinformation provided by the delegation onthe alternative dispute settlementmechanism, the Committee is concerned atinformation that Filipino migrants areunwilling to file cases of abuse by theiremployers abroad for lack of trust in thejustice system or fear of retaliation andunfamiliarity with the redresspossibilities.

30.The Committee recommends that the Stateparty:

a. Ensure that consular servicesrespond effectively to the needfor protection of Filipinomigrant workers and members oftheir families;

b. Take measures to ensure that itsembassy and consulate staffabroad are knowledgeable aboutthe laws and procedures of thecountries of employment of


Filipino foreign workers,especially in those countriescategorized as “highlyproblematic” by the DFA and theDOLE.

c. Undertake regular performance andfinancial audits of governmentpersonnel and agencies dealingwith migration issues and theirprogress monitored.

31.The Committee notes with concern that,despite the State party’s efforts toprotect the rights of Filipino migrantworkers abroad, abuse and exploitationcontinue, especially towards womenmigrants and that these areunderreported.

32.The Committee recommends that Stateparty:

a. Conduct a review of bilateral andmultilateral agreements,Memoranda of Understanding orother protective measures withcountries of employment ofFilipino foreign workers;


b. In case that no bilateralagreement can be finalized,continue cooperation arrangementswith countries receiving Filipinomigrant workers in areas ofmutual concern;

c. Increase dissemination channelsto increase awareness amongmigrant workers, especially womenin domestic service, on theavailable mechanisms for bringingcomplaints against employers andso that all abuses, includingill-treatment, be investigatedand punished;

d. Provide adequate assistancethrough embassy and consulatestaff abroad to migrant workersvictims of the “sponsorship” orkafalah system especially forwomen domestic workers and mostnotably in the Gulf countries andendeavour to negotiate a reformor review of such a system withthe relevant countries ofdestination.


Part IV. Other rights of migrant workersand members of their families who aredocumented or in a regular situation

(arts. 36-56)

33.The Committee is concerned about thefact that restrictions exist on theexercise of foreign migrant workerslawfully residing in the Philippines toengage directly or indirectly in tradeunion activities, as this right is onlyrecognized for those migrant workers whoare lawfully residing and working in thePhilippines if they are nationals of acountry which grants the same or similarrights to Filipino workers. The Committeeis concerned that holding the right tojoin and establish a trade union subjectto reciprocity is in violation of theConvention.

34.The Committee reiterates the 2008request by the ILO Committee of Expertson the Application of Conventions andRecommendations in relation to ILOConvention No. 87 concerning Freedom ofAssociation and Protection of the Rightto Organise that the State party take thenecessary measures, including legislativeamendments to sections 269 and 272(b) of


the Labour Code, to guarantee to allmigrant workers and members of theirfamilies lawfully residing within thePhilippines the right to join, form andto form part of the leadership of,associations and unions, in accordancewith article 40 of the Convention onMigrant Workers, as well as with ILOConvention No. 87, not subject toreciprocity.

35.The Committee appreciates that theFilipino migrant workers’ right toparticipate in democratic decision-makingprocesses is recognized under RA 8042.While also noting the efforts undertakenby the State party to facilitate theparticipation of migrant workers abroadin elections for President, Vice-President, Senators and Party-listrepresentatives, the Committee isconcerned that the pre-required“affidavit of Intent to Return to thePhilippines within 3 years” forimmigrants/permanent residents abroad maylimit the exercise of their right tovote. Further, the Committee is concernedat the very small percentage of Filipinoworkers abroad that have registered tovote in elections.


36.The Committee encourages the State partyto continue its efforts to:

a. Encourage Filipino workers abroadto register and participate inelections;

b. Maintain a register of overseasvoters and take additional stepsto facilitate the exercise ofvoting rights by Filipino migrantworkers residing abroad.

c. Invite the Philippine Congress toconsider the proposals to amendRA 9189 to delete the requirementof an “Affidavit of intent toreturn”.

37.The Committee appreciates the Stateparty’s efforts to enter into bilateralagreements with countries of destinationwith a view to promoting employment aswell as the welfare and rights of migrantworkers. However, the Committee isconcerned that the provisions containedin bilateral agreements so far concludeddo not sufficiently promote and protectthe fundamental human rights of migrants.


38.The Committee recommends that the Stateparty, to the extent possible,progressively mainstream relevant andappropriate provisions of the Conventioninto bilateral agreements.

Part VI. Promotion of sound, equitable,humane and lawful conditions in connectionwith international migration of workers andmembers of their families (arts. 64-71).

39.The Committee notes with interest thelabour migration policy implemented bythe State party, with the governmentplaying a supportive and regulatory role.The Committee further notes the effortstaken by the State party to strengthenthe Philippine Overseas Employment Agencyand the Department of Foreign Affairs’handling of irregular migration. At thesame time, the Committee is concernedabout the large numbers of Filipinoworkers overstaying their visas and thecontinuing existence of irregular andundocumented Filipino migrants abroad, ofwhich most are women serving as domesticworkers, who may be more vulnerable toabuses.


40.The Committee recommends that the Stateparty continue to provide assistance toirregular Filipino migrants in need ofprotection and to:

a. Step up its efforts to preventirregular migration of Filipinonationals

b. Continue its efforts to securecooperation agreements with hostcountries.

c. Encourage collaboration of itsconsular services and LabourAttachés abroad and the countrieswhich receive Filipino workers topromote sound, equitable, humaneand lawful conditions for migrantworkers.

41.While noting that the State party hasincreased the penalty for agencies withexorbitant placement fees, the Committeeexpresses concern at claims that privaterecruitment agencies continue toovercharge fees for their services andact as intermediaries for foreignrecruiters, which may in certain


instances, increase the vulnerability ofmigrants.

42.The Committee recommends that the Stateparty review the role of privaterecruitment agencies and endorses therecommendation of the Special Rapporteuron the human rights of migrants tostrengthen the existing government-regulated licensing system forrecruitment agencies, migrationregulation and control mechanisms.

43.The Committee notes with interestinformation given by the delegation onthe State party’s strategic reintegrationprogram for migrant workers returnees,including family members. Nevertheless,the Committee notes the lack ofinformation available to the Committee onthis program.

44.The Committee encourages the State partyto:

a. Work in partnerships with allrelevant partners to strengthenthe existing reintegrationprogram, especially with regardsto addressing brain drain anddeveloping knowledge transfer


initiatives or brain gainschemes.

b. Allocate sufficient budget toreintegration programs, and inparticular to the reintegrationcentre which opened in 2007.

c. Strengthen reintegrationprogrammes in order to ensuremigration gains and involvementof Filipino returnees in projectsthat can lead to job creation inthe State party.

d. Continue and strengthen skills,technical capacities andentrepreneurship trainings forpreparing an eventualreintegration into thePhilippines.

e. Adopt measures in accordance withthe principles of the Conventionin considering setting up localinstitutional mechanisms tofacilitate the voluntary returnof migrant workers and members oftheir families as well as theirdurable social and culturalreintegration.


45.The Committee expresses concern over thesituation of children and the negativeimpact on children whose parents havemigrated abroad. Information presentedbefore the Committee points to childrenwith at least one parent working overseasliving with loose family ties andperforming worse in school, notably incase of an absent mother. This is ofconcern to the Committee given that 50%of all Filipino migrant workers arewomen.

46.The Committee encourages the State partyto support a comprehensive study on thesituation of children of migrantfamilies, with the aim of developingadequate strategies to ensure theirprotection and the full enjoyment oftheir rights through, inter alia,community support programs, education andinformation campaigns and schoolprogrammes. The Committee encourages theState party to continue its collaborationwith NGOs in favour of these children andtheir mothers.

47.While noting the significant efforts ofthe State party such as the recentconvictions of traffickers and the “We


are not for sale” campaign, the Committeeis concerned about the significant numberof Filipino workers abroad who arevictims of trafficking. The Committeefurther regrets the very limited numberof cases of filing, prosecution, andconviction of perpetrators of traffickingwith many of those cases being dismissedat preliminary stages.

48.The Committee endorses therecommendations of the Committee on theElimination of All Forms ofDiscrimination against Women in thisregard and recommends the State party to:

a. Evaluate the phenomenon oftrafficking in persons andcompile systematic disaggregateddata with a view to bettercombating trafficking, especiallyof women and children.

b. Vigorously ensure effectiveenforcement of anti-traffickinglegislation and increase effortsto improve the record ofprosecutions, convictions, andpunishment for traffickers andpublic officials who profit from


or are involved in traffickingand bring perpetrators tojustice.

c. Strengthen the Anti-Illegalrecruitment campaign and provideadequate funding for theimplementation of the NationalStrategic Plan of Action againstTrafficking.

d. Continue collaboration with allrelevant partners to increaseadvocacy, information, educationand overall public awarenessactivities. Likewise, continueits ongoing early detection andprevention activities.

e. Coordinate and monitor theimplementation of laws regardingforced labour and slavery, andcontinue training programs inidentifying and providing thenecessary intervention andassistance to trafficked persons.Continue training of prosecutorsto make them fully aware of thenuances of anti-trafficking law.Similarly, continue partnerships


to increase technical capacitybuilding and training of lawenforcers, prosecutors andservice providers.

f. Continue partnership withnational and internationalrelevant partners, including NGOsto provide services to victims oftrafficking.

49.The Committee notes the large number ofgovernment departments and attachedagencies as well as legislation dedicatedto migration issues, including RA 8042,the Philippine Overseas EmploymentAdministration (POEA) and the OverseasWorkers’ Welfare Administration (OWWA).Nevertheless, the Committee is concernedthat institutional responsibilities arespread among different ministries withouta coordinating entity, their limitedmeans and capacity to fulfill theirmandate in a proper manner and littlecoordination in the effectiveimplementation of the promotion andprotection of the rights of migrantworkers.


50.The Committee recommends that, in orderto improve institutional capacity torespond to problems affecting migrantworkers, the State party simplify andstreamline the institutional structuredealing with migration issues andallocate sufficient resources, human andfinancial, for agents within thisstructure to carry out their workefficiently. Furthermore, the Committeerecommends that the State party guaranteebroader participation of civil societyNGOs

7. Follow-up and dissemination

Follow-up

51.The Committee requests the State partyto include in its second periodic reportdetailed information on measures taken tofollow up on the recommendations made inthese concluding observations. TheCommittee recommends that the State partytake all appropriate measures to ensurethat these recommendations areimplemented, including by transmittingthem for consideration and action to allrelevant national and local authorities.


52.The Committee encourages the State partyto involve civil society organizations inthe preparation of the State party’ssecond report.

Dissemination

53.The Committee likewise requests theState party to disseminate theseconcluding observations widely, includingto public agencies and the judiciary,non-governmental organizations and othermembers of civil society, and to takesteps to make them known to Filipinomigrants abroad and foreign migrantworkers residing or in transit in thePhilippines.

8. Next periodic report

54.The Committee invites the State party tosubmit its core document in accordancewith the requirements of the Common CoreDocument in the Harmonized Guidelines onReporting (HRI/MC/2006/3 and Corr.1).

55.The Committee notes that the Stateparty’s second periodic report is due on1 July 2009. In the circumstances, theCommittee requests the State party to


submit its second periodic report notlater than 1 May 2011.
