Kanlungan Statement on the COVID 19

 

Kanlungan statement on the covid 19

 

Kanlunugan Centre Foundation Inc. is one with all migrant workers and their families in this national, and global medical emergency. Migrant workers are risking their personal safety to feed their families, and in the process, producing remittances that help keep the Philippine economy afloat.

We are also expressing our gratitude to our health workers, our front liners who are braving all personal risks, to help provide the necessary services to those already affected by the corona virus disease (COVID-19).

The enhanced community quarantine, essentially a national lockdown, will further result in more economic displacements for daily wage earners, informal workers, and the urban poor, who have no safety nets. While the necessity of the quarantine is acknowledged, which came a little bit late actually, the reality is that millions of Filipinos have to earn their livelihood, on a daily basis. Isang-kahig, isang-tuka, so goes a local song.

It is therefore incumbent that the government release all available means of funds, to help cushion the economic impact of the quarantine to the daily survival of the more at risks citizens. The 2020 national budget contains pork barrel, which the lawmakers are “earmarking” for their special projects. Instead of thinking for the next general election in 2022, legislators and the executive branch should release this fund to help with the current emergency. The several billion pesos worth of intelligence fund could also be utilized to help in this emergency.

Many migrant workers are now sending emergency remittances to their respective families here in the Philippines, to allow them to buy basic necessities. This can be observed by recent long lines in money transfers business branches. These remittances will have the expected multiplier effect, a portion of it will provide for the immediate families, while some portion can be loaned out to others who are in great need, for their respective families. And yet, these OFWs themselves are facing uncertainty and displacement in their host countries, as the economic fallout is being felt anywhere in the world, except perhaps in very few countries.

Hence, we are calling the government to urgently act and provide immediate relief and assistance to our migrant workers:

1. All migrant workers regardless of status should be provided with medical and health care. As stated under the migrant workers act Section 19, the state is mandated to provide A) Counseling and legal services, and B), Welfare assistance including procurement of medical and hospitalization services.

2. Ensure that labour rights are protected and wages are not withheld by their employers, and their travel documents and passport should be in their possession.

3. If the migrant workers wish to be repatriated, all necessary assistance should be extended by the government.

4.Welfare services should be available at all times. Consular offices, missions, embassies should device mechanisms to ensure that assistance is available and accessible. A 24/7 hotline should be available to OFWs.

5.This is also a call to the entire migrant community, to work together in this extraordinary time, ensure that the rights of everybody is protected. Let us help in popularizing the culture of migrant workers-helping-other migrant workers, regardless of status, race, religion, and political beliefs. The culture of mutual cooperation, solidarity, caring for the needy and other humanitarian acts will surely help us all in this global emergency.

6. We are also calling upon the national government to provide all necessary services to all returning migrants regardless of status, land based or sea based. Governments should provide the necessary welfare, health, psycho-social intervention and legal services, including repatriation and reintegration of all migrants.

We cannot underscore enough that migrant rights are human rights, and these principles do not take a backseat even during emergencies, but should be respected even more.

 

 

Begging for Food in Pandemic

Begging for Food in a Pandemic

Time for Governments to Take Responsibility For Migrant Workers Basic Social Protection.

 7.5.20

 Here we go again – a downturn in the economy and the economic burden is immediately transferred to many low-wage migrant workers in the Gulf countries – through termination of contracts, unpaid leave and unpaid wages and end-of service benefits and sometimes forced labour – where workers who are strandedor prevented by employers or government actions from being repatriated are made to work without wages.

 Kanlungan has reported over the years on the limited implementation ofcore labour standards, including during economic downturns – such as in August 2016 in the report Thousands of Distressed Migrant Workers Stranded in Saudi Arabia– when there was a massive retrenchment of tens of thousands of migrant workers by companies in Saudi Arabia who were repatriated home with many never receivingtheir outstanding wages and end-of-service benefits (EOSB), which should be immediately payable on termination of employment.The EOSB is important as it is accrued over several years of work it represents a substantial amount and acts like a pension.

 Despite the presence of so-called wage protection systems and hollow claims of corporate responsibility initiatives these labour violations are happening again during the global health crisis, withnegative psychological impacts (including suicides)for many workers facing also the loss of livelihood.These labour violations should never be normalized – Governments must act to ensure workers receive what money is due to them, especially as access to justice is even more limited by possible court and tribunal closures and likely backlog post-pandemic - when workers and their families need money now.

 Companies should prioritise the payment of wages and benefits as a privileged debt before paying ordinary creditors. Outstanding wages and end-of service benefits must be protected from arbitrary deductions contrary to the workers contract under national law. Swift payment of outstanding wages and EOSB should be directly to the migrant worker concerned and prior to repatriation.

 A temporary inclusion in financial public relief measures should be urgently considered. No workers should be asked to sign waivers that they will make no more claims against the employer or recruitment agency in exchange for: relief assistance or so that they can be repatriated. Low-wage migrant workers are disproportionately affected by the health, social and economic impact of COVID-19 pandemic. A compassionate just response is required.

 Migrant workers who still have employers are supposed to be provided with minimal humane health standards of food and accommodation in the public health crisis. Historically food was not uniformly provided when wages stop – leaving migrant workers in an arbitrary game of survival based on who has a decent employer that fulfills their rights or relying on random charity from other migrants, their own strategies or the government of their country of origin.

 During the COVID-19 pandemic this continues to be the case – with workers going hungry without wages or having their dignity undermined by begging for food that rightly should be provided. Undocumented workers who live precariously often on daily wages are at greater risk having even less possibility of basic food assistance without an official employer. This lack of basic food safety exacerbated by the pandemic has its roots in the Kafala sponsorship system that fosters conditions for the exploitation and abuse of migrant workers.

 The need to call urgently for food security for migrant workers during a pandemic is truly appalling. Access to healthy adequate foodis even more important when immune systems must be strengthened to help the body potentially respond to COVID-19. Governments in the countries where they work must be migrant inclusive in their social protection – especially given the greater obstacles to: migrants’ usual survival strategies, delivering assistance and monitoring of safety during a public health crisis with quarantine measures. In a pandemic when most countries are affected, surely each country must do more to care for all people living in their country. Stop abdicating this responsibility by outsourcing the basic human right to food to employers without any oversight to ensure its implementation.Act now to protect migrant workers health and ensure no one goes hungry in your country.

 

Paalam - Saying Goodbye

 

Paalam - Saying Goodbye

 Numbers often represent death during the COVID-19 pandemic.

Transparent verifiable disaggregated public health data (including deaths) -inclusive of methodology - is of coursevery important for the ongoing pandemic response and for building healthy and safe societies - including workplaces.

 Listening tohuman storiesmatters too– how people are experiencing and coping withfears of contracting COVID-19, being ill, being hospitalized, in recovery, dealing with medical bills and economic insecurity,in quarantine, providing care or sadly losing someone important to them.

 When a loved one dies apart from you at a distance, it may impact how you grieve that loss. During the pandemic many people have been unable to visit family members before they passed away in hospitals and care homes or attend in-personfunerals and religious gatherings due to quarantines, medical isolation, hospitalization and travel restrictions.

 Families of migrant workers who die overseas and workers, who are unable to return from abroad - share this painful reality.Though being in a different country can present additional difficulties – including the repatriation of remains. This can be particularly stressfulwhen the family wants to respect the explicit wishes of the deceased: Ipangako mo sa akin na luuwi mo Ang asking bangkay sa Pilipinas (Promise me that you are going to bring back my body in the Philippines).

 Bereavement rituals are important – they can be formal like funerals or memorial services or personal – creating your own.When rituals are done to commemorate a loss, they honor both the person who is doing them and the person they’ve lost. The absence of these rites can cause stress.Rituals can be comforting, facilitate the expression of feelings and help us begin to integrate the loss into our lives. As actions they symbolically connect us to something meaningful – that could becan be as ‘act of love’, a way to say goodbye, tied to religious beliefs, a chance to acknowledge, value and respect that person’s life - Dignity in death (and life) matters.

Families of Filipino migrant workers are asking for acknowledgement and understanding of the depth of feeling about their loss.They want practical help and support from governments, health officials,employers and recruitment companies to repatriate the remains of their loved ones back home.

As a group they do not accept that they are “asking the impossible” – they look for positive actions from governments – health and science officials and employers:to be heard with compassion and for a commitment to work together with them to navigate the best possible way to ‘lay to rest’ their daughter, son, mother, father, wife, husband, sister or brother – relative.

 

The families’ determination to bring their deceased family members home is not marked by denial of the challenges this entails during a global public health crisis.They are pragmatic and willing to be patient given the scale of deaths and the extent of the current governmental challenges to respond to the pandemic. The families’ expectations are in line with the continued experience of repatriation of deceased Filipino migrant workers. They are aware there exists established protocols that must be met for safely and sensitively handling and transporting the body of a person who died of an infectious disease, such as COVID-19.

Emotionally sensitive communication that offers clarification and updated information is important to them. A central liaison person/ group would be helpful so they do not have to be sent back and forth between departments/individuals – this is already an exhausting time for them. The families’ wish to be informed andinvolved in any decisions about the remains of their deceased family member, so they can make thebest possible decision under the circumstances.

Nothing can make up for the tragic loss of a loved one – though the families strongly appeal to the governments and people of the countries where their family members lived and contributed - as part of the community - to work hard to do everything possible to provide all necessary assistance to support their wishes.The families look for a humane touch indealing with their loved one -to care about how it impacts their lives -to stand with them in their despair-to help them heal.

The families of Filipino overseas workers, despite the unusual obstacles presented by the pandemic have found a way to come together to: urge governments to act, to listen, share memories and support one another with death. In doing so they have already confirmed to the person they lost that they mattered deeply, are missed and loved.

 

 

Kanlungan offers its deepest sympathy to the families who are grieving

Kanlungan Statement on the issue of threat of deprtation of OFW in Taiwan

 

Kanlungan  Statement  on the  issue  of threat  of  deportation of OFW  in Taiwan:

 In the time that covid 19 pandemic  is ravaging our lives and many migrants are losing their jobs, the quick reaction to deport a migrant worker without due process contradicts the constitutional guarantee of  protection of labour and the right to be heard.

 We urged the DOLE to observe processes regarding the incident involving a post of a caregiver in social media  in Taiwan criticizing the Duterte Administration.

The swift declaration and threat of deportation for  criticizing President Duterte and his administration is violation of  free speech that is guaranteed  by our  1987 Constitution , Article 3 Section 4 of the Bill rights states  that;

 No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

The rights to free speech  and  airing  legitimate  grievances should   be  respected and uphold specially  by the state and  all its  instrumentalities  at all times.

We hope that the intention of  DOLE is to observe laws and rules rather than crack down dissenters and critics of the government.

 Finally Kanlungan encourages the DOLE to foster a healthy platform wherein workers can raise their grievances without fear of reprisal and retaliation.

 

 

 

 

 

 

 

 

 

 

 

Kanlungan on the Proposed OFW Department

 

Kanlungan on the  Proposed OFW  Department

 

We are sharing with you the initial thoughts of Kanlungan with regard to the proposed OFW department

1) Given an existing legal framework, will the creation of a new department necessitate the amendment of all the necessary provisions affected by the creation of the new department. What provisions of these laws will need to be amended, and how long will it take Congress to do so? Some of these laws are: a) The Labor Code of the Philippines, with provisions on overseas employment; b) The Migrant Workers and Overseas Filipinos Act (RA 8042), and An Act Amending RA 8042 (RA 10022) c) The POEA Rules and Regulations Governing the Recruitment and Employment of Land-Based OFWs (2016); d) The POEA Rules and Regulations Governing the Overseas Recruitment and Employment of Sea-Based Workers (2016); e) The 2016 Overseas Workers Welfare Administration Act (RA10801); g) The Anti-Trafficking Law (RA 9208 as amended by RA 10364)

2) The linkage with development agencies, in particular with the National Economic and Development Authority (NEDA), is not articulated in the bill.

NEDA itself has pointed out that that Philippine Plan (PDP) 2017-2022 has a clear and particular focus on overseas Filipinos. The drafting of the PDP has included the creation of a planning committee on international migration and development, to ensure that the concerns of the OFs during the full cycle of migration are taken into account.

3) Will undercut the Country-Team approach, which confers to the ambassador, and therefore to the DFA, the leadership in the protection of Filipinos overseas, because the bill assigns to the proposed department the task of establishing and implementing the Philippines’ migration policy.

The proposed department undermines the tested and functional “one country team approach” already institutionalized in Philippine embassies and consulates abroad. As it would have overarching powers in matters concerning overseas Filipinos vis-à-vis other governments, it would tend to give the Philippine Government another “face” or “voice” overseas which could easily be a cause for ambiguity and confusion regarding overseas Filipinos in other countries. (CFO, n/d)

4) What will be the role of the proposed Department in relation to conducting/negotiating for bilateral and multilateral agreements and representing the Philippines in regional and international dialogue and conditions?

The absence/separation of this function (based on the current draft of the consolidated bills) from the DMD and away from the Department of Foreign Affairs is one of the reasons why some M & D advocates are against the DMD. (Migration and Development Initiative, 2017)

5) How will the new Department position the non-migrant-focused agencies that have been mandated to take on issues of migrants, such as TESDA, NLRC, PCW, LGUs, DFA Passport, DFA OCA, Comelec OFOV, DFA OVS, DSWD, DepEd, CHED, DOJ, and the BI.

The bill does not factor in the migrants concerns in the allocation of material and human resources to these agencies for the development of programs and services responsive to the migrants and their families and in terms of adequate orientation and training on the complexities of migration.

6) The way forward is not to increase bureaucracy and to impose a one-size-fits-all approach, but to reduce and simplify the bureaucracy.

Creating a new department is just adding another layer of bureaucracy and as proposed, is not addressing any real gaps in migration governance. There are adequate institutional mechanisms as provided for under the existing laws to address all migration-related concerns that just need proper implementation and streamlining without the necessity of creating a new department.

7) Centralization might not work considering the very different but complementary functions of the existing agencies serving migrants’ needs.

Creating a new department might in fact be inefficient and also wasteful, due to unnecessary centralization, considering that policies and programs that serve the interests of overseas Filipinos belong to technically diverse functional areas, services and agencies. Moving toward policy coordination and coherence among different agencies, rather than a structural overhaul will most likely be more efficient and effective.

8. The focus of the bill seems to be on land  based OFWs.
The Filipinos diaspora is larger and more diverse than just the overseas workers.
More than half of the overseas Filipino population are not OFWs, but are permanent migrants or legal permanent residents or immigrants in the countries where they live, or are spouses of foreign nationals residing abroad, or natural born Filipinos who have acquired another citizenship, as well as descendants of overseas Filipinos. These nuances are not recognized in the proposed bills.

9) The merging of several offices implies massive administrative and logistical requirements, and a lengthy process.

The powers and functions of the proposed Department are already being undertaken by the DOLE through POEA and OWWA, Department of Foreign Affairs (DFA) through OUMWA, Department of Social Welfare and Development (DSWD) through the Social Welfare Attache Office (SWATO) and the Commission on Overseas Filipinos (CFO). These agencies regularly coordinate with each other to facilitate the delivery of more responsive services for OFWs. Further, offices like foreign affairs and labor exercise unique and distinct roles and authorities which cannot be combined from the standpoint of mixing regulations, development and authorities to negotiate with counterparts abroad.

10) The fiscal requirements of creating a new Department are prohibitive.

A ballpark estimate of P580 million is required for personnel services, using as basis the proposed organization and staffing structure in the Bill… Correspondingly, additional funds for the maintenance and other operating expenses and capital outlays are also mandatory. (DOLE, 2017)

11) The creation of a new Department is at odds with the Right-Sizing Bill or streamlining of the Executive Branch, which has been identified as among the legislative priorities of the President. (DSWD, 2017)

During the coordination meeting called by Sec Adelino Sitoy of the Presidential Legislative Liaison Office on Sept 9, 2016, Sec Benjamin Diokno stated that prior to discussions on legislative measures that seek to create new agencies and offices (with the exception of the proposed Department of Housing), the DBM will push first for a ‘right-sizing bill’ to reorganize the bureaucracy. He made the same statement during the Development Budget Coordination Committee (DBCC) hearing at the Senate on August 31, 2016. (CFO, n/d)

 

STOP ENDANGERING MIGRANT WORKERS HEALTH AND LIVES

1.5.20

STOP ENDANGERING MIGRANT WORKERS HEALTH AND LIVES

By now most of the world living with the pandemic is familiar with the concept of physical distancing as a key intervention to prevent the spread of the highly infectious virus and deadlyCOVID-19 disease.

People can catch COVID-19 if they breathe in droplets from a person with COVID-19 who coughs out or exhales droplets. This is why it is important to stay more than 1 meter (3 feet) away from a person who is sick - World Health Organisation (WHO).

Despite this there are numerous pictures of low-wage migrant workers being rounded up in immigration raids or crammed into transport, queues, accommodation or detention  - at dangerous risk to their health and others.

The dangerous politics of immigration control and social exclusion are laid bare. States have produced the context where migrant workers are rendered vulnerable.

There appears to be little effort by some authorities to even attempt to safeguard these workers by introducing physical distancing (including by reducing numbers of people) to minimize the person – person transmission of highly infectious COVID-19.This callous attitude and discriminatory action towards their health, safety and lives is truly a low point for everyone in these societies.

Many low-wage migrant workers are anxious about becoming unwell, especially because they fear for their future economic security in the global recession.

All tools to reduce disease transmission must be employed to keep migrant workers safe including: urgent provision of quality accessible health information about how to stay safe and protect others, a sanitary environment, provision of free soap for frequent handwashing to prevent the spread of the disease; sufficient healthy food to boost their immune system; access to free voluntary COVID-19 tests and treatment. (Healthcare should have a firewall from immigration authorities).Physical distancing must not be neglected in the response.

During the global spread of a disease, a pandemic – governments are obligated to ensure the protection of human health and the fundamental right to human life.

Governments that are negligent in their duty to protect migrant workers health and dignity must be condemned. Stop the xenophobic scapegoating of migrant workers to deflect from government lapses in pandemic responses. Stop the technocratic obsession over COVID-19 statistics when politically motivated by a nationalist competition with other countries. Behind the numbers are the lives of people and their families – concentrate on that during the public health crisis.

States obligations under the fundamental right to health extend to all inhabitants and are not limited to citizens and residents. Migrant workers deserve and have a right to be fully included and protected in national pandemic preparation plans and responses.

An effective and just public health crisis response should be compassionate, guarantee health, safety and dignity for all and save lives.

Time for Transformation

Time for Transformation

5.6.18

The sight of a populist President coercing a migrant woman to ‘kiss’ him in South Korea has caused outrage by many and confusion amongst others.

Obviously this scenario represents a cumulative effect of many political, economic, social and cultural issues in the Philippines.

Populist leaders multiple ‘performances’ are known to act as a distraction from failures to deliver on policies – something not new to Philippine politics.
The positive impact of the ‘performance’ was enriched by many things; including celebrity culture, the overvaluing of male attention by some women and the desire to seek alignment with the powerful in a hierarchical society where the realization of rights is largely absent.

This performance was not solely for the audience, being also ‘dog-whistle’ politics to other misogynist and sexist men including those in South Korea and the Philippines. A President behaving this way sends a message that women have unequal political status and men can take advantage of pervasive sexual inequalities. Progressive men hopefully will push the debate to challenge gender inequality, any dominant gender ideologies that validate powerful violent male stereotypes and also challenge benevolent chaunivism. This would lay the foundations for women’s safety and the conditions for a different type of leader (including a woman on her own merit) to be elected.

The Women’s movement watching in horror will no doubt continue to challenge the patriarchy and gender stereotypes and the traditional Catholic Church, which blocks desperately needed sex education for healthy intimate relationships. In the void the template for sexual relations is filled by commercial mainstream pornography that feeds male entitlement to women’s bodies and a subversient position for women, undermining positive relationships. Consciousness-raising about rape culture and about the reality of female powerlessness associated with conforming to a stereotype appearance for the male gaze, could also contribute to change.

Finally the issue of the migrant audience: Political performance and emotional nationalist rhetoric by successive Philippine governments has a long history in perpetuating the labour migration regime with its essential flow of remittances for the Philippine economy.

The patriarchal nature of the labour migration regime is also well known.

The sensationally named “sex-for-flight” scandal in 2013 revealed an abhorrent systemic exploitation and commodification of women's bodies. Government officials abused female migrant workers during their stay in Philippine Embassy shelters in several countries in the Middle East. Serious allegations included: sexual harassment, abuse of power by demanding sexual favours to facilitate repatriation, rape and systematic coercion of numerous women to perform sexual acts for money, which was reported to be pocketed by corrupt POLO-OWWA personnel. What made this particularly horrific was that these were distressed women who had fled exploitative and abusive workplaces. Systemic and cultural change to protect migrant women workers did not follow this appalling revelation - neither did legal justice. It failed to send the message that the violation of migrant women's rights is unacceptable. It also emboldened the message that sexual abusers of women can practice with impunity.

The recent blatant visibility of this represented by the current President’s coerced ‘kiss’ symbolizes a backlash to the challenge posed to the continuation of the current labour migration regime, as calls grow louder to overhaul it to reflect women’s migrant rights. The performance of a man coercing a migrant woman sexually in a situation where he holds power as the President (and condones violence) is abhorrent. It sends a permissive message to other men, including employers to engage in gender-based violence against Filipino migrant women. It also risks promoting and reinforcing negative sexual stereotypes about Filipino entertainers. Significantly, it raises serious concern that the patriarchal labour migration regime is ‘selling’ more than women’s labour.

Oras na para sa Transpormasyon: The response must be comprehensive - It must include strengthening the call for a rights-based labour migration regime.