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.

A Bargaining Chip or Confirmed Labour Migration Policy

30.4.18

A ‘Bargaining Chip’ or Confirmed Labour Migration Policy?

Call for Clarity to End Confusion Regarding the Kuwait Deployment Ban

“The ban stays permanently. There will be no more recruitment for especially domestic helpers. No more,” Duterte told reporters on Sunday in Davao.

“I would like to address to their patriotism: come home. No matter how poor we are, we will survive. The economy is doing good and we are short of our workers,” he said.

The announcement made by President Duterte that the temporary ban on Filipinos going to work in Kuwait is now permanent has raised the anxieties of many migrant workers about their livelihoods, families and futures.

It has also focused attention on the Philippines labour market and whether it can realistically immediately provide decent employment with a living wage to the thousands of Filipinos that could potentially return - given 11 million Filipinos are in part-time jobs or unemployed. Additionally underemployment and in-work poverty make re-deployment with all the associated stress and expenses more likely.

President Duterte suggests people could be re-deployed to China, however there is no guarantee of any improvement in labour conditions there, especially as they do not have a domestic worker law - unlike Kuwait.  

However there is also confusion about whether this is: confirmed government policy or initial reaction or diplomatic bargaining in an attempt to secure the release of those arrested following their involvement in the controversial video ‘rescue’ of migrant workers in Kuwait or to facilitate the return of undocumented workers or to extract concessions from the Kuwait government for improved Filipino workers labour conditions or related to trade.

There have been contradictory statements regarding the “permanent” deployment ban such as:

Labour Secretary Silvestre Bello said there is no permanent deployment ban of Filipino workers to Kuwait, following the announcement of President Rodrigo Duterte for such. "The President never mentioned that the deployment ban has become permanent. That is not true. He never said that. What the President said is that the Philippines and Kuwait are good friends and are allies and he does not want the presence of our OFWs (overseas Filipino workers) there to cause an irritant in that relationship," Bello said in an interview with CNN Philippines Sunday.

As the Labor official added he will be meeting with Kuwaiti officials on May 7 to discuss the Memorandum of Understanding (MOU) with Foreign Affairs officials and Presidential Spokesperson Harry Roque.

Perhaps then the situation for workers will become clearer?

Until then the migrant workers struggle has just become harder faced with the uncertainty about what to do in the short-term (and future) and living with the tension in Kuwait.

Show Solidarity- Be an Ally ,in our Struggle!

International Women’s’ Day 2018

Show Solidarity - Be An Ally in Our Struggle!

Migrant workers are often spoken about and constructed in a variety of ways from “victim” and “runaway”-implies ownership (both mainly applied to women) to  “illegal violater absconder”– criminal to “OFW” and “Hero” by the Philippine state. Each one leads onto different treatment of migrant workers and shapes their behavior and ability to speak out and represent themselves on their rights and demand protection and justice.

On International Women’s’ Day, Kanlungan asked women migrant workers how would they describe themselves:

I'm like a bamboo - even how many typhoons I’m still trying to be strong, so that I will not fall. Sometimes you bow because of so much problems that you are facing constantly. Sometimes I will bend where the wind blows so that I will not be hurt again so much, then I will stand and be strong.

Facing problems is by giving time on how to possibly solve the problem and find solutions. This process is not only applicable to women migrant workers but to all is well. The only difference I think is that you have to make strong decisions as a migrant worker because you are away from home and good friends that always gives you advice regarding the problem that you are facing.

As a woman migrant worker I can describe myself as someone having positive actions in all the problems that I have encountered. Like by avoiding the young sir who was courting me - it is a violation of my right as an OFW.

As a woman migrant worker the hardest part to accept is I'm looking after someone's child while my own kids are hungry for my touch.

As a woman migrant I will describe myself as someone who will not leave the country again if there is job opportunities waiting for me in the Philippines.

I would describe myself as a strong woman because I left my child behind for his future and that's the painful part of being a mother.

I became strong in all the problems that I encountered as a woman migrant worker

As a woman migrant work it was not easy to adjust but in some way I can describe myself as BRAVE

As a woman with power  “ Woman Empowerment”.

Women migrant workers struggle is to be strong, brave and feel powerful in the everyday and in their lives must be recognized, celebrated and be the foundation upon which any interventions are designed to support them. ‘Protection’ for women migrant workers must not be built upon an asymmetrical power relation that undermines their strength.

The struggle for women migrant workers also includes working together with other migrant workers and their allies to fight to reduce the number of “sacrifices” and “problems” they face due to gender discrimination and inequality, exploitation, abuse, control and violence.

Many migrant workers show solidarity with other workers day to day, others have individually or organized as a group to call for their rights and justice, often by social media. These independent practices of mutual support and collective action should be recognized and supported.

We must continue to struggle for ALL migrant workers human and labour rights.

As “women’s rights are human rights”, this includes women migrant workers struggle against systemic discrimination, gender inequality and discriminatory gender norms and stereotypes that underlie certain practices, beliefs and behaviours. Subsequently when we speak of ‘protection’ for women migrant workers these rights must also be included.

There are competing claims to ‘protect’ women migrant workers – some are rights based, others are not – few include women’s rights.

Every time policies of protection for women migrant workers are suggested they must be scrutinized for: the rationale that lies behind, the type of power relations created, whether women migrant workers are central in their development and evaluation and the consequences to women’s and labour rights.

This is now more urgent globally as all migrant workers face increasing surveillance and mechanisms to control them – with some legitimized in the name of humanitarian ‘Protection’. This has added to the considerable risks and dangers facing migrants. ‘Protection’ must be grounded in solidarity with the migrant workers struggles.

Women migrant workers have a voice they just need to feel empowered to use it and people need to be encouraged to listen. More must be done to create sustainable space where women migrant workers can collectively bring their demands in person.

Women’s movements must be inclusive with diverse groups of women, including migrant workers representing and speaking for themselves. (Women can become powerful it doesn't need to include the domination of another) All women's work needs to be noticed and valued, not just those that are most visible.

Women migrant workers need to be recognized as political speaking beings, so they can assume positions of authority and influence in their own movement.

                  Celebrate as Women Migrant Workers

                        Who You Are and What You Do!

I am proud that I have seen my children, siblings, nieces and nephews finish their studies and also to provide things they need.

I'm proud to help families and relatives on the financial, you become more independent, strong and smart in making decisions.

I'm very proud to say that I am a strong woman, brave and show to my employers that I have a real principle as a migrant woman, that no one can break my positive decision in life.

I am proud that I was able to help my family and am proud of my profession.

I'm proud of being me. I'm proud that I am not only a woman, but a daughter, sister, mother to my children. But beyond all I've said I'm proud I am a father to my children. I'm proud of myself because for almost 6 years I learned how to become a man. Without asking anybody to support my children. I did it all by myself. I'm proud of myself when sometimes I look back at all the pain and hardship I surpassed. I'm proud I am strong enough.

As a mother I am proud that I have established my family and sent my children to school even though I am a solo parent.

I'm proud I was able to defend myself and help others as well.

I'm proud that I was able to establish and send my children to school. As a parent, education is the only thing they can inherit from me. I'm happy because my children are studying hard, even though how tired I am in my work, my sacrifices are with it.

I am proud because I was able to withstand being a mother and father to my children (to support their studies)

I am proud because in some ways I was able to go to another country at least I have learned a lot from the country where I was.

Women migrant workers strive to cope and develop themselves often in very difficult circumstances – whilst building many other peoples lives upon their shoulders.

                   Show these women the RESPECT they deserve!

Hands Off our Passports!!!

HANDS OFF OUR PASSPORTS!

25/.2/18

The Labour Undersecretary Ciriaco Lagunzad, is heading a delegation to Kuwait and other GCC countries to ensure “sufficient protection” for overseas workers against the background of the recent Filipino deaths and the subsequent deployment ban. He reported that President Duterte has ordered the team to ensure that the passports of Filipino workers are deposited with the Philippine embassy.

Filipino migrant workers strongly reject this proposal, especially the idea that it would mean they would be better protected in Kuwait (or elsewhere):

“They are our personal documents, they have no right to hold them.”

“ Nobody, even the employer, nor agency or embassy cannot hold it”

“That is wrong. The passport is not in their name, it’s in the migrants name”

“ What is the purpose then of us paying to make our passports?”

“ Its better that the owner should have it. This is important to us”

Legally their claim is supported by Article 9c, ILO Convention 189 on Decent Work for Domestic Workers (2011) – which has been ratified by the Philippines.

Each member state shall take measures to ensure that domestic workers are entitled to keep in their possession the travel and identity documents.

Practically, how could they send remittances? A passport is required as an identity document for the money transfer from abroad.

This proposal’s emphasis on labour regulation will not improve the protection of migrant workers rights, safety and welfare. Filipino migrant workers regularly express distrust and criticism of some embassy staff. Some report experiencing a culture of impunity despite the discrimination, corruption and/or coercive practices such as physical violence, psychological intimidation and verbal threats they have encountered. Thus enhancing the control and power these government officials have over them through holding their passports is unlikely to improve their situation.

“ It is not a secret to everyone that the embassy are incompetent”
“ They are easily bought with money. I do not agree they should hold them”

Some workers recall the horrendous abuse of power present in the ‘sex-for-flight’ abusive practice - women workers who sought help were subjected to systemic sexual exploitation and commodification by Philippine officials in GCC countries, in exchange for their repatriation flight home.

Migrant rights advocates have proposed many policies to improve migrant workers protection in this situation - few have ever been put into action.

As a worker states: “what they need to do is organise the system. It is the computer age already and yet they have not developed. They are the one holding the system and have all the information about us” to monitor our workplace conditions and improve protection.

Ultimately, workers situated in a position of inequality and immobility renders them at risk of exploitation, abuse and violence. A key component of protection for migrant workers should be to establish A SAFE AND LEGAL EXIT from exploitative and/or abusive workplaces.

Migrant workers should be active participants in the development of all policies that affect their lives.

Kanlungan Centre Foundation Inc.