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19The Establishment of Migrant Workers and Other Overseas Filipino Resource Centers under Migrant Workers and Overseas Filipinos Act of 1995,
A HEALTH POLICY CRITIQUE Arianne A. Zamora HPS 201: Fundamentals to Health Policy Studies October 19, 2013
Table of Contents
Abstract .................................................................................................................................................................. 1 Background ............................................................................................................................................................ 1 Rationale ............................................................................................................................................................. 1 Objectives ........................................................................................................................................................... 1 Methodology ......................................................................................................................................................... 2 Results and Discussion......................................................................................................................................... 2 Positionality ...................................................................................................................................................... 2 Context .............................................................................................................................................................. 2 Process & Actors ............................................................................................................................................... 3 Content .............................................................................................................................................................. 5 Policy Gaps and Issues ......................................................................................................................................... 6 Issues 1: On Information Dissemination and Trainings ............................................................................. 7 Issue 2: Registration of Undocumented Migrants ...................................................................................... 8 Issue 3: Personnel Deployed in FWRCs ....................................................................................................... 8 Recommendation ................................................................................................................................................. 9 Summary and Conclusion...................................................................................................................................10 References ............................................................................................................................................................10
Abstract
This health policy critique focuses on The Migrant Workers Act of 1995 and its amendment particularly Sec 19 which mandates the establishment of migrant workers and other overseas Filipino resource centers. This paper examines the context and content of the law aiming to identify policy gap and to provide recommendations for future policy development for the health and welfare of overseas Filipino workers all over the globe. This health policy critique was conducted through a review of secondary data coming from the findings of various studies, annual reports from different government agencies, news, policy documents, published articles and key informant interview of 2 OFWs.
Background
RATIONALE
Bagong Bayani In the latest Survey on Overseas Filipinos, there is an estimated 2.2 million OFW working abroad (Census, 2012). Two percent of the entire Filipino population may not look very significant but it is worth noting that almost 10% of the countrys Gross Domestic Product (GDP) comes from the money sent by OFWs to their families back in the Philippines. With our country in the fourth spot as the most remittance-dependent country, the role of migrant workers in the stability of our economy is undeniable. Because of their immense impact to our society, they have long been considered as the bagong bayani, or new heroes of our generation. Truly, the country has greatly benefitted from the sacrifices that they have made. But what do they get in return? Health is a right for all. The needs of Overseas Filipino Workers are not that different from local workers. In several aspects, they may even be at a greater disadvantage because of the different conditions to which these Filipino workers are exposed to. Because of the socio-cultural gaps between migrant workers and their host countries, OFWs are at an even bigger risk of being exploited, abused and neglected. Unfortunately, Issues regarding their basic rights to health and access to health services are often overshadowed by the usual legal and labor woes.
OBJECTIVES
This paper aims to deliver the following objectives: 1. 2. 3. 4. To describe the content, context and process related to the Migrant Workers Acts of 1995 particularly Sec 19 and its subsequent amendment. To identify the different actors and stakeholders of the said bill To determine the policy gaps and issues on certain provisions of the law particularly those related to health To provide recommendations in response to the identified gaps and challenges
The results and recommendation from this critique can contribute to the betterment of the migrant workers plight by looking at areas for improvement in the existing policy and its subsequent implementation. The health policy triangle by Walt and Gibson was used in constructing this policy critique.
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Methodology
For the purpose of making this health policy critique, the author made use of available resources online. Internet searches using keywords that are related to migrant workers were performed. Sources of such data were culled from various sites such as policy documents were found on the Official Gazette and the Senate website while pertinent facts and figures were culled from official government sites such as NSO, DOLE and POEA. Additionally, some of the literatures reviewed include news articles, open letter/ statements, research findings and published books found online. Two informal KIIs were also conducted via social network to gauge the OFWs awareness and knowledge of service offered by OFWRC and experience with the office if ever there was one.
CONTEXT
International Philippine Labor Migration: A History The phenomenon of international labor migration in the Philippines dates as far back as the Spanish times. This event was dubbed as the first Filipino Diaspora. Migrant workers mostly worked on Spanish galleon ships that travelled from the Philippines to other ports trading with the Spaniards. One notable destination was in Acapulco where Filipino migrants also worked in shipping dock. (Samonte, 2003)The main difference between migrant workers in this era and now is the fact that Filipinos were treated and labelled as slaves instead of free willing workers. The same phenomenon persisted with the succeeding centuries; however, it was during the American invasion that the second diaspora occurred. From the early 1900s, a significant number of Filipinos worked in different parts of the US such as Hawaii, Alaska and Oregon (Cordova, 1983). Until the signing of the Tydings-McDuffie Act, Filipinos were considered as nationals because the Philippines was still an American territory. After 1934, the number of Filipinos migrating to the US was limited to 50 per year and all Filipinos where then considered as alien. This event limited the number of migrants going to the US but it did not stop Filipino workers from migrating to other destinations such as other countries in Asia and in Europe. (Braziel, 2000) In the 1970s, under the Marcos rule, the major financial slump that befell the nation once again triggered the influx of migrant workers to different parts of the world. Coincidentally, the economy in Oil-rich nations such as Saudi Arabia and UAE flourished, increasing their need for manpower in various fields. Given the current economic climate, the Marcos administration considered these jobs overseas as a temporary means of addressing local unemployment and to ease the growing problems in our countrys economy. Despite the long history of international labor migrant in the country, it was not until 1974-- thru the Presidential Decree No. 442 (also known as the Labor Code) -- did the government officially introduce the first public policy on overseas employment. Initially, this law aimed to promote overseas employment and to protect Filipinos planning to work abroad by establishing a government-controlled deployment service. The Bureau of Employment Services (BES), the Overseas Employment
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Development Board (OEDB) and the National Seamen Board (NSB) were formed to meet and assist the attainment of this goal. However in 1977, this plan was abandoned in favor of the regulation of recruitment and manning services due in part t6o the exponential increase in the number of overseas employment contracts for the last 3 years. In 1982, POEA was created to subsume the function of these three bodies (Agunias, 2008). In 1995, the case, and later the execution, of Filipina domestic helper Flor Contemplacion in Singapore has sparked the Philippine publics outrage over the lack of sufficient support and protection given by the government to OFWs working overseas. This incident invariably exposed the Philippine governments lack of attention to the plight of Migrant workers not just in Singapore but in all other countries hosting OFWs (Gonzalez, 1998). Perhaps with such a sensitive and heated reaction of the public towards this incident, the Migrant Workers and Overseas Filipinos Act of 1995 was enacted (at an astonishing pace) to address the peoples clamor for a stronger protection of the OFWs welfare and their basic rights (Ofreneo, 2005) Migration by the Numbers A stronger agenda for local job creation and internal economic stability has always been included in past and current government administrations. However, these agenda may seem to be poorly executed considering that number of unemployed, coupled with the number OFWs deployed, continues to rise annually. With the number of OFWs deployed each year (reaching 1.8million in 2012 alone), it is not surprising that the remittances by OFWs has also reached a new high at $21.391 B for 2012 (Bangko Sentral ng Pilipinas, 2013). Although initially considered as a temporary solution to the economic slump in the previous decades, the increasing reliance of the economy to the remittances of the OFWs is just one of the few developments that contradict this notion. The common destination and distribution of OFW according to their occupation is alsoworth noting before delving further into the discussion of the policy. In the 2008-2012 Overseas Employment Statistics listed Saudi Arabia, UAE, Singapore, Hong Kong and Qatar, Kuwait, Taiwan, Malaysia, Italy and Bahrain as the top ten destinations of land-based new hires and rehires OFWs. When categorized based on major occupational groups, service workers (222,260 in 2012) and production workers (146,448 in 2012) had the biggest share of new hires for the past 4 years. It is also interesting to note that when the numbers are broken down to include all occupational category, household service workers(HSW) dominate the chart with 155,831 HSW were deployed compared to 15, 655 nurses-- which places second in the rankin 2012 (Philippine Overseas Employment Agency, 2013).
Events Flor Contemplacion was executed by hanging despite the personal plea of then President Fidel Ramos Creation of Presidential Fact-Finding and Policy Advisory Commission on the Protection of Overseas Filipinos in relation to the Flor
March 20 1995
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25,000 People attended her funeral. Congress convened for a special session Bill was approved by the congress; President Fidel Ramos signed the bill on the same day
Aside from the immense pressure by the public, the upcoming senatorial and local election (A Death in the Family, 1995) also played a part in the swift enactment of this law. The Gancayco Commission provided the grounds to which provisions in the bill are based. Some of the recommendation includes: the filing of charges to 10 officials of DFA and DOLE; halting the deployment of women migrant workers by the year 2000 to the countries of Saudi Arabia, United Arab Emirates, Kuwait, Bahrain, Oman and Qatar; putting a ban on allowing women entertainers, except musicians and artists, to travel for employment to Japan, Greece and Cyprus; and streamlining and reviewing recruitment procedures to monitor the number of workers seeking jobs abroad. Also, the consulates and immigration officers were told to provide maximum assistance to workers abroad and watch for illegal recruiters (Gonzalez, 1998). The passing of this bill has been lauded by many as a big step in strengthening policies for migrant workers. However, criticisms on this bill also stems from the perception that the main stakeholders, the migrant workers, were not properly consulted during the entire process. Even the final recommendations of the Commission were seen as sweeping statements since not all aspect of this issue was factored in given the short span of time in which the recommendation was made. There was no literature found that explains how and why sec 19 was included to the bill. However, it seems that this provision further supplement the entire bills objective to provide protection and assistance to the migrant workers while overseas. It is also worth noting that even before the original Migrant Workers Act of 1995, the Labor Code of 1974 already includes a provision that aimed to provide a similar yet less defined support for migrant workers during deployment. Key Actors of the Migration Policy
High President General Public Media, OFWs Advocacy groups International Organizations (IOM. ILO) INTEREST Mid Legislators Judiciary (SC)* Govt Offices (DOLE, DFA) Civic Society Academe, Research groups Low
High
POWER
Mid
Low
Presidents and the Executive Office Based on the acts on migrant workers, the executive office was able to exert a lot of its influence and power in the policy making process. In the Marcos era, the labor code was created under the strict rule of the government. Although the Migrant Workers Act of 1995 was created under a democratic government, the strong urging of then President Ramos would have been vital in enacting a new law for migrants in records time. It is curious to note that in the passing of the RA 10022 was allowed to simply lapse into a law instead of passing the bill through a formal signature coming from the former President Gloria Macapagal-Arroyo. Many suggests that the despite the lack of a formal seal of approval, the
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presidents endorsement of the law can be hinted by the administrations intention to to aggressively deploy Filipino expatriates tocode Green countries (AO no 247, Sec 3). The Public and the Media This group has played a vital role especially in the creation of the first Act. The intense reaction of the people. Fueled by the extensive media coverage, policymakers and major actors were left with no other choice but to react swiftly. Advocacy groups and Civil Society As decades passed, the different networks of migrant workers advocate soon grew in number. They were able to form organized network that serves well to voice out unresolved and emerging issues of the OFWs. Several advocacy group has also increased their power by participating in the lobbying of programs and provisions for the migrant workers. The academe for their part has made contribution through researches conducted on migrant workers. Often, they act as resource persons for both the government and non-government organizations International Organization Through Conventions, annual international reports and funded research, organizations like the International Labour Organization and the International Organization on Migration exerts an indirect influence among the country and our policymakers in making evidence-based decisions. In some cases, international agreements can serve to hold a countrys commitment to advocate for human rights for migrant workers in their country. Unfortunately, the power of such organization can be limited given that many receiving nations, like those in the Middle East, do not have a strong relationship or commitment with these groups.
CONTENT
As mentioned in previous parts of this paper, the policy critique focuses on sec 19 of RA. 8042 and its amended portion as stated by RA 10022. This section mandates the establishment of migrant workers and other overseas Filipino resource centers. On its implementing rules and regulation, the Overseas Filipino Workers Resource Center shall ideally be located within the Philippine Embassy or the Consulates premise. According to this provision, the Overseas Filipino Workers Resource Center shall offer the following: (a) counselling and legal services; (b) welfare assistance; (c) information, advisory programs, settlements, community networking services and activities for social interaction; (d) registration of undocumented workers; (e) implementation of POEA/OWWA programs; (f) human resource development; (g) gender sensitivity programs; (h) monitoring of OFWs situation, dispute conciliation between employer and employee (Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas: Section 18, 2010) Labor attaches, Foreign Service personnel, psychologists, social workers, Sharia or human rights lawyer, volunteers, public relations and legal officers are just some of the personnel that can be assigned to each Migrant Workers and other Overseas Filipinos Resource Centers. These centers shall operate roundthe-clock to accommodate the needs of the migrant workers. The Philippine overseas labor office, for its part, shall resume a coordination and supervisory role while reporting pertinent updates to the Chief of Mission. (Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas: Section 19-21, 2010)
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The funds for the implementation of this law shall be sourced from the General appropriations act; however, the salaries of the personnel shall come from the budget of the respective agencies. (Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas, Section 22, 2010) Implementation of the policy OWWA is present in 32 sites in 25 countries and territories. These centres are staffed by 118 personnel which includes 38 welfare officers and administrative staff from the Philippines and 72 local hires (Country Migration Report: The Philippines 2013, 2013) There had been some measures of success in the implementation Sec 19. In May 2013, POLO- Abu Dhabi reported a nine percent decrease in the number of OFWs who sought the help of the FWRC during the same period. They attributed this to the decrease in the incidence of report cases of (a) mistreatment, down from 112 to 79; (b) misunderstanding with the sponsor, 46 to 26; (c) delayed payment of salary, 26 to 25; (d) health or medical problem, 18 to 14; (e) false accusation, 65 to 34; (f) immigration-related problems, 34 to 14; (g) contract substitution, 22 to 11; (h) and personal or family problem, 11 to 9. (DOLE, 2013) In one of the assessments conducted by IOM on Migrant resource center, a matrix of good practices was created in an IOM report. The Philippines had a check-mark on all remittance and investment centers. However, the country also did poorly on training, and all services to empower migrants for protection such as information gathering on migration issues and outreach and information dissemination. (International Organization for Migration (IOM), 2010) Unfortunately, information dissemination of other services included in this section are not very well known to OFWs. One House Service Worker interviewed said that she is not aware of any other program by the Center aside from being a complaints center. Most skills training reported were directed to the skills enhancement in preparation for repatriation. Trainings offered in FWRC in include livelihood trainings such as massage training, agribusiness etc. (GMANews, 2013) (Santos, 2013). Trainings offered also vary according to the location. According to the 2011 Year End Report to the Congress of the POLO in Vancouver, Canada, OFWs are referred to other service providers (partner organization, NGOs, etc) since most OFWs who come to Canada are already highly skilled (Vancouver 2011 Year End Report to Congress, 2011). In other countries, some of the OFWs who do not attend the training felt that the trainings being provided are not useful Based on findings and current events issues, the implementation of this particular provision does not look too good. Last July, Sen. Grace Poe has submitted a resolution directing the senate committees to re-examine existing legislations on women due to the Sex for Flight scheme revealed by Rep. Walden Bello. Labor Sec. Baldos said that she will be appointing more females to staff shelters for distressed OFWs (Senate Press release). No significant data on implementation was gathered from other services. There are clearly some gaps in the implementation of services mainly due to the lack of resource and manpower to perform such duties. In the findings in the COWA final report noted that the acting ambassador himself feels that the POLO staff are overstretched and overworked. (The Condition of Overseas Filipino Workers inSaudi Arabia, 2011)
Positives
Inclusion of these services are lauded by
Negatives
(a) serves as a deterrent for some OFWs to seek help from the
Implementation
Yes but degree of service offered per center vary. (a) Legal service is the most common (b) PAOS is difficult to implement because
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(c) information, advisory programs, settlements, community networking services and activities for social interaction; (d) registration of undocumented workers; (e) implementation of POEA/OWWA programs; (f) human resource development; (g) gender sensitivity programs; (h) monitoring of OFWs situation, dispute conciliation between employer and employee Personnel
international NGOs.
lack of Time (Asis & Battistella, 2011) (Country Migration Report: The Philippines 2013, 2013) (c) Some finds the training to be unuseful (d) Poor, Basic data such as pending death penalty case are cannot be located during the COWA visit. OFWs view the embassy as pro-employer (The Condition of Overseas Filipino Workers inSaudi Arabia, 2011) Yes, but the numbers of staff vary. Issues on the quality of service.
Will incur more operation cost to be fully operational Varies depending on the Agency Budget
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Recommendation
The following are the recommendation made for the policy gaps and issues identified. 1. Include a provision strengthening and standardizing the data collected on each FWRC.
Keep and maintain an information system for migration as provided in Section 20 (SGISM) of the Act. While the current status of the implementation of the Shared Government Information System on Migration is still unclear, it would be most beneficial if the FWRCs themselves would already have a consolidated data which can be used to monitor the overall status of these Resource Centers. Information of OFWs must not only come from those who are currently in the system (registered voters, regular workers, etc). OFWs repatriated and service recipients must be included as well as those undocumented migrants. Given the One Country approach of foreign posts, the new policy must also identify a particular personnel/ agency in charge of the collection and maintenance of the data to avoid any confusion. Existing ICT can also be tapped to implement this provision and minimize cost. Issues addressed/ benefits: Assists or augments the SGISM, Data needs of Policy Makers, will provide a justification for the increase/ decrease in funds from GAA, Data can be used to implement the NEXT recommendations 2. Rationalize staff deployed in resource centers based on the needs of OFWs per region
The number of staff should be based on previous cases handled instead of the number of OFWs per area/ region. Expertise of staff must also be based on the previous cases handled. Example, if a particular area has a high number of abuse, the number of social workers can be increased. Academe and NGOs can also be tapped to enhance service delivery. Capacity building of personnel should also be included in the provision related to personnel deployed in the shelters. Issues Addressed/ Benefit: Mal-Allocation of Human resource in Foreign Post, Budget Issues, Maximizes existing resource including HR 3. Provide a mechanism for monitoring and evaluation and create a feedback system for the OFWs and FWRC Staff
Develop a standardized Monitoring and Evaluation tool for the FWRC. Through a resolution or an additional provision, adopt the use of the tool to be used by all FWRC which must be submitted periodically. All programs initiated/ implemented by FWRC such as trainings, missions, welfare assistance, etc, must also be assessed in terms of client satisfaction. The indicators of how well these FWRCs perform must also be well defined and relevant to the overall OFWs experience. Despite the provision mandating the creation of a committee for overseas workers affairs, it is important that monitoring and evaluation is made part of the inter-agency cooperation. The COWA report submitted last February 2013 does not seem to have any clear indicator on how such services are appraised. Also, missions such as these does not seem very efficient given that only some resource centers can be physically monitored by the committee. Issues Addressed/ Benefit:
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Information for M&E can be used in relation to the first recommendation, Standardized performance indicator of FWRC, Info/ feedback can be used to improve service such as the type of trainings provided, its quality etc.
Conclusion
Policies on and for Migrant Workers in the Philippines has always been a complex one because of several interlacing factors. Despite the bold statement of the law that the government does not promote overseas employment (RA. 8042, Sec 1,c, 1995) the lack of job opportunities in the country, the proactive government programs to explore overseas employment and the ineffectiveness of some proOFW provision seems to tell a different story. The establishment of overseas Filipino Workers Resource Centers is just one of the many policies within the Migrant Workers Act designed to protect the rights of OFWs. The intention of this policy is clear and good; however, just like sections of the Migrant Workers Act, most of the problems lie in the way that these provisions are being implemented. The services that were supposed to be given to the OFWs are ideal yet the mechanism through which these services can be satisfactorily delivered contain some obvious flaws. These mismatch can possibly cause disappointments on both the policy implementers and those who should benefit from the policy. The manner in which the services are delivered must be well planned. Additional provisions focused on capacity building for the personnel, and program monitoring and evaluation must also be considered for future policy developments. Despite the obvious gap between the intent of the policy and the prevailing trends in migration and the policy implementation, the growing interest of policy actors to further elevate the ways in which migrant workers are protected is clear signs of hope for OFWs, their family and the entire nation.
References
A Death in the Family. (1995, December 29). Asiaweek. Agunias, D. R. (2008, October). Managing Temporary Migration: Lessons from the Philippine Model. Insight: Programs on Migrants, Migration, and Development , 2-3. Retrieved from http://www.migrationpolicy.org/pubs/Insight_POEA_Oct07.pdf Asis, M. M., & Battistella, G. (2011). Protecting Filipino Transnational Domestic Workers: Government Regulation and their Outcomes. PIDS Discussion Paper Series. Bangko Sentral ng Pilipinas. (2013). Overseas Filipinos' Cash Remittances. Retrieved from Economic and Financial Statistics: http://www.bsp.gov.ph/statistics/efs_ext3.asp Braziel, J. E. (2000). History of Migration and Immigration Laws in the United States. Retrieved from http://www.umass.edu/complit/aclanet/USMigrat.html Commission On Audit. (2007). Retrieved from Sectoral Performance Audit Report on the Overseas Workers' Welfare Program of the Government: http://www.coa.gov.ph/GWSPA/2007/OWWP.asp Cordova, F. (1983). Filipinos: Forgotten Asian Americans. Dubuque, IA: Kendall/Hunt. . Country Migration Report: The Philippines 2013. (2013). Country Migration Report: The Philippines 2013. Makati City, Philippines: International Organization for Migration.
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DOLE. (2013, May 28). POLO-Abu Dhabi reports lower number of aggrieved OFWs at FWRC. Retrieved October 10, 2013, from Department of Labor and Employment: http://www.dole.gov.ph/ro_polo_updates/view/470 Executive Order No. 231. (1995, March 20). Retrieved from Philippine Commission on Women: http://www.pcw.gov.ph/law/executive-order-no-231 GMANews. (2013). OFWs stranded in Saudi to get livelihood training. GMA News. Gonzalez, J. L. (1998). Philippine Labour Migration: Critical Dimensions of Public Policy. Singapore: Institute of Southeast Asian Studies. International Organization for Migration (IOM). (2010). Migrant Resource Centres: An Initial Assessment. Geneva: International Organization for Migration. Migrant Forum in Asia. (January, 2011). LABOUR RECRUITMENT TO THE UAE Gaps between policy and practice in Sri Lanka, Nepal, Bangladesh, and the Philippines. Ofreneo, R. E. (2005). Empowering Filipino Migrant Workers:. Geneva: International Labour Organization. Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas. (2010, July 8). Retrieved from http://www.poea.gov.ph/: http://www.poea.gov.ph/rules/omnibus%20irr_ra10022.pdf Philippine Overseas Employment Agency. (2013). 2008-2012 Overseas Employment Statistics. Retrieved from http://www.poea.gov.ph/stats/2012_stats.pdf Samonte, E. L. (2003). Filipino International Migration: A Continuing Saga. In . P. Leonore Loeb Adler, Migration: Immigration and Emigration in International Perspective (pp. 251-264). US: Praeger Publishers. Santos, T. G. (2013). Returning OFWs urged to pursue agribusiness. Philippine Daily Inquirer. The Condition of Overseas Filipino Workers inSaudi Arabia. (2011, January 9-11). Retrieved October 10, 2013, from http://focusweb.org/sites/www.focusweb.org/files/COWA_report_Saudi.pdf (2011). Vancouver 2011 Year End Report to Congress. Vancouver.
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