Initial Recommendations of
Civil Society and OFW Advocates to the Senate Blue Ribbon and Labor committees,
the Department of Foreign Affairs and the Department of Labor and Employment,
from civil society groups and individual OFW advocates regarding complaints
versus overseas personnel:
Background:
Prior to the convening of a series of hearings in the Senate on the
alleged sex-for-flight complaints against certain labor officials, a group of
OFW advocates belonging to various organizations sought civil society’s
involvement in the investigative panel. This suggestion was politely declined
by the DFA, while the DoLE through the Office of the Secretary failed to even
acknowledge our letter.
Despite this initial setback, our collective call for reforms in the
delivery of onsite protective and welfare services to our OFWs continues. Our
group is composed of the following:
Philippine Migrant Rights Watch (PMRW) led by Ms. Carmelita Nuqui
Blas F. Ople Policy Center led by Ms. Susan V. Ople
Filipino Migrant Workers’ Group (FMWG) led by Mr. Jun Aguilar
Pinoy Expats/OFW Blog Awards (PEBA) led by Mr. Kenji Solis
LBS Recruitment Solutions (LBS) led by Mr. Lito Soriano
KAMPI and Kabalikat ng OFWs led by Mr. Luther Calderon
Our recommendations are the following:
1. To Prevent Ticket
Anomalies:
o
Proper orientation of OFWs
particularly to those in Bahay Kalinga shelters re government procedures in the
availment of air tickets for distressed OFWs;
o
All departing OFWs must have a
full briefing on the coverage of their mandatory insurance policies as paid for
by the recruitment agencies;
o
The POEA and Insurance
Commission must ensure that all departing OFWs have a copy of their insurance
policy as paid for by their recruitment agency and that such policy should be
in the OFW’s name; there should be a dedicated hotline that these workers can
call in case such information/copy of policy was not given;
2. For the Empowerment of
OFWs especially Household Workers:
o
Stiffer penalties for PDOS
providers and recruitment agencies that encourage and even facilitate
non-appearance of departing OFWs, by issuing bogus certificates of attendance.
o
All personnel to be assigned
overseas particularly in countries with a high concentration of Filipino
domestic workers must undergo gender sensitivity classes, learn basic
counseling skills, and victims’ assistance training geared specifically towards
promoting the rights and welfare of abused women particularly those engaged in
domestic work and/or victims of human trafficking;
o
All rape and sexual harassment
cases involving domestic workers must be immediately
reported by the POLO to the Head of Post and Assistance-to-Nationals Unit and
vice-versa, with regular case conferences to be convened until such cases are
deemed resolved; moreso if such cases involve an embassy staff regardless of
which agency/department he or she came from.
o
That the entire Section 40
covering Repatriation Procedures as contained in Administrative Order No. 168
Series of 2013 on the Manual of Operations, Polices and Guidelines for the POLO
be included in the PDOS and all other related seminars for OFWs conducted by
DOLE and its attached agencies.
o
That a special PDOS for
overseas personnel including ambassadors due for posting in the Middle East and
other countries with a high number of welfare cases be developed and conducted
to include topics about sexual harassment, gender sensitivity, and other
women’s concerns.
3. To Promote Accountability
and Transparency at Posts:
o
Amend Administrative Order No.
168 Series of 2013 on the Manual of Operations, Policies and Guidelines for the
Philippine Overseas Labor Office (POLO) to reflect the following:
a.
Under Section 5 entitled “One
Country Team Approach”, we recommend that the last paragraph be amended to
read: “In cases involving criminal and/or police matters and procedures, the
POLO shall render assistance at the initial contact with the concerned worker
but it shall immediately endorse
such cases to the Assistance to Nationals (ATN) section of the Philippine
Embassy/Consulate.
b.
That POLOs must include in
their monthly report on MWOFRC any complaints emanating from its wards against
any embassy personnel and actions taken by the POLOs to report such complaints
to the head of post;
o
That the DFA, DoLE and DSWD
come up with a joint mechanism onsite and here at home to promote better
coordination in handling sensitive cases involving trafficked women, abused
domestic workers, and sexual harassment complaints involving embassy personnel;
such mechanisms could include regular case conferences, information sharing,
and well-coordinated reintegration services for said victims.
o
That all local hires be
carefully screened and evaluated on the basis of performance at work and
behavior towards overseas Filipino workers; that a common criteria for hiring be
adopted by all agencies concerned, alongside a unified compensation package as
set by the Department of Foreign Affairs.
o
Inter-agency accounting and
reporting of tickets bought, sent, and used as part of repatriation efforts
with a unified report to be submitted as part of the requirements of the
oversight congressional committees;
o The DFA and DOLE to
jointly come up with Performance Standards, which may include benchmarks on
time periods required to resolve cases or complaints or come up with
appropriate actions.
o Institute a
feedback and exit evaluation mechanism in government shelters in order to
solicit and document OFWs' experience in the shelters and their recommendations
for improvements
4. Reforms Through
Legislative-Executive Actions:
o
Increase the number of
personnel in so-called “hardship posts” to narrow the gap between embassy staff
and clientele particularly in the Middle East; also, review where the funds
saved due to the closure of 10 foreign posts went considering the lack of
dramatic increase in the number of personnel serving our OFWs in the Middle
East.
o
Ensure availability of funds in
the 2014 GAA to operationalize the provisions of the law on the assignment of
pyshcologists, social workers, and a Shari’a or human rights lawyer in highly
problematic countries as categorized by the DFA and DOLE and where there is a
high concentration of Filipino migrant workers;
o
Ensure that all ambassadors and
other diplomatic personnel to be nominated for confirmation by the Commission
on Appointments have undergone a prescribed gender sensitivity course and is
duly informed about the anti-sexual harassment act, expanded trafficking in
persons law as well as other pertinent laws involving women’s rights;
o
For the executive to have a
clearer definition of the One Country Team Approach in operational terms
particularly in relation to the handling of cases involving rape and human
trafficking victims as well as those abused/maltreated/exploited/harassed by
embassy personnel.
o
For the passage of a law or
amendment of existing ones specifically on victims’ assistance delineating the
roles of every agency/department from deployment to onsite services and finally
on reintegration with corresponding budget allocations and staff training
components;
o
For amendments to the Anti-Sexual
Harassment Act to include acts committed by foreign service personnel including
local hires against Filipino overseas workers; and,
o
For all agencies with staff
overseas to agree on a Code of Ethics in relation to the delivery of services
to overseas Filipino workers particularly those who have sought refuge in
Philippine embassies and consulates around the world.
o
For the oversight legislative
labor committee to review the operations of the POLO especially in light with
the additional powers to be given to it under the revised rules of the
Philippine Overseas Employment Administration.
We also call on the Secretaries of the DFA and DOLE to harness the
experience and desire of civil society groups and OFW advocates to contribute
and encourage reforms in onsite delivery of services through dialogue and the
crafting of a sweeping reform agenda for the benefit of our modern-day heroes.
Carmelita Nuqui, PMRW Susan
Ople, Blas F. Ople Center
Luther Calderon, KAMPI Jun
Aguilar, FMWG
Kenji Solis, PEBA Lito
Soriano, LBS Recruitment Solutions
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