PHILIPPINES LEGAL AND POLICY FRAMEWORK COUNTRY SITUATION AND

PHILIPPINES LEGAL AND POLICY FRAMEWORK COUNTRY SITUATION AND PROFILE Edwin Dela Cruz / Alnie G. Foja

NATIONAL POLICY PRONOUNCEMENTS REALITY • Reverse Migration • Social Weather Station 2 nd Quarter 2014 report: – The economy is growing and OFW’s are coming home to work. – More industrial sectors catching up in terms of labor package and training – Sec. Baldoz of DOLE – 25. 9% joblessness among adults – 9% (est. 4 M adults) lost their jobs – 13. 2% resigned – Joblessness rose among women and among 18 -34 years old

NATIONAL POLICY PRONOUNCEMENTS REALITY • Reverse Migration • Intensify Labor Export For Remittances and Poverty Alleviation – – 7. 8% GDP Growth 1/Q ’ 13 5. 6% 1/Q ‘ 14 6. 4% 2/Q’ 14 More industrial sectors catching up in terms of labor package and training- Baldoz DOLE – – – 12 M Dole + 3 M undoc = 15 M 2012 4, 884/day 2010 2, 500/day 2011 total 1, 850, 463 2010 1, 281, 000 POEA

NATIONAL POLICY PRONOUNCEMENTS • Reverse Migration REALITY RELENTLESS MIGRATION – By 2012, at least one-fourth of the country’s labor force has gone abroad to find work. There are now 15 million Filipinos abroad. – According to the POEA, 1. 5 million Filipinos were deployed abroad in the start of BS Aquino’s term. Since 2010, the number of OFWs leaving the country increased from 2, 500 daily to 4, 884 in 2013. – Breached the two million mark in deployment of OFWs for a year, the highest record in history since labor export was enforced in the 1970 s.

NATIONAL POLICY PRONOUNCEMENTS • Protection of OFW’s REALITY – President BS Aquino closed down at least 10 Philippine foreign posts as part of its so-called “austerity measures” to incur government “savings”. – Trafficking of Filipino workers is still rampant and operating in record-high levels yet the accountability of perpetrators and their coddlers in government remains low. The Philippines remains as one of the top source/sending countries for trafficking in different parts of the world. – Exaction of additional fees, charges and expenses (MOA between MIAA and airline carriers re automatic inclusion of Php 550 terminal fee in airline tickets effective Oct 1)

NATIONAL POLICY PRONOUNCEMENTS • Reintegration of OFW’s is a priority measure. REALITY – Lack of comprehensive and sustainable reintegration program for returned OFWs. – TESDA Training Cost Php 25, 000 -35, 000 – Mere dole-outs and band-aid solutions onetime livelihood programs. – P 2 billion OWWA reintegration program of 2011 has stringent requirements for collateral and onerous interest rates. – Misuse and corruption of the OWWA funds. – P 89. 6 M budget for the overseas voting (RA 9189 was recently removed from the 2015 budget.

NATIONAL POLICY PRONOUNCEMENTS REALITY - Since 2010, government collected an • Administrative Order average of at least Php 26, 267 from every (AO) 31 rationalizes OFW processed by the POEA; the rates of fees and - Oct 2012 – AO 31 authorizes increase in existing rates and the imposition of new fees charges. and charges; - 2014 – the average cost of processing of Overseas Employment Certificate for every OFW is Php 31, 000. - Additional expenses (placement fee of 1 month salary, authentication, certifications, clearances, passport application, mandatory contributions, etc. )

Economic Growth PRONOUNCEMENTS 7. 8% GDP Growth 2013 1/Q • More local jobs • Social Service Spending by Conditional Cash Transfer • Land Reform REALITY Unemployment & Low Wages • Social Weather Station 2 nd Qtr. 2014 report: – – 25. 9% joblessness among adults 9% (est. 4 M adults) lost their jobs 13. 2% resigned Joblessness rose among women and among 18 -34 yo • Gap of Min Wage and Family Living Wage – 2001 52% – 2013 44% P 456 : P 1, 034 • LR Undistributed 2013 500, 000 has. 1. 1 M farmers • 54% poor 13% extreme SWS

Economic Stability PRONOUNCEMENTS REALITY • International Investment • Heavy dependence on OFW Confidence remittance (See: next slide); • Corruption - pork barrel (PDAF) and DAP of the President; • Non-inclusive economic “growth”; • Social cost of migration

OFW Remittances & the Philippine Economy • Steadily growing OFW remittance 2010 – USD 20. 563 B; 2011 – USD 21. 922; 2012 – USD 23. 352; 2013 – USD 25. 351 B 2014 (Jan-Jul) – USD 14. 958 (Source: BSP) • 2012 - represents about 6. 5% of Gross National Income (GNI) and 8. 5 percent of Gross Domestic Product (GDP). • Second largest source of foreign capital; • In 2009, the world’s 4 th highest recipient of remittances from nationals, only trailing behind from India, China and Mexico; • “PH economy can’t do without OFW remittances”. - NEDA

Various Cases Faced By OFWs • Rape / Maltreatment – documented cases are mostly of domestic workers; • Drug-related cases (drug mules) resulting to death penalties; • Human trafficking / Sex slavery; • Illegal recruitment / Contract violation; • Violation of BP 22 / usurious interest / others • Particular impact on women OFWs (feminization of poverty results to more women forced to accept the most vulnerable jobs abroad - - In 2010, out of 96, 583 DH and related household workers, 94, 880 are women while only 1, 703 are men (POEA data)

LEGAL PROTECTION • International Conventions - UN Convention on the Rights of Migrants and their Families; - UN Convention on Transnational Organized Crimes and the Protocols under it (Trafficking Protocol and Smuggling of Migrants Protocol) - ILO Maritime Labour Convention, 2006 - ILO Domestic Workers Convention, 2011 (C 189) - ASEAN Declaration of Principles on the Protection of Migrant Workers and their Families - Others • RA 10002 amending RA 8042 MWOFA solidary liability, illegal recruitment, damages • RA 10364 amending RA 9208 ATPA • RA 10361 (Kasambahay Law) • Phil. Overseas Employment Adm. (POEA) • Overseas Workers Welfare Adm. OWWA/ Embassy / POLO • National Labor Relations Commission

LEGAL PROTECTION OVERSEAS LANDBASED • Overseas Workers Welfare Adm. OWWA $25 /contract/ members only • Embassy/ Labor Attache POLO (inaction/ pimping scandal/ sex for flight) • No budget for lawyers • No budget for repatriation • Response : Depork/ Zero Remittance Sept. 19

LEGAL PROTECTION REMEDIES AFTER REPATRIATION • POEA only return of illegal placement fees. No unpaid wages/ damages for breach of contract • Overseas Workers Welfare Adm. OWWA $25 /contract/ members only • NLRC Corrupt and skewed in favor of principal and manning agency. Multi-layered process could take years before execution.

LEGAL PROTECTION CONVENTIONS AND MOU LACK OF EFFECTIVE REMEDY • ILO CONVENTIONS • MLC 2006 • MOU 23 COUNTRIES/14 still in effect • POEA Contract watered down and ineffective. ILO on TU ground for termination (102 nd ILC, 2013) / HIV AIDS/ • Work Related Injury • No right to sue elsewhere • Direct Hires • NLRC tedious and corrupt

Government Policy to Favor Employers • Remittance Dependence • Government coddling of Shipowners and Manning Agencies/ Commercialization – EMSA review failed Phils, knee jerk response to close schools. • Watering down of rights (POEA contract) • No budget to protect. Low priority

Global Response • International Labor Solidarity against FOC’s – ITF Inspectors in major ports – Unity with dockworkers – Protect fishermen and non-unionized seafarers • Campaign to ratify ILO Domestic Workers Convention (C 189) • International Solidarity and Campaigns – NUPL – CODAL- IADL – Migrante International The “Crisis Hotline” mobile number 63932 -3990231 or email address menacrisiscenter. migrante@gmail. com. Messages may also be sent though Migrante International’s website, http: //migranteinternational. org where an online complaint form may be accessed.