OCWs in Crisis

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OCWs in CRISIS: Protecting Filipino Migrant Workers
130
Ateneo Human Rights Center H.V. De la Costa, S.I. St., Salcedo Village Makati 1227, Philippines
OCWs
in CRISIST
Protecting Filipino Migrant
Workers
79gs
ACKNOWLEDGMENT
The publisher gratefully acknowledgei the generous support of Canada Fund,
the speakers, reactors and participants for their invaluable insights shared during the Conference on the theme "PRoTECTING FILIPINO woMEN MIGRANT woRKERS-: FROBLEMS AND CHALLENGES", held on 3 March 1995 at Philippine columbian Associatiory Plaza Dilao, Paco, Manila, Philippines,
Ronaldo Romey Cutierrez for the cover illustratiory and
the staff and friends of the Ateneo Human Rights Center.
Carlos P. Medina, Jr. Amparita S. Sta. Maria fose Tomas C. Syquia Mary fane L. Zantua
Editorial Board
Items in this book may be quoted or reproduced for non-commercial purposes with appropria te acknowledgment.
Copyright
1995.
Published by the Ateneo Human Rights Center, 130 H"V" De Salcedo Village, Makati 1227 Philippines.
la Costa,
S.J. Street,
ISBN
97I-8899-01-4.
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Filipino Migrant Workers
FOREWORD
_ "Emigration in search of work must in no way become an opportunity for financial or social exploitation....The value of work should be'measurei by the same standards not according to the difference in nationality, religion or race."
Laborem Exercens,
John Paul
II,
1981
billion in remittances from them.
The most recent estimates put the number of documented Filipino overseas contract workers (OCWs) all over the world at 2.45 million. About t.82 mllllon work without work Permits while 1.77 million are permanent residents in other countries. Except for a small minority in executive positions, most Filipino migrant workers are empioyed as nurses, domestic helpers, entertainers and constructiorilaborers. Dubbed as'bagong bayani ng bayan, they play an essential part in the economy and remit millions of dollars to the Gcrvernment's coffer. In 1994 a[one, the Government received a total of US $ 3
. The.fast rising number of Filipino migrant workers, their role in the economp and the peculiar problems and situations they iind themselves in make them a sector distinct from their local counrerpart. Article XIII, Section 3 of the 1987 Philippine Constitutiory which expressly classifies labor as local and overseas, finally recognizes overseas workers as a separate socio-economic group.
in _spite of their growing number, the special recognition by the ^ flow.ever, Constitution and their contribution to the Econom),/ overseas contract workers remain vulnerable to abuses and lack adequate standards of legal protection and remedies.
Illegal recruitment practices continue to cause untold suffering to thousands of Filipino workers and their famiiies. In 1993,1,852 cases involving illegil recruitment have been. received by the Philippine overseas Employment AdmYnisa'ation (poEA). This nurnber does not account for the unreported cases which may be far numerous.
Moreover, the contract workers, who at present rely primarily on the employment contract executed between them and the foreign employer, ire often left without'suf?lcient Protection in the country of employment. The PoEA prlscribes a minimum labor standard which must-be incorporated in every contract in order to afford workers the minimum benefits and protection related to employment.
assault,
It must be noted that most of the cases which involve Filipino OCWs are not all contractual or employment-related but violations of human rights and fundamental freedoms' In such situations, the contract loes not provide the"worker relief if he or she is,subjected to torture, racial discrimination, religious intolerance, physical or,d r"*,rui
or other human rights violations.
It is for this reason that the Ateneo Human Rights Center, a university-based nongovemmental organization working fo1 the promJtiott of human rights, sponsored a conference on the protection of. the rights oi the most vulnerable of"Filipirio or"r""u, workers the women and invited heads of govemment and non-governmentai organizations to discuss a wide range of issues aflecting women migrait workers.
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TABLE
of CONTENTS
I. PROTECTING FILIPINO WOMEN MIGRANT WORKERS: PROBLEMS AND CHALLENGES The Human Rights of Filipino Women Migrant Workers By Gina Alunan-Melgar .................. Resp_onding to Filipino Migration Realities: Framework for Cooperation By Catherine Paredes-Maceda ............... Addressing the Problems of Filipino Women Migrant Workers By Jose S. Brillantes Existing Philippine Laws, Rules and Regulations Affecting Filipino Women Migrant Workers By Felicisimo O. Josory Jr.................. The Govemment Welfare Program for Filipino Women Overseas Contract Workers
A
B.
c.
D.
15
27
E.
By Vivian F. Tornea
F"
Addressing the Problems of Filipino Women Migrant Workers: The NGO Perspective By Sr. Mary Tarcila Abafro, R.G.S CASE STUDIES
^L6
34
II.
A.
The Filipina Maid Trade in Singapore: An Analysis of Welfare and Legal Protection
B.
by the Philippines and Singapore By Ma. Dulce Cecilia B. Amba Undocumented Filipino Migrant Workers: Unreported Fissures in a Developing Overseas Employment Program By Lorenzo G. Lao
Extended
47
/J
III.
A.
B.
APPENDICES
Republic Act No. 8042 (M igrant Workers and Overseas
Filipinos Act of
1995)
c.
D.
Intemational Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Kuala Lumpur Declaration on Human Rights by the Asean Inter-Parliamentary Organization (AIPO) POEA Memorandum Circular No. 41 Guidelines Towards the Operationalization of Measures Further Improve Protection in the Deployment of 19 Household Workers
137 151
187
192
The photos were taken during the Conference on the theme "Protecting Filipino Women Migrant Workers: itroblems and Challenges," sponsored by the Ateneo Human Rights Center on 3 March 1995.
PART I PROTECTING FILIPINO WOMEN
MIGRANT WORKERS: PROBLEMS and CHALLENGES
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THE HUMAN RIGHTS OF FILIPINO WOMEN MIGRANT WORKERS"

By Gina Alunan-Melgar
I have been asked to talk about the rights of Filipino migrant women. Let me rephrase the title _of-my-pup"r by ending ir with a big question. The rights of Filipino migrant women? Do they have rights? That is the big quesrion.
krdeed, in the history of intemational migratiorL people who cross borders for whatever reasons are often subjected to violation of their rights: racial discriminatiory exPloitatiory and violence. kr recent years, intemational migration has taken on new forms and new characteristics and with these, new forms of violations of their rights as migrants, as workers, and as women.
A most significant lrend is that of migration for contract labor and the increased participation of female labor as primary movers in the migratory process. In the Philippines,-the migration of women labor is taking place ver! systlmatically and on massive scale and is moving toward traditionally ind culturaily-tlosed societies such as saudi Arabia and other Arab countries, Japary singapore and Malaysia.
Because of class, race and gender relations, and the very nature of jobs made available to Filipino migrant womerL i.e., as housemaids or entertainers, their situation has become one of bonded labor. Filipino maids in Hong Kong have referred to their situation as
"modern-day slavery". A 1S-page confidentiil report of a Filipino diplomat in saudi Arabia also noted that tens of thousands of Filipino workers in Saudi ire "modem-day s1aves", physically and sexually abused in a mignitude "unmatched" anywhere else in the world.
PHILIPPINE LAWS AND THE FILIPINO WOMEN MIGRANT WORKER

migrarrt workers. Much less are existing laws implemented to the fullest. V[hile Philippine state laws may be more Progressive than those of other countries, for a .ountry wLich comes from a position of "mendicants" (in the labor market), it cannot be expected that the matter of Philippine sovereignty is respected at all.
There are many laws, but little is being said about womery particularly women
Let me just cite a few provisions in our present laws relevant to migrant labor. The Philippine Constitution of 1987, Article II, Section 18 on the Declaration of Principles states that "[t]he State affirms labor as a primary social economic force,, and tftat it "shall Protect the rights of workers ind promoie their welfare." Article XIII, Section 3 also provides that "[t]he State shall afford full protection to labor, local and overseas/ organized and-unorganized, and promote full employment and equality of employmeni opportunities for all."
-A paper irresented by Gina Aftman-Melgar, Executive Director, Kanlurigan Cerrter Foundation, Inc' during a seminar on "Protecting Filipino Women Migrant Workers: P.roilems and Challenges,,, Philippine Columbian Association, 3 March 1995.
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Book One of the Labor Code of the Philippines which deals with Pre-Employment, its implementing rules issued by the Philippine Overseas Employment Administration (pOEA) througliRules and Regulations, talk lengthily about recruitment and placement of *o.k".t; tf,e promotion oI overseas emPloyment of Filipino workers through- a comprehensive mirket promotion and development programs; th9 participation of the private sector in the OEP and the licensing and regulations o.f its o_p_erations; a1d documentary requirements, fees, and...procedures for worker applicants. However, only a few pages deal on legal remediei and procedures available for cases of illegal recruitmen-t and recruitment violations and claims for welfare assistance and programs. Assessing these laws in the light of realities, one, can say that-the govemment has failed to proirld" Filipino women with the basic right to decent life, employment or the right to choose the course of their own development and even destiny. Existing laws coupl"ed with the govemment's thrusts and programs clearly point to the government's heairy relian." unJ aggressive promotion of the export of human resources. It has no qualirs in stating pro-"*aty that-the Philippines is the supplier of laborers to the world. policies and prolrims ttrerefore that have been executed or passed by the Sovernment merely pay lip-s-ervice to the welfare and protection of migrant workers, and serve to heighien iL c'ompetitiveness in the intemational market for cheap labor.
A case in point is the imposition of deployment res-trictions- and bans in certain counhies and job categories wliich ar" sometimes not implemented-because exemptions are easily given. DOLE Administrative Circular No. 0191, for example, sets the minimum ug" ."qri6-ent for entertainers going to Japan at 23 years of age. But then Secretary oI L"bor, Hon. Nieves Confesor, has granted exemptions to some women as youn8. as 1.6 or 17 on the basis of "exemplary skills and talents" according to their promotion agencies. Another example is the ban in Algeria (while pertaining to men workers) due tJ th" rugng civil conflict which poses a security threat to fo:9i4 workers. On the basis of un up"p"il by a big contracti;g agency, the Secretary of Labor granted an explicit
exemption.
In terms of legal remedies for migrant women victimized while on the iob-site, one clause that can bJ used is the joint and solidary liability of recruitment agencies with its principal, the foreign-based employer, for.all claims filed by recruited workers which muy urire in connectioi with the imPlementation of the service agreements or employment coritracts. However, in proving violations the burden of proof is often placed on the migrant worker who by virtu6 of the power relations, is almost always at the mercy of the employer and the recruitment agency'
bv foreign employers or individualJ against a migrant womary e.g.t taPe' physical battery, iliegal d"etention,'and murder. These are cases wherein laws of a country would have foreign no iurisdiction over crimes committed in another country. It is also in the arena of right its sovereign assert to been able not has govemment Philippine the that Jipio*u"y to'proteci the interests of-ltr o*r, citizens. For example, take the case of the mass arrest of 'Filipino maids in Malaysia !wi1e- la.st y!ar- on mere suspicion that they were of a Filipino diplomat in Saudi Arabia, or the number or the mauling -violent ""ao.ri*""ted, deaths' Nbt a finger was lifted or, to be a little of migrant women who met fair, oily a whimper of protest against such brazen acts were heard from the Philippine
govemment.
Not covered by the scope of agency liabilities are crimes against Persons.committed
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THE FILIPINA MIGRANT WORKERS IN THE EYES OF THE FOREIGN COUNTRY
If the Philippine government is not recognized and respected by other nations, what about the _poor, migrant women from the Philippines? The Filipino diplomat who prepared the 15-page report on the abuses of Filipino maids in Saudi Arabia aptly describes their situation as that of bonded labor.
. The domestic helper is one of the most vulnerable and marginalized among the migrant workers. Her work is menial and the live-in arrangement ensures that she is at the beck and call of the employer virtually 24 hours a day. The job demands submission and servility, and as a foreigner coming from a poor country, ihe is in a constant state
of
powerlessness.
Domestic work is "invisible" in that it is done within the confines or privacy of a particular household. Many countries do not recogni2e domestic work as ';legitimate
paid labor". others simply categorize them as "guest workers" or cheap and disp:ensable labor. Consider the following: Saudi Arabia labor laws specifically exclude domestic helpers. Domestic workers, therefore, are virtually non-existent under said country's laws. Without rights and any means to seek redress in instances of conlractual violations, they are often treated as properties.
* There are hundreds of Filipinas stranded in deportation cells and in the Middle East. "Exit passes" have to be issued by the employer before the worker can leave the country, thus, the worker is in a prison-like situation. Her onlv recourse is to run away in order to get out of very oppressive working and living situations. She would often end up stranded in Philippine embassies or welfare centers, or worse, in deportation cells while awaiting the processing of exit passes.
embassies
Sometimes, employers hold on to the workers, passport or refuse to issue exit passes and demand that the domestic helper retum to work. Some are even unfairly chaiged and framed-up.
foreign workers for its own economic development sfiould also be ready and willing to welcome the influence of othei cultures or, at reast, allow migrants to practice their own traditions.
* Cultural and religious practices in Saudi Arabia and other Arab countries curtail the freedom of other nationals to practice *reir own cultural and religious beliefs. A country that has opened its doors to
*ln Singapore, Filipino maids are not allowed to intermarry with singaporean nationals or even enter into relationships with ftem. They are required to undergo pregnancy test (euphemistically called a medicjl exam) every six months. If found to be pregnant, the maid pays the price of deportation.
,Singapore,.Malaysia and other countries where there are rnany domestic workers, the immigration status of the Filipino
* [n Hong Kong,
worker or her right to remain in the country is cotefminous with *re
duration of the contract. Termination of contracts means summary extradition or two weeks lead time in Hong Kong and automatic
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extradition any day in Singapore and Malaysia. For a worker,

preparation.
particularly stressful, both economically and emotionally, to have one,s contract terminated illegally and be deported without sufficient
it is
* Filipinas married to foreign nationals also do not have independent resident status. In Germanp fog example, a Filipina has to stay married and must live with her husband for five continuous years. Separation or divorce within the first five years of marriage means cancellation of residence permits. Many women therefore are sometimes forced to bear abuses and violence of husbands in order to remain in the country.
* In many countries/ migrant workers are prohibited from forming organizations or join unions. Undocumented workers, even if they are victims of illegal recruitment and trafficking, are considered criminals and blamed for rising social problems.
The list can go on but these are just some of the critical points and gaps in the policies of many receiving governments on migrant workers, whose rights as workers, migrants and womery and even their basic human-rights, are often violated.
The incidence of violations of the rights of migrant workers has reached a magnitude and degree unsurpassed in previous years or in any country. For the whole year of 1994, Kanlungan Center Foundatiory Inc. through the monitoring of news reports, was able to document a total number of 441,,527 Filipinos involved in one form of problem or another. Year-ender reports of major dailies and broadcast stations highlighted the plight of Filipino migrant workers. In fact, the Filipino migrant worker was named as the "Filipino of the Year" by the Philippine Daily lnquirn, not for his or her grandiose contribution but for belonging to the most exploited and abused sector of Philippine
society.
CALLING ON THE INTERNATIONAL COMMUNITY

Over the past few years, intemational labor migration has become a maior area of concem by the intemational community.
In 1990, the United Nations General Assembly approved the Intemational Convention on the Protection of the Rights of All Migrant Workers and Mernbers of Their Families. The document provides a broad definition of the rights of migrant workers and their families artd offers some means to review the compliance of nations in upholding these rights. During the World Conference on Human Rights held in Vienna, Austria, in June 1993, the Vienna Declaration recognized the vulnerability of migrant workers; thus, they hav been singled out as a category in need of protection.
The recognition of migrant rights did not progress without controversy. It was not given but had to be conquered. This notwithstanding the protection of migrant workers' rights is still far from being ensured. Five years since the UN Convention on Migrant Rights was approved only two countries have ratified it (Egypt and Morocco) and five other countries including the Philippines have signed it. Not a single receiving country has ratified or would want to ratify the Convention despite their involvement in its drafting.
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The drafting of the Convention took ten years before it was finalized. Since then there have been major qualitative changes in the world economy and politics which will shape future policies and attitudes. Globalization of trade u.rd laboi is a prescriptiory a new set-up of the advanced capitalist countries to divide the market, .ith"r thu., u measure to maximize the depleting resources of the world. Newly industrialized countries and third world countries are being encouraged or forced to open their markets, while in the U.S. and other capitalist countries in Europe and other iegions, protectionism is
the name of the game.
Such develoPme-nts shall be a setback for migrant workers in their struggle for recognition and equal rights, and for countries deemed to be the supplier of laborl And these pose greater challenges for NGOs and other concemed grorpr.
REFERENCES
Alunary Gina M.,
june
"Ab-u-ses {gainst Asian Migrant women: A Human Rights Issue,,, Wmnen on the Moae, Proceedings of the Workshop on Human Rights Ab"uses Against Immigrant and Refugee Women, World Conference on Human Rigits, Vienna, Aistria,
1993.
Battistella, Graziano, Ed., Human Rights of Migrant workers: Agenda for NGos, scalabrini
Migration Center,
1993.
Alcid, Malou, "An Overview of the Conditions and Experiences of Filipino Overseas contract workers in the Asia-Pacific Region", Kanlungan center Foundatiory
Inc.,1991. Various co1feyn!9 PaPers and resolutions, Conferenee on Asian Migrant Women: Issues and Problems, by the Asian Migrant Center, Bangkok, Thailand, 25,1995. January 20 to -sponsored C.A. Azucena, The ['abor
Code
with Comments anil
Cases,
Volume I, Revised Edition
1992.
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RESPONDING TO FILIPINO MIGRATION REALITIES: A FRAMEWORK FOR COOPERATION*

By Catherine Paredes-Maceda
CHARTING THE BEGINNINGS OF MIGRATION
affecting needs of modem ,o.i"ti"r. While tire challenges and probiems -present-day movement transnational the implications/and consequences greater far misrants have where Europe. centuryl in eighteenth ir;; ;,A."tr*tl"t a[o. lt was, howei,er, ;'il;; primarily defined is that charicter assumed and ttr i.up" ;Jd;;;';tgr.ili;ot by the massive-exodus of people across continents'
Themigrationofmanisasocialphenomenon,notrecentlyshape{bvthecompelling
the resources. As
grew sigrifi*ntly, the capacity to meet for food and'othJr .t"""tiiti"t has not been hamessed' These ;;*i"g social demands of Thomas Malthus' "gigantic realities, which were ,to*ty leading to the unfolding man's perfectibility' to Prove quest a decisive for i^p"t# inevitable famine", pr."iJ"i -the pr9fl.9ms that social to The rest was inevitabl" - *in's search for ansriers beyond "worlds" new for to search him led characterized tr.,ut p"rioa in his history,
in population has provided untold Pressures uPon The late eighteenth century surge "p"opi" the
the;;;#r
of
Europe.
ThemassiveexodusofpeoplefromtheBritishlslesinthe1s00swasprimarily from.the socio-economic and political upheavals that "tiup! many would consider the were existent in that part of tlie world at *rat time. While to,be overwhelminp the nresent levels of interiational migration from *re Philippines was far greater in tsoot l.t tn" countries to.other Englani 5.;#""i;i;;;;;.;
motlvated by t6e a"sire-to
that around 20 million Britons magnitude. Between i;G ""; 191.4, \thas been estirnated movement of people w.a1 mass this that i"?i",r,r" g.iaish Isles. It is important to note dawning of the industrial the wiflessing was Britain even happening at a time when
revolution.
while that was recorded as one of the most massive intemational of deserts in the earliest in modern timer, *r" ,ro*uar, who ruled the vast stretches grouPs of migrants' earliest the ulro be considered as one of vears of civilization bondage.of ancient the "o,rld from freedom their h" led the Israetites to claim iH il;;;h;; of what we characteristic people, of movement mass a ;;;;;y;-;;; practically leading now call migration'
nature employed t*-o
movement of people
TwocenturiesaSo/aphilosopherbythenameoflmmanuelKantpostulatedthat *"in, to separate- peoples - difference: .of ]u"ffug: Td "f ,1 technoiogical development,and sustained globalization of l"up" great The religion. political"order, however/ hamessed the conditions that intemational /intemational boundaries' This' continuld mor)ement of people ucross pi"p.if"a the".o.ro,1-1i.tu^d today's world, where the "Haves" and together with the dichotomies that charaiterize
*A paper presented by DeputyExecutive. Director catherine Paredes-Maceda of the corwrission Affairs, at the Conference on "Protecting Filipino Women on Filipinos Overseas, ouplt*int tf Foreign Philippine Columbian Association' 3 March 1995' ProbleiJ-""JCrtAr""f"s," fr,rigr"ii W"tt.rs:
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the "Have Nots" exist, will make intemational migration a sustained reality in many
WAVES OF FILIPINO MIGRATION
Filipino migration to other counhies had even earlier beginnings than the mass
movement
of
migratiory with the first one starting as early as the sixteenth century.
Englishmen from the British Isles. There are basically four waves of Filipino
With the onset of the Manila-Acapulco Galleon Trade in 1565, Filipino hands were already on board many of the ships that brought silk, spices, and other precious merchandise from the east to the "new world". Many of the Filipino crewm-en who deserted.their ships due to harsh conditions, found new homes in Mexico. The seafaring exiles, who grew in numbers through the years, easily blended with the natives of Mexic6 and some of them ultimately moved into touisiana where a "Manila village" had been established by the early Filipino settlers (Maria E. Espina, 1980). On the 6ther side of the continent were Filipinos who also found homes in Europe to escape political repression during the Spanish colonization of the Philippines. Part of thjs wave of migrants include some of our great mery including Rizil, Luna, Hidalgo, and many
others.
The second wave of Filipino migration started in 1906, consisting mainly of "pensionados" or students who were sent by the government to the united state; for training. Also part of this wave were the recruited plantation workers for Hawaii and the Filipino workers who moved to mainland U.S. to work in hotels, restaurants, sawmills, railroad eonstructions, agricultural plantations, and canneries (Fred Cordova, 1983).
The end of World War II signaled the advent of a new wave of Filipino migrants to many countries around the world. The third wave was essentially made up of military servicemen who immigrated to the U.S. after the war (Cordova, 19'83). Profeisionals ani
students, desiring to Pursue further studies in the universities of the U.S. and other European countries were also part of the third wave of Filipino migrants.
The fourth wave of Filipino migrants are made up the immigrants and contract workers that are now settled in various countries. A pirt of this vJave would include the Filipino veterans who have been given the privilege to seek naturalization in the the Filipinos in intermarriages, and even the professionals who have been sought ]J.St, multinational co.mpanies and the stiU"a workers that continue to hElp ly li8 _overseas, build nations around the world.
LEVELS OF CONTEMPORARY FILIPINO MIGRATION
_ Iilipinos are said fo account for altnost half of all Asian migrant workers worldwide. \Alhile it is impossible to accurately quantify the number of ovJrseas Filipinos, including the undocumented ones, estimates established by the Commission on Filipinos Overseai (CFO) indicate that there are at least six million Filipinos in'149 countries around the world as of 1993. The undocumented workers account for 1.79 million or 30% of the
_
total number of Filipinos worldwide.
The outflow of Filipino immigrants and contract workers have steadily manifested
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growth trends in the past decades. ln 1975, when the Government started to monitor he levels of Filipino migration, emigration figure was posted at only 1'4,492, while that of overseas contract deployment was posted at 35,035'
The construction boom in the Middle East in the '70s triggered off the extensive and sustained growth in the levels of deployment of Philippine labor. Between 1975 and 1980, the ,r.r*6", of contract worker deployrnent increased by an average of 43."/" y"-"^{I. Growth between 1980 to 1985 was 40% pet annum, with 372,784 deployed in 1985. Despite the sluggish global economy toward the late 80s, the number of OCWs being depioyed sttll iilreasJd by an average of-18% annuallybetween 1985 to 1990" In1994, an all-time high of 760,091 contract workers were deployed' Deployment pattems of Filipino OCWs are shifting from- the traditional Middle Easterndeitinations to Asian .on.ttriu". From a share of 79.2"/" of Filipino OCW9 in 1985, the Middle East absorbed only 55.6"/" of the deployment figures in 1993' Asia, on the other hand, has been absorbing more of the Filipino OCWs in recent years due primarily to the shifting growth Pattems in the global community' From 1984 to 1,994, a total of 5,685,203 Filipino OCWs were deployed. This figure represents at least 8.3"/o of the Philippine population of 68 million. The last decade also saw the increased feminization of the overseas employment. In !987, women comprised 47% of the overall worker deployment abroad. This, however, increased further to bSZ in 1993. The median age of Filipino women workers deployed in 1993 was 29.6 years old. Fifty one percent of the new hires in 1993 were in vulnerable
occupations (domestic helpers and entertainers), and about 95% occupation are women.
of the workers in this
The other group of Filipino migrants are made up of the immigran'ts who have found permur,"i-rt ."rid"nce overseasl The immigrants are- estimated to have reached 1.55 miilion as of 1993, with a maiority having found new homes in the United States. Other maior destinations of Filipino immigrants include Canada and Australia.
It is important to note, however, that in recent years/ the number of Filipino women proceeding ibroad as fiancees and spouses of foreignnationals has significantly increased' 'p.orr-, u fi"gure of 7,831 Filipino women counseled by the Commission on Filipinos of Overseas ii tggg, the figure lncreased to 13,872 in 1990, and up to an all-time hi,gh States, ItPutt, the United go-to basically intermarriages in i'o*"tt Filipino 1993. in 79,396 Australia, and othlr European countries. The increase in Japan',s in-take of Filipino ,,immigrants" in recent y"u.i i" attributed to the increase in the incidence of intermarriages U"i*""? Filipino and fapanese nationals. Ordinarily, immigration to Japan would not have been possible without the marriage as basis for the migration'
As in the contract workers, maiority of the immigrants (50%) are women'

RESPONDING TO THE CHALLENGES Multilateral and Bilateral Initiatiaes
a.cross continents
What we continue to see today in terms of the'unabated mass movdment of peoPles and countries ii but a result oI the socio-economii imbalances that
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pervade our world today. Countries that serve as sources of human labor for the more progressive nations around the world are in similar position as England around two hundred years ago.
the Philippines, a reassessment of the overseas employment program has been -In made to address, not only the requirements of the country'j development needs, but more importantly, to establish a framework which would continu-e to provide the constitutional guarantees to travel and define the parameters for the deployment and reintegration of overseas Filipino workers.
- Under the present framework, the Department of Labor and Employment has stressed thar "oz;etseas employment shall not serae as the single and most desperati pittt to social mobility and grornth." As the nation is poised for sustained economic growth, new condition's have ,emerged that would allow us to provide more opportlnities to our workers,
including those who have almost made overseas employment a personal
career.
- It should_be, emphasized, thougtL that while there is a lot of optimism about the fulure.of the Philippines, we shall continue to see the movement of our people to other countries in the. years to come. This may be so because people are frequentiy lured by the prospects of success in countries they have believed, ?rom our frienis and relativei to be generous sources of opportunities for economic growth. Still, migration will continue for others who may wish to join their families ind relatives who -have found
permanent settlement overseas. This leads us to the crux of this paper the framework which would - establishing help address the many challenges thar confront the Fililino migrants.
Migration, since centuries ago, has always been a global problem. It has been a security concem for many countries, including the United StatLs, whictr, at one time, even had to provide security arrangements for-Japanese immigrants during World War II for suspicion (or fear) that they were underuking espionage"work for thE motherland against the United States. Such malevolent behavior on *rJ part of recipient countries still exist today, although these are manifested in other ways. As a globil problem, the concerns arising from migration can no longer be addressed by a single agency of the govemment/ nor by a single nation. The involvement of the internationaf community is a primary key to finding solutions to the problems.
There could not have been a better way of putting across the message to our friends in the internationai community than by the following words expressed bi Foreign Affairs Secretary Roberto Romulo, and I quote:
'/The treatment of migrants must be a primordial concern shared members of any decent international society. The human dimension of international migration should never be forgotten. Migrants deserve a degree of regard, carE, and protection r,tpu.io, to what is accorded to capital, intellectual property iights, and oiher factors of production thar fuel the growth or the aynimic global economy.,,
by all
ration among countries in addressing migration problems. Our concern has
In the international arena, the Philippine Government has advocated for closer coope-
been expressed, not once, but_many iimes before the intemational community. Lr the United Nations, the Philippine Government assumed a leadership role in prrnittg for the U.N.
12
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Convention on the Protection of All Migrant Workers and Members of their Families. This Convention, which took ten years to finalize, would cover both the documented and undocumented workers. Significantly, the Philippine Permanent Mission to the United Nations had also initiated two resolutions on violence against migrant women workers and we are proud to say that as a result of this, the United Nations General Assemblp for the first time, gave special attention to the needs of women migrant
workers.
In furthering its advocacy efforts in the intemational communitp the Philippines also sponsored a resolution on violence against women workers before the U.N. Commission on the Status of Women. This resolution called upon both the receiving
and sending states to conduct regular consultation to identify and adopt specific measures to address this type of violence. This is a major resolution in that it seeks the cooperation of the U.N. bodies to monitor the condition of women migrant workers. Toward this end, it has called upon the U.N. Secretary General to develop concrete indicators that would help determine the level of compliance by state parties to intemational instruments that have been put up to protect migrant workers. Even in existing regionai fora, the Philippines has furthered its advocacy to promote migrant interests and well-being. In the Asia Pacific Economic Cooperation (APEC), the Philippine Government has been pushing for greater regional cooperation in addressing
migrant-related issues. agenda

The Philippines has also included the situation of women migrant workers as a critical in the forthcoming Beijing Conference on Women. Beyond advocacy, the
Philippine Permanent Mission has also conducted informal consultations with officials
of the International Organizations For Traumatic Stress Studies to develop rehabilitation programs for women migrant workers who have been traumahzed by abuse.
Bilateral labor and social security agreements will also be pursued by the Philippine Govemment with various countries to promote fair standards for employment and to ensure our workers with adequate social security benefits. While we have managed to secure social security agreements with Austria, Spain, United Kingdom, and Canada, we continue to propose security agreements with France, Italy, Indonesia, Republic of Palau, and Micronesia. Labor agreements, which are harder to forge, have been signed by the Philippine Govemment with Iraq and Jordan. Proposals have been submitted to Malaysia and Singapore and are being considered for other countries. It is unfortunate to note, however, that very few countries are disposed toward the conclusion of such
agreements.
It is in this light that as an alternative measure, the Philippine Govemment has vigorously pursued dialogues and consultations at a more informal level to promote greater transparency in policies and to encourage a free flowing exchange of ideas among countries with the view of jointly developing solutions to the problems of migration.
The Philippines is currently preparing for the hosting of an International Conference on Migration and Development to highlight our commitment in addressing this matter and to help forge better understanding among countries on the problems that affect migrants and the receiving states.
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Multi
cto
aI
Co op er
ation
While many of the solutions and interventions to promote migrant welfare have to come from multilateral and bilateral initiatives, the primary solutions to the problems of migration will have to be established in the local front.
In the legislative arena, we welcome the various initiatives in *re Philippine Congress that seek to introduce a tougher line against illegal recruitment. In our fighi against ifegal recruiters, the Department of Foreign Affairs and the Commission on Filipinos OversJas have cooperated closely with the law enforcement agencies of the govemment. There have been problems, however, in the pursuit of casei against illegal recruiters due to the settlements that occur between the parties. For some, the long d6lay in the resolution of cases discourages them from further pursuing the cases, thJreby ieaving the illegal
recruiter at liberty to recruit more for imagined jobs abroad.
In the absence of stronger laws ttrat will help battle the tide of illegal recruitment, creative initiatives will have to be put in place.
Recentlp the Commission on Filipinos Overseas has been cooperating closely with various agencies of the govemment and the non-government sector towird the establishment of the Migrant Advisory Information NJtwork (MAIN). This seeks to make available to the public, at all levels of government and in different cities all over the lgultry, information that would help people make informed decisions about migration. We hope to emPower our citizenry through information and through better Jvisory services. The church and various non-govemment organizations are hlewise conducting their own information campaign to bring informati,on closer to the people.
agree that the sustained economic improvement in the lives of our people will be the ultimate pull factor that could stem the tide of migration. As the y awaits "o,rnt the of migration flows, however, we shall contiirue to cooperate to keep our
-reversal public informed about.the-realities of migration. It is only by doing things, anh not by saying what should be done, that we can only truly respond'to the"needs"of migrants and prospective migrants.
In the IXth Congress, at least 141 bills have been filed to address specific migrant concems and interests. A major initiative includes the proposal to legislati an "Omiibus Code For Overseas Filipinos". This proposal seeks to ionsolidate, irione comprehensive legislatiory all policies that will guarantee ttre rights of overseas Filipinos, provide a mechanism for their reintegration in national conceirs, promote the transfer oi t.chtrology by overseas Filipinos, as well as provide certain privileges that will make them moie productive agnts of change in their own country.
Consistent with the desire to maximize all measures to address Filipino migrant welfare, the g_ovemment has likewise adopted a "country team,, approach to consolTdate the efforts of various agencies of the goveminent in responding io migrant concems. There have been continuing consultations to determine ttre best"possiblJ arrangemenbs in-the- delivery of services to the Filipino migrant. This measurL seeks to resiond to calls for structural changes in the minner by which govemment presents soluiions to the problems of migration. More importantly, this alio underscores the government,s resolve and commitment to Promoting and protecting the well-being of oir kababayans
abroad.
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At the Department of Foreign Affairs and the Commission of Filipinos Overseas, we shall continue to develop anld implement programs that would address the needs of our migrants. These services would include counselling services, provision of legal aid, suppolt b runaway domestic helpers and stranded seamery training programs, and delivery'of contingency support services- in times of crisis. Mechanisms for better produJtion will beiarried oui and this will include the modemization of the Philippine ita""porting System, establishment of the.24-hour assistance to nationals center, re-tooling of foreign"seivice personnel, and strengthening of the Department of Foreign Affairs
assistance
to nationals Program.
programs to reintegrate overseas Filipinos and to enlarge their stake in national developirent efforts wili also be carried out thr91S! -Pt"gtuT.: such as the Transfer of and ino*tlag" Through Expatriate Nationals (TOKTEN), Establishment of science initiatives. other and thru Expats, (sTACs), Exports Councils Advis;ry Technolo[y -entrepreneurship, training, and retirement Programs will be promoted to Business retum to the country' workers overseas the Filipino fo. establish the foundatio.,t
CONCLUSION
In concluding my presentatiorL allow me to reiterate the invitation for our Partners in the non-go.r"m*".ti sector, the academe, and the community at large.to join us in our desire t[ provide relevant and responsive solutions to the problems of our migrait workers. Whiie we all dream of economic prosperity for our people, we have at the moment, a problem that awaits immediate and effective action. The prospects for we establishing the pull factor for our migrants are very.visible, but in the meantime, other in fulfillment economic for aspire to continue who people midst, oir in have those countries. We hope that we can all cooPerate together in providing guidance to all unfo{nded and false hopes by giving not tide, who wish to be a part of the migration
"rr"o.rrug"*"nts, and relatives abroad.
brit by sharing
th"e
facts that have colored the lives of our migrant friends
As we try to establish better services for our migrants, I also call upon this community to help us a'dvocate for better treatment of migrants-in the.intemational community, nations for as intemational human resources who have helped shaped the destiny of great community' the global less from any exPect not around the world, they should
In closing, let me share with you a statement by Secretary Romulo which I think in summarizes the essence of the coilaborative framework which I have put forward I quote: this paper, and
be the first to acknowledge that there are major and serious confront us today in addressing issues affecting Filipino that problems 'migrants. These problems are as complex as d:rey are overwhelming, ani of such ma;nitude that they call for a comprehensive solution beyond the reach"of any single secior of the economy, Polity, or society."
,,I
will
that we, in govemment, are extending our hands to you -in for ways by partnership so that"we may all, in irnisory move forutard as we search overseas' of Filipinos the rights promote and aignity tne preserve can *ni.n *"
It is in this light
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ADDRESSING THE PROBLEMS OF FILIPINO WOMEN MIGRANT WORKERS*

By Jose S. Brillantes TRENDS
IN
OVERSEAS EMPLOYMENT OF WOMEN
During.the Past two decades, the Philippines embarked on an overseas employment Program which was seen to be a viable and potent altemative to improve tfie quality of life of workers and their families. Within- this period, the movements of fitipinl unskilled and skilled workers and professionals acrois national boundaries have grown tremendously' From a modest level of 35,935 in 1975, the number has steadily" risen
to 214,590 in 1980, further increased by 40% yearly to 372,784 in 1985. lv f!: yearly In 1990, this would become
44G,09s
and would .uu.h to
71g,60y'
in
7994"
More than 60"/" of our workers are still bound for West Asia, mainly Saudi Arabia. gradual shift is being seen, however, with about 30% going to the v'arious dynamil but labor-short countries of East Asia and the Asean. Only"a ,nlll p"..u.rtage of contract workers go to the Americas and Europe.
In the last decade, we have witnessed d1g in6reasing feminization of overseas employment, which has distinguished our country as the laigest source of female wo.k"r, i1 Asia. In 1987, women comprised 47"/" of overall workJ deployment abroad when there was large-scale demand for traditionally female occupations like entertainers, domestic helpers, and nurses. The figures rn 1994, however, shiw wornen already accounting for more than half (50% ) of the newly-hired workers.
The women workers.going overseas are in their prime, between 20 to g4 years ord (median age is 29.6 years). Fewer women than men ire in the older age groups. More women are in the 15 to 19 age group (5.5% vs. 0.5% for men).
Household workers constitute 92% of the total women workers deployed abroad. Skilled and professionals, including entertainers and nurses, comprise the'remaining g%.
Almost half of new hires last year were in the vulnerable occupations; Domestic Helpers (28.6%) and Entertainers (20.5%). In such occupations, about 97o/" are women. About half of the newly-hired domestic helpers went to the Middle East. In countries such as Saudi Arabia and Kuwait, which remain to be male-dominated, the largest single g_ccupltion,represented is that of domestic helper. lr4ore than half of women-hired ior united Arab Emirates are also domestic herper.s. The biggest market, however, is Hont Kong where 97o/" of Filipino overseas workeri are domesic"helpers. A significant numbe? also went to Taiwan and Malaysia. on the other hand, almost ill lOeul of the entertainers, .for who are mostly dancers and singers, were bound Japan.
Another female-dominated occupation is the medical field or health. Nnrses comprise the-majority (at-least 75oh) of the medical professionals hired by the West Asian
States.
and the United
countries
during the Conference on "Protecting Filipino Women Migrant iVork"r", problems and Challenges,,;
Philippine Columbian Association, 3 March 1995.
*A paper presented by Hon. Jose S. Brillantes, Secretary, Department of Labor and Emplol,ment,
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ISSUES, PROBLEMS AND CHALLENGES employment Program, of undesira'ble consequences or setbacks' some.p.robt:^T-:^:":.H:: issues' wnrcn to rlag'the p.og.Jn'" smooth implementation. Some of these are Persistent are- Problems others off. to shake difficult most *,r1S consequence", seem to be natural of the more Some market' labor bome out of recent devellpments in the intemational are: of women employment overseas the in prevalent ;;;;t"g unfavorable realities
Despite intense efforts
of
government
to minimize, if not rid, the overseas
1. Concentration in Extremely Vulnerable Occupations -'As a countrydevelops,thereisatendencyforitsnationals,torefusedirty, citizens of poorer demanding u.d iu.g".ous iobs, leaving this market to "our female of predominantly consist placeirents countries. Hence, and service domestic in usually sector, service the traditional skills in
entertainment. Because of the nature of duties and conditions peculiar
totheirworkenvironment/householdworkersandentertainersare
exposedtomanyrisksandexploitation.Itisbelievedthatquitea
as sexual number have been subiected to dehumanizing conditions, such commodities and/or slaves as treated even and abuse, physical assault, to mention that are teing sold from one employer to another. This is not families' their from away while iuffer they the loneliness and depression
Often these occupations are not covered by l."!9t..lurys of the.host countries, countries as in singapore, saudi Arabia and most Middle East a problem is abuses from protection enough them affordin[ ,1t", r".f-,
in
itself.
2. Attacks on the Reputation of Filipino Women - The systematic tuUoi ,"g*"ntation of our women in ihe economically and socially .,r,a".uoi,r"a job categories of domestics and entertainers cause serious women attacks on the reputa-tion of Filipinos in,general, and Filipino morale' and self-worth low already in damaging f,rrth", in-ou.ii.,rtut, "prostias stereotyped are ii ir"ir-a*tted, travelling Fitipi"o women "maid"' as stereotyPed is she drissed, irr"r", while if so-so
overseas 3. Job Mismatch and UnderemploymTt - Filipino women considering underemployed' and undervalued *ork"r" are economically
their level of education and skills. They are in their most reproductive should vears upon deployment and potential is economic contributors overseas. "de-skilled" are they instead, but tr"" u"f" ham"ssed locally, ^f.r-i"t"".",
;;*;;
a good ,r,r-b". of our teachers and college-ed1c;ated .o*p.o*'it" their stature and work as domestic h+"-t: in Hong f""g, f"i*"'ry Canada or Italy where the salary is relatively higher and
regulated bY the host govemment'
overseas employm"it, so does ProsPects for.illegal recruitment'
4.CasesoflllegalRecruitment-AsmoreandmoreFiiipinosseek
l":il* take of their deep iesire to work iu.oud, workers actually willinglymore
the risk of being illegally recruited' In minor cases' applicants Pay
,t,un tt'r" lega$ u"J"pt"a fee' But more notorious cases involve traveldocun-rents,recruitmentfornon-existentiobs,ortakingonillegal alien/worker status in the country of destination'
fake
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For womery illegal recruitment usually takes the form of travel on tourist or student (as in the case of Japan) visas but they would eventually obtain work prone to oppression and manipulation by their employers because of their illegal status. This usually involvLs the collusion of unscrupulous elements, like the dreaded iakuza, and the toleration of foreign host govemments
5. Need for Protective Mechanisms - The need to institutionalize protective mechanisms, especially for the highly vulnerable occupations taken on by-women, remains a challenging task for go.r"m.r-t"nf as this requires a delicate balance between concems of mirket development and worker's welfare.
we believe that worker's n'elfare and protection are best served by bilateral labor agreements and/or social iecurity agreements. How_
will and diplomatic goodwill.
ever, these ties require enormous amounts of bargaininf power, political
that families of migrant workers have come to rery onlontract mifration as a permanent, rather than a temporary strategy to meet the farnily,s
needs.
problem of reintegrating into the mainstream of social and economic life. The issue of return migration cannot be divorced from the whole problem of increasing the economy's capacity to absorb people into productive employment. Lack of employment opportunities,io* wug;"s, and the difficulty of maintaining a raised standard of living mide possible by migration generate further contract migration. tt ippears
6. Need to Reintegrate Retuming Migrants - As in the case of most overseas workers, returning women workers are confronted with the
7. Social Consequences - Lastly, the impact of contract migration extends beyond economic structures to soiial structures and value systems. working in a different society affects the individr"ral worker,s value systems. The worker's absence from her family for long periods also affects the family and marriage relationships. N'eedress tJ say, the absence of mothers in many homes has its negative toll on the social and moral fiber of society. It has yet to be proven that the economic gains brought about by overseas work outweigh its concomitant social
costs.
GOVERNMENT' RESPONSE AND POLICIES
. . Th: Philippine govemment takes seriously *he socio-economic, political, psycholog_ ical and even cultural problems posed by the missive migration oi*orn"ry as well as the "DH" or "Japayuki" mentality which such phenomenoi-r has created in many of our women including ft" The present leadership is now trying very hard to tum I_gu-"g the situation around. While we realize that this cannot be done inimediately or in the tl":1,1"1-, we are putting in place policies and mechanisms that may stem the outflorn, of Filipino women workers and end their entrapment into intemaiional slavery and
servitude.
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attractions of higher
Itisafactthatmigrationforemploymentwillremainunabatedbecauseofthe *uf"t i.t labor-short economies. But within the context of pursuing that the country succeed intemational opportunities for Filipino manPower, it is our goal the global market' attrictions.of the despite home forcJat labor its in fully employing socially satisfying
that offers The vision calls for a stable macro-economic environment
iohs for the vast
!;;;y'ir
almost irational preoccupation to get an overseas iob'
at intemationally competitive levels of income' A robust ûioriiv although not a sufficient, condition to dampen the rri."rro.y, rn"r"r"r"'u
Whilethestageisbeingsetforeconomicexpansionand-growth'werecognizethat legitimate alternative for the overseas u.nploy*".rt p"rog.u* shall remain a viable and It is not the singie almost options. available Fi;p;";;;.t"rrl U,rt only one-umong.many growth' personal and mobility altp".uru path to social
focuses primarily on the This notwithstanding, our overseas employment pfogram of the progrant, centerpiece the Being workei. the migrunt Er nrorection and welfare services to meet and of facilities I;;;k;;';;;tro." n,ra protection rieant the provision work overseas' find who.seek"and the individual needs Jnd aspirations of Fiiipinos remains to be workers for mechanisms protective However, the need to institutionalize diplomacy' internatask. Priorities and programs have centered on labor of the restructuring and "-.n"1f""g*g of welf"are and social services, tional cooperatiory "*funrlor", concerns' program itself with built-in foctts on women
reinforce the foliowing Programs of intervention:
InordertoPutintoeffectthesepolicydirections,wearecommittedtoPursueor
effective way 1. Workers Empowerment Through Education - An for responsible become and ch&c'es of helping workers to make righton information or education through them emPower themselvJs is to pre-deparand Pre-employment employment' overseas about matters and entertainers)' ture orientation seminars (custom-made for domestics for aspiring available made are services and information
;;;;;ii;t
and hired contract workers'

Contracts 2. Development and Adoption of Standard Ernployment skjlland country-specific a on standards minimum - W" p.nr..ide the notably' risk' at specific basis, primarily for occupations most periodic undergo contracts tu-" Th" ;i;;;* ;.i."'., una eitertainers. and in the review and revision to attune them to developments here
host countrY.
Domestics and Entertainers - New these two vulnerable svstems of documentation and deployment for additional requireprescribes ;llb;." ;"w in place. The Depariment of said workers by recruitieploymenl the for -"rlt, u"a pro."dtt.", workers' and principals, foreign ment agencies,
3. "Professionaiization" of
domestic helpers, the foreigrr placement .a.g.""".y/ principaishcruldsecureapre-qualificationcertificatefromthei,hlltPPlne foreign principal Labor Attache, a ioint affidavit of undertaking !f 1n" t*pl"f:lli!t.:..,:f faithful assuring and a Irhitippine ,i: -futl agency assumption of responsibility and liabllrty over tnelr contract, and
in the case of
1995
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hired workers, etc. On the worker's part, the minimum age is Eet at ?! y"utt and he or she should undergo kaining provided by the
Household Workers Center, where even foreign language cours"s are required to lessen communication problems. Needless to say, only duly trained and certified workers are allowed to work overseas.
the artist will not be engaged in indecent activities and that the-workers's contract is adhered to. Moreover, the performance venue should be prequalified by the Philippine Embassy. On the other hand, workers should acquire a competency certificate from TESDA, as proof of academic and skills training and testing. upon certificatiory an irtist record book shall be issued to the performing artist. women performers should be at least 23 years old.
- Likewise, for performing artists, foreign employers/promoters should be accredited by the Philippine Labor Attactie and should post a cash bond of US $20,000 or its peso equivalent, an affidavii of undertaking between the foreign promoters and Philippine agency that
Anti-illegal Recruitment Measures - We view that the problem .4. - illegal of recruitment stems from the public's lack of informition on
the overseas labor markets'as well as the rules and regulations goveming overseas employment. Given such a situatiory we embar[ed on a massive education and information dissemination program. We have allocated a special fund meant to educate the pubfic and disseminate information on how illegal recruiters operate with the end in view of changing behavior and motivating people to use only the legal channels of recruitment. Our anti-illegal recruitment campaign is wiged on all fronts utilizing extensively multi-media and cooperitive arringements among local govemment units, police authorities and other pririate and
govemment agencies.
can make the most of their hard-eamed money. Business counselling qar$ng and information services are offered to returning workers thinking of engaging in entrepreneurial ventures. Also, -livelihood programs are available to their families.
concems are better understood and appreciated by women themselves, so female labor attaches, welfare offiiers and workers center coordi: nators have been assigned in countries with high concentration of women rvorkers. These_-are il Holg.Kong, Japan, Brunei, Singapore, Taiwary Saudi Arabia, United Arab Emirai*", e.e"c", Italy andspain. 7. Diplomatic Negotiations with Host Govemments on welfare and Pro.tection -.As-a major sending country our government has sought
5. Reintegration of Retuming Workers - As early as in the preemployment and pre-departure orientation stages, our workers are given motivation to think ahead of the future.-Th"y are encouraged to plan.what they intend to do after their overseas stint, and how tf,ey
5. Posting of Female Labor Officers - We believe that women
and maximized various bilateral or multiJJteral arrangements"to

promote the welfare of Filipino workers. on the bilateral levil, we have secured social security agreements with Austria, spain and the united
20
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Kingdom. other social security agreements are being prepared and worked out with France, Italy, Indonesia, Canada and Quebec, the Republic of Palau and Micronesia. Such agreementsare important since
they provide extended social security coveraSe for Filipino workers even after-they have retumed to the Philippines. 8. Intemational cooperation and Action - on the multilateral level, taken every opportunity to bring the plight of migrant workers have we to the attention of-the intemational community. We assumed a very active role in the preparation of the final draft of the u{ Convention on the Protection oi Ail Migrant Workers and Members of Their Families
last November
1993.
Among others, we have ratified ILO Convention No. 19 - conceming the equality of treatmerit for nationals and for migrant workers as regards to workmen's compensation for accidents, and ILO Convention N;. 118 - concerning equality of treatment of nationals and non-nationals in social security. Other Philippine initiatives covered two resolutions on violence against migrant women workeri ln the UN Ceneral Assembly and the UN Commission on the Status oi-Wo*"1 (calling upon both sending and receiving states-to conduct regular consultations for the p.,ipoi" of adopting specific measures to address this type of violence and to set uP mechanisms to implement these measures)'
Moreover, we are one with the international community in raising concern oyer the illegal trafficking of women and children, and in finding solutions to address violations against human rights and dignitY.
FINAL NOTE
In conclusiory we should view intemational migration in the context of a global ph".lom"nory and overseas employment as an inherent feature of the international
economy.
just angthel But we hope to see the day when contract migration will be relevant as employed are our women day when that aspirations, their fulfid to ivorkers option for our productively and with dignitY.
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EXISTING PHILIPPINE LAWS, RULES AND REGULATIONS AFFECTING FILIPINO WOMEN MIGRANT WORKERS*
By Felicisimo O. Joson, fr.
I wish to congratulate the Ateneo Human Rights Center (AHRC) for sponsoring .. this forum on women migrant workers. I think it is a positive sign of the times whei such a distinguished institution as the AHRC concems itself with-the protection of our women overseas contract workers (OCWs). I am also very pleased to be in the company of-knowledeable and committed resource persons and-speak on the existing iaws affecting Filipino women migrant workers. . Before I go into the details of laws on overseas employment, I would like to put in perspective the rationale for regulation in the contracl migration program" Laws as a rule are meant to Put a sense of order, to establish rules of conduct.-It is meant to protect those that need it most" A famous phrase sums it up: "those who have less in life must have more in law."
framework for negotiations between wotker and employer.
The conflict between
In labor, laws are meant to establish the fundamental rights of the worker and provide
to[l laissez faire and the need to regulate is not new. The laissez fafue approach argues for growth and jobs; the laws utg.r" lot eqrritability and stability of employment.
growth with social objectives. It is not an easy
Between these two polar forces, govemments must find a middle ground
task.
economic
According to a recent paper by Michel Hansg "The world is in the midst of the worst employment crisis since the great depression. The crisis affects the industrialized nations.and developing countries alike. Thirty percent of the global workforce, some 820 million men and women are afflicted by unemployment andunderemployment. Job
insecurity is increasing everywhere."
The same Intemational Labour organisation (ILo) paper goes on to say: ,,while the benefits of a market economy are indisputable blank-et d-eregulatior, -- iu unlikely - that to unemployment. xxx This is not to say regulatorli status quo should bL -resolve defended myopically. Some adjustments need to be male to iules xxx."
Ygu might wond"r__{{ I bothered to quore rather lengthily from the paper. My basic thesis is that the ILO framework is
applicable to contict migration. We have to colne uP with rules and regulations that consider two sides of the host - theJealities country's laws and regulations and our wish to protect our migrant workers, especially
the women.
with that in place, let me now proceed to the substance of my speech.

presented by Hon. Felicisimo O. Joson, Jr., Administrator, Philippine Overseas EmploFnerit Administration, during the Conference on "Protecting Filipino Women Migrant Workers: Problems and Challenges", Philippine Columbian Association, S [4u."h tSqS.
* A paper
t,
OCWs
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1995
Your theme is "Protecting Filipino Women Migrant Workers: Problems and Challenges". But as I went over our laws, I realized most of these are gender neutral; they do not bear exclusively for women migrant workers. This would mean that my discussion cannot focus on women alone but on the entire migrant worker population. Of course, some of our policies and programs are biased towards women, the household workers and entertainers, considering that the nature of their work exposes them to abuse and
exploitation. We all know that the downside of contract migration is breeding controversies, both locally and worldwide. A decade of confract migration has led to,charges of slave trade as a govemment policy to political helplessness in the face of abusive employers and arrogant host countrY Policies.
We have developed a set of laws to ensure that both the economic and social decent workplaces. objectives of contract migration is achieved - quality lobs in However, the problems and experiences of the fecent years have shown how badly we need to constantly respond and struggle to Protect our workers.
POEA MANDATE
IN
PROTECTING MIGRANT WORKERS
Our regulatory responses to contract migration has its origins in the Philippine Labor Code (Presidentiai Decree No. 442) which took effect on May 1, 1982. Of course/ ttris not to say that there were no laws protec.ing our migrant workers. There were but P.D. No. 442 ind the subsequent rules and regulations governing overseas employment were ambitious attempts to codify and integrate all the laws on overseas employment.
THE LABOR CODE

Book One Article 17 of the Philippine Labor Code defines the functions of POEA. Allow me to give you a brief rundown to serve as a reference point later on.
First, to regulate the participation of the private sector in the program by setting up a licensing and registration system;
Second, to formulate and implement, in coordination with other entities a system to promote and monitor the overseas employment of Filipino workers considering their welfare and the domestic labor market.
Third, to protect the rights of Filipino workers to fair and equitable recruitment and employment practices and ensure their welfare; and
Fourt[ to exercise original and exclusive jurisdiction to hear and decide all claims arising out of an employer:employee relationship or by virtue of -any law- or contract
invol'iing Filipino workers for overseas employment. These include disciplinary cases; all pre-e"mploy*"nt cases which are administrative in nature arising out of violation of the^conditioni of issuance of license or authority to recruit workers. ing guidelines to thJ Labor Code. It spelled out in great detail rules goveming these fnicions according to our program areas - employment facilitatiory welfare services/ licensing and inspe:torate, and adjudication cases.
The rules and regulations governing overseas employment served as the implement-
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EMPLOYMENT FACILITATION
ln. the employment facilitation stage, foreign employers and principals undergo an accreditation scheme on their legitimacy to conduci business in thJ host - checking country/ employment and compensation schedule. For domestic helpers and entertainers, we-have proposed what we term as "prequalification" scheme *i-,"re o,r. posts check andsc-reen employers wishing to hire ouiwomen workers. A posting or ir100,000 bond for every 50 workers hired is also part of our requisite. More iirportantly, both local agent and employers-are to be jointly responsible ind liable to the worketr b"i.rg hired. All acts of the employers are considered acts of the local agent. This, we hope] wiil force local agents to be more selective in the type of employ6rs they service. ]ob 9rder9 or manPower requests are also verified by lhe Office of the Labor Attache in the jobsite, then approved upon verification on ihe existence of the jobs.
LICENSING AND INSPECTORATE
'
Recruitment of Filipino workers for overseas jobs is only allowed either through the licensed recruitment agencies or name hire facility of pOEA.
To,ensure the legality of recruitment entities, a rigid filter system is in place to screen out fly-by-night oPerators- For.example, corporations rather than'individual proprietorships are encouraged. This is. based on the premise that a corporation is in a'betier position to assume corPorate liability and better managed and run. Other requisites: a minimum capitalization of P lM; a surety bond worth F50,000.00; license fee of F30,000; NBI clearances,:l-tit" inspections and orientation programs. Holders of licenses are required to renew their license every two years.
Of late, there have been instances of licensed recruitment agencies being used as fronts.by illegal recruiters. These licensee holders allow the illegXl recruiter 6 operate
on their premises in exchange for monetary rewards. We have stepled up our ,tr-"illurr." operations to halt this practice and those caught are in dangei of loiing their license"
WELFARE SERVICES practical way to ensure worker's protection is to educate the contract workers by information dissemination.
For example, pre-employment and pre-departure orientation seminars are conducted deployment. on the rulls and procedures on.overseas employment tci avoid being victimizedby illegal recruiters. The litter is for departing workers'who are given ,ip: oi \ow jo cope during their overseas employment stint; wh-at to expect at the joisite; their rights insofar as the employment corrtia.fs a." concerned; and iupport ,r"i*ork, they can tap in case of problems and calimities. I am huppy to note thut *" have an orientation module which is specific only for our dornestii^helpers bound for different countries.
3 pl:pu.: both -the prospective applicants and those who are ready for The first gives information
ADIUDICATION OF CASES
.. lases arising out of employer-employee relations and violations of contract are being adiudicated by POEA. We want to uphold the rights of the workers and ensure that
24
OCWs
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contract terms and conditions are complied with. This is very important since one of the most common violations against the worker is contract substitution. He or she is made to sign a contract here in the Philippines which is promptly replaced by an inferior agreement once he or she reaches the jobsite.
We are also pushing our free legal assistance program with non-govemment organizations (NGOs). The program assists the worker in filing a case but, more importantly, it advises him or her if the case is indeed ripe for adjudication. Given the clogged docket and legal system, it is in the best interest of the worker to know the crucial difference when to litigate.
MECHANISMS FOR THE PROTECTION OF MIGRANT WORKERS
Generally, the basic document on which the worker relies for protection is the employment contract. POEA has prescribed a standard employment conLract (SEC) which sets forth the minimum terms and conditions for hiring our workers. The minimum requirements include: guaranteed wages for regular working hours; overtime pay for services rendered beyond regular working hours; free transportation from point of hire to site of employment and return; free emergency, medical and dental treaLment and facilities; just causes for termination of contract; workmen's compensation benefits and war hazard protection; repatriation of worker's remains in case of death; assistance on remittance of worker's salaries; and free and adequate board and lodging facilities.
Again, I am happy to say that we have come up with two sets of SECs exclusive for our domestic helpers and entertainers. We even have Bone as far as implementing "country specific" contracts for our domestic helpers, taking into consideration the laws of host countries such as Hongkong, Canada and Singapore.
With increased female participation in overseas jobs, a built-in focus on women concerns is reflected in our rules. We have started our change agenda. Last October, we began irnplementing a set of policies which will in effect limit the deployment of
domestic helpers and entertainers. Our strategy is simple: no domestic helper or entertainer can leave the country without adequate preparation in terms of skill and psychological makeup. Our labor posts will check on employers before we allow them to hire our workers. The local agent here and the foreign employer are jointly responsible for the worker. Unfortunatelp the homeworkers center for domestic helpers and the artist record book for entertainers have met stiff opposition and legal impediments in the form
of temporary restraining orders
(TROs).
Selective overseas promotion is a strategy which we enunciated two years ago. We want to exploit the opportunities in the global market but with a preference for high wage and low risks skills.
We are giving equal importance to the continuous search for new host countries with better terms and benefits for our migrant workers. We want the all-encompassing mantle of a bilateral agreement but we have met limited success in our efforts. Bilateral agreements require enormous political and diplornatic clout and a willingness on the part of the employer country to assume responsibiiity for our workers. So far, only three with lraq, Jordan and lran. such agreements have been forged
However, we have been successful in forging social security arrangements with some countries, namely/ Austria, Canada, Italy, Spain and lndonesia. We are joining hands
7995
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with progressive host countries and employers to set respond to work and cultural problems.
up migrant centers to quickly
we are crafting a package of incentives for our workers: coverage under _Fin1lly, our Medicare and social security; improved insurance coverage; and loans to colver costs of recruitment, business ventures, housing and education.
- Filipino OCWs-. The objective is to 6ring timely and cohpetent for health care to OCWs, the members of their immediate families as well as their hependents.
PROPOSED BILL FOR THE PROTECTION OF MIGRANT WORKERS
of this year, we implemented the compulsory medical care coverage _L3t! January_1st
Allow me to mention a significant piece of legislatiory House Bill No. 13895 otherwise known as the Magna Carta for oCWs. The bill, principally sponsored by congressman \?p"r, has two obiectives: tct. promote the welfarb and-protect the rightsof all-overseas Filipinos; and to encourage their active participation in Philippine and society ""6rro*y through appropriate incentives. Its greatest impict lies with the provision thai deployment of. overseas Filipino workers will be allowed only in countiies with laws protecting migrant workers. The bill is still pending upon approval.
CONCLUSION
than President Fidel Ramos has acted aJ spokesperson time in ApEC and - the lait in again when he addresses the World Summit for Sbcial Development Copenhagen this March. I have, during the 19th Congress of the Federation oi Free Workers lasimonth
pushed for the signing of the United Nations Resolution for the rights of migrant workers.
. t"
Philippines has taken lead in espousing the cause of migrant welfare. No less
and Maria Masipag.
But I can assure you that our agenda goes beyond migrant protection. we, in Sovernment, have a vision of a better future in wliich thl OCWs will have - a future the right and privilege to stay at home. We want to hamess their skills and talents in the-n-ever-ending task of nation building. We want them to join the ranks of Juan Maunlad
intemational leadership.in migration issues. We should take lhe iead in initiating multilateral action on migrant *orkers such as reciprocal social security arrangementi and joint conduct of information programs on the protection of migrant work"ers. We must raise international concem on the violation of-human rights oi migrant workers, intemational syndication of job recruitment and the illegal trifficking on women and
children. We must work to emphasize the economic and iocial contrif,utions of migrant
In the meantime, let us work towards a new political and social order for migrant workers. As the number one supplier natiory we are in a unique position to issert
workers to their host countries.
Let us work together to Protect una aua" for our migrant workers, , Let us reach out to one another
and to the migrant w-orker, especially those with the least access to information and power the do"mestic helpers and the-entertainers. Let us speak to them not only of our laws but of our visiory olr plans and hopes for them.
men and women.
After all, it is our collective responsibility to empower the Filipino migrant worker.
26
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1995
THE GOVERNMENT WELFARE PROGRAM FOR FILIPINO WOMEN OVERSEAS

CONTRACT WORKERS"
BY
Yivian F. Tomea
INTRODUCTION
in the number of Filiping .*o*:1 :uerseas contract workers years is a result of the evident shift in skills demand by labor ten last th" (ocws) ov-"r workers, transPort ieceivins countries. From i traditional demand for production Process there had been a fields, primarily.male-dominated have been ;;;;;B;;.,-*hLn more preferred' are OCWs women which for workers, service for d;;g market
The significant rise
and professional deoloved overseas. These workers are predominantly engaged inservice and medicalltaff in the progressive countries entertainers, helpers, J.*"rti" ;f,"',ilh.r
It is estimated
that there are now three women out of every five Filipino
ocwl
of Asia and
tlne Middle East'
which Filipino.women misration issue, especially in light of the vulnerable situation under government, the Sender issue of the part On i;ttwr;;;".r#ry ""por"d"ou".seas. .the employment PTql?y has opened .r"* u."u, of .on."- for the govemment's overseas our female OCWs' of the interests ir, ,".*" of promoting the welfare and piotecting of our vulnerability of window closing-this of e, *"ff, it poses a d?fficult challenge
to the Filipino labor This phenomenon has created a sensitive political dimensjon
women OCWs.
for.Filipino This brief presentation focuses on the Sovernment welfare PrgSFam uy thg administered programs various tie highlights it women oCWs. In particular, central government's the b;i"' (OWWA), Administralion Welfare Overseas Workers OCWs' Filipino ua*it irourirre machinery for the welfare of
OWWA'S GENDER-ORIENTED PROGRAMS
the owwA has In its ten years of seryice to the Filipino oCWs and their families, needs before' clients' its to in response been implementing weliai" progru-" ani services overseas' during and after employment concem has to do with However, one area that has recently drawn the owwA's nature of their jobs' the Given. oCWs. th" *o.kirrg condition of our Filipino ,"o1"n more susceptible are workers helpers,^these domestic u.rd for example, u, "rr,"roirr"r" recent experience of repatriating Our p-rofessions. other in those to ,;^";;r;'"o*pur"d *o*"., OCWs fromilebanory Kuwait and Japan bear out this fact. i;.;;;;;Ftf
to address the specific needs Thus, we have embarked on a number of botd efforts
-APryerP."-"tedbyMs'VivianF.Tornea,officer.in-Ch.arge,FieldServiceofficeoftheoverseas on "Protecting !i!ipr*o -!vô-men workers welfare ea-i"ilt "io.r (owwA), during the conference Association, 3 March 1995. Columbian Phitppine Chat"ng"",,, u.a froUl.-" il;;; W.rt"r",
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of Filipino women OCWs. These initiatives are underscored in the OWWA's strategic plan which is in line with the government's vision of Philippines 2000.
Country-Specific and Work-Specific Programs
To enable us to extend the reach and increase the impact of our program for women OCWs, the O\AIWA focuses on the needs of women OCWs according to skill categories and country of destination. For instance, we realize that the concems of a domestic ielper in Hong Kong are different from those of the entertainers in IaparU just as the mlle medical workers have different needs from their female counterpuits in terms of coping with their work environment.
a. Peer Counselling Project for Women
_ Ot9 of the major projects that we implemented starting this year is the Peer Counselling Project for Women. It aims to provide a mechaniim for assisting women workers to coPe with the adverse effects of overseas migration. These adverle effects stem from two major problems most recognized and faced by women.
In the Homefront the burden of single parenting in the absence - women carrying of-the spouse plus the accompanying problems of loneliness, press.tre anl intrigues from
relatives.
- and domestic service industry, women become vulnerable to thl in the entertainment risks of exploitatiory abuses and other maipractices from employers.
In addressing these two major problem areas, the owwA seeks to go beyond the mere strengthening of women's individual capability to handle domestic responsibilities. Through the development of an awareness to respond to sectoral concerns in a collective manner, the project hopes harness the potentials of women OCWs in contributing -to to national development efforts as active partners of their male counterparts.
Implementation of-the Peer Counselling Project for Women considers two major comPonents based on the problem areas it seeks to address. These are the communiiybased implementation and the job-site implementation.
esse_ntially the core group
On the Job-site
because of the increase
in the demand for women OCWs especially
The basic unit for implementation is the peer counselling circle (PCC) which is
PCC is- mainly responsible for organizing women/s groups through the delivery of counselling services. The membership of PCC is strongly oriented on women's issues and highly trained in organizing and counselling.
organized community-based operations through existing organized !aye_,a]so ocws, existing women's organizations ncit entirely composed of-ocfrs, and the formation of new groupings. groups of
of women volunteers in each community or work site. The
We
In the job-sites, implementation is carried out through identified areas with large concentration of women OCWs, high-incidence of women-related issues and problern-s, 1ng Sood potential for women organizing. This is realized with the help of ih" Lubo.
Officers and at least two project officers and NCO tie-ups.
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OCWs in.CRISIS: Protecting Filipino Migrant Workers

Desk
1995
b. Pilot NGO Women's
Another project that the OWWA spearheaded in line with advancing the cause of Filipino women OCWs is the setting up of a Pilot Desk for Women OCWs at the OWWA Development Center. This project was made possible through a collaboration between the OWWA, the National Commission on the Role of Filipino Women (NCRFW) and a number of NCOs working for women's cause. The project aims to:
provide gender consciousness training and orientation to departing workers;

serve as venue for continued dialogue concemed agencies; and
on women migrants issues among
facilitate the setting up of Special Task Forces to respond to emergency situations involving wonlen migrant workers.
As a major strategy, the gender consciousness/sensitivity and orientation endeavors
raise the conscionsness of women workers about the gender issues in migration;
equip OWWA officers and labor attaches with an appreciation of the gender dimension of their work when dealing h'ith women OCWs; and
develop a referral network of services and emergency assistance for women
OCWs.
c. Strengthening the Pool of Women Overseas Labor Officers A third project being pursued by the OWWA together with the Department of Labor Employment and the Philippine Overseas Employment Authority concems the posting overseas of more women welfare officers and labor attaches. This is aimed at beefing up the staff complement of the Filipino Workers Social Centers in the rrarious regions with large concentration of Filipino women OCWs to better cope with the increased
volume of welfare
cases.
We have now a total of nine (9) women welfare officers and four (4) women labor attaches deployed in different foreign posts. This new development is expected to significantly enhance the responsiveness of our overseas assistance program particularly to distressed women OCWs.
d. UNICEF-UNDP Project for Gulf War Evacuees

Another relevant proiect focused on women OCWs is the United Nations Development Program (UNDP) and United Nations International Children's Ernergency Fund (UNICEF) education/training grant for OCWs affected by the 1991 Gulf War and implementecl through the OWWA. This project includes women OCW evacuees and their dependents as its priority target group. Its purpose is to provide educational and/or training subsidy. As of the end of 1994, the total number of grantees under the UNDP Program has reached 389, while there have been 1,965 grantees under the UNICEF
Program.
1995
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29
WOMEN WORKERS IN FOCUS

this point, to allow us a better appreciation of the ol4trwA's programs women - --4t let us look quickly at the working condition of these workeri and for OCWs, the sort of intervention that we have in place in response to it.
Allow me to narrow down the point of view of this presentation to the specific
The Case of Entertainers in |apan
We focus on two categories of female workers who, in our considered view, deserve the most attention of the Philippine govemment: the entertainers and the domestic helpers.
OCW groups which by and large are the principal subjects of our gender-oriented projects.
*o*".
Among-the widely recognized group of oCWs are the entertainers in Japan. They are widely known because of the many sordid tales told about them - tales whicir often happen to be real stories.
Entertainers account folthe biggest group of foreign workers in |apan and Filipinos make up the bulk of this. The Philippine Libor Office in Tokyo reported that gS|% ot the total number of workers deployed in Japan, or about ss,ooo in 19g9, arc female entertainers. In the same_year, approximately the same number, or about 40,000 Filipinos :"T|:q Japan illegally. Most of these illegal entrants worked in Japan as enterrainers. In 1991, some 57,000 entertainers entered japary compared to only ibout 5,000 trainees deployed in the same year. Moreover, the largest ptpulation of illegals in Japan are Filipinos.
The 1992 rePort stressed that 95% of the entertainers are hostesses or receptionists. As such, their duties include sitting and dancing with clients, singing with them karaokestyle, lighting their cigarettes and mixing their drinks. The reirairing 5/" ate singers, dancers, musicians, and novelty actors.
Entertainers face a multitude of problems in Japan. From the start, they have to deal with many unscrupulous Filipino- agencies and unauthorized agents. fhen they reach Japan, they still have to conlend with Japanese promoters wh6 fleece them off the fruits of their labor. In fact, close to 70/" oi entertainers get only US $ 300 to US from contracts paying two to five times more a month.-Already underpaid, they $ .7o0 still have to face the many hazards of their trade.
Because of the very nature of their work, entertainers are open to exploitation and sexual harassment. Their situation worsens with the practice of- dohan, the compulsory dating or meeting with customers outside the clubs, where entertainers are left without the protection normally provided in the confines of the work area. Thus, this practice allows. and encourages prostitutiory thereby pinning a more derogatory label on entertainers as prostitutes.
would leave a club not only completely broke but in debt.
The problems do not end there, however. In one case, a club in Roponggi reqrrired _ dohans per month, or nearly one date ev"ryaalla fi'ne of q]1ls t9-yeet a quota of -25 US $ 100 was imposed for every dohan missed. Thus, in many instances, entertainers
Fearing discovery,
Moreover, the illegal status of half of the entertainers in japan worsens the problem. these illegals are forced to work long hours'at low wages. Ai a result
30
OCWs
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Protecting Filipino Migtant Workers
1995
of the severe penalties prescribed by lapan's new immigration law, many entertainers in small pubs, particulirly ouside Tokyo, do not call for help from authorities even when they ar" iick. L:r many cases, authorities only get to know about the workers' plight wh'en their problems have alreadyreached tragic proportions. ln 1993, there were i9-reported cases of mental illness while for the first five months of 1994, 15 were
home to eam more money/ culaual adiustments, language barrier, poor working conditions, cruelty of employers and the state of being forced into prostitution or drugs.
OWWA's Response Welfare programs and services are available for entertainers. Direct intervention services are availible through the Filipino Workers Social Centers (FWSC) in Tokyo. Yisits
recorded. The common reasons for these psychological cases are loneliness, pressure from
to the outlying provinces are also conducted regularly to bring welfare assistance to OCWs employed" in"these areas. Counselling services are readily extended by the OWWA interpreter and officers.
While assisting OCWs in emergency situations will continue to be provided-on-site, the OWWA has ilso explored other avennes to curb the incidence of problems of
entertainers in Japan. Since half of the entertainers entered ]apan through illegal channels, the government,'tlrough the Department of Foreign Affairs and the f)epartment of L-abor
and"Employment, has- forged ir, ugreem"nt with the Japanese -Embassy in_ Manila .to prevent tr.ih". illegal entries. Speciiically, agregmenls were made on the following: (1) Lxchange of informition on illegal recruiters, and (2) Japanese Embassy to exa_mine more carefull"y the issuance of tourisi and other visas to yoy.g female applicants'.It was also. agreed Lpon that action will be taken against illegal recruiters whose modus operandi iJ to smuggle Filipinos to Japan using tourist visas. Another initiative the OWWA has taken is networking with NGOs on-site and private recruitment agencies that would ensure the quick resolution of welfare cases. This forum is also envisiJned to oblige the industry to ensure that the entertainers they deploy get the best possible contraci terms and will be treated well by their employers.
The Case of Domestic Helpers in Singapore
The Filipino domestic helper population in Singapore is placed at 53,000 or about 90% ofthe total maid population inthat country. Singapore hires foreign domestic helpers because even their *om"tt have to be employed in highly technical jobs outside the home'
For the Philippine government, the most important issue which it has, time and again, sought to resolve is that.ro less than 90"/" of Filipino domestictrelpers_in lingapore uiq mer"ly"tourist passport holders. The,enlry of these workers is allowed-by Singapo-re
authoritie! through the issuance of work permits to tourists, commonly known as the
tourist-to-worker-scheme. From the point of view of the Philippine govemment, however, they are illegal workers.
in Singapore. must first PYt''P a.security depositof To get a maid, an employer ^the: good behaviour. Good behaviour means that the rnaid's to S$ 5,000"as a guarantee she will not work in another iob other a Singaporean; to married not"get will maid than that specifftd in her contract; aid-she will not remain in Singapore after her work p"r*it is clncelled. Should the maid violate any o! these conditions, the employer loses iris or her deposit. Besides the security deposit, the employer. Pays the govemment a
1995
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monthly tax of S$
250.
- ft9 working conditiorrs of a maid depends on her contract. But the very nature oi.he1 io-b puts her on call any time of the day or night. The maid is entitled tb a dayoff ideally, is once a week. But because mostlmployers find it difficult to cope -which, with the weekends without their maids, the common compromise has been a aay-off for maids every other week, the lost day off paid for with S$10.
The nature of the maids' complaints are varied and the number of complaints are increasing. For the first quarter of last year, the number of complaints received reached 286, registerng a 5"h increase compared to 270 complaints in the last quarter of 1993. Likewise, the average monthly accommodation of distressed Filipinos at the OWWA C-enter rose by 15% to 841 in the first quarter of 1994 from 731 in the last quarter of
1993.
- The three major causes of workers'complaints were physical assault/maltreatment/ harassment (123 cases), non-payment of saliries (48 casei),-and illegal employment (L2
cases).
- There-are many reasons why maids and their employers do not always have good relations. Language and the maid's rural background ire'the most common o.,"r. Th"." have been many rePorted_cases where employers exploit their maids by making them work very long hours, making them work in shops aiide from doing household ihores, and underpaying them, if they are being paid at all.
"misbehaves",, employers often put a leash on their maids by not aliowlng them to use the phone, Iocking them inside the house when they leave, and opening thelr mail. Many employers insist on keeping the maids' passports and work permits-which are legally
._ . P":"r"" the employer stands to lose his or her security deposit
if the maid
part of their persons.
many horror stories to tell. Majority of the derivative on-site probl6ms, however, can U9 lralf to a single cause -- Singapore's disregard for the ove.tlas employment policies of the Philippines. In many cases/ the maids' complaints cannot even be litigated 6""urr"" of the nature of the tourist-to-worker scheme. ThL recruiter is seldom knoirn and travel agents easily escape responsibility for the workers, plight.
OWWA Response
- Even as legal entrant, OCWs find it difficult to work in Singapore. It is worse if they have entered illegally. Maids who have entered Singapore Ueailng tourist visas have
The OWWA Center in Singapore is open daily to assist distressed workers. there to provide almost all kinds of assistance.
It
is
But unless the source of the occurrence of distressed workers is stopped, all the derivative and subsequent problems of the tourist-to-worker scheme will continue
unabated.
to Singapore as far back as.1990 as part of the Philippine govemment initiative to seek the. cooperation of Singapore to curb the tourist-lo-worler scheme and to provide assistance to distressed Filipino workers.
Cognizant of all these problems, a Mission composed of senior OWWA officials went
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The Mission met with the Director and Senior Officers of Singapore's Work Permit Department (WPD). The concems of the Philippine govemment were candidly expressed to the Singaporean officials who, in turry expressed willingrress to further study the Philippine govemment's concem. The authorities of both countries meet regularly to discuss issues affecting the employment of Filipino workers in Singapore but-so far no permanent agreements or solutions have been reached.
workers to Singapore about the realities of life and work there.
Meanwhile, the Philippine govemm"nt, on its owry continues to inform prospective
The Case of Women Workers in Saudi Arabia

Filipino workers who go to Saudi Arabia face a very different lifestyle from what they have been accustomed to in the Philippines. Women workers, in particular, venture
Religion plays a decisive role in this country where no public worship other than Islam is permitted. Islam is a total way of life and, as sucfu it regulates customs, behaviour
state.
into a hard or even a harsh world.
and laws of the
Sacrilegious acts are punishable even when committed by foreigners. The justice system in Saudi Arabia is so unlike the Philippine justice system. For instance, theft merits the cutting of the thief's hand while murder, adultery and rape merit beheading. The code of conduct prescribed, especially that for women, is very strict and is vastly
in contrast to the freedom that the Filipino women enjoy at home. When going outside their residences in Saudi Arabia, women are expected to wear black, full-length coat over their dresses. They may not be seen with men other than their husbands, otherwise, this could mean detention and deportation.
For these reasons, working in Saudi Arabia is not easy in view of the different environment and the seemingly strange way of life. Thus, many workers are stricken
with loneliness and homesickness.
Also, the Arab employer holds tremendous power over the worker. To cite an example, a worker cannot leave Saudi Arabia without the employer's consent. Only the employer can secure exit papers for the OCW.
While male workers in hospitals enjoy facilities and good accommodations, women OCWs have been known to complain of strict regulations by management even on their free time.
Maids live an austere life in Saudi Arabia. The job is not for professionals like teachers and secretaries who are not used to doing heavy household .hores. In fact, even those used to hard work have valid cause to cornplain. It is not always true that domestic helpers will have machines to help them do their work. Their work carry no definite hours, and can last up to 18 hours a day. The food, too, is often meager and served less than three times a day.
Many run away cases involve maids who not only endure backbreaking labor but also the advances of their male employers and relatives, and the harsh treatment and physical assault of their mistresses.
1995
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OWWA Response
Filipinos.
As in other areas where there is a concentration of Filipino workers, the OWWA has established two welfare centers in Saudi Arabia, especiaily in Riyadh and the central and westem regions of the country, respectively tt uiJo irlt.nir to open Jeddah, ;.;th"; center in the Eastem Province as soon as diplomati. ui.u.rg"rrl"nts are in These flace. centers, manned by full-time welfare officers and center coord"inators, providddirect assistance to all Filipino workers. The centers hu,r" t""o*" ih;-;;il# tr -u.,y ail;;;
and understand
In its efforts to hasten the resolution of cases involving Filipino workers, the OWWA has hired legal.interpreters who prepare legal documents Ind r"p."r"ni the workers in managrng their problems, foi iri almoJt all cases, the workers "'u"n jo not ,p"ut, *.ii"
Ar-abic.
, Recognizing that it is vital for the workers' well-being to understand the culture and way of life in saudi Arabia, the owwA continues" its program of informin[ prospective and departing workers about the real-life situation th..J. Fo. the informe8 worker, working in Saudi Arabia is much better.
CONCLUDING REMARKS
entertainers.in Japan, the domestic helpers in Singapore, and ."^ .|.::"^Yt:g^lF _:":"r^.f tne women workers in Saudi Arabia, it can be said that while many of th"e problems they encounter vary because the nature of their work is not the sarne, ih" caus,e'of manv of thelr problems is one and the same -- they are illegally recruitej workers. M"i";iii, of the entertainers in Japan and domestic helfers in si'ngapore iir"gii
carry tourist passport.
"."
";;;";;';i.a
Thery too, even legal workers face such difficulties as paying off debts incurred due charg-ed by recruiters. \Atrhile on-site, u iltiny"of problems are beins encountered. Among these problems are long working hours, physital abuse, upd 1.,on?
. onerous.fees to
payment of salaries.
We have initiated solutions to these difficulties faced by Filipino women OCWs.

Firstly, mea-sures which the Philippine govemment shouid pursue were identified. The combined efforts of various govemmentigencies, such as the Department of Foreisn Affail: the Department of Labor"and Employfient, and th" c";;;rrr;;;'i;;;;;i3; and Deportatiory have. been tapped to ensrlre thit departing t";.irtr or workers with g:^"^:,j?11!1" do.cuments are noi-allowed to reave the 'countiy. on the other hand, the l'resldenhal Anti-Crime Commission and the police forces, in close coordination with the P.hilippine oversea-s Employment Administratiory have doubled their efforts to flush out illegal recruiters. Casesigiinst these recruiters j-rufim f"ir""a until the guilt/;;; r
prosecuted.
Secondly, the. Philippine, govemment has undertaken joint initiatives with nongovemment organizationt.S{hgtl country repressnLtir.s srlch as that forged *ith tLr; Japanese Embassy in Manila' Both have alJo uhdertak"r, nor,"ri-to-eoodness in-formation and ecrucatron programs to make the oCWs understand host co"untry realities. Last, efforts have also been exerted at the diplomatic level aimed at curbing the problems which can onJy. be reso.rved by the host govemment. In the case of sinqapore, for instance, a series of high.lever contatb have be"en made to i.ft,r"n.Jii"";;;;?;ffii to adopt some necessary-adjustment in its policies o" "-ptoy*"nt, spec#icatty wltn respect to the tourist-to-worker scheme.
34
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ADDRESSING THE PROBLEMS OF FILIPINO WOMEN MIGRANT WORKERS: THE NGO PERSPECTIVE*
By Sr. Mary Tatcila R. Abafro, R.G'S. INTRODUCTION
Workers are PERSONS, human beings created in the image and likeness of God. The continued concem of the Church for the well-being of the human Person has been the topic of its social encyclicals and pastoral services. Three basic foundational statements can be made:
1. They are not commodities subiect to barter or trade' 2. They have fundamental human rights which must-be protected' 3. Church and govemment are equally concemed about the protection of these basic human rights"
yet my experience in the Center for Overseas Workers for the past five- years has
disturbed
or
"'o disregarded.
*"
end seeing that these foundational statements are continuously violated
SOCIO.PASTORAL SERVICES OF NGOS whatever cause or concem. Some of them are Church-based, others are mass-based' Some are cause-oriented, while others are profit-oriented. Whatever their cause or reason for being, they are a force that carurot be disregarded not -only in our country or in recent times. One *ring certain is that they address a need that is articulated.-They a_re often run by a small coie of committed individuals with little red-tape at minimal financial requirements.
In our country and abroad, non-Sovemmental
organizations (NGOs) abound for
listing of their services frequently include the following:

1. Socio-cultural-religious activities - In the Middle East this will include sports activities. There are parks and squares i1 lany countries that have become famous because of the volume of Filipinos who flock to them during their day off. Religion becomes a strgnq supPort in confronting p.Jbl"*r of ioneliness and all sorts of difficulties abroad.
National ioiiauyr are marked with typical Filipino celebra_tion. We know that music and religion are the two iewels of the Filipino'
2. Information, education campaigns - We have the Pre-Employment Orientation Sessions (PEOS), an information drive for the general public, Pre-Departure Orientation Seminar (PDOS) for departing over*A paper presented by Sr. Mary Tarcila R. Abaffo, R.G.S., Director of the Center for Overseas Work.rs, Cuthoii" ni"hop"'6onfurenc" of the Philippines (CBCP) Episcopal Comrnission on the Pastoral Cur. of lutigtrots and Itinerant People, during the Coderence on "Protecting Ffipino Women Migrant Workers: ploblems and Challenges," Philippine Columbian Association, 3 March 1995.
1995
OCWs
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seas workers, and Preventive Education on Migration Seminar (PEMS) in the schools and parishes. A common feature for all these is the
attempt to focus on the pains of migration more than on its gains. We also participate in anti-illegal recruitment campaigns.
3. Direct services - To the clients who come to our Centers, we provide counselling, referral services (for legal, medical and other cases), airport assistance, temporary shelter, participation in Task Force for the Gulf-War and other such similar projects.
4. Mobilization and advocacy - Networking with other organizations both local and abroad for common concems, formation of
cooperatives, unions and similar groups for greater impact and effectivity.
5. Lobbying on issues and concerns related to migrant workers.

NETWORK AND LINKAGES
for that matter is as strong as the linkages it has forged with a variety of
organizations" Support groups help not only individuals but also groups.
1. Local,/domestic - Our linkages include Catholic schools, parishes
We recognize that networking is a strong support for the NGOs. Any organization
other
through the diocesan social action centers and religious cornmunities for men and women.
2. International - For us in the Center we are very happy that we have network contacts in more than 30 countries. Sixty percent (60%)
of our clients are referrals from our international network contacts.
3. Conferences , Conferences at local, regional and intemational levels are very good also for establishing new contacts and confirming existing ones. They provide opportunities for exchange of ideas and
possible"
strategies developed which could be replicated where and when PROBLEMS AND DIFFICULTIES
NGOs with suspicion, many times they are branded as subversives. NCOs, on the other hand, are always impatient with the slow grind of govemment bureaucracy. With us, as Church groups, we believe in y7s critique principles and policies, but "critical collaboration" collaborate in actiory especially where life and death are in balance^ There is the need to discover areas of working together without getting "co-opted" or becoming "managed NGOs".
1. GO-NGO partnership - I believe it is a common enough experience that the relationships between govemment and non-govemment organizations are far from ideal. Often the govemment looks upon
2. Welfare structures and mechanisms not in place - The sheer volume of workers departing everyday and the complaints brought
36
OCWs
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against eming recruiting agencies cannot be adequately handled by existing structures and personnel. Only one example, in Saudi Arabia alone, with 215,361 workers deployed as of December 1.994 we have only the Embassy in Riyadh and Jeddah to take care of all of them.
The disposition rate is negatiaely affected by two factors: One is clogged docket cases receiaed eaery month. Two is manpower shortage, where only 13 hearing officers handle nnd adjudicate cases, aaeraging a use load of 300 for eaery"lawyer. (POEA Annual Report, 1993)
utith an aaerage of 500-600
3. lncreasing number of women workers and tire invisibility of the first group of 200 - ln 1904, workers bound for the pineapple plantation in Hawaii were all men. By i990, almost 50'/,, of the workers deployed were women. ln our survey of 500 households of overseas workers in Batangas Provincen a major lin'ritation of the study was the difficulty of identifying the
overseas workers and their families. respondents. 4. Domestic work as the ranki:rg job category. statistics from - Our the PDOS si'row that 80% of women overseas workers are in the service category lr,hich include domestic helpers, entertainers, sales personnel, hotel and restaurant service staff. Yet, here in the Philippines and in rnost countries domestic work is outside the pale of the Labor Code. F{ow then could we effectively push for the protection of our domestic
wcrkers abroad?
5. Overseas employment is big business here and abroad. There - and are vested interests supporting the or.erseas employment industry there is big money in it for many except the overseas workers themselves. We are told that when deployment of overseas workers first started, there were less than 20 recruiting agencies. In 1994, POEA records show that there were more than 700 licensed recruiting agencies.
Holy Father himself, Pope John 6. Undocumented workers. - Our Day 1995, recognizes this problem. Paul II, in his Message on Migration as is zuell known it is unJortunate thnf regular migration lns alzuays been accotnpanied, like an umbra, by tlnt uhiclt is irregular. A growing phenomenon, with negntiae aspects zuhich conspicuously affect women in particular. Not infrequently elements of degeneration, such as drug trade and the scourge of prostitution, filter in through the streams of clandestine immigration. (Message of the Holy Father for Migration Day 1995) How truly we have seen all these in our contacts with the workers themselves and our network linkages. Many illegals start off as legal workers, but eventually decide to go underground. Once they are illegal, it is easy for them to get exploited and fall into the hands of criminal elements.
CONCLUSION
We have often heard it said that migration is a natural phenomenon. It is one thing to talk about a phenomenon. It is another thing to make the phenomenon a basis for
a national policy or a program to eam foreign exchange to support a sagging economy.
As a natural phenomenon there are built-in shuctures for caution and protection.
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consideration these natural structures or at fuast approximate tit"ti ro that problems are minimized. When the Program considers only thelconomic impact and bLnefits, there is the danger that costs will be sacrificed in the name of the benefits.
1995 has been proclaimed by the United Nations as the Intemational Year of the Women" The Church has cordially welcomed this initiative, so in conclusion I wish to quote again from the Holy Father's Message for the world Migration Day.
The recent phenomenon of a more widespreail presence of wornen migrants thus requires a change of perspectiae in the formulation if releuant p1lirirt, and there emerges the urgent need to guarantee women equal treatmeint, both with regard to rernuneration as weII as to working conditions anil security. Thus it wiII be easier to obaiate the tendency to disuiminate against migran-ts in general zultich might neaertheless continue to target wornrn.
when a program takes advantage of a phenomenon the program must take into
PART II CASE STUDIES
1995
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THE FILIPINA MAID TRADE IN SINGAPORE: AN ANALYSIS OF WELFARE AND LEGAL PROTECTION EXTENDED BY THE PHILIPPINES
AND
SINGAPOTTE*
By Ma" Dulce Cecilia B" Amba

"singapore's political and sociological arrangements have irked some foreign critics because thev are not in aciordance with their theories of how societies should properly organize themselves. we have intervened b change individual social behaviour in ways oiher cotintries consider intrusive. we maintain and have deployed larvs that others
harsh^...
may find
"We make no apology for doing n'hat we belierre is corect rather than what our critics advise. singaporeans are responsible for singa-
or the
pore's fr-rture. we justify ourselves
approbation practical success.
b our people, not by abstract theories of foreigners, bui by the more rigorous test of
"Our citizens live with freedom and digniiy in an environment that is safe, healthy, clean and incorrupt.... I can say without false modesty that many of our well rneaning critics cannot claim as much. We do not think that our arrangements will srrit everybody. But they suit ourselves. This is the ultirnate test of any political system.,,
(Statement by Mr. Wong Kan Seng, Minister for Foreign Affairs of Sineapore, World Conference on Human Rights,
.
explains,
Vienna, 16 June
1993)
This stern but clear statement by Singapore's Minister for Foreign Affairs somehow in a microcosm, the contrived and self-serving polic/ of the singaoore Sovernment on,foreign workers. Indeed the success of SingaporL in handling its doimLstic affairs is ciearly evident. However, Singapore does not exist by itself. It functions effectively as a nation with the in<lispensable support of foreign workers. Thus, it is parochial and insensitive to justify its obstinate refisal to address head-on the issue on the rights of Filipina domestic helpers in the guise of cultural distinctiveness and its commitment to shape its own destiny according to the needs solely of the Singaporeans.
Tlt study seeks to. explain-the experience of Filipina domestic helpers in Singapore through an understanding of the environment they move in. singapore,s attitu?e, as evidenced by the acts of its people and policies of lhe state.n.t."..ri^g domestic helpers, shall also be erplored.
*Pa1t of
in partial fulfillment of the requirements for the degree of Juris
_a
thesis presented to the Ateneo de Manila University School of Law

Doctor.
in March
1995
42
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A.THEPHYSICAL,SoCIo-CULTURALANDPoLITICALSET-UPINSINGAPoRE system' It is a city-state singapore is a Republican state based on the Parliamentary and 8% Indians'l 14"/"'Milays, Chinese, ti" with 3.2 million p".pf"1.*pt;;;aiA'A "rn party pow5r 1i11e held has (pAP), politics is dominated uy eiopt",, Action ^*.hi.I his completed Tong chok coh 1g5g. Britain'in singapore gained u,.,,o#.y-irl^ creat Minister as Prime served who Yew, prime Kwan Lee 1s93. in rhirrt rroar as Mi;;i"r the title of Senior \oldlns holds 77 of +he fr.," tfto",la"^."l.rses until 1990, remains active politicllty, PAP the 1991; pJiament August in was elected Minister. The current 81 parliamentarY seats'2 and military f3..:, ,:'..91-i,:: The Govemment maintains active internal security used security legislation to frequently has It security. a ,rr" "urion's p*.;;J;h;o Department (ISD) is responsible control a broad range of activity. The Intemal Securiiy (t'sn), including its provisions for for the enforcement of the Iniernal Security act to the national service (mostly in subiect are detention without Oiui. Rtt young males conforming to the credos held by the military) and receive naiionaistic indoctrinaiion the PAP.3
years,
have an iil1.;;.-;r*;-.;;i;:i""gaporeans gou".n*"ni-built is.enioyed by 90"/" of mostly fiolring, of lndividual ownership in what is ;'G";;;;"" families. n"tutirr"ty lpeaking frealth is distributed equally
$15,000"5
Singapore,soPeneconomicsystemhasâc}rievedaremarkablysteadygrowthinrecent on over q5% of its with cop .ri*uin; i; r.'s% in. l9g3a. There are no duties
annual per capita income
of
"r"5"ii"rry
a full-employment economy'6
How a person relates to and perceives others, such try: il consideration' since by his cultural p".."f,iott of this group of people'7 Taking of Chinese and Indians' mostly composing state, a m",lti-racial/multi-cujrural ;t;;ili; perceive servants and I" utt'tt dominani two these ErouPS how it is important to disfuss their role in societY.E
its beginning with feudal patemalism The Chinese's relationship with servants has plrt of the sen'ants'e Since on the part of tfr" *"tt"it "rid respect.and servility otith". with the master' relationship servant's the u- gruut'deal of dependency characterize class of citizens' lowest the occupy who society of a, drefs
serYvants
as domestic heipers, are.moulded
are treated
As briefiy explained in a
The premise is almost the same
the Indian context' Indians follow the caste system' sociological article:
in
"The caste heirarchy is, in
essence,
a system of vaiues consisting
lUS State Depattment Human zu8hts RePort on Singapore' p' 1'

,Ibid.
3Ibid. 4lbid.
5Ibid.
6lbid.
of Maid-Employ., R.tutioirhip"l" si"g'p"r"," P.378Ibid. elbid.
TThomas T.W. Tan and. Theresa W. Dwanhayan,
,,opposition and-Interdependence: The Dialectics ruliippiii socinbgical Rericw,35 (3/4), 1987 July/Dec'
1995
OCWs
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43
of Brahmans (the priestly caste), the Kshatriyas (the warrior caste), the Vaishyas (the merchant caste), and the Shudra (the serfs). Furthermore, with race and descent being important social categories in the Indian milieu, Filipinos, by virtue of their race and descent will automatically fall outside 'closed' social framework. In simple terms, they may be labelled as'outcastes."'ro The Chinese's and the Indians' perception of servants is anti-thetical to the patemalistic system dominating the employer-maid relationship in the Philippine
context.rr "The employer acts as the maid's guardian and even plaies restriction on^her behaviour and movement. It is common for the maid to employ kin terms, such as kuya, ate and the like when addressing the employer. Some are bften treated as members of the family."r'? lhough such ideal set-up may not be true to all philippine households, especially for the upper middle class who have uniformed maids and 1*por" a certain degree of distance to avoid over-familiarization and abuse of the close relationship, it is considered that the Philippine setting is a lot less contrived than that in Singapore. Cender roles are Sreatly defined in the Chinese and Indian milieu. The Chinese wives and mothers, thluSh loved and respected, are never completely trusted with important responsibilities. This is also true in the case of Indian -womery who are coniidered subordinate to men.r3 This factor, taken with how house servants are perceived, explains why Filipina maids in singapore are given a low status in the dohestic setting.
. lough the Singaporean society is much more modem in terms of lifestyle and technology, considering its financial success, basic concepts on women and the slrvants, as dictated by-its past, are still imbibed in the psyche of the new Singapore middle and upper middie class. These groups have considered hiring maids as a necessity in coping with singapore's busy and "high-tech" life. This becomes another source of cultural opposition which emerges from the difference brought about by singapore,s us compared to the life led by the typical domestic helper in the Philippines. T9d"ttl1tu "Most Fillpina domestic workers come from bariios rather than the cities or poblicion."ln Even if they do come from cities, the luxury and basic necessities in life enjoyed by the regular Singaporean who employ maids are far different from that which the maids had in the Philippines.
Ignorance
causes the ire of the employer.-
the urban life more than a clock which brings exact measurement'and ilso'temporal
of the Filipina in handling certain domestic high-tech equipment often "F a city-state like singapor" nod'ritlg perhapi symbolizes
day can be laid out and subdivided."'s Thus, everything must be organized and done as planned. Little mistakes of the Filipina brought about-by her difference of orientation irrita.te the employ_er- These incidents of errors, when addei up, become a serious source of disagreement. Take for example the case of Cloria (not ier real name), a Filipina domestic helper who has been.in singapore- for almost a year. she was beaten by the employer because she occasionally committed mistakes in operating the microwav" orrer,.
rolbid.
control into every human activity by setting an independent standard by which the whole
rIbid. p. 38. '2lbid., r3Ibid.

tllbid.
'slbid., p. 39.
44
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for repatriation"r6 she ran away and sought the Philippine Embassy's assistance
Annual Report As reported in the PhilipPlng Olerse3s Labor Office (POLO) 1993 are: embassy the to referred maids tslrri"p.iJl, most of the complaints by the
some
Inadeqiate food 'puro pansit'"'puro lugaw' panis

Homesickness, 'Gusto ko ng umuwi'; Non-PaYment of salaries; Sexual irarassment/sexual assault' rape; Poor accommodation; Cultural shock/differences'"
'SinasamPal ako;'
"'Sinisigawan akoi
na
pagkaini
can be traced to cultural differences as of the reasons above-mentioned ,'Lugaw'.' or porridge is staple for chinese about food-iri*"r"piiil"a in their ."*frgi"g. sick or to the old' So fed to uiually is it Philippines, the households. Ho*"rr"r, -*re it comes to being ?". 1n" flfipinos, this-lr ut.*ay'l fo.*. of ill-treitment. When
come into play' As correctly observed reprimanded, differences in cultuial orientation also
by a priest in
SingaPore:
with a deep sense "The average Filipino is a very courteous Person in courtesy, in is steeped language of his own self]worth. The Filipino -pleasantries.
To talk loudly circumlocutio., und time-coniuming of low selfti* (-sinisigawan-iio'i u"a rudely ('sinasimpal alo') 's..u dignity 'hiya' (shame) since of esteem"(sic). A Filipino is very conscious to him'"17 and honour are everything
to the aforementioned idiosyncracies The Chinese or lndian employer is not sensitive generally not afforded a sense are class lower because to him .. 1r"r,-p""pfl" Jf tn" of dignitY.
Thus,itisnotsurprisingthatFilipinomaidsinSingapore-sufferinthefaceof Filipino m.aids by airJrdir,;;;"-Th" stirk rack of respec.t-aiforded in the book apparent more be ;.,J ,o.i"ty u, a whole could not 5il:'#;:;pb;;; ,,To Have And To Uoia, Ho* To Have A Maid And Keep Her"', which gives a.whole A
oersecution ur,,a the employer-maid relationship' new set of definitions to common words as regards sampling of these definitions are:
,,Newbrooms-newlyarrivedmaidsarelikethese,theperiodof wearing-off varying from individuai to individual
xxx
Aggravation having a maid
xxx
xxx
the sum total of some employers' experience ln
xxx
XXX
xxx
Bettet
e*enfir-r,iptiyee neutansii-iii"g"p*",
1loria (Filipina domestic helper in singapore), personal interview,.10 May 1994' A Guide to r7Rev. G. Arotcarena, Tho-u, t.w. Tun u-ni Fong'Hae lonp\w Mni!.Tangle:
Katong
cJholc
Book cenrre, Pte. Ltd'), p. 71"
OCWs
in CRISIS:
Protecting Filipino Migrant Workerc
45
Bossy - what some maids become if you relinquish control of your household; what your maid is when she decides what food ought to be cooked and when she lords it over the children
XXX
xxx
xxx
Dining out - your maid's exposure to extravagant living; a delight when your maid is chasing your toddler, and a disaster when you ire chasing your toddler and your maid is sipping the shark's fin
xxx
glasses,
x x.x
xxx
Butter - how maids' fingers are described accounting to the chipped mugt plates in the kitchen
xxx
xxx
xxx
Baby - your bundle of joy but your maid's greatest burdery to be carried along or held in tow when she has to go for a walk, chat with her friend, or meet a boyfriend
xxx
xxx
xxx
Code - break this secret language ... and you'll know how our maid knows when your car pulls up the driveway or when it,s safe to have
atete-a-tetexxx"18
Although the new concepts stated above are not meant to be taken in all seriousness, they are nevertheless reflective of how the Singapore society views foreign maids, and how they afford little respect for them. Dignity of labor is not an accepted facet in the employment of maids. The Chinese "amahs", the original foreign domestic workers from mainland China whose primary task was to be nannies, have now been replaced by the new breed of foreign maids from other nearby poorer countries. Though th! employment of foreign maids is not as entrenched in the feudal concept of virtual slu.r"ry as thaj of the employment of "amahs", the maids in singapore today are tasked to perform a wider range of service and still suffer segregation fiom the mainstreu"o.iuty. The misunderstanding and the resultant confiict between the employer and foreign maid are all the more defined and aggravated because they occur in the irome, the mo'st sacrosanct of all human organizations.re Since domestic work is invisible because it is done within the confines or privacy of a particular family, it is hardly reflected in labor statistics and oftentimes excluded from labor laws, as in the case of Singapore.2o
18C.P. Kei, To Haae ani To Hold: How to Harse a Maid arut Keep Her (Singapore: Armour Publishing Pte. Ltd., 1993), pp. 2 and 4. leMary Lou Alcid, "The Recruitment Process and Work Conditions of Filipina Domestic Helpers in Hong Kong, Singapore and Saudi Arabia," Trade in Domestic Helpers, Causes, Mechanics and Consequences (Kuala Lumptu: Asian and Pacific Development Centre, 19g9), p. 256. mlin'l-a Low, "Migration ,and Singapore: Impiicatilns for the Asia Pacific," Asian and pacifc Migration lournal, vol. 3, nos. 2-3, 1994, p. 253.
46
OCWs
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B. SINGAPORE'S FOREIGN WORKER POLICY
of foreign workers into Singapore. This is to complement as well as to act aJ a buffer for the local workplace. This will allow the economy to grow beyond the growth of our own worKorce x x x The future
"The Govemment's foreign worker policy is to allow a limited pool
of Jur economic survival and prospe;ity does not lie in trying to achieve growth mainly on the back of an inffeasing numler of unskil]ed foreign ilorkers x x x Without a rigorous foreign worker policp the pace of upgrading and skills development will certainly slow down and we
will be the worse for it x x
xxx
foreignworkersxxx
xxx
xxx
We need more skills training and upgrading not more unskilled
xxx
xxx
xxx
If we do not control and regulate the influx of foreign workers, the lower wages of the foreign wofkers will drive down and depress_ the wages oi our own Singaporean workers x x x The interests of Singapoiean must come first." (underscoring supplied)
(Dr. Lee Boon Yang, Minister for Labour and Second Minister for Defense, Speech before the Parliament,
February, 1992)
Singapore has always maintained its open-door policy f_or skilled and professional only after 1968.21 The construction boom workersl i;nskilled *orl".s -er" permitted -to of the '70s forced the govemment relax its policy in favor of, the construction and manufacturing sectors. the necessity of foreign labor particularly -the unskilled class, has since been co-nsidered as staple to sustain growth. "A wholly Singaporean workforce is unrealistic and foreign laboi grew, as reflected in the 72,590 noncitizen and nonresident (foreign) workers in flZO and 119,483 in 1980, or 11,.2 Percent of the total labor force
respectively".22
it is estimaied
f't qrglent that the nurnber of foreign workers has grown to 300,000 which is approximately 15o/" of the labor force.23 Thus, it is understandable why the govemment nui U"".r vigilant in controlling the number of foreign labor so as to maintain it in manageable"proportions. The govemment concedes to the fact that its policy to reduce depen?"nce on'foreign workers will undoubtedly inconvenience and unsettle some
coirpanies and familiEs which are over-dependent on foreign workers.2a However, such
2'lbid., pp. 253-254.
These figures are hardly manageable for a diminutive state like Singapora
P. 14. BLee Boon Yang, speech before the singapore Parliament, February 1992.
Singapore," Asian Migrant, vol. VII, no. ".Filipino Migrant Workers in
1, fanuary-March, 1994,
zIbid.
7995
OCWs
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is-inevitable as Part of rationalization and restructuring to ensure Singapore's competitive edge over newly industrializing economies (NIEs).25
Though former Prime Minister Lee Kwan Yew announced in 1982 that by 1991 all foreign workers will be phased out, as of the present, Singapore is still greaily reliant
on unskilled foreign labor
force.
1. The Foreign Labor Mechanism

number of foreign workforce due to its sudden emergence as an economically successful state. The move of Singapore to allow an influx of foreign workers was also intended to upgrade the quality of its own labor force. "With the impJrt of low-income foreign labour, more Singaporeans can be released to take ,p mo." intensive jobs. At the same time, this step provides employment opportunlties for"kill the workers of the neighboring countries."26
The- foreign workforce in Singapore can be classif{ed into two categories, namely, guest labor and immigrant labor.27 Guest labor is divideil into two gtoupi work-permit holders and holders of professional passes.28
As pointed out earlier, Singapore allowed a significant because of the labor shortage in the late '50s
when their contracts expire. The govemment allows their stay for not more than eight years. Their initial contract is for a term of two years. This contract can be ."n"tri"d for another three terms of two years each. An extension of more than the term initially allowed by law has t9 be by merit and with the approval of the Labour Ministry. Moreover, this class of workers comes under the Mandatory Marriage Permit whiih makes marriage between a work-permit holder and a Singaporean citiien illegal unless prior approval of the govemment is sought. In accordance with this policy, female work permit holders particularly the domestic helpers are required to Lndergo pregnancy tests once,every six months. "This will ensure monitoring of mixed relationships. A miSrant who violates this racist and offensive law is subject to immediate deportation and permanently banned from retuming to the country. The Singaporean government has prosecuted 2,920 cases in 1983. The ultimate resuli was masJ deportatfun.2e,, It is almost impossible for work-permit holders to settle down in Singapbre because laws on guest labor are strictly enforced.3o
semi-annual Pregnancy test has had its share of problems to Filipina maids. Caring (not her real name) left the Philippines to work as a maid in singipore when she was three months pregnant. However, she was oblivious of this fact ana'onty thought that her menstruation has iust been delayed as it ordinarily is. She did not know of the manda,tory pregnancy test. when she tested positive upon being checked, her
Work-permit holders are those who eam less than $1,500
month and are expatriated
-University
*Clu*_ Soon Beng and Rosalind Chew, The Singapore Press, Pte. Ltd., "1992), p. 747. 26lbid., p. 149.
Worker:
Profite (Singapore: Oxford
27F. Landa ]ocano, "Culture Shock: The Case of Filipina Domestic Helpers in Singapore and Hong Kong," Filipino WomenOaerceas Contnct Workers: AtWhat Cost?, ed. Maiy Ruby prlma Beltran anj Aurora Javate de Dios (Quezon City: Women in Development Foundation, Inc. and Goodwill Trading Co., Inc., 1992), p. 32. BBeng and Chew, supra note 25, p. L49.
Dlbid.
30lbid.
48
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employer commanded her to have an abortion so that the S$ 5,000 bond will not be confiscated. She begged for her child's life and pleaded for her repatriation. But her employer was adamant on the abortion option. Thus, she ran away. She waited for weeks for the resolution of her case in the Philippine Embassy. Neither the employer nor the agent was willing to pay for her air ticket. She has not saved a single cent because she had to pay the cost of her recruitment abroad. Fortunatelp she was able to air her problem during Vice-President Joseph Estrada's unofficial visit to Singapore last May 1994. Through the Vice-President's Assistance Caring was flown home free of charge. Fate has not been as kind to Luning (not her real name), a l7-yeat old maid who was able to go to Singapore through a falsified birth certificate which declared her to be 25 years old. Her 14-year old alaga (ward) got her pregnant. The fear' of the confiscation of the bond and further employment complications prompted her employers, the parents of the father of her unbom child, to force her to undergo an abortion before her scheduled pregnancy test. She did. Her two-year contract will not be renewed. She is set to finally come home to the Philippines in April 1995.
Professionals
to S$ 1,800 this year. This group of workers is skilled in areas which are of great demand in Singapore like Corporate Executive Officers (CEOs), Architects, Accountants, Engineers, Market Analysts and the like. It is difficult to come in as an employment pass holder because most of the positions corresponding to this salary grade are occupied by Singaporeans themselves. In fact, it is the policy of the govemment/ as mentioned earlier, to upgrade Singaporean skills so that they can fill in the need for such professional
S$ 1,500
or employment pass holders are those whose income amount or more. It is reported that the govemment might increase this margin
to
positions. Unlike the work-permit holders, employment pass holders can marry Singaporeans during their employment in Singapore. "They are also allowed to bring in their dependents and their children can be born in Singapore."3l
Workers who are granted permanent residence and are encouraged to take root in Singapore beiong to the class of immigration labor.32 "In order to qualify for permanent residence, a foreign worker must have completed secondary education or higher, command a n'ronthiy incotne of at least S$ 1,500 and have at least five years of working
experience."33
2. Controlling the Reliance on Foreign Domestic Workers

Singapore's demand
for foreign domestic workers was brought about by
the
government's policy of encouraging more Singaporean women, especially those who have been sufficiently trained, to be employed and reintegrated in the economy in the '80s.& With Singaporean mothers and housewives being gainfully employed, the demand for domestic helpers increased. The increase in working mothers meant that somebody had
to take care of the functions at
home.35
The govemment has been constantly monitoring and regulating the number in the foreign and domestic force. The government also seeks to avoid bringing in large numbers of unskilled domestic servants so as to release equally unskilled Singaporean women
31Ibid.
32Jocano,
supra note 27, p.31 3lbid. sBoon Yang, supra note 23.
35Ibid.
1995
OCWs
in
49
into the workforce.36 "To do so would be to further slow down efforts to upgrade
economy to high technology and value added output."37 For this reason, the govemhent is initiating a conseryative approach on the issue of the growing number of foreign maids.
Time,and agairy the government has stressed that hiring maids should not be the _ only antidote for women who are working and have family and homes to maintain. "If maids are so readily available at very low costs, the tradition of family member and close relatives helping to look after young children will be eroded.,,s
nor must have been found guilty of abuse of former maidsje
specific needs must necessitate the employment of maids; 4) they must not be tax evaders
Not all of those who want to employ maids are given the chance to do so. singaporeans who apply for the employment of maids in the Labour Ministry of Singapore have to satisfy several points considered by the Ministry: 1) only mairied couples are allowed to employ maids; 2) the combined income of the spouses must range from S$ 35,000 to S$ 40,000 per annum (this is however not an official bracket); 3) thJir
It is maintained that the government's duty is directed only at Singapore citizens. Work-permit holders such as maids are mereiy transient workers whô will leave singapore when their home economy picks up. "The more attractive singapore is, the more they will want to stay. It is not the long term interest of Singapori io have too many foreign maids or work-permit holders. They increase social prJsrre in Singapore society and make Singaporeans more dependent than they need to be.,,ao
3. Regulation and control of Employment of Foreign Domestic workers
resoluteness as regards government policies, the Singaporean administration has always had- its way and apologizes to no one in enforcin[ these schemes which it claims io be for the good of Singapore and Singapor"un, uLn".
In consideration of the factors and apprehensions discussed above, the Singapore to impose a rnonthly levy for those employing maidi, as well as a s$ 5,000 bond as a pre-condition for the latters, employment."These two controlling measures have been constant subjects of debates. However, known for its
gov_emment was prompted
a.
Basic Conditions and Requirements
The followin$ are th-e-conditions and requirements to be fulfilled in hiring a foreign . maid as issued by the Work Permit Department of the Singapore Labour" Ministr:y: foreigner who is on social visit in Singapore is not ailowed to _"A. apply for work permit.
-A foreign maid must come from her home
counhy. after
-An empioyer may bring a foreigir maid into Singapore

36lbid.
37Ibid.
38lbid.
personal interview, May 1,994.

40ibid.
lePatrick Tan (proprietor_ of a Singaporean maid agency which recruits only Filipino maids),
50
OCWs
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from the Work Permit & obtaining an in-principle approval letter that a security bond for condition Employment O"y'u,t^"'"t u"h'o" the
Sg
'S,OOO
is executed'
registered dJctor after she arrives'
-A foreign maid must be certified
medically
fit by a Singapore
work permit will be valid -Subject to the validity of the PassPort' a three terms of two years another for for two y*u.r. ti *uy be renewed considered on the merits of each each. Renew"l ;;;;igir; y".r, *il be
case.
the maid's previous -The eight years limit of employment includes Singapore' employmen"t in all other occupations in
a monthly levy of -The employer of the foreign maid has t9 P1y not required' is Fund S$ 300. Co.lt iUliiot'' io C""ttXt Provident
shou.ldbe negotiated and -The terms and conditions of employment maid before commenclng agreed between the employer and. the it is advisable misunderstanding' employment. fo u"oia u"y "t'b'"qtt"nt maid's wage' the specifying employment of to have a written to"outi days, Ieave and other employment terms'
rest
is -To avoid misunderstanding over wage Payment' 'lhe 'employer wages her all the maid and credit advised to keep a bank uttotttti for
into the account'" Ascanbegleanedfromtheforego.ingthetermsandconditionsofworkaresubiect b{ .T" employer and the maid' to a great deal of n"*iUit-ity-u'. ûf b""ug'""J '''po^ which are concealed from or are
Sometimes the employei ilimulates'certairiprovisi,ons
which the latter nevertheless not made understandJl";t ;h" maid but
signs"
TakeforexamplethecaseofSalvacion'(notherrealname)whowasmadetobelieve , nau or her salary (s$ 125) will go to the bank that she signed u .o^t*ltliil;r*. be opened by the employer in the maid's behalf account advised by the Ministry to hei exorbitant us$ t,+oo placement fee and the other half will go to the payment.of half years salvacion did not get a single cent' to be paid to the agent.%;;;"-;ia sairings, the employer refused The employer when she asked her "*ptoy", for her bank -r.'"'-''ir''"r" of s$ 125 was to be paid . asserted that accordin;'l;ffit;";;il;;; 'utu'y and secretly lived employer her t.o^ u*uy ran Salvicion fee. placemerit the solelv to a maid'ar .rJnr-t'r-t". .o"ii" who also works as
b. The S$ 5,000 SecuritY Bond

ir",r"a uy ,th;';il work permit of hir/rr"f tn" obligations they have undertaken such as futfitt to ensure *rat emptt'l'"tt'tfttfi rlsignation or the cancellation of repatriation of the maiis ,rpon .or.,pletion "-itoy.tt"ttt,
arSalvacion (Filipina domestic helper
5'000 secttritv bond before the -vinir,ry. is required. to put up a $ Singaporean employer 'li.,a'1, This bond is imposed
in
1994' Singapore)' personal interview' L5 May
1995
OCWs
in CRISIS:
51
of the maids' work permit. Furthermore, the bond executed by the employer is also conditioned on the faithful compliance of the domestic worker with the following conditions which the latter undertakes to follow:
1. I shall not engage in any form of employment, paid or unpaid, other than the employment and with the employer stated in the Work
Permit or Visit
Pass.
2. I shall carry the original Work Permit or Visit Pass with me at all times and must produce it for inspection when required to do so by an Employment lnspector, Immigration Officer or Police Officer.
3. I shall not be a partner/director in any company, firm or partner-
ship.
4. I shall not engage in anf form of business or manage any business as a sole proprietor.
5.
I I
undesirable activities in Singapore.
shall not indulge or be involved in any illegal, immoral or
5.
shall not cohabit with a Singapore Citizen or Permanent

Singapore Citizen or
child.
Resident.
7. Any reiationship between rne and a

Permanent Resident shall not result
in the birth of any
become pregnant (during my employment in of my relationship with a Singapore citizen or permanent resident (applicable to females).
Singapore) as a result
8. I shall not
9. I shall submit myself to medical examination by a registered singapore doctor as and when directed by the Controller of work
Permits.
10. I will be expelled or prohibited from entering Singapore conditions 5, 5 or 7 is breached.
if
11. In the event I cease to hold a Work permit or Visit pass, conditions 5, 6 and 7 shall stiil be appiicable to me. Breach of these conditions shall result in me being prohibited from entering singapore. Repubiic of Singapore)
Permit and Employment
(Application for Work Permit for Domestic Workers, Work _ Department, Ministry of Labour,
the foregoing conditions is breached, the S$ 5,000 security bond is forfeited . - If any_of in favor of the government. The domestic worker is also immediately repatriated. ,,The fears of social repercussions due to the huge influx of foreign domestiC workers have
to some extent been allayed by the knowledge that few employers would want to forfeit their security deposits. Such a move, however, passed the problem from a State level to an individual level."a2 So to ensure that the domestic worker does not get pregnant
{2Arotcarena, supra note 17,
p.27,
52
OCWs
in CRISIS:
1995
(whileinSingapore),marryorfallin.lovewithaSingaporean/engaEeinotherforms the point-of denying of employment, etc., emplJy"rs have become overly restiictive to out of the home' and jay-off in movement of oi-iiti-tiri"g her freedom ,tr"-r'riia'nur
socialization, she Most Singaporean employers fear that in.the course of the maid's astray' Some of going of.her cause be the may mav be influenced Uy n"r'p"!tt which prisoners by their employers' kept virtually are they that ."i.tpr"itild iil:";;;;"a
c.
The $ 300 MonthlY LevY

$ 300 Jor As earlier discussed, the Singaporean employer Pays a, monthly. leyf 9f a buller as admitted workers,are "Foreign of the maid's employment.
the whole duration population must be controlled to meet short-term p"uk d"lnurrd for iabour' Ir.owever,-their
The maid levy to minimize their tong term social and economic costs.T'43 for foreign domestic demand alarming ."U]".,"J to ""rr"ral iricr"ur", to dampen the from depressing wages, lower for work who *oik"., workers and to prevent the foreign the wages of
SingaPoreans'aa
has been
19'5M per month of The maid lery, which is a tax revenue, generates 1-t?111 , $ the government Thus' 55'000)' only is of foreign,maidi the'population (granting that hug,e amount the of Because alone. Xol", o"n "ory S z's+lvi per annum on* thut figure concemed some and employers some leiry, the of money the governmelnt derives from
of migrant and sCWO, two women,s sou!: championing the rights scheme welfare for a (or a part.of-it) workers in singapore, nu"" t"gg"tted that it be"used Ministry Labour the But maids'as abused of costs to cover m.dicial, legal and reia'triation It pointed.out that the levy's purpose has been resolute in its opposiiion to such proposa[.
gr.;pr-iit" ewing
be inappropriat" t: .:t" i, io ."grtu,e the demai-ri for foreign muiai. Thus, it wouldplace is the responsibility the first ii *o p.o"rria" for the *"iiul or foreifr maids which in position echoes its indifference
of the employers. Once again, the Siigapore governntent's
,. rf." ffigf.ri of for"ig."nruids wno"hllp Slngapore
function effectively as a nation'
4. The Employment of Foreign Workers Act of Singapore
TheEmploymentofForeignWo-rkersActorActoflgg0isthelawwhichregulates libor' It does. not' however', provide for the righs and -rftign the empioyment of f;*ig" whose employment the
tike domestic helpers ryolkers ;;;;ii'";'or *"tru." or p"*[."pn that the law applies to a foreign worker (a) provides N.,*ueii law regulater.
who
is:
with' or "(a)... not a citizen of Singapore who seeks employment employment the in 1991, is offered employment by, or iJ, it 1st January month or such of, an employer at a sallry of not more than $ 1'500 a *up from time to time, be fixed by the Minister by
;til;'t"ti
notification in the Gazette; x
ul
x x"
(Singapore Intemational Chamber statement by the Ministry of Labour, Economic Bulletin 1990, P' 6' of "- Commerce), -;;eOnUf.,f, 19:6, Times, 29 September 1992' p' 28' The Straits j'Co.r"*rr-r"rlt i\4ay Benefit From Closer Look at Maid Employer Problem"' asHan Fook Kwang, Times' 1 August 1992' Straits The Cohlmn) Aloud'
a3Press
CThi"ki;;
1995
OCWs
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53
Clearly. the Filipina maid who eams an average of S$ 250 a month falls under the coverage of the aforementioned law. Though protection is, as already stated, not provided,
there are certain provisions in the law laying down the conditions of work often violated by the employer to the dehlment of the foreign maid.
*hi.h
u."
Salary is defined
in the law as:
does not include the following:
"x x x all monetary remuneration payable to a foreign worker but
a) additional payment by way of overtime, bonus or commission;
b) travelling, food or housing
allowances;
c) any sum paid to a foreign worker to defray special expenses incurred by him owing to the special, unusual or hizaidous nature of his employmen!
pension fund
d) any contribution paid by the employer or contractor to or provident fund; or
any
e) any gravity payable on discharge or retirement.,,
. Despite this Provisiory some Singaporean employers include part of the levy to be taken from, the salary of foreign domeitic helpers. This is usually based on an intemal a8reement between the employer and the maid which is different from what is written in the contract of employment. The domestic helper, for fear of being summarily sent home, obliges with the arrangement for lack of a better choice.
The case of Salvacion cited above is also an example of including expenses, in violation of the law, as part of the maids'salary. Because of the high cosiof employing a maid, the employer is compelled to take whatever he or she ian from ttt"'muia{ salary so as to augment the other costs imposed on him or her by the govemment.
is provision No. 5 which
Another prohibition Siven by the act which is oftentimes violated by the employer
states:
No person shall employ a foreigp worker unless he has obtained in respect . the .(1) of foreign worker a valid work perniit which allows the foreign worker to #ork for him.
.(2) work permit.
No'foreign worker shall be in the employment of an employer without a valid
. (3) No person shall employ a foreign" worker otherwise than in accordance with the conditions of the work peimit.,,
Filipina maid goes to Singapore with the understanding that she will be working . the .ft:house in for only one family- doing chores like washinf the dishes, iro.,lr1f urr! washing clothes, taking care of kids, cleining..the house, doin[ a httle bit'or gurJ!"i"g; cooking food, or oftentimes, cleaning the,car. -There are cases wf,en the maid is lompele]j to work in two households (usually in the house of a relative of her original empioyer)
54
OCWs
in
1995
doing the same chores twice.
by three different families. Her regular day started at four in the morning in the house oi the mother-in-law of her real employer. She was sent home at seven in the moming of the same day to cook breakfast and prepare the children for school. She was then transferred to another household to.cook lunch and early dinner while taking care of an elderly couple. Thereafter, her employer fetched her to cook another set of dinner. After washing the dishes she was tasked to do the homework of three schoolchildren. Despite being treated as chattel and a workhorse, however, she was not paid any Part of her salarylt ali. If her employers were not satisfied with her work she was punished by being denied a meal and by letting her sleep -on, the floor -near the dog. Because ,h" -o."disatisfied with the Philippine Embassy's facilitation of her case when she filed her complaint, she opted to live temporarily with a kind fellow domestic worker rather than avail of the accommodation provided by the Embassy. Until her case was resolved, she secretly stayed with the fellow maid sharing the meager provisions of the latter.a6 Nita (not her real name) went to Singapore with the understanding that she would work for a family with two children, aged 2 and 4. Her primary task would have been to babysit. However, upon reaching Singapore, she was immediately sent to a dingy kitche;ette and made to wash dishes from morning until night. She also ran away because she could no longer bear to have her hands and feet (the kitchen was always {loo{ed) soaked in water Ihe whole day, everyday.nt "These foreign female workers (like Nita) are often unaware of their illegal status when they are deployed to work in these areas. When these illegal acts are disiovered, the employers are fined in court and the female worker is repatiiated."a Most of the Filipinas detained in the Singapore iails are those
Mercy (not her real name) ran away from her employers. Her services were shared
who have beLn found to be staying and working illegally. They are those who moonlight as prostitutes or have overstayed without a valid work permit. However, in special cases when the maid is not aware of her illegal employment and she was the one who rePorted her predicament, she would be allowed to stay in Singapore when the Ministry so decides. She'would then be also given a chance to look for another employer without fear of being repatriated or being arrested for violation of provision 17 (1) of the Act which
states:
"Any police officer or employment inspector may arrest without warrant any Person whom he reasonably believes is employed in Singapore -- nct in possession of a valid work permit."
5. The Employment Agencies Acts of Singapore and Employment Agencies Rule of
7984
The Employment Agencies Act of Singapore is the iaw regulating the activities of ernploymeni agencies. U-nder the Act and the Employment Agency Rules of 1984, the t"gut il"r whii-h can be exacted by agencies from a prospective domestic worker are the following:
"a. Registration fee registration; and

a6Mercy (Filipina domestic helper
of not more than S$ 5.00 Per
Person Per
4\lita (Filipina
in singapore), personal interview, May 1994. domestic helper in sinE;apore), personal interview, 16 May 1994. Arotcarena, suPra note 17, P.32.
1995
OCWs
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b. Commission fee of not more than 10ol" of the first month,s salary of the job seeker placed or not more than 80% of the first month,s totjl salary of each n'orker placed in employment, payable by the employer.,,
The agencies are also allowed to charge the employers for extra services such as medical examination and administration of security bonds. A common practice of Singaporean agents and employers, h.owever, is to charge these fees from the maids.
Patrick Tary proprietor of HRS Employment Agency which recruits only Filipina Jomestic helpers, the official placement fee is s$ 500 to s$ 800. However, most employers do not Pay for the maid's plane ticket. Under the law, it is the obligation of the employer
Taking this regulation in consideratiory it is therefore unconscionable that most Filipina maids are asked to pay as much as S$ 1,d00 to the agency. According to Mr.
to Pay the airfare. This obligatiory however, is transferred to the maid who ls not s-upposed to pay more than 10"/" of her month's salary to the agent. But since most
!:*!sJt: he]Pers are made to sign promissory notes representing the higher amount of s$ 1,200 - s$ 1,500 in favor of the agent, the maids, thery are bound. Because of the desire of the Filipina to work abroad, she sigls everything which can speed up the processing or approval of her employmeni.
The regular f9e paid by the employer to the agent, as advertised in the Singaporean newsPaPers as of May 1994 is S$ 350 - S$ 400. This amount is still the pr"sent isking price of agencies since Department Order No. 13, which imposed the controversia'.i F100,000 bond for every 50 domestic helpers recruited, was stopped by a court injunction" (It is to be noted that there was significant increase in the cosf of hiring Filipina maids during the short span of time that the said order was imposed).
a minimal amount. The,employer's refusal to pay the plane fare is mainly due to the fact that there are still the s$ 5,000 security bond and-the s$ 300 monthiy levy to be
paid.
the equally excessive amount she pays the Philippin"
Compared to what the domestic helper pays the Singaporean agent, not to mention
ug".iy,
the emfloyer's fee is merely
existence of profiteering-agencies and scrimping employers, iiii not surprising to find a run-away maid who has not received even a month,s salary.
Given the present situation of einploying a maid
in singapore, coupled with
the
C. PROFILE OF FILIPINA DOMESTIC WORKERS IN SINGAPORE49

Most Filipino women seeking jobs as domestic workers abroad are in their prime
by the POEA as outlined and developed by Women in Development Foundation. The seminar, however. was limited to domestic helpers under the direct hire ancl deployed in different Asian "ut"go.y countries. As such, the data herein wili be compJementedby the author's own fie1d interview which, though more personal in approach, did not encounter as many respondents coverecl by the study mentioned.
aeThis part is based on-a study made by Mary Ruby Palma Beltran, infra note 50. Beitran,s study is basecl on data gathered from 3,099 participants in a pre-departure orientation serninar conciucted
56
OCWs
in
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and productive age.so No less than 67"/" of this group of workers are single.sr A majority of this group are in the 21-35 years-old age bracket.s2 This figure, of course, still does not include the much younger ones who acquired iobs under falsified birth certificates. The relatively young composition of this group can largely be attributed to the scarcity of employment for new high school and college graduates at the start of the '80s. The Iure of overseas employment had a great impact on fresh graduates who had nowhere to go to but abroad. Rather than be idlg and go hungry in the Philippines, overskilled and over-qualified women were forced to work as domestic workers, an occupation which
citizens of host countries are not willing to undertake.
As far as the Singapore experience is concemed, a majority of the Filipinas who work there are relatively young despite the fact that the the DOLE has recently imposed an age requirement for Filipina domestic workers and entertainers who want to work abroad. A Filipina has to be at least 25 years old to be able to work as a maid abroad. This rule, however, is easily circumvented by desperate Filipinas and greedy recruiters by acquiring fake birth certificates which make the prospective maids appear older than they really are.
Filipina domestic helpers in Singapore are known to be more intelligent than their Indonesian, Thai and Sri Lankan counterparts. Most of them are conversant in English and can easily be taught. The Filipinas' intelligence, however, has in some cases proven to be a bane. Suspicious Singaporean employers subject them to more restrictive rules for fear of being fooled by what to them are "cunning" Filipinas. Their reputation for being intelligent and overskilled can be traced to the fact that a number of them are nurses, teachers, midwives or professionals with college degrees to boot. One domestic helper interviewed was even a high school principal before she decided to work abroad as a maid.
Considering the educational and social background of the majority of Filipina maids Singapore, the psychological effect, in terms of depression and capacity to function effectively as overseas workers plucked out from their families and chosen professions in a contrived society like Singapore, cannot be overlooked. Thus, in a foreign society unconcerned with foreign domestic workers' welfare where Filipinas are compelled to work, the Philippine government must be able to fumish a vigilant and responsive mechanism of support to their specific needs.
in
D.
RECRUITMENT PROCESS OF FILIPINA DOMESTIC WORKERS TO SINGAPORE The present practice of recruitment of Filipina domestic helpers starts with the agency
in the Philippines sending the prospective maid's bio-data together with a photocopy of her passport and medical report to a licensed agency in Singapore.s Sometimes, a video of the Filipina is also sent. A prospective employer then selects from the pool
of aspiring maids. If a maid is selected, she then pays the Filipino recruiter a large amount
mMary Ruby Palma Beltran, "Filipino Women Domestic Workers Overseas: Profile and Implications
for Policy," Eilipirc Women Oaerseas Contract Workers: At What Cost? , ed,. Mary Ruby Palma Beltran and Aurora Javate de Dios (Quezon City: Women in Development Foundation, Inc. and Goodwill Trading Co., Inc., 1,992), p. a.
slIbid.
tlbid.
sPatrick Tan, supra note
39.
1995
OCWs
in
JI
ranging from?15,000 to as much as*25,000. The placement fee exacted agents almost always goes beyond whar the pdEA rules allow. The -Philippine Philippine agency then obtains a I'etter of ,,approval in principle,, to be presented to the Immigration on her arrival_in Singapor-e in'the presence of'the requesting agent or employer' She is taken to the Ministry bf Lalour to secure a two-yeai worf pErmit.s,
:f T:i:y by
There are few who are hired directly by the employer. ,,Domestic helpers already working_ in-singapore mul_-gy. to a prospectiv. employ"r the name of a friend or a relative in.the Philippines."ss The domestic helper *uy ..tt". Singapore on a social visit Pass or with a tourist visa since-the Singapoie Labour Ministr! inakes no distinction whether one holds a service staff visa oi i tourist visa. Those who come on a social visit pass or a tourist visa may be made to wait for weeks until an employer chooses.them. singapo.e agents merelyLrnghopeful Filipinas to singapore and invite prospective emploleis to hive a look'or,,cieck'out,, the new arrivals who can suit their needs and suiisiy their expectations. Thus, while an aspiring maid is not yet chosen,.she is at the -"t.y of the agent who oftentimes subjecis hei to doing odd jobs in different workplaces without cJmpensation. Jeryry (not her real name) has been with her agent for almost two weeks Lntil she ran away. She paid ?20,000.to.her Filipino agent, the funds for which she just loaned. Nobody chosJher as a maid because most of the prospective em-ployers found her ,,weakJotking,, and
wait she wal fei 3i:fty..Duringher Philippine
pay for
Embassy's assistance for repatriati6". fn" thoright her F2Q000 debt back home haunted her.
nothing but'porridge and water. she soufiht the of how she will able to
is
"service staffers" are those whose papers are processed by the poEA. But since, as stated earlier, singapore maintains a- "iree-mark"t where everybody can go for a visit for a period of-1-4 days without a visa,".orro*yi a poEi-processed emplofment document does not make a difference insofar as facilitating onl's entry to singapore
concemed.
E.
WORKING CONDITIONSs6
1) No Standard Employment Contract
singapore. Domestic helpers who are repfstered i.d". tt" fopa, however, arl supposed to be employed with a standard .oit u"t drafted by the DoLE. The contract is to be presented to the Singapore Embassy in Manila for aitestation before the maid departs from Manila for Singipore. This procedure is enforced to ensure the strict cornpliance by all the parties involved. This process, however, is hardly followed by Filipina maids seeking employment in Singapore.
in
There is no standard employment contract goveming 'he employer-maid relationship
llfjlfino 5slbid"
Migrant Workers in Singapore,,, supra note 22, p. 24.
56This-part is pattemed after the discussion on'Working Conditions, in the article ,,Filipina Domestic Helpers in Hong Kong- and singapore," by caroliie vedet-anonueva, LaRainne Abad sarmiento and Teresita oliveros-Vistro, in itre book Trade in Domesfic *rtt;t:, Causes, Meehanics
Consequences,
supra
note
19.
and
58
OCWs
in
1995
without the qroyelcertification.by since most domestic helpers come in as tourists contracts which do not meet the sign are they the POEA, -ua" '6 by the 9th1êaPloyment such as: DOLE basic requirem-ents mandated
"a.) salary of at least U'S'$ 200 a month;

b.) a rest day of hours once a week;
a conbinuous
period of not less than twenty-four
the 'employer; c.) plane fare from Manila to Singapore borne by services by the d.) plane fare back to Manila upon termination of contract two-year the of end the it maid the of unlptoyJ. without fault
of
emPloYment;
e.)Freemedicalanddentalservicesincludingfacilitiesandrnedicine;
f.)
8.)
Personal
life and accident insurance for the helper to

shall be treated
be
emPloYer; Provided bY the
The maid
in a iust and humane
manner; his
and h.) The helper shall work solely for the employer
immediate household;
than compuisory contribution prescribed by law '"s7

gurarantee the
i)Thereshallbenodeductionfromthereguiarsalaryforfeesother
maids sign
and conditions got'ertt their entire employment working, however, a Jiffe.ent set oirules of emiloyment signed by the maids in singapore. Rs Mr. Tan explains, the contract paper which dbes not have any substantial of and their employers is nothing but a piece. The maids acquiesce to is,concerned' relationship value insofar as ernPloyer-employee repatriated. For a maid being ior fear,of the set-up whicrr puis tfiem at'the disadvanrage puy another amolrnt herself obligated has" l" who left debts to p"i oif'n." and who the last recourse' As is home sent bein[ employer, til to the Singapor" ug"'.,i'u;io; irust never even be considered' such, going against the wishes of heiemployer helper and the employer In essence, the binding agreement between the domestic to adopt a standard refusing resoiutely is a ,,free for all" mechanism in singapore. ln
Signingacontractpatterned'afterthemodelcontractbytheDoLEdoesnot substitution' The maid'sl.Jt".tio.t. There are numerous cases of contract they commence when employment. their to prior u pu.,r.rril, contfact
emolovmentcontract,theSingaporesovemmentreasonsthatthetermsofemployment the employer and the domestic helper' So :ilt;""il"t'"'t; iJ'r|r"'"or"r",tary agreement of condition of tl-t" do*"ttic helper still largely whether one signs ^ ;.i;;;;i.".ior not, the J"f""at on th"e good graces of her employer'
ThegoodthingwithsigningacontractPatternedbytiratdraftedbytheDoLEis
(Quezon s7Pre-Enrployme|rt and l)eparture seraices for Filipitto Migrant workers 57-58" Migration Center, Inc'), PP'
city: The scalabrini
1995
OCWs
in
59
of the said contract for protection. This Eecomes a so,r."e of her righs from which the employer, by signing, cannot escape.
that when disPutes arise, the domestic helper can always refer to the terms and conditions
A domestic helper who insists on having a day-off, in cases when the employer permis it, often gets a deduction of s$ 10 to s$ 20 per day-off. Thus, more ofte; trran not, the domestic helper agrees to not having a diy-off it all.
With the very flexible arrangement between the domestic worker and the employer, numerous complications arise. Since domestic helpers who come in as tourists sign almost everyth-ing which are presented to them withoui understanding fully well the"ramifications of their indiscriminate approval, when time ccimes to setile diiputes, they are left
at the losing
end.
2) Absence of Essential Benefits
ft: OWWA. So when the domestic helper falls ill, sire is oftendmes ly herself. The Labour
Domestic workers who come in as tourists do not enjoy the welfare benefits granted
helper can avail of the.hospitalization oi mediial benefits afforded a regular Singaporean. But a specific stipulation in writing providing for subsidized medical assistarice to the domestic helper is not mandated by the Ministry.
left to fend. for Ministry of Singapore says that, as earlier discussed, the domestic
3) sexual Hatassment, Maltreatment, Non-payment of wages
and Intimidation
ln 1993, the OWWA center in Singapore has documented 420 cases of maltreatment/ mistreatment, 70 cases of physical abuse/injury, 35 cases of sexual harassment, 5 cases of rape,.and 24 cases of poor working/living conditions. All in all, there were 1,450 cases referred to the owwA in singapore alone. Among all the cases handled, nonpayment/delayed payment of wages and salaries topped tfr" lirt witt 577 reported cases.
exploitation of Filipina domestic helpers can be attributed greatly ro the lack - a The of standard employment contract. This factor is aggravated by the-fact ihat the onus of regulating the.maids'behavior is placed on the-6mploy", b".o,rr" of the s$ 5,000 bond. Freedom of movement of the domestic helper ls stricity monitored and restricted because the fears the consequence of having the bond confiscated when the -employer domestic.helper goes u:T:y some ernproyers virtualli lock their maids up when they leave the house' The maid's socialization with her p""ru ir closely monitoredif not strictli prohibited. the-very-nature of their job, domestic-workers are subjected to a very irregular .By working schedule. They are to respond to +he employ"r,, .J*-und 24 holrs ,"d"t They do not, however, receive oveitime pay. This exptoitation can be traced to the fact that aside from the maid's monthly *ug",'t1't" em-ployer is also required to pay u *orr*rty ler,y of s$ 300. There are instances, aJ earlier d^rscussed, when ihe emptfylr gets pait of this levy from the maid's salary. This practice becomes o ,orrr." oi aislut"J or
di1Sr.ee1en11-as regards^.compensation. Coupled with exorbitant placement fles paiJ tg.both the Filipino and singapore-alr ager-rts, iases of non-paymeni underpaym".,'g o. delay in- Payment of wages arise. Most-of the time the empl6yer suc.essfullf .o-p"ts the maid to- sign promissory notes representing illegal exactions from the latter. But for the maid.who is unprotected by a standard em-ployi-rent contract by the DOLE ;J *h; signs dubious promissory notes, there is som-etimes no choice but to pay.
60
OCWs
in
1995
There are also many cases of sexual harassment. However, only those cases which are referred to the Philippine Embassy and the Singapore police are documented. There are unofficial reports of sexual abuse because the maid always fears the possibility of being sent home. In cases where the maid conceives a child as a product of sexual abuse, abortiory which is legal in Singapore, is always resorted to as the solution.
The case of Marissa Caranto has touched the hearts and shocked the sensibilities of the Singaporeans and Filipinos alike. She had abusive employers who caned her upon the slightest mistake. Her employers made her drink urine just for the heck of it. Her
knee was operated on as an experiment by her employers who were doctors. She tolerated all these abuses and indignities until the time when her male employer showed her his penis. She escaped from her employers' house and sought the assistance of the Philippine Embassy" Her case which reached the Singapore court would have merited a favorable decision but she opted for a S$ 38,000 settlement, the S$ 8,000 of which went to the private lawyer. She came home to the Philippines forever scarred by her experience, but said that she has forgiven her abusive empioyers.
4) Contract Substitution/Illegal Employment/Double Employment
In April 1985, Labour Inspectors found eight Filipino domestic workers working
as nurses in a nursing home.s The maids did not have work permits to work as nurses as they were deployed to work as maids. The Labour Ministry does not release statistics on the number of cases of illegal employment. However, sporadic reports in the press
indicated that many of them are doubling as non-domestic workers. In July 1985 for example, it was reported that 39 foreign domestic workers were booked by Labour Inspectors for engaging in non-domestic work. "Of these 39 domestic workers, 32 were Filipinas. They were found working in restaurants, snack bars, hawker-centres, chicken farms and factories."se Again, it must be stressed that these maids come to Singapore as tourists. They are not properly documented nor monitored. Their existence comes to the knowledge of the Philippine Embassy in Singapore when they go out and complain or report their predicament to the authorities.
Singapore takes pride in being tagged as probably the safest place in Asia. Crime rate is low because of strict enforcement of the law and the harsh punishment imposed on law offenders. Its resolute decision to cane Michael Faye, the American teenager who vandalized the car of a neighbor, caused a lot of fiak all over the world. But the government was firm on its stand on offenders of Singapore laws. Despite the plea of President Clinton to forego with the caning, Singapore pushed through with it, budging only to deduct one stroke from the original three. It is in this scenario that it must be understood that hardly would it be possible to engage in illegal activities in Singapore because people fear the law and the government properly enforces it. But like in all odrer normal societies, there is always an aberration. As such, lhere are still incidents when Filipinas, particularly maids, are not spared of these illegal employment activities. "Because the government takes seriously any abuse of its immigration laws, it is safe to say that the incidence of illegal workers in Singapore is minimal."60 But illegal agencies still exist. These are those who obtain maids by direct hiring without going through the Sinp;apore Labour Ministry. Sometimes, maids themselves become recruiters of their
sArotcarena, supra note 17, p. 1,05.

5"Ibid.
o"Filipina Migrant Workers in Singapore," supra note 22
1995
OCWs
in
61
friends who are still in the Philippines/ or are already in Singapore but have run away for different causes, "Employers-are known to hire iitegat wJrters to avoid the trouble of obtaining work permits and payment of the levyîlt
There is an alarming recent trend of venturing into prostitution. In the book, ,,No Monep No Honey" by David Brazil, which chronicles thl r"* rrade in singapore, it is reported that there are Filipina maids who engage in sex-for-sale activities iuiing their Sundays off. They oPerate on a free lance basiJb.-y cleaning a bachelor's flat on s,i"rauy, and then offer "extra services". sometimes 'to earn ,r-ro.6 -on"y than the lo* wugls most singaporean families pay them, some Filipinas link up witir Chinese pimps w"ho pick them uP on Sundays, then drive them ofi for bouts *ith p."-u..angei clients.,,6z Some runaway maids who do not want the Embassy's assistanJe have aiso joined the flesh trade to eam extra money, while they look for another employer. These realities contribute greatly to the over-all low perieption of Filipina maids'by singaporeans.
Nimfa (not her real name) was waiting for the resolution of her case which she to_ the Philippine Embassy. she deiided not to stay in the halfway house run I"f-:{ by Philippine welfare officers beause, according to her, th! regulations inlthe Filipino Center a.re very strict and there is little food glven them. She"stayed in the Emb'assy during the daytime and spent the nights with lilipino sailors for sex for a fee. She is just 18 years old. lncidents such as this further stiengthen Singapore's resoluteness in cracking down on prostitution and illegal employmJnt 5) No Security of Tenure
Act of singapore,,they are not protected by provisions on security of ienure. tnrr, tn"i. employment can be terminated. by their. without cause, when the employer
. sl:",
as previously discussed, domestic helpers are not covered by the Employment
"-ploy"rr does not pay_the ]""y:.!h: maid's employmeni is also terminated by the SingaporJan government. For the Filip-ina maid wlio has to pay debts for at leait u y"u.{ period, being dismissed ahead of.the actual expirationôf the contract causes a very serious problem. Most Filipinas who are forced to leave before the completion of the first two years of the c.ntract go home with nothing but bitter *"rnoril, of singapore.
II.
THE SENDER AND THE HOST COUNTRIES' EFFORTS AND RESPONSES TO THE FILIPINA DOMESTIC HELPER SITUATION IN SINGAPORE
govmment, through its Embassy in singapore, and the *ngupo." govemment, address problems concerning these domestic wJrkers" is crucial. * i
. 1.: previously mentioned, the primary concern of this study is to determine how the,Filipina domestic helper is protected in the worksite, particiarly when she suffers exploitatiory ill treatment, or is abused. It is true that the' PoEA has drafted rules on how to prosecute illegal and wa).r,vard employers. This area shall not be -recruiters discussed because the author has observed [hut *hut L ti-toru urgent is a formulation of a practicable and immediate response when thg Filipina aomeru.'*orker is confronted by problems in her work. At this juncture, a aescrrption of how the philippine
62David Brazil, No Money, No HoneJ (Singapore: Angsana Books,
5rPakick Tan, supra note 39.
pte. Ltd.,
1994),
p.
47.
62
OCWs
in CRISIS:
1995
This study reveals that the grand objective of the POEA to reach cases overseas is virtually powerless when it comes to actual enforcement. There has not been a case when a Filipina maid successfully prosecuted her employer through the POEA adjudication machinery in the Philippines. 'Ihus, to avoid impertinence, and to be fully in touch with reality, what will be discussed in this chapter is the actual existing system of protection the Filipina domestic helper can tum to when she is faced with problems
in
Singapore
A,
THE PHILIPPINE RESPONSE
1) The Embassy Network

Executive Orcler No. 239, also known as the Reorganization Act of the Department of Foreign Affairs (DFA), mandates that the DFA shall advise and assist the President in planning, organizing directing coordinating integrating and evaluating the total national effort in the field of foreign relations (section 4).6 The operations of the DFA are guided by the Foreign Service Code (FSC) as duly amended by more recent laws
and Lrders.n
The DFA undertakes two separate general tasks. These are the diplomatic and the consular tasks. The diplomatic function relates to all those activities undertaken by the
sending state to enhance and strengthen the existing bonds of friendship with the receiving state.65 The consular functiory on the other hand, relates to the legal and documentation activities carried out by the sending state in the host country to maintain good diplomatic relations.66 Included in this function are passport and visa processing, legal and notarial services, and, more importantly, the task of protecting and giving assistance to Filipinos
abroad.67
To assist the DFA perform its obligation to represent the Philippine govemment and
its policies abroad, other departments deploy some personnel to foreign service posts called attaches. The Department of Labor and Employment (DOLE) in Singapore is represented by one Labor Attache and two Welfare Officers with the rank of Assistant Labor Attache.
It is necessary to point out that the principal function of consulates and consular officers is to protect Filipinos abroad. Section 117 of the FSC specifically states:
"Eatry Filipino, transient or resiilent in the district of the foreign seroice post, shall be receiaeil nrdially and extended proper assistance regailless of his social status or immigrant standing."
Furthermore, the entitlement of all Filipino citizens abroad to the govemment's protection is mandated in section 119 of the same code stating that consular officers
c"Critical Assessment of the Government's Welfare Program," Fifth Annual Confermce of Oonseas Filipinos in Asia and the Pacifc Regron (Hong Kong: Asia Pacific Mission for Migrant Filipinos, 1990),
P. 91.
6{Ibid. 6slbid.
6lbid.
61bid.
1995
OCWs
in
may make,rePresentations on behalf of Filipinos when they are injured, are being oppressed, being Ciscriminated against, or deprived of their liberty, only to the extenl necessary to Protect their rights and interests. Section 121 of the FSC further mandates
to mediate disputes and forge part in litigntion."&
that "ulthough withottt ciuil or criminal juriscliction ooer Filipinos, officers may use tlrcir ffices amicuble settlements in cases hetuteen Filipinos without tiking
In line with the foregoing rules in the FSC and given the prevailing situation of Filipina domestic helpers working in Singapore, it is important to emphaslze the maior role the Philippine Embassy and its officers are obligated to perform. Embassy officials are supposed to render assistance to Filipinos abroad at all times as part of their service to the nation and in fulfillment of their task as govemment officers.
Former Labor Attache to Singapore Abraham Malli, when asked about how his office responds to problems of Filipina domestic helpers there, stated, however, that "tlrc Embassy is ttot the proper fontm to address tlu problem."6e This impertinent and misguided notion of the.Emb-assy's function in the light of the Filipina maid;s situation in Sing-apore, is antithetical to the essence of the role and obligation laid out by the FSC. This ofiicial represented the DOLE in Singapore for four years.
The Philippine Embassy faces a number of difficulties in performing its responsibilities to the Filipinos in Singapore. Monitoring the approxirnately 75,60 Filipinos is very difficult, if not nearly impossible.To This complication is further aggravated by the fact that most of the domestic workers who compiise almost all of the Filipino workers in Singapore go there without having been properly documented in the Philippines. Moreover, most do not register with the Embasiy in Singapore.zr
To encourage Filipinos to come out and have thernselves documented for better protection, the embassp through the labor attache, offers verification services for a fee of S$ 40. The employment contracts and recruitment documents of domestic helpers (or any Filipino worker for that matter) are verified so that when disputes arise, the ctntracts serve as source- of rights for the worker. This is also a way of ensuring that foreign employers are financially and morally sound.z "The aerification fee collectlon was set iry for the pilrpose of augmenting funds of the Labor office airoad to seraice ocws."R Thus, the collection goes to a pool of funds for all the OCWs abroad and not to Filipina domestic h-elpers in in particular. In 1.993, the Philippine Labor Office in Singapore was -Singapore able to collect S$ 201,500.
The consular desk also amends the passports
S$ 42. The amendment records the domestic helpers as service staff passport holders. This rectification, together with the verification diicussed above, u.,to*uti"illy tums the
of
dornestic helpers
for a fee of
domestichelpers'into members of OWWA. This entitles them to the basic benefits given by the administration. Thus, in principle, if they fall ill, the oWWA will shoulde-r the corresponding exPenses. When they encounter trouble, they can also seek the assistance
6lbid., citing the FSC, sec. 120. oAbraham Malli (Former Labor Attache to Singapore, 7gg0-1gg4), personal interview, 12 May
1994.
73lbid.
m"Filipino Migrant Workers in Singapore,,, strpra note 22. nlbid. zPhilippine Overseas Labor Office Annual Report 1993 (Singapore), p.
8.
64
OCWs
in CRISIS:
1995
its help-when.the need of the Embassy. The latter cannot reiect them,or refuse to extend helpers
arises. It is underscorea-o*" are oWWA members .;;;;
bv
tlie availablity of the amendment of passports :1,":,."';;;;;;";r.; ir"#il;i;X "i "*pr"y*"nt .o.tt u.t" gt"utty depends on the freedom of movement the afford their domestic helpers' Singaporean
that regardless whether the domestic to assist them as mandated legally-obligated is ,h" imbassy are still Filipino citizens they that fait the change can the FSC, because nothing and the
-ot", tio*"rr".,
"-pioy".t
into police and Complaints by Filipina domesiic helpers in singapore are classified while the desk' consular to the ref"ir"d ar" ca""" criminal or *"tf;; .:;;;."n J i"ii'." unauthorized deduction, welfare cases, which include non-Payment of salary, illegal are handled by the welfare exactions, and instances oi o,r".-*Jtking domestic h-elpers,
officers. rape, and serious physical The police or criminal cases including murder, homicide, the Singapore.police forwardedto then are dJsk, uU.r"", initlutty r"f".."Jto the consular is the complainant Filipina If the of Singapore' laws the with for prosecution in accordance pose-a.problem in a criminal .ur" uguin*-her employer,,the ne"iftr a lawyer_does_not If' however' FiliPina' the of behalf in will Prosecute because the government of singapore a Singaporean hire compelledto is she crime, a of iJcharged who i, r if-r" domistic helper or when the crime fee. only cases whereihe penalty of the crime ls {eat-tu i;;i;;f*; trafficking,.mtrrder' (i.e., drug. Law is srave or serious as classified by the'singupo."un avail of the free legal serv.ice 1iofrffii'.;;',il Jom"rtt. helplr wh9 i; ihe accused the attorney's fee' of a Singapor"u.r.or.r"l- fa"uffy, the Philippine Embassy.shoulders legal-assistance in of.seeking tdgn.cost tftg But this is hardly u".o-ptitft"d due to ;;g;d.; It thJn ..r""J to mind how the Jmbassy allocates the collection from veri*fication and amendment fees'
of, the iniUility to hire a private lawyer helpers brought to court are oftentimes accused In these case, however, the Singapore court leaves them ,rnr"pr"r".tr"d and unprotected. to avoid misdeclarations and firisunderinterpreter court allows thern to be assisted by a an international 6ader and viceGonzales, Isabel barrier. l;;il# th" ;;;i"; il" t (FAS),îs oftentimes summoned by president of the Filipinl A-ssociation of singapore
Thus,forthosewhoarechargedwithcrimeslikesimple.theft,whichmostdomestic
She has^been included in the the court as an interpreter to assist pr.sec.,i"d titipittus' since 1992' According to Ms' list of Filipinos eligible to serve aJ court interprlters render court work, "the justice to Conzales, who is summoned at least twice a month her task is rnerely Though corrrtpt."Ta rrot are <|sfprn rrf Sinsnpore is quite fair, ntttl ittdges
il"';;"ip;
of the Filipina whom she thinks manipulate the question, a.td u^#"rs for the benefit adeptness, may be made to mental of is irurocent t .rt, u".uur" oi igôron." and lack a- maid who was accused of case a in helped once answef to a crime.Ts Ms. Gorizaies while the case Was incarcerated was maid en'rployer..The her from oi-"t""tlng Sg 10 that she will be so crime the to pending. The iudge advised tire'maid to admit and was astLlte her principles c.mpr.mise to refused maid i""Ji,i3""if' ,ui*r""a. S.,r the Thus' she was strong' her.was. in her plea of innocence. The evidence presented against thereafter' deported immediately aid convicteci but was released a few months later
of the (Filipina part-time court interpreter in ^sîngapore and Vice-fresident 1994' Ivlay interview' Filipino Asso.iation of Singaporl), pettonol
Talsabel Gonzales
TsIbid.
"f;" th; l..rt'"a
Filipina,"she feels that she
is obligated to
sometimes
1995
OCWs
in
55
Contemplaciory a Filipino maid convicted of killing Delia Maga, a friend and l1i9* 19-"stic helper, and the latter's Singaporean ward, is ientenced t6 hang in March 1995. Since the crime she committed is punishable by death, she was proiided with a free lawyer by the Singaporean Court. Considering the gravity and sensitivity of her crime and the overall vulnerable situation foreign maidJ experience in Singipore, a vigilant stance should have been afforded Contemplacion's case by embassli offi"iul". DespiErhe conseqnences of her crime, however, she was not given a privite lawyer by the Philippine Embassy because of lack of funds.
_
-. Flol
Welfare cases are forwarded to the welfare officers. The agent, the domestic helper, and the emp_loyer are summoned to the embassy for a possible compromise throlgh conciliation. It is conducted on an informal basis. The uutho. had thl opportunity "to observe four conciliation proceedings. It is noted that the welfare officeri'addr"6 th" maids in a rather condescending manner. In the cases observed, the officers tended to blame the Filipina domestic helpers.for their predicament -- for coming to Singapore as tourist+ for being too_ sensitive, for appearing ignorant and foolish,"for disp*laying hysterical behaviors, etc. In faimess to the *elfarJofiicers, handling such cases can really test one's patience. But it must be borne in mind *rat thesJofficers are """.yau| "mptoy"i t y !-" govemment because they are supposed to be experts in cases of that natuie. the welfare officers should strive to be sensitive to the needi of the particular class of people they are tasked to serve. After all, they are paid by taxes the ordinary Filipino .ltii".,
PAYS.
in the Embassy, it is forwarded to the Singapore Labor virtually joble-ss. However, because of a special arrangement between the Philippine Embassy'and the Singapore Labor Ministry, the Filipina maid's work permit is no-t immediately cancelled up"ori the
Ministry.
So while the case remains unresolved, the Filipina is
-. If
the-disp-ute is not settled
in singapore. Consequentlp she may not be promptly arrested. This ls- u [."ot improvement compared to the time when the maid's permit was immediately canc!iled and if the maid is not immediately repartriated because neither the employer nor the agent agrees to Pay the plane-fare back to Manila, she can be arrested for lilegally staying in Singapore as she does not possess the required work permit.
Domestic
can stay in the FiliPino Workers Development Center (FWDC). "In view of the high incidence of caseL lyoglzting Filipino domestic hetfers, ttrc Philippine gouernment tirough bWWA set up a FWDC in Singapore. Center is designed to serae ihe social, culturall ileaelopmental -The and recreational needs of Filipino workers in Singapore. lt also seroes as a L,enue crisis
inter<tention
latter's referral of the case to the authorities. Thus, she is not considered as staying illegally
lelpers who have run away or are awaiting the resolution of their
cases
for workeri with
problems."Tt
for
. The Center is- supervised by welfare officers. The 1993 OWWA report states that there was a significant decline in the number of wards housed in the Center -- from a high of 188 workers in 1990 to abour 20 to 10 in 1993.
Thlough interviews with runaway domestic n"tpor, however, it was discovered that a number of domestic he-lp9r1 opt to stay with friends or in inexpensive hostels while their cases are being decided. Some maidi said that it was difficult to abide by the house
rules of the Center, while its facilities are inadequate.

751993
OWWA Report.
66
OCWs
in
Workers CRISIS: Protecting Filipino Migrant
1995
ThereareconflictingrePortsbyq"maidsandthewelfareofficerinterviewedon the author visited the Center' an inspection the actual condition oi''U""'C".r,"r. When ofthedifferentcoursesoffered.thereinwas.made.Themaids,quarters,however,were offers course" on comp"ter literacy' nursing not allowed t" u" L"i"".t"]. Th"-a,""". The proPosed future courses aid.e, fashion a"rigni.[, ;"J f'g' "T|+T""t Programs' are in line with Labor proSrams include intemational ,iririr"," and orchidarium.'The"se helper in preparation iomestic Filipina the of educating
Secretary Confesor's overall goal
ao*utic.hetper shourd be considered in possible ,fn'.i"gt ttt"r" io,ir""t, the maids aie educated as a temporary tiortilrooi.lr| 3"
for their finar rerum

home.
; ;Jf;4il;;;il;?k;;
g o,
areasofself-sufficiencyforbusinessProsPectsinthePhilippineswhentheyfinallyretum
2) The Church Groups and Filipino NGOs

organizations, mostly^church-based' which There are also several non-governmental the u.,J ."piri*ul g,ridun.".- services given by render support tt rorrgtr-*oral ipliftmen, support. and legal include .o.rr,r?lt rg, pasioral care,
church
cu*,oii."t".gy-r,,'T?i#,n*nU*":;m,'i.TTJ:it*1",ilfi
origins The existing OWWA Center had its
it
u.
SIotP' 9st1b,l,ished
by the Roman
t:"*"t*t'f,:
yffi;#i3lffi";,;ecause
Political grouPs t* form groups *"rt ;l;;;itri", *iin *Jtt'-mb*tt aithoritarian svstem of govemance' rule is enforced b".";;r;?'SGopo."', or gro"p" o,h"r than for religious or socialization The state does not "il; ,h" foim'ation o,ritttuilnu unauthorized congregation of Filipina purposes. Welfare offi.;, h;;if.*" Filipino urr"o.uly. Rs Jf present, the onlv-recognized of maids may u" au*"rrûi"u" iff"LlL to*ittittgf"*clusively oi Sir,gupoi", a SrouP organization-is the Fft;;;r?;;;,i.;
tendencies' or ,,r"pr.io.," orii',L to.*"r's "subversive" wish to who those state'.All *itti/'"o"ito"a Uy *t" Si"luPorean stringent This agency' govemment .irJuppropriutl
Filipino Protesslonals' as a halfway *ro*r'io, ,"""."3V is the clandestinebasis.Althoughitishardlybelievablethatsuchactivitiesarenotknownto r'o. tt" Center's continued existence singapore u.rtho.iti"i-tt E best explanation oassiveacquiescenceofSingaporeasitswayorcontributingtotheassistanceofFilipina suffer in the hands of its people' #;;";# B. THESINGAPORE RESPONSE
shifts, been some significant peripheral policy As previously discussed, there have Singapore The Labour'ru of Miriistry the Singapore's though inadequate,l"n',f." i"" "f workers must the pa'ssport and work permits of the that ;and'ates no; Employment Act employer' the or not with the-agent became be in the por,""'#'i'in" ao*"'ti9 1gii"ti""a This permits' work and th" puttpott In the past, agents'il;p;;"ir ttAa
Development Program [FILIDEPI in zSr. Mary Laetitiae, RCS (Founder' filipino Ongoing interview' 13 May 1994'
The present
owwA
Its primary function Center is registered as a residential facility' on a "maids.and development center
is operated
Sir,eup;r"), P"isonal "'fgg3 Annual RePort'
1995
OCWs
in
67
with this
a source of problems as the maids were at the mercy of the employers or agents. But change, the domestic helpers are now secure that in the eveniuality of complir-'ations, they can alrvays present their passport and work permits as proof of the legality of their stay in Singapore.
The Singapore Labour Ministry has also recently established the procedure for the reception of cases filed by Filipina domestic helpers. To complement this, a hotline was also created between the Philippine Embassy and the singapore Labour Ministry.D
Through this hotline, quick communications can be made
by
embassy officials to
Singaporean authorities conceming maid cases. Welfare Officer Annie Israel points out, however, that the conciliation board does not always function to the advantage of the
domestic helpers. As per Ms" Israel's assessment, for every ten cases forwarded, one is Cecided against the maid. CONCT,USION AND RECOMMENDATIONS
The situation of Filipina domestic helpers in Singapore necessitates an in'rmediate remedy which is easily adaptable to the social and political realities of the host State. This research reveals that although there is an effort on the part of the Philippine Sovemment to assist the domestic helpers when problems confront them, stili the inadequacy_ of its protection mechanism pales in the light of the spate of abuses encountered by Fiiipina domestic helpers in Singapore.
The facts of the situation cannot be altered. Protection by the Philippine government is limited only b +.he services giverr by its Embassy in Singapore. Filipina domestic helpers
are not covered by Singaporean labor laws. Singapore has resolutely rejected the Philippines' proPosal to enter into a bilateral treaty embodying a program of assistance for Filipina maids in Singapore. Assistance by Singapore is limited to the conciliationcum-grievance section in its Labour Ministry, which maids can approach when the need
arises.
It is worthy to note that the competence . be questioned. The State's laws
of the justice system in Singapore can hardly
corresponding punishment and retribution which are meted oui when the law is breached. But this strict adherence to justice is not always exercised in favor of the Filipina domestic helper who, b-eing considered a second-class citizen, is discriminated againsi. Conciliation proceedings do not always work to the advantage of the maids. In thJ ultimate analysis, the efforts of Singapore are not focused on the prevention of abuses and protection of the maids; rather, they are rnerely directed at remedying the harrn once ii has already been done.
are strictly enforced and people generally fear the
It is parochial to assume that Singapore will bend its laws and sacrifice its interest for the benefit of foreign domestic workers whom the government wants to eventually do without. Likewise,. it is illusory and inilicative of impotence on the part of the Philippines to exPect that the special policy reformation wiil be extended by Singapore to protect the Filipina maids.
The Singaporean Soverrunent apologizes to no one in prioritizing its own interests
TrIbid.
68
OCWs
in
199s
and service to its people. This should, however, serye as a caveat to the Philippine
govemment. Nobody will help the Filipinos unless they help themselves. The government should not depend on host states for the protection of our workers. Though apologists in the DOLE would say that Filipino OCWs, as intemationally shared human resources, should also be the responsibility of countries who utilize their services, still, the apathetic
and half-hearted performance in policy-making to the point of clear inaction of the Philippine govemment cannot be excused. The govemment should look into what it can do at its end and how it can address the problem head-on.
This study proposes several immediate measures directed at policy,shifts and possible legislative actions to be initiated by the Philippine government. A workable protection scheme, rather than a long-term plan for a phase-out of deployment is more realistic in addressing the needs of Filipina domestic helpers in Singapore. However, it is not the intention of this study to add to the empty declarations of policies which can not be used by these workers as a potential source of protection.
The problems confronting Filipina domestic workers in Singapore are two-fold:

1. They are prey to a host of problems plaguing the recruitment business.s0 These include excessive fee exactiory illegal or double employment, contract substitution and the absence of a standard employment contract respected by the Singaporean agents and employers. The root cause of these problems is the easy access to Singapore of prospective maids which can be attributed to Singapore's free market policy of accepting tourists without the need of a visa. This factor makes processing of papers through the POEA unnecessary and tedious because Filipinas can always leave as tourists. As such, they are not required to have their employment papers processed through the POEA since this mandatory requirement covers only those who leave with working or service-staff visas. Thus, Filipinas go to Singapore undocumented and unprotected. This phenomenon is what the Philippine Embassy in Singapore calls the "Tourist-DH Problem". A crucial task then is how to monitor these Filipinas who leave as tourists and later on acquire employment in Singapore. A concomitant undertaking is how to make these Filipinas fall within the protection of the Philippine law by having their employment registered
and processed through the POEA.

2. Having sought employment in Singapore without the proper documentation with the POEA and the OWWA, the Filipina maid is left defenseless in the hands of her employer and agent. The only protection she can avail of is the Philippine Embassy's system of assistance. As earlier explained, however, the protection extended by the Embassy is inadequate or not responsive to the problems confronting the overseas domestic worker. The Embassy's protection reaches the maid only if she reports her case. Those suffering everyday exploitation like non-payment of wages, double employment and poor working conditions do not come within the Embassy's care. Moreover, most of the distressed or runaway maids interviewed complain of the apathy and condescending stance displayed by the Embassy officials in addressing their grievances. These maids who have already been subjected to discrimination by their foreign employers are not spared from a similar treatment by their countrymen who, in the first place, are supposed to serve and protect them. Thus, a crucial point of discussion is the protection at the worksite and a d5mamic system of how Filipinas who come as tourists can be reached and be informed of their rights.
mMary Ruby Palma Beltran. supra note 50, p. 35'
1995
OCWs
in CRISIS:
69
A close look at the existing POEA system reveals that there is a legal lapse in properly enforcing the mandatory POEA processing of Filipinos seeking employment- abioad. Workers who leave as tourists are beyond the reach of the rules. The evolution of the
of the POEA, having as its,foundation the presumption that, indeed, OCWs wili ilways opt to be processed by said agency. These considerations were perhaps overlooked. The impending possibility of workers leaving as tourists seerns to not have been considered in the drafting of the POEA rules. The void has not been filled and has been left uncorrected. Now, it is one of the most insurmountable problems the DOLE has yet to solve"
Regarding rhe "Tourist-DH" problem, it is initially sup;gested that the philippine government once again open channels of discussion with Singapore on the strict adherence to the mandatory registration and processing of employment documents of Filipina rnaids wrth the POEA even as they are ilready employed in Singupo.u. Of course, this study does not discount the more ideal possibility-of a bilatera'i igreement with Singapore. But since Singapore has been adamant in refusing to entei into such an agreement, other means should be explored.
different methods of deployment abroad has now overshadowed the simplistic approach
It is to be asserted that Singapore agents should only recruit maids who have passed through the PoEA. A more ideal anangement would be the inclusion of poEA registration in the requirements and conditions of employing Filipina maids. This added requirement should bind the agent and the en-Lployer to the extent that non-compliance would automatically mean the denial of a woik permit for the maid. of .orr."6, o^"" a Filipina maid's iob application is coursed through the POEA, a standard contract will Eovern her employment and strict compliance to the same should be observed.sl In the event that such proposal is again rejected by the Singapore Labour Ministry, the Philippines can ask for the list of all Filipina rnaidi. Their a=cidresses and the names of their employers should also be acquired. This proposal should not pose a burden on Singapore as it will not be obligated to provide for a special committee or section to fac-ilitate the acqrrisition of the said information. Only a list is to be asked. Once the list of Filipina maids is obtained, the Embassv .un se.td letters to them individually (or
81For overseas workers whose emplol,rnent are processed by the pOEA, the Adrninistration sees to it that the employnnent contract which will govern the Filipino worker's emplopnent shall conform to the minimum standards as mandated by Book II, Rule II, Section 2 of Ruies and Regulations Governing overseas Employment (As Amended) of the poEA which states: "The following shall be considered the minimum requirements for contracts of emplol,rnent: Guaranteed wages for regular working hours and overtime pay for services ..ndered beyo1d ,a. regularrvorking hours in accordance with the standards establish;d'by the Adrninistration; b. Free transportation from the point of hire to site of employment and return; c. Free emergency medical and dental treatment and facilities; d. fnst causes for the termination of the contract or of the services of the workers; e. Workmen's compensation benefits and war.hazard protection; f. Repatriation of worker's remains and properties in case of death to the point of hire, or if this is not pos.sible under.the circumstances, the proper disposition thereof, upon prior arrangement with the worker's next-of-kin and the nearest Philippine Embassy or consulate through the Oifice of the Labor Attache; g. Assistance on rernittance of worker's salaries, allowances or allotments to his beneficiaries;
and
h. Free and adequate bo-arrl and lodgrng facilities or compensatory food allowance at prevailing cost of living standards at the jobsite.,,
70
OCWs
in
1995
they may be personally visited where ,they work by labor officers), informing t"-1 "f the rectification of passports and accreditation services offered by the consular and labor desks at *re Philippine Embassy. This is a way of reaching out even to those who may not be experiencinf exploitation and abuse. At the same time, this could also be a gugd o. p.*u".rtion ,nearrr."ior possible problems.-Ideally. they should be informed *rat POEA registration is to become mandatory even -if they have left the Philippines as tourists. To" perform this function of monitoring Filipina maids, the labor desk at the Embassy snoita be strengthened and expanded. As eaili"r discussed, there are only three (3) labor officers (one La6or Attache u.d t*o OWWA officers ranked as Assistant Labor Attaches) servicing at least 55,000 Filipina maids in singapore Thus,- in order to have an effective monitoring scheme, additional labor officers are required' Another way of correcting the outflow of "tourist-DH" to Singapore is by ..:1ltl.8 a special coordination unlo.tg-th" Commission on Immigration and- Deportation (CID), the DFA and the DOLE to eff-ectively monitor all Filipinas bound for Singapore. A speciai inqr-riry is to be made at the Ninoy Aquino International Airport or other-points_of_exit, by'Im'migration officers for Singaporg-bou1d Filipinas, (15 to 55 years old). If a Filipina reveals tiat she is to work as i maid in Singapore, the lmrnigration officer will direct her to the labor detachment which is set-up ideally only for Filipinos who leave the country after being processed by *re POEA or those holding service staff visas. The labor officer'will in turir'provide hei with an information brochure which will educate her on the realities which await her in Singapore and the possible rectification of her passport and verification of her employment contract with the POEA which are available at the Embassy. This procedtlre is to be done cordially and must be executed in a way that tl"r" p.oip".tive maid will not have the mistaken notion that she is illegally leaving the .orrity'and will be accordingly dealt with by the-law.-This factor isimportant as the maid may have certain apprehensions in coming within the protection of the govemment. to register Besides, sin.e the said Fiiipina is holding a tourist PassPort she is not required is really there Thus, abroad. pOEA work even if hei real intention is to actually with the with complied has she after exit only her allow and no cause to defer her departure can This proposal the POEA. with and processing registration the mandatory .be considered u"'"usiiy enforceable ui it ir possible without necessitating the cooperation
of
Singapore.
Another pc'rssible way of monitoring_the outflow of "tourist-DH" is to again coordinate wiih the CID io instruct its olficers at the airport to enlist or register all Singapore-bound Filipinas (15 to 55 years old) and ask for their estimated date of returry *ftE 6 ,n"y will stay in Singapore, and the PurPose of their visit. It is presumed that most prospective miids will"not disclose their real intention in going to Singapore. *:t, those'who will fail to retum after six months are deemed prima facie to have sought in singapore. This inforrnation which is to be kept in a-computerized data "rr1ploy*".rt Uutit, i"iff b" acq.,iied through a ProPer monitoring of all those who have retumed from Singapore or have passed tt-.tin ihat country. Such informa.tion is readily-available the DOLE tn.;'"itt a simple inspection of iassports. With this presumptiory the CID those who locate and communication exchange will and tfre labor iesk ud tl.r" E*burty covered be will only maids that It is itressed Singapore. in worked to have are deemed bv this scheme. Those who are fo'una to be working with employment passes (with rjfuti"r above S$ 1500 and are within the protection of Singapore labor laws) are not benefits of covered. After being successfully located, the maids will be informed of the documenThe mere verified. contracts employment and rectified passpoits their having It is exploitation. against guard a good tation"of the'maids' employment is in itself required be mandatorily to have still they will tourists, as left O.-"*r"O that even if th+
1995
OCWs
in
71
to register and be processed under the POEA. Otherwise, non-compliance would entail possible adverse repercussions in future renewal or application for passports. This could be done through proper coordination with the DFA. Furthermore, since Singapore is such a small state, locating the maids would not be too difficult. Different means of monitoring should not be limited tc the different methods discussed above. Other creative strategies should be explored to be effected in the Philippines and Singapore without infringing on the constitutional right of Filipinos to travel.
to the idea that monitoring of Filipinas' entry to singapore is singled out, deployment to other countries where there is a concentration of Filipina maids, especially to those considered as "unfriendly states" or "high risk" areas, will also be monitored. It is stressed, however, that the Singapore situation is unique since it is a member of the Association of Southeast Asian Nations (ASEAN) where Filipinas can travel without visa requirements which makes it easier for maids to find employment without being documented. Thus, singapore should be a prime focus of the proposed monitoring
schemes"
So as not to create diplomatic repercussions because Singrpore may react negatively
When the Filipina maid is registered under the POEA, protection will easily come into view as a standard employment contract will be provided for and the maid's situation will be properly monitored. lVhen the suggestions aforementioned are already implemented through legislation or executive enforcement mandating the proper mechanism to enforce the proposed monitoring scheme, the labor desk in the Philipine Embassy in Singapore must be expanded by hiring more welfare officers or social workers to meet the demands of the growing number of PoEA-registered Filipina maids.
Since the role
the Administration should streamline its bureaucracy and minimize red tape in th" proces,
of the POEA is highlighted in the documentation of Filipina maids,
sing of overseas workers' employment to attract agencies, employers, and employees to come within its jurisdiction and protection.
It must be stressed that more welfare officers, and not diplomatic personnel without in relating with OCWs, are needed.- Labor oificers abroad are oftentimes accused of not being properly educated in addressing the needs of OCWs. The Singapore situation, as the author found out, is not an exieption.
the proper orientation
There is a need to deploy lawyers cognizant
the-domestic helpers-when they are involved in legal disputes. A moie urgent remedy i'q the employment of Singaporean lawyers who can validly represent Filipina maids in Singaporean courts. This will ensure that the rights of the maidJ will be asserted because the lawyers will be permanently retained by the labor office of the Embassy. The Filipino lawyer r,rrill jn turn make certain that legal assistance is properly rendeied. Funds for the said undertaking will be taken from the verification and-rec[ification fees collected by the Embassy from Filipina maids. The main pool of dollar remittances of OCWs should also be tapped. A considerable amount from such source should be allocated to a formation of a legal fund which would create special le6;al offices or agencies in countries where Filipino OCWs abound. Since the DOLE provides for PDOS to dornestic workers, the labor officials who are tasked to look after their welfare when they are already in the worksite should
of the laws of Singapore to
assist
72
OCWs
in CRISIS:
Frotecting Filipino Migrant Workers
1995
also undergo a similar kind of seminar which would teach the officers on how to be more responsive to and effective in addressing the plight of overseas domestic workers. As far as the Singapore experience is concemed, most of the maids who were interviewed expressed their dissatisfaction over the performance of the labor officers when their
assistance
is
sought.
A country-specific seminar similar to the PDOS offered by the POEA and certain NGOs should be made readily availiible by the OWWA through the Filipino Workers' Center in Singapore for Filipinas who are interested with the culture and employment realities of the City-State.
This study supports and recommends the immediate implementation of Department Order No. l3 which is under restraining crder pending the court decision on its validity. The mechanism of monitoring both the workers and the agencies, offered by the said Order will be a major source of protection if made operational. The implementation of the Order, however, will have a not so significant effect on the "Tourist-DH" as the said order does not have a way of sanctioning their entry to Singapore. Besides, the initial reaction of Singapore maid agencies, as earlier discussed, is that of non-compliance to the order. Still, its immediate enforcement is higtrly recommended as it could potentially be a powerful precedent in providing for protection for overseas domestic
helpers.
Furthermore, the Order will be more effective
if the proposed monitoring
schemes
are implemented.
The proposals given may appear harsh and drastic, but the urgency of a bold policy revision is necessitated by the gravity of the problem confronted by Filipina maids in Singapore. So long as positive actions are not undertakery and reliance on the existing weak protective measures is continued, the same cycle of abuse will not be curtailed.
The Philippine govemment should not rely on the benevolence of Singapore. Since what has been shown our workers is a stance of indifference, the Philippines should take the initiative and prove to Singapore that we do not rely on its mercy" Until the Philippine govemment shows that it takes the abuses suffered by Filipinas seriously, respect from Singapore will never be achieved.
1995
OCWs
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UNDOCUMENTED FILIPINO MIGRANT WORKERS: Unreported Fissures in a Developing Overseas Employment program*
By Lorenzo G. Lao
INTRODUCTION
From the first wave of labor migration in the 1900s,1 until the third quarter of 1,994, millions of Filipinos have braved the oceans to forage for greener puit.rr"" in other nations. They are in the deserts of Saudi Arabia and the freeling *ui"rc of the Arctic; in the entertainment-points of Japan and the AIDS wards of US iospitals; in the hotels of London and the brothels of Amsterdam; in opulent villas in Rome and oil tankers in the Mediterranean; in factories in Taiwan and iasas in Spain; in a car assembly plant in Malaysia and a nuclear plant in Syria; in schools in Africa ind newsrooms in Sinfiapore; in apartments- in Hong Kong and factories in Seoul and in the nightclubs of Saip"an and the bars of Abidjan in the Ivory Coast.2 Indeed, President Ramos-has said that roughly 130 countries host Filipino overseas contract workers (ocws), as compared to"reb countries in the official United Nations roll.3 Greener pastures were definitLly found yet many were exposed and subjected to various forms of exploitation in these foreign lands. Recent statistics indicate that
in
From January to October of 7994, a total of 527,765 overseas contract workers were processed and deployed.s Since 1988 to 1.993, records show that a steady increase in overseas contract workers was the trend.6 Statistics of the Department of Foreign Affairs (DFA) indicate that there are about 2.45 million documented migrant work"ri a figure that is expected to Srow by more that 5% until the year 2000.7 But this is as regXrds documented migrant workers. On 3 March 1995, Ms. Catherine Maceda, Deputy Exeirtive Director of the Commission on Filipinos Overseas of the DFA, before a conference entitled "Protecting Filipino women Migrant workers: problems and Challenges,, sponsored by the Ateneo Human Rights Center, presented statistics that indicateJ thaf there were 1.5-M undocumented Filipino migrant workers in 1990, which rose to 't.79-M in 1993.
Processed and deployed by the Philippine Overseas Employment Administration (POEA).a
7993, 738,958 overseas contract workers were
in partial fulfillment of the requirements for the degree of Juris

lHow Labor Migration Commenced,in the Rp, tOOeV,
Filipirc of the Year, The
()zterseas Contract Worker, 1,
, - - _21'994 "1995_
.P*l of-a thesis presented to the Ateneo de Manila University
School Doctor.
of Law in March
1995
May 1,994.
PHILIPPINE DAILY INeUIRE& 1 January
Fid,el, Oaetseas EnryIoyment Program: Anlndispensabb Progranr, a speech delivered during the Conference on Overseas Employ'rnent: ln Search of Relevance rrli N.* directions, 16 - 12 Nov. 1992, 5 oVERSEAS EMPLO\ 4ENT INFoRMATION SERIES 6, at 10 [Dec., I99Z]. 4OVERSEAS EMPLO\'1\4ENT STATISTICAL COMPENDIUM (7g8' . $g3), DEPARTMENT OF LABOR AND EMPTO\ .{ENT, PHILIPPINE OVERSEAS EMPLOYT\4ENT ADMINISTRATION [hereinafter cited as OESCI. sPoEA, Policies and Programs planning Division, Branch, preliminary statistics. OESC, supra note 4. TSalcedo, Socorro, Foreign Offce to Giui Ooerseas Workers More Opportunities, THE pHILIppINE STAR, 3 January 1995.
3Ramos,
74
OCWs
in CRISIS:
7995
The resulting contribution of the OCWs in terms of dollar remittances has also been significant. It ha"s even been ventured that almost one-fourth of the ccuntry's forei5pr ex-change comes from remittance of OCWs.8
1993, the following have been identified as the remittances.e
In
top ten host countries in terms
of
1.) United States of America 2.) Kingdorn of Saudi Arabia

3.) |apan
4.) Hong Kong

5.) Germany 5.) United Kingdom 7.) Italy 8.) Australia
9.) France
10.) Netherlands
us$ us$ us$ us$ us$ us$ us$ us$
Lrs$
i,r71,,761,000
1,35$97,CoQ
60,355,000
47,241.,000
45,422,040 35,216,000 27,169,000
9,654,004
7,534,000 7,24o,ooo
us$
Despite such enormous financial contribution to the Philippine economy, the Philippine government has been complacent in its policies towards Preventing the increase of ,iria"""l*ented migrant workers. No substaniial efforts have been reported towa.rds
the active protection oi tLt" flipitto undocumented. Surely, _the status of an illegal alien would invoke some fear and suirender in the spirit of the undocumented Filipino migrant such that he or she is forced into silent submission to different forms of abuse - lower
than minimum wage levels, maltreatment, violence, sexual abuse, inhumane living conditions, vicious i"port tiot proceedings, and other forms of exploitation . .*,h:"1 ;h;;pil;"r" und artiorities in the host country perform. The ventured rationale behind form' such ili-treatment is the illegal status that allegediy deseryes a penalty in whatever THE SCENARIO
work Since the early 1980s, an increasing number of Filipinos trave sought overseas wimo,tt regular liorking contracts. It"has been common for workers to depart under the auspice"s of a tourisivisa and to remain abroad clandestinely. While it is impossible to know the actual number of these clandestine migrants, there are indications that irregular movenent has substantially increased since 1980. In 1985, 55,000 cases of illegal has increased to entr"y were investigated by Kuwaiti iYl::iti9t; by,]9le' -this.number the deportation Saudi.Arabia, In AV 100,000 *u, pioi".t"d"to exceed iS,06O 2?7 compared to 88,000 in 7979, and ""a 3b0,000, exceeded 1985 and in'1985 of non-nationals will continue'ro trend this that are indications all
Irregular employment has spread u"I?11 the Middle East, as reflected in the number deported or riripifi"r uppr"hended in Japan,from 1982 to 1988. The number of Filipinos have led figures These in 1987. 8,000 i-* j"pur, ,ti" from 409 in iggZ to more than
sAsis, Maruja, The ooerseas Employment Progtam Poticy, IMPACT & POiICY [Battistella and Paganoni, eds' 1992l' eOESC suPra note 4.
in
PHILIPPINE LABOR MIGRATION
t.f-i.,JgriJt, Bruce, Migration
Networks:
Case Study
in the Philippines, 2 APMJ 75, at 83
119931'
1995
OCWs
in
/5
researchers to estimate that there could be as many as 100,000 Filipinos working illegally in Japan. Officials in the other Asian countries of Malaysia, Taiwan, and Singapore have
aiso reported increasing numbers of irregular and undocumented Filipino workers.rl
could be summarized into high demand for labor due to high domestic productivitp high relative wage levels, persistence cf labor shortage due to changing demographic factors, and appreciation of the foreign exchange value of the yen.r2 fheJe sum" faitors
A specific scenario on undocumented contract workers can be found in Japan. In recent years, the strength of the yen and the Japanese economy have attracted workers from all over the world, especially from Asian neighbors. Relevant "pull factors" in ]apan
have attracted not only lawyers, investment bankers and real estate trusts/ but also factory and construction workers, waiters, waitresses and other laborers in search of economic opportunity and a better life. Data indicate that 59.1"/" of Filipinos in Japan are entertainers, 20.4o/" are construction workers, 8.0% are factory workers, food service
workers" cooks and
waiters.13
Japan's resPonse to these new immigrants has been mixed. It has eagerly accepted technical expertise; it has begrudgingly admitted service-sector workeri; and it-has officially barred the gates to simple laborers. The official exclusion of these undocumented simple laborers has not deterred them from entering in ever increasing numbers.la In the first six months of 1988, 8,903 cases of immigration law violation.s were handled b_y^ lhe Japanese imrnigration bureau, a 237" increase over the same period in 1987.1s Of the 8,903 immigration law violation cases in 1988,7,796 involved uniuthorized labor, compared to 5,802 unauthorized labor cases during the same period in l9gz. when measured against 2,339 unauthorized labor cases for 1983, the trend is definitely a cause for concern.l6 Overall, the number of foreigners entering Japan during the first half of 1988 increasedby .3% as compared with the first half number of visitors "t 19Sf . The fronr other Asian countries increased by 17.7"/" and comprised rnore than 1/2 of the total Of the7,11.3,995 who entered,893,754 were enteringfor the first time, and 48.5'/" of them claimed to be tourists.lT An analysis of these reporied immigration law vioiations reveals that an overwhelming number of laborers come from Japin's Asian neighbors. In the first half of 1988, as in past years, Filipinos topped the list of undocuirented
worker deportees, comprisinS; 41.9% of the total. Continuing this trend as in 19g7, Pakistanis and Bengalis were second and third on the list respeitively, pushing the Thais It_o-four1! place.t8 For the first time, male deportees outnumbered"female dJportees in 1988, 4,197 to 2,999.1e
The following table breaks down the deportation figures of Filipino illegal imrnigrants from 1982 to 1.987 as compared to the total deportation figures.2o
ttld., at
t3ld..,
rlA.mante, Maragtas, The "Filipirc Dekasegi Rodosha"
83-85.
10, at 15 [July
Dec. 1991]"
in lapan, 1s pHILIppiNE LABoR REVIEW
kSelby, Marilyn, Human Rights and Llrrdocumented lmmigrant Workers in lapan,26 STANDFORD IIL s25, at 32s [Fall, 1989]" tsld., at 327.
r5ld., r7Id,, tEId.,
at
22.
mld., at 329; see also Lindquist, supra note 10, at 85.
teId, at 329.
at at at
328. 328. 329.
76
OCWs
in
1995
1982
1983 2,339 (200)

(2,1,39)
1984 4,783 (350) (4,433) 2,983 (e5)
1985
7986
8,131
1987
11,301
Total
(male) (female)
1,,889
(184)
5,529 (587)
(2,136)
(5,995) 5,297 (1,500)
(4,289)
(1,705)
409
(4,942)
3,927 (34e)
9,a12\
8,027
Filipinos
(male) (female)
1,04i
(2e)
(1,L12)
(13) (3e6)
(2,88n
(3,578)
$,79n
(2,253) (5,774)
or deported from |apan are thus

1988
Figures for the succeeding years on Filipino entrants and entertainers either entering
presented.2r
1989
1990
1.08,292
1991 23,893*
Entrants Entertainers
86,567 47,423 5,386
88,396 32,719 4,495
42,867
7L,924
Total
Deportees
5,062
Male
Female
1,688
1,503
1,793
J,ZOC
*+
3,698
) 9q)
**
* fiom January to March

** data not available
1991.
Source: Report of the Office of the Labor Attache of the Philippine Embassy in Japan,
enacted in 1952 and amended in December of 1989.n The amendment was brought about because it has become imperative to address the increasing cases of illegal employment
Such figures may be attributed to Japan's Immigration Control and Refugee Act
facilitate
of foreigners and to deal with employers and brokers who manipulate and
illegal
entry.23
The problems of said undocumented migrant workers in ]apan include poor working and living conditions/ absence of any health or accident insurance, lack of job stability, employers withholding wages after performance of work and extortion and violence by organized crime.2a Filipinos in Japan often are promised jobs as waitresses or "plain
2rBallescas, Ma. Rosario, Undocumented '],993, at 41..
Filipirn Workers in lapan, ASIAN MIGRA IT, April - June
zSardana, Ma. Concepcion, Employment and Wage Leael Impacts of Foreign Migrants in lapan, 1.5 PHILIPPINE LABOR REVIEW 40, At 42, INTERNATIONAL LABOR MIGRATION: TREND' ISSUES & PRoSPECTS [July - Dec. 1991].
Bld., at 43. zaSelby, supra note
1,4,
al
33T.
1995
OCWs
in
77
hostesses", but are forced into prostitution once they arrive in japan.2s In a typical case, the employer will take the woman's passport and retum ticket from her upon her arrival in ]apan, making it very difficult for the woman to escape even the most exploitative treatment. The womery who in most cases cannot speak Japanese/ are not told their employers' names or the addresses of the clubs in which they work. Thus, even if they do manage to escape or to contact the police, there is little action these women can take against their exploiters.26 The problems of these Filipina entertainers would include the imposition of stiff penalties for absenteeism or tardiness, the attitude of the employers,
jealousy or rivalry among workers, long working hours, communication gap between entertainer and employer, alcoholism, drug addictiory illnesses arising from fatigug exploitatiory sexual abuse, emotional involvement with customers and feelings of isolation. Moreover, the lack of legal status of undocumented migrant workers precludes the enforcement of their basic rights. Because they fear exposure and deportatiory these workers do not report employers who abuse them, withhold their wages, deny them accident insurance or fire them because they have been injured on the job and need time to recuperate.2T \ifhen the Justice Minislry of Japan does initiate deportation proceedings, there is no mechanism for compensating the workers for labor already performed. The ]ustice Minister also has declined to grant permission for laborers to stay and work pending the outcome of civil or criminal proceedings against exploitative
employers.28
A. DEFINITION OF AN UNDOCUMENTED MIGRANT WORKER

The term "migrant worker" in the 1990 Convention on the Protection of the Rights of All Migrant Workers and Their Families [hereinafter referred to as "1990 Convention"] refers to a person who is to engaged, is engaged or has been engaged in a remunerated activity in a Stare of which he or she is not a national.2e Sr,rch a definition would include frontier workers,30 seasonal workers3!, seafarers32, workers on the offshore installations,
itinerant workersu, project-tied workers3s, specified employment workers,36 and even those self-employed migrant workers.3T The Labor Codes does not provide for any definition for "overseas employment". Overseas Employment means employment of a worker outside the Philippines.3e An "emigrant" is also defined therein as any persory worker of otherwise, who emigrates to foreign country by virtue of an immigrant visa
at 332; citing Interview with Naoo Iyori, nun and member and of the Japan Catholic for Justice and Peace, in Tokyo, Japan [8 December 1988].
251d.,
Dlnternational Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families [hereinafter cited as 1990 CONVENTION| Art. 2, cl, l; see also Annex A or 25 INTERNATIONAL MIGRATION REVIEW 873, at 876 [19911.
z*lby, supra note 1.4, at 332. Tld., at 342; citing Kinki Bar Association International Human Rights Presymposiurn Division Two, Kinki Bar Association, Foreigners' Human Rights, at 181 [8 October 1988]. Bld., at 342.
sld., cl. 2a.

3tld., cl. 2b.
32Id., cl. 2c. 3Id., cl. 2d. sld., cl. 2e. 35Id., cl. 2f. ftId., cl. 2g.
38LABOR CODE OF THE PHILIPPINEg Presidential Decree sP.D. No. 442, Art. i3, cl. (h).
4d., cl.2h.
No.
442 [1974].
78
OCWs
in CRISIS:
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or
resident permit or its equivalent in the country of destination.a0 The Philippine counterpart for the term "migrant worker" is the "overseas contract worker." Such term literally implies the presence of a contract as does not apply since the term overseas contract worker" or "OCW" has achieved a generic sense -- one that refers to any Filipino
who works in a foreign country.
Documentatiory on the other hand, is a rather technical term when taken in conjunction with migrant workers. The 1990 Convention states:
"Article 5. For the purpose of the present Conventiory migrant workers and members of their families:
"a.) Are considered as documented or in a regular situation international agreements to which that State is a party;
if
they
are authorized to enter, to stay and to engage in a remunerated activity in the State of employment pursuant to the law of the State and to
if
"b.) Are considered as non-documented or in an irregular situation they do not comply with conditions provided for in subparagraph
(a) of the present article."

The afore-quoted not merely provides for a definition but for the necessary elements to qualify the documented or regular status as regards migrant workers. The documented is required to be authorized to (1) enter, (2) stay, and (3) to engage in a remunerated activity in the State of Employment. It may, therefore, be inferred from the above-quoted definitions that failure to comply with any of the three requisites for documentation will be result in nondocumentation. This is a significant distinction because this study will be using the three requisites in order to illustrate the different methods of acquiring a nondocumented stalus.
B. METHODS OF NONDOCUMENTATION
There are different ways to provide for a practical application of how the above definitions may illustrate nondocumentation. The following are the reported and acknowledged methods or schemes by which migrant workers would achieve an undocumented status:
1.) It has been common for exploited OCWs who start with regular or documented status to escape the cruelty of their employers and find another job elsewhere without any contract, and without informing their recruitment agents nor the Philippine Embassy or Consular Office.al After a certain period of time from a given employer, the workers bolt from their jobs as the end of their contracts near and seek other employers on their
own.a2
2.) Visa
overstay.a3
6P.D. No. 442, AIt. 13, cl. (l). {rMercene, Recto, Kuwait: No Maid's bnn, PHILIPPINE FREE PRESS, 5 June 1993, at 6. 4,INTERVIEW WITH MS. MA. ELENA VILLALON,8 January 1995 [hereinafter cited as INTERVIEW WITH ELLEN VILLALONI. Ms. Villalon is presently employed with Ermita Gas as its operation manager. She has been employed legally in Dubai as a governess from 1990 - 1992, and in Malaysia as a domestic helper from 1992 - 1994. a3Bodeen, Christopher, Visa Ooerctays Get Fair Treatmmt, THE CHINA POST, 25 Sept. 1994"
1995
OCWs
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3.) Illegal recruitment that may amount to contract substitution. This occurs when an OCW is delivered to a different employer with different terms and conditions of employment than that contained in the original employment contract.44 Illegal recruitment may also be done through fraudulent misrepresentations. An example would be where women oCWs are led to believe that they will be part of a ballet troupe in Cyprus, but are instead sold into prostitution in Belgium.as
4.) Cross-border entry. Illegal workers reportedly enter Malaysia through the activities of a powerful syndicate in a South Sulawesi etlmic community passing through the island of Batam from ]ava, sumatra, west and East Nusa Tenggara,a6 even from Mindanao.aT Illegal immigrants from mainland China have been reported to enter Hong Kong by hiding in boxes and cargoes to evade govemment inspection.4
5.) The practices in Japan include the following:

a.) Buying of fake birth certificates by talent managers to let their young talents enter the entertainment business at exorbitant fees;ae
b.) Getting jobs through friends without recruiters upon arival,

therefore, having two jobs, one legal, the other illegal;so
c.) Absence of written contracts or employment
agreements;sr
d.) Absence of valid working
visas;s2
e.) Using the 4-1-4 Residence permit or Tourist visas3, allowing stays
from 15 to 19 days which, however, does not authorize the holder to

seek employmenqe
f.) Using the 4-1-9 or entertainer visass, which allows work as an entertainer up to a maximum of sixty days;s6
1994.
sTampus-Cuadro, Gemma, The Sorrows of OCW luan, THE SUNDAY CHROMCLE, 6 November
asDe stoop, Chris, THEY ARE so swEET, sIR: THE CRUEL woRLD oF TRAFFICKERS IN THE FILIPINAS AND OTHER WOMEN, 19-33 [1994]. a6llbgal Workers Enters Malaysia Through Batam, THE JAKARTA POST, 26 }uly 1,994. aTPhilippir,es in Talks on Border Control, HONGKONG STANDARD, S luly 1994. Palpal-Iatoc, Lou, Chinese lllegal Migrants on the Rise, HONGKONG STANDARDS, 30 May 1994. aeTampus-cuadro, Gemma, The lapayuki Phenomernn, THE suNDAy cHRoNIcLE, 6 November
1994.
sAmante, The "Filipino Dekasegi Rodosha" in lapan, 15 Phil. Labor Review 10, July - Dec. 1991. 5rId.
s2Id.
sThis concerns tourism, rest, and convalescence; sports; visiting relatives; observing or attending meetings for courses; making business contacts and other similar purposes; short-term stays (excepi those seeking remuneration in Japan). Selby, supra note 1-4, at 336. YSelbp supra note t4, at 337. ssThis includes those engaged in professional entertainment, such as theater, show business, concerts and sports (artists such as singers and television celebrities, pro sportsmen such as boxers and wrestlers managers, crews and assistants), Selby, supra note 14, at 336.
selby, supra note 14, at 341.
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g.) Using the 4-1-16-9 visasT, which is issued at the discretion of the Minister of justice.s Those who use this visa to enter illegally usually become students of specialty schools, usually language r"ho6lr, urd muy
employment.
renew their visa for up to three years. This vlra ?o"s not authorize
permission to-engage in activities outside the scope of the'visa. Furthermore, this visa requires proof of enrolment, attendance and
performance at a school as well as a personal guarantor.s
In order to work, the foreiggrer must receive
special
destinations as Bahrairy Qatar or any place else other than Kuwait. Yl1o". abused maids would not be able to leave Kuwait because the Kuwaiti govemment will not issue them
. 1988 _^5:)^T" Philippine Sovemment banned the deployment of Filipino r-naids to Kuwait in but Kuwaiti recruitment agencies skirted the ban by listing their employment
consent.6o
exit visas without their employer's
Philippines where recruirment is done by one,s own . f.) rn". "kuha"system. I F". relatives who have established themselves abroad-6t
with either the recruiters in the Philippines or-his_co-conspiratois in the host country to get employment without passing through the pgpr4.ez
Note that the methods or means or achieving an undocumented status so enumerated above is not exclusive. These methods are the only ones which are recorded, published,
8.) Through bad faith and fraudulent activities where the migrant worker connives
or perhaps commonly known by migrant workers
themselves.
C. CLASSIFICATION OF UNDOCUMENTED MIGRANT WORKERS

The undocumented migrant worker who attains such status through any of the abovementioned methods, or any other clandestine or illegal meanr, ttui fall'under any of
the following classifications:
1. Those unauthorized to enter the host country. This may include nos. 3, 4, s(a) and 5 of the above-mentioned methods of nondocumentation. This classification concemi those who are undocumented right from the point of recruitrnent such that mere entry itself into the host country would already be illegal. 2. Those unauthorized to stay in the host country. This may include nos. 2, 3, 5(d), of the above-mentioned mettrods of nondocumentation. This classification concems those who were perhaps legally recruited, who legally entered
5(e), 5(f), 5(g) and 5,
sTThis includes those whose residence the Minister of Justice has specially recognized (rray be given to those who do not fit-any other permit category, for example, doctors, language school teachers, :yd."F_of various types of schools, dependent relatives ofJapanese, or otheis)."Setby, supra note 25, at 336. sSelby, supra note 14, at 341.
5eId.
Gemma, Ooerseas Workrns Stay Despite Maltreatrnent, Sept. 1,992; see also Lindquist, supra note 10, at 90. aINTERVIEW WITH ELLEN VILLALON supra note 42.
*Asian Maids, Kuwait Sex Slaaes, PHILIpPINE FREE PRESS, 16 May L992, at 22. 5rTampus,
fffi IvfafVU
CHROMCL4
1995
OCWs
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81
the host country but whose stay became illegal because of some requirements which were not fulfilled.
(3) Those unauthorized to engage in any renumerated activities in the host country. This includes nos. 1, 3, 5(b), 5(c), 5(d), 5(e), 5(f), 5(g), 6, and even 8 in some instances. This classification concems those who have legally entered the host country, who may lgSallf stay for a give period of time, but who are not authorized to be employed in the host country, perhaps because of restrictions on entry and stay, or perhapl because they are not intended to be workers in the host country.
It is imPortant to note that illegal recruitment is very much integrated with the above classifications. Illegal recruitment may result in either authorized entry, stay or engaging in remunerated activities. Furthermore, the intention and initiative of the migrant woike; must also be discussed because it is admitted that many actually pursue an illegal stafus
in order to avoid the payment of fees, or to facilitate employment and deployment to the host country/ or merely to facilitate the escape from a current employer if the employment conditions are no longer satisfactory.G
and the status of nondocumentatiory and the analysis of the processes by which the
With such a discourse as regards the nature of the undocumented migrant worker
status of nondocumentation is achieved, it is now necessary to inspect, ind perhaps criticize the present structures that we have that relate directly to ttre t"cruitment, deployment and employment of migrant workers. Such structures, legal or othenvise, definitely have an important role in determining the immediate nondoiumentatiory and perhaps, the remote abuse and exploitation of the migrant worker.
3. THE PRESENT PHILIPPINE LEGAL STRUCTURE
ON OVERSEAS EMPLOYMENT
An exposition on the legal structure on overseas employment provides the molds upon which we fit the expectations that must be arrived at in order to define the means and ways to Protect the undocumented migrant worker. The legal structure must start with the_basic policies on the protection of human dignitp human rights, and the rights and welfare of the labor sector. ftris protection is an acknowledged and recognized duty and responsibility of the Philippine govemment. It starts witl'r the premiie that the govemment's commitment to Protect the rights of the labor sector is not and was never
intended
to be confined within the lines defining our territorial jurisdiction.
Such
Protection extends beyond such boundaries and trJnscends intemational delimitations of borders in order to reach our deployed Filipino citizens" We arrive at such conclusion
through this following discussion.

POLICY
A. THE BASIC
The considerations on overseas employment are within the ambit of the basic legal principles on labor. The preferential option of the Philippine govemment for the la6or sector is exemplified in the provision of the present Constitutiorr. It provides:
cINTERVIEW WITH ELLEN VILLALON, supra note 42.
84
OCWs
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B. THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION

For the attainment of national goals towards national economic development
Ta
and
because the attainment of national goals is contingent among others on the development
of employment opportunities, the protection of workers and the promotion of industrial peace,7s and because of new demands and challenges on the existing delivery system
for labor and labor-related services, tfen President Marcos created the Philippine Overseas Employment Administration [hereinafter referred to as POEA] .76 Latet, the POEA was teotganizedn because of two reasons:
in the functional enhance its effectiveness in responding to changing market and economic conditions and to all of the national development plan for the strengthening of the worker protection and regulation components of the overseas employment
has become necessary to institute changes
"x x x it
struchrre
of the IPOEA] in order to
program;
and78
"x x x the [POEA] has to systematize its operations by rationalizing its functions, structure and organization to make it more efficient in undertaking its principal functions of x x x proteciing their rights to fair and equitable employment practices, and to respond more effectively to the new demands for x x x better protection of their rights
xxx"n
The reorganization
of the POEA brought about the exercise of the following powers
and functions:
"a.) Regulate private sector participation in the recruitment and

overseas placement of workers by setting up a licensing and registration system;
"b.) Formulate and implement, x x x/ a system of promoting and monitoring the overseas employment of Filipino workers taking into
consideration their welfare and the domestic manpower requirements;
"c.) Protect the rights of Filipino workers for overseas employment to fair and equitable recruitment and employment practices and ensure
their welfare; "d.) Exercise original and exclusive jurisdiction to hear and decide all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas employment including the disciplinary cases; and all pre-employment cases which are administrative in character involving or arising therefrom, or violation of the conditions for issuance of license or authority to recruit workers.
7aE.O. 7sE.O, 76E.O.
No. 797,1May 1982, first whereas

No" 797, second whereas clause.
clause.
zE.O. No. 247, 24 July 1987. uE.O. No. 247, second whereas clause. DE.O. No. 247, third whereas clause.
No. 797,
1,
May 1982
1995
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practices which are penal
85
"All prohibited recruitment activities and
in character as enumerated and defined under and by virtue of existing laws, shall be prosecuted in the regular courts in close coordination with the appropriate Departments and agencies concernedl
"e.) Recruit and place',vorkers to service the requirement for trained and competent Filipino workers by foreign governments and their instrumentalities and such other employers as public interest may require;
"f.) Secure the best terms and conditions of employment of Filipino contract workers and ensure compliance therewith;
"i.) Promote and protect the well-being of Filipino workers overseas;
of retuming
"k.) Develop and implement programs for the effective monitoring
reemployment or their smooth reintegration into the mainstream of national economy in coordination with other govemment agencies;
"1.) Institute a system for ensuring fair and speedy disposition of
cases involving violations of recruitment rules and regulations as well as violation of terms and conditions of overseas employment;
contract workers, promoting their retraining and
"m.) Establish a system of speedy and efficient enforcement of decision laid down through the exercise of its adludicatory functions;
"n.) Establish close relationship and enter into joint projects with the Department of Foreign Affairs. x x x in pursuit of its objectives. The Administration shall also establish and maintain joint projects with private organizatiory domestic of foreign, in the furtherance of its
objective."80 lunderscoring suppliedl
the obligation of securing the best terms and conditions in overseas employment contracts.
given the function of protecting the Filipino is the POEA. Note that with such responsibility comes the power to exercise original and exclusive jurisdiction over all claims arising out of employerlmPloyee relationships by virtue of contracts involving overseas employment. It ii given
overseas worker
It is significant to note that the agency
With this comes the promotion and protection of the well-being of the Filipino worker overseas. It is significant to note that the Executive Order uses the phrase "Filipino worker overseas"sr such a phrase implies that thd duty of the PoEA to protect includes not only documented Filipino overseas workers, but also undocumented Filipino overseas
workers.
One of the basic powers of the POEA is to regulate recruitment and placement of
mE.O.
6rE.O.
No. 247, Sec.3. No. 247, See Sec. 3(j).
85
OCWs
in CRISIS:
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overseas workers. Recruitment and placement has been declared to refer
to any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, including referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not.E2 Any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement.s Only private fee-charging employment agencies& and private recruitment entities8s in the private sector are allowed by the POEA to engage in recruitment and placement. Said rules shall grant the proper license85 or authoritfT only to those who can satisfy the following requirements:
of the authorized and voting

controlled by Filipino citizens.
"a.) Filipino citizens, parkrerships at least seventy five percent (75%) capital stock of which is owned and
"b.) A minimum capitalization of One Million Pesos (?1,000,000.00) of a single proprietorship or partnership and a minimum paidup capital of One Million Pesos ( F1,000,000.00) in case of a corporation; and
in
case
"c.) Those not otherwise disqualified by law or these guidelines to engage in the recruitment and placement of workers for overseas
employment."s The disqualifications provided by the Rules are the following:
"a.) Travel agencies and sales agencies of airline companies;
in a partnership
members
"b.) Officers or members of Boards of any corporation of members engaged in the business of a travel agency;
"c.) Corporations and partnership, when any of its officers, of the board or partners, is also an officer, member of the board or partner of a corporatiory or partnership engaged in the business of a travel agency;
"d.) Persons, partnerships or corporations which have derogatory records such as, but not limited to overcharging of placement or
documentation fees, false documentatiory illegal recruitment and swinE2P.D.
&This refers to any person or enlity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both. [P.D. No. 442, Art. 13 (c).1 They can operate only by virtue of a license issued by the Dept. of Labor and Employment. [P.D. No. 442, 1,rt.13 (d).1. 85This refers to any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers, [P.D. No. 442, Atl. 13 (e).] They can operate only by virtue of an authority issued by the Dept. of Labor and Employment. [P.D. No. 442, l,lt. L3(t).]. 86P.D. No. 442, Art. 13(d). 81P.D. No. 442, Art. 13(d). SRULES AND RE/IULATIONS GOVERNING OVERSEAS zuPLOYMENT [hereinafter cited as POEA RULES AND F .GULATIONSI, as Amended, Book II, Rule 1, see 1 [1 May 1991].
sP.D. No. 442, Art. 13(b), cl.
No. 442, Att. 13(b), cl.
1. 2.
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dling or estafa, or those convicted of crimes involving moral turpitude; "e.) Persons employed in the [Department of Labor and Employment] or in other govemment offices directly involved in the overseas employment program, and their relatives within the fourth degree of consanguinity or affinity; and
rules and regulations, and
"f.) Persons, partners/ officers and directors of corporation whose license has been previously cancelled or revoked for violation of the Labor Code, or its implementing rules; or other relevant laws, decrees,
issuances.,,se
relationships of the overseas worker with the recruitment agency and the employer, the following have been added as requisites for the issuance-of u li.".rr", "Every applicant for license to operate a private employment agency or-manning agency shall submit a written application together with the
To further secure the satisfaction of possible claims that may arise out of
the
following requirements:
xxx
"c.) Escrow agreement in the amount of ? 200,000.00 with an accredited reputable banking corporation to primarily answer for valid and legal claims of recruited worker as a res,rlt of reciuitment violations or money
claims,eo
xxx
xxx
xxx
shall be co-terminous with the validityperiod of "the
diction shall be binding and conclusive on the srirety. The surety bonds
licensel'e1
'lugon gpqro_"1l the applicatiory the applicant shall x x x post 9f, a cash bond of F100,000.00 and a surety tona of F50,000.00 fiom a bonding company acceptable to the Administration and duly accredited by the Insurance Commission. The bonds shall answer foi all valid and legal claims arising from violations of the conditions for the grant and use of the license , and/ or accreditation and contract of employrient. The bonds shall likewise guarantee compliance with the provisions of the code and. its implementing rules- and regulations relating to recruitment and placement, the rules of the Administration and rel&ant issuances of the Department and all liabilities which the Administration may impose. The surety bonds shall include the condition that nctice to the princifal is notice to the surety and that any judgment against the principal in connection with maiters falling .,rrd". FoEA,sluris-
Therefore, the cash and surety bonds and the money placed in escrow are supposed to Suarantee the payment of all valid and legal claims lgainst the employer, bui'these claims are not limited to monetary awards to employees oihos" contracts oi employment
RULES AND REGULATIONS, Book II, Rule 1, Sec.2. $POEA RULES AND REGULATIONS, Book II, Rule 2, Sec. 1(c). g'POE{ RULES AND REGULATIONS, Book II, Rule 2, Sec. 4.
APOEA
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have been violated.q The escrow fund is presumably intended to provide for a standing fund to be used only as a last resort and not to be reduced with the enforcement against
it of every
claim of recruited workers that may be adjudged against the employer.e3

agreement.
Therefore, claims shall first be satisfied out of the cash and surety bond, then the amount
in the escrow
A migrant worker may only 4ttain legal or documented status if it commences the recruitment process through any validly licensed or authorized recruitment agency. Any recruitment agency which does not satisfy any of the requirements above-mentioned cannot legally engage in recruitment and placement. If it does, then the migrant workers who course their employment through such recruitment agencies shall have an undocumented status because of illegal recruitment.
The Labor Code further prohibits direct hiring. It provides that "no employer may hire a Filipino worker for overseas en'rployment except tfuough the Boards and entities authorized by the Department of Labor and Empioymenfa and the POEA or agencies
licensed by the Secretary.es Direct hiring by members of the diplomatic corps, intemational organizations and such other employers as may be allowed by the DOLE, however, are
exempted from this prohibition.e5 Name hires, on the other hand are allowed and shall be processed through the POEA.ez Any migrant worker who is directly hired shall have an undocumented status because they did not pass through the POEA in the form of name hires, thus lacking the proper records conceming their overseas employment. The POEA has the responsibility of ensuring the recruitment agencies shall warrant
that the workers they deploy are amply protected and their interest, well-being and welfare are promoted. The agencies shall also be responsible for the faithful compliance by their foreign principals of all obligations under the employment contract and shall, therefore, be liable for any and all violations of the contract.e8 The POEA shall, in coordination with other government institutions and/or relevant NGOs, assist workers or members of their families on matters other than contractual obligations that may arise as a result of overseas employment.e Before departure for the host country, the migrant worker has to undergo a Pre-Employment Orientation Seminar [hereinafter referred to as PEOS] to be provided by the POEA in coordination with other institutions. It will focus ory but will not be limited to, an overview of the overseas employment program, benefits and pitfalls of an overseas job, procedures and documentary requirements for applicatiory licensed agencies, modus operandi of illegal recruiters, detection of illegal recruitment activities, and govemment services available to overseas job applicants and
hired workers.to0 The licensed recruitment agency shall also provide each migrant worker a Pre-Departure Orientation Seminar fhereinafter referred to as [PDOS].rot The PDOS is usually already more specific, learning towards a discussion of he peculiarities and
ezlMM Promations t Maruganent, lnc. a. NffiC, 228 SCRA 129, at 133 [1993].
e3Id.
qP.D. No. 442, Art. 18.

e5POEA RULES e6P.D. No. 442,
ezpgFA RULES AND RECULATIONS, Book III, Rule 2, Sec. 1. Name hires are individual workers
AND RECULATIONS, Book lil, Rule 2,5ec.2. Art. 18'
who are able to secure contract for overseas emplol.rnent on their own withotrt the assistance or
participation of any agencY.
e8POEA RULES
AND REGULATIONS, Book VIil, Rule 1, Sec. 1. $POEA RULES AND REGULATION$ Book VIII, Rule 1, Sec. 3 &
'0oPOEA RULES lorPOEA RULES
4.
AND REGULATIONS, Book VIII, Rule 3, Sec. 1. AND REGULATIONS, Book VIII, Rule 3, Sec. 2 &
3.
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89
nuances
of the culture of the host country.
c.
OBSERVATIONS
Considering the above provisions and discussions, the overseas employment program -of the Philippines stems from the premise that the Philippine govemment has the hherent duty of protecting its citizens wherever they may be. whether employed locally or overseas, all Filipino workers enjoy tl're proteitive mantle of Philippine labor and sbcial legislatiory contract stipulations to the contrary notwithstanding.t02 This then is the fundamental source of protection of the migrant worker, documerued or otherwise. This policy is constant throughout all relevant legislation with regard to the pre-departure phase of overseas employment. Note that the govemment, through one ugu.,iy, the poEA, is given the Power to regulate recruitment and placement and piivate sector participation in the latter. |urisdiction over overseas employment related claims is vested ln the FOEa. !ryllity in integration into the community of the host country is ensured through the PEOS and PDOS.
Furthermore, the protection of the migrant worker does not merely involve deployment but also recruitment and placement. The requirements are provided in the Labor Code and the POEA Rules and Regulations as regards the conduct of legal recruitment and placement.
Nonetheless, there is the perceived difficulty in confining such enormous responone, Sovernment agency. The POEA is tasked not only to handie pre-depaiture Processes and recruitment agency accreditatiory but is also required to lcok after the welfare of the migrant worker. And the most important responiibility would probably be the prosecution of illegal recruiters. Admittedly, illegal reciuitment is one maior factor that leads to an undocumented status. It is, therefore, imperative to study the present legal structures that seek to confine, penaltze, if not eradicate, illegal recruitm-ent.
sibility in
ILLEGAL RECRUITMENT
The_ nature of illegal recruitment is essentially based upon the premise that it is a crime. Recruitment for overseas employment is not in itself neceisarily immoral or unlawful. It is the lack of the necessary license or permit that renders such recruitment activities unlawful or criminal, which is qualified into large scale recruitment when three or more Persons are victimized.rts Illegal recruitment is a crime tltat is malunr prohibiturn because it is prohibited and penalized by statute. Good faith and absence of criminal intent cannot be valid defenses and the only consideration would be whether the law was violated.roa
A. DEFINITION AND
COVERAGE
Essentially, the Labor Code defines
illegil recruitment activities as follows:
"Any recruitment activities, including the prohibited practices

489, at 497 ll99}l. I&ANTI-ILLEGAL RECRUITMENT HANDBOOK, POEA publication, compiled and arranged by Alberto Abalayan, [1993].
t0zRoyal Crown Interrutionalz o. lBPeople o. Sendon,228 SCRA
NIRC,
178 SCRA 569,
at 5g0
[19g9].
90
OCWs
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1995
enumerated under Article 34 of this Code, to be undertaken by nonlicensees or non-holders of authority shall be deemed illegal and punished under Article 39 of this Code. The Department of Labor and Employment or any law enforcement agency may initiate complaints
under this Article."ros

"Recruitrnent and placement activities of agents or representatives by a licensee, whose appointments were not previously authorized by the Administration shall likewise constitute illegal recruit-
appointed
ment."l06
It is clear that illegal recruitment is an offense which is essentially
cornmitted by
non-licensees or non-holders of authority. A non-licensee or non-holder of authority refers to any persory corporation or entity which has not been issued a valid license or authority
to engage in recruitment and placement by the Labor Secretary/ or whose license or authority has been suspended, revoked or cancelled by the Administration or the
Secretary.roT Recruitment and placement by an unauthorized agent of a licensee constitutes
illegal recruitment because of the following provision in the Labor Code:
"No license or authority shall be used directly or indirectly by any person other than the one in whose favor it was issued or at any place other than stated in the license or authority, nor may such license or authority be transferred, conveyed or assigned to any other person or entity. Any transfer of business address, appointment or designation of any agent or representative including the establishment of additional offices an''u/here shall be subject to the prior approval of the Department of Labor."r6 Illegal recruitment may be committed by a syndicate or in large scale. \Atrhen committed through such means, it is considered an offense involving economic sabotage.r@ Illegal recruitment is deemed committed by a syndicate if at least three persons conspire to commit acts constituting illegal recruitment. It is deemed committed in large scale if at least three individuals are illegally recruited.rlo
The prohibited practices that constitute illegal recruitment mentioned
in the above
definition are the following:

"a.) To charge or accept, directly or indirectly, any amount Breater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a ioan or advance; document
105P.D.
"b.) To fumish or publish any false notice or information or in relation to recruitment or emplovment;
Sec.
No. 442, Art.38(a); see also POEA RULES AND RECULATIONT Book II, Rule 10,
1.
I06POEA RULES
AND RECULATION$ Book II, Rule 10, Sec. 1.

NO. 1920, sec. 1(d) [12 July
1984],
'07RULES IMPLEMENTING PD
r6P.D. No. 442, Att.29. r@P.D. No. 442, Art.38 (b), cl. t. lrold., cl. 2.
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"c.) To give any false notice, testimonp information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code; "d.) To induce or to attempt to induce a worker already employed
to quit his employment in order to offer him to another unless the

transfer is designed to liberate the worker from oppressive terms and
conditions of employmenq
"e.) To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through
his agency;
"f.) To engage in the recruitment or placement of workers in jobs harmful to public health or moralitv or to tfie dienitv of the Reoublic of the Philiooines:
of Labor or by his duly authorized
vacancies, remittances
"9.) To obstruct or attempt to obstruct inspection by the Secretary

representatives;
"h.) To fail to file reports on the status of employment, placement, of foreign exchange eamings, separation from iobs. departures and such other matters or inforrhation as may be requirdd by the Secretary of Labor;
"i.) To substitute or alter enrployment contracts approved and verified by the Department of Labor from the time of actual signing thereof bv the parties up to and includine the periods of exoiration of the same without the approval of the Secretary of Labor;
"j.) To become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the
management
of a travel agency; and
"k.) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this code and its implementing rules and
regulations.
"
1 1
funder s cori
ng
supoli e dl
Other instances that may constitute illegal recruihnent and may lead to nondocumentation include falsifying or altering travel documents,lr2 deploying workers whose employment and travel documents were not processed by the POEA,rr3 and coercing workers to accept preiudicial arrangements in exchange for certain benefits that rightfully belong to the workers.lla
Note that the underscored above-quoted provisions can lead to non-documentation.
rllP.D. No. 442, Art. 34.
AND RECULATIONS, Book VI, Rule 1, Sec. 2(l). AND REGULATIONg Book VI, RuIe 1, Sec. 2(m). lrlPOEA RULES AND REGULATIONS, Book VI, Rule L, Sec. 2(r).
lr2POFA RULES tl3POEA RULES
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B. PROCEDURAL AND ENFORCEMENT
ASPECTS OF ILLEGAL RECRUITMENT
Original and exclusive jurisdiction to hear and decide all pre-employment cases which are administrative in character, involving or arising out of recruitment laws, rules and regulations including money claims arising therefrom or violations of the conditions for issuance of licenses to recruit workers, is vested in the POEA.rrs Jurisprudence has reinforced the legal provisionsrr6 requiring joint and solidary liability of the foreign-based employer and the recruitment agency in the Philippines.llT It has also been established in Supreme Court decisions that illegal recruitment has two essential elements, to wit: (1) the accused must be engaged in the recruitment and
placement of workers, whether locally or overseas and; (2) the accused has not complied with such guidelines, rules and regulations issued by the Secretary of Labor and Employment, particularly with respect to the securing of license or authority to recruit
and deploy workers either locally or
overseas.rls
With the above requisites fully satisfied and validly alleged in a complaint, information or an affidavit of complaint, illegal recruitment may be proceeded against either through a direct criminal action, or through prosecution to be commenced by the POEA. The POEA may opt to conduct preliminary examination to determine whether the activities of a non-licensee constitutes danger io national security and public order or will lead to the exploitation of job seekers.lre It may then issue an order of closure of the establishment being used for illegal recruitment.rz0
kr a criminal actiory the accused may be sentenced to a penalty of imprisonment of not less than two years nor more than five years or a fine of not less thanF1Q000.00 nor more than?50,000.00, or both such imprisonment and fine at the discretion of the court if he is a licensee or holder of authority who violates or causes another to violate the Labor Code provisions and its Implementing Rules on recruitment and placement.r2l V/hen the accused is neither a licensee nor a holder of authority for engaging in recruitment and placement, he shall be punished with imprisonment of not-leis Ihan four years nor more than eight years or a fine of not less than F 2O000.00 nor more than?1Q000.00 or both at the discretion of the court.r22 If the offender is a corporatiory parhrership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for illegal recruitment activities.l23 If the officer involved is an alien, he shall also be deported without further proceedings in addition to the penalties to be imposed.r2a \4/hen the offender is guilty of illegal recruitment that constitutes economic sabotage, the penalty to be imposed shall be life imprisonment and a fine of F100,000.00.12s In cases of conviction, the necessary
ttspgFA RULES AND RECULATIONS, Book VI, Rule 1, Sec.
T16LABOR 1.
CODE IMPLEMENTING RULES, Book 1, Rule 5. Sec. 10; see also POEA RULES AND REGULATIONS, Book II, Rule 2, Sec. 1(f) (3). ttTUnited Plncenunt Interrntiotul o. NIRC, 221 SCRA 445, ar 449 [1993]; see also Prieto o. NIRC 226 SCRA 232, at 239 lI993l. tt8People o. Ondo, 227 Str.RA 562, at 568 [1993; see also People a. Taguba, 229 SIRA 18& at 195
[lee4l. ilePOA\ RULES AND REGULATIONS, Book II, Rule 10, Sec.
120Id.
7.
r21P.D. r22P.D.
r24Jd.
No. 442, 1.rr.39b).

No. 442, Arl.39(c).
!EP.D. No. 442, Art. 39(d). rbP.D. No. 442, Art.39(a).
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consequence shall be the automatic revocation of the license or authorit), and all the permits and privileges granted to such person or entity and the forfeiture of the cash and surety bonds.r26 However, offenses penalized under the Labor Code and the rules and regulations shall prescribe in three years.127 Illegal recruitment necessarily falls under this provision and the filing of a complaint or information shall prescribe after three years from the time the cause of action arose.
To facilitate implementation of the program of the government to stop illegal recruitment, the POEA has entered into Memoranda of Agreementl2E with several other entities in order to expedite investigation. Such memoranda basically involve declarations of cooperation between the POEA and different entities to curb the spread of illegal
recruitment.
C.
OBSERVATIONS
The above relevant provisions on illegal recruitment fully cover the activities that may lead to methods and schemes that exploit the migrant worker on the level of recruitment and placement the charging of exorbitant placement fees to contract - fromample substitution.r2e Said laws provide security measures to penalize the conduct of illegal recruitment and placement. It sufficiently imposes a stiff penalty for acts that constitute illegal recruitrnent. It provides for administrative and criminal measures to penalize the illegal recuiter. The solidary liability imposed upon the principal and the recruitmnt agent, coupled with the cash and surety bond and escrow agreement can effectively serve to deter, even perhaps, mere thoughts of engaging in illegi recruitment activities. However, this principal must be construed as to include both the employer and the subsequent recruitment agent in the host country, that is, the contact -of in" recruitment agency in the Philippines. Recruitment agencies in the Philippines normally conduct their placement activities through tie-ups with recruitment agents or agencies in the host country.r30 Therefore, the activities of the local recruitment agency necJssarily involves agreements with the recruitment agents or agencies in the host country. Thesl agreements may involve the conduct of any of the prohibited activities that can amount to illegal recruitment. The foreign recruitment agents or agencies should, therefore, be included within the scope of the solidary liability envisioned by the law.
Nonetheless, the problem actually lies in the implementation aspect. Recent statistics indicate that the trend in the number of illegal recruitment cases handled and acted upon
is a continuing
decrease cases
in the number of
'1,993
Statistical Compendium for
in the number of
126P.D. r27P.D.
of illegal recruitment handled and
cases handled. The Overseas Employment indicates that the following figures illustrate a trend disposed:
between the POEA and tlre Municipal Mayors'League of the Philippines 127 Dec.1989l; Memirandum of Agreement between the IOEA and the League of Cities of the i,f,itpfi""" [10 January 1990]; Joint Communique between the ?OEA and the Philippine National Police Investigatio., S"rvi". CommanC [19 Feb. 1991]; Memorandum of Agreement between the --Criminal POEA, the National prosecution Service of the Dept. of fustice and the PNP-Criminal Investigation Service Command [9 Oct. 1992]; Memorandum of Agreement between the POEA and the City Government of Manila tZ.l Way tSgSl'. raP.D. No. 442, 1.rt.34. I30INTERVIEW VVITTI ELLEN VILLALON supra note 42.
the DOLE/POEA and the Dept. of National Defensd [20 Dec. 1989]; Memorandim of Agreement
lDThese Memoranda of Agreement include the following: Memorandum of Agreement between
No. 442, Art. 39(e). No. 442, Art. 290.
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1984
1985 't231
1985 1452
1987
1988 1184
1989 1295
1990 847
No. of
handled
cases
1671
1785
No. of
cases
1533
725
615
977
906
1i35
824
disposed
disposition rate
(%)
91.7
58.9
42.4
54.7
76.5
87.6
97.3
1991
1992
7993
No. of
handled
cases
712
797
770
No. of
cases
501
720
583
disposed
disposition
84.4
90.3
88.7
rate
(o/")
Note, however, that statistics do not tell the whole story. The number of cases handled per year has a marked decrease over a 10-year period. These statistics, however, fail to show whether the cases handled per year were cases that were filed and decided in the same yeart ot whether they were filed in previous years and were decided within the current yeat/ or whether they have been filed way before the current year and have not yet been decided until the current year. Furthermore, the enJorcement aspect of the legal provisions on illegal recruitment cannot be measured by statistics alone. The Philippine Govemment has declared july, 1994 - July,1995 as the National Illegal Recruitment Consciousness Year.r3l It is definitely high time for the Philippine govemment to stringently apply and enforce the laws on
illegal recruitment.
The presence of such provisions on illegal recruitment indicate the recognition of *re Philippine Govemment of the right of the migrant workers, documented or othenvise, to the proper protection of their welfare. However, this protection provided by local statutory provisions does not extend overseas. The Philippine Govemment recognizes the inherent sovereignty of each State in the determination of their own legal affairs. Therefore, the provisions on illegal recruitment would only serve to protect the migrant
workers as regards their rights and welfare within the Philippine territory.
Intemational agreements/ nonetheless, have played a great role in the extension of this protection of migrant workers on an international arena. Through the years, several
t3rAnti-lllegal Rectuitrwtt Awareness Yeat Declnred. THE
MAMLA CHROMCLE, 22
Augusr'1,994.
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treaties, conventions and recommendations have been entered into by various countries through the United Nations, or the International Labour Organization [hereinafter referred to as ILO]. Such efforts have basically been geared towards the identification and recognition of the rights of the migrant worker and the protection and enforcement of such rights. Therefore, where the territorial sovereignty of the Philippine Govemment cannot pertairy international agreements would perhaps apply; thus, the necessity of a discussion of relevant intemational agreements on the rights of migrant workers, especially those of the undocumented.
INTERNATIONAL CONVENTIONS AND INSTRUMENTS ON THE PROTECTION OF MIGRANT WORKERS
A A.
discussion
of the rights of
migrant workers, specifically the undocumented,
necessarily involves a close perusal of intemational instruments that recognize such rights.
BASIC POLICY
RECOGNITION AND PROTECTION OF HUMAN RIGHTS
On 10 December 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights. The Declaration is a non-binding resolutionl32 whose provisions concem or represent the elementary considerations of humanity.lts The Universal Declaration of Human Rights [hereinafter referred to as UDHR] proclaims:
"x x x as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, x x x shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the people of Member States themselves and among the peoples of territories under their jurisdictisn.', t:a
It may be gleaned from the above quote that the intent behind the preamble of the UDHR is to apply the rights enshrined in its articles to ALL people of all member states" This includes the undocumented migrant worker.
specifically, the UDHR guarantees equality
in dignity and rights of all
human
beings,l3s freedom from-discriminatioryr36 the right to life, liberty and seiurity of persons,l37
freedom from slavery,l$ from torfure, cruel and inhumane treatment and punishment,l3e
r:29p91415i18, IAN, BASIC DocuMENTS oN HUMAN RIGHTS [hereinafter cited as BASIC DOCUMENTS], at 21' [2ncl ed., 1981]; see also BRot^rNLIE, IAN, pRINcIpLES oF PUBLIC INTERNATIONAL LAW, at 572 l4th ed., 19901. '33BRO\AAILIE, IAN, PRINCIPLES OF PUBLIC"INTERNATIONAL LAW [hereinafter cited as INTERNATIONAL LAW PRINCIPLESI, at 572 l4th Ed., 19901. I34LAIIVERSAL DECLARATION OF HUMAN RIGHTS [hereinafter cited as UDHP.I, Preamble, last clause [1948].
l3sUDHR,
136UDHR, 137UDHR, 13eUDHR,
Art. 1" Art 2.
rsUDHR, Art
Art Art
3. 4. 5.
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7995
from arbitrary arrest and detention or exile,t4o arbitrary interference with his privacpral residence within the borders of eactrstate,ra2 to leave any country.and of ôrr"*".rt'and of thought, conscience and religioryre.of expressl?1,tnt-of countrf,r8 his to retum to of a p"^."f"i assembly and issociatioryta; and to freely participate.in the cultural life choice to free work, to right it recognizes-the workers, iomm.rr,lty.taz As regards migrant against .f "-pf"y-ent, to iust ani favorable conditions of work, to Protection. to discriminatiorylae work without iust -and to equal pay fo; equal of his """*pi"y'"-,"nt,uE favorable remuneration,rso ur',4'to form and join trade unions for the protection public and a fair to right of the protection for provides further It interest.lsr .hearing by an independent and impartial tribunal.r52 More importantly, it recognizes. th1.righ1 and *i ."*gr"rltn ever)'wher" u" u p"rron before the law,ld the right to a nationality,rsa set freedoms and rights the which in order intemational and a social to to be elntitled forth in the UDHR can be fully realized'r5s
The Intemational Covenant on Economic, Social and Cultural Rights [hereinaftet referred to as ICESCR],156 the Intemational Covenant on Civil and Political Rightst"
optional Protocol to the Intemational Covenant [hereinafter referred to is ICCPR] and the came political Rightsrs [hereinafter-referred to as Optional Protocol] then on Civil and and constitute the parties among treaties as force legal have instrumJnts These force. into a detailed codification of human .ilhtt.tt The ICESCR contains various articles that ,"*grri"" rights that are applicable io a migrant worker.such as the right 19 wo5kf60 the to a]ust co#pensatiorl,rer 1j equal opporruniiy f:r p-t911*9" in employmentlo.and delineation in specific more is TCCPR .lgni to self-oiganization and tride unionism.ta The
uoUDHR,
I4IUDH&
fut 12. 14rUDHR, Art 13, cl. 1. 143UDHR, Art 13, cl. 2.
r44UDHR,
145UDHR,
Art
9.
Art. 18. Art. 19. r46UDHR, Art. 20.

r47UDHR,
raold.,
t4suDH& Art. 23, cl. t.

1sld., cl. 3.
r5rId.,
Art
27.
cl.
2. 4.
cl.
152UDHR,
tsUDHR, Art'
154UDH&
Art.
rssuDHR/ Art 28. rsdThis was adopted by the United Nations General Assembly on 1.6 Dec. 1956 and entered into supra 132, at 118' It has force on 3 January igZO *ttn 66 States as parties. BASIC DOCUMENTS, 92 - - parties as of 1990. ' iir1Xi, was adopted at the same time as the International Covenant on Economic, Social and States as parties' BASIC Cultural Rights, ani was entered into force on 23 March 1976 with 62 of 1990' as parties 88 has DOCUMENIS, suPra note 132, at 128' It lsThis was entered into force on 23 March 1976 with 23 States as parties' BASIC DOCUMENTS, sunra note 132, at 146. It has 43 parties as of 1990' ' LAW PRINCIPLES, supra note 133, at 572' 's"INTERNATIONAL 16OINTERNATIONAL COVENANT ON EEONOMIC, SOCIAL AND CULTURAL RIGHTS ful 7' [hereinafter cited as ICESCRI, Art' 6 cl' t,
l5rICEsCR,
l62Id.
Art
10. 6. 15.
Art.
7(a).
8.
16ICESC&
Art.
96
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from arbitrary arrest and detention or exile,la0 arbitrary interference with his privacplal of *orr"rr."rriand residence within the borders of eachstate,rd2 to leave any country.and to retum to his country,t* of thought, conscience and religioryl{a. of expresslgl,tnu "of the cultural life of a p"";;ili assembly and issociatioryra; and to freely participate.into work, to free choice right [o*m,rnity.tr7 As regards migrant workers, it recogrrizes-the to work, of conditions favorable Protection. against .r "-pr"y-ent, to iust an"d to lqrial pay fol equal work without discriminatiorylae to just -and of his """^pioy'.""nt,u8 farroraUte remuneration,t* and'to iorm and ioin trade unions for the protection public and fair to a the right of for protection interest.rsr It further provides -hearing by an independent and impartial tribunal.ts2 More im-portantly, it. recognizes. th?.,ri8hl i" u p"."on before the law,ld the right to a nationality,rsa and ;,i ;g*6.r ".r"ry*h"." set to be eirtitled to a social and intemational order in which the rights and freedoms realized'lss be fully can forth in the UDHR
The Intemational Covenant on Economic, Social and Cultural Rights [herein-after referred to as ICESCRl,rs6 the Intemational Covenant on Civil and Political Rights1s7
Optional Protocol to the Intemational Covenant [heruinufter referred to is ICCPR] and the then came fn Civil and Political Rightsl$ [hereinafter-referred to as Optional Protocoll constitute and the parties amon8 treaties as force legal have into force. These instrumJnts that articles various contains ICESCR The rilhtr.t" of human codification detailed a wo5k160 right as the worker.such .u.ogr,i"" rights that are applicable Io a migrant 19 the to alust coripensatiotror 1o equal opportu"iil ftt PlgT:ii?" in employ-mentln.and delineation in specific is more ICCPR The unionism.te tride and .ighi t" self-oiganization
l4oUDHR, Arrt 9'
I41UDH& Art IZ.

l4rUDHR,
t43uDHR,
145UDHR,
I{UDHR, Art.
Art Art
13, cl. 1. 13, cl. 2"

18. 19. 20.
Art.
r4uUDHR,
r{7uDHR, Art 27.

r4sUDH& Art. 23, cl. 1.
taeld,, cl. 2.
Art'
rsld., cl' 3. r5rld., cl. 4.

152UDH& 154UDH&
tsUDHR, Art.
Art.
10. 5. 15.
rssuDHR, Art 28. ,uulhis was adopted by the United Nations General Assembly on 16 Dec' 1966 and entered into supra 132, at 1L8' It has force on 3 January 1976 with 66 states as parties. BASIC DOCUMENTS, 1990. of as parties 92 -' rrrThis was adopted at the same time as the International Covenant on Economic, Social and as parties' BASIC Cultural Rights, and was entered into force on 23 March 1976 wilh 52 States 1990' as of 88 parties It has 128' at 132, note supra DOCUMENiTS, lsThis was entered into force on 23 March 1976 with 23 States as parties. BASIC DOCUMENTS, supra note 132, at 146- It has 43 parties as of 1990' T5eINTERNATIONAL LAW PRINCIPLES, supra note 133' at 572'
Art
1OINTERNATIONALCOVENANTONECONOMIC,SOCIALANDCULTURALRICHTS I, Art' 7' [hereinafter cited as ICESCRI, Art. 6 cl'

l6lICEsCR,
r62Id.
Art.
7(a).
ra:16956ft, Art. 8.
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97
of rigtrts, stronger in statement of the obligation to respect the rights specified, and better provided with means of review and supervision.re It requires that: Article
2
"1. Each State Party x x x undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religiory political or other opinioru national or social origin, property, birth or other status.,,l6s
"2. Where not already provided for by existing legislative or other
measures each state Party to the present Covenant undertakes to take the-necessary steps, in accordance with its constitutional processes and
with the provisions of the present covenant, to adopt such legislative or other measures as may be necessary to give effect to the righs recognized in the present Covenant.r66 "3. Each State Party to the present Covenant undertakes:
"a.) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons aiting in an official
capacity;
'
"b.) to ensure that any person claiming such a remedy shall have his right thereto determined by competeni ludicial, administrative or legislative authorities, or by any other competent authority provided fo-r.b1 the legal system of the state, and to develop the possibilities of judicial remedy;
"c.) To ensure that the competent authorities shall enforce such remedies when granted."167
The ICCPR basically contains similar rights as those contained in the UDHR and the ICESCR but are defined with such precision as can reasonably be expected and relate to the classical issues of liberty and security of the person, beiore the law, fair "q,tility trial and the like.rs In addition, the Optional Protocol provides for applications to the H-uma1 Rights Committee created by the ICCPRI6e by individuals subjeci to its jurisdiction who claim to be victims of violations of provisions of the Covenant, and who have 'UDHR, exhausted all available domestic remedies.to These provisions in the ICESCRi ICCPR and the optional Protocol refer and apply to ALL persons, including migrant workers, documented or otherwise.
IaINTERNATIONAL LAW PRINCIPLE$ supra note 133, at 572. I6sINTERNATIONAL COVENANT ON CTVI AND POLITICAL RICHTS [hereinafter cited as ICCPRI, Art. 2, cl. 1.
ISJCCPR,
157ICCPR,
I68INTERNATIONAL LAW PRINCIPLES, supra note j.33, r@ICCP& Part [V, Articles 28 - 45, TmINTERNATIONAL LAW PRINCIPLES, suprd note TS3,
cl. cl.
2. 3.
at at
573. 573.
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B.
CONVENTIONS AND RECOMMENDATIONS OF THE INTERNATIONAL LABOUR ORGANIZATION
recognition and protection
As regards a specific sector, the ILO was created primarily for the purpose of the of the rights of laborers, including migrant workers,
documented or otherwise. Its agenda has included forced labour, freedom of associatiory discrimination in employment, equal pay, social security, and the right to work.r7l The aims and purposes of the ILO are contained in the ILO Declaration Conceming the Aims and Purposes of the Intemational Labour Organizaticn.rz In sum, the above Declaration reaffirmed the fundamental principles .tpon *hich the ILO is based, and in particular, that labor is not a commodity, that freedom of expression and association are essential to sustained progress/ and that the war against want requires to be carried on with unrelenting vigor within each nation, and by continuous and concerted intemational effort in which the representatives of workers and employers, enjoying equal status with those of Govemments, join with them in free discussion and democratic decision with a view
to the promotion of the common
welfare.rR
As regards migrant workers, the ILO has come up with numerous Conve.ntions and Recommendations that identify, recognize and provide mechanism for the protection of their rights. The relevant Recommendations and Conventions for purposes of undocurnented migrant workers include Recommendation No. 85,17a Convention No. 97,r7s Convention No. 118,176 Convention No. 143,12 Recommendation No. 151178 and Recommendation No.
100"1n
Significantly, Convention No. 143 combines two distinct parts: (1) migration in abusive conditions and (2) equality of opportunity and treatment of migrant workers. Ratifying states are free to exclude either of the two but a state deciding to ratify only one part is required to report on measures being taken under the other part of the Convention.r8o One of the intentions of Convention No. 143 was to apply to the plight of undocumented migrant workers. Its preamble provides:
TnINTERNATIONAL LAW PRINCIPLE9 supra note 133, at 568. lzThis was adopted on 10 May 1994. BASIC DOCUMENTS, supra note 132 al'1.73. 'UILO DECLARATION CONCERNING THE AIMS AND PURPOSES OF THE INTERNATIONAL LABOUR ORGANIZATION, Part I. 'T4RECOMMEhIDATION CONCERNING MIGRATION FOR EMPLOYMENT (Revised 1949),ILO: International Labor Conventions & Recommendations 1990 - "1.99L, YoL 1, at 508 [ 19921. IT5CONVENTION CONCERNING MIGRATION FOR EMPLOYMENT (Revised 1.949, ILO: International Labor Conventions & Recommendations 1990 - 1991, Vol. l, at 495 [19921, l7ONVENTION CONCERNING EQUALITY OF TREATMENT OF NATIONALS AND NONNON-NATIONALS IN SOCIAL SECURITY, ILO: lnternational Labor Conventions & Recommendations 1990 - 1991, Vol. 1, at 753 U9921. 'TTCONVENTION CONCERNING MIGRATIONS IN ABUSIVE CONDITIONS AND THE PROMOTION OF EQUALITY OF OPPORTLTNITY AND TREATMENT OF MIGRANT WORKERS [hereinafter cited as CONVENTIONNO. 1,43),ILO: International Labor Conventions & Recomrrrendations
1990
- "1.99I, YoL 2, at 1091 ll992l. InRECOMMENDATION CONCERNING MIGRANT WORKERS [hereinafter cited as RECOMMENDATION NO. 151], ILO: lnternational Labor Conventions & Recommendations 1990 1991, Vol. 2, ar 1098 [1992). 1T9RECOMMENDATION CONCERNING THE PROTECTION OF MIGRANT WORKERS IN UNDERDEVELOPED COUNTRIES AND TERRITORIE9 ILO: International Labor Conventions & Recommendations 1990 - 1991, Vol. 1, at 598 [1.992].
leNanda, Yed", The Protection of the Rights of Migrani Wo*erc: Unfnished Business in Battistela, Graziano, HUMAN RIGHTS OF MICRANT WORKERS: AGENDA FOR NGOs, at 253, [1993].
1995
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"Considering that evidence of the existence of illicit and clandestine trafficking in labour calls for further standards specifically aimed at eliminating these abuses/ x x x"181 Furthermore, the said Convention provides:
Articie
"1. Each Member for which this Convention is in force shall systematically seek to determine whether there are illegally employed migrant workers on its territory and whether there depart from, pass
through or arrive in its territoty any movements of migrants- for employment in which the migrants are subjected during their journep on arrival or during their period of residence and ernployment, to conditions contravening relevant international multilateral or bila teral instrument or agreements, or national laws or regulations.rs2
xxx
xxx
xxx
"Each Member shall adopt all necessary and appropriate measures, both within its jurisdiction and in collaboration with oiher Members-
ment and illegal employment of migrants, and
"a.) to suppress clandestine movements of migrants for employ-
"b.) against the organizers of illicit or clandestine movements of migrants for employment departing frorn, passing through or arriving in its territory, and against those who employ workers who have immigrated in illegal conditions, in order to prevent and to elirninate the abuses referred to in Article 2 of this Convention.,,ls
effective detection of illegal employment of migrant workers unJ administratively, civilly, and crirninally.r8a More importantly, the
The Convention further requires that national laws or regulations be made for
not preclude an amnesty Program by the host country for migrant workers illegally working in order to legalize their employment.lss And like Recommendation No. 151,1d6 the said Convention assures equality of treatment and opportunities to all migrant
workers,lsT documented
it po". stiff sanctions saii Convention does
or otherwise.ls
Recommendation No. 151, on the other hand, provides for the protection of the health No. 143, Preamble, I8tONVENTION No. 143, Art. 2, cl. par. i. I83CONVENTION No. 143, Art. 3. I&CONVENTION No. 143, Art. 6. I85CONVEIIJTTION No. 143, Art. 9, cl. 4.
1sTCONVENTION I81CONVENTION
11.
I&RECOMMENDATION No" 151, PART 1, No" 2.
ISCONVENTION No. 14.1 defines a migrant worker in Article 1 I as a person who misratcs or who has migtated from one country to .rnot"ther with a view to being empll.ved otn"r*ir*'*"n hi: own,lccount and includes any person regularly admitted u. u.nigront worker. This dcfinitinn "" does not speci6cally appiy only to documenied migrant workers. The"use of the word "includes,, in the sccond clause indicates that a regularly admitted migrant worker --.r documented migrant worker -- i' simPly .rn element of a l,rrfer grbup of migran'i worker. in which th. undo.um.'nt"J migrant is included.
No. 143, Art.
10.
100
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of migrants, the protection from expulsion upon loss of employment of migrants, and social services.rEe It includes several measures designed to improve the general wellbeing of migrant workers, to promote their human rights, and to ensure their equal treatment with nationals, and provides that states should take all possible measures to facilitate family reunification.leo
Sadly, the Philippines has not ratified any of the above Conventions or Recommendations.
THE 1990 CONVENTION _ THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES'g'
On 17 February 1,978, he General Assembly of the United Nations adopted a Resolution calling for improvement of the situation of the migrant workers. The Resolution asked States to protect the fundamental human rights of migrant workers to consider ratifying the ILO's 1975 Migrant Workers Convention and to increase the dissemination of information relating to migrant workers. The resolution recommended that the UN Commission on Human Rights and the Economic and Social Council consider further the question of migrant workers.rq A report was then prepared by the Secretary General outlining the situation of migrant workers, and one of the focuses of said report was the exploitation of undocumented migrant workers.le3 On 17 December 1.979, a working group was created and it started an entirely new, comprehensive insLrument addressed to the special needs of the workers. They drafted the Intemational Convention on the Rights of All Migrant Workers and Members of their Families (1990 Convention). The complexity of the migration phenomenory its political explosiveness and the UN tradition in the field of human rights led to this instrument covering migrant workers that is intended to be added to the Intemational Bill of Rights.te4 Eleven years later, on 18 December 1990, the work was completed when the General Assembly, by two consecutive resolutions, adopted the instrument, approved the principle of financing the costs of the application machinery over UN resources and authorized the Secretary General to open the Convention for signature by the States.les
The Convention is certainly a milestone that provides in a single multilateral instrument a comprehensive set of standards universally applicable to migrant workers and their families. Its scope includes many new provisions such as definitions of new classes of migrant workers, especially undocumented migrants, and providing for their
special protection.te6 It must, however, be stressed that the 1990 Convention complements other basic intemational instruments on human rights. It reaffirms the permanent validity
ImRECOMMENDATION No. 151, art. 13. lelPlease refer to the Appendices for a copy of the document itself. le2Nazfiger and Bartel, Tln Migrant Workers Conaention: lts Place in Human Rights INTERNATIONAL MIGRATION REVIEW 771', at 773 119911.
1e3Id.
leNanda, supra note 180, at 256.
ltlu,
25
rqlonnroth, Juhan| The Internatiorul Conomtion on the Rights of AII Migrant Workerc and Members
of Their Fam{lies
1e5ld.,
In
the Context of Intenntional Migration Policies: An Analysis of Ten Years of Negotiation,

11'9911.
25 INTERNATIoNAL MIGRATIoN REVIEW 710, at 7r1

le6Nanda, supra note I80,
at
713.
al
26'l'.
1995
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of the principles and standards set forth in the UDHR and does not replace the existing instruments on human rights but only elaborates them in the specific context of migrant workers and their families.reT In sum, the 1990 Convention has four general purposes: (1) to unify the body of law applicable to migrant workers;re8 (2) to complement other instruments;'e (3) to improve the distinctive situation of migrant workers and their families;2o0 and (4) to reduce clandestine trafficking.20r
As regards undocumented migrants, the 1990 Convention sets forth the scenario in
the following statements:
"Considering the situation of vulnerability in which migrant workers and members of their families frequently find themselves owing, amonB other things, to their absence from their State of origin and to the difficulties they may encounter arising from their presence in the State of employment.T,
"xxx
xxx
XXX
"Bearing in mind that the human problems involved in migration are even more serious in the case of irregular migration and convinced therefore that appropriate action should be encouraged in order to prevent and eliminate clandestine movements and trafficking in migrant
workers, while at the same time assuring the protection fundamental human rights.b3
of
their
"Considering that workers who are nondocumented or in an irregular situation are frequently employed under less favourable conditions of work than other workers and that certain employers find this an inducement to seek such labour in order to reap the benefits of unfair competition.e
"Considering also that recourse to the employment of migrant workers who are in an irregular situation will be discouraged if the fundamental human rights of all migrant workers are more widely
le7Penna, L. Rao, Some Salient Human Right in the LIN Conoentinn on Migrant INorkers, in Battistela, Graziano, HUMAN RIGHTS OF MIGRANT WORKERS: AGENDA FOR NGOs, at 241, {79931. lsNazfiger and Bartel, suPra note '1.92, at 774. It is significant to note that this objective is not intended to supersede multilateral and bilateral treaties in eistence for the protection of rnigrant workers. As the Secretary General of the UN stated in 1978 before the Working Comrnittee: "Although intemational standard-setting activities provide a framework which may be regarded as indispensable for the elaboration of bilateral agreements between the countries of origin of migrant workers and the host countries, such bilateral agteements are stili necessary in order to give precise application to international principles ard to settle specific proble.ms." [Nazfiger and Bartel, supra rcte 192, at 775; citing tNelfare of Miyant Workers and Their Fandlies; Principles Concerning Migrant Workers and Thrir Families Already Embodied. in Internntional lnstruments Adopted by llnited Nations Organizations: Ileport of the Secretnry General,26 LrN ESCOR COMM'N FOR SOCIAL DEV. at 11, UN doc" E/CN. 5/564(1978). leNazfiger and Bartel, supra note 792, at 775.
mId., at
ntId., at 777. 2021990 CONVENTION, Preamble, cl.
776.
NId., cl.
10.
NId., cl. 14.
13"
'102
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recognized and, moreover, that granting certain addifional rights to migrant workers and members of their families in a regular situation will encourage all migrants and employers to respect and comply with the laws and procedures established by the States concerned i x x,,rs
It is, however, necessary to make a disclaimer at this point in the study. The 1990 Convention does not pretend tc1 legalize the undocumented status of some migrant workers by providing them with rights. On the contrary, the 1990 Convention p.o,rld".,
Article
68
"1. State Parties, including States of transit, shall collaborate with a view to preventing and eliminating illegal or clandestine movements
and employment of migrant workers in an irregular situation. The measures to be taken to this end within the jurisdiction of each State concerned shall include:
"a.) Appropriate measures against the dissemination of misleading
information relating to emigration and immigration;

"b.) Measures to detect and eradicate illegal or clandestine movements of migrant workers and members of their families and to impose effective sanctions on persons, groups or entities which organize, operate or assist in organizing or operating such movements;
"c.) Measures' to impose effective sanctions on persons/ groups or entities which use violence, threats or intimidation against migtant workers or members of their families in an irregular situation.mu
"2. State of employment shall take all
adequate
and effective *teir

these
measures to eliminate empioyment in their territory of migrant workers
in an irregular situation, including, whenever appropriate, sanctions on

employers of such workers" The rights of migrant workers ois-a-ais
ernployer arising from employment shall not be impaired

measures.mT
by
Article
69
"1. States Farties shall, when there are migrant workers and members of their families within their territory in an irregular situation, take appropriate measures to ensure that such a situation does ncrt
persist.?08
"2. Whenever States Parties concemed consider the possibility of regularizing the situation of such persons in accordance with applicable national legislation and bilateral or multiiateral agreements, appropriate account shall be taken of the circumstances of their entry, the duration
D5Id.,
cl.
15.
1.
1.
m61990
n\d.,
CONVENTION, Art. 68, cl
cl. 2. 2081990 CONVENTION. Art. 69, cl
1995
OCWs
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103
of their stay in the states of employment and other relevant considerations, in particular those relating to their family situation.,,m
This would perhaps reinforce the paradigm presented and espoused by this paper.
A. THE STRUCTURE OF THE CONVENTION

The 1990 Convention provides for four different sets of rights and imposes obligations Protect the,migrant workers from illegal trafficking" It starts with the preamble from where it may be.inferred that the essential underlying objective is to provide for express
to-
provisions for the Protection of the undocumented migrants and the prevention of nondocumentation. Part I (Articles 1 - 5) provides for the scope and coverage of the Convention plus the new classification set forth conceming the different typ.r of migrant workers. Irart II (Article 7) provides the non-discrimination clause. paif ru (Artiile 8 -- 35) states_ the provisions on the rights that are applicable to all migrant workers, documented or othernise. Part IV (Articles 36 - 56)- ioncerns other rights of migrant workers and members of their families who are documented or in a rJgular situa"tion. Part V (Articles 57 - 63) contains provisions applicable to particular categoiies of migrant workers and members of their families. Part VI (Articles 64 - 71) invtlves provilions for the promotion of sound, equitable, humane and lawful conditions in corureition with international migration of workers and members of their families. Part VII (Articles 72 - 78) pertains to different applications of the Convention. Part VIII'(Articles 79 - 84) involves general provisions and Part IX (Articles 85 - 93) involves the final provisions.
B. PRELIMINARY PROVISIONS
The 1990 Convention is applicable to all migrant workers without discrimination2ro and- shall apply during the entire migration process of migrant workers and members
of their families, which comprises preparation for migratioi, departure, transit and the entire period of stay and remunerated activity in the State of ernployment as well as retum to the State of origin or the State of habitual residence"2rr It provides for and defines several classifications of migrant workers which include frontier workers,212 seasonal workersr2l3 seafarers,zla workers on an offshore installatiory2ls itinerant workers,216
The 1990 Conventiory however, shall not apply to the following:
Project-tied workers,217 specified-employment workers,2ls and the self-employed workers.2re
cl. 2. CONVENTION, Art. 1, cl. 1. CONVENTION, Art. 1., cL, 2. '71'?1990 CONVENTION, Art. 2, cl. 2(a). '?131990 CONVENTION, Art. 2, cl. 2ft). 2141990 CONVENTION, Art. 2, cl. 2(c). 2'51990 CONVENTION Art. 2, cl. 2(d). 2161990 CONVENTION, Art. 2, cl. 2(e). 2'71990 CONVENTTON Art. 2, cl. 2(f). 2181q90 CONVENTION, Art. 2, cl. 2(g). 2re1q90 CONVENTION, Art. 2, cl. 2(h).
2101990 2111990
z@Id.,
104
OCWs
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Article
"xxx
agencies
xxx
xxx
"a.) Persons sent or employed by intemational organizations and or persons sent or employed by a State outside its territory to perform official functions,-whose admission and status are regulated by general intemational law or by specific international agreements or
conventionsl b.) Persons sent or employed by a state or on its behalf outside participate in development programmes/ whose admission and status are regulated by agreement with the State of employment and who, in accordance with that agreement, are not considered migrant workers;
its territory who
of origin as investors;
provided for
"c.) Persons taking up residence in a State different from their State
"d.) Refugees and stateless persons, unless such applications is in the relevant national legislation of, or intemational instruments in force for, the State Party concemed;
"e.) Students and trainees;
"f ) Seafarers and workers on an offshore installation who have not been admitted to take up residence and engage in remunerated activity in the State of employment."D
The 1990 Convention further provides a general anti-discrimination clause. Article

7
It
states:
"States Parties undertake, in accordance with the intemational instruments conceming human rights, to respect and to ensure to all migrant workers and members of their families within their territory
or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origiry nationality, age, economic positiory property, rnarital status, birth or other status."??r
In effect, said provision on non-discrimination requires
each State Party to respect and protect the rights guaranteed under this Convention without preference to their nationals. The 1990 Convention may, therefore, be described as "nationality-blind."222
2201990 2211990
CONVENTION, Art. 3. CONVENTION, Art" 7" 2zNazfiger and Bartel, supra note I92,
al
781.
1995
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C. HUMAN RIGHTS
WORKERS
GUARANTEED FOR UNDOCUMENTED MIGRANT
Part III of the 1990 Convention is entitled "Human rights of all migrant workers and members of their families". Part IV, however, is entitled "other rights of migrant workers and members of their families who are documented or in a regular situation." This implies that the rights in Part III are those that are applicable to the undocumented, while those in Part IV are not. The discussion in this study *iU essentially revolve around the rights assured in Part III of the 1990 Convention" after a discussion of the premises underlying its relations with the other rights and
discussion
of the rights enshrined in the 1990 Convention must commence only
guarantees of other intemational instruments and those pursuant to the sovereign acts of each State. The General Provisions [Part VIII] of the 1990 Convention statJthat:
Article
State Party
79
"Nothing in the present Convention shall affect the right of each to establish the criteria governing admission of migrant workers and members of their families. x x xns Article
80
ing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present
Convention.2a
"Nothing in the present Convention shall be interpreted as impair-
'
Article
81
"Nothing in the present Convention shall affect more favorable rights or freedoms granted to migrant workers and members of their families by virtue of:
"a.) The law or practice of a State party; or
"b.) Any bilateral or multilateral treaty in force for the State party
concerned ")?s
.
Furthermore, the 1990 Convention requires that the rights guaranteeJ therein may not be tenounced. The migrant workers shall not''be subject io uny form of pressure to relinquish the foregoing rights.225 And those whose rights are violated are assured by
It is also the basic premise that the undocumented migrant worker must be treated in the same way as nationals of the host country as regards their rights and liberties.
2231990 2241990
CONVENTTON, 1,Jt. 79. CONVENTTON, Art. 80.
"s1990
CONVENflON Art.
81.
2261990
CONVENTTON Art. 82"
106
OCWs
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States Parties in the 1990 Convention of adequate and effective remedies22T before competent administrative, judicial or legislative authorities226 lvho are required to enforce
such
remedies.2ze
Pursuant to the provisions of Part III of the 1990 Conventiory the rights of undocllmented migrant workers sh.all be grouped into eight different classifications based upon their nature. The eight classs are the following: (1) Right to enter and leave the State of origin; (2) Right to life and equality; (3) Basic liberties; (4) Property Rights; (5) Rights in criminal proceedings, arrests and due process; (5) Labor rights; (7) Right to be informed; and (8) Special rights. The rights falling under each classification are the foilowing:
1.) Right to
Enter and Leaae the State
of Oigin
8
Articie
"Migrant workers and their families shall be free to leave any State, including their State of origin.230 This right shall not be subject to any restrictions23r except those that are provided by law, are necessary to protect national security, public order or republic, public health or morals, or the rights and freedoms of others, and are consistent with the other rights recognized in the present part of the Convention.'232
It must be noted that this right involves the entry into any State, including the State of origin. Therefore, the migrant worker impliedly may not be prevented from leaving the country of employment to retum to his or her country of origin in the event that he or she is abused" even if undocumented. Hence, deportation proceedings are proper and are, in fact, encouraged, in order to prevent the proliferation of such migrant workers in an irregular status.
There is, however, an existing strucfural difficulty" The right to leave the State of origin applies only when a person has a valid passport issued by the competent
authorities. Issuance of a passport may be denied in some instances and for good reasons. Under this Convention, however, the State of origin is under an obligation to issue a passport to "a person who is to be engaged in a remunerated activity" in another countrfs or to one who has been illegally brought into another country without any passport through the activities of illegal traffickers such as those who transport laborers across the Philippine-Malaysian border through little boats.23a
2271990
2'?e1990
CONVENTION, Art. 83(a).
'?r1990 CONVENTION,
Art.
83(b)"
CONVENTION, Art. 83(c). 2's1990 CONVENTION, Art. B" cl. 1" 2311990 CONVEhITION, Art. 8, cl. 2. 23'?1990 CONVENTION Art. 79, 80 and 81.
xPenna, supra note 197, at 243. eSupra note 46 and 47.
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2.) Rights to Life and Equality

Article
9
"The right to life of migrant workers shall be protected blr law."z:s
Article
10
"No migrant worker shall be subjected to torture inhuman degrading treatment or punishment."z$
Article
24
or to cruel,
"Every migrant worker shall have the right to recognition everywhere as a person before the law.'237 Article
16
"xxx
xxx
xxx
"2. Migrant workers and members of their families shall have the right to effective protection by the State against violence, physical iniury, threats and intimidatiory whether by public officials or by private individuals, groups or institution."2s Article
29
"Every child of a rnigrant worker shall have the right to a name/ to registration of birth and to a nationality."2s
Article
30
Each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the state concemed. Access to public pre-school educational institutions or schools shall not be refused or limited by reason of the irregular situation with respect to stay or employment of either parent or by reason of the inegularity of the child's stay in the State of employment./'2ao
Note that the above-mentioned rights recognize the inherent dignity of each migrant worker, documented or not, and the fundamental personality of- the child oi the undocumented. Such personality extends to an expresi recognition of the right of tire child of an undocumented to an education. However, the Convention does not forbid capital punishment. Nor is there any immunit| to capital punishment of pregnant women and persons below 18 years of age.2a1
2351990
'?361990 23E1990
2371990
CONVENTION, Art. 9. CONVENTION, Art. 10.
CONVENTION, Art. 24. CONVENTION 1ut. 16, cl" 2. 23'1990 CONVENTION Art. 29. 2401990 CONVENTION tut. 30. 2{rPenna, supra note 1,97, al 244.
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OCWs
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3,)
Basic Liberties
The following liberties are guaranteed under the 1990 Convention:
(1) Freedom from slavery or involuntary servitude, or forced or compulsory labour.2a2 (Art. 11 [1, 2]) (2) Freedom of thought, conscience and
religion.2a3
(Art. 12 t1])
(3) Freedom of expression"24 (Art. 13 t2l) (a) The right to privacy, or freedom from arbitrary or unlawful with privacy, personal or family life, correspondence or other communicatiory or unlawful attacks on honor or reputation.2as
interference
(Art.
t1t)
14)
(5) The right to be respected for one's cultural identity.2a6 (Art. 31
"L1berty", in a positive sense, denotes the fullness of individual existencg and comprehends all personal rights and their enjoyment, such as the freedom of locomotiory freedom to enter into lawful contracts, right to acquire property and useful knowledge, and the right to carry any business or follow any profession, occupation or vocation.2aT Note that the basic liberties enshrined in the 1990 Convention are subject to the laws of the host country that may regulate their enforcement. The freedom of religion shall be subject to lawful limitations to protect public safety, order, health or morals or the
of the host country/ public order, health and morals.2ae In sum, the basic human freedoms
fundamental righs and freedoms of others.24 The freedom of expression shall be regulated by laws regarding respect for the reputation of others, the national security
may be limited only by reasonable legal principles.
4.)
Right to Property
The right to propefty includes:
Right against arbitrary deprivation of property, subject expropriation with iust compensation.2s0 (Art. 15)
to
legal
2421990
CONVENTTON, Art. 11; "forced or compulsory labour" shall not include any work or
service, except forced labour that constitutes penalty for a crime pursuant to laws of the host country,
any work or service normally required of person under legal detention, or any service exacted in cases of emergency or calamity threatening the life or well-being of tlre comrnunity, or any work or service that forrns part of normal civil obligations so far as it is imposed also on citizens of the State
concemed.
2431990 2441990 2451990 2461990
CONVENTION Art. 12. CONVENTION Art. 13. CONVENTION ArL 14. CONVENTION Art. 31. 2{7Penna, supra note 1.97, at 244. 2481990 CONVENTION Art 12, cl. 3. 24e1990 CONVENTION Art. 13, cl. 3. 2501990 CONVENflON, Art. L5.
1995
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This right to property includes the right to transfer eamings and savings, and their impliedly recognizes the right of ownership and all its incidents over property that is owned by the undocumented migrant workei" The Convention incorporated the principle of State responsibility to pay compensation on expropriation. Property deprivatiory if lawful, necessarily requires just compensation.252
p_ersonal effects and belongings.2sr This
5.)
Rights
in Cininal
Proceedings, Artests and Due process
The following rights are assured:

(1) (2)
Right to liberty and securiry of persons.2s (Art. 15 [1]) Right against arbitrary arrest or
detention.2sa
(Art. 15 [4])
(3) Rights under custodial investigation and to a triai and confrontation.2ss
(Art. 15 [5 and 5]), (Art. 18 t3l)
release.2s6
(a) Right to a trial within a reasonable time, or otherwisg to (Art. 15 [5])
(5) The undocumented migrant worker shall have the right to ,equality with nationals before the courts of the host country. Trial shall
be b,y.pybl]c-hearing_by a competent, independent and impartial tribunal established by 1aw.257 (Art. 18 [1]), (Art. 1,G t6))
(6) Right to be presumed innocent until proven g:iilty"2* (Art.

t2l)
1g
Right against double
jeopardy^2se
(Art. 18
[Z])
(8) Right against
ex post facto
laws.260
(Art. 19 [1])
511990 CONVENTION, Art. 32. }1Penna, supra note 197, at 248 - 9, '?s1990 CONVENTION, Art. 16, cl. 1.
bld.,
cl. 4.
CONVENTION Art. 18 cl. 3. These shall include the following rights: a.) To be informed promptly and in detail in a language they understand, of the nature and iu,-rJ" of the charge against them; b.) To have adequate time and facilities for the preparation of their defence and to corimuiicate with counsel of their own choosing; c.) To be tried without undue delay; d.) To have legal assistance; e.)To exarnine and have examined the witnesses against them ur,d io ottuin the atienclance and examination of witnesses on their behalf; f.) To have free assistance of an interpreter, and g.) Not to be^-compellecl to testify against oneself nor to confess guilt.
2561990 2s71990
2551990
2sld., cl. 2.
?5"1d.,
CONVENION, Art. 16, cl. 6. CONVENTION, Art. 18, cl" 1.

7.
cl.
Art. 19. Said provision states that no migrant worker or member of his or her farnily shall be held guilty of any criminal offense on account lf any act or omission that did not constitute a criminal offense under national or international law at the time when the criminal offense was comrnitted, nor shall a_heavier penalty be imposed than the one that was applicable at the time when it was cornrnitted. If subsequent to the comrnission of the offense, provision is made by law for the imposition of a lighter penalty, he or she shall benefit thereby.
'zfl1990 CONVENTION,
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(9) Right to reformation or social rehabilitation during imprisonment or service of penalty.26t (Art. 17 [a])
(10) Right to be detained separate from convicted (Art. 17 [2]), (Art. 17 I3l\
persons.262
(11) Right of accpss to diplomatic (Art. 16 [7]), (Art. 23)
or
consular
protection.263
The above-mentioned rights are similar to those guaranteed by the 1987 Philippine Constitution. Note that the basic procedures on arrest, detentiory due process and trial proceedings, plus our rules on evidence, are similar to the above rights.
6.)
Labor Rights
The following rights refer to and involve employer-employee relationships and policies that directly or indirectly affect the work of the undocumented migrant worker.
The rights are the following:
(1) Freedom from imprisonment based upon mere breach contractual obligation.2a (Art. 20 [1])
of
(2) Freedom from deprivation of authorizations of residence of work permits, or expulsion merely on the ground of failure to fulfill an obligation arising out of a work contract unless the fulfillment constitutes a condition for such authorization or permit.26s (Art. 20 [2])
(3) Right to equal treatment with nationals as regards conditions of employment and remuneration.266 (Art. 25)
(a) Right to
self-organization.26T
(Art.
25)
(5) Right to social security.26 (Art. 2D (6) Right to medical care that is urgently required for the preservation of life or the avoidance of irreparable harm to health on the basis of equal treatment with nationals.26e (Art. 28)
2511990
2ald.,
CONVENTION, Art. 17,
cL. 4.
cl.2 and 3,
CONVENTION, Att. 6, c|.7.
2631990
241990 CONVENTION, Art. 20, cl. 1. 261d., cl. 2. ,61990 CONVENTION Art.25. This shall include equality of treatment as regards overtime, hours of work, weekly rest, holidays with pay, safety, health, term.i?htion of employ.rnent, minimum age, restrictions of home work, and other matters in accordance with the national law of the host country. 2671990 CONVEN]ION Art. 26. This shall include the right to take part in meetings and activities of trade unions and other associations established in accordance with law, with a view to protecting their economic, social, cultural and other interests. This, however, shall be su$ect to national security interest, public order, or the protection of rights and freedoms of others.
2681990
26t1990
CONVENTTON Art. 27. CONVENTION, Art. 28.
1995
OCWs
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these rights are assured, if not inherent, in the undocumented migrant worker. This amounts to a big step since traditionally, the undocumented migrant worker is considered a worker of a lower class, and is not afforded the above-mentioned righs. Also, the undocumented migrant worker himself would not seek to enforce such rights for fear of discovery of an undocumented status. However, such rights will be very relevant especially in cases of qualified regularization.
It is interesting to note that
7.) Right to Infonnation

This right basically involves the right of the undocumented worker to information from the Sate of origrn, the State of employment or the State of transit of the following:
a.) The rights under this Convention; b.) The conditions of their admissiory their rights and obligations under the law and practice of the State, and such other matters as are relevant to their status.27o (Art. 33 [1]) 8.) Special Rights
The following rights are "special" in the sense that they are unique to and are inherent , in the migrant worket, particularly, in the undocumented migrant worker. The following are the said rights:
(1) Freedom from being deprived residence or work permit.2Tt
of his or her authorization of
(2) Freedom from confiscatiory destructiory or any such aftempt, of identity documents, documents authorizing enfry to or stay, residence or establishment in the national territory or work permits" An exception would lie if the said acts are done by a duly authorized public oflicer, and with the delivery of a detailed receipt. However, in-no case shall
it be permitted to destroy the passport or equivalent document of a migrant worker, documented or otherwise, or of his or her family.zn
(3) Collective expulsion shall not be allowed. Each expulsion case shall be studied individually and shall amount to expulsion only after a decision is made by competent authority.2B
(a) The decision shall be in writing and be read language that they understand.2Ta
to them in
Expulsion shall not prejudice the other rights of the migrant -(5) worker, including the right to receive just wages and other entitlerients
due him or
her.275
'm1990 CONVENTION, 211990 CONVENTION
m1990 CONVENTION, Art. aaId., cl. 3.

a5ld.., cl,. 9.
Art. 33. Art.20,

21..
cL.2.
1.
2u1990 CONVENTION, Art. 22, cl.
t't2
OCWs
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(5) The migrant worker concemed shall have a reasonable opportunity before or after departure to settle any claims for wages and other benefits due to him or her and any pending liabilities.2T6
(7) Migrant workers, documented or otherwise, and their families, shall have recourse to the protection and assistance of the consular or diplomatic authorities of their Sta"1.e of origiry or of a State representing the interests of that State whenever their rights are impaired.2z
A close perusal of the above-quoted rights indicate that these rights are integrated with the person of a migrant worker. They are inherent in the status of a migrant worker, documented or otherwise.
Except where a final decision is rendered by a judicial authority, and subject to national security considerations, an aggrieved party has the "right to submit the reasons he or she should not be expelled and to have his or her case reviewed by competent authority."278 An order of expulsion is an administrative decision. In the case of documented workers, some courts have held that the rules of natural justice, particularly the rule of audi altercm partem2n, should be applied before expulsion as ordered. This Conventiory however, does not deal with the right for the application of the rules of natural justice, and includes undocumented migrant workers in its scope.280
D. SUMMARY OF SIGNIFICANT
following seven points:
POINTS
The most significant features of the 1990 Convention would be summarized in the
"1.) The Convention is the first universal codification of the rights of the migrant workers and their family members in a single instrument. This will make it possible to give the rights applicability as intemational standards beyond national provisions and definitions. "2.) While some of the provisions can be found in other international instruments, the fact that they are brought together in one
Convention, gives them validity and consequently promotes an effective
enjoyment
Convention.
by the individuals of the rights provided for in
the
"3.) The Convention breaks new ground by including a universally accepted (hitherto nonexistent) definition of the term "migrant worker" and of most special subcategories of migrant workers. The Conventiory by providing the new classifications of migrant workerso reflects the changing nature of the migratory phenomenon.
"4.) The Convention differs from many other instruments in its field
by applying the principle of an equal treatment of the migrant with

2761d.,
cl. 6.
221990 CONVENTION,
2ro1990
Art.
23.
CONVENTION, Art.22, cl. 4 D"Hear the other party." zsPenna, supra note 197, at 247 - 8.
1995
OCWs
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believed
the nationals of the state of employment rather than a mere ,,minimum standards" approach. This principle is of special relevance for migrant workers in an undocumented or irregular situation. By establishing an appropriate balance between a set of fundamental rights applicable to everyone/ irrespective of the person's legal status, and a set of sanctions against the exploitation of undocumented workers, ttre Convention is
to
create prerequisites
clandestine migrant workers.
for combating illicit trafficking of
"5.) Due to its broad scope, the Convention will provide a framework for further intemational cooperation at a multilateral, regional or bilateral level for promoting sound and lawful conditions for migration. As a matter of fact, the Convention encourages further specific agreements/ especially in the field of social security, while at the same time providing safeguards (e.g., by the way of reservation and exclusion clauses are formulated) to prevent the negotiating states from usi.g fundamental human rights al bargaining fu*n" in such
agreements.
. "6) By induding various international bodies and organizations (notably the ILO) in the implementation of the ConvJntion, the conditions for intemational cooperation in the field of migration are strengthened. An effort has thereby been made to preventlonflicting interpretations of intemational instruments which would have dysfunc-tional effects upon the enjoyment of human rights.
"7.) By establishing a three-tier system of (a) regular reporting (b) a states' complaints procedure and (c) optional individual iomplalnts procedure, a framework has been created within which the principles and pr.visions of the Convention can be effectively translated into national law and practice. The fact that any individuil, irrespective of
his or her residence, may claim that the state where he or shels present is violating his or her rights as a migrant worker is a major innovation in the field of human.rights, even ii the acceptance of ihis procedure will remain optional for the states.,/2sr
. 4, this point, the present sources of the rights of the undocumented have been presented. The present legal
migrant rvorker
structure for the protection of the un-"documented migrant worker has also been laid out. It is, therefore, ne.essary to analyze the structures encountered, to identify the gaps that exist and to perhaps attempt t; fill in the gaps through pertinent legislative and executive agenda.
PERCEIVED GAPS AND INADEQUACIES
IN THE PRESENT I"ECAL STRUCTURE
. The analysis of the Philippine legal structure on the protection of the undocumented migrant workers shall be made on four levels; (1) Implementation of policies on the
pre-employment level; (2) Absence of relevant legislation on the rights of undocumented allonnroth, supra note 194, at 735-6.
714
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migrant workers; (3) Absence of relevant intemational instruments on the rights of undocumented migrant workers; (4) Failure to fully recognize and perform diplomatic and consular responsibilities. The inadequacies on each level shall be discussed and recommendations to fill in the gaps shall be presented.
A.
IMPLEMENTATION OF POLICIES ON THE PRE-EMPLOYMENT LEVEL
The laws and regulatiors p"rtin"nt to pre-employment, pre-deployment and to illegal recruiimeni are aclmiiiedly sufficieni io deiine ihe crimes of illegal recruiimeni, and io actually prevent the conduct of illegal activities conceming pre-employment and predeployment. Prohibited activities have been identified by law and the rules and
regulations have set up the necessary structures to answer the problems administratively, criminally and judicially. The main problem, however, is admittedly on implementation of such policies. Efforts have to be made as regards the arrest and prosecution of the
illegal recruiter. Mere strict implementation of the present legal structures on illegal recruitment would already serve to curb the increase of undocumented migrant workers that become such through the illegal activities of callous recruiters"
Furthermore, as regards the solidary liability of the local recruitment agent and the foreign principal, jurisprudence and stahrtes have recognized this as it is. However, practice indicates that there is still another entity involved - the foreign recruitment agent. Overseas Filipino workers would pass through the local recruitment agent for placement and the foreign recruitment agent for further placement or confirmation of the existence of their employer and employment contract. The solidary liability, therefore, must be construed to include the foreign recruitment agent.
B.
ABSENCE OF RELEVANT LEGISLATION ON THE RIGHTS OF UNDOCU-
MENTED MIGRANT WORKERS

The pertinent legislation relevant to the rights of undocumented migrant workers mainly consists of the provisions of the Labor Code and special laws on illegal recruitment and the 1987 Constitution. Note, however, that the Labor Code and relevant special laws merely concem the aspect of illegal recruitment that can lead to an undocumented status on the pre-employment level. Furthermore, the Constitution merely contains general principles that may indeed define rights and obligations on the migration front, but does not provide for specific rights and obligations. lt impliedly transfers such a responsibility to the Legislature. There is the need to come up with a clear-cut pronouncement by the Philippine Govemment through the Legislature as regards the rights of migrant workers, undocumented or otherwise. Recently, however, the House of Representatives committee on foreign affairs approved on 5 Decemb er 1994 the Magna Carta for Overseas Filipino Workers"282 House
Bill No. 14314, which was principaliy authored by Speaker Jose de Venecia, recognizes the significant contributions of Filipinos abroad to the economy.2s F{ouse Bill No. 14314 is entitled "Magna Carta of Overseas Filipinos."e Said bill reco6;nizes the role of the
szHouse Approoes OCW Magna Carta, MANILA STANDARD, 7 Dec. 1994. [On June 7, 1995, President Ramos signed into law the "Migrant Workers and Overseas Filipinos Act of 1995" - ed.
rctel
mValderama, Tita, Magna Carta Feb. 1994.
pr
Orserceas Pinoys
Approoed, THE PHILIPPINE JOURNAL,
eH.B. No. 14314, Sec.
1.
1995
OCWs
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115
and -* promoting the welfare and protecting the rights of all overseas Filipinos, ^the calls for the institution of mechanisms and safeguards and the management of proper dip,lomatic initiatives to protect them from abuses as well as unjust lnd unfair treitmLnt in foreign lands. Recogpizing that the protection of overseas Filipino workers starts within its territory, the State shall pursue with vigilance, persistence and determination its fight against-illegal recruitment activities and provide stiff penalties for the commission thereof.28s This role of protecting Filipinos abroad must U; in the foreign missions sent tL" Philippine Government. However, it is not expressly stated in th6 new Phitippine !f Foreign Service Act of 1991286 that the foreign s"rvice missions are the ones whô are directly given such responsibility.
Sq_t"
to as "The Bill"], overseas Filipino workers include even those with an undocumented status. The term "Overseas Filipinos" refers to all Filipinos abroad such as professionals, those travelling on business, trainees, workers, tourlsts, students, scholar.s and immigrants.287 "overseas Filipino workers" would then refer to all Filipinos who are to be gngaged, ate engaged, or have been engaged in a remunerated activity in another State. Note that the definitions use the word "all". significantly, as used in th; 1990 Convention, "all" would include documented and undocumented migrant workers.
Provides
Significantly, as may be inferred from the title of H.B. No. 14314 [hereinafter referred
workers through intemational initiatives.
As regards the regulation of deployment of Filipino migrant workers, the Bill a landmark provision that would protect the rights of ull orr".r"as Filipino
It
expressly statJs that:
"[i]t is the policy of the State to deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes aly of the following as a guarantee on the part of the receiving country for the protection and the (sic) rights of overseas Filipino workers:
rights of rnigrant workers;
a.) The country has existing labor and social laws protecting the
b.) It is a signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant labor workers;
c.) It has concluded a bilateral agreement or arrangement with the Government protecting the rights of overseas Filipino workers; and
migrant workers.2s funderscoring supplied]
d.) It is takin^g positive, concrete measures to protect the rights of
Therefore, the Philippine government expressly undertakes to promote the acceptance or adherence of countries hosting overseas Filipino workers to multilateral conventions, declarations or resolutions pertaining to the piotection of the rights of migrant workers, and to take the initiative in commencing bilateral negotiations for the prtp6r" of drafting
)8'H.8. No. 14314, Sec. 2. 2E6PHILIPPINE FOREIGN SERVICE 287H.B. No" 14314, Sec" 3(d)" 2sH.B. No" 1.43'14, Sec. 4"
Acr oF
1991, REPUBLIC
Acr" No. z15Z
19 sept. 1991.
116
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t995
bilateral agreements with host countries of overseas Filipino workers.zEe Significantly, Rep. |aime Lopez, the chairman of the House Committee on Foreign Affairs, said that the govemment would only allow Filipinos to work abroad in countries which will enter into bilateral labor agreements with the Philippines and those which are signatories to multilateral labor agreements like the 1990 Convention.Do This would exert additional
pressure for other countries to negotiate bilateral labor agreements or arrangements with the Philippine govemment.2er Thiq however, is not expressly assured in H.B. No. 14314 since the government recognizes as guarantees for the protection of the rights of overseas Filipino workers any of the above-quoted four situations and the entry into bilateral agreements is only an option.
The Bill further gives the Philippine government the ultimate option to terminate or impose a ban at any time on the deployment of overseas Filipino workers to a given host country in pursuit of national interest or when public safety or public welfare would so require.2e The other landmark provision would concem the imperative given for the cooperation of the relevant executive bodies to cooperate in the protection of overseas Filipino workers. It provides the following additional functions to several govemment agencies to promote the welfare and protect the rights of overseas Filipinos:
"a.) Departrnent of Foreign Affairs - The Department, through its home office or foreign posts, shall take appropriate action or make representation with the foreign authority concemed whenever necessary to Drotect the riehts of overseas Filipinos and extend immediate assistance including the repatriation of distressed or beleaguered
overseas Filipinos.2e3
see
"b.) Department of Labor and Employment - The Department shall to it that labor and social welfare laws in the foreign country are
services.2ea
fairlv aoolied to overseas Filioinos includine the srant of leeal assistance and the referral to proper medical centers or hospitals of lhose Filipinos needing medical or hospitalization "b.1) Philippine Overseas Employment Administration - The Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. It shall also formulate and implement, in coordination with appropriate entities concemed, when necessary, a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements as well as exercise original and exclusive jurisdiction to hear and decide all claims arising out of an employeremployee relationship or by virtue of any law or contract involving
28eId.
eSupra note
D2H.B. D3H.B.
2e4Id.
282. Sec. 6. Sec. 7.
DlValderama, supra note 283.
No. 14314, No. 143'1.4,
1995
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cas-
177
Filipino workers for overseas employment including disciplinary

es.29s
"b.2) Overseas Workers Welfare Administration - The Welfare Officer or in his absence, the Coordinating Officer, shall provide the
overseas Filipino worker and his familv all the assistance thev mav need in the enforcementof contractual obligations by agencies or entities and/ or by their principals. In the performance of this function, he shall make representation and may call on the agencies or entities concemed to conferences or conciliation meetings for the purpose of settling the
complaints or problems brought to his attention.
"In coordination with the Department of Foreign Affairs, the repatriation of the overseas Filipino workers shall also be a primary resporisibility of the OWWA." (Underscoring supplied).2e6
Such cooperation between different government offices is manifest not only in the Philippines. The bill further requires such cooperation among the members of the foreign mission in the host country through the Country-Team approach.2eT Under the countryteam approactr, all officers, representatives and personnel of the Philippine govemment posted abroad regardless of their mother agencies shall, on a per country basis, act as one country-team with a mission under the leadership of the ambassador.2es This implies a concerted effort on the part of Philippine government representatives in the host country in order to promote the welfare and protect the rights of the undocumented migrant worker. There is also the establishment of the Overseas Filipino Resource Centers in host countries with vast concentration of Filipino migrants.P These Centers shall provide the
following seryices:
"a.) Program to promote social integratiory adjustment such as post-
arrival orientatiory settlement advisory service, community networking, and activities for social interaction;
"b.) Counselling and legal services; "c.) Training and skills upgrading;
"d.) Information and education services or programsi

"e.) Welfare
assistance;
"f.) Orientation programs for retuming migrants;
and
"g.) Monitoring daily situations,"circumstances and activities affecting overseas Filipinos.

2esld.
D6Id. DZFLB.
2e8ld.
No. 14314,
Sec. 8.
eH.B. No.
1.4314, Sec" 9.
118
OCWs
in
CRISIS: Ptotecting Filipino Migrant Workers
1995
,,TheestablishmentandoperationsoftheCentershallbeajoint undertaking of various Philippine Sovemment agencies' It -shall have a counterpirt 24-hour information and assistance center at the Department of ioreign Affairs to ensure a continuous network and coordinative mechanism at the home office'/3oo
Overseas, un int"r-ug".,cy commibtee composed 9f th1_Commission on Filipino Bureau of Tourism, of Department OWWA, POEA, Employmelt, and Labor of ment s.hall Investigation of Bureau the National Immieration, National dtutirti., bffi.", and workers Filipino overseas on database efficient an of purposes ;;;il;hrh;d;;; ;il to facilitate the acquisiton of relevant information for operations.3ol composed of Furthermore, a shared covemment Information system for Migration Depart-
sadly, though, the Bill does not live up to its name. It purportedly-calls.,itself.a the Bill would "Magna 6urtu foi Orr"rs*, Filipino Workers'i A tlot" p-erusal' loY"yo' of Filipino overseas by invoked indicate that there are no rel'evant rights that may be that framework a reformed for p.orrid"t *ort".r, documented or otherwise. It"merely Note workers' migrant Filipino by problem, the address *""1J",,"^pt to "..o.r.i"r"d conceived upon that this does not even live .tp to tn" exPectation that is necessarily ot recognltron ano asPect important the very scrutiny of the title of the Bill. It lacks as provided in otherwise, or documented workers, migrant of the rights ;.;;;.;
"i the 1990 Convention. C.
ON THE RIGHTS ABSENCE OF RELEVANT INTERNATIONAL INSTRUMENTS OF IJNDOCUMENTED MIGRANT WORKERS
of the relevant ILO Conventions The Philippine Government has not yet ratified any -the rightg. of the undocumented of protection the regards as and Recommendations
*ig.""i*.iters.
instruments on
The only IiO.o.,'u"ttions ratified by the-Philippine Senate are four socral seiurity for migrant workers and seafarers'e2 The four ILO
C.""""ri""tonlyrefertothegrantof"equalityoftl*ho:".t.:{nationalsandforeign of a s-ystem for workers in workment .o*p"#ution for accidents, the establishment
treatment of nationals the- grant of equality in soc'ial security,, *"i"r""""." of rights -slciul .of "benefiis and the g.u"t benefits to ol
security and non-nationals in ^security Govemment ratified the 1990 Convention' The Philippine tf," nur Neither ;;;f";;;;.; philippine government has gone io th"."*t".rt of signing the 1990 Convention together and House Resolutions with Mexico, Chile and MorJcco.il Despite the presenc-e of Senate has not yet ratified Senate the 1990 ConventiorL*' itre l'trllippine ;r;t"g ,h;g"ilg
"f
300Id.
mlH.B. No. 14314, Sec' 11' s2penaranda, B"r,jamin, iit

s3ld.
u**tt
of Sociallustice, PHILIPPINE TIMES JOURNAL,
15
Nov' 1993'
the Philippines the 4th of Intermtinnal Conoentinn on ooerseas conftact lNorkers Mnkes 1993' Nov' BULLETIN,--24 country'sigitoiy, Editorial, MANILA
*iisrins
305SENATE RESOLuTioN
NO. 269, URGING THE SENATE TO RATIFY THE
1990
INTERNATIoNALcoNvENTIoNoNTHEPRoTEcTIoNoFTHERIGHTSoFALLMIGRANT and HousE RESOLUTION

Sen. Heherson Alvarez; WoRKERS AND MH\4BERS OF THEIR FAMILIES,by
No.25g,URGINGTHEDEPT.oFFoREIGNAFFAIRSToIMMEDIATELYENTERiNToHUMAN
RIGHTSAGREEMENTSwTTHEonsTcNCoUNTRIESHIRINGFILIPINoCoNTRACTWORKERS THE OCWS IN ORDER TO PROTECT AND TO CONTINUOUST-V_TT,IONTTOR THE WELFARE OF BY FoREIGN EMPLoYERS, by MALTREATMENT AND ABUSES op rutgps THEM AGAINST ALL only, MAMLA STANDARD' countries to 'friendly' oCWs also Honorable Reyes and crppi"-.t" see
4 Nov.
1994.
1995
OCWs
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said instrument. Other similar efforts have been exerted by other members of the House and the Senate.e6 There have also been these recommendations concerning the entry into bilateral agreements between the Philippines and host countries of Filipino overseas
workers coming from conferences sponsored by the overseas workers themselves.sT
As regards bilateral agreements, the Philippine govemment has officially entered into three bilateral agreemenis with Qatar, Jordan and lraq, while two bilateral agreements are being proposed each to Malaysia and Singapore. Social security agreements are being proposed each to Malaysia and Singapore. Social security agreements have been inked with Austria, United Kingdom, Canada and Spain, while proposals are still on-going with France, Italy, Belgium, lndonesia, Libya, Palau and Micronesia. The concluded bilateral agreements, however, are not instruments that protect the rights of our overseas workers. The bilateral agreement with Qatar only contains the
following general provisions:
"3.) The Ministry of Labor and Social Affairs of the State of Qatar possible efforts to enhance the welfare, and protect ihe rights, of Filipino workers in accordance with the best possible treatment already extended to foreign workers in the State of Qatar and in accordance further with the labor laws of the State of Qatar. On the other hand, the Ministry of Labor and Employment of the Republic of the Philippines will likewise exert all efforts to assure the selection of qualified Filipino workers as a means of assisting the State of Qatar
will exert all
in her
development.":o:
The said bilateral agreement with Qatar merely indicates that there is the eamest effort of the State of Qatar to provide the best treatment to the Filipino oveiseas workers in their State and in accordance with their labor laws. Nowhere is it stated that the Filipino overseas workers will be treated in the same way as Qatar nationals, or that the rights of undocumented Filipino migrant workers will be recognized.
s6Alitagtag, Cynthia, Solon. l)rges Treaty to Prctect Ouerseas Workers, PHILIPPINE TIMES
JOURNAL, 5 Oct. 1992.
STPROCEEDINGS OF THE FIFTH
ANNUAL REGIONAL CONFERENCE OF OVERSEAS FILIPINOS
tN ASIA AND THE PACIFIC REGION, I2 - l5 Dccember 1990, Kowloon, Hong Kong, published by the Asia-Pacific Mission for Migrant Filipinos, appendices, at 104 [hereinafter referred to as
PROCEEDiNCSI.
It is significant to note that last 7 l\4arch 1995, the Philippine government adopted the resolution at the 51st session of the United Nations'Comrnission on the Human Rights calling on host countries to elirninate all ferrms of abuses against women workers. The Dept. of Foreign Affairs said that the CHR resolution, which was sponsored by Manila, would open the doors to high-level talks that would address the mounting cases of violence committed against women migrant workers. The four-page resolution declared it to be "the moral obligation of re<eiving or host countries to ensure the human rights and fundamental freedoms of all persons within their boundaries, including documented or
undocumented migrant workers, and, in particular, women rnigrant workers who are doubly vulnerable because of their gender and their being foreigners." [Bariuad, Arthur and Dass, Jojo, UN Body Vows to Stop Abuse of Women OCWs, THE MANILA TIME$ S March 1995.1 3OsCOMMUNIQUE BETWEEN THE MINISTRY OF LABOR AND EMPLOYMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE MINISTRY OF LABOR AND SOCIAL AFFAIRS OF THE STATE OF QATAR, 5 May 1981, signecl by Blas F. Opie, Minister of the Ministry of Labor and Employment of the Republic of the Philippines and Ali Ahmed Al-Ansari, Minister, Ministry of Labor and Social Affairs of the State of Qatar.
720
OCWs
in
1995
The bilateral agreement with Jordan is worse. It only contains the following general provisions:
"The employer undertakes to pay for the travel expenses of the worker from his residence in his home Country to his workplace and, upon the termination of the employment contract, and in cases of the cancellation of the contraet unilaterally by the employer, or unsatisfactory performance by the worker during the probation period, his return travel expenses to his residence in his home Country. The retum travel expenses shall not be bome by the employer if the worker unilaterally quits the iob or cancels the contract before its expiry date.ff "The workers shall be employed according to a contract/ the text of which shall have been accepted by the competent authorities of the two Countries, concluded between the employer and the worker. The employment contract shall include working conditions, together with the obligations and the rights of the workers, and shall be prepared in Philippino (sic), Arabic and English."rto
Here, there is a total absence of mention in any manner of the recognition and protection of the rights of migrant workers, much less undocumented Filipino migrant
workers.
It
The bilateral agreement with Iraq is, however, an improvement of the other two.
provides that:
"Workers shall enjoy the rights, duties and privileges accorded the national workers of the receiving country, in the same respect, they shall adhere to respect the laws and regulations of the receiving country during the period of employment."
Significantly, the national treatment principle is embodied in this bilateral agreement. Nonetheless, it still lacks the express mention of the rights of the migrant worker, much less the undocumented Filipino migrant worker, that would be protected by the host country. Significantlp the 1990 Convention recognizes the inherent right of the State to enter into bilateral agreements to protect its migrant workers. This is embodied in its preamble
which
states:
3O'AGREEMENTON MANPOWER BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE HASHEMITE KINGDOM OF IORDAN ATt. 5. 3!old.,
3I'MEMORANDUM OF AGREEMENT RELATING TO MOBILIZATION OF MANPOWER BETWEEN THE REPUBLIC OF TFIE PHILIPPINES AND THE REPUBLIC OF IRAQ, cl. 8, 25 Nov. 1982, signed by Blas F. Ople, Minister of the Ministry of Labor and Employment of the Philippines and Bakr Mahmoud Rasoul, Minister of the Ministfy of Labor and Social Affairs of the Republic of
Iraq.
3121990
Art.
6.
CONVENTION Preamble, cl.
7.
1995
OCWs
in
127
"Recognizing also the progress made by certain States on a regional or bilateral basis towards the protection of the rights of migrant workers and members of their families, as well as the importance and usefulness of bilateral and multilateral asreements in this field; Iunderscorins
supplierll
and in one of its provisions that
states:
"Nothing in the present Convention shall affect more favourable rights or freedoms granted to migrant workers and members of their families by virtue of: a.) The law of practice of a State Party; or b.) Any bilateral or multilateral treaty in force for the State Party
concerned^"313
Other countries have also entered into bilateral agreements in order to protect their overseas workers. Malaysian and Indonesian firms have signed last 5 September 1,994
a memorandum of agreement on the recruitment of Indonesian workers to be employed in Malaysian plantations. The memorandum of agreement was signed by president of the state-owned PT Binajasa Abadi Karya Suramsihono and Drector of the Malaysian employment agency Global Access Sdn. Bhd., Ahmad Apandi Johary and was witnessed by Minister of Manpower of Indonesia, Abdul Latief, and Malaysian Minister for Rural Development, Dato Annuar Musa.3ra The memorandum of agreement aims to improve the quality of workers to be sent and ensure legal protection during their stay in Malaysia
and to protect the workers' rights. It also aims to curb the entry of illegal workers into Malaysia. These bilateral agreements may even go to the extent of establishing border controls in order to prevent the entry of undocumented migrant workers into the host country by skirting their
boundaries.3r6
Furthermore, there are no inter-govemmental agreements as regards the regularization of undocumented migrant workers. Admittedly, it is the prerogative of the host country to deport the undocumented migrant worker. However, some efforts have been exhorted towards the regularization of these undocumented migrant workers, especially those who have attained such a status through no fault of their own. In Taiwary efforts have been made towards the regularization of visa overstays provided that necessary documentation srtch as valid passports and residence information is produced.3rT Such an agreement also exists between Indonesia and Malaysia.3rE
Note that the 1990 Convention clarifies that nothing in its provisions shall be construed as regularizing situations of migrant workers or members of their families who are nondocumented or in any irregular situation or any right to such regularization.3re A scheme for qualified regularization, subiect to the requirements of the laws of the
3131990
s-l.a.Pat 315Id.
CONVENTION Art. 81, cl.

Signed to Ptotect
1.
Kl's Workers in Malaysia, THE JAKARTA POST, 6 Sept.
1994.
s\lhilippines in Talks on Bods Control, HONGKONG STANDARD, 5 July L994. Christopher, Visa Ooerstays Get Fair Treatment, THE CHINA POST, 25 Sept. 1994. :lpodeen, 318DPR Angry at Smuggling af Workus, THE JAKARTA POST, 6 Sept. 1994. 3re1990 CONVENTION Art. 35.
1r,
OCWs
in CRISIS:
Protecting Filipino Migtant Workers
1995
migrant worker, and the circumstances host country, the good faith of the undocumented
ofemploymentmustr,",oua"thesubjectofinter'gover.nmenlaleffortstowardsthe ;f the welfare of the n-rigrant worker from whose labor the host country
;;.;;l#
benefits.
Itcannot,therefore,bedeniedthatthebilateralagreement,-in.theformofatreaty, the contents of said agreement' is perhaps the best way to bind two states as regardi. treaty that would bilateral forge"a A top level mission to'r"Lffi.nuntries,to uiged by Rep' Glenda Ecleo of the Protect House millions of Filipino overseas ii'orke's has been protection the towards step concret-e to"a of Representatives. This would indeed amount ;i td rights of our undocumented migrant workers'32o
D.FAILUREToFULLYRECoGNIZEANDPERFoRMDIPLoMATICANDCONSULAR RESPONSIBILITIES of the rights of undocumented The promotion of the welfare and the Protection ambii of the responsibilities of the consular representlabor officials in diplomatic missions abroad'32l The Department of Labor has about 50 Filipino
ffirt#;;;ilrr'r.rlr;,i;ilrh" the philippin"
in the hosi counhy. fti":.'' not only explicitly t"r"r"r"., atives of "N". the 1990 Convention'3/3 but also by the Labor and 14314322 recoelized bv House-giif states: C"JE .f the Philippines itself' The Labor Code
attaches, *t't" iuUn' tlpntting officers duiy
"To provide ample protection to Filipino workers
1Uro,1a' designated.by the Secretary
the labor
of Labor
or consular officials concemed ""a'ir-l-'pi-.,Jilfpi"Jalpr"*atic advice from the home office, or L.tion nrt shall, even *irr-ro", pr'i6. dutY: and exercise the Power
"a.) To provide alt Filipino workers within their iurisdiction ernployment; assistance on all matters arising out of
or discrim"b.) To insure that Filipino workers are not exploited
inated against; workers -in" in'contracts involving Filipino and conditions of employnient of regulations ind Lubot Code and rules ;;;;;.;;tau.t." *iit and POEAI Board [now the Overseas Employment beveiopment
that the terms "c.) To verify and certify as requisite to authentication
National Seamen Board;
'd ) To make continuing studies or researches and recommendamarket within their tions on the various .tf"tti of the employment
jurisdiction;
3mMissingonlLtborTreatyurged:ToprotectRightsofl.2-MWorkersAbroad,MAMLABULLETIN'
u o"l;ilffo"s-cuadra,
322H.8'
To undergo Reorientation Gemma and canares, cathya Lnbor Attaches Recalletl: 1994' Nov' 2 CHRONICLE' an Oaerseas Employment, fHn VeNne
No. 14314, Sec' 4
3231990
CONVENTIONS, Art' 16' cl' 7'
- 10'
1995
OCWs
in CRISIS:
123
"e.) To gather and analyze information on the employment situation and its probable trends, and to make such information available to the Department of Labor and Employment and the Department of Foreign
Affairs;
"f .) To perform such other duties as may be required of them from
time to
time./324
The Proceedings of the Fifth Annual Regional Conference of Overseas Filipinos in Asia and the Pacific Region has outlined the basic functions of the consular officers as regards Filipino overseas workers based upon the Foreign Service Code of 1983. It states: "The consular functions exercised by foreign service posts abroad consist of the following: Frotection of Filipinos abroad; Granting of citizenship; Facilitation of travel documents; Registration of nationals living abroad; and Rendering of legal and/or notarial services to its own nationals and others, individuals or corporations.
XXX
1.) 2.) 3.) 4.) 5.)
"The forms by which such protection rnay be extended are stated in the FSC [Foreign Service Code]. Foreign service posts are encouraged to establish associations of Filipinos dedicated to civic purposes (Sec. 118). Consular officers may make representations on behalf of Filipinos in cases of injury, oppression, unjust discriminatio& deprivation of liberty, but, only to the extent necessary to protect their rights and interests (Sec. 120) and although without civil or criminal jurisdiction over Filipinos, officers may use their offices to mediate disputes and forge amicable settlements in cases between Filipinos without 'taking part in litigation' (Sec. 121). Officers shall also extend aid to distressed Filipinos to include repatriation but shall not spend government funds without authorization (Sec. 122). Finally, the Chief of Mission shall extend all practicable and necessary assistance to Filipinos in cases of war, rebelliory riots or of imminent danger (Sec. 124)""zzs However, the difficulties in compiying with these duties are indeed many. The job of a labor attache basically involves assistance to workers in their employment problems, ensuring that their contracts are faithfully followed and monitoring the work conditions of all Filipino workers overseas.326
Recently, labor attaches have been recalled in order to undergo reorientation and debriefing on the dynamics of the new directives on overseas employment and of reintegrating the overseas workers to the country's economic mainstream once their
32{P.D.
32SPROCEEDING$ supra note 307, al 92. 325Tampus-Cuadro, Gemma, The Sorrows of OCW luan, THE STINDAY CHI{ONICLE, 6 November 1994.
No. 442, Art.2L
1.24
OCWs
expire.327
in
1995
contracts
Labor attache to South Korea, Arturo Sodusta, reports that Filipino workers who leave the country are armed only with the wrong notion that when they run into troubie abroad, or when they have a fight with their employers, the labor attache will fix their problems for them. Many do not even know that there are diplomatic rules that have
to be
observed and intemal laws".of the host country sometimes

posts.328
work to their
disadvantage. This is worsened by the seeming incompetence of some labor officials in
foreign
Sodusta claims that the difficulties of the workers are further aggravated by the lack attaches" He has no secretary in his staff, no clerk, with just one assistant and interpreter who attends to the needs of Filipino overseas workers who go to his office when he goes to the worksites of other Filipino overseas workers in South Korea. He attends to an average of 20 workers everyday"32e Thus, the difficulties are also caused by the lack of competent labor attaches and staff members sent to the host countries.
of manpower in the offices of the labor
In sum, the difficulties experienced as regards the prompt and proper performance consular and diplomatic responsibilities as regards Filipino overseas workers are mainly because of the absence of sufficient manpower and the lack of the necessary
of
competence.
RECOMMENDATIONS
Taking into consideration the whole discourse on the plight of undocumented Filipino migrant workers, the recommendations as regards their welfare and their rights mainly involve two aspects: implementation and international agreernents. In sum, the following are the recornmendations: (1) Stricter and more efficient implementation of the present provisions on illegal recruitment; (2) Redefinition of the diplomatic and consular role as regards overseas employment; (3) An Integrated Education Program that teaches the youth of the realities of Overseas Employment; (4) Revival, Modification and Ratification by the Senate of House Bill No. 14314 and Ratification of the 1990 Convention; (5) Qualified Regularization and (6) Entry into Bilateral Agreements. The discussions and justifications will follow.
A.
AND EFFICIENT IMPLEMENTATION OF THE tr'ROVISIONS ON ILLEGAL RECRUITMENT

STRICT
As aforesaid, the legal provisions defining and penalizing illegal recruitment are sufficient. The problem lies only in the implementation of said legal provisions strictly and efficiently in order to protect the rights of undocumented migrant workers" The recommendations will logically commence with this because the first danger in attaining an undocumented status is illegal recruitment. To avoid such status, it would necessarily
require a severe enforcement of the laws on illegal recruitrnent"
32Tampus-Cuadra and Canares, supra note 321.

328Id. 3?eId.
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Also, it is strongly recommended that jurisprudence later express that the solidary liability between the local recruitment agent and the principal employer extend to the foreign recruitment agent.
B"
REDEFINING THE DIPLOMATIC AND CONSULAR ROLE ON OVERSEAS

EMPLOYMENT
The labor attaches are admittedly part of any program to protect the undocumented
Filipino migrant worker. The redefinition of consular and diplomatic roles would, however, take two divergent steps. The first step concems a study as regards the phaseout of the functions of private recruilment agencies in the Philippines as regards specific job demands of specific industries in different host countries. A concrete example would be the case of Taiwan. Starting |anuary of 1995, it will be the Philippine cultural office in Taipei which will directly recruit Filipinos for employment in Taiwan.3o This scheme will involve the Manila Economic Cultural office (MECO) in Taipei where the Department of Labor and Employment (DOLE) will open a direct-hiring center in coordinaiion with the Manila DOLE office. Recruitment and placement will be done by the MECO in Taipei in close coordination with DOLE in Manila.3l Therefore, recruitment agencies ln ihe Philippines cannot anymore engage in recruitment and placement with respect to job opportunities in Taiwan. This is a significant step for the govemment because it provides the needed venue to study if such a scheme would be preferable over the pievailing ParticiPation of the private sector in recruitment and placement activities. The resulti of this scheme would perhaps reinforce any future recommendations conceming the applicability of such a method to other specific host countries, or specific industries. The danger, however, in such a scheme is the fact that corruption in said government body may lead to further nondocumentation where bribes maf automatically land some undeserving overseas workers jobs in Taiwary whereas the others would 6e forced to Pursue a status of nondocumentation in order to land jobs there. But the significance of this scheme for now is the opportunity for the Philippine government to exercise its functions directly under the guise of diplomatic or consuhr offices in the host country/ and the opportunity to study if such a scheme would indeed work.
the present practice is to send labor attaches and provide them with -,Furthermore, staff members to the host country to perform their traditional funitions. The present Foreign Service Act of 1991s2 merely provides for structural changes in the foreign service and does not mention in any of its provisions the specific duties and respoisibilities of the labor attache. It is recommended that an amendment be made o.r ih" Foreign Service Act of 1991 to include the following suggestions: To create a labor missiory and not merely a labor attache,s office, under the chief of Mission in the countries where we send Filipino may be sent to a host country and assigr-red to different areas where Filipino overseas workers are found;
ovelseas workers, in sufficient numbers, such that several labor missions
To staff said labor mission with a sufficient number of Filipino lawyers and interpreters to provide sufficient legal service to Filipino overseas workers, especially when it comes to cases filed for or agiinst
sRecruiters
33rId.
for
Taiwan Phased Out, THE M"A.MLA CHRONICLE,

11,991,1.
4 November
1994
s2Republic Act 7157
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To provide strict qualifications for the members of the labor mission and strict grounds for recall in the event that the members of the labor mission are remiss in their duties;
To provide for".competitive compensation packages in order to attract the best and most qualified Filipinos to work for the labor
missions;
This would, in effect, abolish the post of the labor attache and replace
it
instead with
the labor mission.
C.
AN INTEGRATED EDUCATION PROGRAM THAT TEACHES THE YOUTH OF THE REALITIES OF OVERSEAS EMPLOYMENT
Much of the abuse and exploitation that happens to the undocumented migrant worker may be due to the fact of having an undocumented status. This can easily be
avoided given the proper information as regards the whole recruitment and deployment procedure and the prohibited activities that may amount to illegal recruitment, plus the rights that are inherent in a migrant worker. Civen the present state of our economic affairs, a ballooning foreign debt, and a stagnant local labor market, the Philippines becomes a rich ground for cheap labor and other human resources in demand by highly industrialized countries. Despite eagemess to work, the Filipino migrant worker is stifled by a lack of knowledge of a foreign country's cultural norms and work values in order to adjust to the new role as a functional and productive employee.s
Although there are many professional OCWs, a large number consist of untrained and semi-skilled workers who have a low educational attainment level. Therefore, it is recommended that as early as high school, the Philippine govemment integrate an information program as regards the realities of overseas employment" This would necessarily involve information concerning the culture and practices of the common destination countries of Filipino migrant workers, and the rights that are inherent in the migrant worker. Details as regards such a program may be left to a working committee composed of different Non-Govemment Organizations and govemment offices, necessarily the Department of Educatiory Culture and Sports, the Philippine Overseas Employment Administratiory the Overseas Workers Welfare Association and the Department of Labor and Employment.
D.
REVIVAL, MODIFICATION AND RATIFICATION BY THE SENATE OF HOUSE BILL NO. 14314 AND RATIFICATION OF THE 1990 CONVENTION
The Philippine Senate must first ratify the 1990 Convention as an unequivocal declaration of the recognition of the rights of migrant workers, documented or othenrrise. This measure would give the Philippine govemment standing to perhaps negotiate and demand that the host countries of Filipino overseas workers would recognize the rights enshrined therein.
sDe La Cuesta, Roxana, The Need For A Non-Formal Eduutian Program for Filipirc OCWs, THE PHILIPPINE STA& 6 October 1994.
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There are arguments/ however, that such ratification a close perusal of the prorrisions and the rights enshrined with those enshrined in the UDHR, ICESCR and ICCPR, the status of customary international law. The similarities
is not anymore required since in said Convention are similar where the latter have attained may be illustrated this way.3a
Comments
199"1
Subject Area
Overlapping or
Corresponding
CONVENTION
PART III
Provision
Article
8-35
Article
Right to leave; Right to enter the state of

origin
UDHR, Art. ICCPR, Art.
13(2)
1,2
Article
ttight ro life
UDHR,
ICCIJR,
Art. 3; Art. 6
UDHR: "Life, iiberty and the security of

persons;" ICCPR is more explicit
Article
10
Prohibition of
UDHR, Art.
ICCPR,
5;
torture or cruel, inhuman
Art.
or
clegrading
ICCPR includes additional provision against medical
treatrnent or punishment
or
scientific experimentation
r,rrithor-ri consenl
Article
11
Prohibition of slavery or
cornpulsory labor
UDHR, Art. 4;
ICCPR, Art. 8
ICCt'I{ this
prohibition, UDHI{ does not
entlmerate
Article
12
Freedom of
thor,rght,
UDHR,
ICCPR,
Art. Art.
18; 18
Compare, too,
rvith "minority
persons"
conscience and
religion
prorrision of ICCPR, Arr. UDHR, Art.

ICCPR"
19;
19
27
Article
i3
Freedom of
same
opinion and
expression
Art.
3eNazfigc'r and Bartel, supra note 192, Appendix, at790-3 [1991]. The similarities may also bc in the provisions of the KUALA LUMPUR DECLARATION ON HUMAN RIGHTS By THE ASEAN INTER-I'.AIRLIAMENTARY ORGANIZATION [AIPO DECLARATION] last 19 - 25 Sept. 1993. The contents of the AIPO Declaration necessarily invoive similar rights as those enunciated in the UDHR, ICCPR, ICESCR, and more importantly, the 1990 Convention"
observed
'128
Article
14
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Workers
1995
Right
tcr
UDHR, Art. 72;

iCCPR" Art" 17
privacy
Article
15
No arbitrary
deprivation ol
property
UDHR, Art.
17
LrDHR includes right to own property
Article
.1
Civil
liberties;
arrest and
detention restrictions
g.
UDHR, Art.
3&
9
ICCPI{, Art. UDHR, Art.

ICCPR,
Article
17
Rights during detention or

imprisonment
9;
Art.
8&9
Article
18
Equality with nationals before courts; due

plocess
UDHR, A.rt.7,
8,
UDHR Att.7
and ICCPR Art.
26 equal
protection clauses are broader
10 and 11(1); ICCPR Art. 14 &

26
Article
19
Prohibition of ex post facto

crimes; sentencing
UDHR, Art.11(2); ICCPtt, Art. 15
Article
20
Deprivations for
breach of
ICCPR,
Art.
11
contract; n'ork pennit
Article 2l
Prohibition of
unauthorized
destruction of
documents
Article
22
Irrohibition of
collective expulsion;
circumstances
ICCPR" Art" 13
of expulsion
Article
23
I{ight
tcr
recourse to consular or diplom.rtic prctection
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Article Article
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Recognition as
person
UDHR, ArL
ICCPR,
Art.
6; 16
UDHIT and ICCPR
are identical
ICESCR speaks
25
Rights equiva-
ICESCR, Art. 7
lent to
nationals regarding
in
terms of
rights of
"evetyone"
conditions of
employment
Article
26
Rights regarding trade unions
UDHR, Art. and 23(4);
20
and other
associations
ICESCR, Art. 8;
ICCPR, Art. 22
Article
27
Rights to social security same as

nationais
UDFIR, Art.
22
9 12
and
25(1);
ICESCR,
Art.
Article
28
Right to urgent
medical care
ICESCR, Art.
Article
29
Right of children to
name and
identification
ICCPR, Art.
24
Article
30
Right to education, including for those in "irregular
UDHR, Art.26;
ICESCR,
UDHR and ICESCR

elaborate the
and
.14
Art.
13
right explicity
situation" Article
31
same
as nationals
Respect for
UDHR,
Arl
27(1)
cultural
identity ensured
TCCPR, Art. 27; ICESCR, Art. 15
UDHR, Art. 27(7) and ICESCR Art. 15 do not specifically enshrine a right of culturai identity,
Article
32
ILight tcr transfer earnings,

savings, and belongings
Article
33
Right to be infonned of rights under

Convention
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Article
34
Obligations to
Compare with
comply with laws and respect

local cultural identity
UDHR Art. 29 (provision for duties to

community)
Customary international law protects
Article
35
Regulariiation
of nondocumented
aliens not implied
right of
regularization
under some circumstances

lndeed, frorn a comparison of the rights in the 1990 Convention with those in the UDHR, ICCPR and ICESCR, it may be inferred that there are similarities and that the rights enshrined in the 1990 Convention have been part of customary international law and are, therefore, demandable as a rule. However, there are still some other rights that are new such as those under Article 21, 23, 32-35 of the 1990 Convention. It is, therefore, imperative that the 1990 Convention be ratified by the Philippine Senate.
In this light, the role of Non-Government Organizations is significant in the campaign for the ratification by the Senate of the 1990 Convention so as to get the minimum number of twenty States to sign and ratify the Convention so it can enter into force.ss House Bill No. 14314 must also be revived since the sessions of our present Legislature are already finished by this time. Upon revival, the House is exl-rorted to modify the Magna Carta of OCWs in order to integrate the rights that are contained in the 1990 Convention. Furthermore, the sending of Filipino overseas workers to countries who have fulfilled either of the four options contained in the Magna Carta should be amended. The Magna Carta should not provide oplions, but sirould require that Filipino migrant workers should only be sent to host countries who either entered into bilateral agreements with the Philippine govemment as regards the welfare of the migrant workers, or who have unilaterally assured the Philippine governnlent of action and protection as regards the welfare of migrant workers. The four: options mr:st be analyzed properly to decide what will be nonnegotiable to the Philippine government. Thery it is recommended that the Philippine Senate fill in the gaps that the House may have left once fhe Bill is revived and modified. Note that it is imperative that the Philippine Legislature enact a law requiring the protection of the welfare of migrant workers and exhorting the Executive Department to engage in activities that would assure snch protection.
E. ENTRY INTO BILATERAL AGREEMENTS

Undocumented migrant workers, as a rule, experience a whole range of treatment, both legal and social, anong different receiving States. Despite this variation, one decisive element concerns the breach or the failure of national territorial borders. ln other words,
s5Niessen, Jan and Taran, Patrick, Using the Nrtu Migrnnt tNorkerc'Rigltfs Contention,23 INTERNATIoNAL MIGRATIoN REVIEW 859, at 861 [1991].
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the concept of "irregularity of status" of undocumented migrant workers may be taken through an understanding of the concept of State territorial sovereignty and the limitations of sovereignty in fact.s6 The sovereignty and equality of States represents the basic constitutional doctrine of the law of nations that govems a community consisting primarily of States having uniform legal personality, and thus, deserving of the respeci due from other States in the community.sT One of the principal corollaries of suih a principle is the duty of States to refrain from intervention in the intemal or extemal affairs of other States.s This amounts to the doctrine of State territorial sovereignty. Traditionally, the doctrine of sovereign immunity was supreme and absolute such-thit a State enjoys immunity from the exercise of jurisdiction by another State. The courts of one State may not assume jurisdiction over another Statese Thus, it may be inferred that the individuals of one State, once in another State, are absolutely subject to the host State. Limitations on the sovereignty of a State, however, exist in intemational law principles.
The rule of teritorial sovereignty is a fundamental goveming principle of intemational legal and political systems. The term refers to a state's power to exercise exclusive control over its physical domairy subject to limitations imposed by international law. The State's Power to refuse entry and to expel aliens and their discretion to confer nationality has been treated as an integral part of this territorial sovereign power since the late 19th century. It has been said that if a State is not free to decidekho will enter its territory-according to its own criteria and to regulate the conditions of such ingress, it is severely_ impeded in its function as the goveming authority of the territoiy in question.il0 In effect, no State is under any obligation io admit iliens in the absence of any treaty stipulations requiring such obligation.sl This, however, when practiced in a near absolute sense would amount to self-isolation from the community of Nations, cutting off commercial and diplomatic exchanges and excluding itself from the benefits of inter-State relations. Therefore, with the fairly recent developments in intemational relations, it has become an imperative for any State to waive, to a certain extent, its absolute territorial sovereignty for admiftedly tangible gains in relations within the
community of
States.
Admittedly, the expulsion of an alien is within the discretion of any State, since an aliery once received, subjects himself to the territorial supremacy of the receiving State.w Such a discretiory however, is subject to limitations.
"x x x the power of expulsion must be exercised in good faith and not for an ulterior motive. while the expelling state has a margin of appreciation in applying the concept of ,ordre public,, this concept is to be measured against human rights standards. In certain conditions, expulsion may x x x infringe the principle of non-discrimination which is part of customary intemational 1aw."e3 funilerscoring suppliedl
thc Intetnatiatal
[1
eerl. 33TNTERNATIONAL LAW PRINCIPLES, supra note '1,33, at 287. 336INTERNATIONAL LAW PRINCIPLES, supra note 1,38, at 291.. sesALoNGA, JovITo AND YAP, PEDRO, puBLIc INTERNATIoNAL roBosniak, supra note 336, at.742-3.
34ISALONGA
s6Bosniak, Linda, Humnn Rights, State Soaereignty and the Protection of lJnlocumented Migrants l)nler Migrant Workers Conoention, 25 INTERNATIONAL MIGRATION REVIEW 737, at 742
LAw
at 98 [Sth Ed., 1991].
343INTERNATIONAL LAW PRINCIPLE$ supra note 133, at 520.
szld., at 149.
AND YAP, supra note 339, at
148.
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An alien who
enters the territory of a foreign State must accept the institutions that he finds in the receiving State. The Doctrine of State Responsibility, however, mandates that a State is under obligation to make reparation to another State for the failure to
fulfill its primary obligation to afford in accordance with intemational law, the proper protection due to an alien who is a national of the latter State.s Thus was bom the
"minimum intemational standard". The "minimum intemational standard" is a "moral

standard for civilized states" to the principle of national treatment.ss A majority of the states represented at the Hague Codification Conference supported the intemational standard, and this standard is probably affirmed in the Declaration of the UN General Assembly adopted in 1962 on Permanent Sovereigrrty over natural Resources. It also enjoys the support of many tribunals and claims commissions..s5 lts basic statement
would require that:
"x x x the treatment of an aliery in order to constitute an intemational delinquency, should amount to an outrage, to bad faith, to willful neglect of duty or to an insufficiency of governmental action so far short of intemational standards that every reasonable and impartial man would readily recognize as insufficient.".sT
This is taken ois-a-uis the standard of national treatment which requires that an alien be treated in the same way as the nationals of the receiving State. Many potential conflicts may arise out of an application of the above principles between the sending country and the host country as regards undocumented migrant workers. The sending country may argue for the enforcement of the human rights of the undocumented migrant worker. The host country may invoke its territorial sovereignty. Ultimately, it is the undocumented migrant worker who suffers. The problem is more aptly stated this way:
"This failure of sovereignty-in-fact gives rise to various knotty for the intemational legal system. While states possess acknowledged authority to prevent the enhy of these migrants in the first instance and to deport them from their territory, their authority in relation to these migrants in spheres other than immigration regulation is much less certain. What intemational legal norms Bovem states' relationships with undocumented migrants once they are present within their territory? How can states' interests in immigration control and undocumented migrahts' interests in fair treatment be accommodated? What is the actual relationship between states' immigrationregulatory powers and their general human rights obligations to undocumented aliens, and what should it be? In short, how do we understand and work with the interplay between 'questions of entry' and 'questions of membership' in the treatment of irregular migrans under intemational law?"w
questions
34SALONGA AND YAP, supra note 339, at 149-50. 345INTERNATIONAL LAW PRINCIPLES, supra note 133, at 524. a6ld., at 524-5. 34TSALONGA AND YAP, supra note 339, at 1.54; see also INTERNATIONAL LAW PRINCIPLES,
supra note 133, at 525 *Bosnial supra note 336, at 746.
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A proposed solution to answer such question, and to achieve a balance between the principle of state sovereignty and the human rights of the undocumented migrant worker would lie in treaty stipulations. In examining the relations of individuals in tlrms of the principles of intemational law, states may opt to agree to confer special rights to aliens in the form of treaties. A treaty is an intemational agreement concluded betlieen States in written form and govemed by intemational law.sf It is an instrument, a social contract, containing the mutual promises of signatory States and should be an especially strong source of law between nations.3s0 It is the ubiquitous instrument through whicfi all kinds of international transactions are conducted.sr It is the closest arllogy to legislation that intemational law has to offer.3s2 Thus, the binding force of treatiesiipon signatory States is undoubtedly the best means to protect the welfare of undocumented migrant workers. Since the individual is not a 'subject' of intematio'ral law, the individual does not bear the normal responsibility for the breaches of obligations imposed by intemational principles upon States. It is his State, which enters into i treaty with another State, which must present and pursue his claims before intemational triLunals.3s The Performance of the treaty in good faith is expressed in the maxim pacta sunt seaanila. This requires that:
"x x x Every state has to execute in good faith the obligations incurred by treaty. A state which has contracted valid internitional obligations is bound to make such modifications in its legislation as may be neces,bary to ensure the fulfillment of the obligation rlndertaken. It may not advance as against the other parties its own constitution with a view to evading obligations incumbent upon it under treaties
inforce.xxx
"National self-interest, a sense of duty, respect for promises solemnly given and the desire to avoid the obloquy which is attached to the breaking of contracts are among the influences sufficient in most cases to ensure the faithful observance of treaty obligations. where these forces prove ineffective, the injured party has resoit to such sanctions as appeal to public opiniory publication of correspondence/ protest,
demand
for
arbitratiory rupture
available for the enforcement of intemational obligations in general.',3n ThYs, mligl human rights instruments are basically enforced through bilateral, regional and specialized agreements regarding their enforcement. Such agreeirents are impe-rative for the protection of the rights of undocumented migrant wJrkers. Therefore, it is imperative that the Philippine govenment initiate efforts towards the entry into bilateral agreement$ with the countrieJto which Filipino migrant workers, documented or otherwise, are present. Such bilateral agreements *tst r".o[rrize the basic sovereignty of the host country in the exercise of its immigration rd ulations and deportation Powers, but must also instill the basic orientation*and prefeiential option
3{eVIENNA CONVENTION ON THE LAW OF TREATIES, Art. 2(1) (a) [1969]. 3sOWESTON BURNS H., FALK RICHARD AND DAMATO, ANTHOT.iV, iTWENNATIONAL LAW AND woRLD oRDER: A PRoBLEM-ORIENTED ceuRsEBooK at 44[2nd Ed., 1990]. 3''HARRIS, D.T., CASES AND MATERIALS ON ATTENruNIONAL LAW, At 503 [:id Ed., 1983].
352Id.
of
relations and other sanctions
3s{SALONGA
3$Id., at 580-1.
AND YAP, supra note
3319,
at
142.
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for the human rights of the undocumented migrant worker.

The Philippine govemment has concededly maintained a policy of friendly and "comprising" attitude in negotiations when it comes to other States. This is a good negotiating stance. However, the Philippine govemment must know when to draw the line between friendly negotiations and the imperative uncompromising attitude in defending the welfare of its citizens abroad without maintaining a threatening stance. Admittedly, efforts have indeed been exerted by the Department of Foreign Affairs to
enter into bilateral agreements with host countries to protect the Filipino overseas workers, documented or otherwise. These efforts are, however, not yet enough. Dialogues and consultations with the sectors concemed and intemational bodies, agencies and govem-
ment representatives are encouraged as preliminaries in order to obtain non-binding, but persuasivg promises of protection and welfare management. Perhaps, this may be the substantive conditions precedent to bilateral or multilateral agreements.
PART
III
APPENDICES
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REPUBLIC ACT NO. 8042 *

AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMIL]ES AND OVERSEAS FILIPiNOS IN D]STRES' AND FOR OTHER PURPOSES
Be it enacted by the Senate and House Congress assembled:
of
Representatives
of the Philippines in
and Overseas Filipinos Act of

SEC. 2. Declaration
SECTION 1. Short Title. - This Act shall be known and cited as the "Migrant Workers
1995."
of Policies.
(a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to self-determination paramount in its relations with the other states, the State shall, at all times, uphold the dignity of its citizens whether in country or overseas/ in general, and Filipino migrant workers, in particular. (b) The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. Towards this end, the State shall provide adequate and timely soclil, economic
and legal services to Filipino migrant workers.
(c) While recognizing the significant contribution of Filipino migrant workers to *re national econo-my through their foreign exchange remittanceJ, the State does not promote overseas employment as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the filiplno citizen shall not, at any time, be compromised or violated. The State, therefore, ihall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development.
overseas migrant women workers and their particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and implementation of policies and progr-ahs -the affecting migrant workers and the composition of bodies tasked for welfare of rr,igrant workers.
(d) The State affirms the fundamental equality before the law of women and men and the significant role of women in nation-building. Recognizing the contribution of
(e) Free access to the courts and quasi-jUdicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. In this regard, it is imperative that an effective mechanism be instituted to ensure that the rights and interest of diitressed overseas Filipinos, in general, and Filipino migrant workers, in particular, documented or undocumented, are adequately protected and safeguarded.
*Approved, 7 July 1995. This Act which is a consolidation of House Bill No. 14314 and Senate Bill No. 2077 was finally passed by the House of Representat .es and the Senate on 5 June 1995 and 3 June 1995 respectively.
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(0 The right of Filipino migrant workers and all overseas Filipinos to participate decision-making processes of the State and to be represented in institutions relevant to overseas employment is recognized and guaranteed.
in the democratic
the ultimate protection to all migrant workers is the of skllls. Pursuant to this and as soon as practicable, the govemment shall deploy and/or allow the deployr4ent only of skilled Filipino workers.
possession
G) Th" State recognizes that
(h) Non-govemmental organizations, duly recognized as legitimate, are partners of the State in the protection of Filipino workers and in the promotion of their welfare. The State shall cooperate with them in spirit of trust and mutual resPect. (i) Govemment fees and other administrative costs of recruitment, introduction, placement and assistance to migrant workers shall be rendered free without prejudice to the provision of Section 35 hereof.
sea-based,
Nonetheless, the deployment of Filipino overseas workers, whether land-based or by local service contractors and manning agencies employing them shall be encouraged. Appropriate incentives may be extended to them. SEC.
3. Definitions. - For purposes of this Act:
(a) "Migrant workers" refers to a person who is to be engaS;ed, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a legal residenf to be used interchangeably with overseas Filipino workers.
(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concem for the respective interests of the sexes.
(c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act.
I.
DEPLOYMENT
SEC. 4. Deployment of Migrant Workers. - The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The govemment recognizes any of the following as a Suarantee on the part of the receiving country for the protection and the rights of overseas Filipino workers:
(a) It has existing labor and social laws protecting the rights of migrant workers;
(b) It is a signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers; and
(d)
it is taking positive, concrete
measures to protect the rights of migrant workers.
SEC. 5. Termination
or Ban on Deployment. - Notwithstanding the provisions of
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Section 4 hereof, the govemment, in pursuit of the national interest or when public welfare so requires, may, at any time, terminate or impose a ban on the deployment of migrant
workers.
II.
ILLEGAL RECRUITMENT
SEC. 5. Definition. - For purpose of this Act, illegal recruitment shall mean any act of canvassing, enlisting contracting, transportin& utilizing, hiring, or procuring workers and includes referring contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of *re Philippines: Provided, That any such nonlicensee or non-holder who, in any manner, offers or promises for a free employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any persorL whether a non-licensee, non-holder
or holder of authority:
(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;
(b) To fumish or publish any false notice or information or document in relation to recruitment or employment (c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;
employment (e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;
(0 To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines; (g) To obstruct or attempt to obstruct inspection Employment or by his duly authorized representative;
by the Secretary of Labor
and
(h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange eamings, sepdration from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employmen!
(i) To substitute or alter to the prejudice of the workers, employment contracb approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employmenq
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or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure
(j) For an officer or agent of a recruitment or placement agency to become an officer
for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reason
of Labor and Employment; and
as determined
by the Department
(m) Failure to reimburse expense incurred by worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage.
Illegal recruitrnent is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a glouP. and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable.
SEC. 7. Penalties. The persons criminally liable for the above offenses are the principals, accomplices
imprisonment of not less than six (5) years and one (1) day but not more than twelve (12) years and a fine of not less than Two hundred thousand pesos (=F200,000.00) nor more than Five hundred thousand pesos ( -500,000.00).
(a) Any person found guilty of illegal recruitment shall suffer the penalty of
(b) The penalty of life imprisonment and a fine of not less than Five hundred thousand pesos ( ?500,000.00) nor more than One million pesos (-1,00Q000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein.
Provided, however, That the maximum penalty shall be imposed if the person illegally recruitment is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.
SEC. 8. Prohibition on Officials and Employees. - It shall be unlawful for any official Overseas Employment Administration (POEA), or the Overseas Workers Welfare Administration (OWWA), or the Department of Foreign Affairs, or other govemment agencies involved
or employee of the Department of Labor and Employment, the Philippine
in the implementation of this Act, or their relatives within the fourth civil degree of consanguinity or affinity, to engage, directly or indirectly, in the business of recruiting migrant workers as defined in this Act. The penalties provided in the immediate preceding paragraph shall be imposed upon them.
SEC. 9. Venue. - A criminal action arising from illegal'recruitment as defined herein shall be filed with the Regional Trial Court of the province or city where the offense
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of the offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts: Provided, however, That the lfgrgstated Provisions shall also apply to those criminal actions that have already been filed in court at the time of the effectivity of this Act.
was committed or where the offended party actually resides at the time of the commission
. _SqC 10. -Money Claims. - Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the oligiryl and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an-employer-employle relationship or by virtue of any law or contract involving Filipino *ork"r" for ovLrslas deployment including claims for actual, moral, exemplary and other forms of damages.
The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This proviJion -shall be incorporated in the conlract for overseas employment and shall 6e a condition precedent for its approval. The performance bond to be filed by the recruitment/ placement-agency, as provided by law, shall be answerable for ail money claims or da,m|q9s that may be awarded to the workers. If the recruitment/placement agency is a- juridical being, the corporate officers and directors and partners is the case iray-be, shall themselveg be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.
Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitutiory amendment or modification made
locally or
in a foreign country of
the said contract.
A^y compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid four (4) months from the approval of the settlement by the appropriate authority.
In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the worker shall be entitled to the full reimbursement of his placement,fee with interest at twelve percent (IZY") pu annum, plus his salaries for the unexpired portion- of his employmeni contract or for three (3) months for every year term/ whichever is less.
- Noncompliance with-the mandatory period for resolution of cases provided under this section shall subiect the responsible oificials to any or all of the following penalties:
complies therewith;
(a) The salary of any such official who fails to render his decision or resolution within the prescribed period shall be, or caused to be, withheld until the said official
(b) Suspension for not more than ninety (90) days; or

(c) Dismissal from the service with disqualification to hold any appointive public office for five (5) years.
Provided, however, That the penalties herein provided shall be without prejudice to an-y liability which any such official may have incurred under other existing laws or rules and regulations as a consequence of violating the provisions of this parJgraph.
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SEC. 11. Mandatory Periods for Resolution of Illegal Recruitment Cases. - The preliminary investigation of cases under this Act shall be terminated within a period of thirty (30) calendar days from the date of their filing. Where the preliminary investigation is conducted by a prosecution officer and a prima facie case is established, the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a prima facie case is found to exist, the corresponding information shall be filed by the proper prosecution officer within forty-eight (48) hours from the date of receipt of the records of the case.
SEC. 12. Prescriptive Periods. - Illegal recruitment cases under this Act shall prescribe
in five (5) years: Provided, however, That illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (20) years.
SEC. 13. Free Legal Assistance; Preferential Entitlement Under the Witness Protection Program. - A mechanism for free legal assistance for victims of illegal recruitment shall be established within the Department of Labor and Employment including its regional
officers. Such mechanism must include coordination and cooperation with the Department of Justice, the Integrated Bar of the Philippines, and other non-govemmental organizations and volunteer groups. The provisions of Republic Act No. 5981 to the contrary notwithstanding, any person who is a victim of illegal recruitment shall be entitled to the Witness Protection Program provided thereunder.
III.
SERVICES
SEC. 14. Travel Advisory,/information Dissemination. - To give utmost priority to the establishment of programs and services to prevent illegal recruihent, fraud and exploitation or abuse of Filipino migrant workers, all embassies and consular offices,
through the Philippine Overseas Employment Administration (POEA), shall issue travel advisories or disseminate information on labor and employment conditions, migration realities and other facts; and adherence of particular countries to intemational standards on human and workers' rights which will adequately prepare individuals into making informed and intelligent decisions about overseas employment. Such advisory or information shall be published in a newspaper of general circulation at least three (3) times in every quarter.
of the worker and the transport of his personal
belonging shall be the primary responsibility of the agency which recruited or deployed the worker overseas. All costs attendant to repatriation shall be borne by or charged to *re agency concemed and/ or its principal. Likewise, the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be bome by the principal and/or the local agency. However, in cases where the termination of employment is due solely to the fault of the worker, the principal/employer or agency shall not in any manner be responsible for the repatriation of the former and,lor his
belongings.
SEC. 15. Repatriation of Workers; Emergency Repatriation Fund.
- The repatriation
The Overseas Workers Welfare Administration (OWWA), in coordination with appropriate intemational agencies, shall undertake the repatriation of workers in cases
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of war, epidemic, disasters or calamities, natural or man-made, and other similar events without prejudice to reimbursement by the responsible principal or agency. However,
in cases where the principal or recruitment agency cannot be identified, all costs attendant to repatriation shall be bome by the OWWA. For this purpose, there is hereby created and established an emergency repatriation
fund under the administratiory control and supervision of the O\AIWA, initially to consist of One hundred million pesos (T-100,000,000.00), which shall be taken from the existing
fund controlled and administered by the OWWA. Thereafter, such fund shall be provided for in the General Appropriations Act from year to year: Provided, That the amount appropriated shall in no case be less than One hundred million pesos (fi100,000,000.00), inclusive of outstanding balances.
SEC. 15. Mandatory Repatriation of Underage Migrant Workers. - Upon discovery or being informed of the presence of migrant workers whose actual ages fall below the minimum age requirement for overseas deployment, the responsible officers in the foreigrr service shall without delay repatriate said workers and advise the Department of Foreign Affairs through the fastest means of communication available of such discovery and other
relevant information.
SEC. 17. Establishment of Replacement and Monitoring Center. -
monitoring center is hereby created in the Department of Labor and Employment for
retuming Filipino migrant workers which shall provide a mechanism for their reintegration into the Philippine society, serve as a promotibn house for their local employmeit, and tap their skills and potentials for national development.
The Department of Labor and Employment, the Overseas Workers Welfare Administratiory and the Philippine Overseas Employment Administration shall, within ninety (90) days from the effectivity of this Act, formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings, livelihood and entrepreneurial development, better wage employment, and investment of savings.
A replacement and
For this Purpose, the Technical Education and Skills Development Authority (TESDA), the Technology Livelihood Resource Center (TLRC), and other govemment agencies involved in training and livelihood development shall give priority to retumees who had been employed as domestic helpers and entertainers.
SEC. 18. Functions
of the
Replacement and Monitoring Center.
- The Center shall
provide the following services:
in
(a) Develop livelihood programs and projects for retuming Filipino migrant workers coordination with the private sector;
(b) Coordinate with appropriate private and govemment agencies in the promotion, development, replacement and the full utilization of their potentials;
(c) Institute in cooperation with other govemment agencies concemed, a computerbased information system on skilled Filipino migrant workers which shall be accessible to all local recruitment agencies and employers, both public and private;
(d) Provide a periodic study and
assessment
of job opportunities for returning
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Filipino migrant workers; and

retuming Filipino migrant workers.
(e) Develop and implement other appropriate programs to promote the welfare of
SEC. 19. Establishment of a Migrant Workers and Other Overseas Filipinos Resource Center. - Within the premises and qnder the administrative jurisdiction of the Philippine Embassy in countries where there are large concentrations of Filipino migrant workers, there shall be established a Migrant Workers and Other Overseas Filipinos Resource
Center with the following services:
(a) Counselling and legal services;
(b) Welfare assistance including the procurement of medical and hospitalization

services;
(c) Informatiory advisory and programs to promote social integration such as postarrival orientatiory settlement and community networking services and activities for social interaction;
the purview of this Act. For this purpose, the Center is enjoined to compel existing undocumented workers to register with it within six (6) months from the effectivity of this Act, under pain of having his/her passport cancelled; (e) Human resource development, such as training and skills upgrading;
(d) lnstitute a scheme of registration of undocumented workers to bring them within
(f) Gender sensitive programs and activities to assist particular needs of women
migrant workers;
(g) Orientation program for retuming workers and other migrants; and (h) Monitoring of daily situations, circumstances and activities affecting migrant workers and other overseas Filipinos.
The establishment and operations of the Center shall be a joint undertaking of the various govemment agencies. The Center shall be open for twenty-four (24) hours daily including Saturdays, Sundays and holidays, and shall be staffed by Foreign Service personnel, service attaches or officers who represent other Philippine govemment agencies abroad and, if available, individual volunteers and bonafide non-govemment organizations from the host countries. In countries categorized as higtrly problematic by the Department of Foreign Affairs and the Department of Labor and Employment and where there is a concentration of Filipino migrant workers, the govemment must provide a lawyer and a social worker for the Center. The Labor Attache shall coordinate the operation of the Center and shall keep the Chief of Mission informed and updated on all matters affecting it. The Center shall have a counterpart 24-hour information and assistance center at the Department of Foreign Affairs to ensure a continuous network and coordinative mechanism at the home office.
SEC.
20. Establishment of a Shared Govemment Information System for Migration.
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welfare Administratiory the Department of Tourism, the Department of |ustice, the Bureau of Immigratiory the National Bureau of Investigatiory and the National Statistics Office shall be established to implement a shared govemment information system for miSration. The inter-agency committee shall initially make available to itself the information contained in existing data bases/files. The second phase shall involve linkaging of computer facilities in order to allow free-flow data exihanges and sharing
among concemed agencies.
The inter-agency committee shall convene to identify existing data bases which shall be declassified and shared among member agencies. These shared data bases shall initially
- An inter-agency committee composed of the Department of Foreign Affairs and its attached agency/ the Commission on Filipinos Overseas, the Department of Labor and Employment, ttre Philippine Overseas Employment Administratiory the Overseas Workers
include, but not be limited to, the following information:
(a) Masterlists of Filipino migrant workers,/overseas Filipinos classified according to occuPation/job category, civil status, by country/state of destination including visi
classification;
(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals, including those serving prison terms; (c) Masterlists of departing/arriving Filipinos;
(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists;

(e) Blacklisted foreigners/undesirable aliens;
(f) Basic data on legal systems, immigration policies, marriage laws and civil and criminal codes in receiving countries particularly those with large numbers of Filipinos;
(g) List of labor and other human rights instruments where receiving countries are
signatories; (h) A-tracking system of past and present gender disaggregated cases involving male
and female migrant workers; and

(i)- Listing
of
overseas_
general, and migrant workers,
posts which may render assistance to overseas Filipinos, in in particular.
SEC.-21. Migrant Workers Loan Guarantee Fund.
L:r order
to further
unscrupulous_jll9_aat recruiters from taking advantage of workers seeking emplbyment abroad, the OWWA, in coordination with govemmeni financial institutionslshali institute financing schemes that will expand the grant of pre-departure loan and family assistance
prevent
loan. For this purpose,-a Migrant Workers Loan Guarantee Fund is hereby created and
the revolving amount of one hundred million pesos (F100,000,000.00) from the owwA is set aside as a guarantee fund in favor of partilipating government financial institutions.
SEC. 22. Rights and Enforcement Mechanism Under Intemational and Regional Human Rights Systems. - The Department of Foreigp Affairs is mandated to undErtake
the necessary initiative such as promotions, acceptanie or adherence of countries receiving
Filipino workers to multilateral convention, deilaration or resolutions pertaining to
thE
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protection of migrant workers' rights. The Department of Foreign Affairs is also mandated to make an assessment of rights and avenues of redress under intemational and regional human rights systems that are available to Filipino migrant workers who are victims of abuse and violation and, as far as practicable and through the Legal Assistant for Migrant Workers Affairs created under this Act, pursue the same on behalf of the victim
if it is legally impossible to file individual
complaints.
If a complaints
machinery is
available under intemational or reg[onal systems, the Department of Foreign Affairs shall fully apprise the Filipino migrant workers of the existence and effectiveness of such legal options.
IV. GOVERNMENT
AGENCIES
SEC. 23. Role of Govemment Agencies. - The following govemment agencies shall perform the following to promote the welfare and protect the rights of migrant workers and, as far as applicable, all overseas Filipinos:
(a) Department of Foreign Affairs - The Department, tluough its home office or foreign posts, shall take priority action or make representation with the foreign authority concemed to protect ttre rights of migrant workers and other overseas Filipinos and extend immediate assistance including the repatriation of distressed or beleaguered migrant workers and other overseas Filipinos;
(b) Deparhnent of Labor and Employment - The Department of Labor and Employment shall see to it tlrat labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable, to other overseas Filipinos including the grant of legal assistance and the referral to proper medical centers or
hospitals: (b.1) Philippine Overseas Employment Administration - Subject to deregulation and phase-out as provided under Sections 29 and 30 herein, the Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system" It shall also formulate and implement, in coordination with appropriate entities concemed, when necessary, a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements.
(b.2) Overseas Workers Welfare Administration
The Welfare officer
or in
his
absence, the coordinating officer shall provide the Filipino migrant workers and his
family
all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. In the performance of this functiorL he shall make representation and may call on the agencies or entities concemed to conferences or conciliation meetings for the purpose of settling the complaints or problems brought
to his attention.
V.
THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
SEC. 24. Legal Assistant for Migrant Workers Affairs. - There is hereby created the position of Legal Assistant for Migrant Workers Affairs under the Department of Foreign Affairs who shall be primarily responsible for the provision and overall coordination of a legal assistance seryices to be provided to Filipino migrant workers as well as overseas
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Filipinos in distress. He shall have the rank, salary and privileges equal to that of an undersecretary of said Department.
The said Legal Assistant for Migrant Workers Affairs, shall be appointed by the
President and must be of proven competence in the field of law with at least ten (10) years of experience as a legal practitioner and must not have been a candidate to an
elective office
in the last local or national
elections.
are:
Among the functions and responsibilities of the aforesaid Legal Assistant
(a) To issue the guidelines, procedures

assistance services
and criteria for the provision of legal to Filipino migrant workers;
(b) To establish close linkages with the Department of Labor and Employment, the POEA, the O\AIWA and other govemment agencies concemed, as well as with nongovemmental organizations assisting migrant workers, to ensure effective coordination and cooperation in the provision of legal assistance to migrant workers;
(c) To tap the assistance of reputable law firms and the Integrated Bar of the Philippines and other bar associations to complement the govemment's efforts to provide
legal assistance to our migrant workers;
Section 25 hereof and
to authorize disbursements therefrom purposes for which the fund was set up; and
(d) To administer the legal assistance fund for migrant workers established under
in accordance with
in
Section 20.
the
(e) To keep and maintain the information system as provided
The Legal Assistant for Migrant Workers Affairs shall have authority _ lawyers, domestic or foreigp, functions.
to hire private in order to assist him in the effective discharge of the above
- SEC. 25. Legal Assistance Fund. - There is hereby established a legal assistance fund for migrant workers, hereinafter referred to as the Legal Assistance Fund, in the amount of One hundred million pesos ( f 100,000,000.00) to be constituted from the following sources:
Fifty million pesos ( F
50,000,000.00)
from the contingency Fund of the presiden!
Thifty million pesos ( r 30,000,000.00) from the Presidential social Fund; and
Twenty million pesos ( F20,000,000.00) from the Welfare Fund for Overseas Workers established under Letter of Instruction No. 532 as amended by Presidential Decree Nos. 1694 and 1809.
Act.
Any balances of existing funds which have been set aside by the government specifically as legal assistance or defense fund to help migrant workers ihull, ,pon effectivity of this Act, be tumed over to, and form part of, the Fund created under ihis
SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created under the preceding section shall be used exclusively to provide legal services to migrant
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workers and overseas Filipinos in distress in accordance with the guidelines, criteria and procedures promulgated in accordance with Section 24(a) hereof. The expenditures to be charged against the Fund shall include the fees for the foreign lawyeri to be hired b-y the Le8al Assistant for Migrant Workers Affairs to represent -ig.u.ri workers facing charges abroad, bail bonds to secure the temporary releaie of worklrs under detentiori -"*penses. court fees and charges and other litigation
VI.
COUNTRY-TEAM APPROACH
SEC-. 27' Priority Concems of Philippine Foreign Service Post_s. - The country-team approach, as enunciated under Executive Order No- 74 series of 1993, shall be the mode ydgL which Philippine embassies or their personnel will operate in the protection of the-Filipino miSrant workers as well as in the promotion of -their welfare, ln particular, and the protection of th.e flqlty and fundamental rights and freedoms of the Filipino citizen abroad, in general, shall be thehighest priority concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service Posts.
SEC. 28. Country-Team Approach. - Under the country-team approach, all officers, representatives and personnel of the Philippine govemment posted- abroad regardless of their mother agencies shall, on a per country basis, act ai one country-teim with a mission under the leadership_ of the ambassador. In this regard, the ambissador may recommend to the Secretary of the Department of Foreign Affairs the recall of officers, representatives and personnel of the Philippine govemment posted abroad for acts inimical to the national interest such as, but not limited to, failure to provide the necessary services to protect the rights of overseas Filipinos.
Upon receipt of the recommendation of the ambassador, the Secretary of the Department of Foreign Affairs. shall, in the case of officers, representatives and personnel of other - departments, endorse such recommendation to the department secretary concemed for-appropriate action. Pending investigation by an ap'propriate body in thl Philippines, the, person recommended for recall may be plaiea under preventive suspension by the ambassador.
In host countries where there are Philippine consulates, such consulates shall also constitute part of the country-team under the leadership of the ambassador"
. -! h" implementation of the country-team approaclr, visiting Philippine delegations shall be provided full support and information. VII.
DEREGULATION AND PHASE-OUT
SEC. 29. Comprehensive Deregulation Plan on Recruitment Activities. - Pursuant to a progressive policy of deregulation whereby the migration of workers becomes strictly a matter between the worker and his foreign employer, the DoLe within one (1) year from the of this Act, is hereby mandated to formulate a five-year compre-effectivity hensive deregulation plan on recruitment activities taking into account iabor maiket trends, economic conditions of the country and emerging circumstances which may affect
the welfare of migrant workers.
of the POEA pursuant to the objectives of
SEC. 30. Gradual Phase-out of Regulatory Functions. - Within a period of five (5) years from_the effectivity of this Act, the DOLE shall phase-out the regulatory functions
deregulation.
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VIII.
PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD
SEC. 31. Incentives to Professionals and Other Highly-Skilled Filipinos Abroad. Prrrsuant to the objective_of encouraging professionals and other highly-ikilled Filipinos abroad especially in the field of science and technology to participa-te in, and contribute to nationai development, the government shall provide proper and adequate incentives and programs so as to secure their services in priority d-eveiopment areas of the public
and private
sectors.
IX.
SEC.
MISCELLANEOUS PROVISIONS
32.
POEA and OWWA Board; Additional Memberships.
shall, in addition to their present compositi,ory have three (3) members each who shall come from the womery sea-based and land-based sectors respectivelp to be appointed by the President in the same manner as the other members.
SEC. 33. RePort to Congress. - In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 hereof, the biepartmen"t of Foreign Affairs and the Department of Labor and Employment shall submit to the said boiy a semi-annual report of Philippine foreign posts located in countries hosting Filipino mi8rant workers. The report shall include, but shall not be limited to, the ]o[owing information:
any- provision of law to the contrary, the respective Boards of the
- Notwithstanding FotA and the oww{
(a) Masterlist of Filipino- migrant workers, and inventory of pending legal cases involving them and other Filipino nationals including those serving pris6n tlrms; (b) Working conditions of Filipino migrant workers;
rights;
(c) Problems encountered by the migrant workers, specifically violations of their
of Filipino migrant
(e) Changes
(d) Initiatives/actions taken by the Philippine foreigl posts to address the problems
workers; countries; and
in the laws and policies of host
. (f) Status of negotiations on bilateral labor agreements between the Philippines and the host country.
Aoy officer of the govemment who fails to report as stated in the preceding section shall be subject to administrative penalty.
_ SEC 34. Representation in Congress. - f;ursuant to Section 5(2), Article VI of the Constitution and in line with the objective of empowering overseas fi[pinos to participate in the policy-making Process to address Filiplno mig"rant .o.r""r.r", two (i) sectoral representatives for migrant workers in the House of Representatives shall be appointed !y tn" President from the ranks of migrant workers: Piovided, That at t"ast one 1t; of F" ryo {2) sectoral representatives shall come from the women migrant workers sector: Provided, further, That all nominees must have at least two (2) y"ears experience as a migrant worker.
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SEC. 35. Exemption from Travel Tax and Airport Fee. - All laws to the contrary notwithstanding, the migrant worker shall be exempt from the payment of travel tax and airport fee upon proper showing of proof of entitlement by the POEA.
SEC. 35. Non-increase of Fees; Abolition of Repatriation Bond. - Upon approval of this Act, all fees being charged by any govemment office on migrant workers shall remain
at their present levels and the repatriation bond shall be abolished.

SEC. 37. The Congressional Migrant Workers Scholarship Fund.
- There is hereby
created a Congressional Migrant Workers Scholarship Fund which shall benefit deserving migrant workers and/or their immediate descendants below twenty-one (21) years of
age who intend
to pursue courses or training primarily in the field of science and technology. The initial seed fund of Two hundred million pesos ( F200,000,000.00) shall
sources:
be constituted from the following
(a) Fifty million pesos Development Fund for 1995
( F 50,000,000.00) from the unexpended Countrywide in equal sharing by all Members of Congress; and
pesos (?*15Q000,000.00) shall be funded
(b) The remaining One hundred fifty million from the proceeds of Lotto draws.
The Congressional Migrant Workers Scholarship Fund as herein created shall be administered by the DOLE in coordination with the Department of Science and Technology (DOST). To carry out the objectives of this sectiory the DOLE and the DOST shall formulate the necessary rules and regulations.
SEC. 38. Appropriation and Other Sources of Funding. - The amount necessary to carry out the provisions of this Act shall be provided for in the General Appropriations
Act of the year following its enactment into law and thereafter.
SEC. 39. Migrant Workers Day. - The day of signing by the President of this Act shall be designated as the Migrant Workers Day and shall henceforth be commemorated as such annually.
SEC. 40. Implementing Rules and Regulations. - The departments and agencies charged with carrying out the provisions of this Act shall, within ninety (90) days after the effectivity of this Act, formulate the necessary rules and regulations for its effective implementation.
SEC. 41. Repealing Clause. -
or parts thereof
inconsistent modified accordingly.
All laws, decrees, executive orders, rules and regulations, with the provisions of this Act are hereby repealed or
SEC. 42. Separability Clause. - If, fot any reasory any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby" SEC. 43. Effectivity Clause. - This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in at least two (2) national newspapers of general circulation whichever comes earlier.
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INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES
United Nations
Preamble
The States Parties to the present Conaention Taking into account the principles embodied in the basic instruments of the United Nations concelTfng human rights, in particular the Universal Declaration of Human lisht", the Intemational covenant on Economic, social and Cultural Rights, ttre Intemational Covenant on Civil and Political Rights, the Intemational Convention on the Elimination of All Forms of Racial Dscriminatiory the Covenant on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of
the Child,
Taking into account also the principles and standards set forth in the relevant instruments elaborated within the framework of the Intemational Labour Organisatiory especially the Convention conceming Migrations for Employment (No. 9n, th. Convention concernihg Mrgrations in Abusive Conditions and the Promotion of Equality of opportunity and rreatment of Migrant workers (No. 143), the Recommendition conc-eming Migration for Employment (No. 85), the Recommendation concerning Migrant workers (No. 151), the Convention conceming Forced or Compulsory Laboui (No-. 29) and the Convention conceming Abolition of Forced Labour (No. 105),
Reffirming the importance of the principles contained in the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cu-ltural
Organizatiory
Recalling the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Declaration of the Fourth United Nations Congiess oi the Prevention of Crime and the Treatment of Offenders, the Code of ConductJor Law Enforcement Officials, and the Slavery Conventions,
in its
Constitutiory is_ the protection of the interests of workers when employed in countries other than *reir owry and bearing in rnind the expertise and explrience of that organization in matters related to migrant workers and members of their families,
Recalling that one of the objectives of the Intemational Labour Organisatiory as stated
of the worli done in connection with migrant workers members of their families in various organs of the United Nations, in particular in the Commission on Fluman Rights and the Commission for Social Development, and
and
Recognizing the importance
in the Food and Agriculture
Organization of the United Nations, the United Nations Educational, Scieniific and Cultural Organization and the World Health Organizatiory as well as in other intemational organizations,
Recognizing also lhe progress made by certain States on a regional or bilateral basis
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towards the protection of the rights of migrant workers and members of their families, as well as *re importance and usefulness of bilateral and multilateral agreements in this field,
Realizing the importance and extent of the migration phenr-.menon, which involves millions of people and affects a large number of States in the intemational community,
ol the impact of the flows of migrant workers on States and people concerned desiring to establish norms which may contribute to the harmonization of the attitudes of States through the acceptance of basic principles conceming the treatment of migrant workers and r,rembers of their families,
and
Aware
Considering the situation of vulnerability in which the migrant workers and members their families frequently find themseives owing, among other things, to their absence from their State of brigin and to the difficulties they may encounter arising from their
of
presence
in the State of
employment,
Conainceil that the rights of migrant workers and members of their families have not been sufficiently recognized everlrwhere and therefore require appropriate international protectiory
Taking into account the fact that migration is often the cause of serious problems for the members of the families of migrant workers as well as for the workers themselves, in particular because of the scattering of the family,
Bearing in mind that the human problems involved in migration are even more serious
in the
case of irregular migration and convinced therefore that appropriate action should
be encouraged
in
order to prevent and eliminate clandestine movements and trafficking
in migrant workers, while at the same time assuring the protection of their fundamental human rights,
Considering that workers who are non-documented or in an irregular situation are frequently employed under less favourable conditions of work than other workers and that certain employers find this an inducement to seek such labour in order to reap the benefits of unfair competitiory
Considering also that recourse to the employment of migrant workers who are in be discouraged if the fundamental human rights of all migrant workers are more widely recognized and, moreover, that granting certain additional rights to migrant workers and members of their families in a regular situation will encourage
an irregular situation will
all
established
migrants and employers to respect and comply with the laws and procedures by the States concemed,
Convinceil, therefore, of the need to bring about the intemational protection of the rights of all migrant workers and members of their families, reaffirming and establishing basic norms in a comprehensive convention which could be applied universallp
Hazte agreed
on
the following articles:
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Scope
153
and definitions
Article
to
such as sex/ race/ colour, language, religion or convictiory political or other opiniory national, ethnic or social origin, nationality, age, economic positiory property, marital status, birth or other stafus.
The present Convention is applicable, except as othenvise provided hereafter, 1 migrant all workers and members of their families without distinction of any kind
workers and members of their families, which comprises pieparatibn for migritiory departure, transit and the entire period of stay and iemuneratLd activity in tlie State of employment as well as retum to the State of origin or *re State of habiiual residence. Article
2
_2.
The Present Convention shall apply during the entire migration process of migrant
For the purposes of the present Convention:
1.
engaged, is engaged or in a. State of which he
The term "migrant worker" refers to a person who is to be has been engaged in a remunerated activity or she is not a national.
2. (a) The term "frontier worker" refers to a migrant worker who retains his or her habitual residence in a neighbouring state to which he or she normally retums every day or at least onie a week;
(b) The term "seasonal worker" refers to a migrant worker whose work by its character is dependent on seasonal conditions and is performed only during part of the year;
(c) The term "seafarer", which includes a fishermary refers to a migrant worker employed on board a vessel registered in a state of which he or she is not a national;
(d)
migrant worker employed
The term "worker on an offshore installation,, refers to
jurisdiction of a State of
an offshore installation that is under the which he or she is not a national;
on
(e) The term "itinerant worker" refers to a migrant worker who, having his or her habitual residehce in one State has to travel to another state or states for short periods, owing to the nature of his or her occupation;
employer;
(0 The term "project-tied worker,, refers to a migrant worker admitted to a state of employment for a defined period t6 work solely on a- specific project being carried out in that State by his or her
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(g)
worker:
The term "specified-employment worker" refers to a migrant
(i)
of time to a
Who has been sent by his or her employer for a restricted and defined period State of employment to undertake a specific assignment or duty; or
(ii) \afho enga8es for a restricted and defined period of time in work that requires professional, commercial, technical or other highly specialized skill; or
engages
Who, upon the request of his or her employer in the State of employment, for a restricted and defined period of time in work whose nature is transitory or brief; and who is required to depart from the State of employment either at the expiration of his or her authorized period of stap or earlier if he or she no longer undertakes that specific assignment or duty or engages in that work;
(iit
who is engaged in a remunerated activity otherwise than under a contract of employment and who eams his or her living through this activity normally working alone or together with members of his or her familp and to any other migrant worker recognized as selfemployed by applicable legislation of the State of employment or bilateral or multilateral agreements.
Article
3
(h)
The term "self-employed worker" refers to a migrant worker
The present Convention shall not apply to: (a) Persons sent or employed by intemational organizations and agencies or persons sent or employed by a State outside its territory to perform official functions, whose admission and status are regulated by general intemational law or by specific intemational agreements or conventions;
(b) Persons sent or employed by a State on its behalf outside its territory who participate in development programmes and other cooperation programmes, whose admission and status are regulated by agreement with the State of employment and who, in accordance with that agreement, are not considered migrant workers;
(c) Persons taking up residence in a State different from their State of origin as investors;
(d) Refugees and stateless persons, unless such application is in the relevant national legislation of, or international instrurnents in force for, the State Party concemedl
provided for
(") (0
Students and trainees;

Seafarers and workers
nclt been admitted to take up residence and engage in a remunerated activity in the State of employment.
on an offshore installation who have
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Article 4
For the Purposes of the present Convention the term "members of the family" refers to Persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage, as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned"
Article
families:
For the Purposes of the present Convention, migrant workers and members of their
(a) Are considered as documented or in a regular situation if they are arrthorized to enter, to stay and to engage in a remunerated activity in tlre State of employment pursuant to -th6 law of that State and to
intemational agreements to which that State is a party;
(b) Are considered as non-docurnented or in an irregular situation if they do not comply with the conditions provided for in subparagraph (a) of this article.
Article
6
For the purposes of the present Convention:
(a) The term "State of origin" means the State of which the person concerned is a national;
(b) The term "State of employment" means a State where the migrant worker is to be engaged, is engaged or has been engaged in a remunerated activitp as the case may be;
(c)
The term "State of transit" means any State through which
or frqtir the State of employment to the State of origin or the State of habitual residence.
the pgrson concemed passes on any joumey to the State of employment
PART II
N on-discrimination'"with respect
to rights
Article
in accordance with the intemational instruments concerning migrant workers and members of theii families within their territory or subject to their jurisdiction the rights provided for in
States Parties undertake,
luman rights, to resPect and to ensure to all
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the present Convention without distinction of any kind such as sex, race, colour, language religion or conviction, political or other opinion, national, ethnic or social
origin, nationality, age/ economic positiory property, marital status, birth-or other status. PART III Human rights of aII migrant workers anil members of their famities
Article
, 1. Migrant workers and members of their families shall be free to leave any State, including their State o{ oligin. This right shall not be subject to any restrictions except thoge thal are provided by law, are necessary to protect national security, pubiic order (ordre public), public health or morals or the rights and freedoms of bthers and are consistent with the other rights recognized in this part of the convention.
2.
to enter and remain in their State of origin.

Article
9
Migrant workers and members of their families shall have the right at any time
by law.
Article
right to life of migrant workers and members of their families shall be protected
'10
No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article
11
1. No migrant worker or member of his or her family shall be held in slavery or servitude.
2. No
forced
or
migrant worker or member of his or her family shall be required to perform compulsory labour.
3. Paragraph 2 of the present article shall be held to preclude in States where imprisonment with hard labour may be imposed as a punishment to a crime, the performance of hard labour in pursuance of a sentence to such punishment by a
competent court.
shall
4. For the purpose of the present article, not include:
the term "forced or compulsory labour,,
(a) Any work or service not referred to in paragraph 3 of this article normally required of a person who is under detention in consequence of a lawful order of a court or of a person during
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conditional release from such detention;
. (b) Any service exacted in cases of emergency threatening the life or well-being of the community;
or
calamity
-(c) Any work or service that forms part of normal civil obligations so far as it is imposed also on citizeni of the State .oncem"d.
Article
12
a religion or belief of their choice and freedom either individually or in community wiih others and ! public or private to manifest their religion or belief in worship, obseiuance, practice and teaching
- thought, conscience. and religion. of This right
1.
Migrant workers and members of their families shall have the right to freedom
shall include freedom to hive or to adopt
Migrant workers and members of their families shall not be subject to coercion - 2' that would impair their freedom to have or to adopt a religion or belief of their choice.
3. Freedom to manifest one's religion or belief may be subject only to such limitations are prescribed by law and are necessary to proiect pubiic safeiy, order, health or morals or the fundamental rights and freedoms of others.
as
with their own

Article
13
States Parties to the present Convention undertake to have respect for the liberty parents, at least one of whom is a migrant worker, and, when appticable, legil guardians to ensure the religious and moraf education of their children in .o1formiy
of
4.
convictions.
1" Migrant workers and members of their families shall have the right to hold opinions without interference. 2. Migrant workers and members of their families shall have the right to freedom .expressio";-.thi: right shall include'freedom to seek, receive and impirt information and ideas of all kinds, reardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of their choice.
of
3' The exercise of.the right,provided in paragraph 2 of the present article carries wi*r it special duties and responsibilities. It mai theifore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a)
For respect of the rights
oi
reputation of others;
!u) fq. the protection of rhe national security of the state concerned or of public order (ordre pubtic) or of public irealth or morals;
(c)
(d)
For the purpose of preventing any propaganda for war;

For the purpose of preventing any advocacy of national, racial
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or religious hatred that constitutes incitement to discriminatiory hostility
or
Article
14
violence"
No migrant worker or member of his or her family shall be subjected to arbitrary urrlawful interference with his or her privacy, family, home, correspondence or other communications/ or to unlawful attacks on his or her honour and reputation. Each migrant worker and member of his or her family shall have the right to the protection of the law against such interference or attacks..
or
Article
15
No migrant worker or member of his or her family shall be arbitrarily deprived of property, whether owned individually or in association with others. Where, under the legislation in force in the State of employment, the assets of a migrant worker or
a member of his or her family are expropriated in whole or in part, the person concemed
shall have the right to fair and adequate compensation. Article

16
1. Migrant workers and members of their families shall have the right to liberty and security of person.
2. Migrant workers and members of their families shall be entitled to effective protection by the State against violence, physical injury, threats and intimidatiory whether by public official or by private individuals/ groups or institutions"
or
3. Any verification by law enforcement officials of the identity of migrant workers members of their families shall be carried out in accordance with procedures
by law.
established
4. Migrant workers and members of their families shall not be subjected individually or collectively to arbitrary arrest or detention; they shall not be deprived of their liberty except on such grounds and in accordance with such procedures as are established by
law.
5. Migrant workers and members of their families who are arrested shall be informed
at the time of arrest as far as possible in a language they understand of the reasons for their arrest and they shall be promptly informed in a language they understand of any charges against them.
6. Migrant workers and members of their families who are arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time oi to release. It shall not be the general rule that while awaiting trial they shall be detained in custodp but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings and, shor.rld the occasion arise, for the execution of
the iudgement.
7. When
a migrant worker or a member of his or her family is arrested or committed
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to
prison or custody pending trial or is detained in any other manner:
(a) The consular or diplomatic authorities of his or her State of origin or of a State representing the interests of that State shall, if he or she so requests, be informed without delay of his or her arrest or detention and of the reasons therefor;
(b) The person concemed shall have the right to communicate with the said authorities. Any communication by the person concemed to the said authorities shall be forwarded without delay, and he or she shall also have the right to receive communications sent by the said
authorities without delay; (c) The person concemed shall be informed without delay of this right and of rights deriving from relevant treaties, if any, applicable between dre States concemed, to correspond and to meet with representative of the said authorities and to make arrangements with them for his or her legal representation.
by arrest or detention shall be entitled to take
8. Migrant workers and members of their families who are deprived of their liberty proceedings before a court, in order that that court may decide without delay on the lawfulness of their detention and order their release if the detention is not lawful. \,t/hen they attend such proceedings, they shall have the assistance, if necessary, without cost to them, of an interprete{ if they cannot understand or speak the language used.
arrest or detention shall have an

Article
'17
9. Migrant workers and members of their families who have been victims of
unlawful
enforceable right
to
compensation.
- _ 1. Migrant workers and members of their families who are deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity.
2. Accused migrant workers and members of their families shall, save in exceptional circumstances, be separated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
3. ,Any migrant worker or member of his or her family who is detained in a State of transit or in a State of employment for violation of provisions relating to migratiory shall be held, in so far as practicable, separately from convicted persons or persons detained pending trial.
4. Duling any period of imprisonment in pursuance of a sentence imposed by a court of law, the essential aim of the treatment of a migrant worker or a membei of his or her family shall be his or her reformation and social rehabilitation. juvenile
offenders shall be separated from adults and be accorded treatment appropriate to their
age and legal status.
5. During the detention or imprisonment, migrant workers and members of their
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families shall enjoy the same rights as nationals to visits by members of their families.
5. Whenever a migrant worker is deprived of his or her libertp the competent authorities of the State concemed shall pay attention to the problems that may be posed for members of his or her familp in particular for spouses and minor children.
7. Migrant workers and members of their families who are subjected to any form detention or imprisonment in accordance with the law in force in the State of employment or in the State of transit shall enjoy the same rights as nationals of those
of
States who are
in the same
situation.
8. If a migrant worker or a member of his or her family is detained for the purpose of verifying any infraction of provisions related to migratiory he or she shall not bear any costs arising therefrom.
Article
'],8
1. Migrant workers and members of their families shall have the right to equality with nationals of the State concemed before the courts and tribunals. In the determination of any criminal charge against them or of their rights and obligations in a suit of law, they shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. 2. Migrant workers and members of their families who are charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law.
3. In the determination of any criminal

members
of their families shall be entitled to the following minimum
charge against them, migrant workers and guarantees:
(u)
understand
To be informed promptly and in detail in a language they of the nature and cause of the charge against them;
(b) To have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing;
(c) To be tried without undue delay;

(d) To be tried in their presence and to defend themselves in person
or through legal assistance of their own choosin& to be informed, if they do not have legal assistance, of this right; and to have legal assistance assigned to them, in any case where the interests of justice so require and without payment by them in any such case if they do not have sufficient means to pay;
(e) To examine or have examined the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them;
understand
(f) To have the free assistance of an interpreter if they or speak the language used in cour!
cannot
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(g) Not to be compelled to testify against themselves or to confess , guilt.

4. In the case of juvenile persons, the procedure shall be such as will of their age and the desirabifity of promoting their rehabilitation. take account
- 5. Migrant workers and members of their families convicted of a crime shall have the_right to their conviction and sentence being reviewed by a higher tribunal u..oJlr.,g to law. 6 lÎhen 1 migrant worker or a member of his or her family has, by a final decisiory . been convicted of a criminal offence
and when subsequently his or her conviction has been reversed or he or she has been pardoned or, th" ground that a new or newly discovered fact shows conclusively that ihere has been a miscarriage of justice, the pers#
who has suffered punishment as a result of such conviction shall'be compelnsated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to that petson.
7. No-migrant worker or member of his or her family shail be liable to be tried or punished again for an offence for which he or she has alieady been finally convicted or acquitted in accordance with the law and penal procedures of the State concemed.
Article
19
worker or member of his o.r her family shall be held guilty of any . 1. T. -migrant criminal offence on account of any act or omission that did not constitute a criminal offence under national or intematibnal law at the time when the criminal offence was committed nor shall a heavier.penalty belmposed than the one that was applicable at the time when it was committed. Ii subsequent to the commission of the offence, provision is made by law for the imposition of a hghter penaltp he or she shall benefii
thereby.
2. Humanitarian considerations related to the status of a migrant worker, in particular
with
resPect to his or her right of residence or work, shoia be taken into account in imposing a sentence for a criminal offence committed by a migrant worker or a member of his or her family.
Article
20
J' No migrant worker or member of his or.her-family shall be imprisoned merely on the ground of failure to fulfill a contractual obligation.
2. worker or member of his or her family shall be derived of his or . \o migrant of her authorization residence or work perlnit or expelled merely on the ground of failure to fulfill an obligation arising out;f a work contract unles! fufill-"l.rt of thut
obligation constitutes a condition for such authorization or permit. Article

21
to
It shall be unlawful for anyone, other than a public official duly authori zed by law confiscate, destroy or attempt to deskoy identiiy documents, doiuments
authoiizing
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entry to or stay, residence or establishment in the national territory or work permits. No authorized confiscation of such documents shall take place without delivery of detailed receipt. In no case shall it be permitted to destroy the passport or equivalent document of a migrant worker or a member of his or her family. Article
22
1. Migrant workers and members of their families shall not be subiect to measures of collective expulsion. Each case of expulsion shall be exantined and decided individtually. 2. Migrant workers and members of their families may be expelled from the territory
State Party only accordance with law.
of
in pursuance of a decision taken by the competent authority in
Upon their request where not otherwise mandatory, the decision shall be communicated to them in writing and, save in exceptional circumstances on account of national security, the reasons for the decision likewise stated. The person concemed shall be inJormed of these rights before or at the latest at the time the decision is rendered.
3.
The decision shail be communicated to them in a language they understand.
4. Except where a final decision is pronounced by a judicial authority, the person concemed shall have the right to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority, unless compelling
reasons of national security require otherwise. Pending such review, the person concerned
shall have the right to seek a stay of

5.
the
declsion of expulsion.
lf a decision of expulsion that has already been executed is subsequently annulled, person concerned shall have the right to seek compensation according to law and the earlier decision shall not be used to prevent him or her frorn re-entering the State
the
concemed"
In case of expulsiory the person concerned shall have a reasonable oPPortunity before or after departure to settle any claims for wages and other entitlements due to him or her and any pending liabilities.
6.
a State other than his or her State of origin. 8. [n case of expulsion of a migrant worker or a mernber of his or her family
costs of expulsion
or
7. Without prejudice to the execution of a decision of expulsion, a migrant worker member of his or her family who is subject to such decision tuay seek entry into
the
shlll not be borne by him or her. The person concerned may be required to pay his or her own travel costs.
of
9. Expulsion from the State of employment shall not in itself preiudice any rights migrant worker or a member of his or her family acquired in accordance with the law Jf thut State, including the right to receive wages and other entitlements due
to him or
her.
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Article 2i
Migrant workers and members of their families shall have the right to have recourse to the protection and assistance of the consular or diplomatic authorities of their State of origin -or of a State representing the interests of that State whenever the rights recognized in the present Convention are impaired. In particular, in case of expulsiory the person concemed shall be informed of the right without delay and the authorities of the expelling State shall facilitate in the exercise of such right"
Article
24
to
Every migrant worker and every member of his or her family shall have the right recognition everywhere as a person before the law.
25
Article
to nationals of the State of employment in respect of remuneration
1. Migrant workers shall enjoy treatment not less favourable than that which applies
and:
(a) other conditions of work, that is to say, overtime, hours of work, weekly rest, holidays with pay, safety/ health, termination of the employment relationship and any other conditions of work whic[ according to national law and practice, are covered by this term; (b) other terms of employment, that is to say, minimum age of employment, restriction on home work and any other matters whictr, according to national law and practice, are considered a term of
employment.
2.
It
principle of equality of treatment referred to in paragraph 1 of ttre present article.

are
shall not be lawful to derogate in private contracts of employment from the
deprived of any rights derived from this principle by reason of any irregularity in their stay or en'rployment. In particular, ernployers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reas-on of any such imegularity.
rrot
3. States Irarties shall take all appropriate measures to ensure that migrant workers
Article
26,
1. States Parties recognize the right of migrant workers and members of their families:
(a) To take part in meetings and activities of trade unions and of any other associations established in accordance with law, with a view to protecting their economic, social, cultural and other interests, subject only to the rules of the organization concerned;
(b) To join freely any trade unions and any such association aforesaid, subject only to the rules of the organization concerned;
as
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(c) To seek the aid and assistance of any trade union and of any such association as aforesaid.
2. No restriction may be placed on the exercise of these rights other than those that are prescribed by law and which are necessary in a democratic society in the interests of national security, public order (ardre public) or the protection of the rights and freedoms
of
others.
Article
27
1. With respect to social security, migrant workers and members of their families shall enjoy in the State of employment the same treatment granted to nationals in so far as they fulfill requirements provided for by the applicable leg;islation of that State and the applicable bilateral and multilateral treaties. The competent authorities of the State of origin and the State of employment can at any time establish the necessary arrangements to determine the modalities of application of this norm. 2. Where the applicable legislation does not allow migrant workers and members of their families a benefit, the States concerned shall examine the possibility of reimbursing interested persons the amount of contributions made by them with respect to that benefit on the basis of the treatment granted to nationals who are in similar circumstances.
Article
28
Migrant workers and members of their families shall have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals of the State concemed. Such emergency medical care shall not be refused to them by reason of any irregularity with regard to stay or employment. Article
29
Each child of a migrant worker shall have the right to a name/ to registration of birth and to a nationality.
Article
30
Each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concemed. Access to public pre-school educational institutions or schools shall not be refused or limited by reason of the irregular situation with respect to stay or employment of either parent or by reason of the irregularity of the child's stay in the State of employment.
Article
3'1
1. States Parties shall ensure respect for the cultural identity of migrant workers and members of their families and shall not prevent them from maintaining their cultural links with *reir State of origin.
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this respect. Article
2. States Parties may take appropriate measures to assist and encourage efforts in
32
, Upon the termination of their stay in the State of employment, migrant workers and members of their families shall have the right to transfei their eamin{s and savings and, in accordance with the applicable legislation of the States concerned,"their personil
effects
and
belongings.
Article
33
Migrant workers and members of their families shall have the right to be informed ,1. - tn" State of origin, the State of employment or the State of transit as the case may !l be conceming:
(u)
Their rights arising out of the present Convention;
will enable in that State.

as
(b) The conditions of their admissiory their rights and obligations under the law and practice of the State concerned and such other matters
them to comply with administrative or other formalities
said information or to ensure that it is provided by employeis, trade unions or other appropriate bodies or institutions. As appropriate, they shall co-operate with other
States concerned,
States Parties shall take
all measures they deem appropriate to disseminate the
3. Such adequate information shall be provided upon request to migrant workers and members of their families, free of charge, and, as far as possible, in a language they are able to understand. Article
34
Nothing in this Part of the present Convention shall have the effect of relieving migrant workers and members of their families from either the obligation to compl! la.ws and regulations oj any State of transit and the State oi employment'o'r Yirh.,L" the obiigation to resPect the cultural identity of the inhabitants of such Staies. Article
35
Nothing in this Part of the present Convention shall be interpreted as implying the regularization of the situation of migrant workers and members of their fu*lti"r"*no are non-documented o1 in an irregular situation or any right to such regularization of their situation, nor shall it prejudice the measures intended 6 sounjand equitable ".rr.rr" conditions for international migration as provided in part VI.
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th
r i 8t
t,s
!,,*'#:r,x:::' :: :: ::;:!il":!,Lei
f am iI
i es
Article
36
"'
Migrant workers and members of their families who are documented or in a regular situation in the State of employment shall enjoy the rights set forth in this Part of the present Convention in addition to those set forth in Part III.
Article
37
Before their departure, or at the latest time of their admission to the State of employment, migrant workers and members of their families shall have the right to be fully informed by the State of origin or the State of employment, as appropriate, of all conditions applicable to their admission and particularly those conceming their stay and the remunerated activities in which they may engage as well as of the requirements they must satisfy in the State of employment and the authority to which they must address themselves for any modification of those conditions.
Article
38
1. States of employment shall make every effort to authorize migrant workers and members of their families to be temporarily absent without effect upon their authorization to stay or to work, as the case may be. In doing so, States of employment shall take into account the special needs and obligations of migrant workers and members of their families, in particular in their States of origin.
2. Migrant workers and members of their families shall have the right to be fully informed of the terms on which such temporary absences are authorized.
Article
39
of
1. Migrant workers and members of their families shall have the right to liberty movement in the territory of the State of employment and freedom to choose their
residence there.
2. The rights mentioned in paragraph 1 of this article shall not be subject to any restriction except those that are provided by law, are necessary to protect national security, public order (ordre pftlic), public health or morals, or the rights and freedoms of others and are consistent with the other rights recognized in the preseni Convention.
Article 40
1. Migrant workers and members of their families shall have the right to form
associations and trade unions in the State of employment for the promotion and protection of their economic, social, cultural and other interests.
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2. No restrictions may be placed on the exercise of this right other than those that are prescribed by law and are necessary in a democratic society in the interests of national security, public order (ordre public) or the protection of the rights and freedoms of others.
Article
41
in public affairs of their State of origin and to vote and to be elected at electioni of that State, in accordance with its legislation.
2. The States concemed shall, as appropriate and in accordance
1. Migrant workers and members of their families shall have the right to participate
facilitate the exercise
of
with their legislatiory
these rights.
Article
42
which account may be takery both in states of origin and in states of employment, of special needs, aspirations and obligations of migrant workers and members of their families and shall envisage, as appropriate, the possibility for migrant workers and members of their families to have their freely chosen representatives in those institutions.
1. States Parties shall consider the establishment of procedures or institutions tfuough
2. States of employment shall facilitate, in accordance with their national legislatior; the consultation or participation of migrant workers and members of their families in decisions concerning the life and administration of locai communities.
State,
3. Migrant workers may enjoy political rights in the State of employment in the exercise of its sovereignty, grants them such rights.
43
if
that
Article
1. Migrant workers shall enjoy equality
employment
in
of treatment with nationals of the State of
relation to:
(a) Access to educational institutions and services subject to the admission requirements and other regulations of the institutions and
services concemed;
(b) Access to vocational guidance and placement services;
(c) Access institutions;
to
vocational training and retraining facilities and
(d) Access to housing, including social housing schemes and protection against exploitation in respect of rents;
ments for participation
(e) Access to social and health services, provided that the requirein the respective schemes are meq
(f) Access to co-operatives and self-managed enterprises, which
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shall not imply a change of their migration status and shall be subject to the rules and regulations of the bodies concemed;
(g) Access to and participation in cultural life. 2. States Parties shall promote conditions to ensure effective equality of treatment to enable migrant workers to enjoy thq rights mentioned in paragraph 1 of this article whenever the terms of their stay, as authorized by the State of employment, meet the
appropriate requirements.
3. States of employment shall not prevent an employer of migrant workers from

establishing housing or social or cultural facilities for them. Subject to article 70 of the Present Conventiory a State of employment may make the establishment of such facilities subject to the requirements generally applied in that State conceming their installation.
Article unit
44
1. States Parties, recognizing that the family is the natural and fundamental group of society and is entitled to protection by society and the State, shall take appropriate measures to ensure the protection of the unity- of the families of migrant workers. 2. States Parties shall take measures that they deem appropriate and that fall within their competence to facilitate the reunification of migrant workers with their spouses or persons who have with the migrant worker a relationship that, according to applicable law, produces effects equivalent to marriage, as well as with their minor dependent unmarried children.
3. States of employment, on humanitarian grounds, shall favourably consider granting equal treatment, as set forth in paragraph 2 of this article, to other family
members
of migrant
workers.
Article
45
enjoy equality of treatment with nationals of that State in relation to:
1. Members of the families of migrant workers shall, in the State of employment, (a) Access to educational institutions and services subject to the admission requirements and other regulations of the institutions and
services concemed;
(b) Access to vocational guidance and training institutions and services, provided that requirement for participation are met;
(c) Access to social and health services, provided that the requirements for participation in the respective schemes are met;
(d) Access to and participation in cultural life.

2. States of employment shall pursue a policy, where appropriate in collaboration with the States of origiry aimed at facilitating the integration of children of migrant
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workers
language.
in the local
school system, particularly
in
respect
of teaching them the local
3. States of employment shall endeavour to facilitate for the children of migrant workers *::S.g of their mother tongue and culture and, in this regard, statEs of t: collaborate origin shall whenever appropiiate.
4' States of employment may provide special schemes of education in the mother tongue of children of migrant workers, if neiessary, in collaboration with the States of origin.
Article 46
as well as relevant intemationll agreements and the obligations of the States concemed arising out of their participation In customs uniory enjoy exemption from impo.rt and exporiduties and taxes in'respect of their p"rror,ui and household effects as well as the equipment necessary to engage in the remr]nerated activity for which they were admitted to the state of 'emplJyrfient,
Migrant workers and members of their families shall, subject to the applicable legislation of the States concemed,
residence;
(a) upon departure from the state of origin or state of habirual

(b) Upon initial admission to the State of employmen! (c) Upon final departure from the State of employment;
residence.
(d) upon final retum to the state of origin or state of habitual
Article 47
1' Migrant workers shall have the right to transfer their eamings and savings, in particular those funds necessary for the iupport of their families, Trom the Sta"te of employment to their State of oiigin or ur,yôth", State. Such transfers shall be made in conformity with procedures established by applicable legislation of the State concemed and in conformity with applicable intemaiiorrut ug.""*"".rt .
2' States concemed shall take appropriate measures to facilitate such
Article 48
transfers.
1' Witho-ut prejudice to applicable aollle taxing agreements, migrant workers and members of their families shall, in the matter of eairl-rigs in the Staie of employment:
stances;
or more onerous than those imposed on nationali in similar circum(b) Be entitled to deductions or exemptions from taxes or any
(a) Not be liable to taxes, duties or charges of any description higher
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description and to any tax allowances applicable to nationals in similar circumstances, including tax allowances for dependent members of their
families.
taxation
2. States Parties shall endeavour to adopt appropriate measures to avoid double of the earnings and savings of migrant workers and members of their families.
Article 49
in employment are required employment shall issue to migrant workers authorization of residence for at least the same period of time as their authorization
1. Where separate authorizations to reside and to engage
by national legislation, the
States
of
to engage in remunerated activity.

2. Migrant workers who in the State of employment are allowed freely to choose their remunerated activity shall neither be regarded as in an irregular situation nor shall they lose their authorization of residence by the mere fact of the termination of their remunerated activity prior to the expiration of their work permits or similar authorizations.
3. In order to allow migrant workers referred to in paragraph 2 of this article sufficient
time to find alternative remunerated activities, the authorization of residence shall not be withdrawn at least for a period corresponding to that during which they may be entitled to unemployment benefits. Article
50
1. In the case of death of a migrant worker or dissolution of marriage, the State

of employment shall favourably consider granting family members of that migrant worker residing in that State on the basis of family reunion an authorization to stay; the State of employment shall take into account the Iength of time they have already resided in
that
State.
2. Members of the family to whom such authorization is not granted shall be allowed before departure a reasonable period of time in order to enable them to settle their affairs in the State of employment.
3. The provisions of paragraphs 1 and 2 of this article may not be interpreted as adversely affecting any right to stay and work otherwise granted to such family members by the legislation of the State of employment or by bilateral and multilateral treaties applicable to that State.
Article
51
Migrant workers who in the State of employment are not permitted freely to choose their remunerated activity shall neither be regarded as in an irregular situation nor shall they lose their authorization of residence by the mere fact of the termination of their remunerated activity prior to the expiration of their work permit excePt where the authorization of residence is expressly dependent upon the specific remunerated activity
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for which they were admitted. Such migrant workers shall have the right to
alternative employment, participation in public work schemes and retraining during the remaining period of their authorization to work, subject to such conditions and limitahons as are specified in the authorization to work.
Article
52
- 1. Migrant workers in the State of employment shall have the right freely to choose their remunerated activitp subject to the following restrictions or conditions. 2.
For any migrant worker a State of employment may:
(a) Restrict access to limited categories of employment, functions, services or activities where this is necessary in the interests of this State
and provided for by national legislation;
(b) Restrict free choice of remunerated activity in accordance with conceming recognition of occupational qualifications acquired outside its territory" However, states Parties concemed shall endeavour to provide for recognition of such qualifications.
its legislation
3. For migrant workers whose permission to work is limited employment may also:
in time, a State of
to the condition that the migrant worker has resided lawfully in ia territory for the purpose of remunerated activity for a period of time presc{bed in its national legislation that should not exceed two years; (b) Limit
access
(a) Make the right freely to choose their remunerated activities subject
pursuance of a policy of granting priority to its nationals or to persons who are assimilated to them for these purposes by virtue of legislation or bilateral or multilateral agreements. Any such limitation shill cease to apply to a migrant worker who has resided lawfully in its territory for the purpose of remunerated activity for a period of time prescribed in its national legislation that should not exceed five years.
by a migrant worker to remunerated activities in
on his or her own account. Account shall be taken of ihe period during wruirine worker has already been lawfully in the State of employment.
who has been admitted to take up employment may be authorized to engige in work
a.. StaJeg
of employment shall prescribe the conditions under which a migrant worker
Article
53
shail be permitted freely to choose their remunerated activity under the same conditions as are applicable to the said migrant worker in accordance with article 52 of the present Convention.
1. Members of a migrant worker's family who have themselves an authorization of residence or admission that is without limit of time or is automatically renewable
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2. With respect to members of a migrant worker's family who are not permitted freely to choose their remunerated activity, States Parties shall consider favourably granting them priority in obtaining permission to engage in a remunerated activity over other workers who seek admission to the State of employment, subject to applicable bilateral and multilateral agreements. Article
54
1. Without prejudice to the terms of their authorization of residence or their permission to work and the rights provided for in articles 25 and 27 of the present Conventiory migrant workers shall enjoy equality of treatment with nationals of the State of employment in respect of:
(a) Protection against dismissal;
(b) Unemployment benefits;

(c) Access to altemative employment in the event of loss of work or termination of other remunerated activitp subject to article 52 of the
present Convention.
2. If a migrant worker claims that the terms of his or her work contract have been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State of employment, on terms provided for, in article 18, paragraph 1, of the present Convention.
Article
55
Migrant workers who have been granted permission to engage in a remunerated activity, subject to the conditions attached to such permission, shall be entitled to equality of treatment with nationals of the State of employment in the exercise of that remunerated
activity.
Article
55
1. Migrant workers and members of their families referred to in this Part of the present Convention may not be expelled,from a State of employment, except for teasons defined in the national legislation of that State, and subject to the safeguards established
in Part III.
or
a member of his or her family and the work permit.
2. Expulsion shall not be resofted to for the purpose of depriving a migrant worker of the rights arising out of the authorization of residence
3. In considering whether to expel a migrant worker or a member of his or her family, account should be taken of humanitarian considerations and of the length of time that the person concemed has already resided in the State of employment.
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173
PART V
Proaisions applicable to particular categories of migrant workers anil members of their families
Article
57
The particular categories of migrant workers present and members of their families specified T g_rit part _of the present Convention who are documented or in a regular situation shall enjoy the rights set forth in Part III and, except as modified belowl the rights set forth in Part fV.
Article
58
1' Frontier workers, as defined in article 2, paragraph2(a), of the present Conventiory shall be entitled to the rights provided for in Pari IV that can be ipplied to them by reason of their Presence and work in the territory of the Sate of employment, t"kita into account that they do not have their habliual residence in that state.
. .2. States of employment shall consider favourably granting frontier workers the right freely to choose their remunerated activity after a specified pJriod of time. The granting of that right shall not affect their status as froniier woriers.
Article
59
1. seasonal workers, as defined in article 2, paragraph 2(b), of the present Conventiory shall be entitled to the rights provided for in Pait W that can be ipplied a F"-* by reason of their presence and work in the territory of the State of employment and that are with their status in that State as s-easonal workers, ta'klng lnto -compatible account the fact that they are present in that state for only part of the year. 2. The State of employment shall, subject to paragraph 1 of this article, consider granting seasonal workers who have been employed in its teiritory for a significant period of time the possibility-of tak-rng-up other remunerated activities ind givin-g them priority over other workers who seek admission to that States, subject to app-licable bilateial ani
multilateral agreements. Article
60
Itinerant workers, as defined in article 2, paragraph 2(e), of the present Convention, shall be entitled to the rights provided for in Pait w *rat can be granted to them by reason of their Presence and work in the territory of the State of erirployment and that are compatible with their status as itinerant workers in that state.
Article
61
, 1. Project-tied workers, as defined in article 2, paragraph 2(f), of the present Conventiory and members of their families shall be entitledto-the rights provided for
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in Part IV except the provisions of article 43, paragraphs 1(b) and (c), article 43, paragraph 1(b), and articles 52 to 55. 2.
been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State which has jurisdiction over that employer, on terms provided for in article 1$ paragraph 1, of the present Convention. 3. Subject to bilateral or multilateral agreements in force for them, the States Parties concemed shall endeavour to enable project-tied workers to remain adequately protected by the social security systems of their States of origin or habitual residence during their engagement in the project. States parties concemed shall take appropriate measures with
It a project-tied worker claims that the terms of his or her work
contract have
the aim of avoiding any denial of rights or duplication of payments
in this respect.
4. Without prejudice to the provisions of attrcle 47 of the present Convention and to relevant bilateral or multilateral agreements, State Parties concemed shall permit payment of the eamings of project-tied workers in their State of origin or habitual
residence.
Article
62
1. Specified-employment workers as defined in article 2, paragtaph 2(g), of the

present Conventiory shall be entitled to the rights provided for in Part IV, except the provisions of article 43, paragraph 1(b) and (c), article 43, pangraph 1(d), as it pertains to social housing schemes, article 52, and article 54, paragraph 1(d).
Members of the families of specified-employment workers shall be entitled to the right relating to family members of migrant workers provided for in Part IV of the present Conventiory except the provisions of article 53.
Article
63
1. Self-employed workers, as defined in article 2, paragraph 2(h), of the present Conventiory shall be entitled to the rights provided for in Part IV with the exception of those rights which are exclusively applicable to workers having a contract of
employment.
2. Without prejudice to articles 52 and 79 of the present Conventiory the termination self-employed workers shall not in itself imply the withdrawal of the authorization for them or for the members of their families to stay or to engage in a remunerated activity in the State of empioyment except where the authorization of residence is expressly dependent upon the specific remunerated activity
of the economic activity of the
for which they were admitted.
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t7s
Promotion of sound, equitable, humane and lauful conditions in connection with international migration of workers anil members of their families
Article
64
1. Without prejudice to article 79 of the present Conventiory the States Parties concemed shall as appropriate consult and co-operate with a view to promoting sound, equitable and humane conditions in connection with intemational migration of workers and members of their families.
2. In this respect, due regard shall be paid not only to labour needs and resources, but also to the social, economic, cultural and other needs of migrant workers and members of their families involved, as well as to the consequences -of such migration for the communities concemed.
Article
65
intemational migrant workers and members include, inter alia:

migration;
1. States Parties shall maintain appropriate services to deal
of their
with questions conceming families. Their functions shal-l
(a) The formulation and implementation of policies regarding such
(b) An exchange of inJormation, consultation and co-operation with the competent authorities of other States Parties involved in such
migration;
- (c) The provision of appropriate informatiorL particularly to employers, workers and their organizations on policies, laws and regulations relating to migration and employment, on agreements concluded with other states conceming migration and on other relevant matters;
authorizations and formalities and arrangements for departure, iravel, arrival, stay/ remunerated activities, exit and retum, ls well as on conditions of work and life in the state of employment and on customs/ currency, tax and other relevant laws and regulations.
(d) The provision of information and appropriate assistance to migrant workers and members of their families regarding requisite
2. States Parties shall facilitate as appropriate the provision of adequate consular and other services that are necessary to meel the sociat and culfural an-d other needs of migrant workers and members of their families.
Article
66
a
1. Subject to paragraph 2 of this article, the right to undertake operations with
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view to the recruitment of workers for employment in another State shall be restricted
to:
(a) Public services or bodies of the State in which such operations take place;
(b) Public services or bodies of the State of employment on the basis of agreement between the States concemedl
(c)
A body established by virtue of a bilateral or
multi-lateral
aSreement.
2. Subject to any authorization, approval and supervision by the public authorities States Parties concemed as may be established pursuant to the legislation and practice of those States, agencies, prospective employers or persons acting on their behalf may also be permitted to undertake the said operations.
of the
Article
67
1. States Parties concemed shall co-operate as appropriate in the adoption of measures regarding the orderly retum of migrant workers and members of their families to the State of origin when they decide to return or their authorization of residence or employment expires or when they are in the State of employment in an irregular situation.
2. Conceming migrant workers and members of their families in a regular situation, States Parties concemed shall co-operate as appropriate, on terms agreed upon by those States, with a view to promoting adequate economic conditions for their resettlement
and to facilitating their durable social and cultural reintegration in the State of origin. Article
68
1. States Parties, including States of transit, shall collaborate
with
a view to preventing
and eliminating illegal or clandestine movements and employment of migrant workers in an irregular situation. The measures to be taken to this end within the jurisdiction of each State concemed shall include:
(a) Appropriate measures against the dissemination of misleading
information relating to emigration and immigration; (b) Measures to detect and eradicate illegal or clandestine movements of migrant workers and members of their families and to impose effective sanctions on persons/ groups or entities which organize, operate or assist in organizing or operating such movements;
(c) Measures to impose effective sanctions on persons, groups or entities which use violence, threats or intimidation against migrant workers or members of their families in an irregular situation.
2. States of employnhent shall take all adequate and effective measures to eliminate employment in their territory of migrant workers in an irregular situatiory including, whenever appropriate, sanctions on employers of such workers. The rights of migrant workers ais-a-ois their employer arising from employment shall not be impaired by these
measures.
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Article
within their territory in an irregular situatiory take appropriate measures to ensure that such a situation does not persist.
2. Whenever States Parties concemed consider the possibility of regularizing the situation of such person in accordance with applicable national legislation and bilateral or multilateral agreements, appropriate account shall be taken of the circumstances of their entry, the duration of their stay in ttre States of employment and other relevant considerations, in particular those relating to their family situation. Article
70
1. States Parties shall, when there are migrant workers and members of their families
to ensure that working and living conditions of migrant workers and members of their families in a regular situation are in keeping with the standards of fitness, safety, health and principles of human digrrity. Article
States Parties shall take measures not less favourable than those applied to nationals
7L
1. States Parties shall facilitate, whenever necessary, the repatriation to the State of origin of the bodies of deceased migrant workers or membeis of their families.
2. As regards compensation matters relating to the death of a migrant worker or member of his or her familp States Parties shall, as appropriate, provide assistance to the persons concerned with a view to the prompt settlement of such matters. Settlement of these matters shali be carried out on the basis of applicable national law in accordance with the provisions of the present Convention and any relevant bilateral or multilateral
agreements.
PART VII
AVplication of the Con<tention
Article
72
7. (a) For the Purpose of reviewing the application of the present Conventiorg there shall be established a Committee on the Pr-otection of the Rights of All Migrant Workers and Members of Their Families (hereinafter referred to aJ "the Committee");
(b) The Committee shall consist, at the time of entry into force of the present Conventiory of ten and, after the entry into force of the Convention for the foity-first State Party, of fourteen experts of high moral standing, impartiality and recognized
competence
in the field
covered
by the present Convention.
from a list of persons nominated by the States Parties, due consideration being given to equitable geographical distributiory including both Sates of origin and States of
2. (a) Members of the Committee shall be elected by secret ballot by the States Parties
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employment, and to the representation of the principal legal systems. Each State Party may nominate one person from among its own nationals;
(b) Members shall be elected and shall serve in their personal capacity.
3. The initial election shall be held no later than six months after the date of entry into force of the present Convention and subsequent elections every second year. At least four months before the date of each electiory the Secretary-General of the United
Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and
it to the State Parties not later than one month before the date of corresponding electiory together with the curricula vitae of the persons thus nominated.
shall submit
4. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting. 5. (a) The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first electiory the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties;
(b) The election of the four additional members of the Committee shall be held in
with the provisions of paragraphs 2, 3 and 4 of the present article, following State Party. The term of two of the additional members elected on this occasion shall expire at the end of two years; the names of these members shall be chosen by lot by the Chairman of the meeting of States Parties.
accordance
the
entry into force of the Convention for the forty-first
(c) The members of the Committee shall be eligible for re-election
if
renominated.
5. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee. 7. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.
8. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide. 9. The members of the Committee shall be entitled to the facilities, privileges and
immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
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Article
1. States Parties undertake to submit to the Secretary-General of the United Nations for consideration by the Commitiee a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present
Convention:
for the State Party concemed;
(a) Within one year after the entry into force of the Convention
(b)
requests.
Thereafter every five years and whenever the Committee so
2. Reports prepared under the p(esent article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention and shall include information on the characteristics of migration flows in which the State Party concemed
is involved.
the
3. The Committee shall decide any further guidelines applicable to the content of
reports.
4. States Parties shall make their reports widely available to the public in their own countries.
Article
74
1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to *re State Party concemed. This^state.Party may submit to the Committee observations on utty .o^rn"nt made by the Committee in accordance with this article. The Committee may request supplementary information from States Parties when considering these reports. 2.-The Secretary-General of the United Nations shall, in due time before the opening - each of regular session of the Committee, transrnit to the Drector-General of thd Inter*national Labour Office copies of the reports submitted by States Parties concerned and information relevant to the consideration of these reports/ in order to enable the Office to assist the Committee with the expertise the Office may provide regarding those matters dealt with !y_ 9" Present Convention that fall within the sphere Jf com*petence of the Intemational Labour Organisation. The Committee shall in its deliberations such comments and materiais as the Office may provide. "onsidu.
- 1. ft" Secretary-General of the United Nations may also, after consultation with the Committee, transmit to other specialized agencies ai well as to intergovemmental organizations, copies of such parts of these reports as may fall within their-competence.
4. The Committee may invite the specialized agencies and organs of the United Nations, as well as intergovemmental organizations and other cincerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the Convention as fall within the scope of their activities.
5. The krtemational Labour Office shall be invited by *re Committee to appoint
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representatives to participate, in a consultative capacity, in the meetings of the Committee.

6. The Committee may invite representatives of other specialized agencies and organs
of the United Nations, as well as of intergovemmental organizations, to be present and to be heard in its meetings ulhenever matters falling within their field of competence
are considered. 7. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Conventiory containing its own considerations and recommendations, based in particular, on the exhmination of the reports and any observations presented by States Parties.
8. The Secretary-General of fie United Nations shall transmit the annual reports of the Committee to the States Parties to the present Conventiory the Economic and Social Council, the Commission on Human Rights of the United Nations, the Director-General of the Intemational Labour Office and other relevant organizations.
Artide
75
1. The Committee shall adopt its own rules or procedure. 2. The Committee shall elect its officers for a term of two years.
3. The Committee shall normally meet annually.
4. The meetings of the Committee shall normally be held at United

Headquarters.
Nations
Article
76
State Party to the present Converrtion may at any time declare under this it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Convention. Communications under this article may be received and considered only if submitted by a State Party that has made a declaration recognizing in regard to itself the competence of the Committee. No Communication shall be received by the Committee if it concems a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:
1. A
article that
(a) If a State Party to the present Convention considers that another State Party is not fulfilling its obligations under the present Conventiory
it
may, by written communication, bring the matter to the attention of that State Party. The State Party may also inform the Committee of the matter. Within three months after the receipt of the communication the receiving State shall afford the State that sent the communication an explanatiory or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies takery pending or available in the matter;
(b) If the matter is not adjusted
to the satisfaction of both
States
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Parties concemed within six months after the receipt by the receiving State of the initial communicatiory either State shall have the right to refer the matter to the Committee, by notice given to the Committee
and to the other
State;
(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of intemational law. This shall not be the qule where, in the view of the CommiHee, the application of the remedies is unreasonably prolonged;
(d) Subject to the provisions of subparagraph (c) of this paragraptr, the Committee shall make available its good offices to the States Parties concemed with a view to a friendly solution of the matter on the basis of the respect for the obligations set forth in the present Convention;
(e) The Committee shall hold closed meetings when examining communications under this article;
(f) In any matter referred to it in accordance with sub-paragraph (b) of this paragrapb the Committee may call upon the States Parties concemed, refened to in sub-paragraph (b), to supply any relevant information;
(g) The States Parties concemed, referred to in sub-paragraph (b) of this paragraptU shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally
and/or in writing,l
(h) The Committee shail, within twelve months after the date of receipt of notice under subparagraph (b) of the present paragraph, submit a report/ as follows:
(i) If a solution within the terms of subparagraph (d) of this paragraph is reached, the Committee shall confine its report to a brief statement of the facts and of the solution
reached;
(ii) If a solution within the terms of subparagraph (d) is not reached, the Committee shall, in its report, set forth the
relevant facts conceming the issue between the States parties concemed. The written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. The Committee may also communicate only g the States Parties concemed any views that it may consider relevant to the issue between them.
lrr every matter, the report shall be communicated to the States Parties concemed.
2. The provisions of this article shall come into force when ten States Parties to the present Convention have made a declaration under paragraph 1 of this article. Such
782
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declaration shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to *re other States Parties. A declaration may be withdrawn at any time by the notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter that is the subject of a communication already transmitted under this article; nd further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been receive{ by the Secretary-General, unless the State Party concemed has made a new declaiation.
Article
1.
77
A State Party to the present Convention may at any time declare under this article recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim that their individual rights as established by the present Convention have been violated by that State Party. No communication shall be received by the Committee if it concerns a State Party that has not made such a declaration.
that
it
which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of the present
Convention. 3. The Committee shall not consider any communications from an individual under
(a) The same matter has not beery and is not being examined under
2. The Committee shall consider inadmissible any communication under this article
this article unless it has ascertained that:
another procedure of intemational investigation or settlement; (b) The individual has exhausted all available domestic remedies; this shall not be the rule where, in the view of the Committee, the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to that individual.
4. Subject to the provisions of paragraph 2 of this article, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to the present Convention that has made a declaration under paragraph 1 and is alleged to be violating any provisions of the present Convention. Within six months, the receiving
to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.
State shall submit
5. The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concemed.
5. The Committee shall hold closed meetings when examining communications under
the present article.
7.The Committee shall forward its views to the State Party concemed and to the
individual.
8. The provisions of this article shall come into force when ten States Parties to
184
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any of the rights and freedoms as set forth in the present Convention. Article
82
The rights of migrant workers and members of their families provided for in the present Convention may not be renounced. It shall not be permissible to exert any form of pressure upon migrant wogkers and members of their families with a view to their relinquishing or foregoing any of the said rights. It shall not be possible to derogate by contract from rights recognized in the present Convention. States Parties shall take appropriate measures to ensure that these principles are respected.
Article
83
Each State Farty
to the present Convention
undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any persons seeking such a remedy shall have his or her claim reviewed and decided by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such
remedies when granted.
Article
84
Each State Party undertakes to adopt the legislative and other measures that are necessary to implement the provisions of the present Convention.
PART IX Final proaisions
Article
85
The Secretary-General of the United Nations is designated as the depositary of the present Convention.
Article
86
1. The present Convention shall be open for signature by all States.
It is subject
to ratification.
2. The present Convention shall be oPen to accession by any
State.
3. Instruments of ratification or accession shall be deposited with the Secretary-
185
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2. Amendments shall come into force when they have been approved by the General Assembiy of the United Nations and accepted by a two-thirds majority of the States Parties in accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties have accepted them, other States Parties still being bound by the provisions of the present Convention and any'earlier amendment that they have accepted.
that
Article
9'l
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of signature, ratification or accession. 2.
A reservation incompatible with the object and purpose of the present Convention
shall not be permitted.

3. Reservations may be withdrawn at any time by notification to this effect addressed
to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received. Article
92
1. Any dispute between two or more States Parties concerning the interpretation application of the present Convention that is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitratiory any one of those Parties may refer the dispute to the Intemational Court
or
of Justice by request in conformity with the Statute of the Court.

Convention
2. Each State Party may at the time of signature or ratification of the present or accession thereto declare that it does not consider itself bound by
paragraph 1 of this article. The other States Parties shall not be bound by that paragraph with respect to any State Party that has made such a declaration.
3. Any State.Party that has made a declaration in accordance with paragraph 2 of this article may at any time withdraw that declaration by notification to the SecretaryGeneral of the United Nations.
Article
93
1. The present Convbntiory of which the Arabic, Chinese, English, Frenctg Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the
present Convention to all States. thereto
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Govemments, have signed the present Convention.
x995
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DECISION ON THE DRAFT ON HUMAN RIGHTS DECLARATION BY THE ASEAN INTER-PARTIAMENTARY ORGANIZATION (AIPO)
Pursuant to the Resolution on Regional Guidelines on Human Rights in ASEAN (Doc. 139A/92lRes-P-02) adopted at the 13th AIPO General Assembly held in ]akarta, Indonesia from 21 - 25 september 1992, an AIPO working Committee drafted. a declaration on human rights. The Committee submitted the draft to the First Plenary session of the 14th AIPo General Assembly to be approved as an agenda item in the working committee deliberations. It was duly approved by the General Assembly.
The working Committee decided to adopt the draft which was subsequently approved by the Second Plenary Session of the General Assembly. Human Rights by AIPO.
The following document was thus adopted as the Kuala Lumpur Declaration on
KUALA LUMPUR DECLARATION ON HUMAN

RIGHTS BY AIPO
Preamble \{rhereas, the peoples of ASEAN recognize that all human beings are created by the Almightp and possess fundamental rights which are universal, indivisible and inalienable;
Whereas, the-peoples of ASEAN are bom free and equal with full dignity and rights . and are endowed with reasoning and conscience enabling them to act iesponsibly ind humanely towards one another in a spirit of brotherhood.
Whereas, the peoples of ASEAN realize that human beings cannot live alone but in_harmony with one another, with nature and their envirorurient to achieve complete fulfillment of their aspirations in a just society based on harmonious and balanced economic, social, political and cultur;l developments;
\Atrhe|eas, the peoples of ASEAN . balancing asPects; those with respect
which stipulate obligations of the individuals to society and
recognize that human rights have two mutually to rights and freedom of fre individual, and those
state;
into account;
the peoples of ASEAN accept that human rights exist in a dynamic and .whereas, evolving context and that each co,untry has inherent historicil experiences, and changing economic, social, political and cultural realities and value system which shoula Ue titcei
and other human miseries;
. whereas, the peoples of ASEAN are convinced that human beings had a right to development and freedom from poverty, hunger, illiteracy, ignorance, injustice, diieases
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Whereas, the peoples of ASEAN reaffirm the observance of the United Nations Universal Declaration of Human Righs Charter, and the Vierura Declaration and Program
of Action of 25 June 1993;
Whereas, the continuing progress
of ASEAN in freeing its people from fear and
want has enabled them to live in

"dignity;
Whereas, ASEAN seeks to further enhance its role in promoting a wodd order based on freedom, peace and social justice through intemational, regional and bilateral coo-
peration.
HUMAN RIGHTS DECLARATION

PRINCIPLES
Part I Article
1
All human beings, individually and collectively, have a responsibility to participate in their total development, taking into account the need for full respect of their human
rights as well as their duties to the community. Freedom, progress and national stability are promoted by a balance between the rights of the individual and those of the community.
Article
All human beings, without distinction as to race, colour, sex, language, religiory nationality, ethnic origin, family or social status, or personal convictions have the right to live in dignity and to enjoy the fruits of development and should, on their part, contribute to and participate in it.
Article
3
All human beings have the right to self-determination. By virtue of this right, they freely determine their political status and may pursue their economic, social, political and cultural development.
Article 4
Each member state has the right to development based on its own objectives, to set its own priorities, and to decide the ways and means of realizing its development
without external interference.
1995
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Article
Universal promotion and protection of human rights should take place in the context of intemational cooperation based on respect for national sovereignty, territorial integrity and non-interference in the intemal affairs of states; and human rights should not be used as a conditionality for economic cooperation and development assistance.
Article
National development shall be founded on the basis of respect for the dignity and value of human beings, which requires the elimination of all forms of inequality, exploitatiory colonialism, racism, and the implementation of civil, political, economic, social
and cultural rights without discrimination.
Part II FUNDAMENTAL HUMAN RIGHTS
Article
Everyone has the right to life. No one shall be deprived accordance with the law.
of such right except in
Article
Everyone has the right to freedom of thought, opiniory conscience and religion. These rights include freedom, of teaching, practice, worship and observance, both in private and public, individually or in community with others.
Article
Everyone has the right to property, liberty and security of person. No one shall be deprived of these rights except in accordance with law.
Article
10
with law.
Any violation of these fundamental human righs should be redressed in accordance
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1995
Part III
BASIC RIGHTS Article
AND
DUTIES OF CITIZENS AND STATES
11
Everyone is equal before the law and is entitled to protection of the law without
any discrimination. Article
12
Everyone has the right to freedom of expression which carries inherent duties and responsibilities"
Article
L3
Everyone has the right to freedom of association. No restrictions may be imposed on the exercise of this right other than those prescribed by law.
Article L4
Everyone charged with a criminal offense has the right to be presumed innocent until proven otherwise according to law.
Article'15 Every citizen has the right and should have the opportunitt without unreasonable restrictions, to participate in the conduct of public affairs directly or indirectly through freely chosen representatives, to vote and to be elected to public office.
Article
16
It is the right and duty of each member state to formulate appropriate and sustainable national development policies that aim at the constant improvement of the well-being of all its citizens on the basis of active, free and meaningful participation in development, and in the fair distribution of the benefits resulting therefrom. Article
17
Each member state should undertake all necessary measure for the realization of the rights to development and shall ensure equality of opportunity for all its citizens
in their
access to basic resources, educatiory health services, food, housing, employment,
1995
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public services and the fair distribution of income.

Article
18
and cultural measures Article

'19
Each member state should undertake appropriate economic, social, political, technical in order to promote social justice.
Each member state has the duty to encourage and facilitate the participation of all its citizens in ail spheres of development to ensure full realization of huhan rights.
Article 20
It is the task and responsibility of each member state and every citizen to ensure the promotion, implementation and protection of human rights.
Article
2L
It is likewise the task- and responsibility of member states to establish an appropriate regional mechanism on human rights. Article
22
Each member state and its citizens shall endeavor to exercise the aforementioned rights and duties subject only to such limitations as are determined by law with respect to these rights and duties, to meet the just requirement of morality, public order and the general well being of society.
1.92
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PHILIPPINE
OVERSEAS
EMPLOYMENT ADMINISTRATION MEMORANDUM CIRCUTAR Series of.1994

TO
NO. 47
: :
ALL CONCERNED
GUIDELINES TOWARDS THE OPERATIONALIZATION OF MEASURES TO FURTHER IMPROVE PROTECTION IN THE DEPLOYMENT OF HOUSEHOLD WORKERS
SIJBIECT
Pursuant to DOLE D.O. 13 Series of 1994, prescribing measures to further improve the protection mechanism in the deployment of household workers, the Household Workers' Center (HWC) is hereby established in POEA under the following guidelines:
I.
DEFINITION OF TERMS
A.
Household Workers - shall refer to ail persons, male or female, who shall render domestic or household service abroad under contract for compensation. They shall include, among others, domestic helpers, maids, house boys, nannies, babysitters, caregivers, caretakers, tutors/ govemesses/ au pairs, cooks, sewers/ beauticians, masseurs/ masseuses/ drivers and gardeners.
B.
Household Workers Center (HWC) - shall refer to the office in POEA which shall be in charge of the operations in the mobilization, deployment and monitoring of all household workers.
II. QUALIFICATION OF LICENSED AGENCIES AND ENTITIES IN

DEPLOYMENT OF HOUSEHOLD WORKERS
THE
A.
Subject to compliance with other operational requirements as hereinafter provided, only those licensed agencies and entities who meet the following standards shall be qualified to deploy household workers overseas:
1. Agency has been
in active operation for at least one (1) year with a minimum
deployment record of at least
fifty (50) overseas contract workers.
2. Agency is able to show proof of actual market prospects or approved job orders for at least fifty (50) household workers. 3. Agency track record of recruitment violations cases for the last two (2) years:
a) no more than three (3) pending recruitment violation cases involving not
1995
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more than ten (10) workers: provided that where the violation charged constitutes an offense for which the penalty imposable is cancellation of license, the three (3) case rule shall not apply and the applicant is automatically deemed not qualified. b) no record of suspension/payment of fine imposed in recruitment violation
cases.
4. Agency's track record of employer-employee relationship cases for ihe last two (2) years:
a) no more than five (5) pending employer-employee relationship
employer-employee relationship cases.
cases.
b) no more than two (2) decisions rendered against the agency arising from
5. Agency's track record of welfare cases for the last two (2) years:
a) no record of documentary suspension arising from agency's non-cooperation in the resolution of welfare cases. b) no more than five (5) validated reports on stranded/distressed workers;
provided that the 5 validated report rule shall not apply where the number of OCWs affected exceed ten (10).
5. Track record of accredited principals.
No record of Watctrlisted/blacklisted principals resulting from violations of the employment contract or default in the discharge of obligations to the hired workers.
B. Submission of Application/Issuance of Certificate of Qualification.
Licensed agencies and entities who are interested to participate in this program shall submit their application for qualification to the Licensing and Regulation office for evaluation.
Upon approval of the application a certificate of qualification shall be issued to the qualified agency subject to compliance with the operational requirements hereinafter provided.
C. Agencies found to be qualified shall comply with the following operational

requirements:
1.
Submission of a cash deposit in ttre amount of ONE HUNDRED THOUSAND PESOS (?100,000.00) under a duly executed escrow agreement to answer for valid claims which may be adjudged in favor of a household worker recruited and/or deployed by the agencyr including refund of placement fee. It is
understood that the escrow deposit shall be on a per market/country basis.
2. Affidavit of Undertaki.g by the agency indicating the following additional

responsibilities over its deployed household workers and ensuring compliance
by its foreign employer/principal of the requirements of this special
scheme:
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2.1 Agency responsibility
2.1.1 In sourcing and deployment of duly

workers only;
registered,/certified household
2.1.2
For the authenticity of documents being presented such as passport,
medical certificate artd others.
2.2 Agency commitment to set up liaison/welfare office in is concentration of their hired workers.
areas where there
III.
PERFORMANCE ASSESSMENT AND DISQUALIFICATION
A. After one (1) year following the grant of eligibility in deploying household
workers, qualified agencies and entities shall be subjected to a performance assessment to determine their continued participation in this activity. Only those agencies who meet
the following review standards shall be allowed to continue to deploy household workers:
1,. No recruitment
violations
cases; cases;
2. No employer-employee 4. No validated 5. 6. 7.
relationship
3. No report on non-cooperation in the resolution of welfare cases;

report of employer violation discharge of obligations to the workers;
of the contract or default in
the
Proof of deployment of at least fifty (50) household workers; Proof of additional job orders;
Compliance with Section
II
C(2)
of this Circular.
B. Dsqualification from the Hiring Program Violations of any of the conditions set forth in this Order shall, after due investigatiory result in the disqualification of the agency and/or principal in this Hiring Program and a suspension of the license of the erring agency for tluee (3) months.
IV. REGISTRATION, TRAINING AND TRADE TESTING OF HOUSEHOLD
WORKERS
A. In coordination with the regional offices of the Bureau of Local Employment (BLE), the POEA shall maintain a national pool of household workers pre-qualified on
the basis of the following:
L 2.
the minimum age required by each country in accordance with visa issuance requirement; and can read write, and speak
in
English.
B. Each registered household worker will be issued a registration card by POEA's Manpower Registry Division or in the case of provincial applicants, by POEA's regional
1995
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offices or BLE's Public Employment Services Offices (PESOS). Only registered household
workers shall be eligible to apply with duly qualified agencies for placement abroad.
C. All household workers shall be required to undergo trade testing with NMYC and/or its duly accredited trade-testing centers after being pre-selected by employers. The trade test certificate shall be a requirement for contract processing. Household workers who have not been pre-selected may, at their option undergo training and/ or trade testing. D. Household workers who fail the trade test shall be required to undergo special training and certification with NMYC before taking a repeat trade test. E. Training and trade test shall not be required for household workers bound for countries which provide more superior and institutionalized pre-departure training schemes and facilities. V.
ACCREDITATION OF FOREIGN PLACEMENT AGENCIES (FPAs)/PRINCIPALS
In order to be accredited, foreign placement agencies/principals hiring household workers shall submit the following document to the FIWC:
1. a) b) c) d) e)
based on the following submissions:
Pre-Qualification Certificate (PQC) issued by the Office of the Labor Attache
Appropriate license issued by the host govemmenq

Manpower request and wage schedule from client employer and,/or proof of on-going negotiation with prospective employer; Master Employment Contract;
Agency mechanism for the promotion of welfare and protection of hired workers;
Affidavit of Undertaking assuming responsibility over their hired workers, including the continuing implementation of their employment contract and compliance with additional requirements as may be prescribed by ttre Office of -the Labor Attache.
agency's license issued
The PQC shall be valid for not more than one year and co-terminous with the by the host govemment.
and regulations on overseas employment.
The'Labor Attache may revoke the PQC at any time
for
violation of existing rules
2. Cash bond in escrow deposited in a Philippine bank in favor of POEA in the amount of ? 100,000.00 for every hiring of not more than 50 workers.
VI. APPOINTMENT OF PHILIPPINE AGENTS
- Accredited foreign placement agencies/principals shall be allowed to appoint more than one Philippine agent subject to compliance with the rules prescribed for ttris purpose.
196
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VII.
PROCESSING OF EMPLOYMENT CONTRACTS

Documentary Requirements for Hirings Through Philippine Licensed Agencies:
A.
requirements to the HWC for contract processing:
Licensed agencies authorized to deploy household workers shall submit the following
A.1 Authenticated
Special Power
Request;
of Atto*"y (SPA) Service Agreement;
A.2 Verified Manpower

A.3 Request
for
processing;
4.4 verified PoEA prescribed individual employment contract (EC) which shall contain the following specific features and provisions:
4.4.1, Employer's particulars to include his complete address/location. A separate employer's index form shall be attached to the EC specifying the following details: House number, street, district, city provirrce, office address, telephone/fax numbers (both residential and business), telex number, civil status, number of children/household members, passport
number, citizenship, occupation, profession.
4.4.2 Contract Verification/Confirmation HWC shall require employment contract verification by the Polos in accordance with bilateral
arrangements with host countries. Where such verification facility is not available, an employer registration system shall be instituted by the POLOS who shall provide HWC a list of employer registrants as regularly as possible. The EC shall be signed by the worker, the employer, the local agent and the foreign placement agent, where applicable.
4.4.3
A.5. ]oint Affidavit of undertaking by the foreign placement agency and philippine
agency:
a) b) c) d) A.5
That the EC shall be implemented faithfully; That the foreign placement agency within two (2) days of arrival of the worked shall allow the latter to advise the nearest Philippine Embassy/
Consulate of his/her arrival;
That the foreign placement agency shall allow the POLOs or appropriate Philippine Embassy staff regular visitation of the worker at the employer,s
residencg where applicable; That the foreign placement agency shall allow the worker to participate in skills enhancement and other programs for household workers at the Philippine Embassy, where applicable.
Affidavit of llndertaking from the Philippine agency guaranteeing compliance of the worker with the prescribed minimum age for female household
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197
A.7 A.8
Verified Visa/NOC/Work Permit or equivalent document where applicable.

PDOS Certificate The Pre-Departure Orientation Seminar (PDOS) for household workers shall be in accordance with POEA Memorandum Circular No" 18, Series of 1993. The PDOS Certificate of Attendance shall bear the registration number of the applicant household worker.
A.9
A.10
Trade Test Certificate Letter
of
Endorsement from the Secretary
of
Labor
Every PDOS Certificate issued shall be accompanied by a letter addressed to the gmgloyer from the Philippine Secretary of Labor enirusting the worker to the employer. It shall be the responsibility of the worker to deliver ruil l"tt". to his/her utnptoy"..
A.11 Valid
Medical Certificate
4.12
A.13
Repatriation Bond Certificate
Worker's Information
Sheet
Sheet
A.'14 OCW ID
B. Name Hire Processing 8.1 Coverage

Name hire household workers shall be processed by the HWC only for the following:
a) b)
c)
Hirings by immediate members of the family of heads of state/govemment;

HJrings-
of the host country;

i
by Ministers, Deputy Ministers and other senior govemment officials
Hirings by, senior officials

nterna
tional organizations
of the diplomatic
corps and
duly
recognized
8"2 a)
Documentary Requirements
Fhilippine Embassy,/Consula
Employment Contract, duly verified and authenticated by the Labor Attache/

te
b) c) d) e)
Verified Visa/NOC/Work permit, where applicable

PDOS Certificate
Trade Test Certificate
Valid Medical Certificate
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0 g)
Repatriation Bond Certificate
Other Documents as may be deemed necessary
C. Host Country Specific Documents

Other documents currently required for employer accreditation and contract process-
ing which are peculiar to specific host countries shall continrre to be submitted.
VII.
REGIONAUNATIONWIDE APPLICATION
The special mobilization scheme for household workers covered by this Circular shall
involve implementation by all regional offices and regional extension units of POEA in coordination with the DOLE NMYC and OWWA regional offices and POEA's HWC at the home office"
VIII.
POST-DEPLOYMENT WELFARE ASSISTANCE
In pursuit of the continuing effort to protect household workers deployed abroad, the HWC shall monitor closely the welfare conditions of the workers in coordination with the Philippine Overseas Labor Officers (Labor Attaches, Welfare Officers and Center Coordinators). Further, the HWC shall extend the following assistance to the household workers and/ot 'their families conceming their welfare:
A. B. C. D.
Enforce mandatory agency participation Blacklist/Watchlist erring principals;
in the settlement of
disputes;
Coordinate with the agency's liaison office onsite whenever necessary;

Prepare quarterly monitoring report on the whereabouts and conditions of the household workers.
IX. TRANSITORY PROVISION ln order to provide smooth transition towards this new operational scheme in the deployment of household workers, the Administration shall continue to process employment documents in the pipeline under the old operational system.
PIPELINE ACCOUNTS
1. Accredited foreign placement agencies shall be regarded as pipeline account under
any of the following circumstances:
a) b)
the employment contracts of their selected household are in process at the Philippine Embassy upon effectivity of this Circular;
The hired household workers have approved and/or valid visas at the effectivity
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Circular.
2. Philippine agencies who will not qualify to deploy households workers under this program shall be allowed to process their pipeline accounts with POEA within one (1) month from this Circular's effectivity. Additional/new job orders will not be accepted within the aforementioned one (1) month grace period.
3.) The following shall apply to Philippine agencies qualified to deploy household workers under the following circumstances:
a) b) c)
Agencies shall comply with the requirements for qualification within three (3)
months from this circular's effectivity for their existing employers/principals; Accreditation requirements prescribed in this Circular shall be applied to new
principals immediately;
Additional/new job orders for existing principals may be allowed upon full compliance with the new accreditation requirements.
All foreign placement agencies hiring household workers shall have undergone new accreditation in accordance with Section V of this Circular not later than 3 months from
the effectivity of the
same.
X.
REPEAL CLAUSE
All provisions of preceding
Orders, Circulars and other issrrances inconsistent with
this Circular are hereby repealed. This Memorandum Circular shall take effect on 7 luly 1994.
(Signed) FELICISIMO
Administrator June 13, 1994
o. JosoN,
JR.

OCWs in Crisis

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OCWs in CRISIS: Protecting Filipino Migrant Workers

Protecting Filipino Migrant

Ronaldo Romey Cutierrez for the cover illustratiory and

the staff and friends of the Ateneo Human Rights Center.

Filipino Migrant Workers

billion in remittances from them.

CRISIS: Protecting Filipino Migrant Workers

Republic Act No. 8042 (M igrant Workers and Overseas

PART I PROTECTING FILIPINO WOMEN

MIGRANT WORKERS: PROBLEMS and CHALLENGES

CRISIS: Protecting Filipino Migrant Workers

THE HUMAN RIGHTS OF FILIPINO WOMEN MIGRANT WORKERS"

PHILIPPINE LAWS AND THE FILIPINO WOMEN MIGRANT WORKER

CRISIS: Protecting Filipino Migrant Workers

CRISIS: Protecting Filipino Migrant Workers

THE FILIPINA MIGRANT WORKERS IN THE EYES OF THE FOREIGN COUNTRY

worker or her right to remain in the country is cotefminous with *re

Protecting Filipino Migrant Workers

extradition any day in Singapore and Malaysia. For a worker,

CALLING ON THE INTERNATIONAL COMMUNITY

CRISIS: Protecting Filipino Migrant Workers

the name of the game.

Alunary Gina M.,

with Comments anil

Volume I, Revised Edition

CRISIS: Protecting Filipino Migrant Workers

RESPONDING TO FILIPINO MIGRATION REALITIES: A FRAMEWORK FOR COOPERATION*

CRISIS: Protecting Filipino Migrant Workers

WAVES OF FILIPINO MIGRATION

LEVELS OF CONTEMPORARY FILIPINO MIGRATION

total number of Filipinos worldwide.

CRISIS: Protecting Filipino Migrant Workers

of the workers in this

As in the contract workers, maiority of the immigrants (50%) are women'

CRISIS: Protecting Filipino Migrant Workers

ration among countries in addressing migration problems. Our concern has

CRISIS: Protecting Filipino Migrant Workers

migrant-related issues. agenda

CRISIS: Protecting Filipino Migrant Workers

recruiter at liberty to recruit more for imagined jobs abroad.

CRISIS: Protecting Filipino Migrant Workers

facts that have colored the lives of our migrant friends

CRISIS: Protecting Filipino Migrant Workers

ADDRESSING THE PROBLEMS OF FILIPINO WOMEN MIGRANT WORKERS*

OVERSEAS EMPLOYMENT OF WOMEN

and would .uu.h to

and the United

Protecting Filipino Migrant Workers

Despite intense efforts

to minimize, if not rid, the overseas

CRISIS: Protecting Filipino Migrant Workers

will and diplomatic goodwill.

ever, these ties require enormous amounts of bargaininf power, political

GOVERNMENT' RESPONSE AND POLICIES

CRISIS: Protecting Filipino Migrant Workers

iohs for the vast

almost irational preoccupation to get an overseas iob'

reinforce the foliowing Programs of intervention:

and hired contract workers'

Protecting Filipino Migrant Workers

5. Posting of Female Labor Officers - We believe that women

and maximized various bilateral or multiJJteral arrangements"to

CRISIS: Protecting Filipino Migrant Workers