progralns, services and benefits for OFWs, and others. The resolutions largely involve
inquiries into such as illegal recruitment, excessive fees, stranded OFWs, trafficking,
illegal deployment, tougher immigration laws abroad, abuses of and crackdowns on
irregular OFWS overseas, OWWA funds, hiring laws abroad, OFWs on death row or in
jail, working conditions in the Middle East, OFWs in Sabah, a review of RA 8042's
implementing rules and regulations, and others.
Amendments to RA 8042 are in an advanced stage and as of September 2009 are
due to be tackled at the bicameral committee level already. However while ostensibly
seeking a higher standard of protection and promotion of the welfare of migrant Filipinos,
the contents of Senate Bill 3286 and House Bill 5649 may actually set back even further
the Magna Carta for overseas Filipinos and their families. It appears that these will further
intensify the government's labor export program, impose additional state exactions on
OFWs, absolve employers and recruiters from their accountability for OFWs' welfare,
and fuither institutionalize government's abdication of its responsibility for the welfare
OFWs.
of
Having laws and ratifying treaties are important in establishing commitments to
promote migrant rights. The actual extent to which the resulting range of specific duties
and obligations are actually fulfilled is however another thing entirely and this is where
there is cause for concern.
Fuller realization of the potential benefits from formal laws and policies on
migrant rights and welfare is hindered by the country's underlying labor export
policy. The measure of success in protecting migrants lies only partly in the system
apparently in place and more in how far migrants are actually protected given their rising
numbers, given the quality of institutional mechanisms and processes, and given the
actual legal and political circumstances in receiving countries. Taking this complex of
factors into consideration gives just cause for concern. The recurring problems of migrant
maltreatment, insufficient social and welfare services, apparent government failures and
others underscores the reality of wide gaps in the protection of migrant workers and their
families.
The Philippine govemment's ability to uphold Filipino migrants'rights and promote
their welfare has lagged behind its apparent success in pursuing it labor export polic1,. The
efforts and outcomes are asynmetrical. On one hand, efforts are systematic, sustained and
deliberate on regulatory matters facilitating the departure of migrants and receipt of
remittances. These have resulted in record numbers of Filipinos overseas. On the other
hand, efforts are spotty, partial and erratic on matters relating to giving migrants
protection and support at home or abroad. There is not even accurate, comprehensive and
timely information about the migrant workers themselves. All these underpin the steady
rise in violations of migrant rights. Many OFWs and migrant organizations have gone so
far as to characterize the government as "criminally negligent" in its repeated abdication
of taking primary responsibility for protecting migrants and their families.
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