The I"IN Convention on the Protection of the Rights ofAll Migrant Workers and
Members of their Families (Migrant Workers Convention, 1990) in particular unfortunately ratified by only 37 states none of which are major migrant destination
countries - relates these rights to the specific contexts and vulnerabilities of migrant
workers moving across international borders and their families. These all cover a wide
range of rights and rather than enumerate these and corresponding violations, it will be
useful to instead pick out the most significant burdens and vulnerabilities affecting
migrant workers requiring the most immediate attention.
Many of the problems faced by Filipino migrants are the same as faced by
migrants from elsewhere within ASEAN, and indeed from other nations, especially
insofar as these are rooted in the deeper problem of the commodification of labor employer abuse, illegal recruitment, oppressive contracts and so on - and
discrimination against women. Indonesian migrants for instance confront the same
issues that OFWs do in Singapore or in Malaysia. Thus the experience in the
Philippines and of OFWs abroad, likewise of Indonesia and of their migrants overseas,
can offer rich lessons for countries increasingly going into labor migration such as
Vietnam and even Cambodia, Laos and Myanmar. And there are of course those
pioblems specific to the Philippine context especially as related to government
structures, processes and laws.
Employer exploitation,maltreatment and abuse. Filipino migrants overall are
subjected to a wide range of abuses from their employers especially: underpayment or
non-payment of salaries and benefits, extremely long working hours, lack of days-off or
corresponding compensation, poor working conditions, unjust dismissal, sexual violence,
physical attacks, and other degrading treatment. These are already well-documented.
Unjust state exactions. The largest number of migrants generally come from
households with limited incomes and options to begin with which makes them vulnerable
from the very start of the migration cycle. Ironically the initial application, recruitment
and hiring stages can very often intensify their wlnerability aside from creating the
conditions for greater abuses once abroad. Among the most common problems are the
onerous expenses and resulting debt burdens that aspiring migrants, focused on being able
to find work abroad at any cost, accumulate throughout the early bureaucratic process.
This is also an objective condition that makes the cheaper and less bureaucratic option of
undocumented work status appealing despite the attendant risks.
Migrante has estimated that a potential migrant will be payrng the government some
PI8,000 just to complete the basic documentary requirements consisting of: P7,600
(equivalent to Pl00 for each of 76 signatures needed), P550 for the passport (plus P250
for every Saturday application), P7,500 in fees to POEA, Pt,375 in fees to OWWA
(US$25 per contract), P75 voter's registration fee to the Comelec, and P900 for
PhilHealth/Medicare (annual). To put this into context, the results of the latest FIES of
2006 indicate that the poorest 13.9 million or 80% of Filipino families had average family
incomes of between P2,700 and P17,000 per month.
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