Access to social benefits and services. OFWs are directly made to pay for their
own services and benefits. The main government vehicle for providing migrants social
and welfare services is the OWWA funded primarily by US$25 in contributions from
OFWs on a per contract basis, as stipulated under the OWWA Omnibus Policies issued by
its Board of Trustees in September 2003. This however means that around a million
undocumented migrants and the perhaps millions more whose contracts are inactive are
excluded from benefiting from the OWWA trust fund. There were 1.24 million OFWs
enrolled with P1.38 billion in collections in 2008. The OWWA fund had a balance of
Pl l.5 billion as of December 2008.
The OWWA Omnibus Policies also further undermine OFWs'access to welfare
services in various ways. They effectively stripped off salient OW-WA progralns such as
the medicare services and legal assistance prograrr! the General Financial Assistance
Program and the Pre-Departure Loan. As it is, OFWs trying to avail of their rightful
OWWA benefits are confronted with tedious and burdensome bureaucratic processes.
The Omnibus Policies also allow Trustees to decide on the use of OWWA Funds
without any consultation with OFWs regarding the use of their money. The funds have
already been used outside of any real scrutiny by OFWs. There have already been cases of
anomalous use of OWWA funds: unauthorized and questionable release of US$293,500
from OWWA funds to General Cimatu, head of the Middle East Disaster-Preparedness
Team in 2003; anomalous investment of P850 million pesos in the Smokey Mountain
Participation Project Certificate where interest income has until now not been fully
collected; and transfer of the P530,382,446 OWWA Medicare Fund from the P4 billion
Trust Fund to the Philippine Health Insurance Corporation (PHIC). In this context it is a
matter of concern that the OWWA Omnibus Policies effectively give even greater
discretion to the Office of the President accessing the money of OFWs entrusted to
owwA.
The government reports bilateral agreements on social security with other countries
but these are hardly known by OFWs and information dissemination is minimal if not
absent. In any case there do not appear to be such agreements with any of the top
destination countries of OFWs. Indeed, if anything the government has forged other
agreements such as the Unified Contract (with Saudi Arabia) which contravenes laws that
protect labor and migrant rights.
Access to justice. OFWs face difficulties in seeking effective legal remedies and in
asserting their rights against their employers from lack of capacity and a wide range of
disincentives they face. They are fust of all already disadvantaged by being non-nationals
of the countries they work in with host countries often giving preferential treatment to the
employers who are nationals whenever conflicts between them arise. This partiality also
obtains when OFWs get into trouble with the law involving other foreign nationals, not
necessarily their employers. However that basic situation of discrimination is very much
aggravated by the government's apparent inability to provide sufficient compensatory
support to tilt the balance more towards aggrieved OFWs manifesting in unhelpful
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