diplomatic outposts and in
difficulties in pursuing
claims even domestically.
The limited awareness of
OFWs of their rights is a
factor to some degree
although even overcoming
this would not necessarily
surmount these other
disadvantages they face.
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Host country legal
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contexts may themselves
even be formally tilted
against OFWs. In the Middle
East for instance OFWs leaving their employer or job site - even if they have valid
grounds for resigning - are charged with absconding and considered to have violated
immigration laws in their host country.
OFWs cannot but rely on approaching Philippine Embassies and Consulates as well
as other concerned agencies such as the POEA, OWWA, DOLE, DFAand DOJ. Reports
are rife though of Filipinos frequently being advised by Philippine authorities to remain
with their employers even under unjust, exploitative and abusive work conditions. If they
still run away and seek refuge, government officials are still more inclined to mediate
amicably towards settlements returning OFWs to their employers instead of addressing
the OFWs' core concerns. Runaways are also even made to pay deployment costs in
exchange for their release and eventual repatriation
Even on the most basic matter of legal support, there are reports of OFWs not even
being able to communicate with the lawyers provided them which reduces this legal
representation to a token effort that is unable to help them adequatelypress their case or
prepare their defense. Detained OFWs are not regularly visited and informed of the status
of their cases by embassy and consulate officials, nor are their families at home informed
and updated by the OUMWA. The accused and their families often do not even have
access to legal documents regarding the OFW victim's case.
Repatriated OFWs can technically pursue complaints against their recruitment
agencies through OWWAs mediation mechanisms. OFWs can also file complaints such
as on overcharging of placement fees at POEA, and can file monetary claims at the
NLRC. These have their own difficulties however with cases at OWWA for instance
almost always having to be pursued in the National Capital Region (NCR) which is costly
and can be distant, hence inaccessible, for migrants coming from the provinces. OWWA
only allows them to stay at government-provided hostels for five days. OFWs are further
discouraged by tedious bureaucratic processes and demands in government agencies. The
process is also bogged down by the huge backlog of unresolved cases in the system: in
39