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. 45

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