Comprehensive framework for the protection of migrant workers. There are
major laws, policies and programs in the Philippines that are potentially significant for
protecting the rights of rnigrants. In part these have been refined through time by
relatively successful national and international efforts to promote rnigrant rights as a
development issue. The national system for protecting rnigrant workers consists of the
overall regulatory system of rules, regulations and standards.
There are also the country's associated irnplementing structures and mechanisms.
The POEA is the main agency responsible for protecting overseas workers relative to their
employment, including regulating private sector recruitment and placement. The OWWA
in turn was set up to deliver welfare programs and services to migrants and their families
although funded primarily through contributions from the migrants themselves. The CFO
under the Offrce of the President also confirms the high-level engagement on migrant
issues and is tasked to among others define national migration policies, aside from
assisting migrants in need. The OUMWA of the DFA in turn is tasked with providing
legal assistance and gives particular attention to undouumented workers and to arranging
repatriation.
Unfortunately policies drawn up and programs developed in theory tend to have
limited coverage in practice and are unable to reach the vast and grou.ing numbers of
migrants in need. Worse, this body of legislation - unimplemented ii'r many important
respects as it is * is even facing a concerted effort to be modified to become more labor
export-fiiendly. This threatens to further widen the gap between the declared intent and
the practice of protecting migrant workers.
POEA regulatory body. A major area pertaining to POEA regulation is its mandate
to monitor private recruitment agencies and employers which is among the most essential
efforts to protect migrant workers. Among the most important aspects of government
regulation of migration is the licensing and monitoring of agencies according to
government rules and minimum standards - and the shutting dou n of erant agencies as
warranted. Various task forces against illegal recruitment have also been created up to the
presidential level. Minimum standards include ensuring that foreign employers are
verified and accredited as well as willing to comply with standard ernployment
conditions. Aggrieved migrants, or even the government, can file cornplaints and subject
the licensed agency to administrative sanctions ranging from a reprirnand to licence
suspension or cancellation. Foreign employers can likewise be sanctioned up to
disqualification from any more recruiting and hiring of Filipino uorkers.
Holding local recruitment agencies jointly and severally liable rvith its partner
foreign employer potentially creates the opportunity to resolve conflicts between migrant
workers and their employers regarding the implementation of employment terms and
conditions.
These are vital practices that unfortunately are still sometimes perforrned in a
piecemeal fashion or subverted by non-compliant agencies or employers. The issue is how
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