EXPERIENCES OF A COUNTRY OF ORIGIN FOR INTERNATIONAL LABOR MIGRATION by Grace Relucio Princesa, Philippines

Background of RP Migration Massive outflow since 1970s (Middle East & some developed Asian countries, mandatory testing) Estimated 8M migrants abroad (labor, immigrants 40% Overseas Filipino Workers (OFWs)) 35% permanent migrants 25% undocumented RP, one of leading countries of managed migration RP is top 5 country of origin (No. 1 for seafarers) Top 5 for remittance (13% of GNP)

Overview of AIDS: RP case First case in 1984 Total registry as of April 2008: 3,238 cases 34% OFWs (seafarers’/land-based mandatory testing) From “low and slow” to “hidden and growing” From « low and slow » description of the status of HIV in the Philippines during the 1990s until the year 2004, local experts now look at the possibility that HIV is « hidden and growing ». The Philippine National AIDS Council or PNAC, a multisectoral group created by the Philippine National AIDS Act to oversee its concern in the Philippines reports that HIV infection in the country has been significantly been rising since 2000. With an average of 20 people being infected with the virus every month, the current rate of new cases reports is at least twice that observed in the 1990s. Sexual transmission remains to be the most common (93%).

Good practices Protection of labor migrants and immigrants Migrant Workers and Overseas Filipinos Act, 1995 Philippine AIDS Prevention and Control Act,1998 Country team approach Depts. of Foreign Affairs, Labor, Social Work Provides for social security, economic and other legal support services (pre-employment, pre-departure, onsite and upon return) The Philippine AIDS Law mandates education and awareness-raising on HIV and AIDS among migrants is enshrined in the AIDS Law. Specifically it states: « All Overseas Filipino Workers, diplomatic, military, trade and labor officials and personnel to be assigned overseas shall undergo or attend a seminar on the cause, prevention and consequences of HIV and AIDS before certification for overseas assignment. » Specifically, the Philippine foreign service has been cited as a good practice for it provides intensive pre-departure HIV orientation to its personnel.

For GOOD = Broken dreams What happens when OFWs are HIV-positive? Not allowed to leave Deportation Loss of income Stigma If declared, support from Government For Good is a book on the life stories of Filipino migrant workers living with HIV/AIDS which means they are home for good or forever because of their status. Their rights are violated when they’re not allowed to leave and declared « unfit to work » due to their HIV positive status in the following situations: Work permit and visa application procedure Testing upon arrival and semi-annually to renew their work permit They are deported if HIV-positive On a positive note: If the HIV-positive declare themselves to the country team Government officials, the Department of Health has instituted a confidential procedure to give them treatment and counseling.

Next steps/challenges Harmonize policies between origin and destination countries (i.e., mandatory testing) Heighten advocacy for the implementation of the Philippine AIDS Law Continue integrating HIV-education in maritime school curricula Separate HIV orientation from pre-departure seminar for OFWs Foreign posts monitoring HIV+ OFWs Engage, initiate with other labor-sending countries and international regional fora discussions on mandatory testing of migrants since according to CARAM Asia the practice contravenes international guidelines and national laws on HIV testing by totally disregarding the established best practices of consent, confidentiality, counseling and referral to treatment and support services. It makes countries that do not mandate testing as an unwilling accomplice to this mandatory action also to remove the definition of HIV-positive persons being « unfit to work ». Support the engagement of the Philippines as a member of the International Task Team on travel-related restrictions AIDS Law: Engage the private sector in pre-test and post-test counseling Support present DOLE practice integrating HIV-education in maritime schools Foreign posts will proactively request host countries for information on HIV-related deportations especially in areas with high number of seafarer OFWs Lastly, improve reintegration for HIV+ OFWs and seafarers by establishing linkages between service providers, networking, establishing protocols and building capacities. Thank you.

Thank you