Philippine Labor Migration Policy and Programs by Esteban B. Conejos Jr. Undersecretary for Migrant Workers’ Affairs Undersecretary for Migrant Workers’ Affairs Department of Foreign Affairs, Philippines 4 th Asia-Pacific Regional Conference Hague Conference on Private International Law Aspects of (Economic) Migration Manila, 27 October 2011

Outline of Presentation  Introduction  Statistics  Policy  Programs  Challenges  The Bottom-Up Approach  Conclusion

Introduction  Conceptual Framework: Possible use of certain techniques developed by the Hague Conference to certain aspects of international migration –“Hague” cooperation techniques: e.g. division of responsibilities between states, concept of shared responsibility, designation of central authority for implementation. –Cross border cooperation in temporary/circular migration, return and reintegration, regulation of recruitment agencies, remittances.  Practical Application: PH Labor Migration

Statistics  8 million overseas Filipinos in 190 countries  OFW Remittances for 2010 is USD18.7billion, representing 10% of GDP  PH ranks fourth after China, India, and Mexico.

Policy “ The State does not promote overseas employment as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental rights and freedoms of the Filipino citizen shall not, at any time, be compromised or violated.” (par. C, Sec. 2, RA 8042)

Presidential Directive on OFWs “Our goal is to create jobs at home so that there will be no need to look for employment abroad. However, as we work towards that end, I am ordering the DFA, POEA, OWWA, and other relevant agencies to be even more responsive to the needs and welfare of our overseas Filipino Workers.” - H.E. Benigno Simeon C. Aquino III, Inaugural Address, 30 June 2010

Policy The Protective Mantle

Programs  General Operating Principles: 1. “Life Cycle Approach” to protection and support of migrants. 2. Protection begins at home. Frontloading of protective measures before worker leaves home. 3. International cooperation required to make migration work.

Programs  Stage 1: Pre-deployment Operating Principle: “Regulated participation in the overseas employment program at the level of the worker and the employer.” Operating Principle: “Regulated participation in the overseas employment program at the level of the worker and the employer.” 1. Information: a) Pre-employment orientation seminar a) Pre-employment orientation seminar b) Pre-departure orientation seminar b) Pre-departure orientation seminar 2. Training 2. Training 3. System of regulated recruitment 3. System of regulated recruitment a) Verification a) Verification b) Joint and several liability of recruiter b) Joint and several liability of recruiter and employer enforceable against bond and employer enforceable against bond c) Standard contract c) Standard contract

Programs  Stage 2: On-site Protection - Filipino Workers’ Resource Center (FWRC) (FWRC) - financial literacy program - skills upgrading - One-Country Team Approach - One-Country Team Approach - Voluntary Repatriation Program - Voluntary Repatriation Program - Legal Assistance - Emergency Response

War, Labor Unrest, Civil Disorder, Natural Calamities Number of OFWs Repatriated  Dili, Mar OFWs  Lebanon, Jul OFWs  Kazakhstan, OFWs  Georgia, OFWs  Gaza, Filipinos  Haiti, Filipinos  Egypt, Feb OFWs  Libya, Mar OFWs  Yemen, Sept OFWs  Syria, Oct OFWs

Statistics on Hijacking in Somalia As of 03 October 2011  748 Filipino seamen had been hijacked on board 62vessels (29 March 2006 – 20 September 2011)  733 have been released on board 58 vessels  22 remain held by pirates on board 4 vessels

Programs  Stage 3: Return and Reintegration - The National Reintegration Center - Social Security Agreements - portability of benefits - totalization of contributions

Challenges  Stage 2: On-site Protection 1.The problem of run-aways in the informal labor sector informal labor sector 2.Quick-action response: 2.Quick-action response: a) immediate=emergency assistance a) immediate=emergency assistance b) post-emergency: b) post-emergency: - legal issue – “absconding” - legal issue – “absconding” - labor issue – conciliation - labor issue – conciliation or repatriation or repatriation

Challenges  Human Trafficking  Illegal Recruitment

The Bottom-Up Approach  Bilateral - 70 Bilateral labor agreements  Regional - ASEAN Declaration Bali Process - Colombo Process  Global - Global Forum on Migration and Development (GFMD) - Global Forum on Migration and Development (GFMD)

Conclusion “The very nature of trans-national migration demands international co- operation and shared responsibility” Quote cited in HCCH Preliminary Doc. No. 8, March 2006

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