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C O N T E N T S Introduction Legal and Policy Framework

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Presentation on theme: "C O N T E N T S Introduction Legal and Policy Framework"— Presentation transcript:

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2 C O N T E N T S Introduction Legal and Policy Framework
Embassy’s Key On-site Assistance to Migrant Workers Reaching out to migrant communities

3 LEGAL AND POLICY FRAMEWORK
The framework consists of legal and policy instruments at the international, regional and national levels. These instruments serve as the foundation of the role of the Embassy in providing on-site assistance to protect and promote the rights of migrant workers .

4 LEGAL AND POLICY FRAMEWORK
A. International level 1. Vienna Convention on Diplomatic Relations (VCDR) 2. Vienna Convention on Consular Relations (VCCR) 3. UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families 4. ILO Declaration on Fundamental Principles and Rights at Work 5. ILO Convention Nos. 97 , 143 and 189

5 LEGAL AND POLICY FRAMEWORK
B. Regional level 1. ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers - ASEAN Committee to Implement the Declaration (ACMW) - ASEAN Forum on Migrant Labor (AFML)

6 LEGAL AND POLICY FRAMEWORK
C. National level (Philippine Experience) 1. The Philippine Constitution 2. Philippine Foreign Service Act (RA No. 7157) Migrant Workers and Filipinos Act of ( RA No. 8042, as amended by RA 10022) Anti-Trafficking in Persons Act (RA 9208)

7 EMBASSY’S ON-SITE ASSISTANCE
Operational framework for on-site assistance One-Country Team Approach (OCTA) (Executive Order No. 74 of 1993) - mode under which all officers and personnel of the Embassy act as one country team under the leadership of the Ambassador - puts into action the convergence of activities and resources of the Embassy

8 EMBASSY’S ON-SITE ASSISTANCE
2. Joint Manual of Operations in Providing Assistance to Migrant Workers and Other Filipinos Overseas (2015) - ensures efficient and effective delivery of services to Overseas Filipinos, particularly those in distress, who require prompt and proper assistance at all times. - contains the basic rules and procedures in providing on-site assistance by the Embassy

9 EMBASSY’S ON-SITE ASSISTANCE
Consular Section Assistance to National Unit (ATNU) Philippine Overseas Labor Office (POLO) Overseas Workers Welfare Administration (OWWA) Social Service Office (SSO)

10 EMBASSY’S ON-SITE ASSISTANCE
General roles of Embassy in protecting and promoting the rights of migrant workers: 1. Make representations with host government on all matters concerning rights of migrant workers, accordance of due process and humane treatment, among others; 2. Negotiate with host government to forge bilateral agreements or arrangements towards achieving decent work for migrant workers;

11 EMBASSY’S ON-SITE ASSISTANCE
General roles of Embassy in protecting and promoting the rights of migrant workers: 3. Conduct information dissemination on important matters affecting the work, safety, security, health and general well-being of migrant workers in the host country; 4. Engagement in advocacy work for migrant workers with civil society groups, NGOs, other Embassies, academe, labor groups in the host country;

12 EMBASSY’S ON-SITE ASSISTANCE
General roles of Embassy in protecting and promoting the rights of migrant workers: 5. Conduct regular dialogues with migrant communities, civil society groups, NGOs and other migration stakeholders on issues affecting migrant workers; 6. Assess the situation in host country to ensure safe and orderly employment of migrant workers ; and 7. Provide emergency assistance to migrant workers thru 24/7 crisis hotline and rapid response teams.

13 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers Assistance to Nationals Unit/DFA 1. Assistance in criminal (police) and immigration cases - provide services of lawyer/counsel, as applicable - visit prison/jail / detention centers/ holding areas - attend court hearings - inform migrant worker of the administrative and judicial remedies/options available in the host country and its repercussions

14 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers Assistance to victims of human trafficking - facilitate case documentation e.g. affidavit - work on legal stay (visa ) of victim with authorities - refer victim to institution for rehabilitation - provide temporary shelter, medical and health care - accompany victim during investigation and attend court hearing - facilitate safe, dignified and sustainable return to family and community in home country

15 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers Registration of migrant workers/nationals Mediation in cases involving members of migrant community Visit jail / prison / detention center 7. Shipment of remains and personal belongings of deceased migrant worker

16 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers 7. Repatriation of distressed and medically-ill workers 8. Rescue assistance, in coordination with police and other concerned authorities POLO/ DOLE and OWWA 9. Documentation of employment e.g. verification

17 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers of employment contracts and other labor documents, issuance of Overseas Employment Certificate (OEC), OWWA membership Conciliate/mediate disputes related to terms and conditions of employment and employer-employee relationship Assist in claims for death benefits, end-of-service

18 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers benefits, insurance and other benefits arising from employment Provide services of the Migrant Workers and Other Overseas Filipinos Resource Center (MWOFRC) , as mandated under RA 8042, amended by RA 10022, as follows: - Counseling and legal services

19 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers - welfare assistance including the procurement of medical and hospitalization services - information, advisory programs to promote social integration such as Post Arrival Orientation Seminar (PAOS) and community networking services - institute a scheme for registration of undocumented workers

20 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers - human resource development, such as training and skills training - gender sensitive programs and activities to assist particular needs of women migrant workers - orientation programs for returning workers and other migrants; and - monitoring of daily situation, circumstances and activities affecting migrant workers

21 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers 14. Provide distressed workers with temporary shelter at the MWOFRC Visit medically-ill migrant workers in hospitals, homes and worksites 16. Conduct reintegration preparedness seminars

22 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers Social Welfare / DSWD 17. Provide psycho-social services like counseling, stress debriefing, value inculcation/emotional healing., play therapy and pre-marriage and marriage counseling 18. Provide social protection services for women , children and other vulnerable groups

23 EMBASSY’S ON-SITE ASSISTANCE
Key on-site assistance to migrant workers Social Welfare / DSWD 19. Assist workers in crisis situation in terns of such needs as food, clothing, hygiene supplies, transportation and medical treatment; and 20. Provide alternative parental care services (adoption, foster care, legal guardianship).

24 REACH ING OUT TO MIGRANT COMMUNITIES
Outreach programs and strategies 1. Organize programs/ activities for the community such as national events (celebrations of Independence Day, Labor Day and Migrants’ Day) , cultural shows, games and sports, trade fair, talent and skills showcase . 2. Conduct outreach activities and services for information dissemination, medical mission , counseling and registration.

25 REACHING OUT TO MIGRANT COMMUNITIES
Outreach programs and strategies 3. Create a network of community volunteers 4. Conduct training on leadership and volunteerism for community leaders 5. Wherever possible, set up help desk in areas where workers usually congregate or visit like the church, social halls, sports centers

26 REACH OUT TO MIGRANT COMMUNITIES
Outreach programs and strategies 6. Engage community leaders to dialogues/ consultations on important issues affecting workers 7. In partnership with cause –oriented groups, conduct education/advocacy/awareness campaigns 8. Provide crisis services thru 24/7 help lines via phone , internet and social media technology

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28 SERVICE BEYOND BORDERS
Thank you !


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