Place:  Riyadh Intercontinental Hotel

Date:   October 6, 2000

Summit’s theme: Filipino Migration: Issues and Concerns

 INTRODUCTION

The summit’s theme was “Filipino Migration: Issues and Concerns”.

Leaders of numerous civic organizations served as counterpart to the Manila delegation during the forum.  

The one-day summit, organized by OFWs themselves through the leadership of the Riyadh OFW Congress (OFWC), was the first-ever of such kind to be held in the Middle East. The Philippine Overseas Labor Office or POLO in the Philippine Embassy assisted the OFWC in making the Summit a reality. 

PANELISTS:

Ambassador Rafael E. Seguis

Senator Raul S. Roco

Assistant Secretary of DOLE – Danilo P. Cruz

POEA Administrator Reynaldo A. Regalado

OWWA Director Rustico SM de la Fuente

Minister Mariano A.  Dumia

 ***

Emcees Mr. Noel Santos and Ms. Gina Abitona

Invocation: Mr.  Musama Piti-ilan of UMA, and Mr. Ed Resurreccion of Bukabin.

National Anthem Conducted by: Ms. Evelyn Escober (Leybisa)

·           Opening Remarks: President of the Executive Council of the Riyadh OFW Congress

·           Introduction of Keynote Speaker, Ambassador Seguis, by: Mr. Flavio Biox Manilum, President of BISAYA,

1-         PRE-EMPLOYMENT ISSUES.

ISSUE # I Absence Of Facilities To Guide Job-Seekers In Choosing Between Overseas And Local Employment

Workers are misled by false information and unscrupulous recruiters, many ending up suffering psychologically and emotionally  and unable cope with  the hazards of overseas employment.

ISSUE # II Proliferation Of Illegal Recruiters

It was observed that there is a significant number of workers in the Kingdom that were deployed by illegal recruiters. 

Current deployment policy is “too restrictive” thereby creating an environment conducive to the proliferation of illegal recruiters.  Foreign employers’ avail of the services of the illegal recruiters because they could provide speedy solutions to their urgent need for manpower.

Recommendation:

POEA should review its regulatory policy on deployment that causes illegal recruitment. Moreover, the government, through the POEA, should adopt an effective identification system of legal recruiters for ready reference to the workers.

ISSUE # III Unclear Policy On How Much The Worker Should Pay In Exchange For Overseas Employment

Applicants were asked to pay either of the following:  a) placement fee; b) placement fee plus processing fee; and c) placement fee, processing fee plus IQAMA (Kingdom’s working permit) and visa fees. Many OFWs are charged salary deductions that they consider unjust.

ISSUE # IV Double Contract Practices By Recruitment Agencies

Some agencies require the worker to sign two contracts before leaving the country, one is the POEA-contract that is used for exit purposes and other is the “real” contract that the worker submits to the employer. This practice was allegedly due to “unrealistic” wage standard set by the POEA. Oftentimes, wage set by the POEA is higher than the wage offered by the employers. The double contract practice is also due to the inability of the employer to secure the visa appropriate to their needs, as there are some jobs that the Saudi government prohibits them from employing expatriate workers. Hence, to meet their manpower needs, the employer hires a worker using a visa that is different from the real position intended to the worker.

0          ISSUE # V:     Deployment of Unqualified Workers

 o          ISSUE # VI:    Ineffective Pre-Departure Orientation Seminar (Pdos)

2.         ON-SITE EMPLOYMENT ISSUES

o          ISSUE # VIII:  Difficulty To Adjust In New Environment

o          ISSUE # IX:    Delay On The Shipment Of Remains

o          ISSUE # X:     Delay On The Repatriation Of Stranded OFW

o          ISSUE # XI:    Non-Payment/Delayed Payment Of Salaries & Alowances

o          ISSUE # XlI:    Physical And Sexual Harassment

There is an alarming number of cases of physical and sexual harassment particularly among the domestic helpers committed either by their employers, co-workers and others that are not given justice due to lack of legal assistance and their ignorance on actions to undertake.  As of now, legal assistance is limited only to workers who are respondents to cases filed against them, especially criminal cases.

o          ISSUE # XIII:  Absence Of Safehouse For Male OFWS

The runaway male OFWs are vulnerable to imprisonment and diseases because of the absence of safe house for distressed male OFWs as against the female runaway OFWs who could take shelter at the POLO’s Bahay Kalinga.

o          Recommendations:

POLO should set up one safe house to accommodate the runaway male OFWs.

o          ISSUE # XlV:  Inadequate Government Support Services In Remote Areas In The Kingdom

Due to the absence of POLO satellite office in areas like Buraidah, Hafar AI-Batin, Tabuk, Hail and areas that are very far from Riyadh Center, services to workers who experience difficulties in their employment are delayed and are not delivered effectively. This is complicated by POLO’s absence of vehicles and lack of personnel. Ironically, POLO Riyadh is the only Post that has no OWWA service vehicle despite having, under its jurisdiction, the most number of OFWs in the Kingdom.

o          Recommendation:

POLO should set up another mobile office in areas far from the Riyadh Center that is similar to the Eastern Region Operation (ERO) in Al Khobar to facilitate the delivery of services needed by the workers. Accordingly, OWWA should provide service vehicles to allow mobility of POLO in delivering services to the remote areas. And to complement the limited POLO staff, POLO should tap the assistance of the community organizations under its ACP program, and it is highly recommended that the ACP program be expanded, institutionalized and adequately funded.

o          ISSUE # XV:   Lack Of Professional Counseling Services For Distressed Workers

There is a need for the distressed workers to be given counseling to help them cope and recover from their plight.  As of now, POLO has no proper facilities and professional counselor to handle counseling services.

o          Recommendation:

POLO should provide counseling facilities and hire professional psychologist to undertake this activity to better help the workers cope and recover from their plight.  POLO should establish a support group composed of volunteers who are trained to provide counseling services.

o          ISSUE # XVI:  Lack Of Assistance To Jailed OFWS

Due to restrictions imposed by the host country on access to jailed OFWs, communication with the detained OFWs is really difficult or almost impossible.

3.  POST-EMPLOYMENT ISSUES

o          ISSUE# XVII:  Difficulty To Meet Both Ends While The Returning OFW Is In The Process Of Getting Employment

Many returning OFWs resort to selling their properties to be able to meet both ends while they are in the process of looking for a job. And in the absence of job, they could not avail of any loan facility that could temporarily help them out during their adjustment period.

o          Recommendation:

The government, through the SSS, should provide loan facility to returning OFWs who are SSS members while they are in the process of looking for a job. It is recommended that the POEA should require mandatory membership to all OFWs to the SSS to ensure that they could avail of its services.  It is also recommended that a Reintegration Pension Plan should be set up, the fund of which should be derived from the proposed OFWs US$25 OWWA annual membership fee. The government, through the Labor Office of the Philippine Embassy, should also intensify its reintegration program to include seminars on savings and investment and various livelihood projects to help the OFWs acquire skills in entrepreneurship and proper financial management.

o          ISSUE # XVIII:            Stiff Competition In Job Placement

Having been abroad for a long time, the returning OFWs faces the difficulty in competing for limited employment jobs with the local labor force, because, among others, of age factor and lack of new skills.

o          Recommendation:

Government through the Philippine Embassy, should provide the OFWs employment enhancement seminars and workshop and extend scholarship to qualified OFWs to undertake skills upgrading program. An in-house training and seminar facilities should be set up in areas where there is POLO center. The training and seminar should be undertaken in cooperation with the various community organizations.

o          ISSUE # XIX:  Accreditation Of OFWs’ License Acquired From Working Abroad

OFWs who were issued license by the host country to practice their professions, i.e. engineers, doctors, laboratory technicians, pathologist, radiologist, etc., find difficulty in renewing thair licenses upon returning to the Philippines.  There were even instances that their practices were hampered and/or controlled by the medical societies whose manipulations are centered more on controlling professional competitions.

o          Recommendation:

The government, through the Professional Regulation Commission (PRC) or any concerned government agency, should facilitate in the issuance of the license of the returning OFWs who have already secured license prior to their overseas employment.  Furthermore, the government should blacklist or cancel the license and/or accreditation of any interest groups that could hamper the practice of profession of any returning OFWs.

o          ISSUE # XX:   Tedious/Long Legal Procedure In Securing Claims From The Agency

Under the present government legal system, hearing on the cases of returning OFWs who have claims from their deployment agents lasted from one to two years before they could collect their claims. This compounded the difficulty of the returning OFWs in meeting their needs not to mention the additional burden on their physical as well as emotional self.

o          Recommendation:

The POEA and the National Labor (NLRC) should review jointly the legal procedure and policy in filing claims.  They should also jointly adopt measures that could facilitate in the immediate settlement of the case of the workers against their deployment agents.

4.  OTHER CONCERNS:

o          ISSUE # XXI:  Creation Of An Ofw Data Base

Host to over 750,000 OFWs in the Kingdom, it is ironic that the Philippine Embassy and the Philippine Overseas Labor Office (POLO) do not have a listing of OFWs deployed in the Kingdom.

o          Recommendation:

It is recommended that the POEA should provide, on monthly basis, the Philippine Embassy, through the POLO, an updated list of deployed OFWs in the Kingdom.  The list shall contain employment details like position and skills, name and address of employer, terms of contract as well as the name of the deployment agent/agency.  This is to facilitate immediate extension of assistance to the OFW should need arises.  At the same time, the availability of the data could also served as basis in determining the OFWs marketability in the global employment market.

o          ISSUE # XXII: Establishment Of An Ofw Funding Corporation (Ofwfc)

In the absence of a concrete financial assistance program for the returning OFWs, an institution that would cater specifically to the needs of the OFWs should be established. This is also to serve the interests of the OFWs who failed in their overseas employment, and those who could not immediately find local employment after their work abroad.

o          Recommendation:

The capital in the establishment of OFW FUNDING CORPORATION (OFWFC) will be generated from among the OFWs.  OFWFC shall serve as the holding company.  It will form a bank, and other firms that shall promote investment opportunities that will cater primarily to the employment of returning OFWs and their dependents.  OFWs contributions shall be equal and will be converted into a common stock.  A stockholder is entitled to vote and dividend.  A Board of Trustee that will be composed of representatives from the SSS, OWWA, from other government sector and/or non-government institution and majority from among the OFWs who will be elected by the stock holders, will oversee the operations of the OFWFC.

o          ISSUE # XXIII:            Absentee Voting

The millions of OFWs worldwide have been waiting for the approval of the proposed Bill allowing all OFWs to exercise their right to vote even while they are out of the country.

o          Recommendation:

It is highly recommended that the proposed Bill on absentee voting should be immediately passed and ratified so as not to deprive the OFWs of their of suffrage.

o          ISSUE # XXIV:           Tax-Exempt Cars For Returning Ofws On Final Exit

In Consideration to the great help that the OFW is extending to the government through their dollar remittances, the government should provide tax exemptions to cars brought by returning OFWs on final exit.

o          Recommendation:

Tax exemptions on the cars brought by returning OFW on final exit could only be availed upon the approval of the Department of Finance depending on the recommendation of the POEA and the Bureau of Immigration.  The OFW should also present a certification from his/her employer attested by the Embassy that he/she is leaving on final exit.

 o          ISSUE # XXV:            Status Of POEA

 Pursuant to the progressive policy of deregulation in Section 29 and 30 of the Migrant Workers and Overseas Filipinos Act of 1995, the POEA should be phased-out of its regulatory functions within a period of five (5) years from the effectivity of this act.

o          Recommendation:

It is highly recommended that the POEA retain its regulatory function.  However, it should adopt and set realistic labor standard attuned to the current labor trend and that the POEA should also be allowed to embark on a progressive marketing strategy to help the OFWs find better job positions.

o          ISSUE # XXVI:           Proposed Amendment On The Migrant Act And Overseas Filipinos Act Of 1995 (RA No. 8042)

There are some provisions in RA No. 8042 that have to be amended to make it more OFW-friendly.  It is high time that government become more sensible to the plight of the OFWs and put more teeth in the implementation of this Act.

o          The following are the proposed amendments gathered and drawn from the views of the OFWs in the Kingdom:

5.         Proposed Amendments On The Migrant Workers And Overseas Filipinos Act Of 1995

·           Inclusion of the word “education” in Section 2 – Declaration of Policies, paragraph 9g) which shall read as follows:

(g) The State recognizes the importance of the possession of skills and adequate education and information on overseas employment. Pursuant to this, the government shall intensify its skills training, education and information dissemination programs and shall establish linkages with the sectors concerned.

·           Redefinition of  the term “Illegal Recruitment” to include illegal practices by licensed recruiters.

·           Adding specific prohibited recruitment-related practices.

·           Increasing penalties for illegal recruitment practices.

·           Amended  Role of Government Agencies

b.2  The OWWA shall, in addition to its present functions, provide the OFWs and their dependents, medical and health care services, social security-type benefits and reintegration package as may be deemed appropriate. The OWWA shall likewise established, under existing laws, manage the welfare fund and utilize the same to provide social, educational and welfare services to the OFWs.

b.2.4  Eligibilitity to Reintegration package as may be deemed appropriate

SECOND HALF SESSION

0 Senator Roco spoke about legislative agenda related to overseas employment.

 0 Asst. Secretary Cruz read the message of the DOLE Secretary.  He spoke on OFW issues and concerns from  the perspective of DOLE.

 0 Administrator Regalado addressed specific issues raised during the first hald of the summit.

 0 OWWA Director de la Fuente tackled specific issues in which OWWA has jurisdiction.

 0 Vice-President for Economic Affairs of the Executive Council of the OFW Congress, recapped all proceedings:

 NOTES:

 These issues were identified weeks before the summit through a series of dialogues among Filipinos in Riyadh.  Prior and also during dialogue proper, data -gathering was facilitated through the use of questionnaire developed to obtain OFW concerns regarding overseas employment.  The series of dialogues was meaningful in many respects but no more so than for the involvement in several meetings of distressed fellow workers whose employment-related problems had led them to abandon work and seek the assistance of POLO.  The high point of these dialogues was the workshop held at the Philippine Embassy on August 25, 2000 when participants consisting of community leaders discussed at length and finalized the the paramount issues to be covered in the summit.  The workshop, which started early morning, lasted well into the night attesting to the significance the community accorded to the exercise.