chairman's update: cowa resolves major issues before session adjournment
TRANSCRIPT
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8/3/2019 Chairman's Update: COWA resolves major issues before session adjournment
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HON. WALDEN F. BELLORepresentative
AKBAYAN Party-List
October 22, 2011
Chairmans Update:Committee Resolves Major Issues before Session Adjournment
Sa minamahal naming mga kababayan,
Sa pagtatapos ng unang bahaging Second Regular Session ng 15th Congress, nilinaw ng Komite ang ilang mga
importanteng panukalang matagal nang kontrobersial at naghihintay ng resolusyon. In two separate hearings,
one on September 28 and the other on October 12, the committee resolved POEAs long-drawn out process of
certification of destination countries. The committee also closed in on the issue of decking that remains to be
practiced by the Gulf Approved of Medical Centers Association despite the ban existing ban. We also received
updates on the status of cases of abuse against OFWs being investigated in Saudi, the conclusion of the labortrafficking incident in the United States that involved 11 OFWs, the DFAs realignment and streamlining policy
and its implications on migrant Filipinos, and the status of existing ban on deployment of workers to a number
of countries.
The POEA Board Resolution on Countries Certification
Nasubaybayan po natin sa mga nakaraang hearing ang napaka-habang proseso ngPhilippne Overseas
Employment Agency (POEA) sa pag-certify ng mga bansang pinagtatrabahuhan ng ating mga kababayan, at
nakakailang miting na ring tayong lahat ay naiiwang bitin sa kakulangan ng resolusyon dito.Finally, when
POEA Administrator Atty. Carlos Cao bargained for yet another extension to determine the final list, the
committee came up with a proposal that would speed up the process, as also approved by the Department of
Labor and Employment.
According to Administrator Cao, the POEA board, in consultation with the Department of Foreign Affairs (DFA)
needed more time to assess the list as they expected serious diplomatic-economic repercussions of
decertifying certain countries that are the main destination of our kababayan. They also saw the need to
constantly revise and review the certification of countries, which are undergoing or have undergone political
upheavals. (i.e. Syria) He further clarified the rationale for this request by explaining that the POEA governing
board has had 5 successive difficult meetings in recent months, while being forced to review two board
resolutions in light of upheavals in the Middle East.
Because the Committee understood POEAs predicament at the same time that we recognized the urgency of
issuing the list of certified countries as mandated by RA10022, this representation proposed for POEA to
immediately release the resolution on compliant and non-compliant countries as already determined by the
Board, and granted POEA a 6-months grace period, or until April 2012, to determine the certification for
partially compliant countries. As partially compliant countries have shown some initiative to provide legal
coverage for the welfare of domestic service workers, particularly countries among the GCC, the moratorium
should give some leeway for them to qualify for certification.
The committee expects for POEA to provide monthly updates on the status of governing boards findings and
corresponding actions to push for the necessary reforms in destination states. We also recognize that it is
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important to capitalize on the seeming openness of receiving countries to negotiate much-needed labor
agreements to improve working conditions for our migrant workers, especially domestic workers.
This proposal was duly supported by the representative of the Department of Foreign Affairs.
On the Ban on Decking Practices
The committee zeroed in on the status of decking, or the monopoly of processing and issuing medical
certificates overseas workers practiced predominantly by Gulf Accredited Medical Clinics Association (GAMCA)
that compiles all medical requirements and farming out the various tests and procedures to only to a number
of accredited or member clinics at a steep price. RA 10022 was supposed to ban decking, however the
Committee received reports of its continued practice.
In the September 28 hearing, the Committee found out that GAMCA won a temporary restraining order when
it questioned the constitutionality of the decking ban. The GAMCA controversy deepened as the Department
of Health representative Atty. Nicholas Lutero said that the DOH received no guidelines regarding the process
by which the Council of Health Ministers of the Gulf Cooperation Council accredited GAMCA members. It was
also revealed that while 17 clinics operated under GAMCA in Luzon, there also existed what the committeetermed GAMCA-south, 4 clinics and Visayas and Mindanao accredited by the GCC operating independently
of the association in Luzon.
As the September 28 hearing came to a close, the Committee requested for the Department of Health to issue
an order that immediately implements the ban on decking practice. The Administrative Order issued by Health
Secretary Ona was presented to the Committee on October 12, identifying the penalties to be imposed upon
clinics that subscribe to decking: first offense, monetary penalty; second offense, penalty and suspension; and
revocation of accreditation and license to operate. The DOH has forwarded the copy of the AO to the UP Law
Centre and has published a copy of it on Philippine Daily Inquirer (October 7, 2011).
Atty. Lutero also explained that the DOH endorses criminal cases against clinics guilty of decking as this
representation pointed out that issuing administrative cases simply lacked the teeth to force clinics and
associations to follow the law. The DOH also made the commitment to revise the guidelines that ban online
encouragement of decking practices. Lutero likewise reiterated his agencys commitment to constant
monitory of clinics, and ensuring that accreditation is based on global standards, assuaging the concerns of
other participants in the hearing.
To this note, this representation encouraged the DOH to be more circumspect in its accreditation of clinics,
because this would strengthen our case for encouraging other countries to follow our laws. The committee
further suggested that the DOH conduct random, unannounced check-ups to evaluate the performance of all
clinics operating in the country.
The DOH gave its commitment to accede to the committees suggestions despite logistical limitations. It also
committed to provide the committee a complete list of certified clinics as well as the documents supporting
their certification.
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Atty. Lutero also clarified that the DOH does not require pre-departure medical check-ups for returning OFWs,
or OFWs on an existing contract, therefore there have been no changes in the Implementing Rules and
Regulation (IRR) of the DOH.
It was also in the hearings that the Committee found out that other countries practice the same controversial
procedure. Allegedly, Taiwan allows only 9 clinics to issue medical certification; Australia, 2 clinics, and the
United States, just St. Lukes Hospital.
Administrator Cao committed to provide the Committee a list of countries that require medical certificates to
be issued by an exclusive group of clinics, while the DFA committed to issue directives to all embassies
regarding the Philippine law on anti-decking practices.
Updates on Criminal Cases OFWs filed against Aggressors in Saudi
The Committee closely followed several cases of abuse of Overseas Filipino Workers that are being
investigated or prosecuted in Saudi especially after the fact-finding mission the Committee launched in the
Kingdom. Due to the sensitivity of the issue, we are providing you only the minimum updates from the DFA
regarding the cases of rape and abuse that are pending in the Saudi justice system.
According to the DFA, in at least one case, the six accused are now convicted and in jail and the DFA will not
back-down on the civil claim of the victim for 150,000 Saudi Riyals per accused.
Unfortunately, other victims have backed out from filing criminal cases for undisclosed reasons. According to
the DFA, this will also make the payment of civil liabilities to the victim more difficult to attain since has
commonly been issued if the accused were imprisoned.
We expressed anger that in one case, the charge of rape against an officer in the Saudi Navy was dismissed by
Saudi courts, when in this representations opinion, the act of rape was clearcut. The DFA promised to submit
a detailed report on all the cases to the Committee.
Status of the Los Angeles 11 Case
In April, the Committee issued its investigation the case of 11 Overseas Filipino Workers who were trafficked
in the United States, as prompted by a privilege speech delivered by Deputy Speaker Lorenzo Tanada, III. The
committee investigations revealed several unsettling realities: the expansion of trafficking syndicates in the
United States appeared to be abetted by high-level officials at the Philippine Overseas Employment Agency,
and they may have also penetrated the US State Department.
The case summary: 11 Filipinos were recruited by Adman Human Resources Placement and Promotions, Inc.,to work for a hotel in Virginia, their temporary work (H2B) visas sponsored by US-based global services and
staffing firm Aramark. Some of the workers claimed to have paid placement fees worth over P300,000 only to
find out that the initial work contract would not be honored. They were instead made to work at a small hotel
in Mississippi called Royal Hospitality, required to clean 14-16 rooms a day and were paid only $4.75 per room
a far cry from the $7.50 an hour that was originally stipulated in their contracts.
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Responding to outrage both in the US and the Philippines to the trafficking case, the POEA has cancelled
Admans license. Adman, appealed the case, and refused to refund the exorbitant sums it extorted from the
victims.
The update POEA gave to the Committee on October 12 was positive. The appeal that Adman made to the
Office of the Secretary of the Department of Labor (OSEC-DOLE) was denied; OSEC-DOLE upheld the
cancellation of Admans license. The writ of execution was issued a few days after the committee hearing.
The LA 11 can now collect the fees and other charges they paid to Adman.
Furthermore, the US Immigration and Citizenship Service (ICE) issued temporary visas for the 11 OFWs
allowing them to work and stay in the US pending the resolution of their cases in US courts.
The Impact of Closing Diplomatic Posts
The DFA Assistant Secretary Victoriano Lecaros said that the proposed re-alignment or streamlining of DFA
posts is pending the approval of the Office of the President for approval
Asec. Lecaros explained that the proposed closure ofDFA posts is in line with the governments foreign policypillars of preserving our national security, economic security, and OFWs interests. He assured the committee
that the proposed changes are not going to compromise the countrys core-interests. However, he did not
wish to divulge any information on the details of posts that are under consideration for closure.
Asec. Lecaros further clarified that the re-alignments are based on DFAs cost-benefit analysis of the posts
effectiveness in rendering services and promoting the countrys interests. He also mentioned that any closure
would be accompanied by a re-concentration of resources from personnel to finance in more urgent areas,
where there are more OFWs.
Asec. Lecaros also agreed to Rep. Carlos Padillas suggestion to hold an executive session to brief the
committee on the issue.
The Deployment Ban
Following the discussion on the deployment ban in Afghanistan, the Committee tackled the existing
deployment ban to other countries.
Members of the Committee raised concerns over the complications that deployment bans have posed,
especially because migrant workers continue to leave for countries that are included in the list for deployment
ban. The committee pointed out that the ban has already pushed recruitment costs to the staggering height of
US$ 5000.00 It has also expanded the black market for undocumented workers, that DFA, in times of crisis, arehard-pressed to locate and evacuate.
According to POEA Admin. Cao, deployment bans are based on a one-country approach, where the DOLE
coordinates its decisions with the DFA and other relevant agencies. Bans are thus assessed individually and
independent of the context in other countries.
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Admin. Cao explained that the rules guiding the deployment ban to Lebanon have been progressively relaxed.
According to him, OFWs that went to work in Lebanon after June 18, 2007 are not included in the ban. In fact,
contrary to the previous policy, the said OFWs could renew their contracts with an employer that has not
necessarily been the first one to hire them.
As for the ban in other countries, they are pending revision or deliberation by POEA.
As the Congress goes into recess, the committee still awaits DOLEs review of the implementation of the
Mandatory Insurance policy that is stipulated in RA 10022. We also continue to hold consultations on the issue
of creating a charter for the Overseas Workers Welfare Administration with the various groups of migrant
Filipinos across the globe.
Please rest assured that the Committee will continue to receive concerns related to the welfare of our
kababayan abroad, and will, to the best of our abilities, continue to assist migrant workers and their families
even as Congress is on recess.
Maraming salamat po sa patuloy ninyong pag- suporta. Mabuhay tayong lahat!
Sincerely,