HON. WALDEN F.

BELLO
Representative

AKBAYAN Party-List
October 22, 2011

Chairmans Update: Committee Resolves Major Issues before Session Adjournment

Sa minamahal naming mga kababayan, Sa pagtatapos ng unang bahagi ng 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 labor trafficking 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 ng Philippne 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

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 committee termed 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.

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.

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 of DFA posts is in line with the governments foreign policy pillars 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, are hard-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.

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,