How Migrant Workers Understand Social Issues

KASAMMAKO STATEMENT
Dialogue with Philippine Embassy Officials in Seoul
19 February 2012

We leaders, members and friends of member-organizations of the Katipunan ng mga Samahan ng Migranteng Manggagawa sa Korea (KASAMMAKO) are grateful for the willfulness and hospitality of the Philippine Embassy in Seoul, South Korea for engaging in dialogue about issues and concerns of pressing and prime importance to the life of Overseas Filipino Workers (OFWs).

This dialogue is being held within the context of twenty months governance of President Benigno Aquino III who in his inaugural speech promised to "discourage" aspiring overseas Filipino workers (OFWs) from going abroad, but failed to implement tenable and sustainable plan for employment of millions in the home country. Together with Migrante International we observed that “under the Aquino administration the labor thrust is still the same of previous administrations – the intensification of peddling unemployed and underemployed Filipino workers who were forced to accept dirty, dangerous, and dehumanizing jobs abroad without concrete protection for their well being, safety and labor rights." This means that the government is failing to create local jobs with decent pay and benefits for the Filipino people. The reality of forced migration cannot therefore be denied.

In this dialogue we declare the following perspectives on the issues and concerns that directly affect the life and well being of OFWs:

1. The 160% increase in Philhealth premium and budget cut on allocations for assistance to nationals in distressed situations. We oppose the Circular No. 022 of Philhealth Board that prescribes 100% to 160% increase in premium contributions for National Health Insurance Program (NHIP). The circular will be implemented on July 2012 and will affect all members of Philhealth including the OFWs. The circular included a wide ranging of exactions for revenues from: a) sponsored program, b) partial subsidy scheme, c) individually paying and overseas workers program, and d) employed sector.

We oppose this because this is one form of legalized exaction and an additional financial burden on the shoulders of OFWs. This violates the very intention of the Overseas Employment Certificate (OEC) where it has been stipulated that OFWs should not be subject to any form of taxation and this directly affect even agency-new hires who are obliged to enroll with Philhealth for them to get an OEC. Also this violates Republic Act 8042 which was amended by RA 10022 that prevents whatever additional charges on government services to OFWs and their families. Worse still, the OFWs would pay the highest premium but are not assured of the benefits derived from their contributions and most often OFWs get sick abroad and not in the home country. The 160% increase in Philhealth is unjustified because of the worsening economic crisis both in and outside the country where OFWs live and work. The connection between the budget-cut for assistance to nationals carried by the DFA shows the apathy of the government on the plight of OFWs worldwide. While the dollar remittances continually increase every year, the OFWs are getting lesser social services from the government.

2. We urge the Philippine Congress to amend Article 26 of the Revised Family Code that infringes on the right of Filipino citizens who are married to foreign nationals to re-marry after initiating a divorce. Although the letter of the law does not necessary imply that in order to re-marry, one has to prove that the divorce was initiated by a foreign spouse, and that he or she has to seek judicial recognition of said divorce before a competent Philippine court, but actual practice says so. Marriage migrants who have underwent the process of having their divorce with their foreign spouse recognized in the Philippines have paid exorbitant legal fees and complex legal documentary processes. This law is unfair, especially to Filipinos in abusive conditions. It is discriminatory and makes every Filipino marriage migrant more vulnerable to abuse and exploitation. This law should be amended to allow Filipinos married to foreign nationals to re-marry after a divorce, regardless of who, between the two parties involved, initiated the divorce. KASAMMAKO has been involved in an international signature campaign for the amendment of Article 26 of the Revised Family Code.

3. Pursue legalization of undocumented migrant workers and put a stop to crackdown as an immigration strategy of the Korean government to curb the number of undocumented migrants while denying the need of skilled and culturally well adopted migrant workers in the Small and Medium scale Enterprises (SMEs). The immigration and labor laws are not synchronized to allow the legalization of undocumented migrant workers who have worked in the country and possess necessary skills and expertise in the various industries. All the newly approved labor and immigration laws only allow migrant workers who are legally staying in the country. The National Assembly of the Republic of Korea need to enact a law that will allow amnesty to undocumented migrants workers who have worked in the country for a definite period of time and has proven competency and skills in their particular occupations. The Ministry of Employment and Labor (MOEL) can come up with industry skills inventory and assessment of all undocumented foreign workers and propose to the National Assembly to revise immigration laws and consequently give legal visa status for them to be fully integrated into the labor force. The UN Convention on the Protection of the Rights of Migrants and their Families is the blueprint of what is possible in the legalization process of undocumented migrant workers. This of course can be realized just like the extension of employment term of EPS workers which was realized through the struggle of migrant workers themselves with the support of their employers and government institutions like the Philippine Embassy. We oppose all forms crackdowns on undocumented migrant workers for these are violations of their human rights.

4. The Employment Permit System (EPS) foreign workers employment term extension by way of amendment to the has been duly approved by the National Assembly of the Republic of Korea last December 29, 2011 but was officially woven into law in February 1, and thereafter become effective in July 2, 2012. KASAMMAKO as an alliance of organizations of OFWs in South Korea has been a part of the success in pursuing employment term extension for migrant workers. We also appreciate the support of the Philippine Embassy officials for this success, although at the outset POLO was adamant, passive and showed sheer indifference in pursuing employment term extension for EPS workers.

Based on our study, amendments were made on Articles 18-4, Exemption from Restriction on Re-entry and Re-employment and Article 25, Permission to Transfer to Another Business of Place of Business of the Act of Foreign Workers Employment, etc., or Act No. 6967 or known as the EPS Law. The Philippine Overseas Labor Office (POLO) in Seoul has informed the Filipino community leaders of the following information::

The main reasons why the term extension was ratified are: businesses are complaining of losing skilled workers, and some foreign workers are overstaying in Korea illegally. Against this background, the amendment was pursued as a practical alternative. The MOEL failed to ensure the labor supply for the SMEs, the amendment was a legal recourse so that the quota for foreign workers to be allowed into Korea is set at an adequate level each year. The new system is intended to bring in quality foreign workers and encourage those workers to work hard during their employment period without increasing the total number of foreign workers to be introduced.
The new amendment requires departing foreign workers to stay in their home countries for at least three months. This requirement is imposed in order to avoid inadvertently meeting the general naturalization requirements (staying in Korea for five consecutive years or more) under Article 5 of the Nationality Act.
The government promulgated the amendment to the Act on Foreign Workers Employment, etc., containing these features, on February 1. The amendment will come into effect on July 2, 2012.

The amendment will apply to foreign workers whose employment period (4 years and 10 months) will expire after its enforcement date (i.e. Jul. 2, 2012). Any employer who wants his/her foreign worker to re-enter Korea and continue to work in his/her workplace should make an application to the competent job center before the foreign worker leaves Korea. No more Korean language test result is required. Qualified workers are those who have worked with their employers for more than a year and should not be over 38 years old.

What we urge the Philippine POLO office is to disclose and confirm clear-cut application procedures and other details prescribed in the approved amendments to the Enforcement Decree and Enforcement Regulations of the Act of Foreign Workers Employment, etc., or Act No. 6967 or known as the EPS Law. Many OFWs whose term of employment end prior to the date of effectivity of the amendment are in a quandary and confused what are the possibilities for them to continue working in the country.

In conclusion,

KASAMMAKO believes that forced migration has been a product of social injustice in the Philippines and the EPS is an instrument of enslavement of the neo-liberal capitalist globalization. The failure of the present and past Philippine governments to provide decent employment for its people in the home country and the need for cheap and docile workers in destination countries are the root causes of this. The social costs of forced migration have been insurmountable and more grievous circumstances evolved as the global economic recession worsens. Therefore it is an imperative that the Philippine government should immediately change its policies and create decent and meaningful employment for the potent working population of the Philippines. +++

People telling salary to grow

APMM News Digest- January 2012 edition

ARTICLES OF THE JANUARY 2012 APMM NEWS DIGEST


Migrants Are Ready, PH Government Is Not
Migrante Middle East slams PH government’s slow response to OFWs in Middle East Crisis

Migrante Middle East, an organization of overseas Filipino workers based in the Middle East countries, criticized the Philippine government for adapting a wait-and-see stance despite a growing campaign for the rescue, evacuation and eventual repatriation of OFWs in the Middle East, particularly in Syria.

In a report published in the Philippine newspaper The Manila Times, John Monterona, regional director of Migrante Middle East, evacuation efforts have been notably slow for OFWs trapped in many Syrian cities where there has been heavy fighting between the Syrian government army and militants.

As per the report, Monterona and his group has noted around 100 distressed OFWs seeking temporary refuge at the Philippine Embassy’s Filipino Workers Resource Center (FWRC). The said OFWs have reportedly been there from three to six months and are still awaiting repatriation.

He furthered that requests for repatriation have been sent to the Philippine ambassador to Syria yet no acknowledgment or reply has been received from neither the ambassador nor the embassy’s Assistance to the Nationals staff. The Assistance to the Nationals, or ATN, is a part of the Philippine Department of Foreign Affairs stationed in Philippine embassies and consulates and is responsible for facilitation of repatriation, coordination with next-of-kin relatives, mediation and conciliation, and providing legal advice, counseling, and prison visitation.

Not learning its lessons

Migrante Middle East noted strongly that the Philippine government seemed to have not learned its lessons from its previous weaknesses of

evacuating and repatriating distressed OFWs during the Libya and Egyptian protests. During those times, said the group, the Philippine government also took a wait-and-see position.

The said administration took weeks to respond amid the clamor of various OFW organizations, including the Migrante Middle East, to ready the government contingency plans so as to have the government could easily respond to OFWs’ need and call to be repatriated.

The administration, the group also said, has taken cue from other governments who were already rushing efforts to immediately evacuate and repatriate their own nationals as the peace and order situation in Libya worsens.

More needing help

While the Philippine government is doing its duty to assist distressed OFWs in crisis-stricken parts of the Middle East and North Africa, said Migrante Middle East, its efforts are “lacking and still wanting.”

The group raised concerns that if the Philippine government, especially its embassies in the region, does not hasten response and action early this on, it will be difficult for them to help especially those in far-flung areas in Syria, like Latakia, Homs and Dera’a.

Migrante Middle East challenged the Philippine administration, especially those taking diplomatic posts, to map early the locations of OFWs in these areas with the help of local agencies and the Syrian authorities as well as identify rallying points in every place. The group roughly estimates 18,000 to 20,000 OFWs, including undocumented migrants, in Syria.

Finally, the group said that Philippine government should learn its lessons from the Libya uprising and start taking action as it will find itself in a difficult situation should a political crisis worsen in a country like Saudi Arabia where 1.2 million OFWs are situated.

-----------------------------------------

TUTI TURSILAWATI
Another Indonesian migrant worker sentenced to death in KSA

Death penalty victimizes migrant workers in the Kingdom of Saudi Arabia who opt to defend their life, human rights and dignity.

Tuti Tursilawati, 27, is an Indonesian migrant worker sentenced to death for the alleged murder of her employer.

She arrived in Saudi Arabia on September 5, 2009 to work as a domestic helper in the city of Ta’if, western province of Mecca.

According to news reports, her employer attempted to rape her on May 11, 2010. In defense of her dignity Tuti hit him with a stick that resulted to his death. She then fled.

She was subsequently arrested by the police in Ta’if. No investigation had been reportedly made about the alleged rape.

Tuti’s family in Indonesia, together with different migrant organizations and serving institutions like MIGRANT CARE, appealed to the Indonesian government to save the life of Tuti. They acknowledge the fact that Tuti might be another Ruyathi binti Sapudhi executed in June 2011 if the government fails to save Tuti’s life.

Currently, there are 26 Indonesian migrant workers facing death penalty in the Kingdom of Saudi Arabia, five of whom have received a death sentence: Tuti, Sutinah, Siti Zaenab, Aminah and Darmawati.

The Indonesian government through its former president BJ Habiebie is trying to negotiate with the employer’s family and officials of the Saudi government to save the life of Tuti. Most often, efforts to release the victim always involve ‘blood money’ as payment to the employer’s family.

The Saudi government’s policy of granting pardon or forgiveness to victims like Tuti solely depends if the condition set by the employer’s family is met.

This seemingly unending pattern of abuse and exploitation experienced by migrant workers who in act of self-dedense would kill their abusive employer and the demand for payment of the employer’s family forcing the victims’ families to give-in to the latter’s demand put the migrant workers always at the losing end.

So far, no employer in KSA has been persecuted and punished for abusing and exploiting the migrant workers like Tuti. And no migrant workers gained justice from the abuse and exploitations that they suffered.

Unless significant reforms have been made in KSA -putting strong and relevant support and services mechanisms that will truly protect and uphold the life, human rights and

dignity of migrant workers - and the sending government becoming proactive in protecting their migrant workers against all forms of abuse and exploitation, cases like that of Tuti will continue.

Meanwhile, with the swelling cases of migrant workers unfairly trialed under the judicial system of the KSA, Tuti’s family will have no choice but to give-in to the demand of her employer’s family and depend on Indonesian’s government’s efforts hoping it will save the life of Tuti.

Sources: Migrant Care and Asia Human Rights

-------------------------------------

Aksi Bersama Buruh Migran Dan Buruh Lokal Tuntut Kenaikan Gaji

Central,Rabu (25/01) tepat dihari ke-3 tahun baru China, Asian Migrant Coordinating Body (AMCB), International Migrants Alliance (IMA) dengan bebarapa organisasi buruh lokal salah satunya adalah Hong kong Confederation of Trade Union (HKTCU) mengadakan aksi bersama yang menuntut kenaikan upah. Aksi ini dimulai pukul 10.30 pagi dan berkumpul di depan bawah gedung HSBC-Central kemudian berjalan menuju ke rumah kediaman Chief Excutief Donald Tsang.

Lee Chuk Yan salah satu anggota parlement HK dalam pidato solidaritasnya mengatakan pemerintah seharusnya memberikan kenaikan upah bagi seluruh pekerja di Hongkong dan perbaikan jam kerja menjadi 8 jam/hari. Aksi kali ini diikuti lebih dari 500 demonstran dan dari ATKI-HK sendiri mengirimkan 25 orang perwakilan.

Menurut penuturan salah satu partisipant yang keberatan disebutkan identitasnya aksi kali ini sengaja dilakukan dihari ketiga di tahun baru China karena menurut kepercayaan China di hari ini tidak baik mengucapkan selamat tahun baru dan mereka tetap melakukan karena ini sebagai tanda perlawanan. Meskipun hari itu cuaca sedang tidak mendukung karena hujan, namun acara tetap berjalan lancar. Aksi ini ditutup dengan dibukanya konferensi pers yang dihadiri oleh berbagai stasiun TV dan Media lokal.

--------------------------------------

Filipino migrants resist new health insurance hike

Filipino migrant organizations in the Asia Pacific are now up in arms over an increase in premiums for mandatory health insurance being proposed by the Philippine government. The planned hike in PhilHealth quarterly payments, previously pegged at 160% but later reduced after widespread protests, will increase regular contributions by all migrant workers across-the-board if adopted and implemented.

Early last January, the Philippine Insurance Health Corporation through its Board of Directors announced it will raise Philhealth premiums beginning July 2012. A circular (No. 022) was later issued by the same Board to he National Health Insurance Program (NHIP) affirming the increase, which will affect not only overseas Filipino workers (OFWs) but all workers in the Philippines.

The circular specifies that the previous PhP220 quarterly Philhealth contribution of OFWs will be increased to PhP600, amounting to PhP2,400 annually. On January 13, the Board backtracked and lowered the planned increase to PhP300 per quarter, or PhP1,200 annually. It also rescheduled the implementation of the hike to 2013, instead of this year.

The change of mind was apparently prompted by migrant protests in Hong Kong, Philippines and Saudi Arabia, which erupted only a few days after the Board’s initial decision. Led by Migrante International (MI) and its overseas chapters, the actions voiced the outcry of the sector through pickets in Philippine consulates, press releases and petitions.

MI chairperson Garry Martinez said that OFWs are outraged by scheduled premium increase policy, saying that they are already burdened with many tax impositions. He said that the Benigno Aquino administration has already slashed budgetary expenditures for OFW services, but it continues to charge other questionable fees on OFWs without implementing proper consultation processes with the sector and other stakeholders.

In Hong Kong, the United Filipinos in Hong Kong (UNIFIL-HK) said that the news of increased premiums is also most unwelcome to OFWs in the special administrative region.

UNIFIL chairperson Dolores Balladares said that the government had previously forced OFWs to become mandatory Philhealth members.

“Now it’s again forcing us to pay higher premiums. This is an added burden to all OFWs. We’re already burdened by so many financial requirements such as the illegal recruitment fees of recruitment agencies. Many of us are also buried in debt to trying repay loans made to financing agencies,” she pointed out.

She also expressed fear that the increased fund in PhilHealth will only be used for corruption.

“There are still controversies surrounding PhilHealth and how it’s being run. Among these is the issue of bogus claims being funded. What happened to the P530 million (US$ 123,255.81) transferred from the Overseas Workers Welfare Administration Medicare account to the electoral coffers of ex-president Gloria Macapagal-Arroyo? OFWs are war that increasing Philhealth’s funds will lead to worsened corruption in the agency,” she said.

Unifil also decried the lack of consultations regarding the pending premium hike. Balladares said that OFWs were not consulted either when the mandatory membership for OFWs to PhilHealth was implemented.

“These new policies that are seriously detrimental to the welfare of OFWs are being implemented without so much as a single consultation with the affected sector,” she said.

Balladares insisted that the Philhealth and the government’s whole health service program is increasingly turning into a “users pay” scheme instead of a government provided service.

“First the government cuts the budget for OFWs and for health services – right now only P1.25 is alloted for every Filipino’s health needs. Now, the government wants OFWs and every other Filipino with Philhealth coverage to pay higher premiums. How can that be right? The government is advancing the concept of higher payment for better health service. OFWs are always cast as the ones with money while the government’s responsibility to us – including health care provision – is deliberately neglected,” she said.

Aside from Philhealth, the Social Security System (SSS) is also proposing a hike in premium fees, while contributions to Pag-Ibig had been made mandatory for OFWs since last year.

Temporary victory

The Philhealth Board’s later decision to lower the hike was instantly lauded by these migrant organizations as a victory for OFWs everywhere that is a direct result of their actions. However, they cautioned that it is merely temporary and that the backtracking may even be a mere tactic by the Aquino government to avoid massive protests and make the hike more palatable to its migrants.

“There is still a threat that the Philhealth is still contemplating to increase our health insurance premium and that this will take effect next year, 2013,” said Migrante-Middle East coordinator John Monterona, adding that MI maintains its position that the premium hike is illegal due to its violation of the mandate of the amended Migrant Workers Act of 2010 or Republic Act 10022.

“The implementing rules and regulations (IRR) of RA 10022, Rule XVII, Sec.4 states that ‘all fees for services being charged by any govt. agency on migrant workers prevailing at the time of the effectivity of the law shall not be increased.’ Clearly the wording of this provision is mandatory,” Monterona explained.

Monterona added Philhealth has a lot of explaining to do before it can even plan to impose an increase on OFWs premiums, such as liquidity problems it incurred during the term of President Gloria Macapagal Arroyo and the quality of its services to workers.

“Philhealth cannot justify a premium hike with the current sorry state of services and benefits rendered to its stakeholders, including OFWs and their dependents,” Monterona said. He ended by declaring that Migrante International and other migrant organizations will continue to resist plans by the Aquino government to impose the Philhealth hike next year.

--------------------------------------










--
==============================
Asia Pacific Mission for Migrants (APMM)
Office Address: G/F, No.2 Jordan Road, Kowloon, Hong Kong SAR

Tel. no.: (852) 2723-7536
Fax no.: (852) 2735-4559
General E-mail: apmm@hknet.com

S. KOREA LIBERALIZES LAW ON REHIRING OF FOREIGN WORKERS

Philippine Ambassador to Seoul Luis T. Cruz reported to the Department that the Korean Parliament recently adopted measures to ease the rehiring of foreign workers who are about to finish their contracts with Korean SMEs under the Employment Permit System (EPS).



Representative Kang Sung-chun of the ruling Grand National Party, together with nine other parliamentarians, introduced amendments that created Act. No. 11276 (Revision on the Act on Employment of Foreign Workers). It was promulgated on 01 February 2012 and will take effect on 02 July 2012.

The new amendments will reduce the waiting period of foreign workers who wish to return to South Korea after completing their contracts from six months to three months. It will also exempt them from taking the Korean language test and employment training. They should meet however, certain criteria such as no record of transfer during the employment period except for justifiable cause; the sector they were engaged in is still experiencing labor shortage; and a new work contract prior to reentry to South Korea.

On 8 February, Ambassador Cruz, together with diplomats from six other embassies, met Representative Kang to thank him personally for the passage of Act. No. 11276. He recalled that the amendments were two of the four petitions signed by 2,355 OFWs and their 633 Korean employers, requesting changes in the EPS law. He added that the Philippine Embassy positively endorsed their petitions to the Ministry of Employment and Labor (MOEL) in March 2011.

However, Ambassador Cruz remarked that the EPS law could stand further improvements in order to address the disruption of the operation of Korean SMEs at the end of the employment contract of their foreign workers, and the need to retrain their replacements. He suggested that the contract period of four years and ten months be reviewed and that measures be introduced in the process that will not violate the law on permanent residency and naturalization. He also suggested that the age limit of 38 years should be raised accordingly. He argued that beyond that age, the foreign worker would still be physically capable to contribute his services to the company, and would have gained invaluable experience at the jobsite by then.

Deputy Director Jang Jeong Seo of MOEL clarified that the current age limit requirement was arrived at after considering the provisional demands of domestic companies for temporary workers and the global trend of filling in the shortage of local labor in certain sectors with foreign workers who are hired on a short-term basis. He added that this matter has to be consulted with the Ministry of Justice. Representative Kang said that he would consider the age issue in future discussions at the National Assembly. He added that he would also consider related issues raised by other diplomats, particularly labor conditions in the agricultural sector, and the possibility allowing foreign workers in this sector to transfer to the manufacturing sector.

Representative Kang requested the diplomats of labor-sending countries to remind their foreign workers to abide by the laws and regulations of the host country. He also requested them to assure their workers that wages, labor standards and working conditions in Korea are at par with other advanced countries like the US. He promised to continue advocating improvements to the working conditions of foreign workers, as he believes that they should have fond memories of Korea upon the completion of their contracts.

As of last year, Korea has employed more than 278,000 foreign workers from 15 countries including 24,000 from the Philippines under the seven-year old Employment Permit System. They were employed in the manufacturing, construction, agriculture and fisheries sector.

Pursue Peace Process in the Philippines

“Stand Firm! Persevere! Proclaim the Gospel of Peace!”

Statement of the 2nd Ecumenical Church Leaders’ Summit on the GPH-NDFP Peace Negotiations
Betania Retreat House, Lahug, Cebu City
February 6-8, 2012

“This is what Yahweh asks of you, only this: that you act justly, that you love tenderly, that you walk humbly with your God.” (Micah 6:8)

We are Church leaders from five major religious federations*. We came together to reflect and discuss the peace negotiations between the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP). We listened to updates from both sides regarding the current status of the negotiations. There are positive prospects that bolster our hopes for the talks to continue but there are certain issues brought out that may hinder the process of the said talks.

One such issue, which is at the crux of the recent impasse, concerns the detained consultants of the NDFP that they claim are covered by the Joint Agreement on Safety and Immunity Guarantees (JASIG). The NDFP called for a postponement of the talks last June 2011 to give time for the GPH to release the consultants. While the GPH already released some consultants, the NDFP is demanding that the GPH honor the February 21, 2011 Joint Statement by releasing most if not all consultants covered by the JASIG. The GPH recently stated that until the reciprocal working committees on the Comprehensive Agreement on Social and Economic Reforms (CASER) shall have completed the common tentative agreement on social and economic reforms, the talks may not resume. They also stated that there will be no formal talks on issues concerning the JASIG. This in turn was seen by the NDFP as a move to scuttle the negotiations. We deeply understand the concerns of both parties.

To affirm our commitment in support of the formal peace talks and to break the current impasse, we call on the government to release in recognizance under the collective custodial guarantee of the member churches of the Philippine Ecumenical Peace Platform, the NDFP consultants who are willing to be under the sanctuary of churches. This is our way of proclaiming the gospel of peace. We call on the GPH and the NDFP to consider this offer. As Church people, we recognize that the road to a just and lasting peace is complex. But we persevere because we are certain that nothing is impossible with God and especially if we take the interests of the people at heart. We believe that there are times when we need to dare and innovate, seize the Kairos moment, so that the formal talks may continue.

We pray that this offer from us will pave the way for both parties to continue to work on the mutually agreed principles or framework upon which the peace negotiations are built. We are earnestly looking forward to the next substantive agenda, the CASER, so that the fundamental issues that bring about unpeace will be addressed.

We affirm our prophetic voices for peace and take to heart our people’s longing for the elusive peace that will create the conditions for an equitable and sustainable development of our country and people.

We fervently ask you all to join us in prayers and solidarity in this quest for a future worthy of our children.

February 8, 2012

For the Philippine Ecumenical Peace Platform:

ARCHBISHOP Antonio J. Ledesam, S.J., DD
Co-chairperson


Ms. Sharon Rose Joy Ruiz-Duremdes
Co-chairperson


MOST REV. Deogracias S. Iñiguez, Jr., DD
Head of Secretariat

---------------------------------
*Catholic Bishop's Conference of the Philippines (CBCP), National Council of Churches in the Philippines (NCCP), Association of Major Religious Superiors of the Philippines (AMRSP), Philippine Council of Evangelical Churches (PCEC) and the Ecumenical Bishops' Forum (EBF).

U.S. Out of the Philippines! U.S. Out of Asia-Pacific!

Aquino Aligns with U.S. Military Build-Up in Asia-Pacific, a Threat to Peace in the Region

BAYAN USA
February 1, 2012

Filipino-Americans across the U.S., under the banner of BAYAN USA, express condemnation and disgust over the efforts of Philippine President Benigno Simeon "Noy-Noy" Aquino III to accommodate the "new" U.S. defense strategy that entails a so-called "rebalance to Asia", including an increase in U.S. military presence in the Philippines. BAYAN USA also denounces the U.S. government's Cold War-style media offensive against economic rival China as a pretext to justify its gross expansion of U.S. military powers in the Asia-Pacific in order to increase U.S. economic, political, and military investments in the region.

Economically-Motivated
Under neoliberalism, the U.S. economy is largely dependent on the Pacific Rim, particularly because of its export position. In 2010, the 21 economies that make up the Asia-Pacific Economic Cooperation (APEC) forum accounted for 61% of U.S. exports ($775 billion) and 37% of private services exports ($205 billion). The U.S. economy's export position in the region accounts for nearly 5 million U.S. jobs. But for countries such as the Philippines, the U.S. investment and export position is at the heart of deepening crisis and poverty due to lack of sovereign claim to natural resources and territory. In line with their national interests, countries like the Philippines must wage fierce struggles against U.S. interventionism in order to assert their right to chart their own economic and political paths.

With China's economic growth threatening U.S. dominion over the region, and with Obama's push for a Trans-Pacific Partnership (TPP) agreement that would outline a US-dominated free trade zone in the region, the U.S. government has announced it will shift its military focus away from Iraq and Afghanistan and renew its commitment to assert its position in Asia-Pacific. It has found a reliable stooge in the Aquino government. Recent negotiations framed as a Strategic Dialogue between top Washington security and defense officials and the Aquino administration have laid the ground work for the consolidation of the Philippines as a key U.S. military base location, serving as a permanent staging ground for U.S. military offensives, storage space for surveillance drones, resupply and refueling station for U.S. warships and aircrafts, as well as rest and recreational facility for U.S. servicemen.

In addition to violating Philippine national sovereignty, Aquino's compliance in accommodating U.S. saber-rattling seeks to undo the 1991 landmark decision of the Philippine Senate to reject the U.S. bases treaty that essentially shut down permanent U.S. military bases in Subic Bay and Clark Air Field by once again opening these ports for indefinite and "rotational" basing of U.S. troops and throughout the archipelago.

Aquino Positions the Philippines in the Crossfire
Not only does the Aquino government reach an all-time high in the barometer of U.S. puppetry with these negotiations, it is aligning the Philippines with a military scheme that will threaten peace in the entire Asia-Pacific region. The U.S. government, driven by its war-dependent economy, is expanding its military presence in Asia-Pacific region under the rhetoric of security in the South China Sea and in particular the territorial dispute over the Spratly Islands, when in fact it seeks an excuse to provoke military aggression and create a war-like situation against China that will boost its military-industrial complex at the expense of surrounding countries. Such compliance on the Aquino government's part will surely position the Filipino people in the middle of the crossfire.

Starting with the Philippine-American War of 1899, which marked the advent of U.S. imperialism onto the global stage at the turn of the 20th century, 113 years of U.S. geopolitical strategy in the region has left the Philippines with a tragic history and ongoing reality of U.S. military infestation whose social costs have burdened its people with untold pain and misery. From hosting the largest U.S. permanent foreign military bases to succumbing to the onerous US-RP Mutual Defense Treaty (MDT)—the mother of all unequal military treaties and agreements—to the virtually permanent Visiting Forces Agreement (VFA), over one century of U.S. military presence in the country has been directly linked to the indiscriminate killings, rape and other sexual offenses, massive displacement of rural communities, waste, disease, and other forms of human rights abuses.

Call for Resistance & Solidarity
As Filipinos in the U.S., BAYAN USA sees concretely how both the Aquino and Obama governments—guardians of financial oligarchy—are acting in betrayal of the broad interest of the Filipino and American peoples. Just as the poor grow poorer in the Philippines under Aquino's failed economic policies, so are the working people in the U.S. forced to carry the heavy burden of paying for a debt crisis they did not create. As people's resistance to the intolerable 1% escalates amidst the crisis, BAYAN USA joins the call for greater solidarity between people in the U.S. struggling against the U.S. military-industrial complex and for economic equality and the Filipino people's ongoing struggle for genuine national independence and democracy. This must translate to greater efforts to expose and oppose the U.S. geopolitical strategy in the Asia-Pacific region as a scheme of the purveyors of crisis and war to maintain tight control over the region's wealth. People's resistance and firm solidarity are key in our efforts to frustrate U.S. interventionism in the region!

U.S. OUT OF THE PHILIPPINES!
U.S. OUT OF ASIA!
JUNK THE US-RP MUTUAL DEFENSE TREATY!
JUNK THE US-RP VISITING FORCES AGREEMENT!
UPHOLD PHILIPPINE NATIONAL SOVEREIGNTY!
LONG LIVE INTERNATIONAL SOLIDARITY!

Reference:
Bernadette Ellorin
Chairperson, BAYAN USA
chair@bayanusa.org

AMENDMENT TO EMPLOYMENT PERMIT SYSTEM (EPS) in South Korea

Term extension and initial information on implementing guidelines

02 February 2012

Dear FILCOM,

With reference to the employment policy update uploaded by the Ministry of Employment and Labor in its website, ( please refer to this link ), please be advised that the amendment ( special case on the limitation of re- entry employment) to the Act on Foreign Workers Employment,etc will take effect on July 2, 2012.

According to the MOEL , the amendment will apply to foreign workers whose employment period ( 4 years and 10 months ) will expire after its enforcement date ( July 2, 2012). The application procedure and other details will be prescribed in subsequent amendments to the relevant Enforcement Decree and Enforcement requlations.

For your information.

Thank you.

Atty. Felicitas Q. Bay
Labor Attache
Philippine Overseas Labor Office
Embassy of the Republic of the Philippines
5-1, Itaewon 2-dong, Yongsan-Ku, Seoul, 140-857 Korea
Tel: 82 2 3785 3634/5; Fax: 82 2 3785 3624
labor@philembassy-seoul.com
www.philembassy-seoul.com
---------------- ---------------------------- -----------------
Reference: http://www.moel.go.kr/english/topic/employment_policy_view.jsp?&idx=896

Hard-working foreign workers can be reemployed in Korea after 3-month stay in their home countries


Foreign workers who have worked with integrity in Korea for 4 years and 10 months and then return to their home countries will be allowed to re-enter and find work again in Korea after a lapse of three months since their return. They will also be able to work in the same workplace where they used to work just before departure without having to undergo a Korean language proficiency test or employment training.


- Currently, if a foreign worker goes back to his/her home country after the end of his/her employment period, he/she can be re-employed in Korea under the Employment Permit System after six months. In such cases, the foreign worker is not guaranteed a job in his/her previous workplace, let alone re-employment, and is required to go through a Korean language test, employment training and other procedures again.

The new amendment requires departing foreign workers to stay in their home countries for at least three months. This requirement is imposed in order to avoid inadvertently meeting the general naturalization requirements (staying in Korea for five consecutive years or more) under Article 5 of the Nationality Act.

To re-enter and find employment again in Korea, a foreign worker will have to have worked in a workplace of the type and size determined by the Foreign Workforce Policy Committee in accordance with the amendment for 4 years and 10 months without a change of workplace.

(The size and type of business will be determined in a way that will cover workplaces having difficulties in employing native Korean workers, such as those in agricultural, livestock and fishing industries and small manufacturers. A separate public notice will be given of such size and type.)


The government promulgated the amendment to the Act on Foreign Workers Employment, etc., containing these features, on February 1. The amendment will come into effect on July 2, 2012.

The amendment will apply to foreign workers whose employment period (4 years and 10 months) will expire after its enforcement date (i.e. Jul. 2, 2012). Any employer who wants his/her foreign worker to re-enter Korea and continue to work in his/her workplace should make an application to the competent job center before the foreign worker leaves Korea.

* The application procedure and other details will be prescribed in the subsequent amendments to the relevant Enforcement Decree and Enforcement Regulations.
The number of foreign workers who have to return to their home countries as their employment period expires is expected to reach 67,000 this year.

Businesses are complaining of losing skilled workers, and some foreign workers are overstaying in Korea illegally. Against this background, the amendment was pursued as a practical alternative.

So far, once the quota for foreign workers to be allowed into Korea is set at an adequate level each year, the Ministry of Employment and Labor has brought in new workers to fill the entire quota. However, from now on, it will fill some of the quota with foreign workers whose integrity has been verified under the new system.

The new system is intended to bring in quality foreign workers and encourage those workers to work hard during their employment period without increasing the total number of foreign workers to be introduced.

It also aims to help companies keep skilled foreign workers and to reduce the number of illegal foreigners.

Meanwhile, the amendment contains changes regarding foreign workers' change of workplace.

Up until now, even in case a foreign worker moves to another workplace due to the revocation of an employment permit issued to the employer or any violation of the required working conditions, it has been counted towards the total number of workplace transfers. However, from now on, such a transfer will not be added to the total.

* A foreign worker cannot move to another workplace more than three times during his/her three-year initial employment and more than twice during his/her two-year re-employment.

The specific criteria a foreign worker should meet if his/her transfer to another workplace is not to be included in the total number of workplace transfers will be announced by the Minister of Employment and Labor.

Lee Tae-hee, the Director General of the Manpower Policy Bureau, predicted, "This revision will contribute in part to the availability of skilled workers among firms and a fall in the number of illegal foreigners." He also said, "To ensure the smooth application of the amendment in the workplace, the government will take stronger measures to counter illegal stay and employment of foreigners, and actively provide job placement services so as for native Korean workers to be employed in companies with relatively better working conditions."