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. +++