2014 KASAMMAKO LABOR DAY STATEMENT

2014 LABOR DAY STATEMENT

KASAMMAKO or the Unity of Filipino Migrant Workers Associations in Korea, on this Migrant Workers Labor event, expresses deep sympathy and condolences to the bereaved families of all casualties of the Sewol-ho ferry accident.

KASAMMAKO gives full support and solidarity to all migrant workers in Korea and around the world in asserting our labor and human rights and urge governments of the Republic of Korea and of our home countries to respect and uphold these rights. We believe that the proletarian working class is the leading force in the economic, political and social change in society and the world. We continue to work in alliance with other democratic and progressive forces that struggle to stop modern-day slavery of workers in the neo-liberal globalization.

Since last week, the US President Barack Obama is moving around the countries of Japan, South Korea, Malaysia and the Philippines to strengthen the United States’ stranglehold on national sovereignty, the coveting and exploitation of the natural resources of countries in the region, and ensures that these countries will remain strong defenders of the geo-political and military presence in Asia-Pacific. The US only secures its interests and does not care about the plight of ordinary people in Asia.

We oppose the US “Pivot to Asia”, which is a multi-layered offensive that includes the further deployment or “rebalancing” of US military forces and military bases into the region and the drive to forge a long-sought Trans-Pacific Partnership Agreement (TPPA). This will also consolidate and expand its strategic alliances with selected countries in the region. These objectives are part of the long-term efforts of US imperialism to advance its economic, political and military interests and reassert its preeminent power in the region.

In same vein, we protest Barack Obama’s signing with BS Aquino of the “Enhanced Defense Cooperation Agreement" (EDCA) between the US and the Philippines, despite questions on its constitutionality. "The agreement gives the US full access to Philippine facility and to set up US military bases within Philippine military camps, and to launch military operations in Philippine territory under the name of joint military exercises. When this agreement is signed this will intensify violations of human rights and of the international humanitarian law. More so the continuation of the dire economic situation of many Filipinos which is the main cause of forced migration.

Forced migration of many Filipinos and other Asians are caused by the unjust economic development in our home countries and in the world. Workers rights are violated by employers and corporations so they may gain maximum profits from the labor of workers and employees. Today, we, migrant workers in South Korea join forces together to express our real situation and present our demands for the respect and protection of our labor rights. Our demands are:

A.To the government of South Korea:

1.Repeal the policy revision on refund of severance/pension claims of migrant workers after their contract ends or deported from the country.
2.Replace the oppressive EPS policy with just and employment system, where migrant workers exercise freedom to choose jobs that fit them, where their labor and human rights are respected.
3.Repeal the Immigration Control Act that severely impact migrant workers, stop crackdown and deportations; transform immigration policies that grant migrant workers the right to live with families in Korea.
4.Legislate and guarantee equal pay for equal work.
5.Guarantee equal right to work and sojourn for overseas Korean migrant workers

B.To the government of the Philippines:

1.Put a halt to forced migration! Create jobs at home!
2.Approve the passage of the P125 Wage Hike Bill. Workers urgently need significant wage increase amidst soaring prices of commodities.
3.Stop crackdown! The Philippines’ Department of Foreign Affairs (DFA) should recall their memorandum on forced deportation of non-documented migrant workers in Korea which is in collaboration with the South Korean immigration office and the MOEL.
4.NO to return of US Bases in the Philippines and “Enhanced Defense Cooperation Agreement" (EDCA). Uphold and respect national sovereignty and self-determination.
5.NO to U.S. Trans-Pacific Partnership Agreement (TPPA)! This is an instrument of neo-colonization and imperialist pillage of national economies and people’s democratic rights for humane and just economic development
6.Resume peace talks between National Democratic Front-Philippines and the Government of Philippines.
7.Stop extra-judicial killings that already killed many labor, peasant, tribal community, youth and student leaders in the Philippines.
8.Prosecute and penalize all political leaders involved in Pork Barrel scam!

WORKERS AROUND THE WORLD UNITE! STRENGTHEN OUR SOLIDARITY TO END EXPLOITATION OF WORKERS!

KASAMMAKO
27 April 2014
Seoul, Korea

Statement Against Clampdown of Non-documented migrants in Korea

KASAMMAKO strongly condemns the January 03, 2014 directive ofLabor Secretary Rosalinda Baldoz of the Philippine’s Department of Labor and Employment (DOLE) to reduce the number of non-documented OFWs in South Korea which allows the South Korea’s Immigration Bureau to intensify clampdown on migrant workers. We detest this act of DOLE Secretary Baldoz for this put the lives of OFWS in South Korea in alarming and precarious situation and exacerbate unemployment problem of millions of Filipinos and dim the right and hope of families of OFWs for a decent and honorable life. Anonline media revealed,

 

The Department of Labor and Employment seeks to reduce the estimated 8,000 overstaying overseas Filipino workers in South Korea so that it could increase its deployment in the north Asian country through its Employment Permit System (EPS). DOLE Secretary Rosalinda Baldoz said South Korea’s annual quota for foreign workers under its EPS is decided by its Foreign Workers Policy Committee with due consideration on the number of overstaying workers, as well as labor market trends, level of labor shortages, and economic condition. In 2014, Baldoz said she will aggressively address the issue of illegally staying EPS Filipino workers in South Korea.

 

This DOLE directive in collusion with Seoul POLO is a reprehensibleconspiracy against the interest and welfare of OFWs in South Korea. We know that this year 2014 is the year for evaluation and review of the EPS Memorandum of Understanding (MOU) between labor sending countries including the Philippines and the Human Resource Development (HRD-Korea). This is the main reason why DOLE andSeoul Philippine Overseas Labor Office (Seoul-POLO) are compelledand have gone overboard in their attempts at reducing the number of non-documented OFWs in Korea.

 

Following HRD-Korea’s impositions and allowing itself to be driven by conditions for renewal of EPS MOU the DOLE, POEA and POLOhave not been exercising their sovereign negotiating power and bias for the rights and welfare of OFWs but subservient to South Korea’s government interest to benefit from docile and cheap labor of Filipino migrant workers. The increase of non-documented migrant workers in South Korea has been due to the flaws in the EPS that limits the term of employment of migrant workers to four (4) years and ten (10) months, transfer of work places is only three times in three years, delayed ofunpaid wages, unpaid overtime work, discrimination in work places and physical and psychological abuses of employers.

 

In the same press statement, it purports that Secretary Baldoz instructed Labor Attaché to South Korea Felicitas Bay to coordinate and link with the Human Resource Development Service and Ministry ofEmployment and Labor of South Korea on measures to ensure that Filipino workers under the EPS leave South Korea at the end of their contracts. This is a go signal to the Korea’s Immigration Bureau to arrest and deport non-documented OFWs, even if the privacy and human rights of migrant workers have been violated in the conduct of arrest, which have been likened to raiding criminal syndicates in houses, city streets, factories and other places where clampdown have been conducted.

 

We despise this manner of treatment of non-documented migrant workers. Migrant workers are not criminals. They are economic refugees and their rights are protected under the United Nations Convention for the Protection of the Rights of Migrants and their Families.

 

Landlessness, poverty situation, unemployment and low wages are the main causes of forced labor migration of more than 8 million Filipinos and exacerbated by the government officials corruption and inutility to institute social justice and national industrialization. The Philippine Labor Export Policy (LEP) has been the culprit of the modern day slavery of Filipino migrant workers.

 

KASMAMAKO urge the governments of the Republic of Korea and the Republic of the Philippines to do or address the following:

 

1.

Stop clampdown of non-documented migrant workers for clampdown violates the right to decent life and employment of migrant workers and their families as enshrined in the United Nations Convention for the Protection of the Rights of Migrantsand their Families.

 

2.

President B.S. Aquino III should urgently implement programs that will provide decent jobs for all Filipino workers including OFWs and stop forced labor migration through the Labor Export Policy carried by the government agencies such the DOLE, POEA and its subordinate agencies such as the POLO in South Korea and many other countries around the world.

 

3.

The Philippine government agencies should provide economic and welfare support for deported OFWs. Many deportedOFWs are still poor even after staying in Korea for four or five years.

 

4.

Pursue legalization of non-documented migrant workers. The National Assembly of the Republic of Korea should enact lawsthat will provide for amnesty of non-documented migrants workers who have worked in the country for a definite period of time and has proven their competency and skills in their particular occupations.

 

5.

Change EPS to Work Permit System. The Employment Permit System (EPS) as mechanism for importing cheap labor in South Korea has been found faulty in many aspects as experienced by migrant workers. The EPS limits the term of employment of migrant workers to four (4) years and ten (10) months, transfer of work places is only three times in three years, delayed of unpaid wages, unpaid overtime work, discrimination in work places and physical and psychological abuses of employers. A Work Permit System should replace the EPS. It should be one that allows a continuous employment of migrant workers based on their skills,transfer of work places should not be limited to three times. Protection of the rights and welfare of migrant workers must be ensured by the Small and Medium Scale Enterprises (SMEs).

 

6.

Stop exploitation of migrant workers and grave violations of their human rights. These have taken numerous forms, including labor flexibilization, human trafficking, sexual abuse, harsh living and working conditions, social exclusion of migrants including marriage migrants, domestic workers, refugees, and child laborers. The abuse becomes even more tragic, and support and protection more acute among non-documented migrants.

 

 

FOR KASAMMAKO:

Mr. Pastor E. Galang, Jr.

Secretary Genera

l

 

 

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. +++