Statement of the International Coalition for Human Rights in the Philippines (ICHRP)-Korea Chapter 10 August 2014

We urge the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP) to resume formal peace talks to address the root causes of armed conflict and work towards the reign of justice and peace in the country.


Statement of the International Coalition for Human Rights in the Philippines
(ICHRP)-Korea Chapter
10 August 2014

The urgency and immensity of the task of getting into formal peace talks cannot be denied by many people from all walks of life in a war or conflict stricken countries like the Philippines. The resumption of peace talks between the government of the Republic of the Philippines (GPH) and the National Democratic Front (NDFP) is urgent because the armed conflict has been waged by the revolutionary organizations of the Communist Party of the Philippines (CPP), the New People’s Army (NPA) and the National Democratic Front (NDF) for more than 44 years. The peace talks have been stalled since 2011.

In an interview with Luis G. Jalandoni Chairperson of the NDFP negotiating panel said that the NDFP has reiterated its willingness to hold peace negotiations on the basis of respect for and compliance with past agreements. Such compliance would mean release of NDFP Consultants and political prisoners detained in violation of the CARHRIHL and JASIG. CARHRIHL stipulates that political prisoners charged, detained or convicted for common crimes in violation of the Hernandez political offense doctrine ought to be released. The JASIG guarantees immunity from surveillance, arrest, detention and other punitive activities to all participants of both sides in the peace negotiations.

The B.S. Aquino government since the beginning of his term has been disinterested in engaging in peace talks with the NDFP and his offensive stances against peace talks would lead to the deterioration of the social situation in the country. Furthermore he attacked The Hague Joint Declaration as “a document of perpetual division” in talks held in Oslo in 2011. Subsequently, it declared the JASIG “inoperative” in 2012. In its counterinsurgency plan, OPLAN BAYANIHAN, it aims to render the NPA inconsequential through the triad of psychological war, intelligence and combat operations.

In the unity statement of the newly formed KAPAYAPAAN (peace), an alliance of peace advocates mentioned that the government of the Philippines should respect the agreements signed. It cited Former GRP Chief Negotiator Secretary Silvestre H. Bello III, who declared in an interview, “The Aquino government must respect the past peace agreements. Otherwise, who would trust a government that does not respect agreements or contracts it has entered into. It should release NDFP Consultants and political prisoners in accordance with CARHRIHL and the JASIG. It should withdraw its attack against The Hague Joint Declaration as “a document of perpetual division”

When asked about the prospects of resumption of GPH-NDFP peace talks, Luis G. Jalandoni said, “The NDFP must continue upholding, defending and advancing the rights of the peasants, workers, women, youth, indigenous people, and other sectors. It has to develop further its capacity to defend their rights and programs. The overall strength of the people and the revolutionary forces is the firm basis for negotiating fundamental social, economic, and political reforms that are needed to achieve and just and lasting peace. The NDFP continues to cooperate with the Royal Norwegian Government, the official Third Party Facilitator of the GPH-NDFP peace negotiations, in conveying its willingness to resume peace talks on the basis of past agreements. It continues to work with peace advocate organizations in the Philippines and abroad. It upholds the validity of the agreements made in the peace negotiations.”

Bishop Deogracias Iñiguez of the Ecumenical Bishops Forum underscored that the peace must have no pre-conditions but both parties must honor previous agreements. He said, “Resume, Honor, Address are our simple calls. If both the GPH and the NDFP heed our calls, we believe that a just and lasting peace could be made a reality.”

The initial list of convenors and signatories to the unity statement of KAPAYAPAAN include, Archbishop Sergio Utleg of Tuguegarao, Archbishop Paciano Aniceto of San Fernando Pampanga, Bishop Narciso Abellana of Romblon, Bishop Gerardo Alminaza of San Carlos, Bishop Arturo Bastes of Sorsogon, Bishop Joel Baylon of Legazpi, Bishop Pedro Arigo of Puerto Princesa, Bishop Broderick Pabillo, Auxiliary Bishop of Manila, Bishop Roberto Mallari of San Jose Nueva Ecija , Bishop Edgardo Juanich of Taytay, Palawan, Bishop Reuel Norman Marigza of the United Church of Christ of the Philippines, Bishop Lito Cruz of the IFI, Rev. Rex Reyes of the National Church of Christ of the Philippines, Bishop Felixberto Calang of the IFI in Mindanao, Bishop Joel Tendero of UCCP-South Luzon Jurisdictional Area, Fr. Ramon Caluza, provincial superior of CICM, Sr,. Maureen Catabian, provincial superior of the Religious of the Good Shepherd, Makabayan president Satur Ocampo, Dr. Carol Pagaduan Araullo of Bayan, Elmer Labog of KMU, former Representatives Mong Palatino and Rafael Mariano, Councilor Leah Librado of Davao City, Atty. Roan Libarios, Joel Lamangan, Davao City Mayor Rodrigo Duterte, among others.

Together with the convenors and committed persons from the different sectors of society, the International Coordinating Committee for Human Rights in the Philippines (Korea Chapter), The Asia Pacific Workers Solidarity Link (APWSL-Korea), The Osan Workers Cultural Center, and The Unity of Filipino Migrant Workers Associations in Korea (KASAMMAKO), urge the NDFP and the GPH to resume formal peace talks with earnestness and urgency. The masses of Filipino who have been suffering from poverty situation, landlessness and unemployment have been waiting for the time when justice and peace becomes a reality in their lives, in their communities and the entire nation.

RESUME PEACE TALKS NOW!
LET JUSTICE AND PEACE REIGN IN THE PHILIPPINES!
STOP EXTRA-JUDICIAL KILLINGS!

Signed:




REV. JEONG JIN-WOO
ICHRP-Global Council

REV. JANG CHANG-WEON
APWSL-Korea

CARLO OLIVER
KASAMMAKO

JONES GALANG
Osan Workers Cultural Center

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

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. +++