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CHR seeks stricter monitoring of overseas Filipino domestic workers

PRESS RELEASE | 16 February 2018

CHR seeks stricter monitoring of overseas Filipino domestic workers while improving quick response mechanisms to prevent human rights abuses

QUEZON CITY—The Commission on Human Rights (CHR) called for a stricter monitoring of overseas Filipino domestic workers to prevent human rights abuses and modern-day slavery.

Commissioner Gwendolyn Pimentel-Gana, the CHR’s focal person for migrant workers’ rights, noted that the amended Migrant Workers’ Act or Republic Act No. 10022 states that the Philippines shall allow the deployment of overseas Filipino workers (OFWs) only in countries where the rights of Filipino migrant workers are protected.

“The law is very clear. For it to be properly implemented, we need stronger and sustainable partnerships between and among government and the private sector as well as civil society and OFW groups to ensure that migrant workers’ rights are being monitored,” Commissioner Gana said.

The CHR extended its deepest sympathies to the bereaved family of OFW Joanna Demafelis and expressed hopes that the necessary reforms are put in place to prevent similar gruesome crimes involving OFWs.

“That her employers subjected her to physical torture prior to freezing and abandoning her body for more than a year reveal the kind of risks that our OFWs particularly domestic workers overseas are confronted with. We must always remember Joanna and other victims like her so that our resolve to undertake reforms remain strong and unwavering,” she added.

One of the reforms that the government may consider is on how to provide quicker response to urgent calls for help from a maltreated OFW or her next of kin. She noted that the Demafelis family did seek help from various government agencies when the worker could no longer be contacted.

“The CHR supports the government’s efforts to promote stronger protection and enhanced welfare mechanisms for our overseas Filipino workers especially those most prone to abuse and exploitation,” Commissioner Gana said.

Under Section 4 of RA 10022, the government recognizes any of the following as a guarantee on the part of the receiving country on the protection of the rights of OFWs:

  1. The labor-receiving country has existing labor and social laws protecting the rights of workers, including migrant workers;
  2. It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers including migrant workers; and,
  3. It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of OFWs.

The Philippine government would also allow OFW deployment to a labor destination country that is taking positive, concrete measures to protect the rights of migrant workers in furtherance of any of the above guarantees.

“Joanna’s tragic death on the hands of her cruel employers underscore the need to ensure that every aggrieved OFW has access to justice in the country where he or she works,” the CHR commissioner said.

She stressed that distressed workers who were recently repatriated from Kuwait may require psychosocial services and medical attention. “These women may be suffering from mental and emotional anguish that is not easily detected with the naked eye. They need counseling and in some cases, medical treatment.”

Meanwhile, the Commission on Human Rights is working with various non-government organizations in putting together an awareness and education campaign on the rights of migrant workers.

Commissioner Gwendolyn Pimentel-Gana noted that there are a number of international agreements and conventions that promote the human rights of overseas workers.

“We are in the process of consolidating these agreements and developing learning materials that our partners in government, the private sector, and civil society can share with stakeholders,” she said. ■

 

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