The CHR draws particular attention to the current plight of stranded Overseas Filipino Workers (OFWs) and Health Care Workers (HCWs).
While we understand that the ban on the return of OFWs was meant to prevent the possible spread of the new COVID-19 strain in the Philippines, the government should reconsider its imposition and allow Filipinos to come home to their families, even if it meant imposing stricter quarantine procedures upon their arrival in the country. Under Article 8.2 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, to which the Philippines is a State Party, “Migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin.” Article 13 of the Universal Declaration of Human Rights provides that “Everyone has the right to leave any country, including his own, and to return to his country.”
Furthermore, under Article 12 of the International Covenant on Civil and Political Rights (ICCPR), “No one shall be arbitrarily deprived of the right to enter his own country.” While Article 4 provides that upon the official proclamation of a public emergency which threatens the life and existence of a nation, countries such as the Philippines may take measures derogating from their obligations under the ICCPR to the extent strictly required by the exigencies of the situation, such measures must not be inconsistent with their other obligations under international law. Restrictions must be neither discriminatory nor arbitrary in application, and must at all times be respectful of human dignity, human rights, and fundamental freedoms.
The CHR extends its solidarity to our migrants and OFWs who are stranded far away from home and their families. We recognize the plight of our migrant workers, who may grapple with the loss of their income, may experience fear and suffering as a result of the COVID-19 outbreak, and may suffer from the emotional distress of not seeing their families.
The CHR also calls on the government to raise the standards of compensation for HCWs, to provide them with competitive salary and/or just wages and benefits, and to ensure the promotion and protection of their general well-being. Due to inadequate compensation and financing for the health sector in the country, HCWs are forced to seek employment abroad. Migration should be a choice and not the only option for HCWs, and OFWs in general.
The CHR is monitoring the deliberations on proposed legislations relevant to the rights and welfare of OFWs and members of their families. We advise Congress to ensure that any legislation put forward should ultimately benefit migrant workers and members of their families, and are in line with the Migrant Workers and Overseas Filipinos Act, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and Conventions of the International Labour Organization relevant to migrant workers.
The CHR remains vigilant in guaranteeing that immediate and proper assistance is given to all Filipino migrants. We will continue to coordinate with other agencies of the Philippine government as well as National Human Rights Institutions (NHRIs) in receiving and transit countries to ensure that our OFWs who are stranded or are in distress have access to remedies. ###