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Migration Standpoint Page 1 IS THERE a NEED for a SINGLE DEPARTMENT to CATER to the NEEDS of OVERSEAS FILIPINOS?

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Migration Standpoint Page 1 IS THERE a NEED for a SINGLE DEPARTMENT to CATER to the NEEDS of OVERSEAS FILIPINOS? Migration Standpoint Page 1 IS THERE A NEED FOR A SINGLE DEPARTMENT TO CATER TO THE NEEDS OF OVERSEAS FILIPINOS? The proposal to create a single government agency for Overseas Filipinos/workers dates back to 2010, when a bill was filed for this purpose in the House of Representatives during the 15th Congress. Recognizing the significant contributions of Filipinos overseas, the Philippine government’s initiatives to engage and re-engage our overseas Filipinos in our country’s nation-building has been enshrined in landmark laws such as the Migrant Workers Act, the Overseas Voting Act, the Dual Citizenship Act, the Anti-Trafficking Law, among others. THE PRESIDENT’S MIGRATION AGENDA In his first State of the Nation Address (SONA) in July 2016, President Duterte laid out several policy statements towards our Filipino Diaspora. What is noteworthy is his use of the terms Overseas Filipinos and not just OFWs throughout his SONA. This indicates Migration Standpoint Page 2 inclusiveness and the President’s awareness that overseas Filipinos are not only those that are working on a contract basis but those who are permanently living abroad, including those who are married to foreign spouses and Filipinos born overseas. The following are the migration-related provisions in the President’s first and second SONA: 1. Extension of the validity of Passports from the current 5 years to 10 years. 2. Fight against human traffickers and illegal recruiters. 3. Financial education and assistance to overseas Filipinos. 4. A single department for overseas Filipinos. As one of his campaign promises, the President asked Congress to draw up bills consolidating and merging agencies and offices all having to do with Overseas Filipinos to have a department that shall focus on and quickly respond to their problems and concerns. The President elucidated on this by instructing Labor Secretary Silvestre Bello III to scout for a building where migrant serving government agencies will be housed so that the transacting public need not go for one place to another in processing their documents. The President abhors seeing people lining up under the heat of the sun or being drenched in the rain. In his Second State of the Nation Address in July 2017, the President again used the more inclusive term Overseas Filipinos and stated that the budget for assistance to OFWs will be doubled to over Php 1 billion. NUANCES OF THE FILIPINO DIASPORA To contextualize the discussion on the creation of a separate Department of Overseas Filipino Workers/ Migration and Development vis-à-vis Philippine international migration, a brief discussion on the nuanced profile of overseas Filipinos is in order. When we speak about Overseas Filipinos, it refers to all Filipinos living and working outside the country; it also includes those natural born Filipinos who have acquired another citizenship, as well as descendants of overseas Filipinos. There are many other overseas Filipinos who do not fall under the category of overseas workers or migrant workers.1 1 See the Compendium of Migration Statistics published by CFO which is available at www.cfo.gov.ph Migration Standpoint Page 3 There is a need to correct the common misconception that all overseas Filipinos are overseas Filipino workers or OFWs, which is not the case because about one half of Filipinos residing overseas are actually permanent migrants or legal permanent residents or immigrants in the countries where they live, or are spouses of foreign nationals residing abroad. On the other hand, overseas Filipino workers or OFWs would fall under the category of temporary migrants whose stay abroad, while regular or properly documented, is considered temporary owing to the employment-related nature of their stay in their host country. OFWs are also expected to return to the Philippines when their work contracts expire. Irregular migrants, the third category, consists of those who are not properly documented, or who are without valid residence or work permits, or who may simply be overstaying workers, tourists, pilgrims or other visitors in a foreign country. LEGISLATIVE BILLS To date, twelve (12) bills have been filed in the 17th Congress – eight (8) from the House of Representatives and four (4) from Senate. These are: Table 1. List of Legislative Bills Filed SENATE BILL (SB) HOUSE BILL (HB) SB 146: An Act Creating the Department of HB 192: An Act Creating the Department of Migration Migration and Development and Development -ACTS OFW Party List Rep. John -Sen. Cynthia Villar Bertiz III SB 1421: An Act Creating the Department HB 227: An Act Establishing the Department of OFWs of Overseas Filipino Workers, Defining its (DOFW) -Rep. Eric Singson Powers and Functions, Appropriating Funds Therefore, and for Other Purposes HB 288: An Act Creating the Department of Overseas -Sen. Ralph G. Recto Workers -Rep. Michael Romero SB 1435: An Act Creating the Department HB 543: An Act Creating the Department of Overseas of Foreign Employment, Rationalizing the Workers -Rep. Baby Arenas Organization and Functions of Government Agencies Related to Overseas Employment HB 822: An Act Establishing the Department of OFWs and the Safety and Welfare of Overseas -Rep. Arthur Yap Filipino Workers, And for Other Purposes -Sen. Alan Peter “Companero” S. Cayetano HB 1936: An Act Establishing the Department of OFWs -Rep. Mark Villar SB 1445: An Act Creating the Department of Overseas Filipino Workers, Defining its HB 2334: An Act Establishing the Department of Powers and Functions, Appropriating Funds OFWs -Rep. Carlos Cojuangco Therefore, and For Other Purposes -Sen. Aquilino “Koko” Pimentel III HB 3255: An Act Creating the Department of Migration and Development -DIWA Party list Rep. Emmeline Aglipay-Villar Migration Standpoint Page 4 photo: philstar.com The proposed department, according to the proposed bills, will plan, develop, and manage the national migration and development agenda in consultation with various stakeholders, to promote the protection, safety, development and support of and for OFWs and their families. The proposed Department shall develop, implement and improve coordination with other countries where there is presence of Filipinos, and monitor foreign developments to ensure the most reasonable working conditions for the OFWs and create a proactive approach in providing assistance to them, especially in times of war and civil unrest, whether potential or apparent. In the bills, certain government agencies, offices and bureaus shall be collapsed and be integrated to the DOFW/DMD such as: • International Labor Affairs Bureau, including all Philippine Overseas Labor Offices, with direct supervision over Labor Attachés and Welfare Officers and the Filipino Workers Resource Centers; • Overseas Absentee Voting Secretariat and Office for the Undersecretary for Migrant Workers Affairs of DFA • Commission on Filipinos Overseas; • National Reintegration Center for OFWs; • Repatriation Divisions and Units of POEA and OWWA; • Conciliation Units of the POEA and OWWA; • Anti-Illegal Recruitment Branch (POEA); • Workers Education Division/ Units of the POEA and OWWA; Migration Standpoint Page 5 • Government Placement Branch (POEA); • Adjudication Office (POEA); • 24/7 operation center hotline (OWWA); • National Maritime Polytechnic • Pertinent offices of Marina in relation to international seafaring (Department of Transportation). Other salient features of the measure include the following: • Establishment of One-Stop Migrant Assistance Centers in all major capital towns and cities nationwide; • Setting up of P1-billion Special Assistance Revolving Fund for both documented and undocumented workers. The fund will be utilized for repatriations; medical expenses, hospitalization and purchase of medicine; migration fees for overstaying Filipinos; legal assistance; payment of blood money when necessary and basic necessities of OFWs caught in emergencies or are detained. • Creation of an Inter-Agency Coordinating Council on Migration and Development that shall be tasked to handle death-row cases involving blood money, human trafficking and large-scale illegal recruitment, terrorism, drug trafficking and other humanitarian cases. • Develop a database for OFWs to ensure assistance in times of distress. • Establish a strong and effective regulatory system that will ensure only fit Filipinos are allowed to work outside of the country. • Promote the human capital development of OFWs to enable them to better compete in other countries. • Extend deployment and repatriation assistance and support to OFWs as well as promote the integration of returning OFWs. ISSUES RAISED In the bills filed in Congress, the following were the issues raised to justify the creation of a new agency: • Delayed and inadequate support and assistance when OFWs are faced with difficult predicaments abroad. • Exclusive function to protect and enforce the welfare and rights of Filipinos overseas. • Migrants have no real, dedicated home in the government bureaucracy. Need for a single government agency. Migration Standpoint Page 6 photo: Commission on Filipinos Overseas photo: pasei.com • Finger pointing among agencies in times of crisis and inaction when the life of an OFW hangs in the balance. There would be a single agency which will made accountable to the OFWs and their families.2 • Confusion among distressed workers on what agency to go to seek assistance. • Multiple agencies that migrants have to go through to process their papers. • Permanent migrants that have to deal with the Commission
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