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 on Filipinos Overseas which has no regional presence to serve a nationwide constituency. • Need to establish accountability and transparency, promote speedy, effective and more convenient services and boost development through more cohesive reintegration programs and family oriented services. • DMD to serve, protect and secure the rights and well-being of every Filipinos overseas along with his family back home in every step of the migration process.

INITIAL RESPONSE: ONE STOP SERVICE CENTERS (OSCC)3

In his 2016 State of the Nation Address, President Duterte revisited one of the promises he made during the campaign period: the creation of a department for OFWs that “shall focus on and quickly respond to their [OFWs’] problems and concerns.” In his speech, he referred to leasing a building dedicated to OFWs so that they don’t have to commute, get stuck in traffic, and go to different government offices to put together all the needed documents. He also urged the use of computers to speed up the process.

In response to President Rodrigo Duterte’s orders to streamline government services, the Department of Labor and Employment (DOLE) opened the first one-stop service center for overseas Filipino workers (OFWs) on August 15, 2016.

2 See http://www.congress.gov.ph/press/details.php?pressid=9838 3 from www.poea.gov.ph and http://www.rappler.com/move-ph/balikbayan/143085-poea-one-stop-service-center

Migration Standpoint Page 7 OSCC-POEA

The OSCC-POEA center includes agencies with services that are all “relevant to OFWs,” and is now ready to serve as many as 2,000 to 3,000 OFWs daily, according to former POEA and now OWWA Administrator Hans Leo Cacdac.

The service center, located at the ground floor of the Philippine Overseas Employment Agency (POEA) in Mandaluyong City, aims to reduce transportation expenses of OFWs and shorten the processing time for their documents.

The government agencies and the specific services provided are the following:

Table 2. Composition of POEA One Stop Service Center

AGENCY SERVICES 1 Department of Foreign Affairs (DFA) • Passport services • Passport validity extension for Balik-Manggagawa (vacationing Workers) 2 Overseas Welfare Workers • Processing of OWWA membership/renewal of Administration (OWWA) membership 3 Technical Education and Skills • Assistance for competency assessment Development (TESDA) • Verification of certificates and special order • Assistance for Replacement of National Certificates (NC)/ Certificates of Competency (COC) • Training assistance and scholarship program 4 Professional Regulation Commission • Issuance of Professional License (PRC) 5 Maritime Industry Authority (MARINA) • Issuance/revalidation of seaman’s book 6 Home Development Mutual Fund • Processing of Pag-ibig membership (HDMF) • Member registration and updating 7 Social Security System (SSS) • Registration and membership data amendment • Acceptance of loan and benefits claim applications • Loan verification and status • UMID capturing and card releasing • Response to queries 8 Philippine Statistics Authority (PSA) Processing and copy issuance of • Certificate of Live Birth • Certificate of Marriage • Certificate of Death • Certificate of No Marriage (CENOMAR) 9 Bureau of Immigration (BI) • Departure clearance information 10 National Bureau of Investigation (NBI) • Issuance of NBI clearance

Migration Standpoint Page 8 11 Commission on Higher Education • Verification and authentication of school credentials (CHED) 12 Tourism Infrastructure and Enterprise • Travel tax payment Zone Authority (TIEZA) • Processing of travel tax exemption and reduced travel tax • Response to queries 13 Philippine Overseas Employment • Documentation of workers (Landbased and Administration (POEA) Seabased) • Documentation of workers-on-leave/Balik- Manggagawa • Registration of landbased worker-applicants • Verification/certification of OFW records • Provision of legal assistance • Response to queries 14 Philippine Health Insurance Corporation • Payment of Philhealth contribution (PHIC) • Member registration and updating

OSCC-Clark

A second OSCC was established at the Clark International Airport and started operations on 13 September 2016. It is worth mentioning that this multi-agency cooperation includes a partnership with the Provincial Government of Pampanga that will also set up a local migrant desk within the OSCC. This is expected to boost national and local cooperation since migrants all hail from these local communities and that local governments will deem it part of their constituency overseas Filipinos coming from their place.

Similar centers will also be set up in all regions spearheaded by the Department of Labor and Employment Regional Offices in coordination with the regional offices of the agencies cited above, local government units, and other partners and stakeholders.

Over the past year, 17 One-Stop Service Centers were opened by the Department of Labor and Employment to reduce transaction costs and shorten the processing time of documents by putting various government agencies under one roof, so that applicants do not need to go from one government office to another obtaining various permits.

According to a fact sheet by DOLE, 1,084,220 OFWs have been served nationwide by OSSCs.

Migration Standpoint Page 9 photo: balita.ph photo: philstar.com

photo: eaglenews.ph

photo: dole.gov.ph photo: sa.kapamilya.com

MERGERS AND CONSOLIDATION

Owing to its very nature, indeed there are multiple agencies that migrants have to go through to process their papers, which is unavoidable. As can be gleaned from the above matrix of agencies represented in the One Stop Service Centers, 11 other agencies (sans OWWA and POEA) also provide specific services for migrants such as the PSA for birth certificate, NBI for work clearance, CHED for validation of school credentials etc. Does this mean that they would also be merged or part of their service be merged with the proposed Department since they also provide services that are needed by our migrants?

It might be worth revisiting that streamlining government services through establishment of One Stop shops in Metro Manila and key regions nationwide might be a more effective solution rather than creating a new agency altogether.

In the proposed legislation, at least 8 agencies will be affected thru transfer of some of their services like the case of POEA and OWWA or absorption of the entire organization like NRCO and CFO. However, POEA and OWWA will remain as separate agencies but will be attached to the proposed Department. At least 11 services/units (POEA-6, OWWA- 5) of POEA and OWWA will only be transferred to the agency.

Migration Standpoint Page 10 The need to establish a specific agency that will oversee and coordinate all international migration-related policy matters and programs has been repeatedly raised in various discussions in the Philippines. But analysis of the legislative bills raises serious concerns whether it is the right panacea for issues hounding our overseas Filipinos.

TABLE 3. Agencies for Transfer, Abolition or Merger

AGENCY UNITS TO BE TRANSFERRED

1 POEA (will be retained as an 1. Repatriation Unit attached agency to the new dept.) 2. Conciliation Unit 3. Workers Education Division 4. Anti-Illegal Recruitment Branch 5. Government Placement Branch 6. Adjudication Office 2 OWWA (will be retained as an 1. Repatriation Assistance Division attached agency to the new dept.) 2. Conciliation Unit 3. Workers Education Division 4. Overseas Operations Coordination Service—24/7 hotline 5. PDOS Unit (Senate version) 3 DOLE 1. Philippine Overseas Labor Offices 2. International Labor Affairs Bureau 3. Filipino Workers Resource Centers 4. National Reintegration Center for OFWs; 4 DFA 1. Overseas Absentee Voting Secretariat 2. OUMWA (Yap version) 5 DSWD (Senate) Social Service Office 6 MARINA Pertinent offices to international seafaring 7 Commission on Filipinos Overseas ALL 8 National Maritime Polytechnic ALL

AREAS FOR CONSIDERATION

In addressing issues hounding our overseas Filipinos, the CFO has expressed reservations whether a new department to govern migration is the panacea to the problems of our migrants, as espoused by certain sectors with a myopic view of the issue.

Migration Standpoint Page 11 Enhancing Coordination and Creating OSSCs

As can be gleaned in his first State of the Nation Address, President Duterte referred to leasing a building dedicated to OFWs so that they don’t have to commute, get stuck in traffic, and go to different government offices to put together all the needed documents. He also urged the use of computers to speed up the process. The revival of the One Stop Service Centers is a step to this direction. Rather than a new department, what is needed is a physical place hosting the various institutions not only in Metro a separate department Manila but across key areas in the region as well. The one-stop-service center responds to this need. “could send the wrong message to the public that At this juncture, the division of labor among the migration institutions is clear cut, but the links with migration-for-work is to the development agencies have yet to be established. be promoted further as its In the policy summit of MAPID-Philippines (12 August 2010)4, rather than create another agency, establishment signals a the call was more for better coordination between level of ‘permanence.’ migration agencies and development agencies.

The Center for Migrant Advocacy-Philippines (CMA) and the Working Group on Migration” of the Political Science Department of Ateneo de Manila University (WGM), in a piece published by Rappler last April 2016 , said that “the proposal to establish a separate Department on Migration and Development must be studied carefully and discussed by all stakeholders.“5

The two groups warned that “a separate department could send the wrong message to the public that migration-for-work is to be promoted further as its establishment signals a level of ‘permanence.’”

Right-Sizing the Bureaucracy first

During the coordination meeting called by Secretary Adelino Sitoy of the Presidential Legislative Liaison Office on 09 September 2016, Secretary Benjamin Diokno stated that prior to discussions on legislative measures that seek to create new agencies and offices (with the exception of the proposed Department of housing), the DBM will push first for a ‘right-sizing’ bill to reorganize the bureaucracy. Sec. Diokno added that the bill would look

4 See the MAPID Project Reports thru www.smc.org.ph 5 See the OFW Agenda by the CMA available at http://www.rappler.com/nation/politics/elections/2016/129486-ofws-agenda-recommendations

Migration Standpoint Page 12 at the current configuration of the bureaucracy as a whole and reorganize it to accommodate significant changes from the last major government revamp during the administration of Corazon C. Aquino, such as new skills and technologies. He made the same statement during the Development Budget Coordination Committee (DBCC) hearing at the Senate on August 31, 2016.

During the sidelines of the Euromoney Philippines Investment Forum on 06 September 2016, Sec. Diokno stated that the Executive is looking to convene a meeting with Congressional leaders within the next two months to lobby for the speedy passage

DBM Secretary Benjamin Diokno said that they will prioritize first the righ-sizing bill of the government’s priority measures. Among the bills Malacañang wants passed are those creating a Department of Housing and Local Development, emergency powers for the Executive to solve traffic congestion in Metro Manila, the P3.35-trillion national budget for 2017, right-sizing the bureaucracy, and the tax reform package.6 These are the priority bills that President Duterte mentioned in his 2nd SONA in July 2017.

Strengthening Inter-Agency Cooperation

As a declared policy of the State to respond to the challenges of international migration and development that include addressing the social costs of migration on Filipino migrants, the families and communities they have left behind, CFO believes that the establishment of an Inter-Agency Council on Migration and Development (IAC-MD) would lead to institutional coordination among migration- related government agencies in ensuring the implementation and compliance with all policies, laws and issuances pertaining to migration and development policies.

The IACMD can be the main coordinating

body that will ensure coherence (between photo: pmrw.org.ph national, local, and sectoral development An Inter-Agency group on migration policies) in planning and policy-making,

6 see http://www.bworldonline.com/content.php?section=Economy&title=ledac-meet-set-as-efforts-to-pass-bill-come-together-&id=133090

Migration Standpoint Page 13 regulatory, program coordination, and administrative entity for all overseas Filipinos and migration and development concerns, primarily focusing on protection and welfare, citizen engagement and reintegration. It will promote institutional coordination to tighten the link between national, local, and sectoral policies on international migration.

Duplicating the functions of the already existing departments

Former Foreign Affairs Secretary Perfecto Yasay, in his trip to Switzerland for the regular meeting of the United Nations Commission on Human Rights (UNCHR) last February 27, 2017, mentioned to around 100 Filipino community leaders that the creation of a Department of Filipinos Overseas would only duplicate the functions of the Department of Foreign Affairs, Department of Labor and Employment, the National Statistics Office, and the National Bureau of Investigation, Bureau of Immigration, and other agencies that are working for the benefit of the OFWs. Sec. Yasay also said that the creation of the DOFW would mean to say that the overseas Filipinos are staying outside the country for good, which would infer that it is better to live abroad rather than stay in the Philippines.7

In addition, the following inputs are being made to clarify the Commission’s position on the proposed measures:

1. The bills appear to be based on the assumption that only overseas Filipino workers or OFWs (who are abroad temporarily) contribute to remittances to the Philippines. Foreign currency remittances to the Philippines are sent by a broad spectrum of overseas Filipinos numbering about 10.2 million as of 2013 estimates. Among these are Filipino permanent residents abroad, emigrants in the migration chain, Filipino spouses of foreign nationals abroad, and Filipinos who have been naturalized in their host country including those with dual citizenship. Latest available estimates as of 2013 (see www.cfo.gov.ph) show that the number of Filipinos permanently residing overseas (4.8M or 48%) exceeds that of temporary migrants or OFWs (4.2M or 41%), with irregulars numbering 1.1M or 11%.

2. The creation of a government department is not a requisite for effective implementation of state policy on overseas Filipinos. Creating a new department might in fact be inefficient and also wasteful due to unnecessary centralization, considering that policies and programs that serve the interests of overseas Filipinos belong to technically diverse functional areas, services and agencies. Moving toward policy coordination and coherence among different agencies, rather than a structural overhaul will most likely be more efficient and effective.

7 From http://www.mindanews.com/top-stories/2017/02/yasay-tells-ofws-in-switzerland-no-new-department-for-ofws/

Migration Standpoint Page 14 3. The proposed department undermines the tested and functional “one country team approach” already institutionalized in Philippine embassies and consulates abroad. As it would have overarching powers in matters concerning overseas Filipinos vis-à-vis other governments, it would tend to give the Philippine Government another “face” or “voice” overseas which could easily be a cause for ambiguity and confusion regarding overseas Filipinos in other countries. This may be in conflict with the Vienna Convention on Diplomatic Relations which encourages one diplomatic mission.

4. There is inherently no value-added contribution toward improved delivery by lumping together existing technical functions, programs and services under a single department. The more effective approach to improve and enhance programs and services would be by undertaking a regular review of existing policies, programs and services (including bilateral labor and social security agreements) for the purpose of identifying emerging constraints as well as measures to improve government’s overall performance in the protection and welfare of overseas Filipinos.

This regular review can be undertaken by the NEDA Sub-committee on International Migration and Development (SCIMD). The SCIMD was created in 2014 under the NEDA Social Development Committee and approved by the Human Development and Poverty Reduction (HDPR) Cabinet Cluster to recommend policies, programs and projects on international migration consistent with national development objectives and serve as a mechanism for reporting of multi-stakeholder and/or multi- agency programs and policies on international migration and development and sharing of information between and among stakeholders and international partners. Both the NEDA and the CFO pushed for its creation to mainstream the issue of migration in the country’s development plan.

5. The creation of a single department for overseas Filipinos would only complicate management of the complex and diverse array of policies, programs, services and regulatory functions currently in place. Some of these have to do with community education programs, worker recruitment and deployment, pre-departure orientation for emigrants, pre-departure assistance, workers welfare and protection, labor standards, death and disability benefits, legal defense overseas, repatriation, scholarships, support for Philippine Schools Overseas, skills training and upgrading, reintegration and business enterprise development, migration and development initiatives, not to mention personal documentation and measures against human trafficking.

6. The proposed measure to create a Department of Overseas Filipino Workers or Department of Migration and Development could give wrong signals here

Migration Standpoint Page 15 and abroad that the Philippine Government has embarked on a labor export policy – the Declaration of Policies in SB 31 states for its purpose: “To promote the human capital development of OFWs to enable them to better compete in other countries”. This clearly contradicts the policy declared in the Migrant Workers and Overseas Filipinos Act (RA 8042 as amended) which stipulates that “the State does not promote overseas employment as a means to sustain economic growth and achieve national development”.

7. While SB 31 and HB 192 propose the transfer of the Commission on Filipinos Overseas to the proposed department, it ignores the issues and concerns of permanent residents overseas – one of CFOs constituent partners (permanent migrants, marriage migrants, youth migrants, cultural exchange participants) who quietly and equally contribute to foreign exchange remittances, and through CFO participate in long term partnerships to maximize development gains nationally, and in local communities in the country.

8. Another version of the proposal for a separate department suggests the creation of a Department of Migration and Development. However, the functions described in the DMD proposal do not differ and appear to be derived from those initiated and are being implemented by the Commission on Filipinos Overseas within its existing programs, as well as in collaboration with other national government agencies and local government units. The CFO works toward mainstreaming migration and development in development planning in order to maximize the gains from international out migration and return migration, as well as engage the Filipino diaspora to link this population through development partnerships with cities, towns and other communities in the country. The CFO migration and development initiatives deal with such issues and areas as financial literacy for overseas Filipinos, improving the regime for migrant remittances, productive use of social and financial remittances, reversing brain drain to brain gain, technology and scientific transfers, women in migration, investment in social enterprises, appreciation of Filipino culture and heritage by younger overseas Filipinos, anti-trafficking in migration, and not the least, engaging NEDA in linking migration policies to development policies.

Moreover, the idea of creating a new department of government for overseas Filipinos must be viewed with circumspect, especially in light of how Filipinos overseas themselves profoundly view their own situation. Filipinos who have gone overseas to work or seek

Migration Standpoint Page 16 better fortunes abroad would, more often than not, venture to say how they wished they could be home earning a living in the Philippines. They would also say that they had left for greener pastures abroad because of economic difficulties in the country, and wished conditions in the Philippines could be better so they could return home. Many claim to have been forced by circumstances to find work abroad against their own volition, lamenting the personal burdens and social costs of being away from family.

CONCLUSION

With the exception of those who choose to go abroad as a career decision or for their own professional advancement, it would thus seem that majority of Filipinos who work abroad would rather be working in the Philippines and wished there were commensurate or suitable opportunities in the country. This being the general sentiment of overseas Filipinos, there would seem to be little or no reason for creating an entire government department for Filipinos who would rather not leave the country if there were better opportunities at home. Moreover, while there have been gains from overseas employment, the dependence on remittances from citizens working abroad is admittedly not the best model for the country’s development. By creating the department, in would seem that the country could not provide for its people, and it is better for them to stay in other countries.

It behooves government, as has been said before, to place the business of accelerating the creation of jobs and opportunities for gainful employment of its human resources in the highest order, rather than pursue a questionable expensive reorganization that will tend to

photo: dohanews.com

photo: huffpost.com

photo: ofwlife.ph photo: picdn.net

Migration Standpoint Page 17 photo: kapamilya.com even encourage its citizens to look for opportunities beyond the country’s shores. It has also been demonstrated that when countries achieved a certain level of development and increased incomes, this development was accompanied or followed by a tapering of the level and return of its expatriate population to the home country.

In addition to this, the currently established 17 OSSCs in the different provinces around the country can already suffice. The functions of the existing agencies will overlap with the duties of the suggested department. The approval of the DOFW will be impractical and unnecessary. It will add to the expenditures of the government, add confusion to its supposed OFW clients and will duplicate the functions of the other departments.

The committees and sponsors also need consider existing laws that govern services and programs provided to migrants, which ones will be repealed by the law if enacted – ex. BP79 (law creating CFO), RA 8042 as amended by RA 10022 (Migrant Workers and Overseas Filipinos Act), RA 10635 (Empowering MARINA As the Single Maritime Administration), RA 9189 as amended by RA 10590 (Overseas Voting Act), RA 9208 as amended by RA 10364 (Anti-Trafficking in Persons Act), RA 10801 (OWWA Act), EO287 (Posting of Social Welfare Attaches in Diplomatic Posts), among others.

The CFO strongly supports the President’s policy pronouncement of streamlining services, improving efficiency in government and providing the needed support and assistance to Filipino migrants. Given the various stakeholders from all sectors, foremost of which are the migrants, the way forward is not to increase bureaucracy and leverage a one-size-fits-all approach, but to streamline and simplify the existing bureaucracy. It is earnestly proposed that studies be done and more public consultations, discussions and dialogues be made before rushing in the establishment of a single migration agency. At the end of the day, the single most important question that needs to be sufficiently answered is how will the new agency do better than the current system that we have right now?

Migration Standpoint Page 18 NOTE: This official position of CFO on the creation of the DOFW/DMD has been submitted Migration Standpoint Editorial Board to the committees at Congress and Senate, and the Presidential Legislative Liaison Office. Editors: Maria Regina Angela G. Galias Rodrigo V. Garcia, Jr. For more information or any clarification Frencel Louie T. Tingga about this position paper, please contact the Andrea Luisa C. Anolin Policy, Planning and Research Division of the Michael A. Apattad Commission on Filipinos Overseas at tel. no. Layout: 552-4766 or email at [email protected] or Troy D. Agcanas [email protected].

SOURCES

“The MAPID Project”, Scalabrini Migration Center, http://www.smc.org. ph/MAPID/mapid.html, 2008-2010

Brady Eviota, “Yasay tells OFWs in Switzerland: no new department for OFWs”, MindaNews, http://www.mindanews.com/top-stories/2017/02/ yasay-tells-ofws-in-switzerland-no-new-department-for-ofws/, February 27, 2017

Country Migration Report: The Philippines 2013, Philippines: International Organization for Migration and Scalabrini Migration Center, 2013

Don Kevin Hapal, “One-stop service center for OFWs opens for business”, Rappler Philippines, http://www.rappler.com/move-ph/balikbayan/143085- poea-one-stop-service-center, August 15, 2016

Ellene Sana,et. al., “The ‘OFWS’ agenda: Recommendations for next president”, http://www.rappler.com/nation/politics/elections/2016/129486- ofws-agenda-recommendations , April 18, 2016

Executive Position on the Proposed Creation of DOF/DMD by DFA, DBM, NEDA, DOLE, CFO, 2016

Migration Standpoint Page 19