Six top OFW destinations not on list of 'friendly' countries

(Updated 1:40 a.m.) The new list of countries that comply with Philippine government standards regarding the protection of overseas Filipino workers (OFW) does not include six top OFW destinations, which sources say have been identified as only "partially compliant.". The Philippine Overseas Employment Administration (POEA) released two board resolutions on Wednesday — one that approves OFW deployment to 49 countries and another that bans OFWs from 41 nations. The countries were classified according to Republic Act 10022, or the amended Migrant Workers Act. However, six of the top ten destinations for OFWs were not found on either list. These countries and their ranking last year are as follows:

Kingdom of Saudi Arabia (first);

United Arab Emirates (second);

Qatar (fourth);

Singapore (fifth);

Kuwait (sixth); and

Bahrain (ninth)

41 countries covered by the OFW deployment ban

1. Afghanistan 2. Antigua and Barbuda 3. Barbados 4. Cambodia 5. Cayman Islands 6. Chad 7. Croatia 8. Cuba 9. North Korea 10. Dominica 11. East Timor/Timor Leste 12. Eritrea 13. Haiti 14. India 15. Iraq 16. Kyrgyzstan 17. Lebanon 18. Lesotho 19. Libya 20. Mali 21. Mauritania 22. Montenegro 23. Mozambique 24. Nauru 25. Nepal 26. Niger 27. Pakistan 28. Palestine 29. Serbia 30. St. Kitts and Nevis 31. St. Lucia 32. St. Vincent & the Grenadines 33. Sudan 34. Swaziland 35. Tajikistan 36. Tonga 37. Turks and Caicos 38. Tuvalu 39. US Virgin Islands 40. Vanuatu 41. Zimbabwe Read more

According to the POEA, however, OFWs can still be sent to these countries subject to "further review and evaluation." The POEA is required to publish the resolutions in two newspapers of general circulation; the resolutions take effect 15 days after publication. GMA News Online sought an official explanation from the POEA for the non-inclusion of the six countries, but there was no reply from any official as of posting time. According to a source, Philippine embassies submitted "qualified compliance" certificates for some countries where the nation's envoys "feel that skilled workers are well-protected but less-skilled (domestic workers) may not be as protected. But if you review the law, however, it does not mention certifications for partially-compliant countries." Labor advocate Susan Ople, citing her POEA sources, said the six top OFW destinations not listed among OFW-friendly countries are only "partially compliant" with Philippine government standards on the protection of OFWs. She explained that the government does not provide certification for countries that are only partially compliant with Philippine government standards. Without a revision in its certification system (compliant or non-compliant but no "partially compliant"), the government faces a dilemma, as an outright ban on OFW deployment to countries where there are already many OFWs would mean great loss of remittances and revenues for the international labor industry. The non-inclusion of the six countries helps buy the government time as it reviews the policy, even as it seems to raise questions about the utility of the POEA's certification system. The current ban covers only "small markets" like Eritrea, Chad, and Nauru or conflict countries like Iraq where OFWs are already banned. OFW-friendly countries In May, the POEA’s Governing Board Resolution No. 2 listed 76 countries that were OFW-friendly, which also did not include the six destinations. However, the POEA clarified, "The deployment of OFWs to these countries [not included in the list] shall continue except where deployment ban is in effect." Resolution No. 2 was issued an year after RA 10022 lapsed into law. The list of countries comprised:

four countries in Africa;

21 in North and South America;

32 in Europe;

17 in the Asia Pacific region; and

two in the Middle East. On Wednesday, POEA's Resolution No. 6 identified 49 more countries that were OFW-friendly, bringing the total to 125 receiving countries. Labor advocate Ople, in a post on her website, said, "The law is silent on 'partially compliant' countries or those where the rights of skilled workers and professionals are protected but not so for household workers and other less skilled OFWs. Based on raw information, it seems that Gulf countries with a high concentration of OFWs fall under this category." Deployment ban Meanwhile, the agency's Resolution No. 7— also released on Wednesday— banned deployment to 41 countries. In an interview on dzBB radio, Department of Labor and Employment (DOLE) Secretary Rosalinda Baldoz said the ban will affect “a little over 200" OFWs who can avail of the government’s integration program if they wish to return home. The POEA is an attached agency of the DOLE. Baldoz, who also heads the governing board that issued the resolutions, said the countries on the list are not considered major receiving countries. Unaffected OFWs The DOLE clarified that “companies and contractors with international operations in non-compliant countries can continue to deploy Filipino workers to these countries unless the POEA… has issued a deployment ban to such countries." “As far as we are concerned and under the law, the deployment of OFWs to these countries deemed non-compliant by virtue of GB Resolution No. 7 will not be affected, and thus, will continue," Baldoz said. “For OFWs in these countries, they will be allowed to finish their contracts." DOLE said 22 of the 41 non-compliant countries have OFWs in companies and contractors with international operations. Afghanistang and Libya are among the 22. POEA data the DOLE cited showed that the number of OFWs in companies with international operation in non-compliant countries rose to 21,432 in 2010 from 18,851 in 2009. OFW-friendly According to Section 3 of RA 10022, “the State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected." The section provides that the Philippines will allow deployment if the host country:

has existing labor and social laws protecting the rights of workers;

is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers; and

has conducted a bilateral agreement or arrangement with the government on the protection of the rights of OFWs.— VVP/RSJ/YA/ELR/HS, GMA News