DFA to reassess 41 countries where OFWs were banned

UPDATED 5:00 p.m. - The Department of Foreign Affairs (DFA) has withdrawn the certification on the condition of migrant workers in 41 countries, which became the basis for a ban on the deployment of overseas Filipino workers (OFWs) there. In a text message to GMA News Online on Wednesday, DFA spokesperson Raul Hernandez said they will revisit the 41 countries affected by the ban and reassess the working conditions there "with the view of moving toward compliance" of the amended Migrant Workers Act (RA 10022). "We will submit new certifications after 90 days, taking into account results of DFA's dialogue with countries concerned and new developments in those countries with respect to protection of migrant workers," Hernandez said. Hernandez said Foreign Affairs Secretary Albert del Rosario sent to Labor Secretary Rosalinda Baldoz the official communication on the withdrawal of certifications on the 41 countries affected by the OFW deployment ban. The latest move of the DFA paves the way for the Philippine Overseas Employment Administration (POEA) to reconsider a resolution released on November 2 regarding the ban. The ban, which was supposed to take effect on November 18, had caused confusion among the affected countries and the OFWs there. Hernandez earlier said Del Rosario “wanted the effectivity of the ban delayed" to give Philippine diplomats time to dialogue with the affected countries to prevent any backlash. On Tuesday, Philippine Overseas Employment Administration (POEA) head Carlos Cao Jr. said it is “looking into the letter of request from the [DFA] for a 90-day deferment on the ban." Survey and certification Under the amended law, Philippine embassies will conduct a survey to determine if the rights of migrant workers are protected in countries under their jurisdiction. The DFA will then issue a certification that the host country meets the criteria set by the law for the deployment of OFWs. The criteria for the survey are:

if the receiving country has existing labor and social laws protecting the rights of migrant workers;

if the receiving country is a signatory to and/or has ratified multilateral conventions, declarations or resolutions relating to the protection of migrant workers;

if the country has concluded a bilateral agreement or arrangement on the protection of the rights of overseas Filipino workers; and

if the receiving country is taking positive and concrete measures to implement the first three criteria. POEA resolutions

41 countries covered by the OFW deployment ban

Name of country and number of OFWs based on the POEA Compendium of OFW Statistics (2010) 1. Afghanistan (21) 2. Antigua and Barbuda (10) 3. Barbados (21) 4. Cambodia (1,499) 5. Cayman Islands (929) 6. Chad (807) 7. Croatia (33) 8. Cuba (555) 9. North Korea - N/A (combined with S. Korea 11,697) 10. Dominica - N/A 11. East Timor/Timor Leste (1,208) 12. Eritrea (26) 13. Haiti (153) 14. India (842) 15. Iraq (N/A) 16. Kyrgyzstan (25) 17. Lebanon (1,327) 18. Lesotho (43) 19. Libya (11,604) 20. Mali (145) 21. Mauritania (67) 22. Montenegro (5) 23. Mozambique (566) 24. Nauru (10) 25. Nepal (10) 26. Niger (N/A) 27. Pakistan (383) 28. Palestine (N/A) 29. Serbia (3) 30. St. Kitts and Nevis (4) 31. St. Lucia (3) 32. St. Vincent & the Grenadines (8) 33. Sudan (1,441) 34. Swaziland (49) 35. Tajikistan (N/A) 36. Tonga (6) 37. Turks and Caicos (74) 38. Tuvalu (N/A) 39. US Virgin Islands (82) 40. Vanuatu (39) 41. Zimbabwe (19)  

The (POEA) on November 2 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. Members of the POEA Board met last Nov. 4 to discuss the row over the ban. The DFA’s recommendation, which Cao said “is still being deliberated on," would postpone the implementation of the ban to February next year. Welcome development On Wednesday, a labor advocacy group welcomed the decision of the DFA to withdraw the "certifications" that became the basis for banning employment in 41 countries. The Blas F. Ople Policy Center, a non-profit organization focused on labor and migration issues, said the DFA’s decision will alleviate concerns of OFWs in these countries. In a news release on Wednesday, Susan Ople, the Center’s president, said the withdrawal “paves the way for a stress-free Christmas" for these OFWs, some of whom have expressed worries via e-mail and Facebook messages that the ban would derail their plans to spend Christmas at home. The Ople Center said the concerned government agencies could use the deferment period “to sit down and thresh out" more amenable ways to protects OFWs. Ople, a former labor undersecretary, also urged the DFA and the POEA to “hold more consultations with various stakeholders as well as with legislators." The DFA should “direct its foreign posts to consult OFW groups in their countries of jurisdiction when revisiting their certifications," she said. The youngest daughter of the late DFA Secretary Blas Ople also called for a review of earlier lists of “OFW-friendly" countries, noting that there have been cases of human trafficking involving Filipino women in the Ivory Coast and Jordan, which were both classified as “compliant". Migrant workers group Migrante International also expressed the same concern last year, saying there have been records of abuses in some of those countries. “We are very worried that the DFA might have haphazardly approved applications of some countries where abuses and violations of our migrants’ rights are rampant, especially in the Middle East," said Garry Martinez, Migrante International chairperson. - VVP/YA, GMA News