The Philippines has promulgated the Act Instituting Policies for the Protection and Welfare of Domestic Workers (Republic Act 10361), which is also known as the Domestic Workers Act, or“Batas Kasambahay”. It was signed into law on 18 January 2013. The Act provides for the protection of domestic workers against abuse, debt bondage, and worst forms of child labor. It sets minimum standards for wages, hours and days of rest, and other benefits for domestic workers. Furthermore, it extends social security and public health insurance to the sector and provides for mechanisms for quick response to abuses and accessible means to redress grievances. The new law improves on the provisions of the Labor Code of the Philippines on Household Helpers and other related social legislation. The law derived guidance from the Domestic Workers Convention, 2011 (No. 189). The measures enshrined in the Act are also meant to provide a strong basis for the Philippine Government to negotiate bilateral agreements with host States to protect the interest of Filipino women domestic workers abroad.
In order to help themselves and others and to enjoy their rights, migrants need access to identity documents, basic public services, and financial and other resources. Migrants’ ability to help themselves and enjoy their rights can be undermined by factors related to their entry and stay, means of arrival, connections to local populations, and conditions in the host State, including in workplaces. These factors can in turn undermine emergency response and recovery efforts.
States, private sector actors, international organizations, and civil society can promote migrants’ resilience and empower migrants to help themselves during and after a crisis by addressing underlying conditions of vulnerability. Respecting, protecting, and fulfilling migrants' human and labor rights in ordinary times advance these goals as do efforts to ensure migrants are able to access information, basic services, and administrative, judicial, and other redress mechanisms.
Legal, policy, and operational factors that constrain protection should be addressed. Examples of obstacles include laws, policies, and practical barriers that arbitrarily restrict the movement of migrants, enable arbitrary detention, discriminate between migrants and citizens in the provision of humanitarian assistance, or permit exploitative employment or recruitment practices.
In times of crisis, fear of immigration enforcement can inhibit migrants, particularly those in an irregular immigration status, from accessing necessary help. In this context, it is important to separate immigration enforcement actions from those that promote migrants’ access to services, humanitarian assistance, identity documents, and movement.
Stakeholders can provide migrants—prior to departure from the State of origin, upon arrival in the host State, and during their stay in the host State—with pertinent information related to country-specific conflict or natural disaster hotspots, rights and potential rights violations or abuses, ways to access timely, credible, and regular information, emergency contact points, and what to do and where to go in the event of a crisis. Building migrants’ skills to communicate in the host-State language and increasing migrants’ financial literacy may prompt migrants to invest in savings, take out micro-insurance, and better prepare for navigating unforeseen circumstances.
Sample Practices
- Pre-departure and post-arrival training for migrants that includes crisis-related information.
- Positive communication about migrants, including through migrant role models and campaigns to promote tolerance, non-discrimination, inclusiveness, and respect.
- Financial products, including micro-insurance, savings accounts, and fast-cash loans that target migrants’ needs, including low-income migrants.
- Measures that respect, protect, and fulfill migrants’ human and labor rights, including addressing barriers that inhibit migrants’ ability to enjoy their rights.
- Identity cards for migrants in an irregular immigration status to promote their access to services.
- Ethical recruitment processes and accreditation, and integrity certification schemes.
- Community-based alternatives to detention for migrants.