Migrant Workers and Overseas Filipinos Act (1995)

Type of practice: Domestic laws and policies
Country: Philippines
Name of Stakeholder: Government of the Philippines
Type of Stakeholder Implementing the Practice: State of Origin
Type of crisis: Conflict, Natural Disaster
Crisis phase: Crisis Preparedness

Description

The Republic Act No. 8042 is an act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes, is known and cited as the “Migrant Workers and Overseas Filipinos Act of 1995”. It is amended by Republic Act No. 10022, further improving the standard of protection and promotion of the welfare of migrant workers. The law includes provisions on: • Deployment of Migrant Workers only in countries where the rights of Filipino migrant workers are protected Termination or Ban on Deployment • Penalties for illegal recruiters • Free Legal Assistance • Preferential Entitlement Under the Witness Protection Program • Establishment of National Reintegration Center for Overseas Filipino Workers • Legal Assistance Fund to provide legal services to migrant workers and overseas Filipinos in distress

Guidelines/Thematic Areas
 

Empowering migrants

GUIDELINE 3: Empower migrants to help themselves, their families, and communities during and in the aftermath of crises

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.

Capacity building

GUIDELINE 8: Build capacity and learn lessons for emergency response and post-crisis action

Limited resources, funding, and technical skills can all affect the robustness of emergency and post-crisis responses. Understanding and assessing these limitations is a critical first step towards overcoming them. Stakeholders’ investment in their own capacity to improve emergency response and post-crisis recovery for migrants is critical.

Capacity building may relate to such varied areas as consular services, training for responders, resource allocation, funding mechanisms, insurance schemes, relief goods and services, border and migration management, and relocation and evacuation. Many of these areas are relevant for both the emergency and post-crisis phases. Stakeholders should also consider addressing potential reintegration challenges for migrants, their families, and communities, facilitating re-employment, income generation, and safe remigration, and supporting migrants to access outstanding wages, assets, and property left in host States.

States, private sector actors, international organizations, and civil society should assist one another to build and improve their capacity to respond. Undertaking advocacy, monitoring and evaluations, raising awareness, conducting training, sharing information, building research and knowledge, and supporting and learning from each other all help to improve collective efforts to protect migrants.

Sample Practices

• Training and capacity building of stakeholders, such as on effective ways to access migrants and identify vulnerability and needs.
• Dedicated funding to protect migrants, including budget lines, loans, and funding platforms.
• Referral mechanisms that map rosters of experts who can address diverse needs of different migrants.
• Peer-to-peer exchanges for capacity building and learning on tackling challenges associated with protecting migrants.
• Training for consular officials, such as on collecting information on citizens and crisis management, including evacuation.
• Monitoring and evaluation of crisis responses that includes analysis of responses towards migrants.