JOINT MIGRATION AND DEVELOPMENT INITIATIVE Authorizing an M&D responsive plan and its projects: Legal bases and options for M&D inclusion in local plans Golda Myra R. Roma 30 September 2014 1
Legislations Migrant Workers Act (1995 and 2010) Anti-Trafficking in Persons (2003 and 2012) Balikbayan (Returnee) Law (1995 and 2001) Balik Scientist Law (1975, 1980, 1986, 1993) Passport Act (1996) Overseas Absentee Voting (2003 and 2013) Dual Citizenship Law (2003) Kasambahay (Domestic Work) Law (2012) 2
1990 International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families 2000 Protocols to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and Against Smuggling of Migrants by Land, Sea and Air ILO Convention 97 (Migration for Employment Convention) and 143 (Migrant Workers (Supplementary) Provisions) 3
As of March 2013, the Philippines has: a. bilateral labor agreements for land-based workers with 24 countries b. bilateral social security agreements with 11 countries with 2 countries in progress c. signed 9 UN conventions, 8 ILO core conventions and 4 ILO conventions related to migration 4
Migration related laws 5
Republic Act 8042 amended by RA 10022 Migrant Workers Act (1995 and 2010) "(d) Local Government Units. - In the fight against illegal recruitment, the local government units (LGUs), in partnership with the POEA, other concerned government agencies, and nongovernment organizations advocating the rights and welfare of overseas Filipino workers, shall take a proactive stance by being primarily responsible for the dissemination of information to their constituents on all aspects of overseas employment. To carry out this task, the following shall be undertaken by the LGUs: 6
Republic Act 8042 amended by RA 10022 Migrant Workers Act (1995 and 2010) "(d.1) Provide a venue for the POEA, other concerned government agencies and non-government organizations to conduct PEOS to their constituents on a regular basis "(d.2) Establish overseas Filipino worker help desk or kiosk in their localities with the objective of providing current information to their constituents on all the processes aspects of overseas employment. Such desk or kiosk shall, as be linked to the database of all concerned government agencies, particularly the POEA for its updated lists of overseas job orders and licensed recruitment agencies in good standing. 7
Republic Act 8042 amended by RA 10022 Migrant Workers Act (1995 and 2010) "SEC. 17. Establishment of National Reintegration Center for Overseas Filipino Workers. - A national reintegration center for overseas Filipino workers (NRCO) is hereby created in the Department of Labor and Employment for returning Filipino migrant workers which shall provide a mechanism for their reintegration into the Philippine society, serve as a promotion house for their local employment, and tap their skills and potentials for national development. 8
Republic Act 8042 amended by RA 10022 Migrant Workers Act (1995 and 2010) "SEC. 20. Establishment of a Shared Government Information System for Migration. - An interagency committee composed of the Department of Foreign Affairs and its attached agency, the Commission on Filipinos Overseas, the Department of Labor and Employment and its attached concerned agencies, the Department of the Interior and Local Government,. Statistical and Coordination Board, the National Statistics Office and other government agencies concerned with overseas employment shall be established to implement a shared government information system for migration. The interagency committee shall initially make available to itself the information contained in existing data bases/files. The second phase shall involve linkaging of computer facilities on order to allow free-flow data exchanges and sharing among concerned agencies. 9
Republic Act 9208 amended by RA 10364 Anti-Trafficking in Persons (2003 and 2012) (i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and prevention campaign and likewise maintain a databank for the effective monitoring, documentation and prosecution of cases on trafficking in persons. 10
Republic Act 9208 amended by RA 10364 Anti-Trafficking in Persons (2003 and 2012) (i) Department of the Interior and Local Government (DILG) shall institute a systematic information and prevention campaign in coordination with pertinent agencies of government as provided for in this Act. It shall provide training programs to local government units, in coordination with the Council, in ensuring wide understanding and application of this Act at the local level. 11
Republic Act 9208 amended by RA 10364 Anti-Trafficking in Persons (2003 and 2012) (j) Commission on Filipinos Overseas shall conduct predeparture counseling services for Filipinos in intermarriages. It shall develop a system for accreditation of NGOs that may be mobilized for purposes of conducting pre-departure counseling services for Filipinos in intermarriages. As such, it shall ensure that the counselors contemplated under this Act shall have the minimum qualifications and training of guidance counselors as provided for by law. It shall likewise assist in the conduct of information campaigns against trafficking in coordination with local government units, the Philippine Information Agency, and NGOs. 12
Republic Act 9208 amended by RA 10364 Anti-Trafficking in Persons (2003 and 2012) (k) Local government units (LGUs) shall monitor and document cases of trafficking in persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of this Act and ensure effective prosecution of such cases. They shall also undertake an information campaign against trafficking in persons through the establishment of the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination with the DILG, PIA, CFO, NGOs and other concerned agencies. They shall encourage and support community-based initiatives which address the trafficking in persons. 13
Republic Act 9208 amended by RA 10364 Anti-Trafficking in Persons (2003 and 2012) In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people s organizations (POs), civic organizations and other volunteer groups. 14
Republic Act 9208 amended by RA 10364 Anti-Trafficking in Persons (2003 and 2012) SEC. 17-A. Temporary Custody of Trafficked Victims. The rescue of victims should be done as much as possible with the assistance of the DSWD or an accredited NGO that services trafficked victims. A law enforcement officer, on a reasonable suspicion that a person is a victim of any offense defined under this Act including attempted trafficking, shall immediately place that person in the temporary custody of the local social welfare and development office, or any accredited or licensed shelter institution devoted to protecting trafficked persons after the rescue. 15
Republic Act 6768 amended by RA 9174 (2002) Balikbayan Law The term "balikbayan" shall mean a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year, a Filipino overseas worker, or former Filipino citizen and his or her family, as this term is defined hereunder, who had been naturalized in a foreign country and comes or returns to the Philippines The term "family" shall mean the spouse and the children of the balikbayan who are not balikbayan in their own right traveling with the latter to the Philippines 16
Republic Act 6768 amended by RA 9174 (2002) Balikbayan Law Tax- exempt maximum purchase in the amount of One Thousand five hundred United States dollars (US$ 1,500.00) or its equivalent in Philippine peso and in other foreign currencies at all government-owned and - controlled/operated duty free shops subject to the limitations contained in Section 4 hereof All domestic carriers shall establish a special promotional/ incentive program for the balikbayan Visa-free entry to the Philippines for a period of one (1) year for foreign passport holders, with the exception of restricted nationals 17
Republic Act 6768 amended by RA 9174 (2002) Balikbayan Law Travel tax exemption as provided under Presidential Decree No, 1183, Executive Order No.283, and other allied laws Especially designated reception areas at the authorized ports of entry for the expeditious processing of documents Accredited transportation facilities that will ensure their safe and convenient trips upon arrival. The DOT, DOTC and other concerned government agencies are hereby mandated to implement the program for this particular purpose 18
Republic Act 6768 amended by RA 9174 (2002) Balikbayan Law Kabuhayan shopping privilege and additional tax-exempt purchase in the maximum amount of Two Thousand United States dollars (US$ 2,000.00) or its equivalent in Philippine peso and other acceptable foreign currencies; exclusive for the purchase of livelihood tools at all government-owned and controlled/operated duty-free shops. 19
Republic Act 6768 amended by RA 9174 (2002) Balikbayan Law Sec. 6. Training Programs. - The DOLE through the OWWA, in coordination with the TRC, TESDA, livelihood corporation and other concerned government agencies, shall provide the necessary entrepreneurial training and livelihood skills programs and marketing assistance to a balikbayan, including his or her immediate family members, who shall avail of the kabuhayan program in accordance with the existing rules on the government's reintegration program. In the case of non-ofw balikbayan, the DOT shall make the necessary arrangement with the TLRC and other training institutions for possible livelihood training. 20
Presidential Decree 819 (1975, 1980, 1986, 1993) DOST Balik Scientist Program The Balik Scientist Program aims to strengthen the scientific and technological human resources of academic, public and private institutions in order to accelerate the flow of technologies and stimulate the development of new or strategically important technologies that are vital to national development and progress. 21
Presidential Decree 819 (1975, 1980, 1986, 1993) DOST Balik Scientist Program 1. Long-Term Program It is a program utilizing the expertise of expatriate Filipino Scientist and Technologist with a duration of at least two (2) years in the case of Balik Scientist and three (3) years in the case of New Graduates. 2. Short-Term Program - It is a program utilizing the expertise of expatriate Filipino Scientist and Technologist with a duration of at least thirty (30) days. The program can be availed of by the Scientist several times subject to the approval of the Secretary. 22
Republic Act 8239 (1996) Philippine Passport Law Issuance of birth certificate from the Office of Civil Registrar Issuance of travel authority fin special cases Establishment of Consular Offices in local areas 23
Non-migration related laws 24
Republic Act 7042 as amended by RA 8179 Foreign Investment Act State to attract, promote and welcome productive investments from foreign individuals, partnerships, corporations, and governments Foreign investments shall be encouraged in enterprises that significantly expand livelihood and employment opportunities for Filipinos; enhance economic value of farm products; promote the welfare of Filipino consumers Foreign owned firms catering mainly to the domestic market shall be encouraged to undertake measures that will gradually increase Filipino participation in their businesses by taking in Filipino partners, electing Filipinos to the board of directors, implementing transfer of technology to Filipinos, generating more employment for the economy and enhancing skills of Filipino workers. 25
Republic Act 7042 as amended by RA 8179 Foreign Investment Act SEC. 9. Investment Rights of Former Natural-born Filipinos. - Former natural born citizens of the Philippines shall have the same investment rights of a Philippine citizen in: a. Cooperatives under Republic Act No. 6938 b. Rural Banks under Republic Act No. 7353 c. Thrift Banks and Private Development Banks under Republic Act No. 7906, and d. Financing Companies under Republic Act No. 5980. 26
Republic Act 7042 as amended by RA 8179 Foreign Investment Act These rights shall not extend to activities reserved by the Constitution, including (1) the exercise of profession; (2) in defense related activities under Section 8 (b) hereof unless specifically authorized by the Secretary of National Defense; and, (3) activities covered by Republic Act No. 1180 (Retail Trade Act), Republic Act No. 5187 (Security Agency Act), Republic Act No. 7076 (Small Scale Mining Act), Republic Act No. 3018, as amended (Rice and Corn Industry Act), and P.D. 449 (Cockpits Operation and Management). (As amended by R.A. 8179) 27
Republic Act 7042 as amended by RA 8179 Foreign Investment Act SEC. 10. Other Rights of Natural Born Citizen Pursuant to the Provisions of Article XII, Section 8 of the Constitution. - Any natural born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes. In the case of married couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed. 28
Republic Act 7042 as amended by RA 8179 Foreign Investment Act In the case the transferee already owns urban or rural land for business or other purposes, he shall still be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the maximum areas herein authorized. A transferee under this Act may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines: Provided, That the total land area thereof shall not exceed five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land for use by him for business or other purposes. A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. (As amended by R.A. 8179) 29
Republic Act 9710 Magna Carta for Women Section 9 (c) All government personnel involved in the protection and defense of women against gender-based violence shall undergo a mandatory training on human rights and gender sensitivity pursuant to. this Act. (d) All local government units shall establish a Violence Against Women's Desk in every barangay to ensure that violence against women, cases are fully addressed in a gender-responsive manner) 30
Republic Act 9710 Magna Carta for Women Section 11 SEC. 11. Participation and representation - The State shall undertaken temporary, special measure to accelerate the participation and equitable representation of women in all spheres in society particularly in the decision-making and policy-making processes in government and private entities to fully realize their role as agents and beneficiaries of development. The State shall institute the following affirmative action mechanisms so that women can participate meaningfully in the formulation, implementation, and evaluation of policies, plans, and programs for national, regional, and local development: 31
Republic Act 9710 Magna Carta for Women Section 11 (c) Other Policy and Decision-Making Bodies. - Women's groups shall also be represented in international, national, and local special and decision-making bodies: 32
Republic Act 9710 Magna Carta for Women Section 36 Planning, budgeting, monitoring and evaluation for GAD. GAD programs addressing gender issues and concerns shall be designed and implemented. The cost of implementing GAD programs shall be the agency s or the local government unit s GAD budget which shall be at least five percent (5%) of the agency s or the local government unit s total budget appropriations. 33
Republic Act 9710 Magna Carta for Women Section 36 Women in Development and Nation Building Act.which allocates five percent (5%) to thirty percent (30%) of overseas development assistance to GAD, government agencies receiving official development assistance should ensure the allocation and proper utilization of such funds to gender-responsive programs that complement the government GAD funds. 34
Administrative Code of the Philippines SEC. 33. Policy on Change of Citizenship. Public officers and employees owe the State and the Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law. 35
Republic Act 7160 Local Government Code of 1991 CHAPTER 4. - DISCIPLINARY ACTIONS SECTION 60. Grounds for Disciplinary Actions. - An elective local official may be disciplined, suspended, or removed from office on any of the following grounds: xxx.. Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and 36
Philippine Development Plan (2011-2016) 37
Chapter 1: In Pursuit of Inclusive Growth Relations with foreign nations shall be actively cultivated to support sovereignty, regional peace and security, and economic cooperation based on equitable and mutual benefit. Paramount consideration shall be paid to the ensuring the welfare and protection of the millions of Filipinos working overseas. In economic terms.. thanks to overseas remittances, surpluses on current account have been running consistently since 2003. 38
Chapter 2: Macroeconomic Policy GDP growth averaged 5.6 percent for the period 2004-2006 while average GNP growth was higher at 5.9 percent, boosted by transfers from overseas workers.. Overall, consumption fuelled by remittances is the largest and most stable source of growth from the demand side. 39
Chapter 2: Macroeconomic Policy This partly reflects the difficulty of gaining employment in the formal labor market and implies a high incidence of informal sector work. In addition, the 43.2 percent educated unemployed out of the total unemployed labor force is also very high, a symptom of the labor mismatch in the country and a factor contributing to the growing deployment of Filipino workers overseas, averaging about 1.1 million per year. 40
Chapter 2: Macroeconomic Policy The sheer volume of workers working temporarily overseas indicates the lack of employment opportunities and suggests that domestic investments and entrepreneurship are being held back. These constraints need to be addressed along with strategies formulated to ensure that the working poor and the unemployed can participate and benefit from the development process. 41
Chapter 2: Macroeconomic Policy Policymakers will need to focus on leveraging remittances as a tool for economic development. While remittances are private transfers, the government can ensure that the policy environment is conducive to the use of remittances for investment in wellconsidered financial products, in productive activities such as entrepreneurial undertaking as well as in better housing, education, and healthcare for remitters and their beneficiaries. Improving the financial education of the overseas Filipino community and implementing measures to further promote the flow of remittances through the financial system would help catalyze the developmental role of remittances. 42
By addressing the country s problem of low competitiveness, this Plan aims to promote higher growth in per capita GDP and boost employment. The focus shall be to enable the industry and services sectors to contribute to massive job generation, provide opportunities for Filipinos to rise above poverty, and ultimately offer a meaningful choice for Filipinos to pursue gainful employment here or abroad. Government shall promote sustainable livelihood and micro enterprise development, harnessing the Overseas Filipinos (OFs) community as a source of capital. Chapter 3: Competitive Industry and Service Sector 43
Linkages among Filipino skilled workers and their business network, technical experts and Filipinos involved in epistemic communities abroad shall pursue various multi-stakeholder talentsharing, brain-gain and skills enhancement initiatives. A more aggressive campaign to tap OFs sources of capital shall be pursued..dti and DOLE shall review and strengthen existing programs and consider ways to maximize the brain gain derived by OFs from foreign deployment. The DFA, DOLE, DOF, CFO and the BSP shall conduct financial literary campaign overseas to educate and orient OFs regarding their investment and remittance options. Chapter 3: Competitive Industry and Service Sector 44
Likewise, there is a wide variety in the purpose of their loan application: consumption smoothing, financing for educational needs and funds for migration purposes such as placement fees, document processing fees. Hence, these warrant the introduction of financial products specifically designed for this group of borrowers. A Collective Investment Schemes Law (CISL) to broaden investor participation in the securities market, including participation by Overseas Filipinos. Chapter 6: Towards a Resilient and Inclusive Financial System 45
Women continue to be burdened by the debilitating impact of poverty and the lingering economic crisis and out-migration among women remains high with many in service and domestic occupations. The challenge remains for government to ensure that statutory mandates relating to gender and development concerns are observed and implemented by all concerned sectors. Chapter 7: Good Governance and Rule of Law 46
Improve capacities of prosecutors and law enforcers particularly NBI agents in the investigation and prosecution of special cases involving economic or white collar crimes such as money laundering, tax evasion, smuggling, human trafficking, violations of intellectual property rights and antitrust laws, illegal drugs and even cases involving extralegal killings and other human rights violations as well as violation of environmental laws. Chapter 7: Good Governance and Rule of Law 47
While Filipino women may be considered as relatively advanced vis-à-vis women in other developing countries.., they also suffer from domestic violence, economic disadvantages, discrimination at the workplace, exploitation as migrant workers. In general, women are in disadvantaged position due to differences in gender roles that limit their access to productive resources and basic services. In 2008, 54.7 percent of the total number of female OFWs were laborers and unskilled workers, including domestic helpers, cleaners and manufacturing laborers. Remittances from female OFWs worldwide were relatively lower than from their male counterparts. Chapter 8: Social Development 48
Social security and protection of OFWs are growing concerns given the limited coverage of the SSS, PHILHEALTH and Overseas Workers Welfare Administration (OWWA). Implement mandatory SSS coverage for land-based OFWs and include SSS enrolment as prerequisite in the issuance of the Overseas Employment Certificate. Strengthen measures again human trafficking and provide support for its victims. Strengthen safety nets for OFWs.Institute dialogues and forge agreement to further strengthen cooperation with labor-receiving countries towards mutual protection and benefits for the OFWs. Chapter 8: Social Development 49
Campaign for other countries to ratify international conventions, treaties, standards and protocols that are relevant to the protection and promotion of the rights and well-being of Overseas Filipinos. Institute dialogues and forge agreements to further strengthen cooperation with labor-receiving countries towards mutual protection and benefits for the OFWs. Make the education system responsive to the needs of the global community, while minimizing brain drain, encouraging brain gain and protecting the Filipino family from the social costs of migration; and Encouraging Filipinos overseas to remain rooted in their culture through an appreciation of Filipino languages, culture and heritage. Chapter 8: Social Development 50
Strengthen safety nets for OFWs: a) intensify the effort for OWWA membership enrollment and renewal; and b) Institute dialogues and forge agreements to further strengthen cooperation with labor-receiving countries towards mutual protection and benefits for the OFWs. Chapter 8: Social Development 51
The overseas Diaspora of Filipino entails a wider redefinition and understanding of threats to Filipino interests. In particular, the predicament of overseas Filipinos who come into conflict with the laws of other countries poses complex new challenges to the country s conduct of foreign relations, with potential repercussions on issues of sovereignty and territorial integrity. A comprehensive response to these concerns involves initiatives to improve relations and forge cooperation with other nations to preserve and protect national security and interest, including the welfare of Filipinos living and working abroad. Chapter 9: Peace and Security 52