DOLE’s virus aid guidelines for OFWs selective, unfair

Overseas Filipino workers waiting for their luggage. INQUIRER FILE

We commend government for setting aside P1.5 billion from the P5 billion DOLE COVID-19 Adjustment Measures Program (DOLE-CAMP) fund to assist affected OFWs as early as March 25, 2020.

However, we believe that the rules and guidelines in DO-212 render the AKAP Program selective and unfair. Thus, we, the undersigned, call on the government to revise the implementing guidelines for the Department of Labor and Employment’s (DOLE) AKAP Program, as stipulated in Department Order (DO) -212 signed on April 8, 2020.

We urge DOLE to specifically consider the following comments and proposed revisions:

On Item I: Coverage

We welcome the inclusion of both regular/documented OFWs and qualified undocumented OFWs in the coverage of the AKAP Program. We urge DOLE, however, to consider including undocumented OFWs who may have undertaken processes to regularize their contracts or work statuses in destination countries but were not able to complete these processes due to the COVID crisis. It is not fair that undocumented OFWs whose statuses are ‘in limbo’ be excluded from government assistance.

On Item II: Eligibility

We urge government to revise all three requirements for eligibility stipulated in DO 212.

On requirement 1: While we agree that AKAP beneficiaries must be “those who have experienced job displacement due to the receiving country’s imposition of lockdown or community quarantine or having been infected by the disease”, we insist that DOLE consider other COVID 19-related circumstances that make OFWs more vulnerable than they already are.
DOLE must include as beneficiaries, for example, those who have not been terminated but have to bear a “no work, no pay” status or those whose wages have been withheld or reduced by their employers. The latter situation is particularly a prevalent experience among our migrant domestic workers.

On requirement 2: The AKAP Program must not be limited to those who “must be still at overseas jobsites, or in the Philippines as Balik-Manggagawa or already repatriated to the Philippines”. DOLE must include OFWs who were supposed to leave for the first time but failed to do so because of the lockdown in the Philippines and/or in countries of destinations. Said migrant workers must already be considered as documented OFWs.

Moreover, the guidelines must be explicit to include sea-based OFWs, who number more than 350,000 at any time since 2011, including cruise ship workers who comprise about 161,480 (39%) (POEA, 2015) ) Filipino sea- based workers. As of April 6, 2020, the running total of repatriated seafarers is 4,658.

On requirement 3: We urge DOLE to remove this provision that states that beneficiaries “must not receive any financial support/ assistance from the receiving countries/employers”. We do not see the wisdom of this provision given that the Philippine state, as country of origin, is obliged to assist all OFWs affected by COVID 19. Assistance offered by countries of destination or by employers must not negate said obligation. Any offer from these countries must be viewed as a value added rather than as bottomline assistance.

On Item III: Priority Countries/ Territories for OFWs Onsite

The DO “prioritizes” 10 countries in the Middle East and Africa, 10 countries in the Asia and the Pacific and 9 countries in Europe and the Americas. While we understand that there is a need to prioritize given limited resources, we urge DOLE to assure OFWs in need but not in the priority list that they will still be given assistance. As our OFWs are in more than 238 countries and territories around the globe and the pandemic affects more than 200 countries, it is but proper that the government gives assurance to all OFWs that help is on the way.

Moreover, we do not understand how priority countries can be contingent on the presence of Philippine Overseas Labor Offices (POLOs) given that OFWs will not be able to physically transact with these POLOs and fund transfers can be done electronically. What DOLE needs to do is to make sure that there are enough personnel to develop and administer said online portal.

On Item IV: Application Procedure

We understand that a system for application needs to be created. We want to reiterate, however, that the need of OFWs is immediate and therefore required paperwork must not override other sources of validation regarding an OFW’s level of displacement due to COVID 19. This is in line with our recommendations above regarding eligibility. For example, a narrative by an OFW regarding his/her problematic situation must also be considered as acceptable documentation for eligibility.

In addition, we would like to bring to government’s attention some immediate and medium-long term concerns:

Ensuring availability of quarantine facilities, healthcare services, shelter provision and protocols for returning OFWs

The IATF has repeatedly announced that there are now facilities that cater solely to COVID 19-affected cases. The Department of Tourism and some LGUs have also declared that some hotels will be transformed into quarantine sites. We welcome these developments. Moreover, we would like to emphasize that government must produce easy-to-understand information on health protocols especially for returning OFWs. These protocols must be made public and disseminated widely for the guidance of the OFWs, their families and the public. In particular, returning OFWs should be oriented and provided instructions about quarantine and physical distancing.

Moreover, we need to remind government that there are other returning OFWs who need to transit via Manila but have nowhere to stay in the Metropolis. With families left behind in cities or provinces outside Manila, these OFWs only have government to rely on for shelter while in transit and for transportation to their respective homes (given the lockdown).

Expediting distribution of assistance funds

Given the growth of COVID-19 infection rates here at home and abroad, we urge government to expedite the distribution of assistance funds. While we are aware that DOLE faces many challenges, it took two weeks between the approval of the AKAP fund on March 25 and the release of the implementing guidelines on April 8. We reiterate the need for government to act swiftly to address the urgent needs of OFWs in need.

Considering “displacement” and job precarity

The government has estimated that some 70,000 OFWs have been displaced and that these OFWs can avail of the one-time financial assistance of US$200 or Php10,000 from the AKAP Fund. We urge government not only to think of “displacement” of OFWs, but also wage reduction and/or job precarity.

Government must also keep in mind that OFW remittances are often the only if not the main source of income for OFW families left behind. If government wanted to be more accurate in its amelioration fund assistance, it should consider not just the job losses but the amount of remittances to be lost. At the moment, some quarters have estimated this remittance loss to be somewhere in the range of USD 3.9B – USD 8.5B. In terms of OFWs affected estimates range from 240,000 -400,000. If this is indeed the case, then the 1.5 billion amelioration fund is clearly not sufficient as it can cover only 150,000 OFWs.

We need additional fund allocation to make the assistance more inclusive and meaningful.

Retention of health care workers

Instead of imposing ‘travel bans’ on health professionals, government must seek ways to make it favorable for these health workers to work here in the country.

COVID 19 is taking a toll not just on our public health care system. We must anticipate, for example, that the transmission of COVID 19 (or other such viruses) will always be “international” and not just “local” given the mobility of our OFWs. To secure everyone, our public health system must be able to take care of the resident population and OFWs abroad and those who are returning to the Philippines.

Developing alternatives for displaced OFWs and incentivizing reintegration

Government must be reminded that majority of OFWs leave the country to seek work decent work is not available at home. To encourage the return of OFWs, especially healthcare workers, government must incentivize this coming home. Reintegration cannot (and should not) be forced.

The Future of Filipino Labor Migration

The impact of the pandemic is far reaching and deep and may even be irreversible for our OFWs and families because more than 50% of our OFWs (PSA. 2018) are in the services sectors –both essential like caregiving and domestic work and non-essential as in sales, tourism, hospitality and related services including in the cruise ships. For a global economy in recession, ‘non-essential’ services will take a back seat for the years to come.

In this scenario, our biggest challenge is how to generate jobs in the local economy even as we battle the recession that everyone is expecting. This will require a comprehensive agri-industrial policy. At the same time, the government has to think about reskilling, retooling and upskilling.

SIGNATORIES:

Philippine Migrants Rights Watch (PMRW)
–Apostleship of the Sea Manila (AOS-Manila)
–CBCP-Episcopal Commission for Migrants and itinerants (CBCP-ECMI) –Center for Migrant Advocacy (CMA)
–Development Action for Women Network (DAWN)
–Scalabrini Migration Center
–Scalabrini Center for People on the Move

Federation of Free Workers (FFW)
Partido ng Manggagawa (PM)
Sentro
Asosasyon ng mga Makabayang Manggagawang Pilipino Overseas (AMMPO- Malaysia)

Progressive Labor Union (PLU-Hongkong)

Migrant Forum in Asia
Unlad Kabayan Migrant Services Foundation

Working Group on Migration, Political Science Department, Ateneo de Manila University (ADMU WGM)