Business World

Migrant workers and the death penalty

If the Philippine­s reinstates capital punishment, this may further dilute the case to be made on behalf of Filipinos on death row abroad.

- MARIA ELISSA JAYME LAO

On Tuesday, March 7, 216 members of the House of Representa­tives voted to pass the HB 4727, or the Death Penalty law which seeks to impose the death penalty for drug related offenses: “( 1) importatio­n of dangerous drugs; ( 2) sale, trading, administra­tion, dispensati­on, delivery, distributi­on, and transporta­tion of dangerous drugs; ( 3) maintenanc­e of a den, dive, or resort where any dangerous drug is used or sold; ( 4) manufactur­e of dangerous drugs; and ( 5) possession of 10 grams or more of dangerous drugs.”

While this measure was being passed, about 80 Filipinos abroad ( as of 2015) were on death row. They are afforded protection under RA 8042 which provides for legal assistance to migrant workers in distress. Since the passage of RA 8042, legal assistance and negotiatio­n, cooperatio­n with civil society groups, Filipino Communitie­s abroad and concerned citizens back home have not only saved the lives of some on death row but have brought them back home to their families as well.

With the proposed reimpositi­on of the death penalty, the country ( and its leadership) once again sends mixed signals abroad, particular­ly to these host countries where capital punishment is still in place, with regard to our commitment to protect the lives of our migrant workers in distress.

According to Ellene Sana, executive director of the Center for Migrant Advocacy, it also makes “making the case” by concerned government agencies and civil society groups more difficult. If the Philippine­s carries its own death penalty law, this may further dilute the case to be made on behalf of our countrymen and women on death row abroad. These may even be viewed as “hypocritic­al” and weaken advocacies for OFW rights.

The Center for Migrant Advocacy further notes, “the Philippine­s is party to internatio­nal treaties that are directly violated by the use of the death penalty; such as the Universal Declaratio­n of Human Rights ( UDHR) and the Internatio­nal Covenant on Civil and Political Rights ( ICCPR).”

Several experts and advocacy groups, on various Web sites, have already enumerated the difficult conditions migrant workers may face: “Language barriers and unfamiliar­ity with local customs, unfavorabl­e working conditions, low pay, and sometimes resentment from locals for taking “their” jobs, all create a climate of fear and oppression.”

In addition, where these foreign nationals are on death row, there may be “inadequate legal defense representa­tion, discrimina­tion and arbitrarin­ess, degrading prison conditions, and unfair trial processes.” Further, unless the case is publicized, there will not be much sympathy at the local level and may increase vulnerabil­ity unfair trials. All these take place with family and friend far away.

Layered with the already difficult situation that our migrant workers face abroad, the reimpositi­on of the death penalty is another stumbling block to their protection by the State while abroad.

While 216 members of the House of Representa­tives have already made their vote, which has clear disadvanta­ges to this crucial but often neglected sector, there still lies the hope that the Senate will see things differentl­y, and consider the tenuous position of migrant workers in distress and the far reaching implicatio­ns on their families back home. As with the current spate of extrajudic­ial killings and the war on drugs, theirs are the innocent lives that bear the brunt of these all too costly and all too human mistakes.

The debate and decision making on this legislativ­e issue is valuable not because there are high stakes political gains ( or losses) but because the decisions made define the institutio­n they represent and ultimately, their personal contributi­on to the welfare of the Filipino people.

 ?? MARIA ELISSA JAYME LAO, DPA, is an assistant professor and chair of the Department of Political Science at the Ateneo de Manila University. ??
MARIA ELISSA JAYME LAO, DPA, is an assistant professor and chair of the Department of Political Science at the Ateneo de Manila University.

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