Toothless deal

WE reject the proposed “memorandum of understanding (MOU)” between the Philippines and Kuwait supposedly meant to protect Filipino domestic workers in the oil-rich emirate. It is basically a vague promise. It does guarantee fulfillment of the terms set forth by President Duterte himself.

The draft agreement does not spell out enforcement mechanisms such as labor inspections, and fails to specify the penalties for Kuwaiti employers who deprive Filipino domestic workers of their rights. Without the means of enforcement or coercion, we cannot expect reasonable compliance by Kuwaiti employers.

Filipino domestic workers in Kuwait would remain at high risk of getting mistreated and exploited, even if the agreement is signed. When Mr. Duterte first imposed a temporary ban on the deployment of Filipino workers to Kuwait, he listed his own demands before he would consider lifting his injunction.

He demanded that Filipino domestic workers should be allowed to possess their passports; keep their cell phones so they can get in touch with their families; enjoy adequate rest, including at least seven hours of daily sleep as well as holidays so they do not end up as slaves; and have the option to prepare their own meals to ensure they are eating enough and not mere scraps. Mr. Duterte has since made “permanent” the temporary deployment ban.

The common abuses against Filipino domestic workers in Kuwait include passport and phone confiscation, long working hours with no rest days, food deprivation, non-payment of wages, physical and sexual assault, and lack of clear channels for redress, according to the Office of Migrant Workers Affairs.

In the proposed MOU, the employer is not allowed to keep in his possession’ the domestic worker’s passport, but there is no penalty indicated for the erring employer. The draft also states that the employer is supposed to “allow the use of cell phones” but does guarantee the worker’s right to keep and use her phone. There is also no penalty stipulated for the employer who seizes the worker’s phone.

Also, the draft merely provides Filipino domestic workers unspecified “hours of rest” and does not indicate the minimum seven hours of sleep demanded by the president.

The draft also states that the employer is supposed to provide the worker with food, but does not specify how many times a day. It also does not give the worker the option to cook her own food, as demanded by the president. Then there is the lack of a sick leave provision in the draft, which merely states that employers are supposed to “provide medical treatment if the worker is injured on the job.”

We also urge the Kuwaiti government to stop punishing Filipino domestic workers who escape from their abu- sive employers. Right now, a domestic worker who flees from a cruel employer automatically faces absconding charges under Kuwait law, and is subject to arbitrary detention and imprisonment.

Of the 260,000 Filipinos in Kuwait, 170,000 are domestic workers. They account for one-fourth of the 660,000 mostly Asian and African domestic workers in the emirate.--ACTS-OFW