Understanding the Department of Migrant Workers
THERE is no denying that Overseas Filipino Workers (OFWS) continue to be considered one of the champions of the Philippine economy. Their remittances remain to be a strong factor and consistent bright spot in setting the pace for economic recovery.
Recognizing their patriotism, courage and sacrifices in working in another land far away from their loved ones, it is but apt that their heroism does not remain unnoticed. That is why just before the previous year ended, President Rodrigo Duterte signed into law Republic Act 11641 or the Department of Migrant Workers Act. This means all government agencies that deal directly with OFW matters will now be under one umbrella office.
The objective is simple: make life being an OFW be made more convenient, worry- and problemfree in terms of their needs such as facilitation of their work and travel documents, assistance regarding their employment, grievances, protection from abuse, among others. In short, better treatment for the people who have long been considered as one of our modern-day heroes.
Sarah Lou Arriola, Undersecretary of the Office of Migrant Workers’ Affairs (OMWA) of the Department of Foreign Affairs (DFA), said that the Department of Migrant Workers (DMW) Act, which took effect last February 3, 2022, the date that also happens to be the 95th birth anniversary of former Labor Secretary, Senate President and DFA Secretary Blas Ople, also called the “Father of the Philippine Labor Code,” is something that they are proud of.
Trailblazing legislation
This trailblazing piece of legislation, Arriola said, includes the 23 Objectives of the Global Compact for Migration in its Declaration of Policies. In 2018, they adopted a local compact for safe and orderly migration, which was also adopted by 152 countries.
“We are very proud to be the first country in the world that placed in our domestic legislation a law, which is going to be the basis of our policies in the succeeding years when it comes to migration,” she said during the “Blas F. Ople Policy Center Lecture on Philippine Overseas Employment: Past, Present and Future” that was conducted together with the Businessmirror.
However, Arriola emphasized that RA 11641 is not a labor export law but a law on safe, orderly and regular migration. When talking to her counterparts from other countries, particularly the Middle East, Arriola said they liked talking to foreign affairs because they are also given a “migration” perspective and not just a “labor” one, not just about getting jobs but more for workers’ protection.
“In the Global Compact, we also talk about human rights, fair and ethical recruitment, labor mobility, and decent work. These are all in the law, but of course, it will really depend on who will be able to implement it,” Arriola pointed out.
Rise and fall
However, she cautioned that the DMW will rise and fall with the new administration. There are timelines to be followed, like the appointment of a DMW Secretary or Acting Secretary anytime soon, a Department Order on the use of actual funds, Implementing Rules and Regulations (IRR), a staffing pattern by June and submission of the new department’s budget. She also pointed out the importance of a transition committee, where the next administration will depend on for the implementation of the law.
“The transition from the current to the next administration is important because the new department will not function without a budget. It will also depend on the political will of the next president, how it will value migration and how much resources the new department will be given,” she said.
Lastly, the DMW was the fulfillment of a campaign promise by President Duterte in 2016 regarding the creation of a “one-stop shop” for all OFWS. It will take care of both documented and undocumented workers, regular and irregular, from preemployment to employment to reintegration that will all be done under one roof.
“It will be made easy for all migrant workers to go to just one office. We expect growing pains since the DMW will combine at least seven agencies, with lots of adjustments at the onset. But this is definitely a good step in the right direction, and is definitely welcomed by countries of destination,” she concluded.
Migrant worker protection
For her part, Atty. Darlene Pajarito, Justice Systems Director of the Asean-australia Counter-trafficking (ASEANACT), which is a 10-year investment of the Australian government and engages with all 10 ASEAN countries, said ASEAN-ACT is happy to have a partnership with the Blas Ople Policy Center Training Institute in 2021, particularly on the issue of migrant worker protection in new policy framework, prevention of trafficking and assistance to trafficked persons.
“With the signing of the DMW law, we will continue to work with the Ople Center Research on this area to informed policymaking towards the effective implementation of this new law, and also create awareness and better understanding on trafficking of persons affecting OFWS, including migrant workers’ rights and prosecution of trafficking.”
She said the enactment of RA 11641 is really a positive development and a trailblazing legislation, as Arriola mentioned. “We expect to see a more consolidated welfare and support services to OFWS, only one department in managing and handling OFWS’ concerns.”
Overlapping functions
Atty. Pajarito, though, expressed some concerns on the possibility of overlapping of functions and services. She said that it is very important to have a clear IRR, that the April timeline will be achievable, including the powers of the department in the criminal justice process, especially on jurisdiction of law enforcement agencies in handling of cases. “This is why the IRR is important to give clarity and in resolution or prosecution of cases, particularly against a foreigner, which are among the challenges of cross-border investigation and prosecution. We hope that with this new law, that process can be easier.”
With regard to the transition plans, Arriola said that DFA Secretary Teodoro Locsin has been conducting meetings already to constitute a transition committee and a technical working group and how these will be put together. “What’s very unique about the DFA is that only the OMWA and another office are the only ones going to the DMW but the rest of the offices will remain with the DFA. The reason why we are in the transition committee is that we have to turn over the services and even the functions of some of our foreign service officers and staff abroad to the new department.”
As for the Philippine Overseas Employment Administration (POEA), largely considered to become the backbone of the DMW, Administrator Bernard Olalia said the Department of Labor and Employment (DOLE) has already issued an Administrative Order (AO) creating a DOLE transition committee to be headed by DOLE Undersecretary Atty. Claro Arellano, co-chaired by the POEA administrator and OWWA Administrator Hans Leo Cacdac. “The members are all the attached agencies that will be included in the merger and consolidation of the new department.”
He said that prior to the issuance of the AO for the transition, Olalia said the POEA also issued a Special Order to create a POEA transition committee that will conduct a strategic review of the present operations and the organizational structure of the POEA, knowing that the POEA will be the core of the new DMW. “We are now in the process of consolidating all the inputs from the different frontline offices of the POEA, and scheduling meetings with counterparts in the Department of Budget and Management and Civil Service Commission because of the important functions of the transition committee.”
IRR crafting
Olalia said the transition committee is tasked to craft an IRR at least within 60 days of the effectivity of the law, publish it for it to become effective, and then the staffing patterns, and then submit the DMW budget, which should be approved in the 2023 General Appropriations Act (GAA). He emphasized in the POEA transition committee that there must be a consultation process with all stakeholders in the overseas employment industry, including private recruitment agencies, even the unlicensed ones, the OFW representatives, the NGOS, the POEA’S Overseas Landbased Tripartite Consultative Council, the Maritime Industry Consultative Council. “We will try to get all insights and consolidate them, which should form part of the final IRR before presenting it to the inter-agency committee.”
With regard to the DMW that might create a vacuum, Cacdac assured there will never be a vacuum, especially on the protection and welfare of migrant workers, which will continue.
He said that the law has made it clear, that the transition of two years will not sacrifice the protection and welfare of OFWS but on the contrary, it will be further strengthened. “What is crucial is now until the next few months because the budget development cycle is now running, and in this cycle, all the agencies, not just those implementing the programs, will make sure that we’re laying a pretty huge egg, so to speak, for the incoming administration which will fully administer the new law of the DMW.”