3 labor officials face dismissal over Demafelis case

The three labor officials who were recalled for alleged inaction on the case of domestic helper Joanna Demafelis may face dismissal from the service.

Labor Secretary Silvestre Bello III revealed that labor attaché Alejandro Padaen, assistant labor attaché Lily Pearl Guerrero and welfare officer Sarah Concepcion have returned from Kuwait, where Demafelis worked for a time, and will soon be facing administrative proceedings.

“Obviously there was negligence, which is tantamount to misconduct. We have asked them to explain already. It is possible that they may be charged administratively. If they are found guilty, depending on the degree of offense, the penalty (will range from) reprimand, suspension and dismissal,” Bello said.

He noted that the three failed to take immediate action after Demafelis was reported missing. Her body was later found stuffed in a freezer.

Demafelis’ employers have been arrested separately in Lebanon and Syria, but they are yet to be extradited to Kuwait, Bello said.

“They may be charged under Kuwait law with murder, which is punishable by death by hanging,” Bello said.

The recruiters of Demafelis, he added, might also be held liable for not monitoring the welfare of the workers they have deployed.

But even before the case could be closed, Bello said he asked the Philippine Overseas Labor Office (POLO) in Saudi Arabia to verify allegations that a Filipino worker, who was not being fed by her employer, has died.

“The information we are getting is hazy, but we are checking it. It has yet to be verified,” he disclosed, stressing the need to thoroughly verify reports and prevent any attempt to destroy the good relations between the Philippines and Middle East countries.

Bello said the team of labor officials that visited Kuwait, Saudi Arabia and Qatar has a complete report on the welfare of workers there and is coming back soon.

Meanwhile, the Commission on Human Rights (CHR) has urged those involved in Demafelis’ recruitment to surface and provide authorities with information regarding her deployment to Kuwait.

CHR commissioner Gwen- dolyn Gana said the owners of the recruitment agency could also provide the government information that could help address problems of Filipino migrant workers.

“We hope that the real owners of Joanna’s recruitment agency, Our Lady of Mt. Carmel Global E-Human Resources, would now surface to shed light on the manner by which they processed her deployment papers,” she said in a statement.

“The flawed manner by which Joanna Demafelis was deployed demonstrates the need to promote a rights-based approach to the recruitment and deployment of Filipino domestic workers overseas,” she added.

The former owner of the Our Lady of Mt. Carmel Global E-Human Resources recently went to the National Bureau of Investigation to clear his name and deny his involvement in the deployment of Demafelis.

The Philippine National Police also presented a distant relative of Demafelis who admitted receiving P13,000 after referring the slain OFW to Our Lady of Mt. Carmel Global EHuman Resources.

Investigation revealed that her employers – a Lebanese and Syrian couple – were not the original employers that she was supposed to serve when she was deployed to the Gulf nation.

Gana expressed concern over illegal practices in the recruitment processes of OFWs, including the illegal transfer of employers and the so-called “tie-up” schemes which she said may have been experienced by Demafelis.

Under a “tie-up” arrangement, recruiters with foreign principals and job orders but without proper accreditation engage the services and facilities of a licensed agency in the Philippines to make it appear that the recruitment process is legal.

Gana warned against such schemes, saying this can endanger the lives of OFWs as they are deceived into thinking that their recruiter is an employee of a legitimate recruitment agency.

She called for a rights-based approach to overseas deployment that would require ethical practices such as the proper vetting of foreign employers and foreign recruitment agencies to ensure that they are qualified to be accredited by the Philippine government.

Philippine recruitment agen- cies, she added, should also not allow their licenses to be used for commercial purposes by “agents” and “sub-agents” with ready employers overseas.

She stressed that such schemes may lead to the forced labor trafficking of Filipino domestic workers because they are compelled to simply follow the instructions of their foreign agency or foreign employer.

“The CHR will soon establish a migrant workers’ rights observatory to gather information regarding the illegal transfer of Filipino domestic workers, particularly in the Middle East, from one employer to another, even while the original contract has yet to expire,” Gana said.

Yesterday, some members of the women’s group Gabriela trooped to the Department of Labor and Employment head office in Manila to condemn the continuing labor export policy.

Joms Salvador, Gabriela secretary-general, said the death of Demafelis should stir the government to refocus its attention on the plight of the OFWs abroad and the continuing promises of improved services for these workers.