On Protection, Regularization/

De-Criminalization and Reintegration

"Behind closed doors": OHCHR's global seminar on the human rights of migrant domestic workers in an irregular

situationSeptember 28-29, 2015

Bangkok, Thailand

By Sarah Katrina MaramagMember, Executive Committee

MIGRANTE INTERNATIONAL

Types/Categories of irregular Filipino migrants

1. Victims of human trafficking and illegal recruitment

2. Victims of abuse, maltreatment, unfair labor practices

3. Victims of stringent and anti-migrant labor and immigration policies

4. “State-sponsored” trafficking5. Stateless children

Victims of human trafficking and illegal recruitment

The case of trafficked Filipino

teachers to Washington, DC

Victims of human trafficking and illegal recruitment

The case of Terril Atienza

Victims of abuse, maltreatment and unfair labor practices

The case of Maria Purita Manlangit

Victims of stringent and anti-migrant labor and immigration practices

• The KAFALA System• Saudization – affecting 300,000 Filipinos• Mos Maiorum and the EU Return Directive –

affecting 138,088 Filipinos• Temporary Foreign Workers Program in Canada –

affecting 4,000-5,000 Filipinos

“State-sponsored” human trafficking

The case of Jordan 200+

Copies of employment certificates authenticated by the Philippine Embassy in Jordan during the deployment ban

"Stateless" children

• Children of Sabah• Tent City children

What is their common denominator?

ALL OF THEMARE

VICTIMS.

INSTEAD OF URGENT PROTECTION,

THEY ARE CRIMINALIZEDBY BOTH HOST COUNTRIES

ANDTHEIR COUNTRY OF ORIGIN.

What is their common denominator?

Migrante International strongly believes that instead of criminalizing irregular migrants, they

should be regularized.

Being irregular or undocumented is never reason to be stripped of one’s fundamental human rights. Undocumented migrants and refugees, who inevitably provide solutions to

labor shortages or the clamor for cheap labor in host countries, especially in times of economic

crisis, should not be marginalized and exploited.

Sadly, most of them opt to stay despite imminent threats to their lives and welfare.

Why? Because no decent jobs await them at

home.

What is their common denominator?

ONLY IF MECHANISMS AND LAWS ARE ENACTED TO THEIR FULL EXTENT

REINTEGRATION?

• Only 189 convictions since the Human Trafficking Law was enacted in 2003

• 6,000 Filipinos leaving daily to work abroad since the enactment of the Migrant Workers’ Act

• The Philippine labor export program has become more sophisticated, more aggressive and more detrimental to the rights and welfare of Filipino migrants and their families. There are currently some 15 million Filipinos abroad.

- The Philippines’ reintegration program consists mainly of loan packages with strict collateral requirements and very high interest rates, or

- Temporary livelihood in the form of “starter kits”.

- It also discriminates against irregular migrants.

REINTEGRATION?

Reintegration should address and include justice and just

compensation, especially for victims of unfair labor practices,

unfair dismissals, abuse and maltreatment.

REINTEGRATION?

REINTEGRATION AS SOLUTION IF THE PROBLEM OF FORCED MIGRATION IS

ADDRESSED AND RESOLVED.

Filipinos are being forced to migrate because of desperation. The economy’s lack of development resulting in job loss, low wages and lack of livelihood at home is the primary push factor. Economic policies should focus on developing the national economy by advancing local industries, agriculture and basic services.

Sending countries like the Philippines should deviate from its labor export policy that is focused more on remittances rather than a rights-

based approach to the migration problem .

OR ELSE THE CYCLE

CONTINUES