1
Financed by
JOINT MIGRATION AND DEVELOPMENT INITIATIVE
Authorizing an M&D‐responsive plan and its projects: Legal bases and options for M&D
inclusion in local plans
Golda Myra R. Roma
30 September 2014
2
Financed by
Legislations
• Migrant Workers Act (1995 and 2010)
• Anti-Trafficking in Persons (2003 and 2012)
• Balikbayan (Returnee) Law (1995 and 2001)
• Balik Scientist Law (1975, 1980, 1986, 1993)
• Passport Act (1996)
• Overseas Absentee Voting (2003 and 2013)
• Dual Citizenship Law (2003)
• Kasambahay (Domestic Work) Law (2012)
3
Financed by
• 1990 International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families
• 2000 Protocols to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and Against Smuggling of Migrants by Land, Sea and Air
• ILO Convention 97 (Migration for Employment Convention) and 143 (Migrant Workers (Supplementary) Provisions)
4
Financed by
As of March 2013, the Philippines has:
a. bilateral labor agreements for land-based workers with 24 countries
b. bilateral social security agreements with 11 countries with 2 countries in progress
c. signed 9 UN conventions, 8 ILO core conventions and 4 ILO conventions related to migration
6
Financed by
Republic Act 8042 amended by RA 10022
Migrant Workers Act (1995 and 2010)
"(d) Local Government Units. - In the fight against illegal
recruitment, the local government units (LGUs), in partnership
with the POEA, other concerned government agencies, and non-
government organizations advocating the rights and welfare of
overseas Filipino workers, shall take a proactive stance by being
primarily responsible for the dissemination of information to
their constituents on all aspects of overseas employment. To
carry out this task, the following shall be undertaken by the
LGUs:
7
Financed by
Republic Act 8042 amended by RA 10022
Migrant Workers Act (1995 and 2010)
"(d.1) Provide a venue for the POEA, other concerned
government agencies and non-government organizations to
conduct PEOS to their constituents on a regular basis”
"(d.2) Establish overseas Filipino worker help desk or kiosk
in their localities with the objective of providing current
information to their constituents on all the processes aspects of
overseas employment. Such desk or kiosk shall, as be linked to
the database of all concerned government agencies, particularly
the POEA for its updated lists of overseas job orders and
licensed recruitment agencies in good standing.“
8
Financed by
Republic Act 8042 amended by RA 10022
Migrant Workers Act (1995 and 2010)
"SEC. 17. Establishment of National Reintegration Center for
Overseas Filipino Workers. - A national reintegration center for
overseas Filipino workers (NRCO) is hereby created in the
Department of Labor and Employment for returning Filipino
migrant workers which shall provide a mechanism for their
reintegration into the Philippine society, serve as a promotion
house for their local employment, and tap their skills and
potentials for national development.
9
Financed by
Republic Act 8042 amended by RA 10022
Migrant Workers Act (1995 and 2010)
"SEC. 20. Establishment of a Shared Government Information System
for Migration. - An interagency committee composed of the Department
of Foreign Affairs and its attached agency, the Commission on Filipinos
Overseas, the Department of Labor and Employment and its attached
concerned agencies, …the Department of the Interior and Local
Government, …. Statistical and Coordination Board, the National
Statistics Office and other government agencies concerned with
overseas employment shall be established to implement a shared
government information system for migration. The interagency
committee shall initially make available to itself the information
contained in existing data bases/files. The second phase shall involve
linkaging of computer facilities on order to allow free-flow data
exchanges and sharing among concerned agencies.
10
Financed by
Republic Act 9208 amended by RA 10364
Anti-Trafficking in Persons (2003 and 2012)
(i) Department of the Interior and Local Government
(DILG) - shall institute a systematic
information and prevention campaign and likewise
maintain a databank for the effective
monitoring, documentation and prosecution of cases
on trafficking in persons.
11
Financed by
Republic Act 9208 amended by RA 10364
Anti-Trafficking in Persons (2003 and 2012)
“(i) Department of the Interior and Local Government
(DILG) – shall institute a systematic information and
prevention campaign in coordination with pertinent
agencies of government as provided for in this Act. It
shall provide training programs to local government
units, in coordination with the Council, in ensuring wide
understanding and application of this Act at the local
level.
12
Financed by
Republic Act 9208 amended by RA 10364
Anti-Trafficking in Persons (2003 and 2012)
“(j) Commission on Filipinos Overseas – shall conduct pre-
departure counseling services for Filipinos in intermarriages.
It shall develop a system for accreditation of NGOs that may
be mobilized for purposes of conducting pre-departure
counseling services for Filipinos in intermarriages. As such, it
shall ensure that the counselors contemplated under this Act
shall have the minimum qualifications and training of
guidance counselors as provided for by law.
“It shall likewise assist in the conduct of information
campaigns against trafficking in coordination with local
government units, the Philippine Information Agency, and
NGOs.
13
Financed by
Republic Act 9208 amended by RA 10364
Anti-Trafficking in Persons (2003 and 2012)
“(k) Local government units (LGUs) – shall monitor and
document cases of trafficking in persons in their areas of
jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act and
ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in
persons through the establishment of the Migrants
Advisory and Information Network (MAIN) desks in
municipalities or provinces in coordination with the DILG,
PIA, CFO, NGOs and other concerned agencies. They shall
encourage and support community-based initiatives
which address the trafficking in persons.
14
Financed by
Republic Act 9208 amended by RA 10364
Anti-Trafficking in Persons (2003 and 2012)
“In implementing this Act, the agencies concerned may
seek and enlist the assistance of NGOs, people’s
organizations (POs), civic organizations and other
volunteer groups.”
15
Financed by
Republic Act 9208 amended by RA 10364
Anti-Trafficking in Persons (2003 and 2012)
“SEC. 17-A. Temporary Custody of Trafficked Victims. – The
rescue of victims should be done as much as possible with
the assistance of the DSWD or an accredited NGO that
services trafficked victims. A law enforcement officer, on a
reasonable suspicion that a person is a victim of any offense
defined under this Act including attempted trafficking, shall
immediately place that person in the temporary custody
of the local social welfare and development office, or any
accredited or licensed shelter institution devoted to protecting
trafficked persons after the rescue.”
16
Financed by
Republic Act 6768 amended by RA 9174 (2002)
Balikbayan Law
The term "balikbayan" shall mean a Filipino citizen who has
been continuously out of the Philippines for a period of at
least one (1) year, a Filipino overseas worker, or former
Filipino citizen and his or her family, as this term is
defined hereunder, who had been naturalized in a foreign
country and comes or returns to the Philippines
The term "family" shall mean the spouse and the children of
the balikbayan who are not balikbayan in their own right
traveling with the latter to the Philippines
17
Financed by
Republic Act 6768 amended by RA 9174 (2002)
Balikbayan Law
• Tax- exempt maximum purchase in the amount of One
Thousand five hundred United States dollars (US$
1,500.00) or its equivalent in Philippine peso and in
other foreign currencies at all government-owned and -
controlled/operated duty free shops subject to the
limitations contained in Section 4 hereof
• All domestic carriers shall establish a special
promotional/ incentive program for the balikbayan
• Visa-free entry to the Philippines for a period of one (1)
year for foreign passport holders, with the exception of
restricted nationals
18
Financed by
Republic Act 6768 amended by RA 9174 (2002)
Balikbayan Law
• Travel tax exemption as provided under Presidential
Decree No, 1183, Executive Order No.283, and other
allied laws
• Especially designated reception areas at the authorized
ports of entry for the expeditious processing of
documents
• Accredited transportation facilities that will ensure their
safe and convenient trips upon arrival. The DOT, DOTC
and other concerned government agencies are hereby
mandated to implement the program for this particular
purpose
19
Financed by
Republic Act 6768 amended by RA 9174 (2002)
Balikbayan Law
• Kabuhayan shopping privilege and additional tax-exempt
purchase in the maximum amount of Two Thousand
United States dollars (US$ 2,000.00) or its equivalent in
Philippine peso and other acceptable foreign currencies;
exclusive for the purchase of livelihood tools at all
government-owned and controlled/operated duty-free
shops.
20
Financed by
Republic Act 6768 amended by RA 9174 (2002)
Balikbayan Law
Sec. 6. Training Programs. - The DOLE through the OWWA,
in coordination with the TRC, TESDA, livelihood corporation
and other concerned government agencies, shall provide
the necessary entrepreneurial training and livelihood skills
programs and marketing assistance to a balikbayan,
including his or her immediate family members, who shall
avail of the kabuhayan program in accordance with the
existing rules on the government's reintegration program.
In the case of non-OFW balikbayan, the DOT shall make
the necessary arrangement with the TLRC and other
training institutions for possible livelihood training.
21
Financed by
Presidential Decree 819 (1975, 1980, 1986, 1993)
DOST Balik Scientist Program
The Balik Scientist Program aims to strengthen the
scientific and technological human resources of
academic, public and private institutions in order to
accelerate the flow of technologies and stimulate the
development of new or strategically important
technologies that are vital to national development and
progress.
22
Financed by
Presidential Decree 819 (1975, 1980, 1986, 1993)
DOST Balik Scientist Program
1. Long-Term Program – It is a program utilizing the
expertise of expatriate Filipino Scientist and Technologist
with a duration of at least two (2) years in the case of Balik
Scientist and three (3) years in the case of New
Graduates.
2. Short-Term Program - It is a program utilizing the
expertise of expatriate Filipino Scientist and Technologist
with a duration of at least thirty (30) days. The program
can be availed of by the Scientist several times subject to
the approval of the Secretary.
23
Financed by
Republic Act 8239 (1996)
Philippine Passport Law
Issuance of birth certificate from the Office of Civil
Registrar
Issuance of travel authority fin special cases
Establishment of Consular Offices in local areas
25
Financed by
Republic Act 7042 as amended by RA 8179
Foreign Investment Act
State to attract, promote and welcome productive investments from
foreign individuals, partnerships, corporations, and governments
Foreign investments shall be encouraged in enterprises that significantly
expand livelihood and employment opportunities for Filipinos; enhance
economic value of farm products; promote the welfare of Filipino
consumers
Foreign owned firms catering mainly to the domestic market shall be
encouraged to undertake measures that will gradually increase Filipino
participation in their businesses by taking in Filipino partners, electing
Filipinos to the board of directors, implementing transfer of technology
to Filipinos, generating more employment for the economy and
enhancing skills of Filipino workers.
26
Financed by
Republic Act 7042 as amended by RA 8179
Foreign Investment Act
SEC. 9. Investment Rights of Former Natural-born
Filipinos. - Former natural born citizens of the Philippines
shall have the same investment rights of a Philippine citizen
in:
a. Cooperatives under Republic Act No. 6938
b. Rural Banks under Republic Act No. 7353
c. Thrift Banks and Private Development Banks under
Republic Act No. 7906, and
d. Financing Companies under Republic Act No. 5980.
27
Financed by
Republic Act 7042 as amended by RA 8179
Foreign Investment Act
These rights shall not extend to activities reserved by the
Constitution, including
(1) the exercise of profession;
(2) in defense related activities under Section 8 (b) hereof unless
specifically authorized by the Secretary of National Defense;
and,
(3) activities covered by Republic Act No. 1180 (Retail Trade Act),
Republic Act No. 5187 (Security Agency Act), Republic Act
No. 7076 (Small Scale Mining Act), Republic Act No. 3018, as
amended (Rice and Corn Industry Act), and P.D. 449
(Cockpits Operation and Management)”. (As amended by
R.A. 8179)
28
Financed by
Republic Act 7042 as amended by RA 8179
Foreign Investment Act
SEC. 10. Other Rights of Natural Born Citizen Pursuant to
the Provisions of Article XII, Section 8 of the Constitution. -
Any natural born citizen who has lost his Philippine citizenship
and who has the legal capacity to enter into a contract under
Philippine laws may be a transferee of a private land up to a
maximum area of five thousand (5,000) square meters in the
case of urban land or three (3) hectares in the case of rural land
to be used by him for business or other purposes. In the case of
married couples, one of them may avail of the privilege herein
granted: Provided, That if both shall avail of the same, the total
area acquired shall not exceed the maximum herein fixed.
29
Financed by
Republic Act 7042 as amended by RA 8179
Foreign Investment Act
In the case the transferee already owns urban or rural land for business
or other purposes, he shall still be entitled to be a transferee of
additional urban or rural land for business or other purposes which
when added to those already owned by him shall not exceed the
maximum areas herein authorized.
A transferee under this Act may acquire not more than two (2) lots which
should be situated in different municipalities or cities anywhere in the
Philippines: Provided, That the total land area thereof shall not exceed
five thousand (5,000) square meters in the case of urban land or
three (3) hectares in the case of rural land for use by him for business or
other purposes. A transferee who has already acquired urban land shall
be disqualified from acquiring rural land and vice versa”. (As amended
by R.A. 8179)
30
Financed by
Republic Act 9710
Magna Carta for Women
Section 9
(c) All government personnel involved in the protection and defense of women against gender-based violence shall undergo a mandatory training on human rights and gender sensitivity pursuant to. this Act.
(d) All local government units shall establish a Violence Against Women's Desk in every barangay to ensure that violence against women, cases are fully addressed in a gender-responsive manner)
31
Financed by
Republic Act 9710
Magna Carta for Women
Section 11
SEC. 11. Participation and representation - The State shall undertaken
temporary, special measure to accelerate the participation and
equitable representation of women in all spheres in society
particularly in the decision-making and policy-making processes in
government and private entities to fully realize their role as agents and
beneficiaries of development.
The State shall institute the following affirmative action mechanisms so
that women can participate meaningfully in the formulation,
implementation, and evaluation of policies, plans, and programs for
national, regional, and local development:
32
Financed by
Republic Act 9710
Magna Carta for Women
Section 11
(c) Other Policy and Decision-Making Bodies. - Women's
groups shall also be represented in international,
national, and local special and decision-making bodies:
33
Financed by
Republic Act 9710
Magna Carta for Women
Section 36
…Planning, budgeting, monitoring and evaluation for GAD.
GAD programs ‘addressing gender issues and concerns
shall be designed and implemented….
The cost of implementing GAD programs shall be the
agency’s or the local government unit’s GAD budget
which shall be at least five percent (5%) of the agency’s
or the local government unit’s total budget appropriations.
34
Financed by
Republic Act 9710
Magna Carta for Women
Section 36
Women in Development and Nation Building Act….which
allocates five percent (5%) to thirty percent (30%) of
overseas development assistance to GAD, government
agencies receiving official development assistance should
ensure the allocation and proper utilization of such funds to
gender-responsive programs that complement the
government GAD funds.
35
Financed by
Administrative Code of the Philippines
SEC. 33. Policy on Change of Citizenship. — Public officers
and employees owe the State and the Constitution
allegiance at all times, and any public officer or employee
who seeks to change his citizenship or acquire the
status of an immigrant of another country during his
tenure shall be dealt with by law.
36
Financed by
Republic Act 7160
Local Government Code of 1991
CHAPTER 4. - DISCIPLINARY ACTIONS
SECTION 60. Grounds for Disciplinary Actions. - An elective
local official may be disciplined, suspended, or removed
from office on any of the following grounds:
xxx…..
Application for, or acquisition of, foreign citizenship or
residence or the status of an immigrant of another
country; and
38
Financed by
Chapter 1: In Pursuit of Inclusive Growth
Relations with foreign nations shall be actively cultivated to
support sovereignty, regional peace and security, and economic
cooperation based on equitable and mutual benefit. Paramount
consideration shall be paid to the ensuring the welfare and
protection of the millions of Filipinos working overseas.
In economic terms…….. thanks to overseas remittances,
surpluses on current account have been running consistently since
2003.
39
Financed by
Chapter 2: Macro-economic Policy
GDP growth averaged 5.6 percent for the period 2004-2006 while
average GNP growth was higher at 5.9 percent, boosted by
transfers from overseas workers…..
Overall, consumption fuelled by remittances is the largest and most
stable source of growth from the demand side.
40
Financed by
Chapter 2: Macro-economic Policy
This partly reflects the difficulty of gaining employment in the formal
labor market and implies a high incidence of informal sector work.
In addition, the 43.2 percent “educated unemployed” out of the total
unemployed labor force is also very high, a symptom of the labor
mismatch in the country and a factor contributing to the growing
deployment of Filipino workers overseas, averaging about 1.1
million per year.
41
Financed by
Chapter 2: Macro-economic Policy
The sheer volume of workers working temporarily overseas
indicates the lack of employment opportunities and suggests
that domestic investments and entrepreneurship are being
held back. These constraints need to be addressed along
with strategies formulated to ensure that the working poor
and the unemployed can participate and benefit from the
development process.
42
Financed by
Chapter 2: Macro-economic Policy
Policymakers will need to focus on leveraging remittances as a tool
for economic development. While remittances are private transfers,
the government can ensure that the policy environment is
conducive to the use of remittances for investment in well-
considered financial products, in productive activities such as
entrepreneurial undertaking as well as in better housing, education,
and healthcare for remitters and their beneficiaries. Improving the
financial education of the overseas Filipino community and
implementing measures to further promote the flow of remittances
through the financial system would help catalyze the
developmental role of remittances.
43
Financed by
Chapter 3: Competitive Industry and Service
Sector
By addressing the country’s problem of low competitiveness, this
Plan aims to promote higher growth in per capita GDP and boost
employment. The focus shall be to enable the industry and
services sectors to contribute to massive job generation, provide
opportunities for Filipinos to rise above poverty, and ultimately
offer a meaningful choice for Filipinos to pursue gainful
employment here or abroad.
Government shall promote sustainable livelihood and micro
enterprise development, harnessing the Overseas Filipinos (OFs)
community as a source of capital.
44
Financed by
Chapter 3: Competitive Industry and Service
Sector
Linkages among Filipino skilled workers and their business
network, technical experts and Filipinos involved in epistemic
communities abroad shall pursue various multi-stakeholder talent-
sharing, brain-gain and skills enhancement initiatives.
A more aggressive campaign to tap OFs sources of capital shall
be pursued…..DTI and DOLE shall review and strengthen existing
programs and consider ways to maximize the brain gain derived
by OFs from foreign deployment. The DFA, DOLE, DOF, CFO and
the BSP shall conduct financial literary campaign overseas to
educate and orient OFs regarding their investment and remittance
options ….”
45
Financed by
Chapter 6: Towards a Resilient and Inclusive
Financial System
Likewise, there is a wide variety in the purpose of their loan
application: consumption smoothing, financing for
educational needs and funds for migration purposes such as
placement fees, document processing fees. Hence, these
warrant the introduction of financial products specifically
designed for this group of borrowers.
A Collective Investment Schemes Law (CISL) to broaden
investor participation in the securities market, including
participation by Overseas Filipinos.
46
Financed by
Chapter 7: Good Governance and Rule of
Law
Women continue to be burdened by the debilitating impact of
poverty and the lingering economic crisis and out-migration
among women remains high with many in service and
domestic occupations. The challenge remains for
government to ensure that statutory mandates relating to
gender and development concerns are observed and
implemented by all concerned sectors.
47
Financed by
Chapter 7: Good Governance and Rule of
Law
Improve capacities of prosecutors and law enforcers
particularly NBI agents in the investigation and prosecution of
special cases involving economic or white collar crimes such
as money laundering, tax evasion, smuggling, human
trafficking, violations of intellectual property rights and anti-
trust laws, illegal drugs and even cases involving extralegal
killings and other human rights violations as well as violation
of environmental laws.
48
Financed by
Chapter 8: Social Development
While Filipino women may be considered as relatively advanced
vis-à-vis women in other developing countries….., they also suffer
from domestic violence, economic disadvantages, discrimination at
the workplace, exploitation as migrant workers……….
In general, women are in disadvantaged position due to
differences in gender roles that limit their access to productive
resources and basic services. In 2008, 54.7 percent of the total
number of female OFWs were laborers and unskilled workers,
including domestic helpers, cleaners and manufacturing laborers.
Remittances from female OFWs worldwide were relatively lower
than from their male counterparts.
49
Financed by
Chapter 8: Social Development
Social security and protection of OFWs are growing concerns
given the limited coverage of the SSS, PHILHEALTH and
Overseas Workers Welfare Administration (OWWA).
Implement mandatory SSS coverage for land-based OFWs and
include SSS enrolment as prerequisite in the issuance of the
Overseas Employment Certificate. Strengthen measures again
human trafficking and provide support for its victims. Strengthen
safety nets for OFWs….Institute dialogues and forge agreement to
further strengthen cooperation with labor-receiving countries
towards mutual protection and benefits for the OFWs.
50
Financed by
Chapter 8: Social Development
Campaign for other countries to ratify international conventions,
treaties, standards and protocols that are relevant to the protection
and promotion of the rights and well-being of Overseas Filipinos.
Institute dialogues and forge agreements to further strengthen
cooperation with labor-receiving countries towards mutual
protection and benefits for the OFWs. Make the education system
responsive to the needs of the global community, while minimizing
brain drain, encouraging brain gain and protecting the Filipino
family from the social costs of migration; and Encouraging Filipinos
overseas to remain rooted in their culture through an appreciation
of Filipino languages, culture and heritage.
51
Financed by
Chapter 8: Social Development
Strengthen safety nets for OFWs: a) intensify the effort for
OWWA membership enrollment and renewal; and b) Institute
dialogues and forge agreements to further strengthen
cooperation with labor-receiving countries towards mutual
protection and benefits for the OFWs.
52
Financed by
Chapter 9: Peace and Security
The overseas Diaspora of Filipino entails a wider redefinition and
understanding of threats to Filipino interests. In particular, the
predicament of overseas Filipinos who come into conflict with the
laws of other countries poses complex new challenges to the
country’s conduct of foreign relations, with potential repercussions
on issues of sovereignty and territorial integrity.
A comprehensive response to these concerns involves initiatives
to improve relations and forge cooperation with other nations to
preserve and protect national security and interest, including the
welfare of Filipinos living and working abroad.