joint migration and development initiative financed by republic act 8042 amended by ra 10022 migrant...

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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

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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)

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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)

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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

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Financed by

Migration related laws

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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:

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"(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.“

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"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.

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"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.

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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.

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“(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.

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“(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.

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“(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.

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“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.”

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“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.”

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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

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Financed by


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

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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

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Financed by


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.

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Financed by


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.

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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.

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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.

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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

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Financed by

Non-migration related laws

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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.

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Financed by



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.

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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)

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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.

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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)

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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)

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Financed by

Republic Act 9710


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:

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Financed by

Republic Act 9710


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:

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Financed by

Republic Act 9710


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.

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Financed by

Republic Act 9710


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.

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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.

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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

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Financed by

Philippine Development Plan

(2011-2016)

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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.

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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.

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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.

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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.

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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.

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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.

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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 ….”

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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.

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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.

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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.

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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.

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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.

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Financed by


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.

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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.

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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.

joint migration and development initiative financed by republic act 8042 amended by ra 10022 migrant...

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