Philippines, Kuwait agree on migrant labor protection pact

Filipino workers returning home from Kuwait arrive at Manila International Airport on February 18, 2018. (AFP)
Updated 18 March 2018
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Philippines, Kuwait agree on migrant labor protection pact

MANILA: A bilateral agreement to provide protection to Filipino workers will be signed soon by the Philippine and Kuwaiti governments.
Philippines Labor Secretary Silvestre Bello III said that after a brief impasse in the two-day negotiations held in Manila, officials from both countries finally concurred on a draft migrant labor protection pact Friday evening.
In a telephone interview, Bello said the brief impasse was due to two remaining ticklish issues - one addressing the issue on OFW (overseas Filipino worker) passports being withheld by employers, and the second about employment contracts.
Bello said that while the Kuwaiti officials agreed to the Philippine government’s proposal that passports of Filipino workers should be deposited at the Philippine embassy and not withheld by employers, they (Kuwaiti officials) did not want this to be put in writing.
“But we insisted on putting that in the agreement. Finally they agreed,” Bello told Arab News.
“The other issue is that they wanted the employment contract to follow the Kuwaiti standard contract form. We did not agree. Eventually we had a neutral formulation that the contract will be drafted upon the joint agreement of Philippines and Kuwaiti,” said Bello.
That way, the employment contract will be in accordance with Philippine laws, he explained.
Other provisions of the draft Memorandum of Understanding (MoU) is the $400 net-per-month salary of OFWs, with the employer opening a bank account where the salary of the worker will be deposited. This will be proof that the worker is being paid.
It was also agreed that an OFW must give a written consent in case of transfer from one employer to another, and the transfer must also be approved in writing by the Philippine labor attaché.
Bello said the Kuwaiti ambassador to the Philippines will see him on Monday morning to discuss and decide on the date and venue of the signing of the agreement and who will be the signatories.
Usually the signatories are the head of the Kuwait Ministry of Labor and the Philippines’ secretary of labor, Bello said. He said the signing of the MoU would be easier and swifter if it were between the labor ministers of both countries. “Then probably we can schedule the signing next week,” he said.
At the same time, Bello said the signing of the pact will not guarantee the lifting of the ban on deployment of Filipino workers to Kuwait.
“If you recall, the president imposed two conditions (for the lifting of the ban). First is that we have an agreement with Kuwait and second, Joanna (Demafelis) will be given justice. So we’ll have to wait for that,” said Bello.
It was the discovery of Demafelis’ body stuffed in a freezer in an abandoned apartment in Kuwait that triggered the ban on the deployment of OFWs to Kuwait.
Bello, however, said that this ban will not affect the Philippines-Kuwait relationship.
 


Sixteen states sue Trump over border wall emergency

California Attorney General Xavier Becerra, right, accompanied by Gov. Gavin Newsom, said California will probably sue President Donald Trump over his emergency declaration to fund a wall on the U.S.-Mexico border Friday, Feb. 15, 2019, in Sacramento, Calif. (AP)
Updated 15 min 52 sec ago
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Sixteen states sue Trump over border wall emergency

  • The complaint added that the Department of Homeland Security had violated the National Environmental Policy Act by failing to evaluate the environmental impact of the wall in California and New Mexico

SAN FRANCISCO: Sixteen US states sued President Donald Trump’s administration Monday over his decision to declare a national emergency to fund a wall on the southern border with Mexico, saying the move violated the constitution.
The lawsuit, filed in a federal court in California, said the president’s order was contrary to the Presentment Clause that outlines legislative procedures and the Appropriations Clause, which defines Congress as the final arbiter of public funds.
The move had been previously announced by Xavier Becerra the attorney general of California who said his state and others had legal standing because they risked losing moneys intended for military projects, disaster assistance and other purposes.
Several Republican senators have decried the emergency declaration, saying it establishes a dangerous precedent and amounts to executive overreach.
California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia are party to the complaint seeking an injunction.
“Use of those additional federal funds for the construction of a border wall is contrary to Congress’s intent in violation of the US Constitution, including the Presentment Clause and Appropriations Clause,” the complaint said.
It added that Trump had “veered the country toward a constitutional crisis of his own making.”
“Congress has repeatedly rebuffed the president’s insistence to fund a border wall, recently resulting in a record 35-day partial government shutdown over the border wall dispute,” the document read.
“After the government reopened, Congress approved, and the president signed into law, a $1.375 billion appropriation for fencing along the southern border, but Congress made clear that funding could not be used to build President Trump’s proposed border wall.”
The complaint added that the Department of Homeland Security had violated the National Environmental Policy Act by failing to evaluate the environmental impact of the wall in California and New Mexico.
Friday’s declaration enables the president to divert funds from the Pentagon’s military construction budget and other sources.