JEDDAH, 28 October — Legal assistance to distressed overseas Filipino workers (OFWs) could be greatly improved without the need to hire lawyers, according to an umbrella organization of placement agencies in the Philippines.
The Philippine Association of Service Exporters, Inc. (PASEI) believes this could be done by strengthening the translation and legal liaison sections of Philippine embassies and consulates in countries where the number of Filipino workers who have labor cases are high.
"It is almost physically impossible for a mere handful of labor assistants/representatives or attachés to handle and to attend to all the requests, complaints and assistance required/needed by the OFWs," said the PASEI in a concept paper submitted to the Department of Foreign Affairs (DFA) in Manila.
The paper said the project could be tried in Saudi Arabia by assigning 10 migrant workers assistants (MWAs) each to the Eastern Region, the Central Region and the western Region. MWAs would function as official translator, government or legal liaison, conciliator/arbiter/counselor.
To prepare for this big challenge, the government could tap from the Philippine pool of Muslim scholars of political science and related fields, graduates of the Foreign Service Institute, and graduates of BS in Social Work.
The paper suggests a nationwide search for 100 candidates shortlisted through competitive examinations, who will be made to undergo an intensive scholarship program of two years, studying political science, Middle East culture, customs, tradition, history, language and other relevant subjects.
The scholars will also undertake intensive English and Arabic language courses, social work/social sciences, psychological and other behavioral sciences, undergo sensitivity training and values education so that they would have the concerns of OFWs first and foremost in their hearts and minds.
To help keep them from betraying their mission, they would be given comparatively good compensation and rewards, according to the paper.
Ignored
PASEI President Victor Fernandez Jr., said they first submitted the paper to the DFA five years ago after getting encouragement from diplomats, including the Philippine Ambassador to Saudi Arabia, Bahnarim Guinomla, who was then consul general in Jeddah. Apparently it was forgotten due to changes at the DFA when Joseph Estrada became president, he said.
PASEI leaders said current Foreign Secretary Blas Ople may take up the proposal because of his high regard for translators. They pointed to a speech made by then Senator Ople before members of the Union of Translators of the Philippines (UNTAP) on Oct. 15, 1996 at the Philippine Normal University, during which he extolled the translators as among the most important but least recognized talents of the country.
Ople said in his speech that the reason the Japanese had been highly successful in their march toward modernization and industrialization is their ability to absorb new knowledge and technological advances, despite the fact that 85 percent of written materials on science and technology and related fields are written in English.
While English is a foreign language to the Japanese, they have a very strong and dedicated corps of translators making sure that every knowledge worth absorbing is passed on to their citizens.
PASEI President Victor Fernandez Jr., who is currently in Jeddah, said the Philippines could also make better use of translators for the benefit of OFWs, who have become one of the pillars of the Philippine economy.
More effective, less expensive
According to Fernandez, properly trained MWAs could be more effective and less costlier than hiring salaried lawyers.
"Problem handling cannot always be solved through legal means. In fact, the participation of lawyers could even lead to longer litigation. Sometimes diplomacy, sincere attention to workers concern and negotiation could produce better results," Fernandez said in an interview with Arab News.
A well-trained MWA interceding for and conciliating the OFW with the employer is preferred by everyone to litigation, which could be costly to the worker, he said.
"This is where the handling of human behavior is most important," he said.
And in case the conciliation effort fails, Fernandez said, the MWA could tap his training to properly prepare a complaint for submission to the Saudi Labor Court.
Fernandez said placement agencies also stand to benefit from the MWA project if it becomes successful because that could mean less cases filed against them. It could also mean less load for the Philippine Overseas Employment Agency (POEA), the Overseas Workers welfare Administration, the Department of Labor and Employment (DOLE) and the National Labor Relations Council NLRC).
Under current principle of joint and solidary liability between recruiters and foreign employers, an OFW who has claims against the employer can always run after the agency by filing a case with the NLRC.
Fernandez said while they have no objection to agencies being penalized or closed for illegal recruitment and other violations, punishing them for the sins of a foreign employer is "unfair and unjust."
Study our proposals
During the interview, Fernandez once again urged OFWs and other non-government organizations concerned with migrant workers to examine their proposals for their merit and to support or adopt them if they find these to be acceptable.
Earlier, Arab News reported an offer of PASEI for Congress to enact a law requiring all placement and manning agencies to shell out $10 more for every worker they deploy to work abroad. This will be in addition to the $25 fee they are currently charged by the OWWA for each worker deployed.
The proposed program would cover the payment of unpaid claims of OFWs from their foreign employers, repatriation expenses of OFWs in distress, and a $100 subsistence allowance for six months for OFWs who get "stranded" in their place of work while fighting for their claim against their employers.
PASEI wants the program to be made mandatory so that no placement agency would deviate. At the same time, it also wants to ensure that the joint and solidary liability policy lifted.
"We are not looking for a shoulder to cry on. What we are doing is to propose a practical solution to the problems of distressed OFWs in hopes that it could also redound to the benefit of recruitment agencies," said Fernandez.
For questions, suggestions or even denunciations, he said, PASEI may be contacted through e-mail at [email protected] or [email protected], or through telefax nos. (632) 725-7030, 725/7028, 725-7024, or 724-9986.
Fernandez said queries may also be directed to him via e-mail addresses [email protected] or [email protected], or via telefax nos. (632) 724-8972 or 725-3676.
Proactive projects
PASEI also has other "proactive" projects that are meant to make OFWs better prepared for the various uncertainties they may face abroad.
One of their current projects is a training program for domestic helpers/caregivers from Ilocos Sur province, who are to be sent to Hong Kong. "This program is only for workers from Ilocos Sur because it is being funded by the provincial government of Ilocos Sur," said Evaristo Tecson, PASEIs training director.
Participants undergo several weeks of in-house training, which includes household work, planning of priorities, where to put their earnings, and attitude development.
Household work means cooking and serving food, buying in markets, caring for infants and the elderly, ironing of clothes, use and cleaning of airconditioners and other appliances, how to read and understand appliance manuals, and even the use of chopsticks.
They are aught the basics of Chinese conversation, a little about Chinese culture, the dos and donts, and how to psyche themselves up in times of stress while abroad.
"You have to be very careful when cleaning fish because the Chinese are very meticulous. A single scale getting caught in your employers teeth could get you in trouble," Tecson cautioned prospective OFWs during a recent training program witnessed by Arab News.
"In steaming fish, never make any cuts When cleaning chicken feet, remove the cuticle but not the nails And take note, they dont eat cold food " the women were told.
Tecson said the first part of the training is held in Vigan, the capital of Ilocos Sur, while the final portion is held in Manila to give participants a feel of highly urbanized living. Former Ilocos Sur governor Chavit Singson, whose revelation of illegal gambling activities led to the downfall of ex-President Joseph Estrada, has provided his Bileg Center in San Andres Bukid, Manila, as training place for his provincemates.
"In Hong Kong, we are facing stiff competition from countries like Indonesia because many of their people speak Cantonese. Its in performance where we can beat them," said Tecson.
