Legal Protection Measures for Filipino Overseas Migrant Workers

다국어 초록 (Multilingual Abstract)

It is widely recognized that migrant workers play a significant role in spurring growth and development in both countries of destination and origin, mainly by meeting labor shortages experienced by the more advance economies and by stimulating economic activities in their home country through foreign currency remittances. Parallel to this however are the sad facts on the social costs associated with migration and the perpetual issue on migrant workers being common subjects to abusive and exploitative employment conditions and various forms of discrimination. With the coming of age of an increasingly globalized economy, the international community is faced with more serious and complex issues related to the governance of migration and the condition of migrants. As globalization continues to create economic imbalances between countries and fails to generate jobs and economic opportunities amongst the developing world, countries have embarked on labor exportation / importation as an economic policy in sustaining growth and development. Developing countries compete with each other in the exportation of labor not only to reduce chronic unemployment problems but also to boost foreign currency earnings and balance off trade deficits. Receiving countries, on the other hand, enjoy the cheap labor they get in the process. Both groups see this as a competitive advantage that will help them boost their economies and push neo-liberal agenda. No wonder why we haven't seen much improvement in the lot of migrants up to these days. Not even with the presence of international instruments that deals with various matters related to the protection and promotion of migrant workers rights. With their own economic agenda behind, these instruments are ratified by a lot of countries as mere accommodations and concessions to the ever-growing legitimate grievances of the oppressed and therefore are more honored in discourses and speeches than in implementation or compliance. In reality, migrants are more affected by the laws and policies of countries, some of which, while declared to have been formulated to protect migrants, are full of ambiguities designed to safeguard existing social order, if not obviously rather detrimental to migrants. Needless to say, mere ratification of international instruments and promulgation of national laws would only go as far as protecting migrants in theory. Actual protection depends on countries instituting concrete and effective means for their enforcement. And as governments have proved to be reluctant in doing so, it will be illusory to rely on the existence of these rhetorical tools without the presence of a united action of civil society groups for migrants and organizations of migrant workers. It is of utmost importance that these groups continue to empower themselves through strengthening their collective and organized strength to be able to effectively pressure governments to establish the necessary concrete and effective measures that can protect the interests of migrant workers. In the final analysis, the realization of a better life for migrant workers largely rests on migrant workers themselves.

목차 (Table of Contents)

• ABSTRACT
• INTRODUCTION
• OVERVIEW OF THE MIGRATION SITUATION
• Recent History
• Profile Filpino migrant workers
• PROBLEMS CONFRONTING OVERSEAS FILIPINO WORKERS
• Pre-Departure Stage
• Period of Stay in Destination Countries
• Return Home
• LEGAL MEASURES FOR THE PROTECTION OF MIGRANT WORKERS
• International Instruments
• National Instruments
• Government Labor Migration Sturcture
• COUNCLUSIONS AND POLICY IMPLICATIONS
• Key Messages
• Possible Areas of Actons
• REFERENCES