March 02, 2007
Unwelcome Guests: OFWs and Dubya's Guest Worker Program

GUEST BLOGGER: Paolo Cruz (Dumpling Press)


Indi, a Filipina grad student in Denmark, recounts a lunch spent with an acquaintance from Kryrgyzstan:
Anyway, umupo na kami at nagkwentuhan kami tungkol sa kanya-kanyang bansa. Siya ang pangatlong Kyrgyz na nameet ko. Very Eurasian ang itsura niya. 10 years old siya nung nag collapse ang Soviet Union at yung main industry nila dati ay wool - kasi bawat Soviet State ay specialized kasi nga centralized.

"So what's the biggest earner for your country now?" tanong ko.

"Drugs!" sabi niya sabay tawa. "And in Philippines?" pahabol niyang tinanong.

"Workers."

[Anyway, we sat down and chatted about each other's country. She is the third Kyrgyz that I have met here. Her looks are very Eurasian. She was 10 years old when the Soviet Union collapsed and their main industry used to be wool - because each Soviet State was specialized, due to the centralized economy.

"So what's the biggest earner for your country now?", I asked.

"Drugs!" she said while laughing. "And in Philippines?" she followed up.

"Workers."]
She's right, of course. The National Statistics Office estimates that Overseas Filipino Workers (OFWs) in North and South America alone remitted 6.4 billion Pesos in 2004. Even within the United States, on its own, there are at least 26,000 Filipina women active in the labor force ("at least", because the figure only represents those who completed all the paperwork necessary for legit employment). But let's get past these numbers and consider the human implications -- just what kinds of rights and benefits are they granted, as contractual "guest workers"?

Well, for starters, they *ought* to have access to the rights detailed in the UN Women's Convention (CEDAW): job security (even during pregnancy); maternity leave; loans, mortgages, and financial credit; and safe working conditions (including measures related to reproductive health). Except there's one huge problem: the United States is one of the States Parties that has never ratified its commitment to CEDAW. Therefore, OFWs working in the US do so at the mercy of Federal law, especially when Philippine embassies and consular offices claim to be over-burdened already.

That's just one reason why human rights advocates paid such close attention to President Bush's most recent State-of-the-Union Address, on January 24 this year. Bush announced that he would be pushing for a comprehensive reform of immigration laws, incluing a much-touted foreign "guest worker" program. Dubya regards these measures as being "without animosity" but also "without amnesty". As I understand it, this basically means that documented foreign contract workers get some of the benefits automatically recieved by ordinary American citizens, for the duration of their short-term labor contracts. This is meant as an incentive for workers to eventually sign up for legitimate citizenship (which remains a slow, labyrinthine process, post-9/11, even with all the technological efficiencies of a "First World" nation). However, as soon as a worker decides to over-stay (or "go TNT" -- tago ng tago, "always hiding"), they're on their own.

As one might guess, response to this announcement has been mixed. It's not uncommon to read articles like this one, with headlines proclaiming "FilAms cheer Bush's guest worker plan". But not everyone is uniformly pleased about the new measures. Responding to the news item linked above, Sociology professora Robyn Magalit Rodriguez comments:
ummm exactly who's cheering? recuitment agencies who profit from helping american firms import cheap filipino workers and the employers who hire them?

The main concern is that existing undocumented workers will end up being deported, or forcibly held in detention centers like the Hutto Family Residential Facility (a de facto prison for undocumented illegals), as their papers await processing within the Byzantine network of government bureaus.

But even as the debate continues in the U.S., worsening economic conditions over here ensure the growing lines of would-be OFWs outside the POEA offices. It's a hard life, one way or another -- for some, perhaps the indignities and uncertainty of H-2 "guest worker" status are more bearable than "going TNT" or enduring the poverty of our native land.
In every headline we are reminded
That this is not home for us

     Bloc Party,
     "Where Is Home?"

______________

A clip from an episode of Speak Out (produced by The Filipino Channel) discussing Bush's proposed guest worker program. Originally aired September 17, 2006:

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February 18, 2007
Trained for Servitude?

GUEST BLOGGER: Paolo Cruz (Dumpling Press)

Sass Rogando-Sasot uses a conversation with a Filipina domestic worker in Hong Kong as a jumping-off point for her smart critique of the Philippine Overseas Employment Agency's "competency training and assessment programme", which runs for two to three weeks, at a cost of PhP 10,000 - 15,000! To quote Miz Sass:
The rationale behind this programme is the tired ears of Philippine Overseas Employment Administration (POEA). Flooded by stories of Filipino maids being abused by their employers for lack of necessary skills to operate appliances and gadgets, POEA came up with this 10,000 pesos required skills: house cleaning, laundry and ironing, preparation of hot and cold meals, and provision of hot and cold food and beverage services. POEAs compassion for maids is sincere -- it comes with a price tag. HORRENDOUS.

...

Labour Department secretary Arturo Brion considers the proposal as a long-term investment for maids, giving them better protection against abuses and making them more competent. Mr Brion said this programme is "not mandatory". It doesn't take a genius to know that your papers will be processed faster if you undergo it. Hence, it's semi-compulsory.

So let's see if I understand this correctly -- have a look at Article 11(d) of the UN Women's Convention, which our government has agreed to (in theory, at least). It qualifies the following basic rights: "equal remuneration, including benefits, and to equal treatment in respect to work of equal value." So, apparently, knowing how to work modern household gizmos and provide "hot and cold food beverage services" is of equal value to not being treated like [expletive deleted] by one's employers (foreign and otherwise). Which is also of "equal value" to ten thousand pesos. Yeah, that really sounds fair to me, doesn't it?

Article 11(f) of CEDAW provides for the right "to protection of health and to safety in working conditions." Apparently, in the POEA's view, this only applies to those who can pay for it.

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June 28, 2006
CEDAW now!

To jumpstart the media campaign on popularizing CEDAW, it's best to start with a primer of sorts.

Philippines: CEDAW 101
A treaty looking after women's human rights

by Claire Villacorta (Women's Feature Service)

At first glance, it may seem like we've come this far rocking the status quo. But if it means we've finally achieved a certain degree of equality with men, are we necessarily reaping the benefits? In some cases, yes. Others, well, most likely not. That's because a society where women are free from discrimination doesn't really exist, no matter how much actual progress there has been in most countries to put a stop to it.

As you read this, women all over the world are constantly battling various forms of discrimination. For instance:

a. Women account for two thirds of the world's illiterate adults.

b. There are more boys getting an education than girls.

c. Not only are women earning three fourths of what men earn, but they are also doing twice the amount of unpaid work that men do.

d. The health concerns of women are more often than not overlooked or ignored.

e. When it comes to positions of power, women are vastly under-represented.

f. Globally, violence against women has reached epidemic heights.

Luckily, we've had the UN on our side from the start. They've been around to promote equality between the sexes. And as far as women's rights go, they've kept their radar on to advance the cause throughout the years. But somewhere along the way, something essential has come along to complement it, taking on the form of an international bill of rights for women. It's a well-kept secret that everyone should be in on.

Enter CEDAW. It's an acronym for the Convention on the Elimination of All Forms of Discrimination against Women. If that's a mouthful, you can always refer to it as "The Women's Convention" or, more loosely, "The Convention". It is also known as the United Nations Treaty for the Rights of Women.

Being the first and only international treaty of its kind, CEDAW addresses women's rights in a comprehensive manner. It taps all areas - civil, political, economic, social, cultural and family life. Of course, you may ask - what makes this so much more special if there's already a UN Declaration in place? Well, CEDAW pretty much seals the deal by setting binding legal standards for achieving this equality, and at the same time, protecting our human rights in the process. Our laws and policies are given the CEDAW spin before they are implemented.

Our right to choose is not only limited to laws - it applies to cultural practices as well. CEDAW happens to be the only human rights treaty that supports our reproductive rights. It's also the only treaty that places the spotlight on culture and tradition as par for the course when it comes to shaping our gender roles and how we relate to our families.

Here's a bit of herstory. December 18, 1979 was an important day for CEDAW because it was adopted by the United Nations General Assembly. It also happened to be during the UN Decade for Women. The Philippines came on board on July 15, 1980 and ratified CEDAW a year later on August 5, 1981. CEDAW itself came into force on September 3, 1981. And this makes us one of 182 governments or State Parties out of 191 signatories as of March 2006. And as a State Party, our government is "bound to Respect, Protect and Fulfill women's rights" by recognizing the need for state action all because of problems that go back to discrimination and inequality against women.

It's been 25 years now for CEDAW, and for the first time, a Filipina chairperson is head of the Committee: Ambassador Rosario G. Manalo. As chairperson, her task at hand is to make sure that all 182 State Parties comply with the provisions of CEDAW. This makes for a special anniversary, and all the more reason to celebrate.

Ambassador Manalo believes it's high time for Filipinas to claim their rights. "Women are often unaware of the rights they have under the law, and they may not be empowered to claim them effectively."


Learn more about CEDAW:
UN website on the CEDAW Convention

Office of the High Commission on Human Rights Convention on the Elimination of All Forms of Discrimination Against Women

Peace Women: Women's International League for Peace and Freedom

Office of the High Commission on Human Rights

United Nations Educational, Scientific and Cultural Organization, Social and Human Sciences

International Labour Office

The People's Movement for Human Rights Education

Eldis: The Gateway for Development Information

Amnesty International

Human Rights Watch

Asian Women's Resource Exchange

Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)

Toolkit for Women

The United States Committee for the United Nations Development Fund for Women

Stop Violence Against Women

International Women's Rights Action Watch (IWRAW)

IWRAW-Asia Pacific

CEDAW Watch Philippines


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April 28, 2006
dog(gone) country

Part of me wishes I brought my dogs, had I known about last summer's Dog Parade. And while the intentions - to protest the act of dogeating and subsequently put an end to the dog meat trade - were good and well-meaning, it also raises questions about the politics of animal cruelty. My vegetarian friend thought the whole thing seemed rather specie-ist, and he did have a point. I guess the cats, horses, rabbits and rodent-like pets can have their own parade. But it's not like the animals deemed for human consumption - namely cows, pigs and chickens - are exempt from animal cruelty practices. Even if we'd rather not think about how chickens are stuffed closely together in crates or how pigs and cows are tortured in the slaughterhouses while we (the carnivore-inclined, anyway) savor our meat, it's pretty obvious that a value judgement has been placed on these animals. Oh, and dogs are meat-eaters, too.

So when we talk about anti-animal cruelty month, do we mean the animals closest to our hearts, like our own pets? Then again, there are also people who work closely with animals in the wild, struggling to preserve their natural habitats or provide an environment that is similar enough. And what about the animals in the zoo or endangered species, or anything worthy of Animal Planet documentaries?

We do have an Animal Welfare Act that is not being enforced to the letter. Dog meat is openly being sold in wet markets and certain eateries in Baguio City and the Cordilleras, and illegal slaughterhouses are also operating from there. What makes it difficult for groups like Linis Gobyerno to crack down on this trade is that their local officials and policemen are a part of the trade and likewise, a part of the problem. And because they have business interests to protect and are of the belief that either the Animal Welfare Act does not apply to their areas or are upholding a certain dogeating tradition by following a skewed version of it (one that makes sense in their heads, I suppose), it makes them feel invincible or untouchable in that sense. Some of these dogeaters are opposed to the Animal Welfare Act because they see it as colonialism at work - Americans have deemed our culture shameful for making the practice of dogeating "normal" - so for them, eating dogs is a rebellion against the colonial mindset.

And speaking of colonialism - how much of it has affected how we view dogs as man's best friend, or care for dogs as pets? I've always viewed dogs as pets, so I would never even dream of eating them. But I always knew the dogeaters were never far away, and a dog that runs away from home never to return is as good as eaten. It's a morbid cultural mindset, but one that could hold a grain of truth, even by half. Of course, I come from one of those barangays that aren't gated, and while our area is relatively peaceful, the grimier side of things are not too far off in the neighboring barangays (squatters, gangs, etc.) which admittedly may be as much of an assessment of class as it is of safety - and I'm not just talking about the safety of dogs here.

There are many stray dogs, though, and it's only a matter of time before they get caught. Some dogs, however, aren't even strays, but are let loose by their owners to roam in their immediate surroundings and even manage to find their way home. While walking my dog in the neighborhood a few months ago, I saw a truckful of dogs, most likely headed for the pound to be burned to death. Somewhere in the NCR, dogs that are placed in the pound aren't supposed to be killed, but are killed anyway. Mayor's orders. Ask him about the Animal Welfare Act, he's probably giving you his own version (or his own law), but he obviously didn't do his homework.

The Philippine Animal Welfare Society (PAWS) has an active adoption program in place. But a lot of privileged dog lovers seem to have a preference for those imported purebreds, something I could never fully comprehend since I have never been particularly fussy when it comes to dog breeds. It's like collecting car models. Can't a love for a dog transcend their breed? Which probably makes it hard to find new homes for dogs that have a history, or have been "broken" to some extent. And when there are just too many dogs taking up space in an already crowded pound, the easiest option is to euthanize. Compassion and Responsibility for Animals (CARA) Philippines, however, proposes to nip the problem in the bud to keep unwanted litter from spreading and straying all over the place - by spaying and neutering - rather than killing them.

When a global community of animal rights groups gets wind of our situation, they are about as passionate as they are condescending. While it's true that there are bloody idiots in Baguio and Benguet who are complicit in letting their own officials get away with the illegal dog meat trade, these First World groups always have to emphasize that such a practice is unheard of in their own countries and generally put our race in a bad light by discouraging tourism in the Philippines and calling for a boycott for all Filipino products, and all because of how Filipinos in general supposedly treat dogs. It's like 1904 all over again - how the Igorots were showcased in the St. Louis World's Fair as dogeaters, an exoticism to be gawked at, at the expense of showing who exactly was master and who was colony. This piece of history is biting us in the ass again by way of globalization, and how many times must we reiterate that not all Filipinos are dogeaters and that there are Igorots who are disgusted with the idea of eating dogs and the fact that their "tradition" is often namedropped to justify the practice of dogeating. Our country is in enough bad shape as it is, economically and politically, and leave it to the Westerners to screw it up for our people even further, precisely at the moment when times are very hard. There are other solutions, I'm sure, just not easy ones.

And why does a Western culture single us (and perhaps China and Korea) out for abhorable treatment of dogs when they have puppy mills over there? But of course, tit for tat doesn't exactly solve anything, does it?

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March 22, 2006
Dude, where's my water?

Today is World Water Day.

For about a month, my friends over at San Pedro (Laguna) didn't have any running water. They, along with other residents in their subdivision, were settling their water bill through the homeowners' association. Otherwise, they'd have to make the trip downtown - not exactly a convenient option for most residents. Then one day, the water supply got cut. It turned out that the homeowners' association had suddenly become unreliable with the water bill payments. Instead of passing the payments onto the private firm that supplied the residents' water, the association wanted to seize the firm and run it themselves.

And so the homeowners' association politicked over water while my friends had to agonize over alternative water sources and the prospect of rusty pipes. There were delivery trucks, sure, but they were concerned about the contamination levels. Left without much choice, they resorted to water delivery, which put a huge dent into their budget.

The association even had the guts to hold an election to see if the community was for or against their handling of the water system. It was no surprise that they lost out on the vote. Eventually, the officers were forced to resign and were replaced by new ones. And the residents got their water back. Let's just hope that no one in the association starts hoarding the water again.

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March 09, 2006
Harassment on women's day



Since AKBAYAN work towards a government that is honest and accountable, responsive and competent (among other platforms), it's pretty crystal clear, by their protest action, where the administration stands. Actually, anyone can see that it's been falling flat on its face, and the Denial Queen behind it has been flailing that light saber of hers with about as much flair as, say, that schoolyard bully you once knew who felt entitled to step all over you, just because. PP 1017 or none, she'll have your ass because her government is the Fight Club. And the first rule is, you do not talk about the Fight Club.

For Rep. Risa Hontiveros to undergo a violent arrest during the International Women's Day march is just inconceivable.

Rep. Hontiveros on her arrest:
"It is not enough to say that women are ashamed of Gloria Macapagal Arroyo. Her underhanded draconian tactics betray her capacity to be the next Marcos. Does this arrest mean that protesting against her anti-women policies is tantamount to rebellion?"

"That a member of this institution had been arrested despite parliamentary immunity shows the disregard of GMA with the independence of Congress. The government now feels that it may pluck out members of the opposition from Congress, prevent them from performing their duties to their constituents, and silence whatever democratic opposition there is in the country."

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