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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October 27, 2005
Bono on Microcredit



From a Q&A session in The New York Times (September 21, 2005):
Q. How do you feel about micro-loans and micro-enterprise as a tool to end world poverty -- by helping people help themselves to self-sufficiency?
- Barry Stevens, Puerto Viejo de Talamanca, Costa Rica

A. I met Professor Microcredit himself last week to discuss this. A very gracious, very great man: Mohammad Yunus, founder of the Grameen Bank in Bangladesh. You know that mantra, "Give a man a fish, he'll eat for a day. Teach a man to fish, he'll eat for a lifetime"? It's missing something: microfinance is the fishing rod, the boat, the net, etc. Cash and dignity, side by side. Part of Professor Yunus's brilliance was to lend the money to women, who are much more reliable at paying back loans. Maybe the mantra should be: "Give a man a fish, he'll eat for a day. Give a woman microcredit, she, her husband, her children and her extended family will eat for a lifetime."

To get long-term self-sufficiency, macro trade reform is kind of the other side of the coin to micro-grassroots empowerment. Different ways of getting to the same thing, but I think you need both.

The thing with politicized rockstars is that they (unwittingly?) make the job of other seemingly faceless poverty activists so much easier. And now thanks to this ubiquitous frontman of U2, Microcredit can be made a buzz word, and Muhammad Yunus a household name.

It's interesting to note that underprivileged women are viewed as the more reliable beneficiaries of these small loans. As a matter of equal opportunity, I'm not complaining. But what's trust got to do with gender, other than, say, meddling husbands who think the power of decision-making rests upon them, even if the money is actually made out to their wives...?

And what about single women who don't have families? Or women who have managed to leave their abusive spouses and start over on their own? Bono's quote gives us the impression that women who are given microcredit are always in service of their families. (Or are they?)

While microcredit seeks to empower women by enabling them to put up small businesses as a way of overcoming their respective situations of poverty, it isn't without its set of problems. Is credit merely another word for debt, rather than a basic human right? Are these women working harder than they should, yet are still not reaping the rewards come payback time?

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