Friday, January 23, 2009

TRAVEL BAN SAGA

And as the excerpts of the meeting was circulated, sentiments of every Pinoy worker here in Nigeria are echoed in these letters:



COMMENTS FROM MAYNARD:

'Lifting of Deployment Ban to offer job opportunities to other Filipinos DOLE could only recommend the lifting of deployment ban as the decision to do so falls to the DFA office. For DOLE to recommend they are asking us more vivid details on the safety of Filipino workers in Nigeria and a sort of assurance that no Filipino workers would be kidnapped. Pusong Pinoy or any Filipino Association in Nigeria, for that matter, is not in any position to give a qualified statement attesting to the security/ peace & order situation in Nigeria.'

>> what exactly is that kind of "vivid details" they all want from us? Can we expect Amb Roy Cimatu to be able to give that "vivid details" of how safe the rest of us working outside of Oil areas? Isn't our various petitions and letters not convincing enough that we are, generally, all in safe areas? Do they analyze the news that the kidnapping happens in Oil areas ONLY? Maybe what they meant is that we will send them videos of our parties and weekend activities to show them how 'vividly' safe we are and what are our 'accommodations' in Nigeria.
Remember, Sec. Angelo Reyes came here and was entertaind in Ikoyi by Engr Edwin Salazar of Indomie. They should ask his opinion how safe Nigeria (from Lagos) is. If he says in the negative, then we can surely assume that that is the 'mindset' of govt officials in the Philippines.


'However, even in our absence, CMA together with other NGOs and related government offices engage on the issue of deploment ban, will try to arrange another meeting with DFA, whilst awaiting the recommendation of Special Envoy Roy Cimatu this coming March 2009.'

>>> From this point on, i think Pusong Pinoy should make preparations and coordination for his arrival. Para di masayang ang pag punta nya rito. We can also invite media people from Philippines to accompany his visit to Nigeria. Shock-and-awe, kumbaga. To make sure that they all get the 'vivid details' of our lives in Nigeria.

'Filipinos with Residence Permit (CERPAC holder)
This is where we fall under. The mandate of CFO is to look after the Filipino migrants all over the world.. CFO read our case as migrant workers because we are a holder of a residence permit.'


>>> i do not understand this one. We are not happy the way POEA, DOLE, OWWA and DFA are handling our case as OFWs, and here comes CFO mandated to "look after" the Filipino migrant workers all over the world. For what? to look for potential CFA awardees? And what can CFO do after reading us as 'migrant workers'? Does not matter, no? It's the ban...
'(Through this email we are addressing Mr. Edwin Pajares asking their office how, we Filipinos in Nigeria, could be officially recognized by them as Migrant workers in Nigeria and what are the requirements. Membership or processing fee we were told involve only a very minimal amount).'


>>> well, according to POEA, how can they 'process' us (even if a lot of us wants to be registered OFWs) when there is a ban? We also pray that indeed they can register us from Nigeria. That means, implicitly, the ban is lifted.

'Meaning we are not even considered by DOLE/POEA as OFWs and therefore does not affect us at all on the issue of deployment ban.'

>>> i am getting more confused over this 'semantics'.
Just to be enlightened further, I search the Internet for definitions.
According to the Omnibus Rules and Regulations – Implementing the Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042):


(a) Migrant Workers or Overseas Filipino Workers - a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a state of which he or she is not a legal resident. A person "to be engaged in a remunerated activity" refers to an applicant worker who has been promised or assured employment overseas and acting on such promise or assurance sustains damage and/or injury.
(b) Overseas Filipinos - are migrant workers, other Filipino nationals and their dependents abroad.
http://www.smc.org.ph/rights/rule8042.htm


Meaning, the folks at CFO, DOLE/POEA haven't read this law? Why the confusion? Again, doesn't really matter. Semantics will not make the ban get lifted or assure us Nigeria resident visa holders of unhampered travel to and from the Philippines. It's the ban...

For humour's sake, ano daw ba pagkakaiba ng "OFW" sa "migrant worker"? To follow the logic of POEA/DOLE/CFO, kung wala kang resident visa -- OFW ka. Pag may resident visa and card -- migrant worker ka. What then are the benefits, the pros and cons, between the two, assuming they are different animals?

POEA/DOLE washes their hands over us and yet, every now and then, it is POEA who issues press releases confirming the ban and adding that they will not process 'balik-manggagawa' from Nigeria.

'To avoid hiccups at the Immigration we are still insisting the appropriate office (DFA) to issue the guideline to Bureau of Immigration to facilitate our exit at the airport immigration without any hassles. The representative of the Immigration, Mr. Montano quoted that it was clear with them that deployment ban does not involve Filipinos with residence permit in Nigeria. Although no document is available to back up his statement.'

>>> That's the problem. Somebody from BI like Mr Montano or Atty Mendoza makes statement favorable to us, but the truth is, they are not sure it will be the statement of BI Commissioner. We go to the airport banking on their statements and you are told by the immig officer on the ground: "wala po kaming alam dyan. basta may ban pa. kaya bayad na lang kayo".
Incidentally, while the NAIA immig people are sreported to be keeping low profile in handling Nigeria-bound OFWs, the Mactan/Cebu immig are on a rampage collecting 300USD from every Nigeria OFWs. Can Atty Mendoza and Mr.Montano help/do something about this? We can drop some names.
The sad truth here is that, the POEA, DOLE, and BI are all dependent upon the orders of DFA. No one among them are in the position to make any statement or moves that contravenes the DFA ban. In other words, happy naman sila sa BI everytime DFA imposes a travel and work ban. Di daw nila kasalanan mang harang – just doing their jobs.
But point taken. And this must be our temporary respite – those with CERPAC (resident visas) ought to have no issue with the ban.


'The Commission on Human Rights is also helping us on our right to travel or work abroad by issuing a request letter to Immigration Commissioner, but with hundreds of Filipino going back to Nigeria, it would be almost impossible with them to issue letter to those who seek their assistance. Hence, CHR is now very much in the picture helping us.'

>>> Honestly, i am also thankful about CHR involving in this issue. I remember one Naija OFW (Mr. Archide?) sent an email-inquiry to DFA challenging the ban on the grounds that it is unconstitutional as the ban is tantamount to preventing us from exercising our rights to work and travel anywhere. DFA replied that it is just acting its part of ‘protecting’ OFWs and would-be’s.
But that is beside the point. The point is, it all boils down whether 'somebody' else in the government (like Ka Noli or Sen. Villar) can task Usec. Este-ban Conejos to explain on his 'insistence' to keep the full travel and work ban against Nigeria.
Recommendations from everywhere can come and go, but if Mr. Conejos remains 'steadfast' in his 'love and concern' for us Naija OFWs, then this ban will remain.
Lest we are missing the line here, ALL these issues can be solved by DFA in one order – ban is lifted.
I think it would be prudent and wise to involve the DFA in future meetings about Nigeria ban.


Filipino Seafarers "act" affecting land-based Filipinos in Nigeria.
This is entirely a different issue that POEA is putting extra eye to the like ot SEA GEM.
What is unfortunate is that every sad news as a result of their involvement in the "oil bunkering" business affect us all as well, because Filipinos are now considered by the Nigerian press as "thieves". Napakasakit Ate Glo.
Indeed, napakasakit, Kuya Manny (Villar po, hindi Figueroa).
Has anyone heard from Ka Noli, DFA, DOLE, POEA, CFO if they are “investigating” SEAGEM?
It was December 15, 2008 when Mr.Lito Nocum’s article (Four Seamen of True Courage) about the 4 Filipino seamen who refused to participate in the oil bunkering and SEAGEM’s alleged participation was published in Globalnation, the only ‘noise we got from the issue came from ’Presidentiable’ Sen. Dick Gordon, last Jan 16, 2009 (Gordon asks gov’t to save jailed sailors).
In the meantime, the rest of the arrested OFWs are languishing in Nigerian jail. The status of their case is “confidential”, according to an embassy official in Abuja.

To summarize or to advise our Balikbayan or bakaysionistang kababayan nakatira sa Nigeria:
1. We shall continue to pray for the lifting of the deployment ban to open the door for other Filipinos to work in Nigeria.
>> we are with you..
2. We are "migrant workers" being a holder of a residence permit to Nigeria. We shall refrain from categorizing ourselves as "returning workers" or OFWs when we fill-up the disembarkation card.
>> Am I going to be arrested in NAIA if I fill up the form and write “returning worker” or “proud Nigeria OFW”? Will I be barred from coming back to Nigeria for doing that?
3. Do not contact Immigration people just to have safe exit at the airport (although to do so is entirely the prerogative of those who wanted to "maglagay". But if we act as one body fighting for our right, then we will have back our freedom to work anywhere abroad.
>> I’m sure we all agree to the latter statement. The rest of us are with all these efforts.
Thanks to Messrs. Lito Nocum and Ben Nadado and all Kapusong Pinoys for representing the Nigeria OFWs.


COMMENTS FROM FRED BORBON


Kuya Maynard,
Napakaganda ng paliwanag mo na iyan at lalong lumiwanag ang pag asa at agam agam tungkol sa lintik na Ban, na talagang hanggang sa ngayon ay malabo pa sa tubig ng baha ika nga. Sa dami na ng nagpulong na iyan,puro mga katanungan pa din pala ang naging resulta, nadagdagan pa ang isipin na di pala naman OFW,kundi Migrant Workers sa Nigeria pa daw, o baka naman "may grasya sa Inay Gyera". Kapag maganda ay atin, kung masama ay akin lang po.
Kung si Hingalo Reyes na sumabit din sa isyu ay nawalang parang bula, dumayo lang pala ng kain dito at mag iinventory lang pala sa Embassy, wala ding tibay na maaasahan.
Bumitiw din ng mahalagang salita si Commissioner Edd MEND oza, bastat may green card, residence permit ay okey lang, walang harang sa Immigration, tama naman po siya, basta diretso kayo if the prays is right.
Mungkahi ko na lang po, joke na totoo, kay Manny Pacquiao ako sasandal at di kay Money Billar na ang kaya lang resolbahin sa problema ng OFW ay mga walang tiket sa eroplano na makauwi ng Pinas, eh bakit di siya makasawsaw sa usaping Nigeria, abay magkakasubukan tiyak, baka mapahiya siya at mapa ihi pa niyan.
Ipupusta ko na sa susunod laban niya sa May 2 ang aking ipambabayad sa isusuhol sa Eh May Grasya, at tiyak na mapapakasong sa aking mga katrabahong Bitoy, kaya iyong mga gustong sumama po, open pa ang aking line up, he he he.
Saka po, pwede din natin lapitan si Kuya Sabit Singson, alam ko pong naglipana mga bata niya sa tatlong terminal na iyan dahilan sa bago niyang ka tong kulan, magkano na iyang ipapakiusap nating iyan, barya barya na lang para sa kanya iyan, abay kung di tayo umubra sa mga tropang Turo Turo Boys ng DFA/POEA/DOLE, tama na ang kanilang pa pogi points at baka pag initan pa ang ating direct hiring like sa Hongkong ika nga.
Ganito kasi kaya di maalis ang ban, nag karoon na po ng licence daw ang mga magnanakaw style Pinoy, kasi umalis ka sa Pinas na seaman, papasok ka ng Nigerian waters at kapag nahuli ka, pangita ang ebedensya sa newspaper ng Nigeria, mga Magnanakaw na Pinoy, naka headline pa, di po matauhan mga taong gobyerno niyan, ka frat ika nga, lampas sa kabilang teynga, tingnan mo, nakakulong pa po ang ilang kababayan natin sa ngayon dahil sa kapabayaan, hindi pag kakakwartahan eh, ika ng gobyerno sa mga kidnapper, no ransom policy, bugok!!!!, secretuhan na lang iyan, kakahiya kasi eh.
Kulang po sa briefing ng realidad ang mga nagbabalak na OFW na papasok sa Nigeria, iyan po ang totoo, sa Naija Pinoy dapat ang seminar nila at di sa PDOS
Bakit di maalis alis ang Ban, kitang kita po kasi ang sarap buhay sa Nigeria,lalo na noong Independence Day Celeb, sabi lang magulo daw kuno, eh linggo linggo po ay meron Sabado Nights extend pa sa Lingo, may mga gatherings at karoeke pa, may sabong pa, katunayan sa Bonny Island at Ikeja, baka daw naiingit po sila sa totoo lang kaya ika nga, nakiki ambos lang sila sa ating kita. Makinig ka sa umpukan ng mga timawa at kapag narinig na galing ka sa Inay Gyera, naku, ang lalaki daw ng sweldo doon, kaya ang lagay baga naman, hanggang sa kwento lang kayo bida, kaya may kwenta ang balik natin.
Kaya kapag bumabalik na po tayo, ang sabi ng taga Eh May Grasya sa airport sa OFW Nigeria, sa halip na magnanakaw din aka seaman , Magna NAKU!!!, may visa ka ng Nigeria ano, bawal iyan Sir, ala pa pong memo na okey na kayo palusutin de palampasin, May Higpit po na ipinagbabawal, so, ikaw naman na gustong makabalik, alam mo na iyong ibig sabihin ng Bawal na Maghigpit naman.


Comments from Afghanistan - where OFWs are also much loved by este-Ban:

1. Is CFO a government agency?
2. Migrant workers are not OFW´s - kelan pa nangyari ang classification na ito? Ang alam ko OFW is a term used for Filipinos only pero in English, lahat ay migrant workers. Hay!
3. Kung ganun nga ('2), bakit nangongolekta pa rin sila ng fees and kelangan pang pumila? Hindi ba nila alam yWhat difference does it make if one is a resident or an OFW? Both are exposed to the same perceived danger that they are using as their excuse. Noli even added the excuse of protection from illegal recruitment kaya sige pa rin ang ban. Saan kaya maraming illegally recruited - sa banned countries or those not banned; e.g. Saudi, Kuwait, UAE?
3. Vivid details - anong ibig sabihin nang vivid? yong hindi black and white?
4. The OFWs or pinoys in Israel, Rwanda, Angola, Sudan, DRC, Pakistan (to name a few, and yes, there are pinoys working there) are not in danger or hindi lang sila love ni este-Ban?
5. Should there be trouble that requires evacuation, does that mean the government will not act to rescue those who are in the banned countries? IF they will, useless naman pala ang ban-ban.
6. Hwag umasa kay Noli. He only FOLLOWS what este-ban says. The office of Senator Jinggoy Estrada (he is chairman of the labor committee) perhaps can help lobby?
7. Last but not least: DFA has DECIDED to give us death instead of liberty. Miski nga liberty milk hindi tayo bibigyan ni este-ban kung mawalan tayo ng trabaho. Airport personnel continue to benefit from the ban. Seguro yon ang reason for the ban by DFA. To continue to make the airport personnel happy and not really to protect the OFWs.



NEED WE SAY MORE? Only this:
I’m just tired of the semantics and logistics decreed by the Philippine government. All I know is this... there is a Nigerian embassy in the Philippines. There is a Philippine embassy here in Nigeria and the seat is here in Abuja with 17 (?) countries na sakop nito. Is this not an insult to the host government that the seat is in its capital and yet the nationals can not travel freely? At ano ang garantiya ng ibang bansa under our Embassy here sa Abuja with regards to this so called 'protection?'

And the Mafia-like immigration system - no pay, no pass! The government is actually legalizing bribery - because of this Travel Ban, the crocs are very much alive - grabe ang pula ng mga hasang!
There is no logic. If our government is so stubborn and keeps on painting our host country as a dangerous one, then close the embassies of both countries. Cut the diplomatic ties. After all, whose nationals are caught stealing/oil bunkering? Is it not the same Philippine nationals, duly certified by our government as legitimate seafarers?

Cimatu will come to assess. Wow, talaga... kasi kami na tumira dito from 25 - 30 years and lived here literally treated like royalty can not give statement that this place is much much safer than our country with the most rotten government. The person to assess para paniwalaan is an official from our government na ni hindi man lang maka stay dito for a week. Or baka talagang safe and nice ang place na ito at gagawin lang na bakasyonan (stay at Hilton) at para tuloy-tuloy di wag ma lift ang travel ban.
Look at pa-poging este-ban, enjoy lang sya. How about Relacion? Expenses paid courtesy of our government.

Ang sabi ng Relacion nuon, national interest daw ang HABOL NG GOBYERNO. It would really be interesting to note that while there is a travel ban, our continued remittances is of national interest.

TRAVEL BAN SAGA

While every ‘Pinoy Worker’ here in Nigeria is frantically raking his brain on how to hammer through the heads of our very stubborn government officials that Nigeria is the safest haven of Pinoy workers, (Is it not enough guarantee that there are many Pinoys who are still in this country for 25 to 30 years and still going strong?) for ‘them’ to lift this very odious TRAVEL BAN, organizations like CMA (our frontrunner) is also pooling all its resources to come to our rescue. On January 20, 2009, CMA Director Ellene Sana spearheaded a meeting with government officials who are in direct control of our ‘fate’ - DOLE USEC Ms. Luzviminda Padilla, POEA Administrator Ms. Jennifer Manalili, OWWA Representative, Mr. Gerardo Montano, Immigration Officer, Mr. Edwin Pajarez, Commission of Filipinos Overseas (CFO) Representative, Commission on Human Rights (CHR) Representatives.

The excerpts of the meeting as reported by the Pusong Pinoy Association President Lito Nucum is as follows:

Mga kapuso,

Hereunder are the highlights of our meeting with DOLE-POEA on 20th Jan. 2009, attended by the following:

DOLE USEC Ms. Luzviminda Padilla
POEA Administrator Ms. Jennifer Manalili
OWWA Representative
CMA Director , Ms. Ellene Sana,
Mr. Gerardo Montano, Immigration Officer
Mr. Edwin Pajarez, Commission of Filipinos Overseas (CFO) Representative
Commission on Human Rights (CHR) Representatives

Lifting of Deployment Ban to offer job opportunities to other Filipinos DOLE could only recommend the lifting of deployment ban as the decision to do so falls to the DFA office. For DOLE to recommend they are asking us more vivid details on the safety of Filipino workers in Nigeria and a sort of assurance that no Filipino workers would be kidnapped. Pusong Pinoy or any Filipino Association in Nigeria, for that matter, is not in any position to give a qualified statement attesting to the security/ peace & order situation in Nigeria.

However, even in our absence CMA, together with other NGOs and related government offices engage on the issue of deploment ban, will try to arrange another meeting with DFA, whilst awaiting the recommendation of Special Envoy Roy Cimatu this coming March 2009.

Filipinos with Residence Permit (CERPAC holder)
This is where we fall under. The mandate of CFO is to look after the Filipino migrants all over the world.. CFO read our case as migrant workers because we are a holder of a residence permit.

(Through this email we are addressing Mr. Edwin Pajares asking their office how, we Filipinos in Nigeria, could be officially recognized by them as Migrant workers in Nigeria and what are the requirements. Membership or processing fee we were told involve only a very minimal amount).

Meaning we are not even considered by DOLE/POEA as OFWs and therefore does not affect us at all on the issue of deployment ban.

To avoid hiccups at the Immigration we are still insisting the appropriate office (DFA) to issue the guideline to Bureau of Immigration to facilitate our exit at the airport immigration without any hassles. The representative of the Immigration, Mr. Montano quoted that it was clear with them that deployment ban does not involve Filipinos with residence permit in Nigeria. Although no document is available to back up his statement.

The Commission on Human Rights is also helping us on our right to travel or work abroad by issuing a request letter to Immigration Commissioner, but with hundreds of Filipino going back to Nigeria, it would be almost impossible with them to issue letter to those who seek their assistance. Hence, CHR is now very much in the picture helping us.

Filipino Seafarers "act" affecting land-based Filipinos in Nigeria.
This is entirely a different issue that POEA is putting extra eye to the like ot SEA GEM.
What is unfortunate is that every sad news as a result of their involvement in the "oil bunkering" business affect us all as well, because Filipinos are now considered by the Nigerian press as "thieves". Napakasakit Ate Glo.

To summarize or to advise our Balikbayan or bakaysionistang kababayan nakatira sa Nigeria:
1. We shall continue to pray for the lifting of the deployment ban to open the door for other Filipinos to work in Nigeria.
2. We are "migrant workers" being a holder of a residence permit to Nigeria. We shall refrain from categorizing ourselves as "returning workers" or OFWs when we fill-up the disembarkation card.
3. Do not contact Immigration people just to have safe exit at the airport (although to do so is entirely the prerogative of those who wanted to "maglagay". But if we act as one body fighting for our right, then we will have back our freedom to work anywhere abroad.

Other sidelines will be discussed when I am back in abuja on Sunday, 25 Jan. 2009.

God bless all,
Lito
Pusong Pinoy past presidents- Marisa Mercado & Bernie Mercado, Lito, Benjie(left) and during the meeting (right) and with government reps (below)