To ALL OFWs
Please read and digest what BICAM has finally adopted.
_______________________________________
From: ellene sana ellenesana@yahoo.com
To: pinoy-abroad forum
Sent: Mon, November 23, 2009 9:18:23 AM
Subject: bicam adopted final amendments to ra8042 including mandatory insurance ...
hi all.
sorry if this comes a bit late. as expected the bicam on ra8042 met in the evening of november 18 and approved the proposed amendments to ra8042. included was the approval of the proposal for mandatory insurance for land-based ofws who are hired by recruiters. some 150 of us, mostly from the APL (alliance of progressive labor), APL women, marino, port workers and other affiliate groups, trooped to the bicam venue to register our presence to the bicam members. we had a streamer to convey our main concern --no to ofw compulsory insurance scam!
earlier that day, we also provided the bicam members with copies of statement, which was an updated version of the last one we submitted during their previous bicam in october.
before the bicam started, several of us went inside to say hello to the legislators. we were met by cong. way kurat, chair of the house committee on overseas workers affairs. We told him we are there to lend support to the efforts of bicam to approve the much needed amendments to ra8042 which we have been working on together with them, but we take exception to the proposal on the mandatory insurance.
cong way kurat said our concern was noted then he asked us to join them for dinner. We declined the offer, went out and joined our colleagues outside and decided to revisit the issue.
we formed a circle and started our discussions. Thanks to the management of the restaurant the legend who offered us their monoblock chairs for us.
a little later, a staff of sen jinggoy came and told me to go to the meeting room because the senator has some questions. The senator asked me why we were there in good number (during the last bicam, i was solo) he reminded me that they were not immune to our concerns, that in fact they were doing this for the ofws hence they even allowed me to make an intervention during the october bicam (which was not usual). i told him it was appreciated. I went on to say that we were there to actually lend support to the bicam in approving the needed amendments to ra8042 except the proposal on the insurance.
[pls click on this link for the updated version of our statement:
http://www.pinoy-abroad.net/lungga/index.shtml]
...and we went through the same arguments that we had during the last bicam -- they see the proposal as positive, they see it as something to benefit the ofws, that it is protection to ofws...and that they provided more than enough safety nets/ mechanism in the law to make sure it is not passed on to the workers and that it does not become simply an additional layer or party obstacle to the ofw...that it really becomes beneficial to the ofws...they asked to give it a chance....and we see it as otherwise.... that it is the recruiters who stand to benefit so why legislate it, that the state should not relinquish its duty to protect, that at best it can only be voluntary because there are already provisions for the same except that it is not working out efficiently hence must be addressed such as the owwa and the insurance is no solution to it, that while we can understand that technically since the proposal is contained in both versions of the house and the senate then it would be acted upon to which i argued that we believe these things are not written on stones and that we are still hoping and praying for the wisdom of the bicam members ...etc,. etc etc...unfortunately, I think they were mindset to approve all the proposals including the insurance and no amount of argumentation can make them change their minds. finally, cong edcel reiterated his statement during the last bicam -- he said .... the ofws are against it, the government agencies are against it and now, even the recruiters are withdrawing their support to it
[on that day, pasei, the biggest network of recruitment agencies, issued a press statement to this effect with a commitment to continue the practice of securing insurance for ofws on voluntary basis; click on link fro their statement: http://globalnation.inquirer.net/news/breakingnews/view/20091117-236810/Recruiters_take_back_insurance_proposal_for_OFWs
post-bicam, I spoke with an advocacy colleague from the industry who expressed strong reservation in the final version approved saying it was far different from what they proposed originally and he laments that the version passed will invite more animosities between migrants and the industry. That got me worried some more....] ---
ok, back to cong edcel -- so he asked himself and colleagues again--what do we do in this situation? to which i quickly answered, you can delete the proposal.... and we went through the same arguments....until finally, cong edcel asked again, to break the impasse he said, since our conversation was going nowhere and no one was yielding --he asked --are we amenable to having it for a trial period of 3 years subject to mandatory review, even earlier than 3 years if there is motu propio of violation i.e. that it is passed on to the worker --upon sms consultations with colleagues outside and those who were not there as well -- i told the bicam members that we are not amenable to the proposal for the reasons we have cited. we want it scrapped. so that was how we ended. i left the room. They started the meeting. i reported to the group waiting outside. after sometime, the bulk of the group decided to go home. ka roger from marino and learn stayed with me until the bicam was finished at almost 12 midnight. one by one the bicam members came out of the venue -- first was cong edcel --he confirmed that the meeting was over. He went on to assure us again that they would be strictly monitoring the implementation of the insruance provision under the joint congressional committee. Next to come out was cong rex gatchalian who said the same. Then sen jinggoy who said the same stressing the safety mechanisms they put in place to allay our fears that the premium will ultimately be passed on to the workers ... ka roger and I decided to go home. it was a long day for all of us. we were exhausted.what is next? the bicam version will be finalised and send back to the respective chambers for final approval --first in the house, then transmitted to the senate and finally to malacanang for signing into law. gma can sign it, or veto it. if she does not act on it, it still automatically becomes a law in how many days (?) --30 or 60 days?? will she veto? may be, may be not...
we will request for the copy of the final version so we know exactly how things are. we will also request congress that we take part in the crafting of the IRR to which sen jinggoy said it may be possible. we must remind them all that it better work for the benefit of the ofws ...or else.... kawawa na naman ang ofws.... as for the ofws –please be more vigilant. Be confident in standing up for your rights.when the law says you are not supposed to pay, then don't pay!
Finally, the other sections amended, for the better I believe, are the following:
section 2 on statement of principles
section 3 on definition of terms
section 4 on deployment criteria
section 5 on termination of ban on deployment
section 6 on illegal recruitment –isinama na yung repro scam and other unlawful acts including loan scams and decking system for medical tests, monopoly on tests and other skills trainings, passing on fees to workers including that for the insurance...
it included also stiffer sanctions against recruiters and juridical bodies including other agencies like dole and poea
section 7 on penalties –imposing stiffer and higher penalties
section 10 on monay claims – amendment was silent on the refund for the unexpired portion claims-- upon clarification, I was told that the supreme court decision on money claims applies; the part proposed for amendment also says ..... I should mention this because I am not sure if this good or not --
Sec. 10. Money Claims. –Notwithstanding any provision of law to the contrary, AT THE OPTION OF THE WORKER, the Labor Arbiters of the National Labor Relations Commission (NLRC) AND THE OVERSEAS EMPLOYMENT ADJUDICATORS OF THE POEA shall have the original and CONCURRENT jurisdiction to hear and decide, within THIRTY (30) calendar days after the SUBMISSION OF THE CASE FOR DECISION, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages; PROVIDED THAT THE BASIS OF AWARD OF DAMAGES SHALL BE PROVEN BY SUBSTANTIAL EVIDENCE AND THE AMOUNTS THEREFORE SHALL BE RESPONSIBLE AND IN ACCORDANCE WITH LAW AND JURISPRUDENCE.
THE FIRST OFFICE WHICH TAKES COGNIZANCE OF A CASE FOR MONEY CLAIMS SHALL EXCLUDE THE OTHER OFFICE FROM EXRCISING JURISDICTION OVER THE CASE. A CERTIFICATION OF NON-FORUM SHOPPING SHALL BE ATTACHED TO THE COMPLAINT
IN ALL CASES FILED UNDER THIS SECTION, APPEAL SHALL BE WITH THE NATIONAL LABOR RELATIONS COMMISSION AND SHALL BE GOVERNED BY THE RULES THEREOF. .
Section 13 – on free legal assistance
section 16 –on mandatory repatriation of underage migrants imposing stiff penalties for recruiters concerned
section 19 --
section 20 on sgism to realize this provision
Section 23 –on agencies of government –POEA, OWWA; adding on DOH and regulation re medical testings, LGUs
section 24 -
section 25 – on legal assistance fund- regular appropriations in the GAA subject to finance and performance audit; on uses of LAF
section 32 –on governance structures of owwa, poea and seats for ofws –in terms of process and selection
section 33 on report to congress
section 35 on exemption on fees
new section on mandatory insurance –mahaba ito
new section on creation of a joint congressional oversight committee
new section – IRR crafting 60 days after effectivity
new section –funding of P25M for budget of oversight committee
all for now. salamat sa mga sumama sa kampanyang ito.. magpahinga muna tayo.
ellene
ellene a. sana
Center for Migrant Advocacy Philippines72-C Matahimik Street, Teachers’ Village Quezon City, Philippines
Email: cmaphils@pldtdsl.net;
URL: www.pinoy-abroad.net
Telefax: +632 4330684;
Telephone: +632 920 5003;
Cellphone: +63 928 795 2222
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