Migrant Workers and Overseas Filipinos Act of 1995

Republic Act No. 8042 was enacted in June 1995 to concretize government's commitment to protect the rights and promote the welfare of migrant workers, their families and other overseas Filipinos in distress. It also provides the framework for concerted government action in dealing with the difficulties faced by Filipinos abroad.

The law seeks to protect the rights and interests of Filipino workers and other Filipinos abroad through the specific policies and services.

Policy Guidelines:
Programs and Services
Shared Government Information System for Migration
Emergency Repatriation Fund
Re-placement and Monitoring Center
Legal Assistant for Migrant Workers
Legal Assistance Fund
Congressional Migrant Workers Scholarship Fund
Other Provisions

Policy Guidelines:

The programs and services provided for in R.A. 8042 are anchored on the following policies:

1. The dignity of citizens, whether in the country or overseas, and Filipino migrant workers, in particular, shall be upheld.

2. Filipino migrant workers shall be provided with adequate and timely social, economic, and legal services.

3. Overseas employment shall not be promoted as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citizen shall not, at any time, be compromised or violated.

4. Women and men shall be equal before the law; women shall have significant role in nation building.

5. An effective mechanism shall be instituted to ensure that the rights and interests of distressed overseas Filipinos, in general, and Filipino migrant workers, in particular, documented or undocumented, are adequately protected and safeguarded.

6. Filipino migrant workers and all overseas Filipinos shall have the right to participate in the democratic decision-making processes of the State and to be represented in institutions relevant to overseas employment.

7. The ultimate protection of all migrant workers shall lie in the possession of skills.

8. Non-governmental organizations shall be recognized as partners in the protection of Filipino migrant workers and in the promotion of their welfare.

Programs and Services:

The following programs and services for overseas Filipinos are provided for by R.A. 8042:
Name of Program/Service
Agency Concerned
Main Features/Highlights
Travel Advisory/ Information Dissemination
Philippine Embassies and Consulates
POEA
Issuance of travel advisories or dissemination of information on labor and employment conditions and migration realities and other facts to adequately prepare individuals into making informed and intelligent decisions about overseas employment
Migrant Workers Loan Guarantee Fund
OWWA in
coordination with GFIs
Institutionalization of financing schemes to expand grant of pre-departure loan and family assistance loan to Filipino migrant workers and their families.
Migrant Workers and Other Overseas Filipinos Resource Centers
Philippine Embassies/ Consulates with other government agencies
Establishment of a 24-hour information and assistance center in countries where there are large concentrations of Filipino migrant workers. Among the services of the center are:
counseling and legal services
welfare assistance, including procurement of medical and hospitalization services
information programs to promote social integration, settlement, and community networking
training and skills upgrading
gender sensitive activities to assist specific needs of women migrant workers
A counterpart 24-hour information and assistance center is also established at the DFA.

Shared Government Information System for Migration:

DFA, CFO, DOLE, POEA, OWWA, DOT, DOJ, BI, NBI, and NSO

Sharing of existing databases among agencies concerned. The databases include:
masterlist of Filipino migrant workers with pertinent demographic information

inventory of pending legal cases of Filipino migrant workers
masterlists of departing/arriving Filipinos
statistical profile on Filipino migrant workers/overseas Filipinos/tourists
blacklisted foreigners/undesirable aliens
basic data on legal systems, immigration policies, marriage law, and civil and criminal codes in receiving countries particularly those with large numbers of Filipinos
list of labor and other human rights instruments where receiving countries are signatories
a tracking system of past and present disaggregated cases involving male and female migrant workers
listing of overseas posts which may render assistance to overseas Filipinos in general, and migrant workers in particular.

The second phase involves linking of computer facilities to allow free-flow data exchanges among agencies.

Emergency Repatriation Fund:

OWWA
Administration, control, and supervision of a fund consisting of P100 million taken from existing OWWA funds and additional funds appropriated from the general appropriations act for the repatriation of workers in cases of war, epidemic, disaster, or calamities natural or man-made and other similar events, and in cases of repatriation of workers where the principal or recruitment agency cannot be identified.

DFA
Repatriation of underaged migrant workers.

Re-placement and Monitoring Center:

DOLE
Establishment of a mechanism that will facilitate re-integration of returning Filipino migrant workers into Philippine society, serve as a promotion house for their local employment, and tap their skills and potentials for national development.

DOLE, OWWA, POEA
Formulation of a program that will motivate migrant workers to plan for productive options such as entry into highly technical jobs, livelihood, and entrepreneurial development, better wage employment, and investment of savings.

TESDA, TLRC
Provision of training to returning overseas workers, giving priority to returnees who had been employed as domestic helpers and entertainers.

Legal Assistant for Migrant Workers:

DFA Office of Legal Assistance for Migrant Workers Affairs
Creation of the Legal Assistant position who will be responsible for the provision and overall coordination of all legal assistance services to Filipino migrant workers, as well as overseas Filipinos in distress.

Legal Assistance Fund:

DFA Office of Legal Assistance for Migrant Workers Affairs
Creation of a fund to be used to pay for legal services of migrant workers and overseas Filipino in distress, specifically for:

fees for foreign lawyers
bail bonds
court fees and charges and other litigation expenses

The fund, in the amount of P100 million, was sourced from the President's Contingency and Social Funds and the Welfare Fund for Overseas Workers.

Congressional Migrant Workers Scholarship Fund

DOLE, DOST
Establishment of scholarship fund to benefit deserving migrant workers and/or their immediate descendants below 21 years old who intend to pursue courses or training in the field of science and technology. Its implementation is subject to the availability of funds.

In January 2000, President Joseph E. Estrada issued Executive Order No. 203, establishing the Inter-Agency Committee on the Shared Government Information System for Migration. This inter-agency body is envisioned to put in place a mechanism to harness data and information exchanges among the 17 member and support agencies to better serve the interests and well being of Filipino overseas.

Other Provisions

Among the other provisions of the law include the following:

1. Selective deployment of Filipino migrant workers to countries where their rights are protected

2. Definition of illegal recruitment activities, and providing appropriate penalties thereof

3. Provision of incentives tom professionals and highly-skilled Filipinos abroad especially in the field of science and technology to enable them to participate in and contribute to national development

4. Phase-out of the regulatory functions of the Philippine Overseas Employment Administration

5. Exemption of overseas Filipino workers from the payment of travel tax and airport fees

6. Designation of June 7 as Migrant Workers' Day

Name of Program/Service	Agency Concerned	Main Features/Highlights
Travel Advisory/ Information Dissemination	Philippine Embassies and Consulates POEA	Issuance of travel advisories or dissemination of information on labor and employment conditions and migration realities and other facts to adequately prepare individuals into making informed and intelligent decisions about overseas employment
Migrant Workers Loan Guarantee Fund	OWWA in coordination with GFIs	Institutionalization of financing schemes to expand grant of pre-departure loan and family assistance loan to Filipino migrant workers and their families.
Migrant Workers and Other Overseas Filipinos Resource Centers	Philippine Embassies/ Consulates with other government agencies	Establishment of a 24-hour information and assistance center in countries where there are large concentrations of Filipino migrant workers. Among the services of the center are: counseling and legal services welfare assistance, including procurement of medical and hospitalization services information programs to promote social integration, settlement, and community networking training and skills upgrading gender sensitive activities to assist specific needs of women migrant workers A counterpart 24-hour information and assistance center is also established at the DFA.