MANILA, Dec. 26, 2009—The International Seafarers’ Action Center (ISAC) Philippines Foundation, Inc. has issued a critique on the proposed amendments on Migrants Act of 1995, stressing that it will be detrimental not only to the seafarers, but to the migrant sector as a whole.

ISAC president Atty. Edwin S. de la Cruz, on December 22 said although some of the amendments are commendable, there are some things lacking.

“The imposition of higher penalties for illegal recruitment is commendable, but the downgrading of certain acts initially punishable as illegal recruitment to mere “prohibited acts” with lesser penalties and without the economic sabotage provision does not afford adequate protection to labor. Many of these so-called prohibited acts should be punishable as illegal recruitment,” the labor lawyer said, referring to the amendments to the Section 5 of the Migrants Act.

He explained that lending institutions, entities or persons who provide fictitious loans to overseas Filipino workers (OFWs) and those who impose the signing of postdated checks and false acknowledgment documents, must be penalized as principals by indispensable participation in the crime of illegal recruitment.

“This is especially true if the collection of placement fee and interest are excessive and constitute the crime of illegal recruitment per se or if there is no real job abroad,” de la Cruz said.

Nevertheless, the signing or endorsement of any postdated check by OFWs under the above scheme cannot be made the basis for criminal prosecution under the Bouncing Check Law (Batas Pambansa 22) or under Article 315 of the Revised Penal Code for estafa, he furthered.

“Any such criminal case filed against any OFW shall be summarily dismissed at the preliminary investigation stage or the pre-trial conference by the Trial Judge, motu propio, or by motion of the OFW or by any party. It shall be treated as a harassment case or as a SLAPP case, or strategic legal action against public participation,” said de la Cruz.

Strengthen civil society participation on persecution against illegal recruitment

Moreover, civil society organizations (CSOs) and NGO personnel who help OFW must also be included in the enumeration under Item #39, page 4 of the proposed new Migrants Act.

“After the phrase “In the filing of cases for illegal recruitment,” the following phrase should be added: “the affidavits and testimonies of operatives or personnel from the DOLE, POEA and other law enforcement agencies or private individuals from non-government organizations, trade unions, workers associations, and civil society, who witnessed the acts constituting the offense shall be admissible in evidence and, when deemed sufficient, shall be enough to convict the accused,” he furthered.

In Section 7, de la Cruz asserts that the three month cap provision must be removed and the lack of due process must be included as a basis for the unlawful dismissal against the OFW.

“In addition, a final provision that allows freedom of information and access to information by any citizen, OFW or institution must be introduced in the new legislation,” he said. “Furthermore, in the pre-employment orientation seminars, it must include a module discussing workers rights under domestic and international laws, including the ILO Maritime Labor Convention of 2006 for all sea-based OFWs.”

No to compulsory insurance

ISAC also said no to the compulsory insurance proposed on the new Migrants’ Act.

De la Cruz said the amount of coverage is not reflective of the needs of OFW’s and their contribution to the national economy. All amounts should be doubled. It is not true that seafarers are amply covered by adequate insurance by Protection and Indemnity Clubs (P and I Club) formed by the ship-owners.

“The seafarer is not the one insured here but the Shipowner under a “pay-to-be-paid” arrangement. The seafarer cannot sue the P and I Club directly nor claim anything against the P and I Club as it is the ship-owner who is insured or protected,” he explained.

Meanwhile, this January 2010, ISAC will launch a series of forums and other activities to strengthen and widen its campaign against the anti-migrant amendments on Migrants Workers’ Act of 1995. (Noel Sales Barcelona)