HRW: Philippines, Kuwait should fix gaps to prevent abuse of OFWs

President Rodrigo Duterte interacts with the Overseas Filipino Worker amnesty availees from Kuwait whom he welcomed at the Ninoy Aquino International Airport in Pasay City on Feb. 12, 2018.
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MANILA, Philippines — Instead of imposing a total deployment ban on new workers bound to Kuwait, the Philippines should instead work with the Gulf nation to agree on reforms that would protect migrant workers. 

Human Rights Watch stressed this point Thursday, noting that ban is likely to increase abuses of overseas Filipino workers who resort to unsafe and unregulated channels to enter Kuwait. 

“The Philippines should work with Kuwait to protect workers rather than ban them from migrating, which is more likely to cause harm than to help,” HRW Middle East researcher Rothna Begum said. 

RELATED: Kuwait extends amnesty program for OFWs

The human rights watchdog said that the two countries should agree on a bilateral agreement which includes a standard contract, a system for rescuing workers in distress and investigating abuses and deaths and a requirement to inform the Philippines of any national arrested.

A requirement for employers who apply for work and residency permits for domestic workers to apply for authorization from the Philippine embassy must be also included in the agreement, HRW added. 

“While bilateral agreements have many limitations, they can be helpful when there is an agreed upon mutually enforceable employment contract that provides real protections, and effective complaint systems and investigation procedures,” Begum said.

HRW, moreover, called on the Philippine embassy to ask employers to register domestic workers when they arrive and check OFWs periodically about their working conditions.

It also urged the government to improve its monitoring of recruitment agencies to prevent them from deceiving workers. 

“Both Kuwait and the Philippines have an opportunity to work together to increase protections for domestic workers and fix the gaps that are leaving workers vulnerable to extreme abuse,” Begum said. 

‘Kafala’ system

HRW also slammed Kuwait’s "kafala" system or the sponsorship system in the Middle East, which forces workers to remain with abusive employers and punish those who try to escape. 

Under the "kafala" systems, migrant workers who flee their employers can be arrested and fined, imprisoned for up to six months, deported and barred from returning for at least six years. 

During the Senate inquiry into the plight of OFWs in Middle East, presidential adviser on OFW and Muslim Concern Abdullah Mamao said that this policy allows employers to hold their workers’ phones, passports and even lock them in rooms. 

“The Kuwaiti government should fight the root cause of abuse of domestic workers—such as the ‘kafala’ system—before looking to recruit workers from other countries,” Begum said. 

Data from the Overseas Workers Welfare Administration said that 196 Filipinos have died in Kuwait since 2016. Most of them died due to medical reasons, while other committed suicide. 

More than 250,000 Filipinos are in Kuwait, most of them are domestic workers. 

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