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Opinion

If only!

OFF TANGENT - Aven Piramide - The Freeman

The right of sovereign equality in International Law, according to Dr. Jovito Salonga, points to the view that “all States are equal whatever their differences as to size of territory, population, wealth or degree of culture and civilization.” I could imagine the late senator with a smirk on his face as he said “understandably the pet principle of small, weak States is this right of equality.” Just imagine that Communist China, the modern international bully, and the Philippines are, in law, equal, notwithstanding the super power status of our chink eyed neighbors. If we can claim equal to China in our international relations, despite its superiority, Kuwait can also claim equal to us even if its population is just about five million compared to our one hundred ten million people. 

It is difficult to suppress old academic habits. Each time an issue surfaces (and that issue can somehow trace itself to my active years in the university), I am driven to discuss it briefly. Presently. I really want to talk about the fundamental equality of the Philippines and Kuwait as states, in international law, after I heard a disturbing news report. 

A Kuwaiti official reportedly imposed certain conditions before the Philippines and Kuwait can talk about the visa problems of our migrating workers heading for job placements in that country. To recall, the Kuwaiti government issued a ban on the entry of new Overseas Filipino Workers there. The laconic message of Kuwait interior ministry was that the Philippines had “breached the conditions and provisions of the labor agreement” between the two countries. This Gulf state official demanded, among others, that the Philippines make a formal admission that embassy officials violated their sovereignty, laws, and the Vienna Convention on Diplomatic Relations; apologize and commit that such violations will not be repeated; and hold accountable the officials responsible for the alleged violations. 

I must surmise though, that Kuwait felt that the construction by the Philippines of shelter houses to provide sanctuary to Filipino workers who escaped from their abusive Kuwaiti employers was the main crux. In a length goobledygook, they would want the Philippine authorities to express an apology for violating labor agreements and a commitment not to repeat such violations! That is an abusive dressing down of a self-proclaimed master, Kuwait, against its perceived lowly slave, Philippines. That is not the language of one state to the other where both such states are endowed with the fundamental right of equality. 

In any case, it has been reported that our government has remained firm that maintaining shelters that it has put up for OFWs in distress is non-negotiable and is required by Philippine law. Bravo! 

What do we know? Here are staggering facts. There are over 275,000 documented Filipinos working in Kuwait. Philippine nationals make up around 6% of Kuwait’s five million population. From these figures, we can safely assume that Filipinos, brawns and brains alike, contribute to the economy and comfort of this oil-rich Gulf state. Not only is Kuwait not treating the Philippines as an equal, its government is ungrateful to our contribution. 

Let the Philippines, an equal to Kuwait, keep its dignity and self-respect starting with helping those who were denied entry to Kuwait. We must not anymore ask Kuwait to allow them to work there. Instead, we keep them here. But, since it is public knowledge that these abortive migrant workers incurred financial obligations to meet the requirements of their foreign jobs, is there any government official to lead in finding ways to relieve them of such burden? If we gave billions of pesos to Pharmally for questionable deals during the pandemic, we can refund all these would-be OFW their expenses. Then government placement offices need to find jobs for them. If only we can do these 2 initial things, we can next dream of bringing back these 275,000 Filipinos in Kuwait.

INTERNATIONAL LAW

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