MANILA – A “toothless deal” was how a party-list representative described the Philippines’ proposed agreement with Kuwait on the protection of Filipino workers in the gulf state.
The draft memorandum of agreement (MOU) does not guarantee the fulfillment of terms set forth by President Rodrigo Duterte himself, according to Rep. Aniceto Bertiz III of ACTS-OFW.
The MOU does not spell out enforcement mechanisms, such as labor inspections, and fails to specify penalties on employers who abuse Fiilipino workers, he said.
“It is basically a vague promise,” Bertiz said. “Without the means of enforcement or coercion, we cannot expect reasonable compliance by Kuwaiti employers.”
Even with this MOU, Filipino workers in Kuwait would still be at “greater risk” of being maltreated and exploited, he claimed.
Earlier Duterte imposed a total ban on the deployment of Filipino workers to Kuwait after the death of Ilongga domestic worker Joanna Demafelis and seven other Filipino workers in the gulf state.
Duterte said he would consider lifting the ban if Filipino workers are allowed to possess their passports, use their cellphones, enjoy adequate rest, and cook their own food.
“In the proposed MOU, the employer is ‘not allowed to keep in his possession’ the domestic worker’s passport, but there is no penalty indicated for the erring employer,” Bertiz said.
“The draft also states that the employer is supposed to ‘allow the use of cellphones’ but does not guarantee the worker’s right to keep and use her phone. There is also no penalty stipulated for the employer who seizes the worker’s phone,” he added.
Moreover, the MOU does not indicate the minimum seven hours of sleep demanded by the President, said Bertiz.
“The draft also states that the employer is supposed to provide the worker with food but does not specify how many times a day,” he added. “It also does not give the worker the option to cook her own food, as demanded by the President.”
Meanwhile, Bertiz urged the Kuwaiti government to stop punishing OFWs who escape from their abusive employers.
“Right now a domestic worker who flees from a cruel employer automatically faces absconding charges under Kuwait law and is subject to arbitrary detention and imprisonment,” he said.
There are more than 260,000 Filipinos living and working in Kuwait./PN
