THE Department of Labor and Employment (DOLE) started the New Year by announcing it will soon stop the deployment of newly hired household service workers (HSWs) bound for Kuwait, as Philippine officials press for the full prosecution of the employers behind the fatal beating of a Filipino maid.
Labor Secretary Silvestre H. Bello III said the partial deployment ban will not cover HSWs with existing contracts, as well as skilled and vacationing workers.
He disclosed the ban, which was recommended by the Philippine Labor Attache for Kuwait Nasser Mustafa, aims to compel the Kuwaiti government to “give immediate justice” to Jeanelyn Villavende, who was allegedly killed by her employer last month.
“This should serve as a clear message to Kuwaiti authorities. The partial ban may ripen into total deployment ban if justice for Jeanelyn Villavende is not met,” Bello said in a statement.
He said they are ready to repatriate the estimated 260,000 OFWs based in Kuwait, the majority of whom are HSWs, if the total deployment ban becomes effective for the Arab country.
Similar circumstances
Bello said the ban will take effect once it is approved by the Philippine Overseas Employment Administration (POEA) Governing Board, which he chairs. He said they are targeting to complete this by next week.
“We will only lift if justice is given to Jeanelyn,” Bello said.
POEA issued its last deployment ban to Kuwait in 2018 upon the orders of President Duterte in response to the death of HSW Joanna Demafelis, who was allegedly also murdered by her employer. It was only lifted after the Philippine-Kuwait memorandum of agreement (MOA) for the protection of Filipino HSWs was signed in the same year.
Ongoing negotiation
The death of Villavende, however, led to many groups to question the effectivity of the MOA, which was supposed to prevent further abuses of HSWs in Kuwait.
The salient features of the MOA include making it mandatory for employers to allow their OFWs to keep their passports and cell phones, setting their meal and rest time, and banning their relocation in Kuwait without authorization from the Philippine posts.
However, more than a year since it was signed, the MOA, labor officials said, has yet to be fully implemented since the employers of Filipino HSWs in Kuwait are still not made to sign the employment contract containing its provisions.
Bello said he is now meeting with the Kuwaiti ambassador in an attempt to address this.
Local probe
The labor chief said they are now also investigating the possible liability of the local recruitment agency who deployed Villavende to Kuwait, after it allegedly failed to act on her complaints against her employers.
“We will also ask Villavende’s recruitment agency to explain their inaction. As early as September, she already complained about maltreatment and underpayment of salary. She also repeatedly requested the agency for repatriation, but they did not do anything,” Bello said.
Bello said the recruiter faces suspension or cancellation of its license to recruit if it is proven to have been negligent in handling Villavende’s case.
Overseas Workers Welfare Administration (OWWA) Administrator Hans J. Cacdac said Villavende’s family was last able to talk to her in October.
He said her family tried to call her again on December 13, but it was her female employer who answered the call.
Based on the initial report of Mustafa, Villavende was already beaten to death, when brought to a hospital in Kuwait last month.
Family aid
Cacdac said he met with the family of Villavende in Norala, South Cotabato to condole with them and extend aid to them—death and burial benefits, as well as livelihood assistance and educational scholarship.
The Owwa head, however, said the family is mainly concerned with the developments in Villavende’s case and the repatriation of her remains. Bello said it may take a while before Villavende’s remains are repatriated. An autopsy and forensic investigation is awaited to determine the official cause of her death, and who should be held liable for it.
Cacdac said Owwa will coordinate with the Department of Foreign Affairs (DFA) to facilitate the repatriation of the her remains once Kuwaiti authorities allow it.
MOA violation?
The chairman of the House Committee on Labor and Employment on Thursday said the lower chamber will look immediately into possible violations of the MOA between the Philippines and Kuwait.
Rep. Enrico A. Pineda of 1-Pacman Party-list called for a House investigation before resumption of session in Congress on January 20.
“I call upon all our government agencies to shed light on the matter so that Congress may act upon these issues and consider necessary legislation and policy direction,” he said.
“If the Kuwaiti Government is actually concerned about our workers, it should ensure that they are well protected. Because we will not allow our vulnerable Filipinos to be deployed to work in foreign lands without the assurance that the foreign state will give them the protection they need,” he added.
According to Pineda, the agreement requires the two countries to uphold ethical recruitment policies, systems, and procedures for the recruitment and employment of domestic workers subject to their laws and regulations.
He said it requires employers to provide food, housing and clothing to their workers,\ and for the countries to take legal action against erring employers.
With Jovee Marie N. Dela Cruz
Image credits: Roy Domingo