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The Rights of Migrant Workers Maria Khristianie I Rubias

I. INTRODUCTION
The impact of economic globalization on the lives of poor Filipinos is so
devastating, and the need for jobs so pressing, that despite the horrifying stories of
injustices suffered by Filipino migrant victims, Filipino workers cannot be dissuaded from
leaving the country in search of overseas employment. The threat of living in perpetual
poverty, unemployment, and misery drove some to leave their families to work abroad.
Today, many years later, these are still the same threats that push a lot of us to brave the
violence against migrant workers abroad just to have the chance to find these better albeit
elusive opportunities.
It is estimated that one (1) out of ten (10) Filipinos resides over 90 million as of the
latest census in 2012, this translates to more than nine (9) million Filipinos working and/or
living abroad. There is probably no country in the world where there is no Filipino. Even
in the small islands of the Caribbean, one can find Filipino restaurants and money
remittance centers. Truth to tell, the main reason for the country’s healthy dollar reserve
is the remittances from the Overseas Filipino Workers (OFWs). They are called the
modern day heroes. Indeed, when one chooses to live in a strange land, outside his
comfort zone and away from his loved ones and contributes to the country’s economy, he
deserves the country’s gratitude.
In their situation, migrant workers are a class of people that need special protection
for their human rights. They are a class of people who are temporarily and partially outside
the mantle of coverage of their home country’s protection and have to rely on the
protection of the country where they are currently based. Even if they are not citizens of
that country, they are part of a labor force that runs and contributes to the economy of
that country. In many cases in the Middle East, Filipino workers are instrumental in the
building of cities and making homes comfortable. In countries such as the United Staes,
Filipino workers contribute to the health and well-being of the nation. Thus, it is important
that international laws be in place for this special class of people.

II. LAWS PROTECTING THE RIGHTS OF MIGRANT WORKERS.


 International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (Adopted by General Assembly
resolution 45/158 of 18 December 1990)

 Taking into account the principles embodied in the basic instruments


of the United Nations concerning human rights, in particular the
Universal Declaration of Human Rights, the International Covenant
on Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on

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The Rights of Migrant Workers Maria Khristianie I Rubias

the Elimination of All Forms of Discrimination against Women and


the Convention on the Rights of the Child,

 Taking into account also the principles and standards set forth in the
relevant instruments elaborated within the framework of the
International Labour Organisation, especially the Convention
concerning Migration for Employment (No. 97), the Convention
concerning Migrations in Abusive Conditions and the Promotion of
Equality of Opportunity and Treatment of Migrant Workers (No.143),
the Recommendation concerning Migration for Employment (No.
86), the Recommendation concerning Migrant Workers (No.151), the
Convention concerning Forced or Compulsory Labour (No. 29) and
the Convention concerning Abolition of Forced Labour (No. 105),
Reaffirming the importance of the principles contained in the
Convention against Discrimination in Education of the United Nations
Educational, Scientific and Cultural Organization,

 Recalling the Convention against Torture and Other Cruel, Inhuman


or Degrading Treatment or Punishment, the Declaration of the Fourth
United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, the Code of Conduct for Law Enforcement
Officials, and the Slavery Conventions,

 Recalling that one of the objectives of the International Labour


Organisation, as stated in its Constitution, is the protection of the
interests of workers when employed in countries other than their
own, and bearing in mind the expertise and experience of that
organization in matters related to migrant workers and members of
their families,

 Recognizing the importance of the work done in connection with


migrant workers and members of their families in various organs of
the United Nations, in particular in the Commission on Human Rights
and the Commission for Social Development, and in the Food and
Agriculture Organization of the United Nations, the United Nations
Educational, Scientific and Cultural Organization and the World
Health Organization, as well as in other international organizations,

 Recognizing also the progress made by certain States on a regional


or bilateral basis towards the protection of the rights of migrant
workers and members of their families, as well as the importance and
usefulness of bilateral and multilateral agreements in this field,

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The Rights of Migrant Workers Maria Khristianie I Rubias

 Realizing the importance and extent of the migration phenomenon,


which involves millions of people and affects a large number of
States in the international community,

 Aware of the impact of the flows of migrant workers on States and


people concerned, and desiring to establish norms which may
contribute to the harmonization of the attitudes of States through the
acceptance of basic principles concerning the treatment of migrant
workers and members of their families,

 Considering the situation of vulnerability in which migrant workers


and members of their families frequently-find themselves owing,
among other things, to their absence from their State of origin and to
the difficulties they may encounter arising from their presence in the
State of employment,

 Convinced that the rights of migrant workers and members of their


families have not been sufficiently recognized everywhere and
therefore require appropriate international protection.

The Philippine state has popularized the idea of Filipino migrants as the country's
'new national heroes', critically transforming notions of Filipino citizenship and citizenship
struggles. As 'new national heroes', migrant workers are extended particular kinds of
economic and welfare rights while they are abroad even as they are obligated to perform
particular kinds of duties to their home state. Thus as suggested, this trans nationalized
citizenship, and the obligations attached to it, becomes a mode by which the Philippine
state ultimately disciplines Filipino migrant labor as flexible labor. However, as citizenship
is extended to Filipinos beyond the borders of the Philippines, the globalization of
citizenship rights has enabled migrants to make various kinds of claims on the Philippine
state. Indeed, these new transnational political struggles have given rise not only to
migrants' demands for rights, but to alternative nationalisms and novel notions of
citizenship that challenge the Philippine state's role in the export and commodification of
migrant workers.

Submitted To:
ATTY. NIEL INVENTADO

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The Rights of Migrant Workers Maria Khristianie I Rubias

Professor

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