Samahan laban sa Katiwalian ng mga Recruitment Agencies at
Patakarang MC-04 (SKRAP-MC04)
A broad coalition of Filipino migrant workers' organizations, alliances, federations, union and faith-based associations in Hong Kong fighting against irregularities of unscrupulous recruitment agencies and the POEA Memorandum Circular No.4)

Press Release
11 February 2008

For reference:  Dolores Balladares
                         Co- convenor
                       Tel. No.: 97472986

HK OFW rally hits exemption, Scrap MC-04 call still on
Scores "lies and misdirection" of DoLE and POEA on recruitment

"There will be no letup in our fight until MC-04 is totally scrapped."

This was declared by Dolores Balladares, co-convenor of the Samahan laban sa Katiwalin ng Recruitment Agencies at Patakarang MC-04 (Society against Illegal Practices of Recruitment Agencies and the MC-04 Policy) or SKRAP MC-04 in a protest action yesterday against the new POEA policy on direct hiring and to demand solution to problems with illegal recruitment practices.

"The unjustness and burden that the MC-04 will bring to Filipino migrant workers cannot be covered by reform or exemption. At the end of it, our livelihood will always be in the danger for as long as the policy is in place," she said to a crowd of about 1,000 OFWs.

POEA announced recently that it is considering an exemption on the guidelines policies for OFWs in Hong Kong, Italy and Canada. This plan, however, was met by Hong Kong OFWs with contempt.

"DoLE and the POEA can think again if they believe that we will be appeased. There can be no way that we will let the policy hang over our heads or let it be implemented to our fellow OFWs who experience the same abuses from unscrupulous agencies," she stressed.

Balladares relayed that their experience with exemptions has shown that such moves serve merely as "a delaying tactic of the government, a deception to downplay the real intent of their rule, a temporary move to placate protests, and a divisive action against OFW unity."

"They exempted us from POEA MC-41 in 2001 and now we are again haunted by it through the new guidelines. Last year, they also exempted existing OFWs from the training requirement for hiring because thousands protested. For sure, they will not hesitate to remove this exemption once we let our guards down," she warned.

Aside from criticizing the exemption scheme, the group also lambasted the "lies and misdirection" of the DoLE and the POEA in their recent Q and A bulletin on MC-04 released on their website and to the press.

"What the bulletin has merely shown is that the POEA and the DoLE have miserably failed to address the problems that OFWs face with recruitment agencies. In their effort to justify the MC-04, they have revealed their ineptitude in solving the real issues that we have been telling them," she said.

In particular, Balladares identified POEA's claim that OFWs hired through agencies are covered by an undertaking of agencies and employers to protect OFWs through proper implementation of the employment contract.

"In reality, however, recruiters never stand up to protect OFWs. In fact, it is their overcharging and other recruitment practices that are abusive or make us vulnerable to further abuses," she added.

According to the said Q and A bulletin also, majority of OFWs deployed in 2007 went through recruitment agencies and only a mere 2.6 percent of landbased OFWs go through direct hiring.

"As what figures of NGOs in Hong Kong have shown, majority of their cases of OFWs with employment problems were processed through recruitment agencies. If this is the case, the POEA and DoLE should instead run after recruiters who do not assume their responsibilities instead of banning direct hiring that is our way out of overcharging," Balladares remarked.

Balladares said that the government's record in addressing the problems of OFWs related to recruitment agencies is dismal. She also scored government practices that perpetuate overcharging which they believe will be worsened by MC-04.

"Here in HK, whenever a case of overcharging comes up, the Consulate's automatic method is their so-called hands-on conciliation. At the end of this process, however, OFWs only get a pittance as compared to the overcharged amount. Moreover, recruitment agencies are freed from other legal actions and thus can exploit more workers," she explained.

Aside from this, SKRAP MC-04 also lambasted the DoLE's constant announcement and reiterated in their bulletin that they are merely following the law.

"The government has allowed direct hiring for years which, in their own logic now, violates the law. But now that the government stands to gain more from banning direct hiring, they are the first to raise the law as basis. Isn't this duplicity and double standard?" Balladares said.

SKRAP MC-04 said that their protest was just the first of a series of actions they are planning. They said that they will coordinate with OFWs in other countries, inform their families on the issue and write to the Philippine Senate and House of Representatives to intensify the opposition to the guidelines.

"The government should address the real problems of OFWs. Do not make our situation worse and hypocritically claim that it's for our protection," she concluded.#