THE Philippines called Kuwait’s failure to protect Filipino workers a breach of the latter’s international obligations which amount to an outrage, bad faith or willful neglect of duty.
“I’d like to remind Kuwait authorities of the standards by which aliens should be treated in their territory. And under international law, each country is bound to give to the nationals of another country in its territory the benefit of the same laws, the same administration, the same protection and the same redress for injury which gives its own citizens neither more or less provided the protection which the country gives to its own citizens conforms to the established standard of civilization,” Presidential Spokesman Harry Roque said in a press briefing Thursday.
He said the basis for state liability when it fails to protect aliens in its territory was that they would be recognized in international standards as an insufficient government in protecting foreign migrants.
However, Roque declined to react on the condemnation by the Iraqi Foreign Minister, saying the secretary of Foreign Affairs was the right agency to react on such matter.
“We can only hope that pursuant to established international standards, the Kuwaiti government will accord the victims the same rights enjoyed by its nationals. Meaning, they will conduct an investigation, a speedy and honest investigation, they will prosecute and punish the perpetrators,” Roque added.
In related developments:
• The remains of domestic helper Joanna Daniela Demafelis, murdered and her body stuffed in a freezer in an abandoned apartment in Kuwait, will arrive today at the Ninoy Aquino International Airport.
In its advisory sent to members of the media Thursday, the Manila International Airport Authority-Media Affairs Division said Demafelis’ remains would be carried from Kuwait to Manila via Gulf Air flight GF 154 and scheduled to arrive at Naia Terminal 1 around 10 a.m.
Demafelis’ death triggered the Philippine government to declare the total ban on the deployment of overseas Filipino workers to Kuwait.
The decision, as instructed by President Rodrigo Duterte, was made official by Department of Labor and Employment Secretary Silvestre Bello III during a press conference last Monday.
Late last month, the agency suspended the deployment to Kuwait on the heels of reports that seven Filipino workers there died for alleged maltreatment.
• In the Senate, Senate Minority Leader Franklin Drilon believes the total ban on the deployment of OFWs in Kuwait was a remedy necessary due to the abuses committed on migrant Filipino workers.
But the longer-term objective, he said, should be to come up with a labor agreement between Kuwait and the Philippines to define strictly the status and the protection to our workers.
“I support the ban but there are consequences that we must be prepared to handle particulalry in the area of trade,” said Drilon.
“I do not know what the trade relationship is, the details of the trade relationship between the two countries but certainly from my experience before, these accepting countries would resort to all kinds of pressure on the Philippines,” said Drilon.
He said “we should be able to stand whatever pressure Kuwait will put on us in terms of trade relationship.”
Roque is confident the diplomatic and trade relations between the two countries would not be affected.
“I’d like to think that the long-term Filipino-Kuwaiti relations will not be affected. However, this consultation between the Secretary of Foreign Affairs and the Kuwaiti Ambassador, as we all know, is a very important consultation,” he said.
“I will not speculate but the President’s primary objective is to protect the OFWs,” he said.
He said it would be premature for the government to mull any legal actions against Kuwait considering current talks with Kuwait officials.
“Whether or not we will actually resort to any action, anything is premature,” Roque said.
Meanwhile, Roque assured the government’s commitment to provide assistance to the family of Demafelis.
stored in a freezer.
Reports showed that Demafelis was allegedly abused by her employers, reportedly a Lebanese and a Syrian.
The Philippine Overseas Employment Administration stated that Kuwait was included in the top 10 destinations for OFWs, with 86,019 working there in 2015.
In 2016 around 105,000 OFWs were deployed to Kuwait.
Drilon said there must be a definition of the ban—would it cover only domestic workers or would it cover other skills, otherwise, he said, there could be a confusion of coverage.
“Two, does it cover only future deployment or does it cover those who are presently there because they also have contracts?” asked Drilon.
He said these are areas which must be defined clearly. otherwise there can be confusion in the implementation. With Joel Zurbano and Macon Ramos-Araneta
