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Friday, March 29, 2024

Deployment ban stays pending PH-Kuwait deal

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THE ban on the deployment of Filipino workers to Kuwait will remain despite the death sentence handed down by a Kuwaiti court to the Lebanese employers convicted of murdering Filipino domestic Joanna Demafelis, a Malacañang official said Monday. 

Senior Deputy Executive Secretary Menardo Guevarra said the President was happy with the decision of the Kuwaiti court, since this would give justice to Demafelis, whose body was discovered in a freezer in Kuwait.

But the Palace official said the ban on deployment of Filipinos to Kuwait would remain until both countries sign a new memorandum of understanding that would provide better protection for Filipinos working in Kuwait.

Labor Secretary Silvestre Bello III, meanwhile, said the death sentence on the principal suspects in Demafelis’ murder indicates the sincerity and good faith of the Kuwaiti government in giving justice to the slain Filipina.

Bello said he is not ready to recommend to the President the lifting of the total ban on the deployment of workers to the Gulf state, however.

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“We appreciate the efforts of the Kuwaiti government in bringing justice to the family of Joana Demafelis and it is a clear manifestation of their sincerity in complying with the conditions set by the President,” Bello said.

He said the final draft of the proposed agreement and his recommendations on the protection of Filipino workers had already been sent to the President for his approval ahed of the formal signing of the memorandum of agreement with Kuwait.

“We already have a final draft of the agreement and I sent my recommendations to the President for his approval. The moment the President approves it, then it will be ready for signing. The President has the last and the final call on this agreement,” Bello said.

Among the major provisions of the agreement is the prohibition on the surrender of Filipino passports to Kuwaiti employers, the binding effect of a common employment contract, the guaranteed payment of minimum monthly net pay of $400 paid through the bank, and the non-confiscation of mobile phones and other communication gadgets.

Bello said agreements with other Middle East countries with a large population of Filipino workers are also undergoing review.

A party-list lawmaker on Monday sought the creation of a joint task force that will monitor the progress of the case involving the foreign employers of Demafelis.

Rep. Aniceto Bertiz of ACTS OFW party-list said the joint task force by Department of Foreign Affairs and the Department of Justice is necessary in light of the fact that  the case involves three countries.

“Based on news reports, it appears that Syrian authorities handed the husband, Nader Essam Assaf to Lebanese authorities while keeping his Syrian wife under detention, and the sentencing to death in absentia took place in Kuwait,” Bertiz said.

“The creation of the task force signals the commitment of the Philippine government to obtain justice for Joanna at all costs by monitoring and following up on the different aspects of the case in all three locations,” he added.

Bertiz said the role of the DoJ is crucial because the owner of the murdered OFW’s recruitment agency has yet to surface.

“We are calling on the owner of Our Lady of Mount Carmel Global Solutions to surrender himself and disclose the manner by which Joanna had been recruited,” Bertiz added.

Foreign Affairs Secretary Alan Peter Cayetano said the government appreciated the swift action by the Kuwaitis.

“This is a very important development in our quest for justice for Joanna. We continue to look forward to the cooperation of our friends not only in Kuwait but also in Lebanon and Syria in our efforts to bring this case to a close,” he added.

Cayetano said Kuwaiti authorities informed Foreign Affairs Undersecretary for Migrant Workers Affairs Sarah Lou Arriola of the court decision during a meeting in Kuwait on Sunday, but did not provide additional details.

But the Philippine Embassy was able to obtain a copy of the court order.

A court in Kuwait said principal suspect Lebanese Nader Essam Assaf and his Syrian wife Mouna Hassoun were tried in absentia on Sunday and sentenced to death for killing Demafelis.

The couple fled Kuwait immediately after the murder last year but were identified after Demafelis’s body was discovered by authorities inside their abandoned apartment last month. Both were later reported arrested in Lebanon and Syria respectively.

With Maricel V. Cruz, Rey E. Requejo and Macon Ramos-Araneta

Ambassador to Kuwait Renato Villa said Kuwaiti authorities have requested the extradition of Assaf but it is possible that Lebanese authorities may decide not to turn him over and will try the case in Beirut instead.

Foreign Affairs Undersecretary Sarah Lou Arriola said the Department of Foreign Affairs will provide lawyers to assist in the case should Lebanese authorities decide to hold the trial in Beirut.

She said the Philippine Embassy in Beirut is scheduled to meet with Lebanese authorities handling the case on Tuesday to see how they would want to proceed.

Senate President Aquilino  Pimentel III on Monday welcomed news of a Kuwaiti court’s conviction of the couple responsible for Demafelis’ death.

“We’re thankful that justice has been served for Joanna. Our task now is to ensure that such incidents never happen again. We need further high level talks and consultations with our countrymen’s host states in the Middle East to ensure that diplomatic, administrative and legal mechanisms are in place for OFW protection,” Pimentel said.

Senator Grace Poe expressed hope that the memorandum of understanding between the Philippines and Kuwait for the greater protection of overseas Filipino workers will be signed, and that similar agreements would be forged with other countries. With Maricel V. Cruz, Rey E. Requejo and Macon Ramos-Araneta

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