DoJ okays creation of yet another OFW agency

Justice Secretary Leila de Lima has endorsed to Malacañang the creation of Consultative Council on Overseas Filipinos (CCOF) for the protection and promotion of overseas Filipino workers (OFWs)’s rights.

One OFW, Rodelio Celestino Lanuza, is scheduled to be executed soon in the Kingdom of Saudi Arabia having been sentenced to death by beheading for killing a Saudi Arabian. Lanuza, married and the father of two, has been languishing at the Damman Central Jail since Aug. 15, 2000 for the killing, which he claimed was committed in self-defense.

In her legal opinion no. 32, De Lima interposed no legal objection as to the proposed executive order (EO) “establishing the Consultative Council on Overseas Filipinos headed by the Department of Labor and Employment (DoLE).” She endorsed the EO for approval of President Aquino.

The proposed CCOF shall, among others, serve a regular consultative forum on all issues and concerns affecting overseas Filipinos and will also assist concerned agencies in the formulation, implementation and evaluation of policies, programs and services affecting overseas Filipinos.

Another task of the CCOF is to mobilize participation of the private sector on matters relevant to the protection and promotion of the rights, well being and interest of overseas Filipinos, and organize working groups to coordinate and supervise matters relative to the achievement of its mandate and objectives.

As proposed, the CCOF shall be chaired by the DoLE and initially co-chaired for the first three years by the Philippine Migrants Rights Watch (PMRW), that thereafter, the co-chair position will be on rotation basis among the CCOF Civil Society Organization (CSO) members and that the Philippine Overseas Employment Administration (POEA) shall serve as secretariat.

De Lima said the EO is consistent with the Constitution that states that the state shall afford full protection to labor, local and overseas, organized and unorganized and promote full employment and equality of employment opportunities for all.

At the same time, the EO is also consistent with the Republic Act 8042 (Migrant Workers and Overseas Filipinos Act of 1995) Section 2 (f) that states the right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-making processes of the state and to be represented in institutions relevant to overseas employment is recognized and guaranteed.

De Lima, meanwhile, commented that the proposed EO clearly stated that the DoLE shall be the overall chair of the council.

However, De Lima said the EO is not clear on the issue of the “co-chairs.” It stated that the council shall initially (be) co-chaired for the first three years by the PMRW. Thereafter, the co-chair position will be on rotation basis among CCOF CSO members.

The EO, according to De Lima, did not specifically state that the order of rotation among the members, which leaves for an interpretation of its provisions and thus, may create possible conflict and confusion among and between CSO members in the future. –Benjamin B. Pulta, Daily Tribune