The MAGCAISA drive for a Magna Carta for IS workers

Through the years, the advocacy to enact a Magna Carta for informal sector workers has gained ground and strength. PATAMABA’s Josephine Parilla says “Broad based policy advocacy for a rights-based legislation for informal workers . . . took a significant leap with the formation of MAGCAISA [Magna Carta for the Informal Sector Alliance] in October 2OO7.”

Parilla describes MAGCAISA as “a loose coalition of people’s organizations [POs], nongovernment organizations and academe-based institutions with a long record of involvement in informal worker issues.

The driving forces of the coalition include Homenet Philippines, which has 23 groups dealing mostly with homebased workers working together under its banner; the Association of Construction and Informal Workers [ACIW] and the National Union of Building and Construction Workers [NUBCW]; ASAPHIL, which includes tricycle and other small transport operators; National Rural Women’s Congress [PKKK] and ALMANA, which focus on farmers and fisherfolk.”

Parilla says supporting institutions include the Workers in the Informal Sector Council (WISC) of the National Anti-Poverty Commission (NAPC), the Center for Labor Justice of the University of the Philippines (UP) School of Labor and Industrial Relations (SOLAIR) as well as the Department of Women and Development Studies of the UP College of Social Work and Community Development.

She recalls to readers that in the 13th Congress “identical bills towards a Magna Carta for Workers in the Informal Sector [MACWIE] were filed by Reps. Juan Angara and Roseller Barinaga.

“These bills became the subject of study sessions by Homenet Philippines and the latter’s comments were formally presented in a forum and submitted to the two sponsors in mid-2OO6. However, these comments were not integrated by the sponsors. Homenet then resolved to put its comments and other improvements in the form of a bill to be presented to possible authors in the 14th Congress.”

“The need for a Magna Carta was discussed again in July 2007 during the UPSOLAIR Conference on the Informal Sector co-sponsored by Homenet Southeast Asia and ACIW, among others, Reps. Del de Guzman, Risa Hontiveros Baraquel and Erin Tañada , who were present, signified their support for the broad concept of a Magna Carta for Informal Workers.

“When the 14th Congress was convened in July 2OO7, the Angara version was refiled. Soon after, the Senate version of the Angara bill was filed by Senator Zubiri. Homenet, ACIW and other groups held several meetings [hosted by DSWP] to develop a bill with inputs from informal workers groups and with the benefit of prior discussions during the UP SOLAIR conference as well as comments from the Department of Labor and Employment [DOLE] gathered and presented by some National Anti-Poverty Commission [NAPC].

“Workers in the Informal Sector Council [NAPC WISC] organizations were also actively involved in the meetings. Homenet then was actively looking for an author to file the bill it developed to make sure that inputs from informal workers groups got included. Rep. Dan Fernandez consented to author the bill in a dialogue with informal workers organizations sponsored by DSWP and Homenet in July 2OO7.

“Rep. Fernandez officially filed House Bill 1955 toward a Magna Carta for Workers in the Informal Economy early in August 2OO7. This was followed by a press conference on 14 August where the author explained the bill’s merits to members of media. This was hosted by DSWP with the support of representatives of Homenet and other informal workers organizations [KAKASAHA, PATAMABA, ACIW, NUBCW, ASAPHIL, etc.] who explained the basis of their support for the bill.

“Since then, Rep. Fernandez has been interviewed several times by the media on H.B. 1955. And a primer in Filipino to popularize the contents of the bill has been developed by Homenet and its allies.”

“The campaign for H.B. 1955 had a big boost in October 2OO7 when it was presented in a forum sponsored by the Asian Labor Network for International Financial Institutions (ALNI) and the National Anti﷓Poverty Commission. Workers in the Informal Sector Council (NAPC WISC). During this forum, representatives from the Department of Labor and Employment (DOLE), Department of Interior and Local Government (DILG) and the Department of Trade and Industry (DTI) made generally favorable comments and some constructive recommendations. On December 13, a representative of Homenet Philippines discussed the proposed Magna Carta with major trade union leaders during the Labor Agenda Forum sponsored by the FES, Friedrich Ebert Stiftung, and appealed for trade union support in the spirit of unity of all workers, formal and informal.

“Soon after the October ALNI-NAPCWISC forum, MAGCAISA was born and in its November 2OO7 meeting, its members approved a comprehensive campaign framework and plan systematized and developed by the DSWP for the Alliance, based on previous discussions on campaign strategies of MAGCAISA founding members. Part of this plan was the conduct of an advocacy skills training for MAGCAISA leaders held in January 2OO8 [through the initiative of DSWP], and the crafting of a policy paper establishing the legal basis of the Magna Carta on firmer ground. The members also did some brainstorming on next activities and decided to approach FES Manila for possible support.

“Since Homeworkers and Informal Workers Days are celebrated during the first week of May, MAGCAISA members thought that a joint celebration highlighting the Magna Carta campaign could be conducted, with subsectoral representation from various groups working with homebased workers, vendors, small transport operators, non-corporate construction workers, barangay health workers, waste pickers and working youth. FES Manila approved the project supporting the joint celebration, including the production of a participatory video highlighting various subsectoral issues and the need for a Magna Carta for Workers in the Informal Economy.

State policies

Parilla lists the state policies under H.B. 1955:

• Promotion of the total well-being of all workers in the informal economy
• Ensuring their human dignity, economic advancement and access to justice by providing timely services including social, political, economic and legal
• Recognition of the roles and contributions of workers in the informal economy and making them visible in the national and local statistics
• Development and enhancement of their entrepreneurial skills and capabilities so that they can become more productive and self-reliant citizens thereby ensuring participation in mainstream economic activities;
• Promotion of gender equity and equality and the protection of women workers in the informal economy against gender-based discrimination, exploitation and abuse; advancement of women’s social, economic, political, and reproductive rights; and improvement of their access to social protection and participation in decision-making bodies
• Protection of vulnerable groups in the informal sector such as: children, differently-abled persons, and those from ethnic communities from discrimination, exploitation, abuse and harassment as well as from performing work hazardous to their occupational, physical, mental, emotional, reproductive and spiritual health; and
• Progressive elimination of child labor in the informal sector through the creation of more quality jobs for adults, effective enforcement of laws against child labor, elimination of gender-based discrimination against girl child workers; improved access to universal education and social protection, and elimination of cultural factors that tolerate, even accept child labor.”

Substantive achievements have been made since May 2008 toward representation and advocacy.

Among these are series of activities that have contributed to raising awareness among policy makers and other stakeholders to further strengthened the lobbying force for MACWIE and for social protection covering workers in the informal economy. In the Senate Senator Miriam Defensor Santiagohas filed a counterpart to H.B. 1955.

While progress has been made in all levels of advocacy activities during the past year, further initiatives have been done in 2009 by MAGCAISA for the approval and enactment of the Magna Carta covering cross-sectoral themes affecting all subsectors of the informal economy. Follow up activities need to be done to coordinate and expedite action from legislators regarding enactment of the Magna Carta. –Manila Times