An Analysis of the Migrant Workers and Overseas Filipinos Act of 1995

Abstract

International migration is a major societal reality of our time. According to the most recent estimate of the United Nations Population Division, some 175 million people live outside their country of birth. Among them are immigrants who have resettled in receiving countries, refugees who have been accepted in a country where living conditions are safer or who are temporarily hosted in camps, and migrant workers who are temporarily abroad to earn a living. For many of them, migration has provided opportunities and the possibility to look at the future with more confidence. For many others, however, migration is a harsh reality, entailing difficult working and living conditions, inhumane treatment, abuse and violence. For countless victims of traffickers or illegal recruiters, it is a jump into the unknown. It is in this context that the researcher wanted to closely examine the policy analysis of the Migrant Workers and Overseas Filipinos Act of 1995, otherwise known as RA 8042, and its implications to various stakeholders. Applying Dunn’s (1981) policy system as a framework of analysis, this study looked into the over-all institutional patterns within which policies are made — the interrelationships among the public policy (RA 8042), the policy environment (migration and overseas employment), and the policy stakeholders (government, recruiters, NGOs, and the migrant workers). Using both empirical and evaluative approaches, this study made a descriptive analysis of RA 8042 and assessed its worth to the policy stakeholders, particularly the migrant workers. The results of this study could be utilized to make policy recommendations to resolve problems related to labor migration. With current moves in Congress to amend RA 8042, this study may be useful in formulating legislation that would truly address the rights and welfare issues of migrant workers, their organizing and empowerment needs, as well as the human resource development needs of the country. This study also poses a challenge to the labor movements, practitioners and academics in the field of Political Science.