WORKSHEET D: CULTURAL DIVERSITY

By: Fairlean T. Bajarias BSPT-2A OFWs in conflict with foreign laws

DIRECT FROM THE MIDDLE EAST By Atty. Josephus B. Jimenez | Updated August 1, 2009 - 12:00am

KUWAIT Aside from OFWs who were charged with, and convicted of, murder here in the Middle East, there are hundreds, if not thousands who come in conflict with the laws of the host country. The first and perhaps, the most rampant is related to immigration laws, including lack of work visa, wrongful use of visa, expired visa and canceled visa. The second is employment-related like running away from employers, breach of contract and submitting fake clearances, diplomas and medical certificates. The third is called Love Cases, Filipinos caught entering the house of the opposite sex, public display of affection, becoming pregnant without marriage, etc. The fourth is fraud and malicious evasion from debts. The fifth type includes illegal possession and use of wine, drugs and weapons. All agencies and institutions that provide PDOS (Pre-departure Orientation Seminars) are duty-bound to inform and forewarn outgoing OFWs of the laws and culture of their respective destination countries, most especially the strict rules governing behavior of foreign workers here in the Arab world. Ignorance of the law does not excuse anyone. All the Filipinos planning to come to the Middle East have to conduct a long, intensive and extensive study of and inquiry into, the legal systems here. Immigration and employment offenses DOLE, POEA, OWWA officials and personnel, along with agency owners, managers and staff must undergo a workshop on immigration and labor laws and regulation both of the Philippines, as a labor-sending country and of the Arab World as the labor-receiving countries. OFWs must be amply armed with correct and enough information. These officials and agency owners must update constantly the curricula of the PDOS. For they are legally and morally responsible for the highly deleterious consequences of the OFWs lack of sufficient knowledge of the host countries laws and legal system. As of today, there are many OFWs who are languishing in jails and detention centers because they were sent to their destination without work visa, or with fake documents. The agencies are liable for these serious offenses. There are cases however with genuine but expired visas. This makes the OFWs become undocumented and as such, they become more vulnerable to exploitation. These employers should be the ones jailed and blacklisted so that they should be disqualified from employing OFWs. Those who run away without valid cause can be charged with absconding, punishable by imprisonment here. These are important information that all OFWs should know beforehand. Love is a crime for the unmarried In the Arab world, the Islamic authorities are very strict with their standards of morality. Holding hands, kissing, petting or any public display of affection in parks, malls and buildings are taboo. Any couple caught together can be arrested and required to produce marriage contract aside from passports and visa. There have been many housemaids caught admitting their boyfriends to the dwelling of their employers. They were charged, convicted, jailed and deported. These offenses are commonly called, Love Cases. More so, for those who get pregnant without benefit of marriage. From the delivery room, they would be brought straight to jail and then to the deportation centers. If the fathers of these illegitimate babes are Arabs, the mothers could not bring the children to the Philippines. Such cruel separation is heartbreaking.

Fraud and felony Unknown to many spouses and parents of OFWs, there are many Filipino migrant workers who come in conflict with the laws of the host country, related to money and financial transactions. Many of the mess they find themselves in are due to undue pressure from family. Some OFWs borrow too much money even if they dont have the capacity to pay for these loans. Thus, when collectors fail to obtain payment, they file charges of fraud. The Pinoy always delude themselves into believing that no person can be imprisoned for non-payment of debts. This rule does not apply here. The worst kind of felony is related to drugs, wines and weapons. There are also conflicts involving fights and quarrels among Filipinos or between Filipinos and other foreign workers or native nationals. There are cases of defamations, vexations, malicious mischief, theft, robbery, kidnapping and physical injury. The OFWs did not come here commit a crime. But circumstances have put them in situations where they might have been compelled to come in conflict with the law. It is not for us to judge them. It is for us to help them and pray for their well-being. ***

Reaction: There are a lot of cultural conflicts OFWs experiences. One of it is a conflict with laws of the country there are in. Some of the OFWs are having a difficult time following them. Every country has different set of rules and some OFWs may break some of it because they are not used to these rules. I think being discipline, knowledgeable and sensitive is the key for an OFW to be able to last in a foreign country. Discipline yourself so that you can avoid conflicts. Be knowledgeable enough so that you will understand well their culture. Lastly, be sensitive because you are in their country. You dont want them to misunderstand you.