We are greatly concerned at the conditions of 15 complaining palm oil over seas Philippine workers (OFWs) in Sabah province who were prevented by their employer on June 17 from getting any food supplies from the company owned store. At the same time we are disturbed by the Philippine Embassys contention that this cannot be a labor case because the OFWs did not pass through the Philippine Overseas Employment Administration (POEA) and that the only recourse left for them is that they be repatriated and deported back home.
The Asia Pacific Mission for Migrant Workers (APMM) first wrote the Philippine Embassy on April 29 requesting that the latter assist the workers on their labor case. These initially include delayed and incomplete payment of wages; deduction of wages for their visa fees; too much work; and the passport was held by the employer.
Subsequent communications with the workers and a visit to them in Sabah by a Fact Finding Mission team of NGOs led by APMM and Tenaganita on June 14 revealed that their conditions are far worse. Essentially they are in debt bondage as they are paid between RM100 RM500 a month but are deducted RM125 a month for a levy and work permit and another RM200 plus for food and other supplies in a store owned by the company. An additional RM200 was deducted from each of them for their working tools. Their conditions are similar to the exploitative conditions of Sacadas in Negros.
The FFM team was able to get documents from the OFWs on their exploitative conditions in See Hoy Chan Plantations in Jalan Jeroco, Sabah. In May, one group of 6 workers were paid by the company RM2587 but were deducted RM1744 for their food and other supplies from a company owned store. What was left was an average of RM140.5 (P1931) each. Their take home pay should have been an additional RM49 each but these were deducted as well from their wages.
Under Malaysian regulations, employers are allowed to deduct 50% of the levy from their foreign employees Most of the workers except for one named Butch Pastolero have no work permits yet even these are being deducted from them.
The workers have decided not to work on June 17 when the company told them that they cannot get any food and other supplies from the store inside the plantation. The Philippine Embassy should rescue them and assist them to be properly compensated for their work; get a refund of the payment they made for the levy which was pegged by the employer at RM1800 instead of RM600 and for other illegal deductions; repatriated back home free of charge; and assist the workers in filing a case against the employer for bonded labor. The Embassy should also go after the illegal recruiters who recruited the workers in the Philippines and charged accordingly.
Other than these, the employer should be investigated for practicing bonded labor. Such kind of practice which is akin to slavery is prohibited under international law.
The OFWs have been in the company from December 2008 and March 2009. They are Joenel Caro, Roland Casis, Nelio Casquejo, Ruben Cortel, Moisis Cortel, Michael Duran, John Mark Libuna, Vicente Libuna, Rene Lim, Ariel Lorena, Ian Rey Lorena, Butch Pastolero, Quizy Pastolero, Romeo Pedregosa.
Those who were in the Fact Finding Mission were the Asian Human Rights Commission, Rep. Luz Ilagan of Gabriela Womens Party; Tenaganita; Migrante International; APMM; Legal Aid Institute of Yogjakarta Indonesia; ENGENDER; Osan Migrants Center; and the Asian Students Association (ASA).
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984. The above statement has only been forwarded by the AHRC
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