It was not just asked once. It was separately tackled both in the Budget Hearings of the House of Representatives and the Senate. Senator Richard Gordon was in fact most straightforward in his inquiry — how is the Department of Foreign Affairs (DFA) dealing with (and fighting against) Khafala?

I speak from the heart when it comes to Khafala. Its abolition has become my lifetime dream from the moment the passion in protecting the rights of migrant workers sparked and blossomed in my heart decades past. Unfortunately, Khafala lingers and still looms large in the Middle East. And, perhaps akin to the COVID-19 scourge, we need to be resilient and continuously evolve ways and means to fight on.

In my previous article, I wrote about “Khafala as the traditional sponsorship system existing in Arab countries in the Middle East where the sponsor (khafeel) has absolute control over his or her migrant worker.” I lamented at how, under the Khafala system, the migrant worker is substantially deprived of mobility and is rendered completely dependent on his or her employer in, but not limited to, the following: return to his or home country; transfer to another employer; and access to better working/living conditions. Furthermore, and as officially reported and recorded in multiple occasions, Khafala often leads to abuse largely because of the unfortunate denomination whenever the migrant worker is regarded as mere property of the employer – a lesser individual by all rights and respect.

International bodies and major advocacy groups have labeled Khafala both as slavery and a violation of human rights. In this regard and in the community of States, the Philippines is the only “country of origin” that openly criticizes Khafala in the halls of the United Nations, in migration conferences, and in every opportunity that the subject may be brought out. Prior to the administration President Rodrigo Roa Duterte, no country of origin has ever mentioned Khafala in the United Nations for fear of offending the “countries of destination” in the Middle East. On what is now a momentous date for our country and migrant rights advocacy, President Duterte in February 2018 during a press conference in Davao City uttered the words that precipitated the strongest anti-Khafala campaign of any country of origin. “The Filipino is no slave to anyone, anywhere, and everywhere”. Those were the President’s words at that time the Philippines mourned the death of Joanna Demafelis, a Filipina household worker whose murdered body was found inside a freezer in Kuwait — a victim of abuse at the hands of her own employers (her khafeel). It is the same battle cry that echoes anew as we seek justice for the brutal murder of Jeanelyn Villavende in December 2019 in the hands of her sponsors.

The year 2018 was also the year for the negotiations of the Global Compact for a Safe, Orderly and Regular Migration (GCM). In the GCM, the Philippines led the charge to ensure that labor mobility and anti-Khafala provisions would be included in its final text. The GCM was eventually adopted by more than 150 States in December 2018. While the GCM is not a treaty and is not legally binding, it is considered a morality document for States that adopted it. It is the minimum standards that should be followed on how to treat migrants, as agreed upon by the signatories. Moving forward, the Philippines continues to engage countries of destination as to how to improve the situation of our OFWs in their countries. While the governments of the countries of destination are willing to institute reforms, many of their own businesses and citizens continue to resist Khafala reforms since it has been well-entrenched in their culture and it will entail additional business costs. Yet, States recognize that reforms have to be made to be able to attract and keep good employees; and to respond to the international clamor for labor reform.

The migrant sector is one of the worst hit in the COVID-19 pandemic. To date, the DFA has facilitated that repatriation of close to 214,000 OFWs. Based on the figures that President Duterte mentioned in his Statement before the UN, there are an estimated 345,000 OFWs who need to return home by the end of 2020. The DFA is set to bring home the remaining 131,000 by the end of the year. The DFA could have brought home by this time all the 345,000 if only: there were enough resources; there are no passenger arrival limits imposed by the IATF; and most importantly, there are no exit visas required in the countries of destination. The resources and passenger arrival limits can be remedied and controlled by our government. However, the need to acquire exit visas is beyond our control and solely at the hands of the authorities of countries of destinations. Exit visas are required in most countries in the Middle East, except for the Kingdom of Bahrain and Qatar. An exit visa is very much connected to Khafala since an exit visa controls the labor mobility of the migrant. Perhaps, one of the reforms that can be made in the Middle East is the abolition of the exit visa requirement or the introduction of a more migrant-friendly alternative system or procedure. This will be a giant leap towards change and will definitely enhance labor mobility.

Crisis management is often said to be an art. To us at the forefront of the country’s migration team particularly those rendering Assistance to Nationals (ATN), we can say that we have already been navigating and traversing one crisis upon another. From wars to calamities and to mass amnesties. Even the day to day stories of abuse of our migrant workers have already honed our Foreign Service Officers and personnel to serve under pressure. Prior to the COVID-19 pandemic, migrant worker-related crisis situations were responded to by the DFA on a “per country or by region” approach. Today, the pandemic simply and instantly changed our approach to “worldwide”. From the deserts in Saudi Arabia where oil workers toil the sands to the high seas of the Americas where stranded seafarers await rescue; from our factory workers in industries in Malaysia to the construction sites in Uzbekistan where we brought home for the first time our laborers en masse; from the offshore rigs in Libya to the national health service in the United Kingdom where Filipino medical professionals serve over and beyond their call of duties in the face of the COVID-19 threat — overseas Filipinos are there and as emphasized by the scale and effect of the pandemic, can be in distress whether their work and living conditions were previously good or bad. This time, the COVID-19 pandemic came barging in unannounced and has caught each and every one of us unaware.

COVID-19 has taught us in the DFA that more than the fear of getting infected, the bigger fear is not being able to help. Rather than the fear of losing one’s life in the frontline, the greater fear is losing the life of an OFW who has been infected with the virus. Finally, instead of fearing for one’s personal safety, the more paramount concern is the health and safety of the collective frontline team. Just like any frontline service, many of our colleagues in the foreign service posts have been infected. Those of us in the Home Office have also not been spared from the contagion. Yet, we plod on. We continue to fight since the responsibility to protect remains. In any crisis situation, there is a need for the brave, the dauntless, and the patriotic. COVID-19 and Khafala may be the 21st century’s perfect storm but we remain firm and steadfast — we will bring our people home. No matter how difficult, challenging, or dangerous things can get from this day forth. A wise man once said, “Patriotism is not short, frenzied outbursts of emotion, but the tranquil and steady dedication of a lifetime.”

We are DFA. And our brand is crisis.