In the New UN Report (Debt Bondage, 2016), it was disclosed that people in debt
bondage end up working for no wages or wages below the minimum in order to repay the
debts contracted or advances received, even though the value of the work they carry out
exceeds the amount of their debts. Furthermore, bonded labourers are often subjected to
different forms of abuse, including long working hours, physical abuse, and other forms of
violence.
Under such conditions, overseas workers end up in a trap trying to pay off the debt
which could never be repaid.
To address the problem of debt bondage, the Philippine Legislature enacted into law
R. A. 10022 to amend, among others, Section 6 of R. A. 8042 in order to prohibit acts that
may lead to debt bondage as follows:
“xxx
xxx
xxx
"In addition to the acts enumerated above, it shall also be unlawful for
any person or entity to commit the following prohibited acts:
"(1)
Grant a loan to an overseas Filipino worker with interest exceeding
eight percent (8%) per annum, which will be used for payment of legal
and allowable placement fees and make the migrant worker issue,
either personally or through a guarantor or accommodation party, postdated checks in relation to the said loan;
"(2)
Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to avail of a loan only from specifically
designated institutions, entities or persons;
"(3)
Refuse to condone or renegotiate a loan incurred by an overseas
Filipino worker after the latter's employment contract has been
prematurely terminated through no fault of his or her own.
“xxx
xxx
xxx”.59
Despite the foregoing amendment, the problem of overseas workers succumbing to
the inducement by recruitment agencies who have no qualms about maintaining the
aforementioned unscrupulous and now explicitly illegal tacts remains unabated, leaving our
workers still vulnerable to such schemes in a much disadvantageous space.
In her report, (Debt bondage, 2016) Ms. Bhoola recommended that more must be
done to understand debt bondage. She outlines how UN Member States should take a varied
approach based on universal human rights to eradicate the phenomenon.
“In order to effectively eradicate and prevent this practice, States should develop
comprehensive and integrated programmes of action based upon international human rights
59
Article 6, Section 1 of R. A. 8042, as amended by R. A. 10022
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents