DMW-DO-07-2024 — CONSTITUTING THE DMW TECHNICAL WORKING GROUP FOR OVERSEAS FILIPINO MIGRANT FISHERS' CONCERNS

Republic of the Philippines Bepartment of Aligrant Morkers

Blas F. Ople Building, Ortigas Avenue cor. EDSA, Mandaluyong City 1550 TALOIN Websitewww.dmw.gov.ph |Email [email protected]|Hotlines8722-1144872-1159,87243665.8722-1163BAGONG PILIPINAS

Department Order/Circular No. 0 7

Series of 2024

Group for Overseas Filipino Migrant Fishers Constituting the DMW Technical Working Concerns

In the interest of the service and pursuant to Sections 2,5, and 6 of Republic Act No. 11641, a Technical Working Group for Overseas Filipino Migrant Fishers (TWG-Migrant Fishers) is hereby established to ensure that the rights and welfare of Overseas Filipino Migrant Fishers and their families are protected and promoted.

The TWG-Migrant Fishers

a. Composition. The TWG shall be composed of the following: Chairperson : Undersecretary for Foreign Employment and Welfare Services

Vice Chairpersons: Assistant Secretary for Pre-Employment Services Assistant Secretary for Sea-based OFW Concerns Assistant Secretary for Welfare and Employment Assistant Secretary for Licensing and Adjudication Services Assistant Secretary for Finance and Management Assistant Secretary for Policy and International Cooperation

Members : Two representatives from the migrant fishers (Labor)

MWO-Kaohsiung MWO-Washington (Hawaii) Foreign Stakehoiders Relations and Engagement Bureau Sector) Two representatives from the Licensed MWO-London MWO-Athens OWWA Representative Manning Agency deploying Fishers (Manning Agency Sector) and/or Fishing Shipowner Representative (Shipowner Sector)

Secretariat : Sea-Based Accreditation Bureau

b. Representatives. The TWG, through the Chairperson, shall invite Filipino

representatives of owners of foreign-flagged commercial fishing vessels with migrant fishers' labor organizations or civil society groups, organizations of licensed manning agencies deploying Filipino migrant fishers and/or

DEPARTMENT OF MIGRANT W AEmi iF atiR nrvinfntment by the DMW Secretary as TWG members. office in the country to nominate their respective representatives 0

Date:October 14,2024 RECEIVED By:RICHIE M.GUEVARRA General Services Division Time: 02:10 P.M CONTROLLED AND DISSEMINATED By: DMW General Services Division on October 14, 2024 Page 1

appointment by the DMW Secretary as TWG members.

The sectoral representatives must have well-grounded experience and knowledge in recruitment and employment, working conditions, and benefits of

standard terms and conditions of employment, and standard employment migrant fishers in foreign-flagged commercial fishing vessels. They must be available and willing to engage in the review and drafting of regulations

contracts.

The appointed representatives shall be subject to recall and replacement at any time upon the sector's recommendation.

c. Secretariat. The Sea-Based Accreditation Bureau shall provide technical and Secretariat services to the TWG and shall perform such other functions as the Chairperson may assign in relation to the work of the TWG.

d. Subcommittees. The TWG, recognizing the need for specialized focus, has

approach is intended to ensure efficient task completion and effective resource utilization. the authority to create as subcommittees as may be necessary. Each shall have clear area/s of assignment and timelines to complete and submit their assigned task to the TWG for review, approval, and adoption. This subcommittee shall be headed by the relevant bureau of the Department and

e. Bureaus and Divisions. The Department's bureaus or appropriate divisions, such as the International Migrant Workers Policy Cooperation Bureau expeditious completion of the TWG's work (IMWPCB),Internal Cooperation and Labor Market Monitoring Division,and Migrant Workers Protection Bureau, among others, are hereby directed to provide technical support and perform functions as may be required for the

f. Rules of Procedures and Meetings. The TWG shall adopt Rules of on or before December 2024. In all cases, the decision shall be made by consensus of all those present in the TWG meeting duly called for the purpose. If the Chairperson cannot obtain a consensus, the issue or issues Procedure observing a Work Plan with clear timeframe to complete the task of concerns with a maximum of three proposed version shall be elevated to

the DMW Secretary for his decision.

The TWG shall meet regularly at such frequency as necessary to complete the tasks based on the Work Plan.

necessary to complete their task on time as determined by the TWG. Meetings or the convening of subcommittee/s shall be as frequent as

TWG Terms of Reference (TOR)

a. Work of the TWG. Pursuant to Section 2 of Republic Act No. 11641 or the and promote the rights and welfare of Overseas Filipino Workers(O "Department of Migrant Workers Act it is the policy of the State to pret

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and their families by (a) ensuring that private recruitment shall meet

conditions of work that uphold the dignity of Overseas Filipino Workers; (c) of legal status; (d) ensuring their participation in the formulation of policies professional, legal and ethical standards; (b) obtaining the best possible providing timely and responsive services to address their needs regardless

compliance with ratified international conventions and bilateral or multilateral reintegration; and (f) progressively aligning programs and policies towards affecting their welfare; (e) providing mechanisms for skills development and

treaties on migration particularly the twenty-three (23) objectives of the Global

State Policy, the TWG, with ILO Technical Assistance, shall: Compact for Sale, Orderly and Regular Migration (GCM). To carry out the

Identify the gaps in the existing regulations on sea-based recruitment and deployment (2016 POEA/DMW Rules and Regulations Governing the Recruitment and Deployment of Seafarers, and Standard Terms and Conditions Governing the Employment of Filipino Seafarers Onboard

deployed onboard foreign-flagged commercial fishing vessels; Ocean-Going Vessels) as applied to Filipino migrant fishers recruited and

Formulate for issuance by the DMW Secretary the following:

ii.aRegulations specific to the recruitment and deployment of Filipino

ii.b Migrantfishers'specific StandardTermsandConditions migrant fishers on foreign-flagged commercial fishing vessels; of

ii.c Standard Employment Contract for Migrant Fishers (SEC-F). Employment onboard foreign flagged commercial fishing vessels; and I

practicable and necessary, the SEC-F can be flag or destination specific countries or the vessel's flag of registry requirements. In case of a UK such as for UK and Taiwan or formulated to handle multiple destination

specific SEC-F, the standards of the host country, including the required accreditation for medical practitioners or clinic that meets the UK

be considered. standards for medical examination before leaving the Philippines shall

B Study and recommend, bilateral agreements with countries of registry and

fishing grounds to ensure the protection of Filipino migrant fishers, including theratificationof IL0ConventionNos. 188,181and the

Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F).Explore bilateral agreement for fishers with the UK or the development of a similar International Convention on Standards of Training, Certification and

annual Philippine-Taiwan Joint Labor Conference (JLC) where bilateral concerns on the employment of Filipino migrant fishers can be tackled with a Joint Technical Working Group.

Conduct at least two (2) consultations or focus group discussions with key stakeholders in and outside the Maritime Industry Tripartite Council

or associations, and civil society organizations, among others. (MITC) particularly with the Licensed Manning Agencies deploying Fishers (LMAF) and workers' representatives,fishers and migrant fishers groups

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b. Priority areas for inclusion in regulatory review and formulation. The Priority Areas for regulatory review and formulation shall, among others, include ensuring the following:

A Address the gaps as and The rights and welfare of every Filipino Migrant Fishers during pre. Observance of occupational safety and health standards onboard fishing employment, onboard the fishing vessel, repatriation, and re-integration; Vessels; Filipino Migrant Fishers. The best possible terms and conditions of work that uphold the dignity of

I ILO Technical Advisory/Assistance

Pursuant to the terms of the ILO-DMW collaboration on policy development and provided Technical Assistance by the ILO drafting of regulations and SEC-F, the TWG and its subcommittees shall be

IN Miscellaneous

a. Funding. All expenses to be incurred for the work of the TWG shall be charged against the general fund of the Department.

b. Regular Report to the Secretary. The TWG shall submit a monthly Progress Report to the Office of the Secretary.

c. Effectivity. This Order/Circular shall take effect immediately and shall remain in effect until revoked or the TWG is dissolved. Accordingly, the TWG is directed to immediately convene upon issuance of this Department Order/Circular.

Mandaluyong City, Philippines. Ju_ day of _Ocko ber 2024

HANS LEO'J.CACDAC Secretary

Pai

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