Presented by Ms. Ma. Cecilia Flores-Oebanda
President, Visayan Forum Foundation Inc.

During the Legislative Advocacy Seminar on CDWs in Asia
Tiara Oriental Hotel, Makati City, Philippines
26 to 29 July 2002

Before creating a bill requires a lot of preparation to ensure that these bill is relevant to the lives of people. I must admit that our experience on the issue of child labor especially the child domestic is in infant stage compare to other legislative advocacy of other social advocates in the Philippines.

In general, working for an enabling environment through legislation is a long process. Our impatience as NGOs must be tempered by our conscious understanding of the processes and the impact of the law has on the lives of the people and of the country. Recognizing that realities inherent in Philippine politics and social way of life, legal instruments should also be viewed as socially instituted mechanisms to guide people's actions.

Coming from these perceptions, Visayan Forum Foundation lined up three main areas of action that needs to be considered in advancing the proposed Magna Carta on Domestic Workers. They are the following: (1) Knowing the Congress, (2) The Social Preparation, and (3) Mass Mobilization.

1. Knowing the Congress

   The importance of knowing the fundamentals of lawmaking and the legislative processes gives us key knowledge in understanding the two chambers, the Senate and the House of Representatives. Most of the problem of advocates and other institutions lobbying for legislation is that they don't know or understand how Congress works and the interrelation of Executive and Judicial branch of the government as well as the power and function of the Congress.

2. Social Preparation

   Policies must be rooted on the experiences and cultural context of both domestic workers and employers themselves, with the broad view of enhancing the employer-employee relationship. But no to young domestic workers especially those who needs to work away from home. The public should feel that they are part of the issue and become convinced that domestic workers are partners of the Filipino family.

   In case of VF, we have consistently proposed the use of the term Kasambahay or house companion to redefine the long-standing and degrading terms indicative of degradation and low regard by society. This encompassed interrelated issues such as: enhance their development and productivity (especially among adults); encouraging existing humane and familistic practices by employers; attacking abusive and illegal practices by other players (such as illegal recruiters); and the need for policy reforms.

   The importance of involving information campaign using are very flexible messages that can be used over print, TV, radio, pulpits, consultations, or personal advocacy to an employer. While we recognize that the long process of cultural elaboration has just begun, it is but practical to gun for immediate results depending on whom we are talking to for each moment of advocacy.

• Increased minimum wage, 13th month pays, regular days off, wider social security protection, and better working conditions - these benefits normally accorded to formal workers are at least we can now give to our local domestic helpers to recognize their contributions to national development.
• You can benefit from supporting the long-overdue Magna Carta, which affects millions of househelps and millions of employers by being remembered as part of the Congress that took the first steps in breaking the historical neglect and exclusion of these workers.
• Taking on the interest of domestic workers does not necessarily sacrificing the interests of employers. Instead, they are also protecting their families by ensuring better relations based on humane treatment and just expectations.
• Your actions shall also protect thousands of minors who are victims of verbal, physical and sexual abuse; illegal recruitment; and encourage employers to continue supporting their human development through trainings and continued education.

• Not all employers are bad. There are also good and well-meaning employers of household helpers who may be even be victims of "bad" domestic workers who indiscriminately leave work.
• By improving employer-employee relationship, many of the problems that emanate from unmet expectations could be avoided and reduced.
• Our own domestic workers free many of us to work in better paying jobs, so it is high time we give back what they deserve through better working arrangements and humane treatment.
• We as a nation have demanded better treatment of our overseas contract workers and so in the same manner we should treat our own within our own backyards.
• By giving better pay, more humane treatment, more leveled expectations and even continuing education, we can help develop our "local heroes" who act as second parents and friends of our own siblings, cook our food, guard our houses, host our visitors, etc.

After all, we treat them too as part of our family, don't we?

• For solons to co-author the Magna Carta
• For public officials to talk about the plight of child domestic workers in many of their engagements
• As much as possible don't hire very young; instead, help to send them to school.
• For the parents, not to allow their children to be recruited by traffickers.
• For employers, to enlist their domestic workers to SSS and PhilHealth explaining the benefits of having this as an employer.
• For employers to use work contracts before hiring a helper.
• For employers to immediately increase existing salaries.
• For governments to issue specific document orders such as DOLE which enumerated conditions under which domestic work could be considered hazardous.
• For the government to initiate "unconventional" approaches to accommodate child domestic workers willing to avail SSS and other services.
• For labor inspectors to directly work on labor cases such as non-payment of wages, illegal recruitment.
• For priests to "sermon" on church-goers, or even mediate complaints by child domestic workers against their employer-parishioners.
• For teachers to integrate the issue of kasambahay in their existing curriculum.
• For the general public to report cases of abuse.
• For child domestic workers to assert their rights in non-confrontational and meaningful ways.

3. Mass Mobilization

Generally, people want to get away from rules whenever possible, they even cheat because they believe they can easily get away with it. Therefore, our advocacy hinges on influencing how and why people make choices - informed, at least - so that they would not even need laws to be afraid of, but imbibe values from which responsible actions emanate.

In general, working for an enabling environment through legislation is a long process. We do not put all our hopes on it, but recognize the realities inherent in Philippine politics and social way of life. Instead, we view legal instruments as socially instituted mechanisms to guide people's actions.

3.1) While the Magna Carta on Filipino Household Helper is considered first ever comprehensive bill enjoying wide acceptance, comprehensive consultations, and natural feedback - there are 2 major issues connected to it, namely:
1. Content - The provisions are so many which require better analysis and consultations from various sectors. We always explain that this Magna Carta is a landmark bill that attempts to rectify historical mistakes and it is a blueprint of rights and privileges, institutional accountabilities, and the like, not only of Domestic Workers but of the employers alike. It is law from which future legislations can germinate from.
2. Applicability - As a cultural tool in defining and improving the relationship of DW and employers. During consultations some issues reveal that some people have inherent second thoughts about the ability of government agencies to take on the tasks defined in the Magna Carta. A welcome part of it is recognition of the role of NGOs as legal third party actors in cases of abuse against child domestic workers.

3.2) Multi-sectoral Consultation
Many see the problem of CDW as a crosscutting issue. Our consultations with regional institutions and organizations and individuals from the Justice Department, church peoples, employers organization, law enforcer, etc. reveal the wide array of favorable sentiments and are willing to do in light with the Magna Carta. They also raised a lot of questions that help us prepare for Senate and Congress committee hearings. Many organizations from the grassroots validate the pervasiveness of the problem affecting children and their families that is why they have agreed to explore ways to work on the issue in the future.

3.3) Tri-media institutions
Although they still have natural penchant for sensationalism, really welcome legal framework because it guides them in redefining their role in public awareness. Dealing with the media needs a lot of knowledge, skills, and charisma. It is important to understand the press, know what they want and how and when to feed it to them. Media seeks to inform, entertain shape opinion, shared captured audience. In relating to media, we consider that they face deadlines. They are exposed to more information than they seek and they always remember negative experience. It is also important to thank them and develop friendly relations or contacts to them.

3.4) Community Organizing
Many of our local leaders have sons and daughters working as househelps to nearby flashy subdivisions. They feel the issue. They change the family perception about the issues. They can report cases of abuse. They can be our very active partners in providing protection and local advocacy in their specific communities. Besides, many of the women in the communities work as live-out laundrywomen everyday.

3.5) Child domestic workers actively participate in our advocacy.
They are our forefront speakers. They bring human face and human interest on the issue. Also we encouraged many organizations to conduct workshop with our organized child domestic workers to document their views about the bill. This helped us improve many of the law's provisions and the methods we employ to let them participate.

3.6) Personal approach to the staff of legislators
They do the dirty work such as research, scheduling, convincing other legislators, media projection (for their own bosses) - so we give them special treatment and loads of information, contacts or help them on their assignments. As advocates it is helpful to insure an access to legislative branch information such as schedules and happenings. Advocacy should also focus in all branches of the government especially the executive branch for they are the one who can push or delay the proceeding of the bill.

3.7) Involvement of church leaders
It is important because they have natural contacts to employers. In a country like the Philippines church people's opinion come from heaven. Most employers seek advice and active members of any church undertaking.

3.8) Signature campaign is useful if legislators want physical proof of clamor by a large sector of the population.

3.9) Rallies by domestic workers to dramatize the issues and it is also useful to build up media hype to force the legislators to send a very clear message that we are seriously watching. child domestic workers serve as very effective resource persons during committee hearing and congress deliberations.

3.10) Develop feedback mechanisms so you can adapt your messages, tactics, and strategies.
Finally, the role of international and regional campaigns and pressure groups like the ASI initiatives, Child Workers in Asia and Global March Against Child Labor networks that embark on CDW campaigns. The international support of the UN bodies is also equally important like ILO-IPEC, Save the Children alliance, and other international organizations that broaden the debate on the issue of child domestic workers. Thank you and good day.