Workshop on Migration and International Relations between Asia and Spain: Philippines, China and Pakistan case studies
6 September 2004, Barcelona, Spain
Links with the Philippines: Bilateral negotiations and relationships with the Philippines
Rogelia Pe-Pua
The University of New South Wales
Sydney, Australia
The links between Spain and the Philippines can be traced back to the beginning of Spanish presence in the Philippines. In 1521 the Portuguese navigator Ferdinand Magellan landed in the Philippines in the service of Spain. The Philippines was subsequently made a colony of Spain from 1565. The colonization lasted for about 300 years. In the late 1800s the Filipino nationalist movement led a revolution against Spain and declared independence on June 12, 1898. Spain00 greatest legacy is the Roman Catholic religion which is the religion of about 84% of Filipinos. Spanish culture has penetrated Filipino culture by means of religious practices mainly, and cuisine to a certain extent. The influence on the Filipino language is limited to the existence of Spanish words in the vocabulary.
The historical links between the two countries have a bearing on the status of Filipinos in Spain as will be illustrated later. I will discuss the links between Spain and the Philippines in contemporary times, by looking at Philippine presence in Spain and Spanish policies that have an impact on their work and living conditions. Then I will explore the bilateral relations and related issues. But first, a brief background about Philippine migration trends will provide the context to the migration of Filipinos to Spain.
PHILIPPINE LABOR MIGRATION
The Philippines is known as a labor-exporting country. The scale of deployment of overseas Filipino workers (OFWs) increased steadily beginning from the 1970s. These are domestic workers, construction workers and engineers, entertainers, teachers, nurses and doctors, and sea-based workers such as seafarers. By the end of 2003 there were 867,969 OFWs worldwide. (Table 1 shows the figures from 198400003 for three top destination regions.) The oil-rich Middle East (particularly Saudi Arabia and United Arab Emirates) and Asia (particularly Hong Kong, Japan, Singapore and Taiwan) continue to be popular regions of destination of OFWs for the past 15 years because of their proximity to the Philippines, the active recruitment efforts to those countries, and close contact with those nationalities (particularly Chinese who are the biggest minority group in the Philippines). Europe comes as the third top region, with Italy as the top European country of destination. Advances in technology and increased visibility of migrant networks opened up new opportunities in countries such as Spain and Italy (Pe-Pua, 2000; Philippine Overseas Employment Administration, 2003) .
Table 1. Number of deployment of Filipino workers by world region (198600003)
YEAR Middle East Asia Europe 1986 236,434 72,536 3,693 1987 272,038 90,434 5,643 1988 267,035 92,648 7,614 1989 241,081 86,196 7,830 1990 218,110 90,768 6,853 1991 302,825 132,592 13,156 1992 340,604 134,776 14,590 1993 302,975 168,205 13,423 1994 286,387 194,120 11,513 1995 234,310 166,774 10,279 1996 221,224 174,308 11,409 1997 221,047 235,129 12,626 1998 279,767 307,261 26,422 1999 287,076 299,521 30,707 2000 283,291 292,067 39,296 2001 297,533 285,051 43,019 2002 306,939 292,077 45,363 2003 285,564 255,287 37,981Source: Philippine Overseas Employment Administration, 2003, 2004
Philippine migrant labor has also become feminized since the late 1980s. For example, 81,000 Filipino women went overseas to become domestic helpers in 1995. (UN Secretariat, 1995, cited in Zlotnik, 1995).
Labor export was never meant to be a permanent strategy to address the problem of high unemployment in the Philippines. But since remittances of US$7.6 billion (2003 figures) from OFWs all over the world keep the Philippine economy afloat, overseas employment continues to be encouraged (and monitored) despite many social costs associated with it. OFWs are called the 00ew heroes00of the Philippines because of their significant contribution to the Philippine economy, and the self-sacrifices they make for the sake of their families (Pe-Pua, 2000; Philippine Overseas Employment Administration, 2003).
The Philippine Overseas Employment Agency (POEA) and the Overseas Workers Welfare Administration (OWWA) regulate the processing, deployment and welfare of OFWs. Recruitment agencies aggressively exploit new markets. Banks set up mechanism to capture the remittances of workers.
The Philippine Government, through the embassies, consulates and diplomatic missions, provides a number of services to OFWs. Consular services and assistance to Filipino nationals in Spain are among those that migrant workers frequently avail of.
FOREIGN LABOR POLICY IN SPAIN
Immigration and residency policiesAs mentioned at the beginning, the Philippines was a former colony of Spain, thus, there exists special historical ties between the two countries. Spaniards are known to have a benevolent attitude towards Filipinos. The Philippines (and other former colonies) is also accorded special preference as a source country for immigrants in the Spanish immigration program. As colonial citizens, Filipinos can apply for naturalization to become Spanish citizens after two years00residency. A substantial number of Filipinos have availed of this preferential status to acquire Spanish citizenship (Commission on Filipinos Overseas, 1999; Huntoon, 1998).
The Ley de Extranjeria (Law on Foreigners) of 1985 paved the way for some important laws governing migrant workers. Based on special rules of this Law, Filipinos are among the nationalities given preferential treatment when applying for work permits. The rights and liberties that foreigners with legal status enjoy under the Law are: freedom of movement and choice of residence; right to education; right to form associations, hold public meetings and demonstrations; right to join Spanish trade unions or professional organizations (Commission on Filipinos Overseas, 2004; Huntoon, 1998; POLO Madrid, 1999) .
Until July 1985, Filipinos were allowed to enter Spain without a visa, and even to change their tourist visa and be issued a work permit. The Ley changed this situation considerably. While the status of many Filipinos became secure under the Law, many of them experienced difficulties obtaining work and residence permits leaving them feeling fearful and vulnerable. For example, they may not have the proper documents; they do not have time to queue outside the police headquarters (loss of income); they are not allowed by employers to leave the house on weekdays (for live-in domestic workers); they live far from the government office; or they miss the deadline due to neglect (e.g., forgetting to do so) (Lobera, 1993). Filipinos are now required to required to have a visa to enter Spain (Commission on Filipinos Overseas, 2004).
The Spanish government has implemented three major regularization programs (popularly known as CUPO or Contingente) in 1991, 1996 and 1999, resulting in the provision of legal work and residence permits for a significant number of formerly undocumented workers. Residence permits have to be renewed annually (Huntoon, 1998). With the conclusion of these regularization programs, all foreigners must have working permits to hold jobs or face deportation (POLO Madrid, 1999). In accordance with the 1991 CUPO, employment of foreign workers are allowed only in household and agricultural services which Spanish workers tend to avoid (Commission on Filipinos Overseas, 1999). Post-regularization data in Spain officially registered 25,000 Filipinos in 1992. Before these regularization campaigns, about 75% of the community did not have legal status (CFMW & KAIBIGAN, 1995).
Spain recognizes the need for integrating migrant workers into their society, and thus provides the legal framework for bringing their families to Spain through the Agrupacion de Familia (Family Reunification) scheme. This is also partly due to pressures within the European Union to accord migrant workers, whether documented or undocumented, their basic human rights as part of the host society (in this case, the right to form a family or be united with an existing one).
Labor policiesWork permits are required to work legally in Spain. This work permit states the approved occupation. An application needs to be lodged to switch occupation. The laminated identification card bears additional security features to guard against proliferation of false identification cards among foreigners (Commission on Filipinos Overseas, 1999).
Migrant workers are bound by the same labor laws that apply to Spanish citizens. Filipinos who are authorized to work are amply protected by Spanish Labor and Social Security laws. Any incidence of labor exploitation or injustice can be brought by any migrant worker directly or through NGOs to the Spanish police. Employers are required to register their workers with the Spanish Social Security System; both the employer and worker pay the dues but the employer shoulders the greater part. Their entitlements include medical treatment benefits, sickness and maternity benefits, permanent disability benefits, old-age and retirement pension, death grants and survivorship pension, unemployment benefits, and family benefits (Commission on Filipinos Overseas, 1999, 2004; Huntoon, 1998; POLO Madrid, 1999).
FILIPINOS IN SPAIN
The Philippine Embassy in Madrid estimated that there were approximately 40,750 Filipinos in Spain at the end of 2003. This figure includes only those who have registered with the Philippine Embassy (POLO Madrid, 2003). Non-government organizations00estimates were higher placing the population of Filipinos at 50,000 even during the mid-1990s (CFMW & KAIBIGAN, 1995).
There are more Filipino women (66%) than men in Spain. The majority of women are in the 25-45 years age group (in 1999). Most Filipinos work as domestic helpers in private households and in the hostelry industry (90%). A very small proportion work as administrative employees, factory workers, teachers and professionals. The Filipino community is considered the oldest group of immigrants of Asian origin in Spain. This community is characterized by an immigration dominated by women; as being very well-organized (its solidarity evidenced by the existence of various organizations); and as a group with hardly any conflicts and cases of delinquency (Commission on Filipinos Overseas, 1999; POLO Madrid, 1999, 2003).
Filipino domestic workers are constantly in demand and preferred over other nationalities because of their good reputation as all-around workers. They are not typical of domestic helpers because they have better education and prior occupational background compared to women in the domestic service industry, and relative to the occupation they are taking up. For instance, 41% of Filipino migrant workers in Spain (majority of whom are women) have completed university studies, including degrees in commerce, education, economics, dentistry, medical technology, midwifery and nursing. Many held professional jobs in the Philippines before going to work in Spain (CFMW & KAIBIGAN, 1995; Lobera, 1993; Zlotnik, 1995).
Coming to Europe
The Middle East is among the regions that have begun the active recruitment of migrant workers in the Philippines 00men to work in the construction industry, and women to take on jobs in the nursing and domestic services. Four Asian countries also set up recruitment establishments and procedures. Hong Kong and Singapore focused on domestic workers, Taiwan on the computer chips industry, and Japan on the entertainment industry. In contrast, Spain is not a labor market, meaning that they do not have a specific policy of recruiting foreign workers. Thus, there are no formal Spanish recruiting agencies in the Philippines. The Filipinos00familiarity with Spain is entrenched in their psyche as a result of more than 300 years of Spanish colonization of the Philippines. But while the Filipino language and culture have traces of Spanish culture, the country of Spain itself is alien to Filipinos 00what it looks like, the way of living, and so on.
Many of the Filipino workers in Spain have been assisted by contacts already existing in these countries, for example, friends and relatives who have been working in Spain. Students who were scholars of the Spanish government and former domestic helpers of Spanish nationals who travelled to the Philippines were among the early migrants.
From a study I did in 1999 (Pe-Pua, 2003) the CUPO has been a vehicle for the entry of a number of Filipinos in Spain. A domestic worker in Spain finds a prospective employer for a family member or a friend who wants to come to Spain. Or she convinces her current employer to sign papers that guarantee work (genuine or otherwise) for the family member or friend. This then provides the venue for their entry. Once in the country, while they are still looking for a job, they have to pay for their own medical insurance. This process of 00ame hiring00(signing a document to certify the availability of work for a person overseas) however has been made more difficult by restrictions that took effect in January 2004. Sponsoring Spaniards are now required to personally (queue up and) appear before the Ministerio de Trabajo y Asuntos Sociales (Ministry of Employment and Social Affairs) to submit the application and supporting documents and justify the need to hire a worker from overseas. Unless the need is genuine, or unless the Spanish employer feels compassionate towards their existing Filipino maid, they will not go through the difficult process of getting an appointment (which takes two to three months) and queue outside the Ministerio. In addition, after a Resolucion de Concesion de Trabajo y Residencia (approval of the labor application) is issued, the ofertas de empleo (offer of employment) must be stamped by the POLO office. As a result of these restrictions, the average number of labor contracts being verified at the POLO office has decreased from ten (under the old system) to two a day (under the new law) (POLO Madrid, 2003).
Workers who want to bring their spouses to Spain use either the Agrupacion de Familia scheme that will give them a residence permit (only), or the CUPO which will allow them to obtain both a residence and a work permit, as long as the prospective employer00 offer of employment is in the domestic hostelry industry (Pe-Pua, 2003).
There are also instances of Filipinos entering as tourists, and then staying on to work. Stories about entering the country under false documents or using 00gents00in the Philippines that have networks in Europe are also common (Pe-Pua, 2004).
The most common reason given for coming to Spain is the financial benefit and betterment of their family situation. They expect a more decent income compared to what they can ever hope to earn in the Philippines. They endeavor to give their families a better life and their children a better education. Eventually they want to own property in the Philippines (Pe-Pua, 2003).
Employment opportunitiesFilipino men have more difficulty than women in finding work since the greater demand is for domestic helpers. Some men manage to find work as cooks, waiters, or kitchen hands in restaurants or housekeeping staff in the hotel industry. Some work as couriers for jewellery stores, or do some office work at the Philippine Embassy (computer programmer or client support, for example), or work in the construction industry. While it is rare, some men work as domestic workers for a while, joining their wives in a live-in arrangement (Pe-Pua, 2003).
Filipino women, on the other hand, have hardly any difficulty finding a job as domestic workers. A common arrangement is interna or live-in where the worker gets free accommodation and food, and sometimes toiletries as well. But there could be trade-offs such as longer working hours. This is why some women prefer to be externa workers 00they go home to their own place at the end of the day; they have shorter working hours; and they can still accept other work from other employers. Also, the pay is higher; however, the bonus is less, and other benefits such as vacation pays are not available (Pe-Pua, 2003).
Filipino domestic workers in Spain seem to be satisfied with their work, as reflected in my study (Pe-Pua, 2003) and based on reports from the Philippine Embassy (POLO Madrid, 2003). The pay ranges from US$55000,000 a month (1999 data) which is better than the pay that Filipinos domestic workers in Hong Kong and Singapore get (which range from US$1250000) (Pe-Pua, 2000). Internas also get bonuses (13th and 14th month pay), social security, vacation leaves, and days off.
Abuses by employers are also rare. Some of the few abuses cited involve non-payment of salary, the employer keeping the worker00 papers/documents, and demand for longer working hours beyond what the contract states. The positive treatment that Filipino domestic workers get from Spanish employers is also verified by Philippine Embassy staff. 00n the whole, Spanish employers are good providers and responsible, they respect the agreements made with the workers. The relationship between Spanish and Filipino is characterized by mutual respect and empathy 00no doubt an offshoot of our historical and cultural links00(POLO Madrid, 1999).
Filipino domestic workers also enjoy a certain 00restige00brought about by the high regard that Spanish employers have for them because they are perceived to be hard-working, industrious, persevering, trustworthy, loyal, caring, and excellent house-keepers and child-minders in general. Spanish employers trust their Filipino workers, for example, they would give the house keys to them so they could come in and out of the house anytime. They are the highest paid among domestic workers in the main cities; thus it is considered a status symbol for Spanish families to have a Filipino domestic helper (00nly the rich can afford a Filipino chica00) Employers 00eg00their departing domestic helpers to stay and entice them with a salary increase, reduced working hours and other incentives (Pe-Pua, 2003). In recent times, Filipina domestic workers 00ave learned to be choosy. They prefer to be externas and work for families with no pets and with less or without children and near their places of residence00(POLO Madrid, 2003).
Filipina maids play a very significant role in Spanish households. They liberate many Spanish women from household duties; thus the Spanish women are able to participate in the labor force. Because Filipina maids are loyal, efficient and nurturant, Spanish employers feel secure leaving their children in their care when they go to work. These maids even help the children with their homework. And oftentimes they are 00ounsellors00 within the household, listening to the problems of household members, and offering advice when appropriate. In exchange, they expect to be treated as part of the family, or at least be accorded with kindness and consideration, and not as strangers (Pe-Pua, 2003). There was a story of a Filipina maid in Madrid whose se帽ora (literally, Spanish woman; refers to the lady of the house in this instance) always sounded harsh, never smiled or showed appreciation for what she was doing. She tried to leave her but when the se帽ora found out the reason why, she immediately pleaded with her to stay, and changed her treatment of her completely from then on (Lobera, 1993).
Migrant workers may change occupation, as long as they follow the formal application procedures for this. While many Filipino workers (men and women) would welcome the chance to work as a professional or do something other than being a domestic helper or a waiter/cook, most of them are not willing to sacrifice their working hours in order to obtain specific qualifications that will allow them to pursue a skilled or professional career path. They said they cannot afford to reduce their earning capacity because relatives back in the Philippines count on the remittances they send. Trying to get an education in Spain can be very costly too. And some cited their long absence from such endeavours that to take it up now would be too taxing on their intellect. Others experienced difficulties in having their academic degrees and qualifications validated or recognized in Spain, thus hindering their chance of practising their profession. Recently, a few Filipinos have managed to upgrade their occupation and now work in commercial centres and in teaching. Language is another obstacle to obtaining further education or getting a better job. Moreover, competition in the job market is stiff, so that host citizens are favoured than foreigners among job applicants (Pe-Pua, 2003; POLO Madrid, 2003).
PHILIPPINE-SPAIN RELATIONS
Spanish investments in the Philippines
There are several Spanish companies in the Philippines. They are found in the fields of banking and finance, insurance, medical assistance, pharmaceuticals, veterinary products, cosmetics and perfumery, food processing, engineering, pearl farming, and confectionery (Philippine Embassy in Madrid, 2004c).
Exchanges, visits, meetings
Relations between Spain and the Philippines is also marked by important exchanges, visits and meetings between the two countries. From 1994 to 2000, there was one official visit to Spain by a Philippine President (Fidel Ramos, 1994) which was reciprocated the following year by a visit of Their Majesties, King Juan Carlos I and Queen Sofia of Spain, and again in 1998 to join the Filipinos celebrate the Centennial of Philippine Independence. Her Majesty Queen Sofia also had a working visit to the Philippines that focused on Spain00 development assistance projects there. There were several visits by both Philippine officials to Spain and Spanish officials to the Philippines from 1994 to 2000. (Philippine Embassy in Madrid, 2004a)
Bilateral trade relations
The bilateral trade relation between Spain and the Philippines is evident in Table 2 that shows the exports and imports from the Philippine perspective. There was a trade imbalance from 1997 to 1999 but this recovered in 2000. The Instituto Espa0ol de Comercio Exterior recorded Philippine exports of 100.92 million 00(Euro) compared to imports of 80.90 million 00for 2001. The top Philippine exports to Spain are electronics, garments, tobacco, furniture and footwear. The top Philippine imports from Spain include chemical products, alcoholic beverages, surgical products, ceramics, and textile materials (Philippine Embassy in Madrid, 2004b).
Table 2. Bilateral trade relations (Philippines with Spain, value in million US$)
Year Total Trade Exports Imports Trade Balance 1995 134.004 74.082 59.922 14.159 1996 162.325 82.441 79.884 2.556 1997 168.724 72.689 96.034 (23.344) 1998 142.307 70.165 72.142 (1.977) 1999 199.162 82.830 116.332 (33.502) 2000 184.813 104.886 79.927 24.959Source: Bureau of Export Trade Promotion, Philippine Department of Trade and Industry (Philippine Embassy in Madrid, 2004b)
Labor relations
The Philippines and Spain have entered into a Social Security Agreement in May 1988 which was enforced in 1991. Benefits are paid to recipients enrolled under both Social Security Systems (SSS). This makes Filipinos equal with Spaniards in treatment under the Spanish SSS. The computation of the total subscription period for the enjoyment of retirement benefits includes the subscribed period in the Philippine SSS (if any). Filipinos may also receive their pension benefits even if they decide to retire outside Spain (Commission on Filipinos Overseas, 2004).
Another bilateral agreement protecting the rights of overseas Filipino workers is the Bilateral Tax Treaty for the Prevention of Double Taxation. For example, 00axes paid in one state shall be credited to tax against the tax payable in the other state00(Commission on Filipinos Overseas, 1999).
The Philippine government is actively pursuing efforts to have a bilateral labor agreement (BLA) signed by Spain and the Philippines. The Philippine Overseas Labor Office (POLO) in Madrid is looking at operational BLAs that Spain has with other countries as guide for its own draft agreement. With the enforcement of a BLA, the Spanish government will be able to determine a broad range of occupations for which they agree to recruit from the Philippines. This will open up the labor market to more Filipinos, compared to the current system of direct hire where prospective migrant workers depend on personal contacts to access employment contracts.
Issues for discussion
On the whole relations between Spain and the Philippines is very amicable. Both governments are accepting of the presence of the other in their respective countries. Spanish immigration and labor laws provide a basically good ground for favourable working conditions for Filipinos, compared to conditions existing in some other countries of destination of OFWs. Filipino workers in Spain, mainly women in domestic work, continue to contribute to the economic and social well-being of Spanish citizens, albeit indirectly, through the services they provide to Spanish families. They also contribute significantly to the Philippine economy through remittances, and to Philippine society through the support they provide their families in the country.
Some issues are being pursued for discussion between Spain and the Philippines. The major one is the bilateral labor agreement whereby more opportunities would be open for Filipinos to come and work in Spain, not only in the area of service or domestic work, but in professional areas as well. But this will happen only if the Spanish government recognizes the potential role of professional workers in its society, and only if there is indeed a 00pace00that will be made available to them. A bilateral labor agreement will benefit the Philippines in terms of addressing unemployment issues in the country. This will be beneficial if the Philippine Government also addresses the social impact of long-term overseas labor employment, and monitors potential effects on the quality of the remaining workforce in the Philippines. These are issues that would be important to consider when developing the agreement.
Another issue for discussion between Spain and the Philippines relates to working conditions in Spain. The POLO Madrid recommends that discussions with the Ministerio de Trabajo y Asuntos Sociales be initiated by the Philippine Government to identify ways to improve the access of Filipinos to job opportunities in Spain (POLO Madrid, 2003). This is in regards to upgrading to another occupation. One way to effect this is through the process of homolugacion or convalidacion (validation or accreditation) of overseas qualifications. The existing procedures are said to be complicated, that is why very few Filipinos are successful in having their credentials recognized. Close discussion between the two governments can lead to more effective ways to achieve the goals of the process.
Improving work opportunities of Filipinos in Spain is part of settlement and integration into Spanish society, and this should be a concern of both governments. An area that needs to be addressed urgently, in fact during every migrant worker00 early stage of adjustment, is language. The lack of proficiency in the Spanish language is a drawback to improving work opportunities and to gaining more information about the various aspects of living in Spain. Intensive (not just one-off) language classes, coupled with lessons on Spanish culture, are important. Source of funding for such classes could come from both governments. Realistically though, the Spanish government is better resourced to provide this integration service.
Another aspect of integration that can be looked at closely is the social welfare of Filipinos in Spain. Homesickness, lack of social participation, issues related to the workers00families in Spain and in the Philippines, complications in Filipino family structure as a result of migration, are all important issues of concern that inevitably impact on their lives (and work) in Spain. It is thus important to examine these and consider developing services to address these. Again, the close cooperation between both governments is crucial for the success of any program to be developed.
In any program of contract labor migration, there are benefits and costs to the source country and the country of destination. In enforcing relations between the two countries, as with the Philippines and Spain, it is important to find the balance so that it becomes a win-win situation for both.
References
CFMW & KAIBIGAN. (1995). Europe-Philippines in the 90s: Filipino Migration-the European Experience. Unpublished manuscript, Manila.
Commission on Filipinos Overseas. (1999). Fact Sheet: Spain. Unpublished manuscript.
Commission on Filipinos Overseas. (2004). Spain. Retrieved August 22, 2004, from
