Saturday, December 1, 2012

Immigrants Long for Security They Deserve

By Marivir Montebon

immigrantsosm!week22New York -- The fabulous neon Christmas lights on Fifth Avenue in bustling Manhattan don't truly fascinate Jenny. In fact, each colorful blinking makes her heart ache and long for her daughter whom she hasn't seen for four Christmases now.  I wish my daughter saw all these beautiful lights, she wished to herself. It is uncertain as to when she will see her child again, who was three years old when she left home in Davao in the Philippines.

Jenny, petite at 31, is awaiting the approval of her US permanent residency status.  It could take at least five years and it could be denied. In the meantime, she has missed raising her child as she works as babysitter for a rich family in the city of New York.

"I always work during Christmas and New Year, because if I didn't I would die of homesickness. And I feel very lonely when I see families together and I am away from my child," she said seriously, teary-eyed.

Jenny is among the four million immigrant workers in the US who copes with Christmas by working non-stop just so to survive the holidays. In the Philippines, while every one seems festive despite economic difficulties, immigrants here are battling against the cold and homesickness.

There is nothing much that Jenny could do about her status but to wait until she gets her green card. That story isn't so bad for Jenny. It could be worse for tens of thousands of undocumented immigrants in the US, who in one way or another, have unfortunately become victims to illegal recruitment and unfair labor practices which have rendered them defenseless for the lack of legal status.

Each immigrant has a story to tell.

However in the high echelons of the US Senate, hopes for immigrants have remained pending, as the DREAM Act has been shelved and continues to gather dust.  Among other things, it would have given legal rights to children of immigrants born in the US whose parents have not acquired the legal residency status.

Migrant organizations in the US have called for a blanket legalization of all immigrants, citing that America has nothing to lose when it gives immigrants the path to citizenship.

"In fact, it would mean economic stability for the US due to its billion earnings from immigrant documentation fees and subsequent taxation," said Arnedo Valera, an immigration lawyer and co-executive director of the Washington, DC-based Migrant Heritage Commission (MHC).

MHC is also lobbying before the Philippine Senate a legislative piece that would ensure the rights and welfare of immigrant Filipinos and their families. Valera has approached Senators Teofisto Guingona and Gregorio Honasan to sponsor the Magna Carta for the Rights of Migrant Workers which will protect their rights and welfare while working abroad.

The Philippines, one of the highest producing countries of immigrants, has ratified the United Nations International Convention on the Protection of the Rights of the Migrants and Members of their Families in 1990.

“The Philippine government is thus duty-bound to create a national law that will enforce the international treaty in the community of nations,” Valera explained.  The Philippines has expatriated more than 11 million Filipinos overseas, the majority of whom are in the US, Saudi Arabia, Canada, United Arab Emirates, and Australia.

Among the key provisions of the proposed bill, Valera said, would be the right of the migrant worker to verify the legitimacy of employment, the abolition of placement fees, the clear identification of the salaries and benefits for the migrant worker and her/his family, and the setting up of free legal assistance centers for migrants in the host countries.

Valera, along with MHC co-executive directors Jesse Gatchalian and Grace Valera Jaramillo, attended the UN International Conference on the Rights of Migrants and their Families on December 17, 2010 at the UN Headquarters in New York.

During the conference, he told about 60 attendees from various state governments and international non-government organizations, of the need to bridge the wide disconnect of the paradigm of the international convention and the realities hounding migrant workers.

“While it is true that migrant workers are the life blood of sustainable development because of their regular dollar remittances, they are facing challenges of economic stability, health, and well-being in the countries where they are working. This has to be addressed by the sending and host countries if we are to be realistic in our definition of what sustainable development is,” Valera said in a privilege speech.

He urged sending countries to legislate their own national charters for the rights of migrant workers and the host countries to likewise ensure that the rights and welfare of these workers are being respected.

MHC is a not-for-profit organization that has provided legal assistance to immigrants in the US for the past six years. It also engages in health, education, publication and communication, and policy advocacy campaigns for the rights and welfare of immigrants.

UN Secretary-general Ban Ki-moon called States that have yet to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Their Families.

To date, no Western host country has ratified the Convention, even though majority of migrants live in Europe and North America (US and Canada).  Other important receiving countries, like Australia, India, and the Arab states in the Middle East have not ratified the Convention as well.

The UN notes that there are about 214 million migrant workers all over the world, as a result of globalization and extreme poverty in their home countries.

“Migrants contribute to economic growth and human development they enrich societies through cultural diversity, knowledge and technology exchange and they improve demographic balance in ageing populations. While for many, migration is a positive and empowering experience, many others endure human rights violations, xenophobia, and exploitation,” said Mr. Ban.

Mr. Ban stressed the plight of the tens of millions of migrants who are in “an irregular situation” and thus more likely to be denied basic labor protections, due process guarantees, personal security, and healthcare.

“They are vulnerable to suffering prolonged detention or ill-treatment, and in some cases enslavement, rape or even murder,” he said. “Clearly much more needs to be done to safeguard the rights of migrants,” the UN Secretary-general said.

The UN has very well articulated the needs of the ordinary immigrant.  But the day remains uncertain as to when her/his rights and welfare are formidably secured. As for Jenny, and the millions like her, it will be forever a mix of melancholy and inspiration as she works for the money to sustain the life and well-being of her child who is growing so far away from her. # (A Reprint from Universal Class)

No comments:

Post a Comment