DFA waits for ‘policy guidance’ over ‘banned’ RP workers in Iraq

By Gloria Jane Baylon

MANILA, July 30 (PNA) — The Department of Foreign Affairs (DFA) has yet to publicly announce what it calls “policy guidance” on the forced repatriation of Filipinos from out of war-torn Iraq no later than August 9 this year on orders of U.S. military authorities.

An authoritative DFA sources made known this stance this afternoon, eight days after a still-to-be-verified July 20 memorandum of U.S. Armed Forces’ Colonel Richard Nolan, senior contracting officer in Iraq of the Central Contracting Command (CENTCOM), has circulated and reached Manila sources.

”CENTCOM is currently aware that the Philippines and Nepalese Governments prohibit its citizens from travelling to Iraq. There may be other countries. It is the contractor’s responsibility to ensure that it is not employing people from other countries prohibited from entering Iraq,” the memorandum said.

The DFA source inferred to waiting from Malacanang, whose spokesperson, Edwin Lacierda, had been quoted as saying that DFA had been instructed to ensure that the Philippines responds to the U.S. order for the pull out of Filipinos and that the “no-entry to Iraq” ban remains firm.

A day after canceling a hastily-arranged press conference on the issue on Tuesday, the DFA has not explained to the press what is going on behind the scenes as government agencies coordinate moves for the repatriation of the overseas Filipino workers (OFWs) and the jobs-scarce home front faces the possible burdens of mass repatriation of the gainfully employed due to geopolitical reasons.“

For higher pays that are the envy of OFWS elsewhere because of the higher risks to physical life and the legal impediments, Filipinos sneak into Iraq, where the U.S. fights an anti-terrorism war.

The Nolan order is explicit about “promptly repatriating” Third Country Nationals (TCNs), to include Filipinos, whose stay in Iraq “are not in compliance” with U.S. laws, their own laws and those of host nation Iraq.

The Memorandum is addressed to all contractors in Iraq employing so-called Third-Country Nationals (TCNs), including Filipinos and Nepalese, to ensure that their employees were deployed to Iraq legally and are properly compensated.

The memorandum specifically mentioned that contractors should not be employing TCNs whose country bans them from deployment to Iraq as evidenced by the “not valid for travel to Iraq” stamp on their passports.

Filipinos and Nepalese are to be repatriated out of Iraq at employers’ expense and responsibility “20 days from the date of this letter to ensure their employees comply with U.S. and international law,” Nolan said.

”Contractors bear any and all risks associated with failure to repatriated employees or allowing or accepting contract ‘jumpers,’” Nolan warned.

But while the DFA has not yet reacted to the issue, Carmelita Dimzon of the Overseas Workers’ Welfare Administration (OWWA) said in an interview that she “believe(s) DFA is now coordinating with unnamed contractors to send our (RP’s) messages on OFWs in Iraq.”

Since the escalation of tensions in Iraq’s drawn-out conflict, the operation of the Philippine embassy in Baghdad has been down to the minimal, with consular concerns there being handled by the Philippine embassy in neighboring Kuwait.

The CENTCOM stated that TCNs “from countries whose current domestic laws prohibit their citizens from working in Iraq, were discovered to have been left behind by their previous employers (the so-called “jumpers”) at various contractor-controlled camps throughout Iraq.”

”This raises numerous concerns about whether contractors are complying with travel and work restrictions of certain TCN countries, Iraqi immigration requirements, and contract redeployment responsibilities.”

Expressing concern, Dimzon was quoted as saying the DFA will coordinate with contractors to find out from the between 8,000 to 10,000 “left-behind” Filipino employees” “what they want to do (next) and give (them) some options because they need to be sent home before August 9.”

The memorandum's Section 4 on “compliance with TCN and Iraqi law” stated “that the contracting officer (Nolan) may direct the contractor to remove and replace any contractor personnel who fail to comply with or violate applicable requirements of the contract.” (PNA)
DCT/GJB