DOLE mulls partial lifting of Kuwait ban

MANILA, Philippines — With the reported conviction and sentencing to death of the killers of Filipina domestic worker Joanna Demafelis, Labor Secretary Silvestre Bello III said he may recommend to Malacañang a partial lifting of the deployment ban in Kuwait, to cover skilled workers but not maids.

“When we declared the total ban, the President said he would only consider the lifting, if (Kuwait) could meet two conditions, one is the signing of the agreement and second that the death of Demafelis be given justice,” Bello said yesterday.

“Assuming there is sufficient justice with the conviction, the MOU (memorandum of understanding) is yet to be signed. Assuming it is signed, we still have to study the possibility of recommending the partial lifting of the ban and I will consider seriously the lifting only with respect to skilled workers,” he said. While the Philippines was not yet inclined to lift the ban, Bello stressed the Philippine government was grateful to Kuwait for the “swift justice” meted to Demafelis’ killers, who were her employers.

A Kuwaiti court sentenced Lebanese Nader Essam Assaf and Syrian Mona Hassoun to death by hanging for the death of Demafelis, whose body was found inside a freezer months after she was reported missing.

At a press conference, Bello said Kuwaiti Ambassador Saleh Ahmad Althwaikh validated news reports on the conviction of Demafelis’ killers.

“I called up the Kuwaiti ambassador this morning and he confirmed the conviction and he also confirmed that the penalty imposed was death by hanging,” Bello said. Death by hanging in Kuwait is commonly done in public.

Bello said it’s his personal belief that the conviction was Kuwait’s compliance with the Philippines’ condition that Demafelis be given justice before the ban on the sending of Filipino workers to the tiny but rich Arab kingdom is lifted.

Demafelis’ killers can still appeal their conviction, but Bello said they must return to Kuwait.

Bello said he has information Demafelis’ Lebanese employer is detained in Beirut while his Syrian wife is being held in Damascus.

“I don’t know if there is existing extradition between Lebanon and Kuwait and between Syria and Kuwait. Assuming there is such a treaty, this is not a usual case, because the accused are not Kuwaiti nationals, so I don’t know the tenor of the extradition (process),” Bello said.

He revealed the Demafelises have already been informed of the Kuwaiti court ruling and they seemed elated by the news.

The labor chief also said Demafelis’ recruiters may be held administratively liable.

On the crafting of a memorandum of agreement with Kuwait on the deployment of workers, Bello said they are considering only a government-to-government arrangement.

The total deployment ban began in February after Demafelis’ corpse was found inside a freezer in an abandoned apartment in Kuwait.

Since the ban, Bello said about 3,000 distressed workers have been repatriated from Kuwait.

Bello expressed optimism that the signing and implementation of the agreement could pave the way for better working conditions for overseas Filipino workers (OFWs).

Senior deputy executive secretary Menardo Guevarra also cited the need for an official agreement to ensure the protection of Filipino workers in Kuwait.

“The ban on sending OFWs to Kuwait is still on. But of course an agreement, a memorandum of understanding, is being formulated and hopefully the state parties will come to terms as to how our OFWs in Kuwait as well as in other Middle Eastern countries will be protected,” Guevarra said in a press briefing.

Ban stays

He stressed the death sentence on Demafelis’ employers would not affect the labor department’s decision to continue the deployment ban.

“I think it’s still the agreement between the two countries on the manner of treating our OFWs that will matter, not the matter of the couple being brought to justice,” he said.

Also yesterday, Overseas Workers Welfare Administration (OWWA) chief Hans Cacdac said they would augment the number of OWWA officers abroad so they could better serve Filipino workers.

He said OWWA is providing assistance to more than 4,000 OFWs who have returned from Kuwait since the imposition of the total ban.

The Blas Ople Policy Center, for its part, is calling on the government to hold bilateral talks with the governments of Lebanon and Syria on how to make the foreign employers of Demafelis answerable for their crime.

“Extradition can be a complex judicial process and sometimes, politics also may come into play, especially when the case involves the death sentence. The DFA through our embassies can engage the governments of Lebanon and Syria through diplomatic channels in talks about Joanna’s case in behalf of her grieving family,” center head Susan Ople said in a statement.

Foreign Affairs Secretary Alan Peter Cayetano said the conviction of Demafelis’ killers “is a very important development in our quest for justice for Joanna.”

“We take note of the swift action taken by Kuwaiti authorities in connection with the murder of our kababayan Joanna Demafelis,” he said.

“We continue to look forward to the cooperation of our friends not only in Kuwait but also in Lebanon and Syria in our efforts to bring this case to a close,” Cayetano added.

Philippine Ambassador to Kuwait Renato Villa said Kuwaiti authorities have requested the extradition of Assaf but it is possible that Lebanese authorities may decide not to turn him over and will try the case in Beirut instead.

The DFA will provide lawyers to assist in the case should Lebanese authorities decide to hold the trial in Beirut.

The Philippine embassy in Beirut is scheduled to meet today with Lebanese authorities handling the case.

‘Good development’

Senators, meanwhile, welcomed the death sentence on Demafelis’ murderers with Senate President Aquilino Pimentel III calling it a “good development.”

Sen. Joseph Victor Ejercito expressed hopes the death sentence would be carried out.

Pimentel said the development should also set the stage for the normalization of ties between the Philippines and Kuwait.

Sen. Grace Poe said the search for justice for Demafelis should also include others responsible for her being employed under deplorable conditions. – Alexis Romero, Paolo Romero, Pia Lee-Brago