DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
The current Social Welfare Attaché reported that the Saudi government conducts free DNA
testing, and that once the biological relationship with the child is confirmed, the child can be
repatriated to the Philippines.160 The previous Social Welfare Attaché who had previously
been deployed to Saudi Arabia in around 2013, reported that more than 2,000 children were
repatriated to the Philippines during her deployment to the country.
B.4.d. Bilateral Agreement
On 19 May 2013, the Ministry of Labor of the Kingdom of Saudi Arabia, and the Department of
Labor and Employment of the Philippines signed a Bilateral Agreement on Domestic Worker
Recruitment. This was the first bilateral agreement signed between the Philippines and Saudi
Arabia and led to similar agreements being signed with the other Gulf countries.161 The
agreement includes a number of aims, intentions, and areas of cooperation. These include:
•
An intention “to enhance cooperation on domestic worker recruitment in a manner
that realizes the interest of both countries, maintain their sovereignty, [and] secure the
rights of both the worker and the employer” set out in the preamble.
•
The stated purpose in Article 2 is, “to protect the rights of both the employers and
domestic workers and regulate the contractual relation between them.”
•
Eight listed “areas of cooperation” in Article 3 include: (1) working towards a mutually
acceptable recruitment and deployment system; (2) adopting a standard employment
contract binding on the contracting parties; (3) ensuring licensing of recruitment
offices, companies, or agencies; (4) regulating recruitment costs; (5) prohibiting
unauthorized salary deductions or charges; (6) right of recourse to a competent
authority for contractual disputes; (7) taking action against parties who violate terms;
and (8) resolving any issue arising from this agreement.
Article 4 sets out Saudi Arabia’s responsibilities, and includes endeavoring to establish a
mechanism to provide 24-hour assistance to the domestic worker; and facilitating the
issuance of exit visas for the repatriation of domestic workers “upon contractual completion,
emergency situations, or as the need arises.” This last provision on exit visas would appear
to be an important advancement given the finding of the 2011 of the Investigating Mission of
the Committee on Overseas Workers’ Affairs (COWA) to Saudi Arabia that exit visas have not
Excerpt from Initial Consultations with Social Welfare Attachés and the Department of Social Welfare and Development 17
June 2020.
160
Republic of the Philippines, Department of Labor and Employment (DOLE), A first between Saudi Arabia and a country of origin,
In 2013, historic agreement between PH and KSA sealed stronger protection for the Filipino HSW, 27 December 2013, available
at: https://www.dole.gov.ph/news/a-first-between-saudi-arabia-and-a-country-of-origin-in-2013-historic-agreement-betweenph-and-ksa-sealed-stronger-protection-for-the-filipino-hsw/.
161
52
UNHCR / April 2021