Legal bases for deployment
- Section 1 relies on Section 19 of Republic Act No. 8042 requiring Migran Workers and Overseas Filipinos Resource Centers in countries with large concentrations of Filipino migrant workers.
- Section 2 is rooted in Article 21 of the Labor Code of the Philippines, which requires Labor Attaches and consular officials to protect Filipino workers and verify/certify that employment terms comply with law and regulations.
- Executive Order No. 287 is also anchored on Section 16 of Republic Act No. 9208 requiring the Department of Social Welfare and Development (DSWD) to establish rehabilitative and protective programs for trafficking victims.
- Executive Order No. 287 further cites Executive Order No. 221, mandating the DSWD to provide care, protection, and rehabilitation to the segment of the population with the least in life needing social welfare assistance and social work intervention.
- Executive Order No. 287 cites Republic Act No. 8043, which vests in the Secretary of the DSWD responsibility for care, protection, and rehabilitation of the same disadvantaged segment of the population.
- Executive Order No. 287 recognizes that the DSWD entered into an agreement with the Department of Foreign Affairs (DFA) for deployment of Social Welfare Attaches to Philippine foreign posts with large concentrations of OFWs.
Selection of diplomatic posts
- Section 1 requires deploying the Social Welfare Attaches in countries with the highest concentration of OFWs.
- Section 1 requires that the determination of “highest concentration” be made in coordination with the Department of Foreign Affairs, Department of Labor and Employment, and Philippine Overseas Employment Agency.
- Section 1 directs that the Social Welfare Attaches be deployed in selected diplomatic posts rather than all posts universally.
Core duties of the Social Welfare Attache
- Section 2 requires the Social Welfare Attache at post to undertake surveys and prepare official social welfare situationers on the OFWs in the assigned area.
- Section 2 requires establishing a network with overseas-based social welfare agencies and/or individuals and groups that may be mobilized to provide appropriate social services.
- Section 2 requires responding to and monitoring resolution of problems and complaints/queries of OFWs and their families.
- Section 2 requires establishing and maintaining a system of data banking and documentation of OFWs and their families for more effective provision of social welfare services.
- Section 2 requires submitting regular reports to the DSWD and DFA Home Office on plans and activities, recommendations, and situation updates, particularly difficulties encountered by OFWs in the host country.
- Section 2 provides that the report may form part of the Semi-Annual report to Congress under Section 33 of Republic Act No. 8042.
- Section 2 requires providing information about DSWD and its attached agencies and services.
- Section 2 authorizes the Social Welfare Attache to perform other related functions for delivery of social services as directed by the Head of the Diplomatic Post in the area of assignment.
Institutional arrangements and responsibilities
- Section 3 mandates that the DSWD, DFA, and DOLE perform specified tasks/functions to implement Executive Order No. 287.
- Under Section 3.1 (DSWD), the DSWD must:
- Designate and assign from among its ranks the most qualified personnel as Social Welfare Attaches.
- Provide the salary and other benefits, including overseas allowances and other emoluments attached to the position.
- Provide available training and other related activities to promote efficiency and effectiveness prior to deployment.
- Exercise technical supervision over deployed personnel in coordination with the DFA and DOLE and other relevant agencies/organizations.
- Tap and allocate funds for supervision of basic welfare services needed by OFWs.
- Under Section 3.2 (DFA), the DFA must:
- Facilitate accreditation of deployed DSWD personnel.
- Assist DSWD in the pre-deployment orientation and other relevant training for assigned personnel.
- Assist in facilitating requisites for deployment.
- Provide logistical support, including adequate office space whenever feasible.
- Undertake administrative and operational supervision of deployed personnel in coordination with DSWD and other relevant agencies/organizations.
- Under Section 3.3 (DOLE), DOLE must:
- Work with DSWD to provide skills training and other welfare services to OFWs to facilitate complementation of services.
- Assist DSWD in the conduct of orientation training and immersion program for the Social Welfare Attache prior to deployment.
Funding and internal implementation
- Section 4 requires the heads of concerned departments and agencies to immediately include responsibilities under Executive Order No. 287 in their respective work programs.
- Section 4 requires them to issue internal guidelines appropriate to implement the order.
- Section 4 provides that funding for the responsibilities under the order shall be included in the annual General Appropriations Act.