ADVISORY ON OVERSEAS FILIPINO WORKERS ON DEATH ROW

Overview

To bring the Philippines’ attention to the plight of OFWs who are at risk of execution abroad.

To remind the Philippines that it is a State Party to the ICCPR and its Second Optional Protocol.
The ICCPR and the Second Optional Protocol were ratified by the Philippines, and these contain
express provisions defending the right to life and precluding reinstatement of the death penalty.

Background

The Philippines’ ratification of the ICCPR in 1986 signalled to protecting and upholding civil and
political rights, including the right to life, outlined under Article 6. This was followed by the
Philippines abolishing the death penalty through the adoption of the Constitution in 1987. As a
result, the Philippines became the first country in Asia to abolish the death penalty.

The death penalty was reintroduced in the Philippines in 1993 and executions were carried out as
recently as 1999.

In 2006, the Philippines abolished the death penalty for the second time which was followed by the
ratification of the Second Optional Protocol to the ICCPR. Article 1 of the Second Optional
Protocol prohibits states from introducing the death penalty and Article 6 prevents states from
withdrawing from the Protocol.

There is therefore no mechanism by which the Philippine can withdraw from the Protocol; as such,
the Philippines cannot introduce the death penalty as this would be inconsistent with its obligations
under international law.

The Death Penalty as a Form of Torture

Death penalty is irreconcilable with the prohibition against torture and cruel, inhuman or degrading
treatment. Death penalty violates international law as its application amounts to a form of torture or
can be considered cruel, inhuman or degrading treatment and punishment.

Situation of OFWs

According to the PSA, the total number of OFWs at any time between April and September 2016
was estimated to be around 2.2 Million with more female OFWs than male, and most OFWs come
from the 25-39 age range.

OFWs play an important role for the Philippines through the contribution of cash remittance
inflows. In 2016, OFWs contributed $21.3 Billion to the Filipino economy.
The leading destinations for OFWs are Gulf States in the Middle East specifically, Saudi Arabia,
UAE, Kuwait and Qatar. All of these states continue to apply the death penalty.

A number of OFWs are also victims of human trafficking.

OFWs and the Death Penalty

In April 2017, the DFA reported that 73 Filipinos were awaiting execution. The majority of these
cases were in Malaysia and Saudi Arabia, with the alleged crimes including offenses such as murder
and drug trafficking.

Case Studies of OFWs on Death Row

Jennifer Dalquez

Dalquez was charged with killing her male employer and sentenced to death. Dalquez maintained
her innocence throughout the process, arguing that she was defending herself from her employer’s
attempts to attack and rape her. Dalquez was subsequently declared innocent by the Court of
Appeals in Al Ain.

Sally Villanueva, Ramon Credo and Elizabeth Batain

These three Filipino nationals were each arrested separately in 2008, carrying packages of heroin into
China, a crime punishable by death. The three were notified of their death sentence the day of
execution, prior to which they were permitted to meet with their families for one hour.

In reaction to the proposed executions, VP Binay appealed to the Chinese government to keep the
Filipinos alive while new evidence was investigated. Despite this, the three were executed.

Mary Jane Veloso

In 2010 she was detained in Indonesia for smuggling drugs, a crime punishable by death. Veloso has
consistently maintained her innocence, claiming that her recruiter had deceived her into flying to
Indonesia with a suitcase containing over 2kgs of heroin. Spanning from 2011 to 2015, the
Philippine government made multiple of appeals for clemency, all of which were denied. Veloso was
granted a reprieve by the Indonesian government a mere few hours before her scheduled execution.
She remains on death row in Indonesia. As to the current status of the case, Veloso was initially
allowed by Indonesia to testify. Veloso’s parents then filed a case with the SC to reverse the said
order, which has not yet been decided by the SC.

Jakatia Pawa

An OFW in Kuwait, was executed in 2017 after being accused of murdering her employers’
daughter.

Zaini Misrin
In April 2018, Misrin was executed in Saudi Arabia, for allegedly murdering his employer, in spite of
strong evidence suggesting otherwise.

Contradiction in proposed Policies

If death penalty is reintroduced in the Philippines, the ability of our government to advocate on
behalf of its citizens will be undermined.

The positions taken by the government which clearly indicate a desire to reimpose the death penalty
in the Philippines vis-a-vis their wish to save the lives of OFWs facing the death penalty abroad are
conflicted.

Hence, the government would have more legitimacy and success in protecting its citizenry abroad if
it retained its global position as a country without the death penalty.

Recommendations

The Bill to reinstate the death penalty should not be passed.

State to recognize its obligations as a State Party to the ICCPR and its Second Optional Protocol.
State should push for receiving countries to enunciate the non-punishment principle for victims of
human trafficking, and work to introduce mechanisms to protect victims of human trafficking on a
global scale.