REP. RON P. SALO
KABAYAN Party-list
Assistant Majority Leader
Member, Overseas Workers Affairs, Foreign Affairs, and 10 other Committees
SOLON TO DFA, DOLE: IS OFW WELFARE PACT WITH KUWAIT A TREATY? DOES KUWAIT’S PARLIAMENT HAVE A SAY IN ITS EFFECTIVITY?
DOLE Undersecretary Jing Paras said this morning in an interview on ABS-CBN’s morning news magazine program, Umagang Kay Ganda, that on the side of the Kuwaiti government, the draft pact on OFWs’ welfare has to get approval of Kuwait’s parliament.
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https://goo.gl/AErfBqIf that is the case, then the pact is, for all intents and purposes to the Kuwaitis, a treaty. It is not merely an executive agreement. Therefore, on our side, our Senate has to have its say and ratification is a must for it to take full effect.
Although both treaties and executive agreements have the same force and effect under international law, there is value when it is a treaty as it has the imprimatur of the legislative branch. As such, the elected representatives of the people get consulted on its effectivity.
Both the DFA and DOLE must definitively clarify this matter so that Congress will be advised on how to proceed.
The President can still sign the pact when he visits Kuwait, but after that the document may have to be submitted to the Senate for ratification.
Here at the House, although we do not have constitutional treaty ratification power, we can still hold public hearings about the pact with Kuwait so that our constituents are informed and assured of its effectiveness and relevance to OFW welfare.
This pact with Kuwait is crucial. It can serve as a template for future agreements with other countries where the kafala system is still in force and widely practiced. (END)
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