Supreme Court E-Library
Information At Your Fingertips

January 18, 2003

The Department of Labor and Employment, Republic of the Philippines and the Department of Manpower and Transmigration of the Republic of Indonesia, hereinafter referred to as the "Parties".

CONFIRMING the fraternal and cordial ties existing between the governments and peoples of the two countries;

RECOGNIZING the importance of enhancing the effective management of migration in order to promote and protect the welfare and rights of the Philippine and Indonesian migrant workers abroad;

DESIRING to strengthen and broaden cooperation and understanding towards achieving their mutual aspirations; and

PURSUANT to the prevailing laws and regulations of their respective countries;

HAVE AGREED AS FOLLOWS:

ARTICLE I
GENERAL PROVISIONS

1. This Memorandum of Understanding provides the framework within which detailed proposals for cooperation in the promotion and protection of the welfare and rights of migrant workers are to be considered between the Parties on the basis of mutual benefit and reciprocity;

2. The Parties will endeavor to encourage and facilitate, as appropriate, the development of cooperative undertakings between government institutions and other entities of the Philippines and Indonesia;

ARTICLE II
FIELDS OF COOPERATION

The Parties have identified the following fields as priorities for joint initiative and cooperation:

a) Promotion and protection of welfare and rights of migrant workers;

b) Training and certification of migrant workers; and

c) Provision of legal aids for the protection of rights of migrant workers.

ARTICLE III
FORMS OF COOPERATION

Forms of cooperation envisaged under this Memorandum of Understanding include:

a) Exchange of experts and staff of relevant Government institutions;

b) Exchange of information, material, programs and systems in the relevant fields;

c) Exchange of experience in all cooperating fields through meetings and networking system;

d) Development of joint efforts to promote and protect the welfare and rights of migrant workers;

e) Development of joint efforts to provide legal aids for the protection of the rights of migrant workers;

f) Development of collaborative training, joint research and development;

g) Cooperation with labor-sending countries and host governments on the promotion and protection of migrant workers welfare and rights, and

h) Other forms of cooperation that may be mutually agreed upon.

ARTICLE IV
IMPLEMENTATION

1. The Parties shall establish a Steering Committee to implement this Memorandum of Understanding. The Steering Committee shall be composed of senior officials of both Parties and will meet at least annually, or as the Parties may otherwise mutually determine, to review the operation of the Memorandum of Understanding. The Steering Committee will be responsible for coordinating the implementation of programs in their respective countries.

2. The Parties will establish Joint Working Groups in receiving countries through their respective embassies or labor offices, as appropriate and as needed, to promote and protect the welfare and rights of their migrant workers. The Joint Working Groups shall meet regularly and shall pursue programs on site in close coordination with the Steering Committee.

3. The cost of the cooperation activities will be funded as mutually determined and shall be subject to the availability of funds from appropriate international and domestic funding sources.

ARTICLE V
SETTLEMENT OF DISPUTES

Any dispute between the Parties arising out of the interpretation or implementation of this Memorandum of Understanding shall be settled amicably, through diplomatic channels, by consultations or negotiations.

ARTICLE VI
AMENDMENT

This Memorandum of Understanding can be revised or amended at anytime by mutual written consent of the Parties. Such revisions or amendments shall enter into force on such date as may be determined by the Parties, and shall form an integral part of this Memorandum of Understanding.

ARTICLE VII
ENTRY INTO FORCE, DURATION AND TERMINATION

1. This Memorandum of Understanding shall enter into force on the date of the latest written notification by the Parties, indicating that the internal procedure for its entry into force have been complied with.

2. This Memorandum of Understanding shall be valid for a period of five (5) years and be automatically renewed for similar periods unless either Party notifies in writing, through diplomatic channels, of its intention to denounce this Memorandum of Understanding six (6) months prior to its expiration.

3. The termination of this Memorandum of Understanding shall not affect the validity and duration of any arrangement made under this Memorandum of Understanding.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Memorandum of Understanding.

DONE in duplicate at Bali, Indonesia on the 18th day of January in the year of two thousand and three in the English language, both texts being equally authentic.