No to Teehankee as DFA Usec; he abused one of our own

On December 17, 2014, the Geneva Police Court in Switzerland found Atty. Manuel A.J. Teehankee guilty of usury (Article 157 Swiss Criminal Code) (criminal case of usury, P/16272/2005) and sentenced him to “60 days” on probation and a fine of 400 Swiss francs for paying his Filipino domestic worker or kasambahay only 12 percent of Geneva’s legislated minimum wage.

The worker claimed to have worked, from 6 a.m. to midnight every single day and was not allowed to take at least one day off per week. Atty. Teehankee did not appeal this conviction.

The Geneva Court ruling was a decade in the making. The OFW kasambahay filed the case against Teehankee, then-Ambassador to the World Trade Organization (WTO), way back in March 2005 after she stopped working for him to protest the non-payment of her wages (which she could do without loss in her salary by virtue of a Decision by the Swiss Supreme Court dated May 24, 1994, published in ATF/BGE 120 (1994) II pag 209ff, 212). The case dragged on for ten years because Atty. Teehankee, invoked his right to diplomatic immunity.

The kasambahay first filed the case at the office for amicable settlements put in place by the Swiss government for claims against diplomats. It was only after having tried in vain to reach an amicable agreement that the OFW kasambahay filed a criminal case, in September 2005, and that Atty. Teehankee agreed, in February 2006, to pay the minimum wages due until the day she had stopped working. He, however, refused to pay any compensation for overtime, annual leave and unjust dismissal. In retaliation, he terminated her contract a few days after she had stopped working.

We know all these to be true not simply because the Geneva Court proceedings are a matter of public record, but also because we, migrant-advocacy groups based in the Philippines and in Geneva, were actively involved in the pursuance of this case and other similar cases involving our own diplomats as employers of Filipino migrant domestic workers. [See Probe team report by Ms. Cheche Lazaro—part 1 and part 2]

Yes, the case has been resolved, but obviously, we have not learned the important lesson: The exploitation of kasambahays by diplomats is not acceptable, and we must do everything to prevent cases like this one from recurring.

We must stop diplomats from believing that they can abuse kasambahays without consequence by going behind the cloak of “diplomatic immunity.” We must stop the DFA from believing that it is not in its mandate to hold DFA personnel accountable over “personal issues.” The welfare of our OFWs, especially the most vulnerable among them like the kasambahays, is never simply a personal matter. It is always a matter of public interest and social justice.

We are thus appealing to President Rodrigo Duterte to recall the appointment of Atty. Manuel A.J. Teehankee as DFA Undersecretary for International Economic Relations. Atty. Teehankee exploited one of our own. That behavior is unbecoming of any Filipino public servant whose mandate is to protect Filipinos.

Mr. President, you keep on saying that you love the Philippines and will do everything to protect Filipinos. You are not alone in this. We, too, care about Filipinos especially our kababayans who have to fend for themselves while working abroad, often without the benefit of government or social support.

Mr. President, if you retain him as DFA Undersecretary you will be sending the wrong and dangerous message that it is acceptable for Filipinos to exploit other Filipinos especially those deemed inferior in social status — just because they (the abusers) are “needed” in government. We appeal to you to send this public message instead: Filipino domestic workers, here and abroad, are human beings and our most important resources, not commodities, and that we — government and citizens — have to treat these workers with respect and dignity.

When the ones who have sworn to protect are the ones who exploit — that is the worst kind of exploitation. No to Atty. Manuel A.J. Teehankee as DFA Undersecretary! He exploited one of our own.

Ellene A. Sana is CMA Executive Director email: [email protected] telephones: 4330684/ 990 5140; Joseph Sycip is with  Geneva Forum for Philippine Concers (GFPC)
 email: [email protected] telephone: +41 22 7385026.