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Slain Filipina in freezer shows risks to overseas workers

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Slain Filipina in freezer shows risks to overseas workers
News

News

Slain Filipina in freezer shows risks to overseas workers

2018-03-05 10:29 Last Updated At:11:30

When Joanna Demafelis' indebted family needed money to fix their typhoon-battered home, she followed in the footsteps of millions of other Filipinos and left to find work overseas. And like far too many Filipinos, her journey ended in tragedy.

FILE - In this photo taken Friday, Feb. 16, 2018, relatives of Joanna Demafelis, whose corpse was found in a freezer in Kuwait, react as her casket arrives at the Ninoy Aquino International Airport in Manila, Philippines. (AP Photo/Bullit Marquez, File)

FILE - In this photo taken Friday, Feb. 16, 2018, relatives of Joanna Demafelis, whose corpse was found in a freezer in Kuwait, react as her casket arrives at the Ninoy Aquino International Airport in Manila, Philippines. (AP Photo/Bullit Marquez, File)

Demafelis' mutilated body was found last month inside a freezer in an abandoned apartment in Kuwait, where she worked as a housemaid for a Lebanese man and his Syrian wife. She had likely been dead for more than a year.

Demafelis' flower-draped coffin sat Friday in her family home in rural Sara town in central Iloilo province, where relatives, who had alerted authorities in 2016 that she was missing, honored her memory and called for justice.

In this Feb. 22, 2018, file photo provided by the Office of the Special Assistant to the President, Philippine President Rodrigo Duterte, second from left, attends the wake for the overseas worker killed in Kuwait, Joanna Demafelis in Iloilo city, central Philippines. (AP Photo/Christopher "Bong" Go, Special Assistant to the President)

In this Feb. 22, 2018, file photo provided by the Office of the Special Assistant to the President, Philippine President Rodrigo Duterte, second from left, attends the wake for the overseas worker killed in Kuwait, Joanna Demafelis in Iloilo city, central Philippines. (AP Photo/Christopher "Bong" Go, Special Assistant to the President)

"We'll miss her. She was so kind to all of us," her brother Joejet Demafelis said, adding hundreds of relatives and friends came on the eve of her burial.

Her slaying is the latest tragedy to befall an overseas worker from the Philippines, where about a tenth of the nation's 100 million people toil in more than 200 countries worldwide to provide for families back home. Last year, those workers sent home more than $31 billion, accounting for 10 percent of the country's gross domestic product.

Officials warn Demafelis' death won't be the last. They say a dangerous mix of poverty, spotty enforcement of labor laws, difficult conditions especially in Arab nations, and the logistical nightmare of watching over huge numbers of workers abroad means other tragedies are inevitable.

A woman looks at help wanted signs outside a recruitment agency for jobs abroad in Manila, Philippines, Friday, March 2, 2018. (AP Photo/Aaron Favila)

A woman looks at help wanted signs outside a recruitment agency for jobs abroad in Manila, Philippines, Friday, March 2, 2018. (AP Photo/Aaron Favila)

"You gnash your teeth and ask 'Why is this happening?'" Sen. Franklin Drilon, a former labor secretary, said in an interview, adding that laws meant to protect workers needed to be enforced. "Certainly, it can happen again."

President Rodrigo Duterte has responded to Demafelis' death by banning the deployment of Filipino workers to Kuwait, though that won't affect the more than 250,000 Filipinos still working in the oil-rich nation. The Philippine Senate, meanwhile, has opened an inquiry into what went wrong.

A woman passes help wanted signs outside a recruitment agency for jobs abroad in Manila, Philippines, Friday, March 2, 2018. (AP Photo/Aaron Favila)

A woman passes help wanted signs outside a recruitment agency for jobs abroad in Manila, Philippines, Friday, March 2, 2018. (AP Photo/Aaron Favila)

The president, who is prone at making public outbursts, also lashed out at Middle East nations.

"The Filipino is no slave to anyone, anywhere and everywhere," an enraged Duterte said shortly after Demafelis' body was found. "We send to you a Filipino worker, hale and hearty ... do not give us back a battered worker or a mutilated corpse."

But deaths among the army of Filipino workers abroad aren't new. Nearly 200 Filipino workers died in Kuwait over the last two years, mostly due to health reasons, but 22 cases were suicides or fatal criminal attacks, said Hans Cacdac, head of the Overseas Workers Welfare Administration in Manila.

Cacdac said 45,000 to 50,000 "distress cases" are reported each year, many of them in Arab countries.

The sixth of nine children of a poor farmer, Demafelis did not go to college and flew to Kuwait in 2014. She had wanted to earn money to repair the family house, which was battered by Typhoon Haiyan the year before, reacquire a small piece of farmland that had been mortgaged, and help pay tuition for a sibling to finish a criminology course.

"Those were her dreams that prompted her to leave," her elder brother Joejet Demafelis told The Associated Press.

For more than a century Filipinos have been doing the same. Under American colonial rule in the early 1900s, Filipinos traveled to work on pineapple plantations in Hawaii and later in fish canneries in Alaska and elsewhere on the mainland until entry restrictions eased the exodus.

In the 1970s, a construction boom in the Middle East lured more workers out of the Philippines, which had heightened political and economic uncertainties under then President Ferdinand Marcos. The Philippines labor export policy at the time addressed unemployment at home and generated badly needed foreign exchange to bolster the economy.

As the number of workers climbed, so did incidents that strained Philippine ties with host countries, such as abuse of Filipinos at the hands of employers or Filipinos committing crimes.

A 1995 case in which a Filipina housemaid was convicted of murder and executed in Singapore despite her pleas of innocence, prompted outrage in Manila and fresh legislation meant to set a higher standard of protection for workers, their families, and Filipinos in distress. Countries of destination needed to be able to guarantee the rights of workers by having signed agreements with the Philippines.

The law also set a policy that the country would "as soon as practicable" allow only skilled workers to be deployed overseas and would try to wean the country off of dependence on the earnings of migrant workers.

The law has clearly had mixed results and officials acknowledge that Demafelis fell through the cracks in its safety nets.

Demafelis' calls to her family were brief and scant and she did not mention any problem, according to her sister Joyce Demafelis. When she stopped calling in 2016, her family started to get worried and notified authorities in December that year, Joejet Demafelis said.

He said authorities did not take adequate steps to find out what happened.

Inquiries about Demafelis were passed on to a Filipino labor officer in Kuwait but the officer was too overwhelmed with complaints, Labor Secretary Silvestre Bello III said.

"I asked why no action was taken and I was told it was humanly impossible to attend to them ... there was too much work," Bello said, adding he did not accept that excuse and recalled the Kuwait-based officer and two others.

Demafelis' employers have reportedly been arrested, though few details surrounding her slaying are known, including when and how she was killed.

Unlike professionals who work in offices, housemaids are particularly vulnerable to abuse given that they work in the privacy of homes out of sight of authorities, said Bernard Olalia, who heads the Philippine Overseas Employment Administration, which regulates the deployment of Filipinos abroad.

In some countries, such as Kuwait, employers often keep the passports and cellphones of their maids to prevent them from fleeing, but it also cuts them off from their families and other support systems, Olalia said.

An option the government is considering is to ban Filipina maids from being deployed but continue allowing professionals to seek jobs abroad, Olalia said.

Amid the outrage over Demafelis' death, Philippine labor officials have pledged to shoulder the repair of her family's house, where relatives were preparing for her funeral Saturday. The government will also send her sibling through college and finance the reacquisition of her family's farmland.

"We wish all of these would have happened," Joejet Demafelis said. "But never at the cost of her life."

NEW ORLEANS (AP) — The man who fatally shot retired NFL star Will Smith during a confrontation following a car crash in 2016 received a 25-year prison sentence Thursday in a New Orleans courtroom.

It was the second time Cardell Hayes, 36, had faced sentencing in Smith's death. He was convicted of manslaughter in December 2016 and later sentenced to 25 years. But the jury vote had been 10-2 and the conviction was later tossed after the U.S. Supreme Court outlawed such non-unanimous verdicts. After a new trial, Hayes was convicted by a unanimous jury in January.

In handing down the sentence, Judge Camille Buras acknowledged the strong support Hayes received from friends and family. But she noted that both Hayes and a companion were armed when they exited Hayes’ car after the crash, and that Smith was unarmed.

Smith was shot eight times — seven times in the back — during the confrontation with Hayes that happened after Hayes’ SUV struck the rear of Smith’s vehicle.

Smith’s daughter Lisa, now a teenager, was among those who spoke in court before the sentencing. She said her mother had to relearn to walk after the shooting and she lamented not having her father around for major life events.

“Mr. Hayes, you ruined my life,” she said. “You took my father away from me.”

In testimony in support of Hayes, his mother, Dawn Mumphrey, expressed sorrow for the loss of Smith. “Our lives are forever changed as well,” she said, her voice shaking. She tearfully looked at the judge. “I ask for your mercy,” she said.

Hayes has long said he fired in self-defense. He said he fired only because he believed a drunken and belligerent Smith had retrieved a gun from his SUV. He insisted on the stand that he heard a “pop” before he started shooting and that he did not shoot at Smith’s wife, Racquel, who was hit in the legs.

Evidence showed Smith was intoxicated at the time of the confrontation. But there was no witness or forensic evidence to back up Hayes’ claim that Smith had wielded or fired a weapon. At the January retrial, defense attorney John Fuller did not call Hayes to testify, but insisted prosecutors had failed to prove Hayes didn't fire in self-defense.

Hayes was released on bond after having served more than four years of the original sentence. He remained free during multiple retrial delays, some due to the COVID-19 pandemic. But he was taken back into custody following the unanimous Jan. 27 verdict and had been awaiting sentencing at the New Orleans jail.

The overturned verdicts from the 2016 jury also included an attempted manslaughter conviction in the wounding of Racquel Smith. Hayes was acquitted of that charge at January's second trial.

Before Thursday's sentencing, about two dozen of Hayes’ family and friends formed a circle and prayed in the wide courthouse hallway.

Smith, a 34-year-old father of three, was a defensive leader on the Saints team that lifted spirits in New Orleans after Hurricane Katrina devastated the city in 2005. He helped carry the team to a winning season in 2006 and a Super Bowl victory in 2010. In college, he starred for Ohio State University, where he helped the Buckeyes win the 2002 national championship.

Hayes, who owned a tow truck business, once played semi-pro football and is the father of a young son.

FILE - New Orleans Saints defensive end Will Smith appears before an NFL football game against the New York Giants, Dec. 9, 2012, in East Rutherford, N.J. Cardell Hayes, the man who fatally shot the retired NFL star during a confrontation following a car crash in 2016, is scheduled for sentencing Thursday, April 25, 2024, in a New Orleans courtroom. (AP Photo/Bill Kostroun, File)

FILE - New Orleans Saints defensive end Will Smith appears before an NFL football game against the New York Giants, Dec. 9, 2012, in East Rutherford, N.J. Cardell Hayes, the man who fatally shot the retired NFL star during a confrontation following a car crash in 2016, is scheduled for sentencing Thursday, April 25, 2024, in a New Orleans courtroom. (AP Photo/Bill Kostroun, File)

FILE - Cardell Hayes enters Orleans Parish Criminal District Court in New Orleans, Sept. 20, 2023, for a hearing regarding his retrial for shooting former NFL star Will Smith. Hayes is scheduled for sentencing Thursday, April 25, 2024, in a New Orleans courtroom. (AP Photo/Gerald Herbert, File)

FILE - Cardell Hayes enters Orleans Parish Criminal District Court in New Orleans, Sept. 20, 2023, for a hearing regarding his retrial for shooting former NFL star Will Smith. Hayes is scheduled for sentencing Thursday, April 25, 2024, in a New Orleans courtroom. (AP Photo/Gerald Herbert, File)

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