E/CN.4/2003/85/Add.4
page 11
27.
RA 8042 identifies the possession of skills as the best defence against abuses. However,
the labour export industry is demand driven and the demand is mainly for unskilled work, often
unregulated and involving hard working conditions. The Special Rapporteur was concerned to
learn that OFWs are often overskilled and overqualified for the jobs they are assigned, which
results in the loss of skills.
28.
The Special Rapporteur also learned about the efforts of the Government to regulate the
overseas artist sector in order to protect women and limit the deployment of clearly unqualified
artists, with a view to protecting them from being forced into sex work. However, the high
demand for “entertainers” favours illegal practices. Officials of the Technical Education and
Skills Development Authority reported cases in which testing officers were paid to issue the
certifications necessary to obtain entertainer visas. In the 1990s, responding to sensational cases
involving Filipino women, the Government established 23 as the minimum age for entertainers.
However, migration authorities informed the Special Rapporteur that age requirements are
constantly violated and passports easily forged.
29.
The Philippines sends abroad an average of 35,000 entertainers each year,
about 95 per cent of them to Japan. The Special Rapporteur was informed that upon arrival
in Japan, Filipina entertainers are often required to surrender their documents to the employer
and are obliged to work as hostesses, stripteasers and sex workers. Reports of Filipina children
working in the “entertainment business” in Japan were also provided by individuals and NGOs.
The Special Rapporteur interviewed a 28-year-old Filipino woman who said that when she
was 21 she was introduced by her cousin to a promotion agency for entertainers. The agency
forged a birth certificate and flew her to Japan on 20 June 1995. There she was taken to a club
by the representative of the promotion agency. The club owner took her passport, told her to put
on a sexy outfit and assigned her to another entertainer who showed her how to serve drinks and
entertain customers. She was made to go on private dates with customers and reported that she
was often sexually harassed and forced to work long hours.
30.
Reportedly in Victoria, Australia, the sex industry has a turnover of over US$ 360 million
every year. In Japan the sex industry accounts for 1 per cent of the country’s gross national
product and is equal to the defence budget. In Thailand, the income generated by the sex trade is
even more striking. DOLE recently revised guidelines for the training, testing, certification and
deployment of overseas performing artists (OPAs), transferring the responsibility for
determining who may or may not work abroad as OPAs to the same people who recruit the
applicants, with considerable profit to themselves. The Special Rapporteur believes that even
though strong economic interests undermine the effectiveness of the Government’s protection
efforts, it is essential that such efforts continue and be strengthened.
31.
The Act provides OFWs the right to participate in the democratic decision-making
process and to be represented in institutions involved in overseas employment.
The 1987 Constitution requires Congress to establish a system allowing that Filipinos
overseas can exercise their right to vote. However, for over 14 years, the Congress has failed to
approve relevant legislation.