E/CN.4/2003/85/Add.4
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without a warrant and that his visa was valid. He believed that his wife wanted to take his
possessions and said that he had filed three cases with the courts, but had not been brought
before a judge. The wife had sold the restaurant and the land that they had bought together.
Reportedly, he could not afford a lawyer. Other interviewees, from Taiwan, Bahrain, Germany
and elsewhere, gave similar accounts.
74.
According to the law of the Philippines, an immigration visa can be granted to foreign
spouses of Philippine citizens upon presentation of proof that they contracted a valid marriage,
and under other specific conditions. The law provides that a marriage contracted by a foreigner
for the purpose of evading immigration requirements may, upon the presentation of substantial
proof, subject the foreign spouse to deportation proceedings. The immigrant visa issued to a
foreign spouse can also be cancelled for a violation of the Immigration Act, a judicial finding
that the marriage was void, legal separation of the spouses, annulment of the marriage, or
divorce. The property relations of the spouses are generally governed by Philippine law.
Almost all persons interviewed by the Special Rapporteur implied that the law is interpreted and
implemented in a way that gives the Filipino spouse excessive power over the determination of
the legality of the foreigner’s stay in the country and that often that power is exercised for
economic reasons.
VII. CONCLUSIONS
75.
The Government of the Philippines has put into place a comprehensive system to manage
the labour export industry, in recognition of the State’s responsibility to protect the human rights
of OFWs and their families.
76.
The Special Rapporteur was impressed by the wealth of civil society organizations
working for the promotion and protection of the human rights of migrants and by the good
communications between the Government and civil society on this issue. The Special
Rapporteur also personally witnessed valuable programmes run by non-governmental
organizations in cooperation with government agencies.
77.
The comprehensive mechanisms put in place by RA 8042 to protect the human rights of
OFWs are not always effective. On the one hand, government agencies entrusted with the task
of implementing the Act have reported financial and personnel constraints that undermine the
effectiveness and quality of their services, while legislative, administrative, policy and cultural
obstacles to effective and efficient protection of the human rights of OFWs still exist. On the
other hand, national protection and oversight are not sufficient to guarantee the rights of migrants
if they are not accompanied by agreements with countries of destination, especially where there
is a high demand for unskilled labour and the laws and practices are not in line with international
human rights standards. The Government has undertaken efforts to conclude bilateral and
multilateral agreements with countries of destination of OFWs, not always with success. Efforts
by the Government to limit deployment to countries where OFWs are more vulnerable to abuses
gave rise to protests by Filipinos/as in search of a better life, as well as to illegal practices,
further increasing the vulnerability of OFWs.