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abandonment some children take up gambling, drinking, fighting, stealing and using drugs.
Often, children are not told about the situation of their parent living abroad. Most of the parents
intentionally do not keep their spouses regularly informed about the situation at home in order
not to make them worry. The lack of effective and regular communications leads to the family’s
growing apart.
19.
A few countries provide for family reunification; others, like Saudi Arabia, condition this
possibility on the specific work of OFWs. However, children taken abroad as dependants often
face difficulties in integrating into the new culture, language, way of life and school system.
20.
The Special Rapporteur learned that the Philippines supplies at least 20 per cent of the
world’s sailors. In their desire to secure one of the few positions available, sailors become
victims of illegal recruiters and abuses including low wages, living and working conditions
below international standards, and delays in payment of wages. About 70 per cent of employed
sailors are on board flag of convenience (FOC) ships and their problems are worsened by illegal
termination of contracts and fear of reprisals or of being blacklisted by the shipowner or the
recruiting agent if they claim their rights, and by problems of legislation when they file claims.
III. MIGRATION MANAGEMENT
A. Republic Act 8042
21.
Republic Act (RA) 8042, the “Act to Institute the Policies of Employment and Establish a
Higher Standard of Protection and Promotion of Welfare of Migrant Workers, Their Families
and Overseas Filipinos in Distress, and for Other Purposes”, better known as the Migrant
Workers and Overseas Filipinos Act, represents the main legal framework for the Philippine
labour export system. In the Act, “migrant worker” or “overseas Filipino worker (OFW)” refers
to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a
State of which he or she is not a legal resident.
22.
Under the Act two departments of the executive are principally responsible for promoting
the welfare and protecting the rights of OFWs: the Department of Foreign Affairs (DFA) and
the Department of Labour and Employment (DOLE). Under DOLE are POEA and OWWA.
DFA shall take priority action and make representation with concerned foreign authorities to
protect the rights of OFWs and give them assistance. DOLE is responsible for monitoring the
fair application of labour and social welfare laws of receiving countries with regard to OFWs,
including questions of legal assistance and medical referral. POEA regulates, through a
licensing and registration system, the private sector participation in the recruitment and
placement of workers. OWWA shall provide assistance to OFWs and their families for the
enforcement of contractual obligations by agencies or employers.
23.
The Act provides for the creation of the Office for the Legal Assistance for Migrant
Workers Affairs (OLAMWA) under DFA. OLAMWA is responsible for the provision of all
legal assistance services to OFWs and overseas Filipinos in distress. A legal assistance fund has
been created under which the following costs can be covered: fees of competent private counsel;