E/CN.4/2003/85/Add.4 page 20 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.

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