E/CN.4/2003/85/Add.4
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78.
The Special Rapporteur believes that there is still a strong need for government
regulation of the labour export market. A deregulated market-driven labour export industry
would expose OFWs to higher risks of abuse. At the same time, there is a need to forge
international cooperation to strengthen protection of migrants’ rights throughout the migration
process, including in the phase of deportation. The Government participates actively in regional
and international forums and conferences to promote an international migration management
system that safeguards the rights and dignity of migrants. The Special Rapporteur would like to
stress that migration management must be carried out with the dignity of the migrant foremost in
mind. Such dignity is a human right and is not incompatible with national sovereignty.
79.
The Special Rapporteur acknowledges the efforts undertaken at the national level to
tackle the problem of trafficking and smuggling of persons, and welcomes the integration in the
Human Rights Action Plan of provisions referring to irregular migration and the current debate
on the enactment of legislation against trafficking.
80.
The Special Rapporteur believes that, given the magnitude of the phenomenon in the
country, there is a need to address seriously the social costs and effects of migration. In
particular, efforts should be made to combat the adverse affects of migration on children,
including through community support programmes, education and information campaigns and
school programmes. Also, reintegration of OFWs must be facilitated. The process towards
reintegration must begin even before deployment and must involve OFWs’ families and
communities.
VIII. RECOMMENDATIONS
81.
The Special Rapporteur recommends that:
(a)
The Government continue negotiating with receiving countries in order to
conclude agreements and devise policies for the revision of immigration policies and the
regularization of immigrants where there is a strong demand; the repealing of legislation that
discriminates against OFWs and their inclusion in national labour and social legislation; the
protection and non-criminalization of trafficked Filipino women and children; the extradition of
traffickers/recruiters when cases have been filed against them in Philippine courts; the
identification of measures to combat the phenomenon of mail-order brides;
(b)
The Government’s protection through RA 8042 be maintained and strengthened,
including through better coordination between different government agencies abroad to assist
OFWs in distress; strengthened assistance, including in the area of physical and mental health;
better dissemination of travel advice; an increased number of PDOs and PEOs and an updating
and revision of the teaching material to include subjects such as the social costs of migration,
prevention of HIV/AIDS, gender issues, measures and mechanisms of redress in case of contract
violations and other illegal practices; provision of pre-departure information to family members;
timely disbursement under the pre-departure and family assistance loans; provision of gender
training to government personnel abroad;