E/CN.4/2003/85/Add.4
page 3
In view of the above, the Special Rapporteur makes the following recommendations:
(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; and 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 the 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; and increased number of pre-departure orientation seminars
and pre-employment orientation seminars 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; and provision of gender training to government
personnel abroad;
(c)
Existing proposals for amendments concerning the following issues also be
considered: intensification of skills development programmes for OFWs; provision of sanctions
for negligence on the part of embassy personnel; creating a credit assistance programme for
OFWs; and creating a new medical care programme for OFWs, including preventive and
rehabilitative programmes;
(d)
Action to combat illegal recruitment, trafficking and smuggling be strengthened,
including by strengthening the licensing system for recruiting agencies; undertaking regular
inspections to PDOs; ensuring that passports are not forged by asking workers to obtain them
directly from the Department of Foreign Affairs (DFA); enabling OFWs to report contract
substitutions or alterations by providing adequate information and legal assistance abroad;
establishing sanctions for violations of the full-disclosure policy; creating special courts to deal
with cases of illegal recruitment; providing judicial organs in charge of prosecution with the
necessary resources; strengthening the information and data system on migration; strengthening
community-based organizations and activities to detect, report and monitor cases of trafficking
and smuggling; and strengthening the certification procedure for entertainers and tightening
controls for the provision of entertainer’s visas;
(e)
promptly;
A law on trafficking and smuggling and the absentee voting bill be enacted
(f)
Incentives be provided to OFWs intending to invest in the country, including tax
incentives, technical training/advice and support programmes, such as viable credit;