E/CN.4/2003/85/Add.4 page 12 C. Illegal recruitment 32. By “illegal recruitment” RA 8042 not only means illegal recruitment of non-licensed entities, but also the malpractice of licensed agencies. Illegal recruitment is an offence that carries severe penalties. 33. The Special Rapporteur was informed that irregular migration is a large-scale phenomenon. Workers overstay their visas, change contract without authorization, illegally enter countries or enter countries as tourists and engage in employment without authorization. A recurring phenomenon is “runaways”: OFWs leaving their employment to escape a difficult situation or to seek different employment before the mandatory return to their country. The Special Rapporteur was informed that this is particularly frequent in countries where unskilled migrants are admitted with contracts of very short duration. 34. The Philippine Centre for Trans-National Crime (PCTC) informed the Special Rapporteur that the main countries of destination of undocumented Filipinos are the United States, Singapore, Canada, Japan, Italy, the United Kingdom, Saudi Arabia, Greece, Germany and France. Irregular OFWs in Japan, Korea, Taiwan, Hong Kong, Singapore and the Middle East are mainly engaged in manual work, such as construction, textiles and manufacturing. Women are mainly engaged as domestic workers or entertainers. Most irregular workers experience difficult living and working conditions and are particularly vulnerable to abuse. The Special Rapporteur was informed that in Middle Eastern countries contracts are often changed to the detriment of OFWs. 35. The Special Rapporteur was concerned to learn that many recruitment agencies engage in recruitment activities without a proper licence. Even licensed agencies commit violations such as contract substitution, exaction of fees above the established amount and advertisement of non-existent jobs. 36. The full disclosure policy, whereby all parties to a contract declare the real terms and conditions of all aspects of the workers’ employment, is often not implemented. Some women interviewed by the Special Rapporteur reported that they did not even know the names of their employers when they left to work as domestic workers abroad. Disclosing the real terms of contract might in fact discourage potential OFWs. No sanctions are imposed on recruitment and placement agencies violating the policy. 37. Migrants who are victims of illegal recruitment should file their case with the Legal Assistance Division (LAD) of the Anti-Illegal Recruitment Branch of POEA. LAD forwards the case to the Operation and Surveillance Division (ODS) which checks if the agency is licensed. If it isn’t, ODS ensures that it stops operating. The case is then referred to the Prosecution Division which will assist the complainant to file the case with the Office of the Fiscal. POEA lawyers help the victim during the preliminary investigation. A criminal action arising from illegal recruitment must be filed with the Regional Trial Court of the province or city of residence of the offended party, or where the act was committed. The Labour Arbiters of the National Labour