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Relations Commission hears cases regarding OFWs’ deployment, including claims for actual,
moral, exemplary and other forms of damages. The Special Rapporteur was informed that
according to a recently enacted law, victims of illegal recruitment can give a sworn statement
and POEA will coordinate efforts to verify the information.
38.
The Special Rapporteur learned that the number of successful prosecutions for illegal
recruitment remains very low. The unit in charge of prosecuting such cases is reportedly
understaffed and overworked. Often victims are not aware of the procedures for filing
complaints or have no means to do so. Furthermore, as reported by individuals interviewed by
the Special Rapporteur, legal advice and support are often not provided by embassy and consular
personnel abroad. The Special Rapporteur was informed that even when claims are filed, most
of the cases are solved through amicable settlements.
39.
The Special Rapporteur learned with appreciation that the Philippines Human Rights Plan
of Action recognizes that undocumented workers are the most vulnerable to human rights
violations and calls for effective implementation of RA 8042, including through the creation of
anti-illegal recruitment desks in every city, the creation of more job opportunities in the country,
the implementation of a Witness Protection Programme, the speedy resolution of illegal
recruitment cases, the creation of a pool of prosecutors to deal with such cases and a tightening
of departure checks of tourist workers at all international airports. It also calls for the Supreme
Court to immediately designate special courts to hear and decide illegal recruitment cases.
40.
Almost all Philippine embassies and consulates abroad have recorded instances of
trafficking for forced prostitution, illegal labour and the bride trade. Women who travel with
false papers and illegal documents provided to them by illegal recruiters are particularly
vulnerable to trafficking. PCTC recorded 881 cases in the period 1992-March 2001. According
to CFO, 65 per cent of the victims were women and 25 per cent of them were forced into
prostitution; 51 per cent of the victims were trafficked with their consent/knowledge while
47 per cent were deceived. The Government repatriated 38 per cent.5 The Special Rapporteur
was informed that illegal recruiters, organized crime groups, including those involved in
narcotics and arms smuggling, local pimps and procurers, entertainment promoters and
impresarios were the traffickers.
41.
The Special Rapporteur received the testimony of a 15-year-old girl from Zamboanga
del Norte. She reported that on 10 April 2002 she was visited by two friends, 17 and 18 years
old, who convinced her to go with them to Malaysia to work as a waitress. The following day
they were taken by “the broker” to a house in the centre of Zamboanga City together with other
girls. On 13 April they boarded a boat and travelled to Lahad Datu, Malaysia. They were
brought to a hotel where they met a Chinese man who “inspected” the girls one by one, by
making them strip naked. On 14 April, the interviewee was taken to a house in Kota Kinabalu
where she met Tina, a Filipino woman in charge of looking after the girls. Tina gave her a sexy
dress and asked a driver to take her to a hotel where she was left with a Chinese “client”, who
raped her. She tried to resist, but was later told by Tina that she should just obey the orders and
never try to resist again. She was also told that she had to pay off a considerable debt for her
passport, recruitment and travel. She was forced to meet other clients until she was rescued by
embassy personnel on 29 April.