E/CN.4/2003/85/Add.4
page 14
42.
The Philippines has ratified the United Nations Convention against Transnational
Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the Convention. However, there is no national
legislation on the crime of trafficking. At the time of the visit, there was a bill before the joint
Senate Committees on Youth and on Women and Family on an Anti-Trafficking Act that had
already been approved by the House of Representatives.6
43.
The Special Rapporteur noted with concern that women migrants are particularly
vulnerable to trafficking and smuggling. The lack of information on national legislation on
migration and on the conditions of work in countries abroad, the lack of awareness of the risks of
irregular migration, the difficult economic conditions, the existence of a net of unscrupulous
illegal recruiters, the high demand for sex workers and widespread impunity are all factors that
increase the vulnerability of Filipino migrant women to victimization by trafficking and
smuggling criminal networks.
44.
The Special Rapporteur learned about a number of interesting programmes and initiatives
implemented both by government agencies and NGOs aimed at tackling the above-mentioned
issues. These include information campaigns on the risk of illegal recruitment and raising
awareness of legal migration channels and procedures and legal redress for violations and abuses
suffered. The Special Rapporteur repeatedly stressed that consular protection abroad should
include physical and mental health assistance, especially for women victims of trafficking and
smuggling, and noted with appreciation that initiatives had been undertaken in this regard.
45.
The Special Rapporteur learned with appreciation that bilateral and multilateral
agreements are being sought so that victims of human trafficking and smuggling are not treated
as offenders. A high-level governmental Working Group on Human Trafficking was established
to develop a national strategy against trafficking and smuggling of persons. Other interesting
programmes and projects brought to the attention of the Special Rapporteur were the
Philippines-Belgium project on trafficking which aims to educate and train the public in
preventive actions and provide social and legal assistance to victims. The Special Rapporteur
visited PCTC and was informed that the Centre has the task of formulating and implementing a
concerted programme of action of all law enforcement, intelligence and other government
agencies for the prevention and control of, inter alia, trafficking in women and children,
particularly through improved coordination, research and the collection and centralization of
data.
D. Services
46.
RA 8042 also provides for the following services: travel advice/information by all
embassies and consular offices; repatriation of workers by the recruiting agency/emergency
reparation fund; mandatory repatriation of under-age OFWs; establishment of “Replacement and
Monitoring Centres”; establishment of “OFWs and other Filipinos Resource Centres” under the
jurisdiction of the embassies; establishment of a “Shared Government Information System for
Migration”; and a “Migrant Workers Loan Guarantee Fund”. Travel advice is provided