E/CN.4/2003/85/Add.4 page 16 concentrations of OFWs. This involves the deployment of social workers and medical practitioners who provide services on the spot. DSWD, with the assistance of DFA, also initiated efforts to establish arrangements with counterparts and NGOs in other countries to provide assistance to Filipinos in distress, particularly women and children, requiring temporary shelter, counselling, repatriation and immediate medical treatment. E. Deregulation and phase-out 54. The Act provides for a five-year period during which the regulatory functions of POEA will be phased out and “the migration of workers becomes strictly a matter between the worker and his foreign employer”. 55. The premise of deregulation was that the Philippines would become a newly industrialized country by 2000. This did not transpire. The Special Rapporteur is concerned about the application of this provision as she believes that the consistent increase in the number of OFWs, the feminization of this sector, the problem of illegal recruitment, welfare cases and recruitment violations, as well as the resistance of some host countries to enter into bilateral agreements for the protection of the rights of migrants, are signs that deregulation can only be undertaken cautiously and progressively. IV. REPATRIATION 56. The Office of the Undersecretary for Migrant Workers Affairs of DFA defines “repatriation” as the unplanned return of an OFW, dead or alive, from a job site overseas, the reasons for which range from labour conflicts, psychosocial problems and wars to restrictive immigration policies. Although there is a difference between deportation and repatriation, reportedly the Government of the Philippines tends to consider any unplanned return of Filipino workers as “repatriation”. In 2001, the Office handled 369 cases of repatriates who were returned home for a variety of reasons. However, this does not reflect the total number of individuals affected. Philippine embassies and consulates abroad in fact report only cases of OFWs applying for travel documents. The Special Rapporteur was informed that most repatriation cases involve no severance pay, leaving OFWs and their families with debts. 57. POEA and OWWA informed the Special Rapporteur that often there are considerable delays in repatriating OFWs. This is particularly the case in some countries of the Middle East, such as Kuwait and Saudi Arabia, where the law requires an exit visa. The Special Rapporteur was informed that if the OFW wishes to terminate the contract before its expiration, the employer has the right to be reimbursed by the recruiting agency or the worker. Until this is settled, the exit visa cannot be issued. 58. The Special Rapporteur received first-hand accounts of Filipino women who had been repatriated/deported from Sabah, Malaysia. Some reported mistreatment while in detention awaiting deportation. One stated that she was raped and then taken to the airport handcuffed. It was argued that the personnel of embassies and consulates abroad were not always in a position to provide assistance to OFWs in distress. Women NGOs in particular stressed the need for

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