E/CN.4/2003/85/Add.4
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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