E/CN.4/2003/85/Add.4
page 19
68.
The Special Rapporteur learned about many programmes initiated in Bohol to assist and
protect migrants and facilitate their reintegration. Municipal councils assisted in locating OFWs
abroad; implemented anti-illegal recruitment campaigns; reached agreements with POEA and
OWWA to cooperate in the prosecution of cases of illegal recruitment; initiated employment
counselling services and skills development training. Also, non-governmental organization, in
cooperation with municipal authorities and the central Government, started programmes aimed at
involving the families of OFWs in income-generating programmes and cooperatives for the
productive investment of remittances. The Special Rapporteur would like to express her full
support for and encouragement of the initiatives undertaken by the local government.
VI. IMMIGRANTS TO THE PHILIPPINES
69.
Act No. 613, also known as “The Philippine Immigration Law of 1940”, regulates
immigration to the Philippines. The Act states that the admission of foreigners is “a matter of
privilege” and should be subject to national security and interests. The Bureau of Immigration
under the Department of Justice, in coordination with other agencies, is responsible for the
administration and enforcement of immigration and citizenship law and the admission of
foreigners to the Philippines. The law generally provides for family reunion, allowing unmarried
children under 21 years of age and the spouses of immigrants to join them.
70.
The Act states that as a general rule, an alien who violates Philippine immigration laws
does not commit a crime and is prosecuted before a quasi-judicial body where substantial
evidence is necessary to prove guilt. Aliens can be detained as a preliminary step to deportation.
Among the reasons for deportation are illegal entry and prostitution.
71.
The Special Rapporteur visited the Bl Bicutan Detention Center in Camp Nagong Diwa,
Taguig, Metro Manila. There were about 140 foreigners detained in the Center awaiting
deportation or a decision by the immigration authorities. The Special Rapporteur was told that
Egypt does not document Palestinian citizens wishing to migrate, and noted that a number of
undocumented Palestinians were in the Center awaiting deportation. The Special Rapporteur
was informed that a Palestinian citizen had died in the Center under mysterious circumstances.
This was confirmed by his brother, who was still detained in the Center. The authorities
informed the Special Rapporteur that investigations were ongoing. It was also reported that
budget constraints seriously affected the conditions of detention of migrants, as the Special
Rapporteur could observe.
72.
The majority of detainees interviewed by the Special Rapporteur were married to Filipino
women and alleged that their wives had reported them to the authorities for irregular stay in
order to seize their possessions.
73.
A 46-year-old man from Yemen had already been detained for 11 months at the time of
his interview with the Special Rapporteur. He had been in the Philippines for six years, after
marrying a Filipino woman in Kuwait. They decided to go back to the Philippines to start a
business. He stated that his wife had reported him to the immigration authorities, claiming that
his visa was forged and his stay in the Philippines irregular. He claimed that he was arrested