E/CN.4/2003/85/Add.4 page 2 Executive summary At the invitation of the Government of the Philippines, the Special Rapporteur on the human rights of migrants visited the country from 20 May to 1 June 2002. She visited Manila, Bohol, Takbilaran and Zamboanga City, meeting with senior government officials and representatives of migration authorities, the International Organization for Migration, United Nations agencies and programmes, non-governmental organizations and civil society. She also interviewed a number of migrants. An estimated 7.4 million Filipinos, representing approximately 10 per cent of the country’s total population, work in more than 150 countries on practically all the continents. Women represent the majority of newly hired overseas Filipino workers (OFWs). The Special Rapporteur received numerous reports of human rights violations and abuses suffered by OFWs. The problem of irregular migration and the vulnerability of undocumented migrants to smuggling and trafficking, as well as the social costs of migration, were addressed by the Special Rapporteur during her visit. The Special Rapporteur was impressed by the comprehensive system established by the Government of the Philippines under the Migrant Workers and Overseas Filipinos Act (RA 8042) in order to manage labour migration and protect the human rights of OFWs and their families. The Government has also concluded a number of agreements with countries of destination to the same end and participates in regional and international forums for the promotion of a migration management system respectful of the human rights of migrants. The Special Rapporteur noted with satisfaction that civil society participates actively in this endeavour. The Special Rapporteur found that financial and personnel constraints undermines the effectiveness of services provided under RA 8042, while legislative, administrative, policy and cultural obstacles to an effective and efficient national system of protection of the human rights of OFWs still exist. Also, the Special Rapporteur found that national protection and oversight are not sufficient to guarantee the rights of migrants if they are not accompanied by the conclusion of agreements with countries of destination, especially where there is high demand for unskilled labour and laws and practices are not in line with human rights international standards. The Special Rapporteur noted with concern the vulnerability of Filipino migrant women to sexual exploitation, trafficking and smuggling, especially those recruited as entertainers or travelling as mail-order brides and domestic workers. The mechanisms established by RA 8042, as well as the Government’s measures in this regard, proved not to be effective in protecting the rights and dignity of women migrant workers against the illegal practices linked to the very profitable sex industry. However, the Special Rapporteur underlined the need to maintain and strengthen the Government’s migration management and control mechanisms. The Special Rapporteur believes in fact that leaving the labour export industry in the hands of private recruitment agencies, which act as intermediaries for foreign recruiters who derive considerable profits from their activities, would create a conflict of interest, further increasing the vulnerability of migrants, especially women migrants.

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