E/CN.4/2003/85/Add.4 page 3 In view of the above, the Special Rapporteur makes the following recommendations: (a) The Government continue negotiating with receiving countries in order to conclude agreements and devise policies for the revision of immigration policies and the regularization of immigrants where there is a strong demand; the repealing of legislation that discriminates against OFWs and their inclusion in national labour and social legislation; the protection and non-criminalization of trafficked Filipino women and children; the extradition of traffickers/recruiters when cases have been filed against them in Philippine courts; and the identification of measures to combat the phenomenon of mail-order brides; (b) The Government’s protection through RA 8042 be maintained and strengthened, including through better coordination between the different government agencies abroad to assist OFWs in distress; strengthened assistance, including in the area of physical and mental health; better dissemination of travel advice; and increased number of pre-departure orientation seminars and pre-employment orientation seminars and an updating and revision of the teaching material to include subjects such as the social costs of migration, prevention of HIV/AIDS, gender issues, measures and mechanisms of redress in case of contract violations and other illegal practices; provision of pre-departure information to family members; timely disbursement under the pre-departure and family assistance loans; and provision of gender training to government personnel abroad; (c) Existing proposals for amendments concerning the following issues also be considered: intensification of skills development programmes for OFWs; provision of sanctions for negligence on the part of embassy personnel; creating a credit assistance programme for OFWs; and creating a new medical care programme for OFWs, including preventive and rehabilitative programmes; (d) Action to combat illegal recruitment, trafficking and smuggling be strengthened, including by strengthening the licensing system for recruiting agencies; undertaking regular inspections to PDOs; ensuring that passports are not forged by asking workers to obtain them directly from the Department of Foreign Affairs (DFA); enabling OFWs to report contract substitutions or alterations by providing adequate information and legal assistance abroad; establishing sanctions for violations of the full-disclosure policy; creating special courts to deal with cases of illegal recruitment; providing judicial organs in charge of prosecution with the necessary resources; strengthening the information and data system on migration; strengthening community-based organizations and activities to detect, report and monitor cases of trafficking and smuggling; and strengthening the certification procedure for entertainers and tightening controls for the provision of entertainer’s visas; (e) promptly; A law on trafficking and smuggling and the absentee voting bill be enacted (f) Incentives be provided to OFWs intending to invest in the country, including tax incentives, technical training/advice and support programmes, such as viable credit;

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