CEDAW-BASED LEGAL REVIEW OF MIGRATION AND ANTI ...

CEDAW-BASED LEGAL REVIEW

OF MIGRATION AND

ANTI-TRAFFICKING LAWS

IN THE PHILIPPINES

© 2016 UN Women. All rights reserved.

The views expressed in this publication are those of the author(s) and do not necessarily represent the views of UN Women.

This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the author and can in no way be taken to reflect the views of the European Union.

CEDAW-BASED LEGAL REVIEW

OF MIGRATION AND

ANTI-TRAFFICKING LAWS

IN THE PHILIPPINES

cedaw: based legal review ofmigration and anti-trafficking laws in the philippines4 cedaw: based legal review of

migration and anti-trafficking laws in the philippines 5

ACKNOWLEDGEMENTSUN Women extends sincere appreciation to Prof. Elizabeth Aguiling-Pangalangan of the University of the Philippines (UP) College of Law and Director of the Institute of Human Rights of the UP Law Center, with research assistance from Mr. Noel Christian Luciano, Ms Ruth Guinto and Ms. Amirah Penalber. The development of the paper was done in close collaboration with Ms. Ryce Chanchai, Programme Specialist, UN Women Regional Office for Asia and the Pacific. Additional guidance and inputs were provided by Ms. Sarah Gammage, former Policy Advisor, Economic Institutions, UN Women Headquarters, New York; Ms. Allison Petroziello, Consultant, Training for Gender Equality, UN Women Training Centre, Santo Domingo; Ms. Jenna Hennebry and Mr. William Grass, International Migration Research Centre, Ontario, Canada; Prof. Myrna Feliciano; Dr. Junice Melgar; and representatives of relevant House and Senate Committees, and government and civil society organizations. UN Women specially acknowledges the inputs and support of the UN Women Philippines migration project team, Ms. Marilen Soliman, National Project Officer – Migration and Ms Rose Ariane Roxas, former Programme and Finance Assistant.

Un Women also acknowledges the support of the government of the Canada, through the Global Affairs Canada (GAC) for the publication of this paper, through the CEDAW South East Asia Phase II Programme.

CEDAW: BASED LEGAL REVIEW OFMIGRATION AND ANTI-TRAFFICKING LAWS IN THE PHILIPPINES4 CEDAW: BASED LEGAL REVIEW OF

MIGRATION AND ANTI-TRAFFICKING LAWS IN THE PHILIPPINES 5

TABLE OF CONTENTSEXECUTIVE SUMMARY 6

I. BACKGROUND 8

Convention on the Elimination of All Forms

of Discrimination Against Women (CEDAW) 8

Migration and Trafficking 10

II. REVIEW OF RELATED LITERATURE 11

III. OBJECTIVES OF THE STUDY 13

IV. SCOPE AND METHODOLOGY 14

V. FRAMEWORK FOR A CEDAW LEGAL REVIEW 15

What is a legal review? 15

The 8 Steps 15

VI. CEDAW-BASED LEGAL REVIEW OF MIGRATION LAWS 19

On Migration of Women in General 19

Pre-Departure 22

Service of Employment Contract 27

Return and Repatriation 30

Services and Enforcement Regimes 31

VII. CEDAW-BASED LEGAL REVIEW OF ANTI-TRAFFICKING LAWS 33

Compliance with Legal Indicators 33

Prosecution of Trafficking Cases 35

Compensation for Damages Suffered 38

Services Available to Trafficked Persons 39

RECOMMENDATIONS 41

Access to Justice 41

Penalties and Claims 41

Services 41

Training Programs 42

Information and Education 42

Expanding Protection 42

MATRIX: CEDAW-BASED LEGAL REVIEW OF MIGRATION AND ANTI-TRAFFICKING LAWS IN THE PHILIPPINES 43

REFERENCES 59



EXECUTIVE SUMMARYAs part of the universal mandate to promote gender equality and the empowerment of women, UN Women actively supports the promotion and protection of the rights of women migrant workers and safe migration for women at the global, regional and country levels. Around the world, a record number of women are now migrating to seek work and better opportunities. Even though migration may provide these benefits for women, it also poses a lot of risks, including unfair treatment, exploitation, and vulnerability to different forms of violence, especially in the informal sector such as domestic and care workers. Migration policies and practices have been slow to recognize these risks and take steps to make the process safe for women. In the Southeast Asia region, the feminization of migration is most visible and usually associated with out-going flows of women migrants, particularly from Indonesia and the Philippines, where women make up 62-75 per cent of workers who are deployed legally on an annual basis.1

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was signed by the Philippines on 15 July 1980 and was entered into force on 03 September 1981. It has three underlying principles, namely: non-discrimination (Article 1); state obligation and due diligence (Articles 2-5); and, substantive equality (Article 4).

States Parties to the CEDAW are legally bound to put these principles and provisions into practice. In keeping with the Philippines’ commitment under CEDAW, Congress passed several laws addressing discrimination against women. Among which are the Anti-Rape Law (Republic Act [RA] No. 8353), Anti-Violence Against Women Act (RA 9262), and most importantly, the Magna Carta of Women (RA 9710), a landmark law that aims to eliminate discrimination against women through the recognition and protection of the rights of Filipino women, especially those in marginalized sectors.

Among the duties of the State under RA 9710 is to ensure the protection and promotion of the rights and welfare of migrant women, regardless of their work status. The law also protects them against discrimination in wages, conditions of work, and employment opportunities in host countries, as well as access to skills training before taking on job overseas and possible retraining upon return to the country.

Pursuant to this, the CEDAW Committee has also issued two pertinent General Recommendations: General Recommendation 19 on Violence Against Women and General Recommendation 26 on Women Migrant Workers.

The Philippine law that addresses trafficking and exploitation of women is the Anti-Trafficking in Persons Act of 2003 (RA 9208), which was further amended by the Expanded Anti-Trafficking in Persons Act of 2012 (RA 10364). With regard to migration, the Philippine Congress has passed RA 8042 or Migrant Workers and Overseas Filipinos Act of 1995, which was further amended by RA 10022.

Translating gender mainstreaming into practice to protect women migrant workers requires gender-sensitive legislation on labor migration and trafficking. The review of related literature reveals that studies on Philippine laws on trafficking and migration focused on five major themes, such as: victim protection in trafficking vis-à-vis domestic laws on vagrancy, problems encountered in the implementation of the laws, the use of the Philippine experience to establish the need to strengthen state policies, migration and trafficking in the context of socio-economic implications and cross-cultural comparisons on the extent of state protection. These studies do not



1 UN Women (2011) Gender, Migration and Development – Emerging Trends and Issues in East and Southeast Asia. Bangkok: UN Women.

adequately situate the progress of State legislation as regards its international obligations under the CEDAW and the review of the laws specifically from the gender perspective.

A CEDAW-based legal review of the Magna Carta of Migrant Workers and the Anti-Trafficking Laws in the Philippines is indispensable to give concrete recommendations in improving laws that protect women migrant workers. The CEDAW is an excellent framework for gender equality legal reviews, particularly because it sets an international norm and standard for gender equality that covers all aspects of women’s lives, including civil and political rights, as well as economic, social and cultural rights. The CEDAW provides a comprehensive definition of discrimination, which includes both direct and indirect discrimination and mandates both formal and substantive equality.

This review comprised chiefly of desk research. To determine whether the Philippines has complied with its state obligations, the study used the UN-identified CEDAW indicators contained in the handbook entitled Do Our Laws Promote Gender Equality? The indicators on trafficking and prostitution were used in addition to other indicators that came up during consultation with stakeholders. These helped determine whether or not the Philippines is exerting adequate efforts to combat trafficking of persons. Although the CEDAW legal review publication identifies

several indicators on trafficking and prostitution, there are none on migration. To enrich the study, desk research was augmented by consultations with key stakeholders. The Multi-Stakeholder Consultations (Pre-Review and Post-Review Stage) aimed to ensure that the objectives and desired outcomes of the Legal Review/Research are achieved.

The Migrant Workers and Overseas Filipinos Act of 1995, as amended, and particular sections of RA 9208 or the Anti-Trafficking in Persons Act, as amended, were reviewed and measured against the CEDAW standards and legal indicators, to determine full, partial or no compliance.

Based on the findings from the CEDAW-based legal review, amendments in the laws are recommended in the areas of access to justice, penalties and claims, services, training programs, information and education and expanding rights’ protection.



CEDAW-BASED LEGAL REVIEW OFMIGRATION AND ANTI-TRAFFICKINGLAWS IN THE PHILIPPINES

• • •• • • • • • •• • • •• •• • •• • • • • • • • • • • ••• • • •

• To incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women.

•

•

To establish tribunals and other public institutions to ensure the effective protection of women against discrimination.

To ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.

2 CEDAW General Recommendation 25, in article 4, para-graph 1, on temporary special measure, paragraph 8. Adopted by Human Rights Treaty Bodies, UN Doc. HRI/GEN/1/Rev. 6 at 271 (2003).

By accepting the Convention, States commit themselves to undertake a series of steps to end discrimination against women in all forms. This includes the following measures:

The principle of state obligation is the second core theme of the CEDAW. It is the principle that not only should states be obliged to pursue dejure gender equality, but that they must do so in practice, and in many different domains. For example, in addition to promoting women’s rights in the country broadly, state parties are obliged to seek out legislation on equality before the law regarding marriage, the right of women to vote and the right to choose a domicile and residence (CEDAW, Articles 15-17). CEDAW, in this way, differs from other conventions by providing specific areas for the fulfillment of women’s rights in practice and obliging state parties to take specific action toward them. States are required to take all appropriate measures to prevent violation of these rights and are held accountable for discriminatory actions committed, not only by the State and its agencies, but also by individuals and non-State actors.

Substantive equality is the third underlying theme of CEDAW. It requires that “women be given an equal start and that they be empowered by an enabling environment to achieve equality of results,”2

Also known as the Women’s Convention and the International Bill of Rights for Women, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the United Nations (UN) General Assembly on 18 December 1979. It was signed by the Philippines on 15 July 1980 and ratified by the Philippine Senate on 05 August 1981. As of May 2015, 189 states have ratified or acceded to the CEDAW.

The CEDAW, which entered into force on 3 September, 1981 has three underlying principles: non-discrimination (Article 1); state obligation and due diligence (Articles 2 - 5); and, substantive equality (Article 4).

The principle of non-discrimination is the first underlying theme that runs throughout the CEDAW text. “Discrimination against women” is defined in Article 1 of the CEDAW as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

1 The author is a Professor at the University of the Philippines (UP) College of Law and Director of the Institute of Human Rights of the UP Law Center. She obtained her Bachelor’s and law degrees from UP Diliman and her Master’s degree in Law from Harvard University. She is a staunch advocate for women’s and children’s human rights.

I..BackgroundConvention on the Elimination of All Forms of Discrimination Against Women (CEDAW)



and that special measures to protect women be created in the face of existing unbalanced gender equality. The principle of substantive equality is a two-pronged approach to achieving the fulfillment of women’s equality to men and that special measures to protect women be created in the face of existing unbalanced gender equality. First, state parties are obliged to take all actions as necessary to achieve equality between women and men; Second, states are obliged to take special measures to correct existing inequalities in power between men and women. Recognizing that the absoluteness of gender-neutral laws will obscure the differences between women and men, substantive equality accepts that “under certain circumstances, non-identical treatment of women and men will be required in order to address such differences.”3

States Parties to the CEDAW are legally bound to put these principles and provisions into practice. They are also committed to submit national reports, at least every four years, on measures they have taken to comply with their treaty obligations.

An additional enforcement mechanism is the Optional Protocol to the Convention that entered into force on 22 December 2000.4 The entry into force of the Optional Protocol puts it at par with the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Racial Discrimination, and the Convention against Torture and other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, all of which have complaints procedures.5 By ratifying the Optional Protocol in November 2003, the Philippines recognizes the competence of the Committee on the Elimination of Discrimination against Women, the body that monitors States compliance with the Convention, to take specific measures to remedy violations of CEDAW and to receive and consider

complaints from individuals or groups within its jurisdiction.6

Considering the weight of the substantive obligations contained in Articles 1-16, it is important as well to refer to CEDAW General Recommendations that expound on specific articles or flesh out burning issues arising from these provisions. Although not binding, these General Recommendations (GR) or General Comments (GC) are authoritative statements made by the Committee on the Elimination of Discrimination Against Women on the interpretations of CEDAW provisions. To illustrate, GR 197 focuses on Violence Against Women and paragraphs 13-16 and 24 thereof underscore how factors of poverty and unemployment exacerbate the vulnerability of women and this situation, in turn, requires states to pass protective measures:

3 CEDAW General Recommendation 25, in article 4, para-graph 1, On temporary special measure, paragraph 8. Adopted by Human Rights Treaty Bodies, UN Doc. HRI/GEN/1/Rev. 6 at 271 (2003).

4 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, 6 October 1999.

5 United Nations Entity for Gender Equality and the Empowerment of Women, Why an Optional Protocol? Retrieved from http://www.un.org/womenwatch/daw/cedaw/protocol/why.htm.

6 Ibid .7 CEDAW General Recommendations 19. Violence Against

Women (11th Session, 1992), UN Doc. A/47/38/at 1 (1993).

States Parties are required by Article 6 to take measures to suppress all forms of traffic in women and exploitation of the prostitution of women.

Poverty and unemployment increase opportunities for trafficking in women. In addition to established forms of trafficking there are new forms of sexual exploitation, such as sex tourism, the recruitment of domestic labour from developing countries to work in developed countries, and organized marriages between women from developing countries and foreign nationals. These practices are incompatible with the equal enjoyment of rights by women and with respect to their rights and dignity. They put women at special risk of violence and abuse.

“13.

14.



In keeping with the Philippines’ commitment under CEDAW, Congress passed several laws addressing discrimination against women. In 1997, Republic Act (RA) No. 8353 the Anti-Rape Law8 was enacted. It explicitly recognized marital rape and reclassified rape as a crime of violence against persons instead of a crime against chastity, as it was categorized in the Philippine Revised Penal Code of 1930. The Anti-Violence Against Women Act (RA 9262) expanded violence to include physical as well as emotional, psychological and economic abuse. In 2003, the Anti-Trafficking in Persons Act (RA 9208) was legislated and has been significant in efforts to reduce illegal recruitment of women and children for the purposes of cheap forced labor, sexual slavery and other forms of sexual exploitation. The increase in both the number of violations of RA 9208 reported as

well as the Department of Justice’s apprehensions and convictions of traffickers have been attributed to this law.

Most importantly, the Magna Carta of Women (RA 9710) passed on 14 August 2009 is a landmark law that aims to eliminate discrimination against women through the recognition and protection of the rights of Filipino women, especially those in marginalized sectors. In the definition of terms found in Section 4.d.6, these marginalized sectors include “migrant workers” which refers to Filipinos who are to be engaged, are engaged, or have been engaged in a remunerated activity on a State of which they are not legal residents, whether documented or undocumented.” Section 22 of RA 9710 stipulates “the State shall ensure the protection and promotion of the rights and welfare of migrant women regardless of their work status, and protect them against discrimination in wages, conditions of work, and employment opportunities in host countries”.9 RA 9710 also takes particular consideration of Women in Especially Difficult Circumstances,10 victims of trafficking, illegal recruitment, victims and survivors of physical and sexual abuse, prostitutes, those in detention, and other such circumstances.

8 Philippines, RA 8353, An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime Against Persons, Amending for the Purpose Act No. 3815, as Amended, Otherwise Known as the Revised Penal Code, and for Other Purposes. (1997).

9 Philippines, RA 9710, Magna Carta of Women. Retrieved from http://pcw.gov.ph/sites/default/files/documents/laws/republic_act_9710.pdf (accessed 5 November 2015).

10 Ibid, Section 30.

Migration and Trafficking

The migration process in the Philippines is increasingly feminized and it is critical to consider the movement of women as distinct from that of men. The causes and consequences of migration differ between women and men and consequently,

the policy and legal implications on women migrant workers are not necessarily identical to their male counterparts. The key issue in women’s migration relates to ‘protection’ because women are more vulnerable to trafficking and exploitation

Poverty and unemployment force many women, including young girls, into prostitution. Prostitutes are especially vulnerable to violence because their status, which may be unlawful, tends to marginalize them. They need the equal protection of laws against rape and other forms of violence.

Wars, armed conflicts and the occupation of territories often lead to increased prostitution, trafficking in women and sexual assault of women, which require specific protective and punitive measures. “

15.

16.



and their families. At the same time, overseas work exposes women to sharper divisions of power between class, race and gender within their occupation and in their host society. Much of the work undertaken by migrant women, which as mentioned takes place in the informal sector, exposes them to increased risk of exploitation, abuse and potentially trafficking. According to General Recommendation 26:

The Philippine laws that address trafficking and exploitation of women is the Anti-Trafficking in Persons Act of 2003 (RA 9208). This law was further amended by the Expanded Anti-Trafficking in Persons Act of 2012 (RA 10364). With regard to migration, the Philippine Congress has passed RA 8042 or the Migrant Workers and Overseas Filipinos Act of 1995, which was further amended by RA 9422 and RA 10022. These laws will be the reviewed and measured against the CEDAW, relevant Optional Protocols and General Recommendations.

11 Cheema, McNally, and Popovski eds. Governance andInstitutional Issues in Migration, Cross Border Governance in Asia: Regional Issues and Mechanisms, Trends and Innovations in Governance Series, Tokyo: United Nations University Press, 2011.

12 CEDAW General Recommendations 26, On Women Migrant Workers, UN Doc. CEDAW/C/2009/WP.1/R (2008).

“While migration presents new opportunities for women and may be a means for their economic empowerment through wider participation, it may also place their human rights and security at risk. Hence, this general recommendation aims to elaborate the circumstances that contribute to the specific vulnerability of many women migrant workers and their experiences of sex- and gender-based discrimination as a cause and consequence of the violation of their human rights.”

in the workplace than men. This is due to gender considerations as well as the kind of work that women take on , which is often a reflection of their perceived role in society and in the family. Women more frequently occupy roles in the informal sector or extra jobs in addition to their formal employment, and women are disproportionately represented in vulnerable employment such as domestic work, care work, entertainment and the sex industry.11

Articles 6-16 of CEDAW discuss the Specific Substantive Areas and of these, the CEDAW obligation on trafficking is embodied in Article 6 of the Convention. It provides that: “State Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.” Article 6 on trafficking impacts on other substantive areas such as Article 11: Employment; Article 12: Health care and family planning; Article 13: Economic and social benefits; Article 15: Equality before the law and Article 16: Marriage and family relations.

General Recommendation 26 on Women Migrant Workers12 draws a clear and solid connection between discrimination against women and the empowerment and agency that increasingly defines the migration process. It recognizes that with the duty of states to eliminate gender-based discrimination in access to employment comes opportunities for women to engage in decent work and help provide a better future for themselves

II. Review of Related Literature

To this date, there has been no comprehensive study on Philippine laws on migration and trafficking measured against standards embodied in CEDAW. The closest would be A Call For Philippine

Implementation of Women’s Rights Under CEDAW.The author, Clara Padilla, concludes that the Anti-Trafficking in Persons Act of 2003 upholds the rights of trafficked women as protected by CEDAW by not



13 Padilla, Clara Rita A. A Call For Philippine ImplementationOf Women’s Rights Under CEDAW. Ateneo Law Journal 52.4 (2008): 765-803. Academic Search Complete. Web. 19 September 2014.

14 Wuiling, Cheah. Assessing Criminal Justice And Human Rights Models In The Fight Against Sex Trafficking: A Case Study Of The ASEAN Region.(2006): OAIster. Web. 19 September 2014.

15 Sta. Maria, Amparita S. Analyzing Philippine Legal and Policy Frameworks for the Protection of Women Migrant Workers from HIV/AIDS . Ateneo Law Journal 50.1 (2005): 47-128. Academic Source Complete. Web. 19 September 2014.

16 Feliciano, Myrna S. Emerging Women’s Rights Issues: Review of Current Legal Remedies Related to Sex Trafficking. Philippine Law Journal 79 (2004): 596-638. Web. 19 September 2014.

17 Supra, p. 607.18 Fernandez, Mary Rose. Commodified Women. Peace

Review 9.3 (1997): 411. SocINDEX with Full Text. Web. 19 September 2014.

19 Van Impe, Kristof. People For Sale: The Need For A Multidisciplinary Approach Towards Human Trafficking. International Migration 38.3 (2000): 113. Academic Search Complete. Web. 19 September 2014.

20 The Philippine-Belgian Pilot Project Against Trafficking In Women / A Consolidated Report By The Ateneo De Manila University and the Women’s Education, Development, Productivity and Research Organization, Inc. Makati City: Ateneo Human Rights Center, 1999. Rizal Library’s OPAC (Online Catalog). Web. 19 September 2014.

21 Guevarra, Anna Romina. Managing ‘Vulnerabilities’ And ‘Empowering’ Migrant Filipina Workers: The Philippines’ Overseas Employment Program. Social Identities 12.5 (2006): 523-541. Academic Search Complete. Web. 19 September 2014.

penalizing the victims “for crimes directly related to the acts of trafficking or in obedience to the order made by the trafficker.”13

Similarly, Cheah Wuiling’s case study14 of the ASEAN region on the same issue concentrated on the victim protection aspect of the 2003 Anti-Trafficking Act and the state’s adoption of a victim-centered approach towards sex trafficking. Amparita Sta. Maria’s Analyzing Philippine Legal and Policy Frameworks for the Protection of Women Migrant Workers from HIV/AIDS15, laid down a broad outline of the country’s legal framework including its international obligations, and focused on the law on HIV/AIDS as one facet of the State obligation to enact policies that protect women from trafficking.

Another article worth noting is Professor Myrna Feliciano’s Emerging Women’s Rights Issues: Review of Current Legal Remedies Related to Sex Trafficking.16 Feliciano’s study provides a comprehensive catalogue of relevant laws relating to human trafficking and migration, which she classifies into penal laws, administrative laws that focus on “regulation of the labor export industry covering administrative liabilities for illegal recruitment”; and laws, which provide incentive schemes for workers.17 The study concentrates on problems encountered in state implementation.

The majority of the research done on trafficking and migration laws in the Philippines is made in the context of economic development. These studies

focus on factors contributing to the widespread migration and trafficking of women and the implications for such trend. The Philippine experience and the laws attempting to address these issues are merely used to establish a platform for recommending measures or approaches that would better address the issues. They neither examine the legal framework nor the implications of enforcing the laws to protect the rights of women migrant workers. Examples of these studies include Fernandez’ Commodified Women18, Van Impe’s People For Sale: The Need For A Multidisciplinary Approach Towards Human Trafficking19, the Ateneo Human Rights Center’s The Philippine-Belgian Pilot Project Against Trafficking In Women20, and Guevarra’s Managing ‘Vulnerabilities’ And ‘Empowering’ Migrant Filipina Workers: The Philippines’ Overseas Employment Program21.

Guevarra, in her abstract, states that the essay “examines the Philippine state’s incorporation of a ‘gender-sensitive criteria’ within its overseas employment policy framework in recognition of the increasing participation of Filipinas in the global economy and their ‘vulnerabilities’ in the workplace”. However, an examination of the essay shows that



the author looked at the various state policies that improve protection for women and limited her discussion to the efficacy of these policies in the socio-economic level.

Another area of focus is cross-cultural comparisons between Philippine laws on migrant workers and other sending countries. Examples are an article published by the World Bank Office of Jakarta, entitled Social Protection For Women Migrant Workers: A Comparative Study Among Sending Countries22, and Dinita Setyawati’s Assets Or Commodities? Comparing Regulations Of Placement And Protection Of Migrant Workers In Indonesia And The Philippines23. The latter article seeks to answer the question: “Are Filipino migrant workers better protected than Indonesians?” These articles center on the comprehensiveness of each State’s protection of

certain rights or sectors of the community, rather than the effectiveness of law and policies within its own realm.

This review of related literature reveals that studies on Philippine laws on trafficking and migration have focused on five major themes—victim protection in trafficking vis-à-vis domestic laws on vagrancy, problems encountered in the implementation of the laws, the use of the Philippine experience to establish the need to strengthen state policies, migration and trafficking in the context of socio-economic implications, and cross-cultural comparisons on the extent of state protection. These studies do not adequately situate the progress of State legislation as regards its international obligations under the CEDAW and the review of the laws specifically from the gender perspective.

22 Social Protection For Women Migrant Workers: A Comparative Study Among Sending Countries / Social Protection For Women Migrant Workers: A Comparative Study Among Sending Countries.(n.d.): AGRIS. Web. 19 September 2014.

23 Setyawati, Dinita. Assets Or Commodities? Comparing Regulations Of Placement And Protection Of MigrantWorkers In Indonesia And The Philippines. Austrian Journal Of South-East Asian Studies / Österreichische Zeitschrift Für Südostasienwissenschaften 6.2 (2013): 264-280. Academic Search Complete. Web. 19 September 2014.

III. Objectives of the Study

The Philippines has been recognized globally for its good practices in adopting laws in support of gender equality. However, emphasis on further strengthening the legal framework for women’s human rights is necessary. Exploring ways to protect and promote women’s rights evolves quite logically into issues of gender, including sexuality, given that these issues are at the core of women’s oppression and are crucial to women’s emancipation.

Translating gender mainstreaming into practice to protect women migrant workers requires gender-sensitive legislation on labor migration and trafficking. A CEDAW-based legal review of the Magna Carta of Migrant Workers and the Anti-

Trafficking Laws in the Philippines is indispensable in order to give concrete recommendations on improving laws that protect women migrant workers. This will provide the basis for capacity development activities among lawmakers, government and national oversight institutions on the integration of gender as well as identify strategic institutions and mechanisms to target capacity development support for formulation, amendment and implementation of gender-responsive and coherent migration and anti-trafficking laws.

One way by which these concerns may be addressed is by identifying the gaps in Philippine laws and recommending changes that will make our laws CEDAW compliant. A CEDAW legal review aims to



24 Philippines, RA 9710, IRR, Sec. 25 (D). Retrieved from http:/pcw.gov.ph/sites/default/files/documents/laws/republic_act_9710.pdf.

25 The CRC was adopted by the UN General Assembly on 20 November 1989. It was signed by the Philippines on 21 August 1990 and entered into force on 02 September 1990.

26 Defined in Sec.3 (d) of RA 9208 as “ a person below eigh-teen years of age or one who is over eighteen but is unable to fully take care or protect himself/herself from abuse, neglect cruelty exploitation, or discrimination because of a physical or mental disability or condition.”

locate gender discrimination in laws; underscore state obligations to address existing gender discrimination in laws; identify and highlight deficiencies in Philippine laws on migration and trafficking and how they fail to comply with the CEDAW legal framework for women’s human rights; identify areas for reform; and recommend ways by which CEDAW obligations can be complied with by the State.

This legal review is intended to directly complement the current work of the House of Representatives Committee on Overseas Workers Affairs (HOR COWA) particularly on the amendment of the existing laws, in light of the committee investigation report on the sexual abuse and exploitation of the Filipino migrant workers in the Middle East, particularly toward enhancing witness protection and support for prosecution process for the women migrant workers.

Ultimately, the results will contribute to the objective of the EU-funded global initiative called “Promotion and Protection of Women Migrant Workers’ Labour and Human Rights: Engaging with International, National Human Rights Mechanisms to Enhance Accountability”, which has selected the Philippines as a pilot country, along with Mexico and Moldova, to promote women migrant workers rights and protect them against exploitation and exclusion at all stages of migration. More specifically, the objectives of this initiative are to reinforce international human rights mechanisms, national human rights institutions, parliaments, governments to ensure accountability to women migrant workers at all stages; and strengthen women migrant workers organizations to effectively engage with these mechanisms and governments to ensure greater accountability at all stages.

IV. Scope and Methodology

As earlier mentioned, the Magna Carta of Women contains provisions that protect women’s right to decent work and vests in several government agencies the responsibility of “protecting the rights and promoting the welfare of women migrant workers.”24 Given, however, that the Magna Carta of Women is a comprehensive law that seeks to safeguard an expansive range of women’s rights in contrast to the laws particular to migration and trafficking, the latter will be the focus of this CEDAW-based legal review.

In this paper, both the Migrant Workers Act and the Anti-Trafficking in Persons Act passed by the Philippine Congress are examined to determine whether the Philippines has complied with its state obligations under the CEDAW. This study will use the UN-identified CEDAW indicators contained

in the handbook entitled Do Our Laws Promote Gender Equality? The indicators on trafficking and prostitution will be used in addition to other indicators that came up during consultation with stakeholders. These will help determine whether or not the Philippines is exerting adequate efforts to combat trafficking in persons. Although the CEDAW legal review publication identifies several indicators on trafficking and prostitution, there are none on migration.

Article 35 of the Convention on the Rights of Child (CRC)25 mandates States Parties to take “all appropriate measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.” Although it serves as one of the bases for RA 9208 and as such, elimination of child trafficking26 is within the scope of said law, the defacto situation of children victims of trafficking and the application of the law to them are not evaluated



5. List Relevant Legislation6. Analyse Compliance7. Draft Explanation and Comments8. Formulate Recommendations

in this study owing to several other factors compounding the particular vulnerabilities of children that make them susceptible to trafficking.

Moreover, this study will not look into in-country migration. It is limited to cross-border migration exclusively with the Philippines as the country of origin and another nation as country of destination.

In order to enrich the study, desk research was augmented by consultations with key stakeholders. The Multi-Stakeholder Consultation (Pre-Review Stage) aimed to ensure that the objectives and

desired outcomes of the legal review are achieved. Thus, even where there are indicators identified in the CEDAW-based Legal Review booklet, there was need to localize some indicators after contemplating the de facto situation of women as well as the concrete challenges met by migrant and trafficked women gathered from the consultation with stakeholders. In addition, a Post-Review multi-stakeholders’ consultation was undertaken. Two reviewers and key participants validated the findings and recommendations generated by the study.

What is a legal review?

A legal review is a survey of laws in a country that reveals whether those laws meet the standards set by the reviewer. In other words, a legal review aims to uncover and highlight gaps or deficiencies in the law as well as to underscore areas for law reform whether these be amendment, repeal or the creation of new laws.

The CEDAW is an excellent framework for gender equality legal reviews particularly because it sets an internationally acknowledged standard for gender equality that covers all aspects of women’s

lives, i.e. civil, political, economic, social, cultural. The CEDAW provides a comprehensive definition of discrimination that includes both direct and indirect discrimination and mandates not just formal equality, but substantive equality, as well. Thus, States Parties “must ensure that women are ‘given an equal start’ (equality of opportunity) and are ‘empowered by an enabling environment to achieve equality of results.“ Likewise important is its focus on the State obligations to ensure non-discrimination by both state and non-state actors.

The 8 Steps

The handbook Do Our Laws Promote Gender Equality? expounds on the steps that have to be taken for a CEDAW-based Legal Review. These 8 Steps and a brief description of each step are as follows:

V. Framework for a CEDAW Legal Review

1. Identify CEDAW Obligations2. Identify Situation Issues and Concerns3. Identify Provisions Needed in Law4. Determine CEDAW Legal Indicators



27 Concluding Comments of the CEDAW Committee 36th Session 7-25, August 2006.28 Ibid

Brief Description

Step 1. Identify the CEDAW ObligationsThe CEDAW obligations are found in the CEDAW, General Recommendations of CEDAW, specifically GR 19 and 26 and Concluding Observations.27 Using these resources, the legal obligations flowing from CEDAW can be determined.

Step 2. Identify Situation, Issues and ConcernsThis entails research on the de facto situation of women and girls on the selected specific issue of migration and trafficking. For this legal review, research is complemented by the inputs of the stakeholders during the pre-review stage.

Step 3. Identify the Provisions Needed in LawIn this step, essential points that must be in the law for it to comply with the CEDAW are established.

Step 4. Determine CEDAW Legal IndicatorsThe legal indicators are derived from CEDAW, the General Recommendation and Concluding Comments of the CEDAW Committee.28 The points needed in an effective and CEDAW-compliant law in Step 3 are transformed into question form. They must be answerable with a “yes” or “no” to ensure that the indicators are measurable. Since this is a legal review, these questions should focus on law, not policy or problems in the implementation of the law.

STEP 1CEDAW

Obligation

Provide information on methods and procedures for migrating to work for women who wish to migrate independently of recruitment agencies (GR 26, paragraph 24 (b)(iii))or via informal channels (Concluding Observations, paragraph 22).

-Those who migrate for work abroad without going through a recruitment agency may not be aware of their rights and may not have access to relevant information such as labor laws.-The Philippine Overseas Employment Administration (POEA) has no way of monitoring those who seek employment abroad through informal channels or independent of recruitment agencies.

Protection of direct-hires or those who avail of employment abroad without the intervention or placement by an employment agency.

Is there a mechanism for providing assistance and protection to women migrant workers who did not avail of any recruitment agency and sought employment independently or via informal channels?

STEP 2Situation, Issues and

Concerns

STEP 3Points Needed

in Law

STEP 4CEDAW Legal

Indicators

Sample CEDAW-based Legal Review, Steps 1-4



Step 5. List the relevant legislationThis calls for the identification of the specific legislation relevant to the indicator. Both general and specific gender equality laws should be included, such as the Constitution and RA 9208,as amended, respectively.

Step 6. Analyze ComplianceCompliance of the laws with the CEDAW could either be full, partial and not compliant.

There is full compliance when the legal provisions meet the requirements of the indicator. This means that the legal provisions respond to the indicator without need of further amendments or supplemental legislation.

It is partially compliant when only some, but not all, aspects of the requirements are met. There are legal provisions that address the indicator but such provisions, by themselves, are inadequate. In effect, there is a need for the law to further guarantee the rights of women migrant workers and those who may fall victim to trafficking.

A domestic legislation is non-compliant if it does not meet the requirements of the indicator. There is a total absence of any legal guarantee in the law to meet the indicator. Legislation is also non-compliant if there are provisions that are in conflict or are diametrically opposed to the indicator.

Step 7. Draft Explanation and CommentsThe comments must clarify what led the reviewer to conclude that the present law is compliant, partially compliant or non-compliant.

Step 8. Formulate RecommendationsAs the last step, recommendations for law reform, including amendment or repeal of an extant discriminatory provision of law, should be made. The key features of reform of the new provision or law are required.

Due to time and other constraints, emphasis will be placed on Steps 5-8.



Although the law covers the rights of migrant workers, the system is focused on hiring through the Philippine Overseas Employment Administration (POEA).

IRR Rule II, Section1(u) defines “irregular/undocumented Filipino migrant workers” as those:1. Who acquired passports through fraud or misrepresentation2. Who possess expired visas or permits to stay3. Who have no travel documents4. Who have valid but inappropriate visas, or5. Whose employment contracts were not processed by the POEA or subsequently verified and registered on-site by the Philippine Overseas Labor Office (POLO) if required by law or regulation

IRR Rule X, Section 18(d) – The Migrant Workers and other Overseas Filipinos Resource Center shall provide for the registration of irregular/undocumented workers to bring them within the purview of RA 8042.

Partialcompliance

Recruitment is done through (1) Agency hire via licensed recruitment agencies, (2) Government placement, where a foreign government entity courses its hiring through POEA’s Government Placement Branch, or (3) Name hires, those able to secure an overseas employment opportunity with an employer without going through any placement agency.

The IRR defines “irregular” migrant workers and articulates the need for their registration, but is silent on how they can be informed of their rights and how government can monitor their situation.

Amend provision. The law provides no mechanism for protection or monitoring women migrant workers who found jobs independently or through informal means. Services available under the law, especially the Pre-Employment Orientation Seminar (PEOS) and consular services, should likewise be available to them.

STEP 6Extent of Compliance

STEP 7Explanation and

Comments

STEP 8Recommendations

Sample CEDAW-based Legal Review, Steps 5-8

STEP 5 Relevant Laws

(RA 8042, as Amended by RA 10022 and its

Omnibus Implementing Rules and Regulations

(IRR)



The Migrant Workers and Overseas Filipinos Act of 1995, as amended, will be reviewed and measured against the CEDAW standards. Likewise relevant is the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children,29 which supplements the UN Convention against Transnational Organized Crime.30 Known as the Palermo Protocol, it states succinctly that “effective action to prevent and combat trafficking

Filipino labour migration has become gendered due to the characterization of certain types of labour as either women’s or men’s work. This is due to many factors, many of which are domestic and some of which are global in scope. In the Philippines, traditional gender roles and expectations entrench women into accepting particular jobs in the care industry, while the global demand for women to work in care industries has remained quite high for some time. Indeed, gendered expectations in the workplace are often an extension of women’s roles in the domestic sphere.

GR 26 identifies the factors influencing women’s migration. Among these are “globalization, the wish to seek new opportunities, poverty, gendered cultural practices and gender-based violence in countries of origin, natural disaster or wars or internal military conflict.” 31 The Magna Carta of Women (RA 9710) recognizes that women have the right to decent work. This means “opportunities for work that are productive and fairly remunerative as family living wage, security in the workplace, and social protection for families, better prospects

in persons, requires a comprehensive international approach in the countries of origin, transit and destination that include measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking”. Thus, this legal review dissects the laws in accordance with the stages of migration in order to identify whether the change necessitated is in the pre-departure, transit or destination stage(s).

for personal development and social integration, freedom for people to express their concerns, organize, participate in the decisions that affect their lives, and equality of opportunity and treatment for all women and men.”32 It considers overseas work as temporary in nature and tasks the State to address the causes of out-migration. Regardless of their time abroad, the legal or work status, women migrant workers under the RA 9710 should be ensured protection and promotion of their rights. 33

States Parties to the CEDAW have the obligation to formulate gender-sensitive, rights-based policy on the basis of equality and non-discrimination in all aspects of migration of women.34

Laws that impose sex-specific bans and discriminatory restrictions on women’s migration on the basis of age, marital status, pregnancy or maternity status should be repealed.35 In General Recommendation 26(d) employers and recruiters cannot legally confiscate or destroy travel

VI. CEDAW-Based Legal Review of Migration Laws

On Migration of Women in General

30 Signed by the Philippines on 14 December 2000 and ratified on 28 May 2002. Entered into force on 25 December 2003.Retrieved from https://treaties.un.org/pages/viewdetails.aspx?src=ind&mtdsg_no=xviii-12&chapter=18&lang=en (accessed 29 November 2015).31

31 CEDAW General Recommendation 26, par 8.

29 Signed by the Philippines on 14 December 2000 and ratified on 28 May 2002. Entered into force on 25 December 2003. Retrieved from https://treaties.un.org/pages/viewdetails.aspx?src=ind&mtdsg_no=xviii-12&chapter=18&lang=en (accessed 29 November 2015).



documents of women migrant workers. This violates the right to freedom of movement of the migrant worker as well as impedes gravely her ability to access justice in cases of abuse or exploitation. It is for this same reason that The Philippine Passport Act of 1996 provides that passports issued by the Philippine government to its citizens remains at all times the property of the government, the holder being a mere possessor thereof as long as it is valid. As such, the same may not be surrendered to any person or entity other than the government or

its representative.36The indicators used to test compliance with CEDAW were:

1. Does the law require the provision of a specific set of standards on migration laws policies to make it more gender-responsive?;

2. Does the law define or provide a basis for determining what an adequate gender-sensitive response is?;

3. Are women migrant workers given equal access to employment opportunities under the law?

4. Is illegal recruitment prohibited?5. Is the definition of the law comprehensive

and flexible enough to cover all forms of gender-based violence?

The Constitution recognizes the role of women in nation-building and ensures the “fundamental equality before the law of women and men.”37 Consistent with the Constitution, the avowed State policy in the Migrant Workers Act, as amended, is to afford full protection to labor and promote full employment and equality of employment opportunities.38 In Section 2(d), the State affirms the fundamental equality before the law of women and men and endeavors to apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant workers. These policies are reiterated in IRR Section 1(b) and (d). There is thus full compliance with CEDAW given that the law recognizes fundamental equality of women and men and compels the State to apply gender-sensitive criteria. These provisions support the prohibition on the imposition of any sex-specific bans and discriminatory restrictions on employment opportunities.

The CEDAW also calls for a definite set of standards incorporated in the law to make it gender-responsive. “Gender sensitivity” is defined under Section 3(b) as cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concern for the respective interests of the sexes. There is full compliance with CEDAW obligations, but problems persist in the implementation of the law. There are no gender-specific criteria to guide government agencies in achieving the principle of substantive equality. However, this is a matter that can be aided by a law that provides benchmarks or minimum

Full Compliance

32 Philippines, RA 9710, Sec. 22 (a).33 Id., Sec. 22 (c).34 CEDAW General Recommendation 26, par. 23, (a).35 CEDAW General Recommendation 26, par. 24 (a).

36 Philippines, RA 8239, approved on 22 November 1996. Any person that damage its integrity and validity is a serious crime which is penalized accordingly in Section 18. There are five types of offenses which are penalized:

(a) Offenses relating to the issuance of a passport

(b) Offenses relating to false statements in any

application

(c) Offenses relating to improper use

(d) Offenses relating to forgery

(e) Offenses relating to multiple possession of

37 Philippines, 1987 Constitution, Sec. 14.38 Philippines, RA 8042,.As amended Sec. 2 (b).

passports. Penalty is imposed by a fine of PhP60,000 to PhP150,000 and imprisonment from 6 to 15 years. For those Overseas Filipino Workers (OFWs) who do not have apassport because their employers confiscated them, they can go to the Philippine consulate who issues a travel documention order to return to the Philippines.



standards in creating gender-sensitive criteria to help the implementing arm of government address adequately the de facto situation of women. The pillar in determining whether standards are gender-sensitive is the definition of non-discrimination in CEDAW, which assert the enjoyment by women of human rights and fundamental freedoms in all fields.

General Recommendation 19 paragraph 24(a) mandates States Parties to take measures to suppress all forms of gender-based violence while in General Recommendation 26, paragraph 24(c) (i) States must adopt a comprehensive definition of irregular recruitment and provide legal sanctions for breach. These obligations call for a comprehensive prohibition on illegal recruitment and its related violations.

Section 6 of RA 8042, as amended by RA 10022, defines “illegal recruitment” as:

It also includes the following acts, whether committed by ANY person (licensed or not):

Influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency.To engage in recruitment or placement in jobs harmful to public health or morality or dignity of the Republic.To obstruct or attempt to obstruct DOLE inspectionto fail to submit reports on status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, and such other matters as may be required by DOLE.To substitute or alter to the prejudice of the worker, employment contracts approved and verified by DOLE from actual signing up to expiration without DOLE approval.For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or be engaged directly or indirectly in management of travel agency.To withhold or deny travel documents from applicant workers for reasons other than those authorized under the Labor Code.Failure to deploy contracted worker without valid reason as determined by DOLE.Failure to reimburse expenses incurred by worker in connection with documentation and processing for purposes of deployment, in cases where deployment does not actually take place without worker’s fault. To allow non-Filipinos to head or manage a licensed recruitment or manning agency.To charge or accept any amount greater than that specified in the schedule of fees by the DOLE.Furnish or publish false notice or information or document in relation to employment or recruitment.To commit any act of misrepresentation for purpose of securing license or authority.

“[A]ny act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines.

To charge or accept any amount greater than that specified in the schedule of fees by the Department of Labor and Employment (DOLE).Furnish or publish false notice or information or document in relation to employment or recruitment.To commit any act of misrepresentation for purpose of securing license or authority.To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive employment terms.

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This amendment introduced by RA 10022 expanded the coverage of acts classified as illegal recruitment. The challenge lies in the implementation of the law and the prosecution of the offenses.

To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive employment terms.Influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency.To engage in recruitment or placement in jobs harmful to public health or morality or dignity of the Republic.To obstruct or attempt to obstruct DOLE inspection .To fail to submit reports on status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, and such other matters as may be required by DOLE.To substitute or alter to the prejudice of the worker, employment contracts approved and verified by DOLE from actual signing up to expiration without DOLE approval.For an officer or agent of a recruitment or placement agency to become an officer or

member of the Board of any corporation engaged in travel agency or be engaged directly or indirectly in management of travel agency.To withhold or deny travel documents from applicant workers for reasons other than Those authorized under the Labor CodeFailure to deploy contracted worker without valid reason as determined by DOLE.Failure to reimburse expenses incurred by worker in connection with documentation and processing for purposes of deployment, in cases where deployment does not actually take place without worker’s fault.To allow non-Filipinos to head or manage a licensed recruitment or manning agency.

With the increase in number of overseas Filipino workers, the number of victims of illegal recruitment continues to rise. The country of origin has the responsibility of ensuring that women migrant workers have access to adequate training and reliable information on migration. It is indispensable for them to be aware of their rights and be able to recognize or early detect signs of fraud and exploitation.

The indicators used for this section were:

1. Are there programs provided by law promoting community awareness?

2. Is information on accredited recruitment agencies available to the public?

3. Does the law mandate a system for reporting and updating all relevant information neededby migrant workers?

4. Does the law provide for gender-sensitive and gender-responsive pre-departure programs?

5. Is there a mechanism for providing assistance and protection to women migrant workers who sought employment independently or via informal channels?

6. Are recruitment agencies mandated to participate in gender-sensitive programs and awareness-raising efforts?

7. Does the law ensure the availability of legal and administrative assistance to women migrant workers?

Pre-Departure

“Illegal recruitment is deemed committed by a syndicate if carried out by a group of 3 or more persons conspiring or confederating with one another.”

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The CEDAW obligates States to provide community awareness through various means including media.39 Complying with obligation will directly alleviate the stigma experienced by migrant workers and the lack of support they receive in the community level.

Rule XII, Section 1 of the Omnibus Implementing Rules and Regulations of RA 8042, as amended provides that the local government units (LGUs), the Department of the Interior and Local Government (DILG), in partnership with the POEA, other concerned agencies and non-governmental organizations (NGOs) shall take a proactive stance by being primarily responsible for the dissemination of information to their constituents on all aspects of overseas employment. The LGU shall: (1) launch campaigns against illegal recruitment; (2) provide a venue for the conduct of PEOS on a regular basis; (3) establish Overseas Filipino Workers (OFWs) help desks; and (4) establish and maintain a database. This is in compliance with the role of government agencies under Section 23 of the law.

In accordance with IRR Rule VI, Section 24, the POEA shall maintain and strengthen its partnership with LGUs, other government agencies and NGOs for the purpose of dissemination of information on all aspects of overseas employment.

The law calls for the active participation of LGUs, NGOs, and government agencies in the conduct of community awareness. The law is thus compliant since active participation of LGUs, NGOs, and government agencies in the conduct of community awareness is compulsory.

There is also full compliance with the State’s duty to provide education, awareness raising and training, and engaging media to help in these efforts.40

In accordance with Rule VI, Section 24, the POEA shall maintain and strengthen its partnership with LGUs other government agencies and NGOs for the purpose of disseminating information on all aspects of overseas employment. LGUs are identified in RA 8042, as amended by RA 10022 as primarily responsible for the dissemination of information to their constituents. Among the tasks of the LGU are launching campaigns against illegal recruitment, providing a venue for the conduct of PEOS on a regular basis, and establishing OFW help desks, which are linked to the POEA database “for its updated lists of overseas job orders and licensed recruitment agencies in good standing.”

On this point, the laws comply fully with CEDAW since the active participation of LGUs, NGOs and government agencies in the conduct of community awareness is compulsory.

Despite laws that prohibit and penalize illegal recruitments, women migrant workers still fall victim to unaccredited agencies and are exposed to threats to their personal security especially from the risk of physical violence and sexual exploitation in destination countries. It is thus the obligation of the state to provide a list of reliable recruitment agencies and create a unified information system on available jobs abroad. 41

The main function of POEA, under Section 23(b.1) is to regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. IRR Rule VI, Section 24 states that the POEA shall provide the concerned entities namely, LGUs, NGOs, and other government agencies, with a list of licensed

Partial Compliance

Full Compliance

39 General Recommendation 26, par. 24 (b)(v) and (vi)

and General Recommendation 19, par. 24(d).

40 General Recommendation 26, par. 24 (b)(v) and (vi)

and General Recommendation 19, par. 24(d).41 General Recommendation 26, par. 24 (b)(ii).



agencies, and other information materials. A strictly enforced licensing and registration system will be able to screen and flush out recruitment agencies, which charge exploitative fees that make women even more financially indebted to family, friends and usurers. This system will be able to unearth and identify recruitment agencies with a history of taking legal short cuts and committing violations of migrant workers’ rights. Though commendable, what is lacking in the law is the duty that should have been imposed on the POEA to maintain an up-to-date database of accredited recruitment and placement agencies. The database should be available to the public and accessible over the internet.

It should be noted however, that despite the absence of this provision in the law, there is a list of accredited agencies published online by the POEA. The POEA maintains a website that can be accessed by the public who can check on the status of the recruitment agency they are applying at. Another technological tool that the POEA has used to expand its reach is the mobile application, which can be downloaded to smartphones and through which one can verify whether agencies are licensed or not. POEA also publishes a list of agencies on a quarterly basis.

The responsibility of the country of origin to deliver free or affordable gender- and rights-based pre-departure information and training programs is found in General Recommendation

26, paragraph 24 (b)(1). Section 23, b.1, second paragraph, mandates the POEA, together with other law enforcement agencies, to provide a comprehensive PEOS that will discuss topics such as prevention of illegal recruitment and gender-sensitivity. One purpose for which these programs are intended, is to educate and raise the level of awareness of the prospective migrant workers on potential exploitation.

To achieve this goal, the law must be amended. The provision on the PEOS must be more specific and provide for mandatory topics to be discussed, the rights of women migrant workers, labor laws and CEDAW principles., the de facto situation of women, services available to them, how to respond during emergency situations, and relevant labor laws. The PEOS should be done in the following segments, each program sensitive to the needs of the group:

The PEOS should be made mandatory with separate programs for migrant workers and the recruitment agencies. A regular PEOS for recruitment agencies should be made a condition for the issuance of a license.

In General Recommendation 26, paragraph 24 (f) “the country of origin has the responsibility of ensuring availability of legal and administrative assistance in connection with migration for work.“ Though several provisions on legal and administrative assistance are found in RA 8042, there is no provision for free legal services in order to avert a breach of duty or violation of a right.

The provisions in RA 8042 that ensure availability of legal and administrative assistance are the following:

1. Section 2(e) declares that free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty

2. Section 13 mandates the establishment of a mechanism for free legal assistance for victims of illegal recruitment and the right to preferential entitlement of the victim of illegal recruitment under the Witness Protection Program.

No Compliance

1. Women who plan to pursue employment abroad2. Women undergoing the placement process,3. Women already placed and have a scheduled

date of departure



Furthermore, the Omnibus Rules and Regulations Implementing RA 8042, as amended, creates POEA Anti-Illegal Recruitment Programs, which will, among others, provide legal assistance to “victims of illegal recruitment and related cases which are administrative or criminal in nature in the form of legal advice, assistance in the preparation of complaints and supporting documents, institution of criminal actions.”42 Though these provisions are compatible with the Philippines’ CEDAW obligation, legal and administrative services should not be available only after a worker has been illegally recruited or when he or she is in distress. Arguably, the term “overseas Filipino in distress” is broadly defined as:

Rule IX however states that the legal assistance funds shall be used exclusively for payment of attorney’s fees to foreign lawyers representing migrant workers facing criminal and labor cases abroad; bail bonds to secure the temporary release of workers; and of court fees and other litigation expenses.44

Consider, for instance, that under Section 3, Rule II, Book V of the POEA Rules and Regulations, the POEA must undertake “periodic review of region, country and skills employment contracts for land based workers and conduct regular review of standard employment contracts (SEC) for seafarers.” This aims to insure that the employees are not placed in a disadvantageous position and that the contracts are within the minimum standards of the terms and conditions set by the POEA.45 However, where the contracts do not fall within this category, a women migrant workers could be made to sign an employment contract negotiated by the placement agency with the employers, although she may not have understood the language and legal ramifications of the contract. The present law does not provide for free or even subsidized legal services since the migrant worker is not considered “in distress”. This should thus be amended so that the POEA and the DFA will have the main responsibility of providing contract review services that will have the effect of reducing, if not totally avoiding, disputes arising from contract interpretation and the like.

For OFWs in distress, the law is compliant with CEDAW. The law is proactive in institutionalizing the role of bar associations like the Integrated Bar of the Philippines (IBP) in providing legal assistance. This dovetails with the amendment in the Charter of the IBP on the creation of the National Commission of Legal Aid that provides free legal services.46

Moreover, the POEA has entered into a memorandum

42 Rule VI, Sec. 2. Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipinos Act of 1995, as amended by RA 10022.

43 Id, Rule 2, Sec. 1(ii).44 Id, Rule IX, Sec. 3.

45 Seagull Maritime Corp., et al. v. Balatongan, et al., G.R. 82252, 23 February 1989. Ocean East Agency Corp et al. v NLRC, G.R. No. 119320. 13 March 1998.

46 Guidelines on Legal and Aid governing the Establishment and Preparation of Legal Aid Offices in all Chapters of the Integrated Bar of the Philippines. Article IV, Section 8. Functions. – The National Committee on Legal Aid shall promote the establishment and efficient maintenance of Chapter Legal Aid Offices suited to provide free legal services to those unable to pay for such services; direct and supervise all Chapter Legal Aid Offices; maintain maximum levels of coordination and cooperation with other organizations having similar objectives; receive and solicit aid and assistance from any available and suitable source or sources, provided that the independent character of the Legal Aid is not impaired; and in general, but subject to the authority of the Board of Governors, do or cause to be done all things necessary and proper for the promotion of Legal Aid activities, projects and objectives.

“An overseas Filipino who has a medical, psycho-social or legal assistance problem requiring treatment, hospitalization, counseling, legal representation as specified in Rule IX of these Rules or any other kind of intervention with the authorities in the country where he or she is found.”43

3. Section 24 creates the Legal Assistant for Workers Affairs under the Department of Foreign Affairs (DFA), primarily responsible for the provision and overall coordination of all legal assistance services to be provided to Filipino migrant workers in distress

4. Section 25 creates a legal assistance fund for migrant workers

5. Section 26 specifies that the legal assistance funds shall be used exclusively to provide legal services to migrant workers and overseas Filipino workers in distress.



of agreement with the Department of Justice (DOJ) whereby “qualified overseas contract workers” may avail of legal assistance from the Public Attorney’s Office.47

Recruitment in the Philippines may either be through the following: (1) Agency hire via licensed recruitment agencies; (2) Government placement, where a foreign government entity course its hiring through POEA’s Government Placement Branch (GPB); or (3) Name hires, those able to secure an overseas employment opportunity with an employer without going through any placement agency. General Recommendation 26 asks states to provide information on methods and procedures for migrating to work for women who wish to migrate independently of recruitment agencies.

The laws sufficiently protect women migrant workers who are agency, government or name hires. However, those who migrate for work abroad without going through a recruitment agency may not be aware of their rights and may not have access to relevant information such as labor laws and migrant workers’ rights. IRR Rule II, Section 1(u) defines irregular/undocumented Filipino migrant workers as those:

RA 8042 provides no mechanism for protection or monitoring of women migrant workers who found jobs independently of recruitment agencies48 or via informal channels49. Services, especially the PEOS and consular assistance, available under the law for workers hired through an agency or the GPB and name hires should likewise be available to those who sought employment through informal channels.

General Recommendation 26, paragraph 24 (b)(iv) requires recruitment agencies to participate in awareness-raising and training programs with emphasis on specific needs and problems of women. This can be achieved through the POEA, which is granted by law rule-making authority in determining the licensing requirements for those who wish to operate as a placement agency. Under Rule II of the POEA Licensing Rules, applicants who are qualified and possess none of the disqualifications must submit:

To guarantee compliance with the CEDAW obligation, the law should impose an additional requirement, which is for placement agencies to undergo gender-sensitive training, aside from attending a PEOS as earlier mentioned, as a condition for accreditation or licensing.

47 Persons qualified for assistance pursuant to existing Memoranda of Agreement (MOAs) and DOJ Directives, as set forth under Sec. 5, Art. II, Memorandum Circular No. 18, Series 2002, is hereby amended to read as follows: xxx 5. Qualified overseas contract workers in all cases within the original and exclusive jurisdiction of the Philippines Overseas Employment Administration

(Memorandum of Agreement between Public Attorneys Office (PAO) DOLE, POEA, OWWA and some NGOs, dated 2 April 1993);xxx” Retrieved from http://www.pao.gov.ph/28/Persons-Qualified-for-Legal-Assistance.

48 CEDAW General Recommendation 26, par. 24 (b)(iii).49 CEDAW Concluding Observations, par. 22.

1. Who acquired passports through fraud or misrepresentation

2. Who possess expired visas or permits to stay;3. Who have no travel documents4. Who have valid but inappropriate visas5. Whose employment contracts were not

processed by the POEA; or subsequently verified and registered on-site by the POLO, if required by law or regulation.

1. Certified copy of the articles of incorporation or of partnership

2. Proof of financial capacity, subject to certain criteria3. Financial statements, corporate tax returns4. Proof of marketing capability5. NBI Clearance of all members of the

Board, partners, proprietors6. Verified undertaking by the applicant



The obligations of both the countries of origin and destination under this section embrace the following:

Section 4 of RA 8042 provides that the State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected.

The following indicators were used to determine Philippine compliance with these obligations:1. Does the law establish implementing

measures over illegal recruitment offenses committed within the territory of the State and those outside its territory, when committed by or against its nationals?

2. Does the law ensure that appropriate State agencies fulfill their role in protecting the rights of women migrant workers when it implements its policies and programs?

3. Does the law identify the appropriate agencies to provide support services to illegally recruited persons?

4. Does the law provide for oversight and review mechanisms to make sure that budget is properly utilized and allocated?

5. Are there measures that provide assistance to safeguard the remittances of the migrant workers?

6. Does the law mandate a comprehensive, gender-sensitive, and accessible consular and diplomatic assistance and protection?

7. Are the relevant government agencies and stakeholders mandated by law to conduct research, data collection, and analysis identifying the problems and needs of women migrant workers?

1. Undertaking measures to respect and protect the human rights of female nationals who migrate for purpose of work (General Recommendation 26, paragraph. 24)

2. Conducting and supporting research, data collection and analysis to identify problems and needs of migrant women (General Recommendation 26, paragraph 23 (c) and General Recommendation 19, paragraph 24(c))

3. Seeking the active involvement of women migrant workers and relevant NGOs in policy formulation, implementation, monitoring, and evaluation (General Recommendation 26, paragraph 23 (b))

4. Entering into bilateral and regional cooperation (General Recommendation 26, paragraph 27 and Concluding Observations of the Philippines, paragraph 21)

5. Implementation of accreditation programs forrecruitment agencies (General Recommendation 26, paragraph 24 (c)(ii)).

This is in full compliance with the duty to engage in bilateral and regional cooperation as found in General Recommendation 26, paragraph 27 and Concluding Observations on the Philippines, paragraph 21. It is the responsibility of both the countries of origin and destination to

Service of Employment Contract

Full Compliance

“Section 4. Deployment of Migrant Workers. – The State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of overseas Filipino workers:(a) It has existing labor and social laws protecting the rights of workers, including migrant workers; (b) It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers, including migrant workers; and

(c) It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino Workers: Provided, That the receiving country is taking positive, concrete measures to protect the rights of migrant workers in furtherance of any of the guarantees under subparagraphs (a), (b) and (c) hereof. “In the absence of a clear showing that any of the aforementioned guarantees exists in the country of destination of the migrant workers, no permit for deployment shall be issued by the Philippine Overseas Employment Administration (POEA) xxx”



“formulate a gender-sensitive, rights-based policy on the basis of equality and non-discrimination.”50

Moreover, RA 8042, as amended by RA 10022 and its IRR, detail the functions and duties of the different government agencies.51 Section 37-B creates the Congressional Oversight Committee (COC) that sets guidelines and overall framework to monitor, ensure transparency and require the submission of reports from concerned government agencies

as well as submit periodic reports to the President of and Congress on the implementation. The COC is likewise tasked with determining weaknesses in the law and recommending the necessary remedial legislation or executive measures, among others. In Section 2(h), the State recognizes NGOs, trade unions, workers associations, stakeholders and their similar entities duly recognized as legitimate, as partners of the State in cooperation. A similar provision is found in IRR Section 1(h).

Formal assistance and cooperation by banking or financial institutions, where women migrant workers can course through their remittances, is indispensable in protecting the rights of migrants. There is a duty imposed on States Parties to establish measures to safeguard remittances.52

One of the reports that licensed agencies are required to submit is the remittance of foreign exchange earnings. Failing to do this is an act of illegal recruitment.53 However, reporting of foreign exchange earnings is not sufficient to safeguard the remittances of migrant workers. Provisions should be added to comply with the CEDAW obligation including financial education of women migrant workers and formal assistance and cooperation by banking or financial institutions where can course through their remittances.

This is crucial considering the limited mobility of some migrant women, where most of them have limited mobility. Irregular migrant workers do not have access to the banks because they lack necessary documents to open an account. Limited mobility is a problem even documented workers encounter when their place or work is

not located close to a bank or where laws in place prohibit going to public places including a bank, without a male companion.

Migrant domestic workers may experience society-wide vulnerability in destination countries. They are more vulnerable than other overseas Filipino workers because labour and social laws do not cover them. Within this context, it is the responsibility of the country of destination to ensure that their laws protect the rights of women migrant workers. Countries of destination must ascertain that women migrant workers have the ability to seek redress for violations of their rights.

It is in this light that RA 8042 provisions on diplomatic and consular protection must be in place to address the precarious conditions in the workplace, provide recourse options and legal assistance to the migrant worker upon termination of employment. Such protection should include quality support services available to women migrants, including timely provision of interpreters, medical care, counselling, legal aid and provision of shelter or safe passage home, when needed.

Specifically, one of the most common violations of RA 8042 is of Section 6, (i), which is the substitution “to the prejudice of the worker, employment contracts approved and verified by the DOLE

Partial Compliance

50 CEDAW General Recommendation 26, par 23 (a).51 The functions and duties of the different government

agencies are found in the following:

Department of Foreign Affairs, Sec. 23 (a); Department of Labor and Employment, Sec. 23 (b);

POEA, Sec. 23 (b.1.); Overseas Workers’ Welfare Administration,

Sec. 23 (b.2); DOH, Sec. 23 (c) and LGUs, Sec. 23 (d).52 General Recommendation 26, par. 24 (f).53 Philippines, RA 10022, Sec. 6(h).



from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the DOLE. The Department of Foreign Affairs (DFA) is “mandated to formulate and implement policies and programs to promote and protect the rights and welfare of Filipino migrants, and provide consular and legal assistance to overseas Filipinos in distress.” For the DFA to carry out its mandate effectively, there is need to increase the budgetary and human resources of consular offices in destination countries. This will enable them to monitor violations, such as contract substitution, which constitute illegal recruitment. In addition, proper training and supervision of diplomatic and consular staff is needed to ensure that they fulfil their role in protecting the rights of women migrant workers abroad.

Section 19(f) of the law establishes the Migrant Workers and Other Overseas Filipinos Resource Center under the jurisdiction of the Philippine Embassy in countries where there are large concentrations of Filipino migrant workers. This is operationalized under IRR Rule X, Section 18(g). One of the functions of the Resource Center is to provide gender-sensitive programs and activities to assist the particular needs of women migrant workers. These centers are required to be open for 24 hours daily, including weekends and holidays, to be staffed by Foreign Service personnel. This law should be amended to remove the prerequisite that there must be a large concentration of migrant workers for a Resource Centers to be established.

Instead, it should be available in all countries where there are women migrant workers. If this becomes too costly, then the Consular office should undertake the gender-specific services of these Resource Centers.

There is a need for a mechanism for easier redress of grievances through the consular offices. To protect the migrant workers, they should offer various services such as interpreters, medical care and reproductive health care. Access to adequate shelter and safe passage should also be ensured.

The law should likewise underscore that in places where there are no embassies or consulate offices, Filipino migrant workers should seek the intervention and assistance of national human rights institutions. This is important given that there are OFWs in 238 countries, but the Philippines only has around 90 embassies.

States Parties undertake the obligation to conduct and support research, data collection and analysis to identify problems and needs of migrant women.54 Using the indicator, “Are the relevant government agencies and stakeholders mandated by law to conduct research, data collection, and analysis identifying the problems and needs of women migrant workers?” the conclusion is that only partial compliance was achieved.

IRR Rule III, Section 8, paragraph 1, calls for the dissemination, by POEA and DFA, of information on labor and employment conditions, migration realities and other facts as well as adherence of particular countries to international standards of labor, Section 20, paragraph 3, establishes the Shared Government Information System for Migration. The inter-agency committee shall convene to identify existing database shared among member agencies. Even presuming that there is no problem in the implementation of these provisions, and data are collected, the question of whether the data is readily available and accessible remains. The law should thus be amended to require the creation of a database containing all relevant information and a list of services offered by various government agencies as well as those conducted by NGOs. A law mandating the periodic publication of data gathered by government and NGOs will improve dissemination of information on the problem areas and possible solutions that these problems that expose Filipino women migrant workers to abuse and exploitation.

54 CEDAW General Recommendation 26, par. 23 (c) and

CEDAW General Recommendation 19, par. 24(c).



General Recommendation 26, paragraph 24 (h), and General Recommendation 19, paragraph 16 require countries of origin to facilitate the return of women migrant workers free of coercion or abuse.

The legal indicators used to scrutinize compliance to the CEDAW of responsibilities specific to states of origin were as follows:

1. Does the law ensure that adequate protective mechanisms from reprisals by recruiters, employers or former spouses are available to returning migrant workers?

2. Are specific measures and procedures to be undertaken by the appropriate government agencies in place to facilitate the return of women migrant workers?

3. Does the law provide for a mechanism for the repatriation and assistance of women migrant workers in areas with armed conflict?

4. Are there clear and efficient programs in place intended to secure the proper reintegration of women migrant workers?

5. Are these programs gender-sensitive?6. Are the reintegration programs

comprehensive and rights-based?

States parties to CEDAW should ensure that women who wish to return to their countries of origin are able to do so free of coercion.55

The vulnerability of migrant women who wish to return home may be exacerbated by earlier violations committed by employers such as retention of their travel documents or by restrictions imposed by the host country on the ability of migrant women to move about freely or engage in social interaction within the state.

In the second paragraph of Section 15, the OWWA and other agencies are responsible for the repatriation

Repatriation and the expenses attendant thereto are meticulously catalogued in RA 8042. Section 15 of RA 8042 consigns to the agency that recruited or deployed the migrant worker the primary responsibility of repatriating that worker. All costs attendant to repatriation shall be charged to the recruitment agency. However, in cases where the termination of employment is due solely to the fault of the worker, the principal/employer or agency shall not be responsible for the repatriation of the worker or his or her belongings. All costs attendant to repatriation borne by the OWWA

of workers in case of war, epidemic, disasters or calamities, natural or man-made, and other similar events without prejudice to reimbursement by the responsible principal or agency. IRR Rule XIII, Section 5 on emergency repatriation, operationalizes this. IRR Rule III, Section 7 requires the DFA to issue travel advisories to notify the travelling public regarding the peace and order situation in a specific destination, without prejudice to reimbursement by the responsible principal or agency within 60 days from notice. It is in this particular circumstance that the law is sufficient.

may be charged to the Emergency Repatriation Fund provided in the Act, without prejudice to the OWWA requiring the agency/employer/insurer or the worker to reimburse the cost of repatriation.56 Moreover, IRR Rule XIII, Section 9 prohibits the imposition of bonds and deposits by the recruitment agency to guarantee performance under the contract or repatriation.

Return and Repatriation

Responsibility to Return and RepatriateFull Compliance

Partial Compliance

55 CEDAW General Recommendation 26, par 3.56 IRR Rule XIII, Sec. 7 .



Despite these provisions, repatriation appears to be limited to termination of employment. There are other cases where, despite the effectivity of the employment contract, repatriation is necessary. The law should include repatriation procedures in cases where there is a violation of labor laws by the employer or where the women migrant workers is abused or is a victim of any unlawful activity. Emergency repatriation, apart from cases where there is war, epidemics, or calamities, should be provided for in the law.

Another instance of partial compliance is where mandatory repatriation is called for. The repatriation of women migrant workers is the primary responsibility of the agency that recruited the worker, per Section 15, shall shoulder the costs. If the termination of the employment is the fault of the worker, then the agency shall not be responsible for the worker’s repatriation. IRR Rule XIII, Section 2, paragraph 3, further provides that: “Every contract for overseas employment shall provide for the primary responsibility of the principal or employer and agency to advance the cost of plane fare, and the obligation of the worker to refund the cost thereof in case his/her fault is determined by the Labor Arbiter.” In countries where there is a need to secure an exit visa, the principal or employer shall be primarily responsible for securing the same at no cost to the worker. 57

Repatriation is mandatory under Section 16 where the migrant worker is underage. Furthermore,

In analyzing compliance with the duty to provide services upon repatriation, the following CEDAW-based legal indicators were used:

the license of the responsible agency shall be automatically revoked and a fine of PhP500,000 to PhP1,000,000 shall be imposed on it. Mandatory repatriation and automatic revocation of the agency license should likewise extend to women migrant workers who are abused by their employers or who are victims of labor law violations in the county of destination, regardless of the women migrant workers age. The law should mandate the cooperation of the Consular services, POEA, the DFA, and the agency.

States Parties must provide comprehensive socio-economic, psychological and legal services aimed at facilitating reintegration of women.58 Before these services can be carried out successfully, foreign service officers and other government representatives should have undergone Gender Sensitivity Training. Considering that most of the officers are men, women victims of illegal recruitment and other acts of exploitation and violence hesitate to raise their concerns and talk about their predicament and this uncertainty can be overcome when the persons providing counselling are gender-sensitive.

Proper monitoring upon return of migrant women for protection against any and all forms of exploitation is likewise required.59 Moreover, the Magna Carta of Women mandates government to promote skills and entrepreneurship development of returning women migrant workers in order for them to avail of employment opportunities.60

Services and Enforcement Regimes

57 IRR Rule XIII, Sec. 2, paragraph 2.58 CEDAW General Recommendation 26, par. 24 (i).59 Id. par. 24(h).60 Philippines, RA 7610, Sec 23 (c).

1. Are there clear and efficient programs in place intended to secure the proper reintegration of women migrant workers?

2. Are these programs gender-sensitive?3. Are the reintegration programs

comprehensive and rights-based?4. Are legal services available to assert money

claims arising from breach of contracts and violations of migrant workers’ rights?

5. Are the persons who will be held liable for violations of migrant workers laws and the extent of their liability clearly identified?

6. Are there efficient enforcement mechanisms provided by law?



For claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino migrant workers, RA 10022 provides that the liability of the principal/employer and the recruitment or placement agency for any and all claims shall be joint and several.61 Money claims or damages that may be awarded to the workers are charged against the performance bond that was filed by the recruitment/placement agency. In ATCI Overseas Corporation et al. v. Echin,62

the court explained that:

Under the duty to provide diplomatic and consular protection, General Recommendation 26 paragraph 24 provides that: ”Where States parties have specific obligations under customary international law or treaties such as the Vienna Convention on Consular Relations, those obligations must be carried out in full in relation to women migrant workers.” Section 22 of RA 8042 zeroes in on enforcement mechanisms under international and regional human rights

Women migrant workers must be able to realize valid money claims arising from breach of contracts and violations of their rights. In compliance with the State’s duty to ensure availability of legal and administrative assistance66 there must be a system of liability that would ensure the satisfaction of their claims.

systems. It vests in the DFA authority to assess “avenues of redress under international and regional human rights systems that are available to Filipino migrant workers who are victims of abuse and violation and… pursue the same on behalf of the victim if it is legally impossible to file individual complaints.” It shall fully apprise the Filipino migrant workers of the existence and effectiveness of such legal options.

Another area where there is full compliance with the CEDAW obligation to provide legal aid to women mgrant workers for the protection of their rights, through the courts. RA 8042 identifies the venue for filing a criminal action arising from illegal recruitment with the trial court of the province or city where the offense was committed or where the offended party actually resides.64 Furthermore, Labor Arbiters of the National Labor Relations Commission exercise the original and exclusive jurisdiction over money claims including claims for actual, moral, exemplary and other forms of damages.65 The law in identifying the courts and quasi-judicial bodies as the proper venue and jurisdiction for these cases, facilitates the filing and prosecution of the case so that a wronged migrant worker can vindicate his or her rights.

Partial Compliance

Full Compliance

61 Philippines, RA 8042, as amended by RA 10022, Sec. 10.62 Philippines, General Register No. 178551, 11 October 2010.63 The law states “joint and several” liability, which is

contract law, is the same as “solidary liability.” There is no such thing as a “joint and solidary” liability, which is the term the Supreme Court uses unfortunately in its decision.

64 Philippines, RA 8042, Sec. 9. Venue.65 Id., Sec. 10.66 CEDAW General Recommendation 26, par. 24 (f).

According to RA 8042, as amended:“Section 10, paragraph 2 - The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to de filed by the recruitment/placement agency, as provided by law, shall be answerable

for all money claims or damages that may be awarded to the workers. If the agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.”

”In providing for the joint and solidary liability of private recruitment agencies with their foreign principals, RA 8042 precisely affords the OFWs with a recourse and assures them of immediate and sufficient payment of what id sue them.”63



RA 8042 affords the OFWs with recourse and assures them of immediate and sufficient payment of their just claim. The problem however is in Section 10, paragraph 5, which states that:

In the case of Serrano v. Gallant Maritime Services, Inc.67 the Supreme Court declared as unconstitutional the clause “for three months for every year of the unexpired term, whichever is less.” It was deemed to violate the equal protection clause68 under the Constitution considering that illegally dismissed local workers are guaranteed, under the Labor Code, reinstatement with full backwages in contrast to the payment of only three months collectible backwages under Section 10. The Court concluded that: “The subject clause singles out one classification of OFWs and burdens it with a peculiar disadvantage.”

In the case of Yap v Thenamaris Ship Management,69

the Court reiterated that “to rule otherwise would be iniquitous to petitioner and other OFWs, and would, in effect, send a wrong signal that principals/

employers and recruitment/manning agencies may violate an OFWs security of tenure which an employment contract embodies and actually profit from such violation based on an unconstitutional provision of law.” Hence, Section 10 of RA 8042 should be amended to conform to the minimum standard provided in the Labor Code.

Section 17 of RA 8042, as amended, and IRR Rule X, Secton 14 establishes the National Reintegration Center for OFWs (NRCO), tasked to provide the mechanism for reintegration into Philippine society. It is a one-stop center that will address the multi-faceted needs of OFW returnees and their families. Its functions are enumerated in Secton 18 and IRR Rule X, Section 15. Section 23(b.2) of the law that mandates the OWWA to formulate and implement welfare programs for OFWs and their families while they are abroad and upon their return.

Although it recognizes the “multi-faceted” needs of the repatriates, there are no gender-sensitive programs mentioned. Neither is a rights-based approach required in planning and carrying out reintegration programs. The law should be amended to include this. The NRCO should likewise have programs catered to women migrant workers like family relations, local job opportunities, counseling, and support groups. The NRCO should be given monitoring functions with respect to the effectiveness of its programs as well as the regularity of their conduct.

VII. CEDAW-Based Legal Review of Anti-Trafficking Laws

Compliance with Legal Indicators

“In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, …. The worker shall be entitled to full reimbursement of his placement fee and the deductions made with interest at 12% per annum, plus salaries for the unexpired portion of his employment contract for 3 months for every year of the unexpired term, whichever is less.”

Using the CEDAW legal indicators, particular sections of RA No. 9208, as amended by RA 10364 or “The Expanded Anti-Trafficking in Persons Act of 2012,” were assessed. In addition, RA No. 10158,70

was referred to in the light of the RA 9208 definition of prostitution.

The indicators used for this part of the legal review were the following:

67 Philippines, General Register No. 167614, 24 March 2009.68 Sec. 1, Art. III of the Constitution provides: Sec. 1. No person

shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

69 Philippines, General Register No. 179532, 30 May 2011.70 Philippines, RA 10158, An Act Decriminalizing Vagrancy,

Amending for this Purpose . Article 202 of Act No 3815, as amended, Otherwise Known as the Revised Penal Code. 27 March 2012.



1. Does the legal definition of trafficking include all forms of trafficking in women, both citizens and aliens?

2. Is the trafficking of alien women defined as a crime in the law?

3. Does the law protect the identity and privacy of trafficked persons?

4. Are trafficked persons exempt from prosecution?5. Is the prosecution of trafficking cases effective?6. Is a complaint on trafficking dismissed

automatically if the trafficked person desists from continuing with the case?

With the advancements in technology and means of transportation, trafficking in persons is as complicated as it is globalized. Thus a comprehensive definition of the term “trafficking” is necessary to embrace all forms of trafficking. RA 9208, as amended by RA 10364, prohibits trafficking and defines trafficking to include a whole range of acts.

Under Section 3(a) thereof, “Trafficking in Persons“ is defined as: “…the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the means set forth in the preceding.”

The acts that constitute trafficking can be a collection of these various acts or doing one act of obtaining, hiring, providing, offering, transporting, transferring, maintaining, harboring, or receiving a trafficked person. In the case of People v Lalli, 71 the Court held that:

7. Does the law establish jurisdiction over trafficking offenses committed within the territory of the State and those outside its territory, when committed by or against its nationals?

8. Are trafficked persons entitled to claim for compensation for damages suffered?

9. Does the law require for the rehabilitation or recovery and reintegration services of trafficked persons?

10. Does the law provide for economic alternatives for victims of exploitation (e.g. sustainable jobs)?

11. Does the law identify appropriate agencies to provide support?

Full Compliance

71 Philippines, General Register No. 195419, 12 October 2011.

“Trafficking in Persons under Sections 3(a) and 4 of RA 9208 is not only limited to transportation of victims, but also includes the act of recruitment of victims for trafficking. In this case, since it has been sufficiently proven beyond reasonable doubt, as discussed in Criminal Case No. 21930, that all the three accused (Aringoy, Lalli and Relampagos) conspired and confederated with one another to illegally recruit Lolita to



reinforced by Section 19, which permits an alien trafficked person to stay as long as necessary to effect the prosecution of offenders. It states that:

The law protects the identity and privacy of trafficked persons72 and provides for procedures for the protection of trafficked persons and witnesses from potential retaliation or intimidation. Since trafficking in persons is a grave felony as defined by Article 9 of the Revised Penal Code, trafficked persons who are “testifying or about to testify before any judicial or… before any investigating authority” are thus entitled to the witness protection program provided under RA 6981.73 This “preferential entitlement” is one of the amendments to RA 9208 provided in Article 18 of RA 10364.

Based on the legal indicators of the CEDAW-based legal review, the above-mentioned provisions, the local laws merited full compliance with CEDAW.

RA 9208 as amended likewise identifies all means for the commission of the crime of trafficking. Although the element of force is indicative of trafficking, the definition allows for other means including “taking advantage of the vulnerability of the person.” The law furthermore defines the purpose of trafficking to include various forms of exploitation. Hence, women who are offered to prisoners or brought to military camps as sexual commodities or recruited in evacuation sites, though externally bereft of signs of physical force, coercion or violence, do fall under the definition of trafficked persons since the crime was committed by taking advantage of their vulnerability.

Using the indicator: “Does the legal definition of trafficking include all forms of trafficking in women, both citizens and aliens?” full compliance by the law with CEDAW was determined. The definition looks at the acts, means and purpose to constitute trafficking in women as a crime and does not limit the scope of the law on the basis of nationality of the trafficked person. This broad definition is

Partial Compliance

Prosecution of Trafficking Cases

The laws are only partially compliant with CEDAW in the areas of prosecution of trafficking cases, enforcement regimes,

The purposes for which trafficking is done is clearly laid out by the law and include “exploitation or the prostitution of others and other forms of sexual

compensation for damages suffered and services available to trafficked persons.

exploitation, forced labor, slavery and slavery-like practices, and removal or sale of organs.” Once a person proves that he/she is a trafficked person,

become a prostitute in Malaysia, it follows that they are also guilty beyond reasonable doubt of the crime of Qualified Trafficking in Persons committed by a syndicate under RA 9208 because the crime of recruitment for prostitution also constitutes trafficking.”

“Trafficked Persons Who are Foreign Nationals. – Subject to the guidelines issued by the Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate protection, assistance and services available to trafficked persons under this Act: Provided, That they shall be permitted continued presence in the Philippines for a length of time prescribed by the Council as necessary to effect the prosecution of offenders.”

72 Section 7, RA 9208, As Amended, on Confidentiality. 73 Philippines, RA 6981, An Act Providing for A Witness Protection, Security and Benefit Program and for Other Purposes (1991).



between prostituted women and “freelance adult prostitutes”. They would not be considered women trafficked for the purpose of prostitution because no one is controlling their actions or prostituting them in any way, nor sharing in their earnings from the sexual services that they render. Hence, they are not victims of trafficking in persons since the second element is absent and are therefore, not entitled to immunity from suit under the Anti-Trafficking in Persons law. This negates the reality of constrained agency where the women’s capacity to act independently and make their own choices is limited by their economic and social situation, ethnicity, customs and other factors.

Section 8 of RA 9208, as amended, is germane to prosecution of trafficking cases:

the law exempts him/her from prosecution. The relevant provision is Section 17 of RA 9208, as amended, which states that:

The law further says that the consent of the victim to the criminal act is irrelevant. This is important given that under these oppressive circumstances the victim could not have exercised his/her own volition. In addition, the second paragraph of Section 17-C on Immunity from Suit, Prohibited Acts and Injunctive Remedies states that:

Despite these provisions, the laws are not fully compliant with CEDAW given that the last paragraph of Section 17 says that:

RA 1015874 amended Article 202 of the Revised Penal Code by decriminalizing vagrancy but kept the gender-biased definition of prostitutes as “women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct.” Juxtaposed with RA 9208, as amended, a category of prostituted women is created since they are not considered as trafficked persons. It should be noted that RA 10364 does not make any distinction as to the sex of the prostitute if he or she is a victim of trafficking.75

The Inter-Agency Council Against Trafficking (IACAT), created by government to ensure recovery, rehabilitation and reintegration of trafficked persons into the mainstream of society, explains this classification as one reflecting the difference

“Trafficked persons shall be recognized as victims of the act or acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking…or in obedience to the order made by the trafficker in relation thereto.”

“The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance pending final resolution and decision of criminal complaint for trafficking.”

“Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are not covered by Article 202 of the Revised Penal Code and as such, shall not be prosecuted, fined, or otherwise penalized under the said law.”

Section 8. Initiation and Prosecution of Cases. –

Any act involving the means provided in this Act or any attempt thereof for the purpose of securing an Affidavit of Desistance from the complainant shall be punishable under this Act.”

Initiation of Investigation. – Law enforcement agencies are mandated to immediately initiate investigation and counter-trafficking-intelligence gathering upon receipt of statements or affidavit from victims of trafficking, migrant workers, or their families who are in possession of knowledge or information about trafficking in persons cases.

Prosecution of Cases. – Any person who has personal knowledge of the commission of any offense under this Act, such as the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking.

Affidavit of Desistance. – Cases involving trafficking in persons should not be dismissed based on the affidavit of desistance executed by the victims or their parents or legal guardians. Public and private prosecutors are directed to oppose and manifest objections to motions for dismissal.

(a)

(b)

(c)

75 Philippines, RA 10364, Sec. 3 (c), Prostitution-refers to any act, transaction,, scheme or design involving the use of a person by another, for (2013).

74 Philippines, RA 10158,, An Act Decriminalizing Vagrancy, Amending for this Purpose Article 202 of Act No 3815, As Amended, Otherwise Known as the Revised Penal Code (2012).



Where trafficked persons or their parents execute an Affidavit of Desistance, it is not sufficient that the law provides for non-dismissal of the case. There is a positive duty of government to pursue it even in the absence of victim’s testimony, for as long as the elements of the crime are established. The law requires proof that the prohibited acts enumerated in Section 478 of RA 9208 as amended, were done for the “purpose to exploit.” Since this could be difficult to establish without the victim’s testimony, Courts should allow for direct or indirect or circumstantial evidence such as the traffickers’ contemporaneous and extemporaneous acts, or otherwise provide a

This provision on the initiation and prosecution of a trafficking case is laudable. However, there is no provision for courts to set up arrangements for non-face-to-face proceedings, such as video conferencing, in cases where the trafficked person’s safety or health is at risk. Recourse may be had though to Section 15, Rule 119 of the Revised Rules of Criminal Procedure76 which allows for testimonial examination of an unavailable prosecution witness. The Court however, held in Harry Go v People and Highdone Company Ltd.,77 held that this had to take place before the court where the case was pending and a court which allows otherwise gravely abuses its discretion.

76 Sec. 15. Examination of witness for the prosecution. – When it satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the court, or has to leave the Philippines with no definite date of returning, he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused.

77 CEDAW General Recommendation 185527, 7 July 2012.78 Sec. 4. Acts of Trafficking in Persons. – It shall be

unlawful for any person, natural or juridical, to commit any of the following acts:(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation.

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under RA No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage.(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation.(e) To maintain or hire a person to engage in prost itution or pornography.(f) To adopt persons by any form of consideration for exploitative purposes or to facilitate the same for purposes of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

(g) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person.

(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child to engage in armed activities in the Philippines or abroad.

( j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by means defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and involuntary servitude, including a scheme, plan, or pattern intended to cause the person either;(1) To believe that if the person did not perform such labor or services, he or she or another person would suffer serious harm or physical restraint.(2) To abuse or threaten the use of law or the legal processes

(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for purposes of exploitation or trading them, including but not limited to, the act of baring and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking for purposes of exploitation of children shall include.(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and forced labor, including recruitment of children for use in armed conflict.(2) The use, procuring or offering of a child for prostitution, for the production of pornography, or for pornographic performances.(3) The use, procuring or offering of a child for the production and trafficking of drugs.(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

(l) To organize or direct other persons to commit the offenses defined as acts of trafficking under this Act.



These provisions not withstanding, there is merely partial compliance with CEDAW since RA 10364 did not amend Article 26 of RA 9208. The law provides that the DOJ, in consultation with the DFA, shall “endeavour to include the offense of trafficking in persons among extraditable offenses.”80 The language of the law could have been stronger to make this an obligation of results by the State and impress on it the duty to enter into the necessary extradition treaties and bilateral agreements.

been commenced in the Philippines and other elements having been committed in another country, if the suspect or accused:

No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the Philippines, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Secretary of Justice.

The government may surrender or extradite persons accused of trafficking in the Philippines to the appropriate international court if any, or to another State pursuant to the applicable extradition laws and treaties.

Are trafficked persons entitled to claim compensation for damages suffered? The law provides that victims may pursue their claims for compensation and damages in a separate civil action.81 There is no specific provision for the award of damages in case of failure to reserve the right to file a separate civil action, although it may be presumed that the civil action is deemed instituted

with the criminal case. Likewise, when the trafficker claims that he/she has no assets, there is no remedy available in law for the trafficking victims.

Section 14 of RA 9208 provides for the confiscation and forfeiture, “in favor of the government”, of the proceeds and instruments derived from trafficking of persons. Under Section 15, these confiscated

specific remedy in the event the victim’s testimony cannot be obtained.

The Philippines is likewise partially compliant with CEDAW in the enforcement regime. The indicator that is useful here is whether the law grants domestic courts jurisdiction over trafficking offenses.

RA 9208, as amended, grants Philippine courts jurisdiction over the offense committed within the country’s territory and those, committed abroad when committed by or against Filipinos. It likewise provides for the venue where an action may be filed:

Consistent with the general rule that the courts of the place where the crime is committed acquires authority to hear and try the case, Section 26-A79

allows for the exercise of extra-territorial jurisdiction only under particular circumstances:

“Section 9. Venue. – A criminal action arising from violation of this Act shall be filed where the offense was committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of the commission of the offense: Provided, that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.”

Is a Filipino citizen; orIs a permanent resident of the Philippines; orHas committed the act against a citizen of the Philippines.

(a)(b)(c)

Section 26-A. Extra-Territorial Jurisdiction. – The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed outside the Philippines and whether or not such act or acts constitute an offense at the place of commission, the crime being a continuing offense, having

Compensation for Damages Suffered

79 Philippines, RA 9208.80 Id,. Sec. 26 81 Id,. Sec. 13.



These proceeds confiscated from the traffickers should likewise be available to satisfy claims for compensation by victims.

amounts shall be placed in a trust fund under the management of the Inter-Agency Council Against Trafficking82 and shall be “used exclusively for programs that will prevent acts of trafficking.”

Does the law require for rehabilitation/recovery and reintegration services for trafficked persons? Section 23 of RA 9208 provides for compulsory services for trafficked persons to achieve these objectives. It mandates concerned government agencies to make available the following services to trafficked persons:

From these provisions, it can be seen that the laws seek to provide the whole gamut of services to trafficked persons. Though legal and medical assistance for trafficking victims are directed to be given for free, the laws should require training of judicial and law enforcement officials, prosecutors, immigration officials, social workers and health providers on anti-trafficking laws. There is an urgent need for training in the appropriate and gender-sensitive way of advising trafficked persons to ensure that they are not discriminated against. There is still discrimination especially against those trafficked for sexual exploitation and hospitals are not sufficiently oriented about the matter. Furthermore, it is not enough that the law mandates that medical or psychological services be “made available”. Instead, like it did for legal services, the law should have required that medical services be given for free, especially in public hospitals.

The laws on anti-trafficking should likewise be part of the regular curriculum of the Mandatory Continuing Legal Education for Lawyers as well as the Judicial Academy of the Philippines’ training program for judges. Law already mandates counseling services to trafficked persons but again, the quality of counseling must be guaranteed by the law.

It is laudable though that the IACAT has entered into a memorandum with the IBP where the latter agreed to provide free legal services to victims of trafficking.

As regards the duty to provide for economic alternatives for victims of exploitation, the only thing provided by the laws is for the IACAT to:

Services Available to Trafficked Persons

82 Philippines, RA 9208, Sec. 20.

Emergency shelter or appropriate housingCounselingFree legal services which shall include information about the victims’ rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked personMedical or psychological servicesLivelihood and skills trainingEducational assistance to a trafficked child.

Legal Assistance. – Trafficked persons shall be considered under the category “Overseas Filipino in Distress” and may avail of the legal assistance created by RA 8042, subject to the guidelines as provided by law.Overseas Filipino Resource Centers. – The services available to overseas Filipinos as provided for by RA 8042 shall also be extended to trafficked persons regardless of their immigration status in the host country.The Country Team Approach. – The country team approach under Executive Order No. 74 of 1993, shall be the operational scheme under which Philippine embassies abroad shall provide protection to trafficked persons insofar as the promotion of their welfare, dignity

and fundamental rights are concerned.Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of whether they are documented or undocumented.”

(a)(b)(c)

(d)(e)(f)

(a)

(b)

(c)

Section 24. Other Services for Trafficked Persons



reintegration might be better placed with the DOLE. Section 16 of RA 9208, as amended, limits the mandate of DOLE in ensuring the “strict implementation and compliance with the rules and guidelines relative to the employment of persons locally and overseas.” At present, reintegration is solely with the Department of Social Welfare and Development (DSWD), which shall “implement rehabilitative and protective programs for trafficked persons.” To be meaningful, rehabilitation services for the reintegration of trafficked persons, involves a realistic budget. Therefore, a PhP10,000 financial support for victims cannot be considered a strategic reintegration program.

only those who prove that they are trafficked have a right to protection of identity and privacy.

The law puts the burden of proof on the person claiming that she is a trafficked person, instead of placing the onus on the persons doing the prohibited acts. Thus if a woman files a case against the persons who trafficked her but fails to prove it, the law does not exempt her from prosecution. RA 10158, Section 1, paragraph states that:

The act of procuring persons is not penalized. Only the prostituted woman, not her procurers or pimps, are held liable in any way.

Because RA 10158 refers to trafficking and does not consider all prostitutes exploited in prostitution, there is no law and no comprehensible services for victims of prostitution. The law does not mandate any State agency to address violations of the rights of prostituted women or to create viable economic alternatives for them.

Likewise, rehabilitation/recovery and reintegration services require the creation of sustainable jobs. The responsibility for

The CEDAW legal indicators used to review the laws on prostitution were as follows:

The response to all of these indicators is “No.” The conclusion reached is that the Philippine government is non-compliant with CEDAW obligation to remove all discriminatory measures pertaining to women in prostitution. Section 17 of the Anti-Trafficking Law classifies prostituted women into “victims of trafficking for purposes of prostitution” and those who are not. The law protects the identity and privacy of trafficked persons, but because it does not consider all prostituted women as trafficked,

No Compliance

“xxx(d) Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to trafficking in persons;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs;xxx”

“Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correctional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.”

1. Are women in prostitution exempt from prosecution or any form of involuntary detention?

2. Is the act of procuring persons for prostitution penalized?

3. Is the act of knowingly benefitting from the prostitution of others penalized?

4. Does the law provide for the protection of the identity and privacy of victims of exploitation of prostitution?

5. Does the law identify the appropriate agencies to provide support services to persons who are victims of prostitution?

6. Does the law require the establishment of refuges or shelters for victims of exploitation of prostitution?

7. Does the law mandate clearly the responsibilities of State agencies in addressing prostitution?



revocation of the agency’s license and where the culprit is an alien, deportation without further proceedings. The Migrant Workers Act should be amended to introduce a provision of confiscation and forfeiture of the proceeds of the crime of illegal recruitment. This is different from charges against the performance bond filed by the agency for money claims arising from the employer-employee relationship or claims for damages by the Filipino migrant workers.

about medical services even for victims of abuse or exploitation, unless there is a Migrant Workers and other Overseas Filipino Resource Center established due to the large concentration of Filipino migrant workers. Medical services should be available in public hospitals under both laws.

Compliance with CEDAW necessitates promulgation of laws that provide legal remedies and complaints mechanisms and make resort to courts and other systems of redress within reach. This means that laws have to be repealed or amended when these pose a hindrance for women migrant workers to access justice.

1. Philippine laws should provide arrangements for non-face-to-face proceedings, such as video conferencing, in cases where the trafficked person’s safety or health is at risk even in cases not involving children.

2. Prosecution of illegal recruiters and traffickers must be intensified by a law that extends the jurisdiction of Philippine courts and the application of Philippine law to crimes committed by illegal recruiters outside the Philippines if any of the acts constituting illegal recruitment occurs in another jurisdiction but involving Filipino citizens. Since a crime is an assault against the peace and order of a state and not just a violation of the rights of a particular

individual, the general rule is that the applicable law is the law of the place of the commission of the crime. However, there are exceptions to the territoriality principle. One such exception is found in Article 2 of the Revised Penal Code that applies, under specific situations, Philippine criminal law even if the crime was committed outside of the territory of the Philippines. Among these are where the offense is the forgery or counterfeiting of Philippines currency or securities issued by our government even when the forgery was done elsewhere; there were acts that took place elsewhere in connection with the introduction in the Philippines of such currency and securities; and where a crime against national security is committed. This provision should be amended to include the commission of any of the acts enumerated in Section 6 of RA 8032, as amended by RA 10022, which are an affront to the country’s national interest.

Section 14 of RA 9208 provides for the confiscation and forfeiture, “in favor of the government”, of the proceeds and instruments derived from trafficking of persons. Compensation and claims for damages filed by trafficked persons, against whom the crime was committed, should likewise be charged against these amounts if the traffickers assert that they have no properties or assets other than the amounts forfeited.Section 7 of RA 8042 imposes the penalties of imprisonment, payment of fine, automatic

Services to trafficked persons must be improved first, by mandating legal services to be free, as the law requires for migrant workers who were illegally recruited or are in distress. In contrast, the Anti-Trafficking Law provides for free medical services but the Migrant Workers Law is silent

RecommendationsAccess to Justice

Penalties and Claims

Services



government,” given that the latter is quite different from training programs.

The law should also expressly state that the LGUs shall be responsible for the training of barangay personnel on the promotion of the rights of migrant workers and trafficked persons. Consequently, the DILG must also be mandated to monitor and benchmark compliance by the various local government units of these government programs, including the capacity building of barangay workers.

effectiveness and relevance. Neither is it part of the inter-agency committee established in Section 20 of RA 8042, as amended by RA 10022.

The responsibility to initiate and sustain a heightened nationwide multi-media-campaign to raise the level of public awareness on the protection and promotion of the rights of migrant workers and trafficked persons should be placed with the Inter-Agency Council and not solely on the DSWD.

them. They need the equal protection of laws against rape and other forms of violence.” CEDAW and the General Recommendations do not make a distinction between or among prostituted women. The distinction in the laws between women trafficked into prostitution and prostituted women are contrived. This classification should be removed, and Article 202 of the Revised Penal Code should thus be repealed.

A less satisfactory alternative is for Congress to further amend Article 202 of the Revised Penal Code to: 1) redefine the term “prostitutes” so that what is punished is the commission of the act, which should not be dependent on the sex of the person doing the acts; and 2) penalize procurers and pimps who perform acts otherwise punished in RA 9208 by virtue of their profiting from the effects of the crime and use of trafficked persons in prostitution.

The law must mandate the integration of Anti-trafficking and Migrant Workers laws in continuing legal, medical and other professional trainings. For instance, the lead government agencies identified in Article 12 of RA 9208, as amended, must spearhead and implement programs for trafficked persons, including capacity building and monitoring. In the present law, rehabilitative and protective programs for trafficked persons are lodged only with the DSWD. It is not enough that the DILG institutes “a systematic information and prevention campaign in coordination with pertinent agencies of

Under RA 9208, the DSWD is the sole agency tasked with conducting information campaigns in communities and schools. The Department of Education (DepEd) is not among the government agencies mandated to implement information and education programs on anti-trafficking. The IACAT established in Section 20 of RA 9208, does not include the DepEd, which can play a crucial role in developing education and information materials and subject them to regular review to ensure their

RA 9208, as amended, provides safeguards for trafficked women, but when read together with RA 10158, these laws constructed a false distinction among persons exploited in prostitution. There have been numerous cases of criminalization, abuse, and torture of persons exploited in prostitution thus trafficked persons should include all persons in prostitution.

This is in breach of Article 6 of CEDAW and paragraph 13 of General Recommendation 19 where “States Parties are required by to take measures to suppress all forms of traffic in women and exploitation of the prostitution of women.“ Moreover, paragraph 15 of General Recommendation 19 recognizes that “[p]overty and unemployment force many women, including young girls, into prostitution. Prostitutes are especially vulnerable to violence because their status, which may be unlawful, tends to marginalize

Training Programs

Information and Education

Expanding Protection



DEV

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men

ded

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Om

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MIG

RATI

ON

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GEN

ERA

L)

Form

ulat

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of a

gend

er-s

ensi

tive,

right

s-ba

sed

polic

y on

the

basi

s of e

qual

ity a

ndno

n-di

scrim

inat

ion

in a

ll as

pect

s of

mig

ratio

n of

wom

en

(Gen

eral

Rec

omm

enda

tion

26, p

arag

raph

23(

a)).

The

repe

al o

f se

x-sp

ecifi

c ban

s and

di

scrim

inat

ory

rest

rictio

nson

wom

en’s

mig

ratio

non

the

basi

s of a

ge,

mar

ital s

tatu

s,pr

egna

ncy

orm

ater

nity

stat

us(G

ener

al R

ecom

men

datio

n 26

, par

agra

ph 2

4(a)

).

Equa

l and

inde

pend

ent a

cces

s to

trav

el d

ocum

ents

(Gen

eral

Rec

omm

enda

tion

26(e

)).

Take

mea

sure

s to

supp

ress

all

form

s of

gend

er-b

ased

vio

lenc

e(G

ener

al R

ecom

men

datio

n 19

, par

agra

ph 2

4(a)

).

Adop

t aco

mpr

ehen

sive

defin

ition

of i

rreg

ular

recr

uitm

ent a

ndpr

ovid

e le

gal s

anct

ions

for b

reac

h(G

ener

al R

ecom

men

datio

n 26

, par

agra

ph 2

4(c)

(i)).

Ther

e is

a la

ck o

f set

stan

dard

s on

wha

t‘g

ende

r’ is

all

abou

t and

how

it is

rela

ted

tom

igra

tion;

hum

an ri

ghts

in

stru

men

ts(e

.g. C

EDAW

Gen

eral

Re

com

men

datio

n 26

); in

stitu

tiona

l cap

acity

; an

d la

w-m

akin

g in

ge

nera

l is n

otge

nder

-resp

onsi

ve.

The

Filip

ino

labo

rm

igra

tion

has b

ecom

ege

nder

ed

mig

ratio

nba

sed

on g

ende

r di

visi

onof

labo

r. wom

en m

igra

nt

wor

kers

are

mor

evu

lner

able

. The

y ar

eco

ncen

trat

ed in

do

mes

ticw

ork,

care

wor

k, sa

les

and

serv

ices

.

With

the

incr

ease

innu

mbe

r of e

mpl

oym

ent,

the

num

ber o

f vic

tims o

fill

egal

recr

uitm

ent

cont

inue

s to

rise.

Ther

e is

a n

eed

topr

ovid

e fo

r aco

mpr

ehen

sive

proh

ibiti

on o

n ill

egal

recr

uitm

ent a

nd it

sre

late

d vi

olat

ions

.

A de

finite

set o

fst

anda

rds m

ust b

ein

corp

orat

ed in

the

law

to m

ake

itge

nder

-resp

onsi

ve.

Ther

e sh

ould

be

nodi

scrim

inat

ion

whe

nit

com

es to

opp

ortu

nitie

sfo

r em

ploy

men

t on

the

basi

s of g

ende

r.

The

law

mus

t be

com

preh

ensi

ve

and

flexi

ble

enou

gh to

cove

r all

form

s of

ille

gal

recr

uitm

ent

and

expl

oita

tion

of la

bor.

Doe

s th

e la

w

requ

ire

for

the

prov

isio

n of

a sp

ecifi

c se

t of

st

anda

rds

onm

igra

tion

law

spo

licie

s to

mak

eit

mor

e ge

nder

-re

spon

sive

?

Are

wom

enm

igra

nt w

orke

rsgi

ven

equa

l acc

ess

to e

mpl

oym

ent

oppo

rtun

itie

sun

der

the

law

?

Is il

lega

l re

crui

tmen

tpr

ohib

ited

?

Is t

hede

fini

tion

of

the

law

co

mpr

ehen

sive

and

flex

ible

enou

gh t

o co

ver

all f

orm

s of

gend

er-b

ased

viol

ence

?

Prob

lem

is w

ith

impl

emen

tatio

n. M

ay b

e am

ende

d by

pro

vidi

ng

benc

hmar

ks o

r min

imum

st

anda

rds t

o cr

eate

ge

nder

-sen

sitiv

e cr

iteria

in

impl

emen

ting

the

law

so

that

the

gove

rnm

ent

agen

cies

are

abl

e to

ad

dres

s the

de

fact

o si

tuat

ion

of w

omen

m

igra

nt w

orke

rs.

The

prov

isio

n w

ould

su

ppor

t the

pro

hibi

tion

on th

e im

posi

tion

of a

ny

sex-

spec

ific b

ans a

nd

disc

rimin

ator

y res

tric

tions

on

em

ploy

men

t op

port

uniti

es.

How

ever

, we

can

also

pr

ovid

e fo

r a m

ore

expl

icit

lang

uage

in

the

law

by

mak

ing

the

impo

sitio

n of

sex-

spec

ific b

ans o

ran

y di

scrim

inat

ory

rest

rictio

n on

em

ploy

men

t unl

awfu

lun

der t

he la

w.

The

defin

ition

of t

hela

w is

com

preh

ensi

ve.

The

chal

leng

e lie

s in

the

impl

emen

tatio

n of

the

law

and

the

pros

ecut

ion

of th

e of

fens

es.

Ther

e is

form

aleq

ualit

y.

The

law

ass

ures

fund

amen

tal

equa

lity

and

calls

for t

he S

tate

toap

ply

gend

er-

sens

itive

crite

ria.

The

defin

ition

of

illeg

al re

crui

tmen

tw

as a

men

ded

byRA

1002

2 w

hich

expa

nded

the

cove

rage

of a

cts

clas

sifie

d as

ille

gal

recr

uitm

ent.

FULL

Com

plia

nce

FULL

Com

plia

nce

FULL

Com

plia

nce

Sect

ion

2(b)

on

the

law

’s de

clara

tion

of st

ate

polic

ies p

rovi

des

that

the

Stat

e sh

all a

fford

full

prot

ectio

n to

labo

r and

pr

omot

e fu

ll em

ploy

men

t and

equ

ality

of

em

ploy

men

t opp

ortu

nitie

s.

In S

ecti

on 2

(d),

the

Stat

e af

firm

s th

e fu

ndam

enta

l eq

ualit

y be

fore

th

e la

w o

f w

omen

and

men

and

en

deav

ors

to a

pply

gen

der

sens

itive

cr

iteria

in

th

e fo

rmul

atio

n an

d im

plem

enta

tion

of

polic

ies

and

prog

ram

s af

fect

ing

mig

rant

wor

kers

.

Thes

e St

ate

polic

ies

are

reite

rate

d in

IR

R Se

ctio

n 1(

b) a

nd (d

).

“Gen

der

sens

itivi

ty”

is d

efine

d un

der

Sect

ion

3(b)

as

cogn

izan

ce o

f th

e in

equa

litie

s an

d in

equi

ties

prev

alen

t in

soc

iety

bet

wee

n w

omen

and

men

an

d a

com

mitm

ent

to a

ddre

ss is

sues

w

ith

conc

ern

for

the

resp

ectiv

e in

tere

sts o

f the

sexe

s.

Sect

ion

6 of

the

law

defi

nes

illeg

al

recr

uitm

ent

as a

ny a

ct o

f can

vass

ing,

en

listin

g,

cont

ract

ing,

tr

ansp

ortin

g,

utili

zing

, hiri

ng, o

r pr

ocur

ing

wor

kers

an

d in

clud

es

refe

rrin

g,

cont

ract

se

rvic

es,

prom

isin

g or

ad

vert

isin

g fo

r em

ploy

men

t ab

road

, w

heth

er

for

profi

t or

not

, w

hen

unde

rtak

en

by

non-

licen

see

or

non-

hold

er

of

auth

ority

con

tem

plat

ed u

nder

Art

icle

13

(f)

of P

resi

dent

ial

Dec

ree

No.

442

, as

am

ende

d, o

ther

wis

e kn

own

as t

he

Labo

r Cod

e of

the

Phili

ppin

es

It al

so i

nclu

des

the

follo

win

g ac

ts,

whe

ther

com

mitt

ed b

y AN

Y pe

rson

(li

cens

ed o

r not

):

To c

harg

e or

acc

ept

any

amou

nt

grea

ter t

han

that

spe

cified

in th

e sc

hedu

le o

f fee

s by t

he D

OLE.

(a)



DEV

ELO

PIN

G C

EDA

W L

EGA

L IN

DIC

ATO

RSD

ETER

MIN

ING

CO

MPL

IAN

CE A

ND

REC

OM

MEN

DA

TIO

NS

STEP

1CE

DA

WO

blig

atio

ns(A

rtic

les

6 an

d 11

, CE

DA

W)

STEP

4CE

DA

W L

egal

Indi

cato

rs

STEP

6Co

mpl

ianc

eST

EP 8

Reco

mm

enda

tion

s

STEP

7Ex

plan

atio

nan

dCo

mm

ents

STEP

2Si

tuat

ion,

Issu

es

and

Conc

erns

STEP

3Po

ints

Nee

ded

inLa

w

STEP

5Re

leva

nt L

aws

(RA

804

2, A

s A

men

ded

by R

A 1

0022

and

its

Om

nibu

s IR

R)

MIG

RATI

ON

OF

WO

MEN

(IN

GEN

ERA

L)Fu

rnis

h or

pu

blis

h fa

lse

noti

ce

or

info

rmat

ion

or

docu

men

t in

re

lati

on

to

empl

oym

ent

or r

ecru

itm

ent.

To

com

mit

any

act

of

mis

repr

esen

tatio

n fo

r pu

rpos

e of

secu

ring

licen

se o

r aut

horit

y.To

indu

ce o

r atte

mpt

to in

duce

a

wor

ker

alre

ady

empl

oyed

to

quit

his

empl

oym

ent

in o

rder

to

offe

r hi

m a

noth

er u

nles

s the

tran

sfer

is

desig

ned

to lib

erat

e a

wor

kerfr

om

oppr

essiv

e em

ploy

men

t ter

ms.

Influ

ence

or

at

tem

pt

to

in

fluen

ce a

ny p

erso

n or

ent

ity

not

to e

mpl

oy a

ny w

orke

r w

ho

has n

ot a

pplie

d fo

r em

ploy

men

t th

roug

h hi

s age

ncy.

To

enga

ge

in

recu

itmen

t or

pl

acem

ent

in j

obs

harm

ful

to

publ

ic

heal

th

or

mor

ality

or

di

gnity

of t

he R

epub

lic.

To

obst

ruct

or

at

tem

pt

to

obst

ruct

DO

LE i

nspe

ctio

n.To

fail

to su

bmit

repo

rtso

n st

atus

of e

mpl

oym

ent,

plac

emen

t vac

anci

es,

rem

ittan

ce o

f for

eign

exc

hang

e ea

rnin

gs, s

epar

atio

n fr

om jo

bs,

and

such

oth

er m

atte

rs a

s may

be

requ

ired

by D

OLE

.To

subs

titut

e or a

lter t

o the

preju

dice

of

th

e w

orke

r, em

ploy

men

t co

ntra

cts

appr

oved

an

d ve

rified

by

DOL

E fro

m a

ctua

l sig

ning

up

to

expi

ratio

n w

ithou

t DOL

E app

rova

l.Fo

r an

offi

cer

or a

gent

of

a

recr

uitm

ent o

r pla

cem

ent a

genc

y to

bec

ome

an o

ffice

r or m

embe

r of

the

Boa

rd o

f an

y co

rpor

atio

n en

gage

d in

tra

vel

agen

cy o

r be

en

gage

d di

rect

ly or

ind

irect

ly in

m

anag

emen

t of t

rave

l age

ncy.

To

with

hold

or

de

ny

trav

el

docu

men

ts

from

ap

plic

ant

wor

kers

fo

r re

ason

s ot

her

than

tho

se a

utho

rize

d un

der

the

Labo

r Cod

e.Fa

ilure

to

de

ploy

co

ntra

cted

w

orke

r w

ithou

t va

lid re

ason

as

dete

rmin

ed b

y D

OLE

.Fa

ilure

to

re

imbu

rse

expe

nses

in

curre

d by

wor

ker i

n co

nnec

tion

with

do

cum

enta

tion

and

proc

essin

g fo

r pu

rpos

es

of

depl

oym

ent,

in

case

s w

here

de

ploy

men

t doe

s not

actu

ally

take

pl

ace w

ithou

t wor

ker’s

faul

t.To

allo

w n

on-F

ilipi

nos t

o he

ad o

r m

anag

e a

licen

sed

recr

uitm

ent

or m

anni

ng a

genc

y.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i) (j)

(k)

(l) (m)

(n)



Prov

ide

com

mun

ityaw

aren

ess,

incl

udin

gth

e m

edia

(Gen

eral

Re

com

men

datio

n 26

, pa

ragr

aph

24(b

)(v)

and

(vi);

also

Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

24(d

)).

Prov

ide

a lis

t of

auth

entic

, rel

iabl

ere

crui

tmen

t age

ncie

san

d cr

eate

a u

nifie

din

form

atio

n sy

stem

on

ava

ilabl

e jo

bs

abro

ad (G

ener

al

Reco

mm

enda

tion

26,

para

grap

h 24

(b)(i

i)).

The

stig

ma

expe

rienc

edby

wom

en m

igra

ntw

orke

rs.

Lack

of s

uppo

rt in

the

com

mun

ity le

vel.

Wom

en m

igra

nt

wor

kers

still

fall

vict

im

to u

nacc

redi

ted

or

unlic

ense

d ag

enci

es.

Pros

pect

ive

empl

oyee

s do

not

kno

w w

here

to

acc

ess r

elev

ant

info

rmat

ion.

The

loca

lgo

vern

men

t uni

tssh

ould

be

tapp

ed a

sin

form

atio

n an

dsu

ppor

t cen

ters

.

Wom

en m

igra

ntw

orke

rs m

ust h

ave

read

y ac

cess

to a

list

of a

ccre

dite

dag

enci

es a

nd jo

bad

viso

ries a

broa

d.

Gov

ernm

ent a

genc

ym

ust m

aint

ain

anup

date

d da

taba

sere

adily

ava

ilabl

e an

dac

cess

ible

by

the

publ

ic w

hich

wou

ldin

clud

e al

l rel

evan

tin

form

atio

n.

Are

the

re

prog

ram

spr

ovid

ed b

y la

wpr

omot

ing

com

mun

ity

awar

enes

s?

Is in

form

atio

n on

acc

redi

ted

recr

uitm

ent

agen

cies

ava

ilabl

e to

the

pub

lic?

Doe

s th

e la

w

man

date

a s

yste

m

for

repo

rtin

g an

d up

dati

ng

all r

elev

ant

info

rmat

ion

need

ed b

y m

igra

nt

wor

kers

?

Law

is co

mpl

iant

.Ac

tive

part

icip

atio

n of

LGU

s, N

GO

s, an

d go

vern

men

t age

ncie

s in

the

cond

uct o

f co

mm

unity

aw

aren

ess

is C

OM

PULS

ORY

.

AM

END

.The

PO

EA

shou

ld b

e m

anda

ted

by la

w to

mai

ntai

n an

up

-to-

date

dat

abas

e of

the

accr

edite

d re

crui

tmen

t and

pl

acem

ent a

genc

ies

avai

labl

e to

the

publ

ic,

pref

erab

ly o

ver t

he

inte

rnet

.

Info

rmat

ion

such

as

offic

e ad

dres

s, co

ntac

t de

tails

, acc

redi

tatio

ns,

blac

k lis

ted

agen

cies

, m

ust b

e in

clud

ed.

It sh

ould

be

note

d ho

wev

er th

at a

lthou

gh n

ot

man

date

d by

the

law

, PO

EA

prod

uces

a li

st o

f acc

redi

ted

agen

cies

pub

lishe

d on

line

and

in p

rint.

The

POEA

has

a w

ebsi

te a

nd

mob

ile a

pplic

atio

n w

hich

ca

n be

dow

nloa

ded

on

smar

tpho

nes w

here

one

co

uld

chec

k on

the

stat

us

of th

e re

crui

tmen

t and

pl

acem

ent a

genc

y th

ey a

re

deal

ing

with

. PO

EA a

lso

publ

ishe

s a li

st o

f age

ncie

s on

a q

uart

erly

bas

is.

The

law

calls

fo

r the

act

ive

part

icip

atio

n of

LG

Us,

NG

Os a

nd

gove

rnm

ent

agen

cies

in th

eco

nduc

t of

com

mun

ityaw

aren

ess.

Acce

ss to

info

rmat

ion

isne

cess

ary.

Ther

e m

ust b

e a

stric

tly e

nfor

ced

licen

sing

and

re

gist

ratio

n sy

stem

refle

cted

in

an u

p-to

-dat

e da

taba

se.

IRR

Rule

XII,

Sec

tion

1 p

rovi

des t

hat

the

LGU

s, D

ILG

, in p

artn

ersh

ip w

ith th

e PO

EA, o

ther

con

cern

ed a

genc

ies

and

NG

Os

shal

l ta

ke a

pro

activ

e st

ance

by

bei

ng p

rimar

ily re

spon

sibl

e fo

r the

di

ssem

inat

ion

of in

form

atio

n to

the

ir co

nstit

uent

s on

all a

spec

ts o

f ove

rsea

s em

ploy

men

t.

The

LGU

sha

ll: (

1) la

unch

cam

paig

ns

agai

nst i

llega

l rec

ruitm

ent,

(2) p

rovi

de

a ve

nue

for t

he c

ondu

ct o

f PEO

S on

a

regu

lar

basi

s, (3

) es

tabl

ish

OFW

hel

p de

sks

end.

(4) e

stab

lish

and

mai

ntai

n a

data

base

This

is in

com

plia

nce

with

the

role

of

gove

rnm

ent

agen

cies

und

er S

ecti

on23

of t

he la

w.

IRR

Rule

VI

, Se

ctio

n 24

, pa

ragr

aph

1 pr

ovid

es

that

th

e PO

EA s

hall

mai

ntai

n an

d st

reng

then

its

pa

rtne

rshi

p w

ith

LGU

s, ot

her

gove

rnm

ent

agen

cies

an

d N

GO

s fo

r th

e pu

rpos

e of

dis

sem

inat

ion

of

info

rmat

ion

on a

ll as

pect

s of

ove

rsea

s em

ploy

men

t.

The

mai

n fu

nctio

n of

PO

EA,

unde

r Se

ctio

n 23

(b.1

)is

the

regu

latio

n of

priv

ate

sect

or p

artic

ipat

ion

in t

he

recr

uitm

ent a

nd o

vers

eas

plac

emen

t of

wor

kers

by

sett

ing

up a

lice

nsin

g an

d re

gist

ratio

n sy

stem

. Also

fou

nd in

IRR

Ru

le X

, Sec

tion

3.

IRR

Rule

VI,

Sect

ion

24 p

rovi

des

that

th

e PO

EA

shal

l co

ntin

uous

ly

prov

ide

the

conc

erne

d en

titie

s (L

GU

s, N

GO

s, ot

her

gove

rnm

ent

agen

cies

) w

ith a

lis

t of

lic

ense

d ag

enci

es a

nd

entit

ies a

nd in

form

atio

n m

ater

ials

.

IRR

Rule

X,

Sect

ion

4, o

n hi

ring

thro

ugh

the

POEA

, a

syst

em

of

recr

uitm

ent

and

plac

emen

t is

in

pl

ace.

The

PO

EA s

hall

depl

oy o

nly

to

coun

trie

s w

here

the

Phi

lippi

nes

has

conc

lude

d bi

late

ral

agre

emen

ts

or

arra

ngem

ents

.

IRR

Ru

le V

I, Se

ctio

n 2

4pr

ovid

es

that

the

PO

EA s

hall

cont

inuo

usly

pr

ovid

e th

e co

ncer

ned

entit

ies (

LGU

s, N

GO

s, ot

her

gove

rnm

ent

agen

cies

) w

ith a

list

of

licen

sed

agen

cies

and

en

titie

s an

d in

form

atio

n m

ater

ials

.

PRE-

DEP

ART

URE

Illeg

al r

ecru

itmen

t is

dee

med

co

mm

itted

by

a

synd

icat

e if

carr

ied

out

by a

gro

up o

f 3

or

mor

e pe

rson

s co

nspi

ring

or

co

nfed

erat

ing

with

one

ano

ther

FULL

Com

plia

nce

PART

IAL

Com

plia

nce

Furn

ish

or

publ

ish

fals

e no

tice

or

in

form

atio

n or

do

cum

ent

in

rela

tion

to

em

ploy

men

t or

rec

ruit

men

t.To

co

mm

it an

y ac

t of

m

isre

pres

enta

tion

for

purp

ose

of se

curin

g lic

ense

or a

utho

rity.

To in

duce

or a

ttem

pt to

indu

ce a

w

orke

r al

read

y em

ploy

ed t

o qu

it hi

s em

ploy

men

t in

ord

er t

o of

fer

him

ano

ther

unl

ess t

he tr

ansf

er is

de

signe

d to

liber

ate

a w

orke

rfrom

op

pres

sive e

mpl

oym

ent t

erm

s.In

fluen

ce

or

atte

mpt

to

influ

ence

any

per

son

or e

ntity

no

t to

em

ploy

any

wor

ker

who

ha

s not

app

lied

for e

mpl

oym

ent

thro

ugh

his a

genc

y.To

en

gage

in

re

cuitm

ent

or

plac

emen

t in

job

s ha

rmfu

l to

pu

blic

he

alth

or

m

oral

ity

or

dign

ity o

f the

Rep

ublic

. To

ob

stru

ct

or

atte

mpt

to

ob

stru

ct D

OLE

ins

pect

ion.

To fa

il to

subm

it re

port

son

stat

us o

f em

ploy

men

t, pl

acem

ent v

acan

cies

, re

mitt

ance

of f

orei

gn e

xcha

nge

earn

ings

, sep

arat

ion

from

jobs

, an

d su

ch o

ther

mat

ters

as m

ay

be re

quire

d by

DO

LE.

To su

bstit

ute o

r alte

r to t

he pr

ejudi

ce

of

the

wor

ker,

empl

oym

ent

cont

ract

s ap

prov

ed

and

verif

ied

by D

OLE

from

act

ual s

igni

ng u

p to

ex

pira

tion

with

out D

OLE a

ppro

val.

For

an o

ffice

r or

age

nt

of a

re

crui

tmen

t or p

lace

men

t age

ncy

to b

ecom

e an

offi

cer o

r mem

ber

of t

he B

oard

of

any

corp

orat

ion

enga

ged

in t

rave

l ag

ency

or

be

enga

ged

dire

ctly

or i

ndire

ctly

in

man

agem

ent o

f tra

vel a

genc

y.To

w

ithho

ld

or

deny

tr

avel

do

cum

ents

fr

om

appl

ican

t w

orke

rs

for

reas

ons

othe

r th

an t

hose

aut

hori

zed

unde

r th

e La

bor C

ode.

Failu

re

to

depl

oy

cont

ract

ed

wor

ker

with

out

valid

reas

on a

s de

term

ined

by

DO

LE.

Failu

re

to

reim

burs

e ex

pens

es

incu

rred

by w

orke

r in

conn

ectio

n w

ith

docu

men

tatio

n an

d pr

oces

sing

for

purp

oses

of

de

ploy

men

t, in

ca

ses

whe

re

depl

oym

ent d

oes n

ot ac

tual

ly ta

ke

plac

e with

out w

orke

r’s fa

ult.

To a

llow

non

-Fili

pino

s to

head

or

man

age

a lic

ense

d re

crui

tmen

t or

man

ning

age

ncy.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i) (j)

(k)

(l) (m)

(n)



Del

iver

or f

acili

tate

free

or a

fford

able

gend

er- a

ndrig

hts-

base

d pr

e-de

part

ure

info

rmat

ion

and

trai

ning

pro

gram

s (G

ener

al

Reco

mm

enda

tion

26,

para

grap

h 24

(b)(i

)).

The

Pre-

Dep

artu

reO

rient

atio

n Se

min

ar(P

DO

S)m

anda

ted

by R

A 80

42 is

not

gend

er-s

ensi

tive.

Proj

ects

man

date

dan

d im

plem

ente

dby

the

law

mus

t be

gend

er-s

ensi

tive

and

gend

er-

resp

onsi

ve.

Doe

s th

e la

wpr

ovid

e fo

r a

gend

er-

sens

itiv

ean

d ge

nder

-re

spon

sive

pre-

depa

rtur

epr

ogra

ms?

AM

END

.The

pro

visi

on

on th

e PE

OS

mus

t be

mor

e sp

ecifi

c and

pr

ovid

e fo

r min

imum

m

anda

tory

topi

cs to

be

disc

usse

d.

Amon

g th

ese

are:

(1)

righ

ts o

f WM

Ws,

(2)

the

de fa

cto

situ

atio

n of

wom

en, (

3) se

rvic

es

avai

labl

e to

them

, (4)

ho

w to

resp

ond

durin

g em

erge

ncy

situ

atio

ns a

nd (5

) re

leva

nt la

bor l

aws.

The

PEO

S sh

ould

be

mad

em

anda

tory

with

se

para

te p

rogr

ams

for m

igra

nt w

orke

rs

and

the

recr

uitm

ent a

genc

ies.

A re

gula

r PEO

S fo

r re

crui

tmen

t ag

enci

es sh

ould

be

mad

e a

cond

ition

fo

r the

issu

ance

of a

lic

ense

.

The

PEO

S sy

stem

shou

ld

be d

one

in th

e fo

llow

ing

segm

ents

, eac

h pr

ogra

m

sens

itive

to th

e ne

eds o

f th

e gr

oups

:

Emph

asis

on th

e co

nten

t: la

bor c

ontr

acts

, le

gal r

ight

s, en

title

men

ts,

redr

ess a

nd

grie

vanc

e pr

oces

s, su

ppor

t m

easu

res,

gene

ral

repr

oduc

tive

heal

th,

heal

th ca

rein

form

atio

n

One

of t

he to

pics

to

be

disc

usse

d in

th

e PE

OS

is g

ende

r-se

nsiti

vity

with

out

any

defin

ition

on

wha

t thi

s is.

Also

, PEO

S is

cond

ucte

d be

fore

th

e sc

hedu

led

date

of d

epar

ture

.

PART

IAL

Com

plia

nce

Sect

ion

23 (

b1.,

para

grap

h 2)

man

date

s the

POEA

, tog

ethe

r with

ot

her

law

-enf

orce

men

t ag

enci

es,

to

prov

ide

a co

mpr

ehen

sive

Pr

e-Em

ploy

men

t O

rient

atio

n Se

min

ars

(PEO

S) t

hat

will

dis

cuss

to

pic

such

as

pr

even

tion

of

illeg

al r

ecru

itmen

t an

d ge

nder

-se

nsiti

vity

.

IRR

Rule

III

, Se

ctio

n 8

calls

fo

r th

e PO

EA

to

unde

rtak

e di

ffere

nt m

odes

of

info

rmat

ion

diss

emin

atio

n ca

mpa

igns

suc

h as

th

e co

nduc

t of t

he P

EOS.

IRR

Rule

IV

, Se

ctio

n 23

on

the

PEO

S co

vers

su

ch

as

lega

l m

odes

of

hi

ring

for

over

seas

em

ploy

men

t, rig

hts,

resp

onsi

bilit

ies

and

oblig

atio

ns

of

mig

rant

w

orke

rs,

heal

th

issu

es,

prev

entio

n an

d m

odus

oper

andi

of

illeg

al r

ecru

itmen

t, an

d ge

nder

sens

itivi

ty.

Wom

en w

ho p

lan

to

purs

ue

empl

oym

ent

abro

adW

omen

un

derg

oing

th

e pl

acem

ent p

roce

ssW

omen

al

read

y pl

aced

an

d ha

ve

a sc

hedu

led

date

of

de

part

ure

1. 2. 3.

DEV

ELO

PIN

G C

EDA

W L

EGA

L IN

DIC

ATO

RSD

ETER

MIN

ING

CO

MPL

IAN

CE A

ND

REC

OM

MEN

DA

TIO

NS

STEP

1CE

DA

WO

blig

atio

ns(A

rtic

les

6 an

d 11

, CE

DA

W)

STEP

4CE

DA

W L

egal

Indi

cato

rs

STEP

6Co

mpl

ianc

eST

EP 8

Reco

mm

enda

tion

s

STEP

7Ex

plan

atio

nan

dCo

mm

ents

STEP

2Si

tuat

ion,

Issu

es

and

Conc

erns

STEP

3Po

ints

Nee

ded

inLa

w

STEP

5Re

leva

nt L

aws

(RA

804

2, A

s A

men

ded

by R

A 1

0022

and

its

Om

nibu

s IR

R)

Sect

ion

2(e)

– f

ree

acce

ss t

o th

e co

urts

an

d qu

asi-j

udic

ial

bodi

es

and

adeq

uate

lega

l ass

ista

nce

shal

l N

OT b

e de

nied

to

any

pers

on b

y re

ason

of p

over

ty.

The

act

of s

ubst

itutin

g or

alte

ring

to

the

prej

udic

e of

th

e w

orke

r, em

ploy

men

t co

ntra

cts

appr

oved

an

d ve

rified

by

DO

LE f

rom

act

ual

sign

ing

up t

o ex

pira

tion

with

out

the

appr

oval

of

DO

LE is

an

act

of

illeg

al re

crui

tmen

t (Se

ctio

n 6(

i)).



AM

END

.The

pro

visi

on

on th

e PE

OS

mus

t be

mor

e sp

ecifi

c and

pr

ovid

e fo

r min

imum

m

anda

tory

topi

cs to

be

disc

usse

d.

Amon

g th

ese

are:

(1)

righ

ts o

f WM

Ws,

(2)

the

de fa

cto

situ

atio

n of

wom

en, (

3) se

rvic

es

avai

labl

e to

them

, (4)

ho

w to

resp

ond

durin

g em

erge

ncy

situ

atio

ns a

nd (5

) re

leva

nt la

bor l

aws.

The

PEO

S sh

ould

be

mad

em

anda

tory

with

se

para

te p

rogr

ams

for m

igra

nt w

orke

rs

and

the

recr

uitm

ent a

genc

ies.

A re

gula

r PEO

S fo

r re

crui

tmen

t ag

enci

es sh

ould

be

mad

e a

cond

ition

fo

r the

issu

ance

of a

lic

ense

.

The

PEO

S sy

stem

shou

ld

be d

one

in th

e fo

llow

ing

segm

ents

, eac

h pr

ogra

m

sens

itive

to th

e ne

eds o

f th

e gr

oups

:

PART

IAL

Com

plia

nce

Sect

ion

23 (

b1.,

para

grap

h 2)

man

date

s the

POEA

, tog

ethe

r with

ot

her

law

-enf

orce

men

t ag

enci

es,

to

prov

ide

a co

mpr

ehen

sive

Pr

e-Em

ploy

men

t O

rient

atio

n Se

min

ars

(PEO

S) t

hat

will

dis

cuss

to

pic

such

as

pr

even

tion

of

illeg

al r

ecru

itmen

t an

d ge

nder

-se

nsiti

vity

.

IRR

Rule

III

, Se

ctio

n 8

calls

fo

r th

e PO

EA

to

unde

rtak

e di

ffere

nt m

odes

of

info

rmat

ion

diss

emin

atio

n ca

mpa

igns

suc

h as

th

e co

nduc

t of t

he P

EOS.

IRR

Rule

IV

, Se

ctio

n 23

on

the

PEO

S co

vers

su

ch

as

lega

l m

odes

of

hi

ring

for

over

seas

em

ploy

men

t, rig

hts,

resp

onsi

bilit

ies

and

oblig

atio

ns

of

mig

rant

w

orke

rs,

heal

th

issu

es,

prev

entio

n an

d m

odus

oper

andi

of

illeg

al r

ecru

itmen

t, an

d ge

nder

sens

itivi

ty.

Sect

ion

13 p

rovi

des

for

am

echa

nism

for

fre

e le

gal

assi

stan

ce

for

vict

ims

of i

llega

l re

crui

tmen

t to

be

est

ablis

hed

in a

nti-i

llega

l br

anch

of

PO

EA a

nd r

egio

nal o

ffice

s; al

so t

he

right

to p

refe

rent

ial e

ntitl

emen

t of t

he

vict

im o

f ille

galr

ecru

itmen

t un

der

the

Witn

ess P

rote

ctio

n Pr

ogra

m.

Sect

ion

24 cr

eate

s the

Lega

l Ass

ista

nt

for M

igra

nt W

orke

rs A

ffairs

und

er th

e D

FA, w

hich

is p

rimar

ily re

spon

sibl

e fo

r th

e pr

ovis

ion

and

over

all c

oord

inat

ion

of a

ll le

gal

assi

stan

ce s

ervi

ces

to b

e pr

ovid

ed t

o Fi

lipin

o m

igra

nt w

orke

rs

as w

ell a

s O

FWs

in d

istr

ess.

Amon

g its

func

tions

are

:

IRR

Rule

VI,

Sect

ion

2 pr

ovid

e fo

r fr

ee le

gal s

ervi

ce t

o vi

ctim

s of

ille

gal

recr

uitm

ent.

The

LGU

s ar

e m

anda

ted

unde

rIRR

Rul

e XI

I, Se

ctio

n 1(

a) t

o pr

ovid

e le

gal a

ssis

tanc

e to

vic

tims

of

illeg

al r

ecru

itmen

t. In

sofa

r as

lab

or

cont

ract

s ar

e co

ncer

ned,

th

e D

OLE

ov

erse

as o

pera

ting

arm

sha

ll be

the

PO

LO (P

hilip

pine

Ove

rsea

s Lab

or O

ffice

) w

hich

ver

ifies

em

ploy

men

t co

ntra

cts

and

othe

r rel

ated

doc

umen

ts.

Sect

ion

25 c

reat

es a

lega

l ass

ista

nce

fund

for m

igra

nt w

orke

rs w

hich

is u

sed

excl

usiv

ely

to p

rovi

de le

gal s

ervi

ces

to

mig

rant

wor

kers

and

ove

rsea

s Fi

lipin

o w

orke

rs in

dis

tres

s (Se

ctio

n 26

).

Rule

II,

Se

ctio

n 1(

ii) d

efine

s an

“o

vers

eas

Filip

ino

in d

istr

ess”

as

“An

over

seas

Fili

pino

who

has

a m

edic

al,

psyc

ho-s

ocia

l or

le

gal

assi

stan

ce

prob

lem

re

quiri

ng

trea

tmen

t, ho

spita

lizat

ion,

co

unse

ling,

le

gal

repr

esen

tatio

n as

sp

ecifi

ed

in

Rule

IX

of

thes

e Ru

les

or a

ny o

ther

kin

d of

in

terv

entio

n w

ith t

he a

utho

ritie

s in

th

e co

untr

y w

here

he

or sh

e is

foun

d.”

Rule

IX,

Sec

tion

3 -

lega

l ass

ista

nce

fund

s sh

all

be u

sed

excl

usiv

ely

for

paym

ent

of a

ttor

ney’s

fee

s to

for

eign

la

wye

rs re

pres

entin

g m

igra

nt w

orke

rs

faci

ng cr

imin

al a

nd la

bor c

ases

abr

oad;

ba

il bo

nds t

o se

cure

the

tem

pora

ry

Issue

gui

delin

es, p

roce

dure

s, cr

iteria

fo

r leg

al as

sista

nce s

ervic

es.

Esta

blis

h cl

ose

linka

ges

with

D

OLE

, PO

EA,

and

OW

WA,

an

d ot

her a

genc

ies.

Tap

assi

stan

ce o

f re

puta

ble

law

fir

ms,

IBP,

othe

r ba

r as

soci

atio

ns,

lega

l exp

erts

.Ad

min

iste

r le

gal a

ssis

tanc

e fu

nd

for m

igra

nt w

orke

rs.

Keep

and m

ainta

in in

form

ation

syste

m.

1. 2. 3. 4. 5.En

sure

av

aila

bilit

y of

lega

l and

adm

inis

trat

ive

assi

stan

ce(G

ener

alRe

com

men

datio

n 26

para

grap

h 24

(f)).

Wom

en m

igra

nt w

orke

rs

sign

em

ploy

men

t co

ntra

cts

with

out f

ully

un

ders

tand

ing

the

lega

l con

sequ

ence

s of

the

prov

isio

ns

embo

ded

in th

eco

ntac

t.

The

impl

emen

ting

gove

rnm

ent a

genc

ysh

ould

be

avai

labl

efo

r leg

alco

nsul

tatio

ns.

AM

END

.PO

EA a

nd th

e D

FA sh

ould

hav

e th

e m

ain

resp

onsi

bilit

y of

pro

vidi

ng

cont

ract

revi

ew se

rvic

es

that

will

hav

e th

e ef

fect

of re

duci

ng, if

not

tota

lly

avoi

ding

disp

utes

aris

ing

from

co

ntra

ct in

terp

reta

tion

and

the

like.

Ther

e is

no

prov

isio

n fo

r fre

e le

gal s

ervi

ces

in o

rder

to a

vert

a

brea

ch o

f dut

y or

vi

olat

ion

of a

rig

ht. L

egal

and

ad

min

istr

ativ

e se

rvic

es sh

ould

no

t be

avai

labl

e on

ly a

fter

a w

orke

r ha

s bee

n ill

egal

ly

recr

uite

d or

whe

n sh

e is

in d

istr

ess.

Stan

dard

cont

ract

s ar

e av

aila

ble

se

afar

ers u

nder

Se

ctio

n. 3

Rul

e II

Bo

ok V

of P

OEA

Rule

s and

Re

gula

tions

. No

such

pr

ovis

o fo

r oth

er jo

b pl

acem

ents

.

Doe

s th

e la

wen

sure

the

av

aila

bilit

y of

le

gal a

nd

adm

inis

trat

ive

assi

stan

ce t

o w

omen

mig

rant

w

orke

rs?

NO

Com

plia

nce



DEV

ELO

PIN

G C

EDA

W L

EGA

L IN

DIC

ATO

RSD

ETER

MIN

ING

CO

MPL

IAN

CE A

ND

REC

OM

MEN

DA

TIO

NS

STEP

1CE

DA

WO

blig

atio

ns(A

rtic

le 6

and

11,

CE

DA

W)

STEP

4CE

DA

W L

egal

Indi

cato

rs

STEP

6Co

mpl

ianc

eST

EP 8

Reco

mm

enda

tion

s

STEP

7Ex

plan

atio

nan

dCo

mm

ents

STEP

2Si

tuat

ion,

Issu

es

and

Conc

erns

STEP

3Po

ints

Nee

ded

inLa

w

STEP

5Re

leva

nt L

aws

(RA

804

2, A

s A

men

ded

by R

A 1

0022

and

its

Om

nibu

s IR

R)

Prov

ide

info

rmat

ion

on m

etho

ds a

ndpr

oced

ures

for

mig

ratin

g to

wor

kfo

r wom

en w

how

ish

to m

igra

te

inde

pend

ently

of re

crui

tmen

tag

enci

es((G

ener

al

Reco

mm

enda

tion

26,

para

grap

h 24

(b)(i

ii))

or v

ia

info

rmal

ch

anne

ls(C

onclu

ding

Obs

erva

tions

, pa

ragr

aph

22).

Requ

ire

recr

uitm

ent

agen

cies

to p

artic

ipat

e in

aw

aren

ess-

rais

ing

and

trai

ning

pro

gram

s w

ith e

mph

asis

on

spec

ific n

eeds

an

d pr

oble

ms o

f w

omen

(Gen

eral

Re

com

men

datio

n 26

, pa

ragr

aph

24(b

)(iv)

).

Thos

e w

ho m

igra

tefo

r wor

k ab

road

w

ithou

t go

ing

thro

ugh

a re

crui

tmen

t age

ncy

may

not

be

awar

e of

thei

r rig

hts a

ndm

ay n

ot h

ave

acce

ss to

rele

vant

in

form

atio

n su

ch a

s lab

or la

ws.

POEA

has

no

way

of m

onito

ring

thos

e w

ho se

ek

empl

oym

ent

abro

ad th

roug

h in

form

al ch

anne

ls o

r in

depe

nden

t of

recr

uitm

ent a

genc

ies.

Non

-par

ticip

atio

n of

ag

enci

es in

sem

inar

s.

Prog

ram

s are

not

ge

nder

-sen

sitiv

e.

Prot

ectio

n of

di

rect

-hire

s or

thos

e w

ho a

vail

of

empl

oym

ent a

broa

d w

ithou

t the

in

terv

entio

n o

r pla

cem

ent b

y an

em

ploy

men

t age

ncy.

Gen

der-s

ensi

tive

prog

ram

s and

trai

ning

s mus

t be

aco

nditi

on fo

rac

cred

itatio

n or

licen

sing

.

Such

trai

ning

ssh

ould

be

cond

ucte

dre

gula

rly a

nd n

otju

st d

urin

g th

eor

igin

al li

cens

eap

plic

atio

n.

AM

END

.The

law

prov

ides

no

mec

hani

sm

for p

rote

ctio

n or

m

onito

ring

wom

en

mig

rant

wor

kers

who

foun

d jo

bs

inde

pend

ently

or

thro

ugh

info

rmal

mea

ns.

Serv

ices

, esp

ecia

lly th

e PE

OS

and

cons

ular

assi

stan

ce, a

vaila

ble

unde

r the

law

for

wor

kers

hire

d th

roug

han

age

ncy

or G

PB a

nd

nam

e hi

res s

houl

d lik

ewis

e be

ava

ilabl

eto

thos

e w

ho so

ught

empl

oym

ent t

hrou

ghin

form

al ch

anne

ls.

INSE

RT A

PR

OVI

SIO

Nre

quiri

ng,

as a

cond

ition

sine

qua

no

n fo

r iss

uanc

e of

lic

ense

, the

pla

cem

ent

agen

cies

to u

nder

go o

r to

und

erta

ke g

ende

r-se

nsiti

ve tr

aini

ng a

nd

prom

ote

gend

er-s

peci

fic .

Recr

uitm

ent i

nth

e co

untr

y m

ay

eith

er b

e th

roug

h (1)

Age

ncy

hire

via

licen

sed

recr

uitm

ent

agen

cies

,(2

) Gov

ernm

ent

plac

emen

t, w

here

a fo

reig

n go

vern

men

ten

tity

cour

ses i

tshi

ring

thro

ugh

POEA

’s G

over

nmen

tPl

acem

ent B

ranc

h,

or (3

) Nam

e hi

res,

thos

e ab

le to

secu

re a

n ov

erse

asem

ploy

men

top

port

unity

with

an e

mpl

oyer

w

ithou

tgo

ing

thro

ugh

any

plac

emen

t ag

ency

.

Ther

e is

no

requ

irem

ent f

or

plac

emen

t age

ncie

s to

und

ergo

gen

der-

sens

itive

trai

ning

.

No

prov

isio

n un

der

the

POEA

rule

.

NO

Com

plia

nce

NO

Com

plia

nce

Who

ac

quire

d pa

sspo

rts

thro

ugh

frau

d or

m

isre

pres

enta

tion

Who

pos

sess

exp

ired

visa

s or

pe

rmits

to st

ayW

ho h

ave

no tr

avel

doc

umen

tsW

ho

have

va

lid

but

inap

prop

riate

vis

as, o

rW

hose

em

ploy

men

t co

ntra

cts

wer

e no

t pr

oces

sed

by

the

POEA

or

subs

eque

ntly

ver

ified

an

d re

gist

ered

on-

site

by

the

POLO

, if

requ

ired

by l

aw o

r re

gula

tion

1. 2. 3. 4. 5.rele

ase

of w

orke

rs; a

nd o

f co

urt

fees

an

d ot

her l

itiga

tion

expe

nses

.

Alth

ough

the

law

cov

ers

the

right

s of

m

igra

nt w

orke

rs, t

he sy

stem

is fo

cuse

d on

hiri

ng th

roug

h th

e PO

EA.

IRR

Rule

II,

Sect

ion

1(u)

defi

nes

irreg

ular

/und

ocum

ente

d Fi

lipin

o m

igra

nt w

orke

rs a

s tho

se:

IRR

Rule

X,

Sect

ion

18(d

)–

the

Mig

rant

Wor

kers

and

oth

er O

vers

eas

Filip

inos

Res

ourc

e Ce

nter

sha

ll pr

ovid

e fo

r th

e re

gist

ratio

n of

irr

egul

ar/

undo

cum

ente

d w

orke

rs to

brin

g th

em

with

in th

e pu

rvie

w o

f RA

8042

The

law

gra

nts t

he P

OEA

rule

-mak

ing

auth

ority

in d

eter

min

ing

the

licen

sing

re

quire

men

ts f

or t

hose

who

wis

h to

op

erat

e as

a p

lace

men

t age

ncy.

Und

erRu

le

II of

th

e PO

EA

Lice

nsin

g Ru

les,

ap

plic

ants

w

ho

are

qual

ified

and

pos

sess

non

e of

the

di

squa

lifica

tions

mus

t sub

mit:

Is t

here

a

mec

hani

sm fo

r pr

ovid

ing

assi

stan

ce a

nd

prot

ecti

on t

o w

omen

mig

rant

w

orke

rs w

ho s

ough

t e

mpl

oym

ent

inde

pend

entl

y or

via

info

rmal

ch

anne

ls?

Are

rec

ruit

men

t ag

enci

es m

anda

ted

to p

arti

cipa

te in

ge

nder

-sen

siti

vepr

ogra

ms

and

awar

enes

s-ra

isin

g

1. Cer

tified

copy

of t

he a

rticl

es o

f

inco

rpor

atio

n or

of p

artn

ersh

ip

2. Pr

oof o

f fina

ncia

l cap

acity

,

su

bjec

t t

o ce

rtai

n cr

iteria

4.

Pro

of o

f mar

ketin

g ca

pabi

lity

4. P

roof

of m

arke

ting

capa

bilit

y 5.

NBI

Cle

aran

ce o

f all

mem

bers

of

the

Boar

d, p

artn

ers,

prop

rieto

rs6.

Ver

ified

und

erta

king

by t

he

ap

plica

nt



Prov

ide

info

rmat

ion

on m

etho

ds a

ndpr

oced

ures

for

mig

ratin

g to

wor

kfo

r wom

en w

how

ish

to m

igra

te

inde

pend

ently

of re

crui

tmen

tag

enci

es((G

ener

al

Reco

mm

enda

tion

26,

para

grap

h 24

(b)(i

ii))

or v

ia

info

rmal

ch

anne

ls(C

onclu

ding

Obs

erva

tions

, pa

ragr

aph

22).

Requ

ire

recr

uitm

ent

agen

cies

to p

artic

ipat

e in

aw

aren

ess-

rais

ing

and

trai

ning

pro

gram

s w

ith e

mph

asis

on

spec

ific n

eeds

an

d pr

oble

ms o

f w

omen

(Gen

eral

Re

com

men

datio

n 26

, pa

ragr

aph

24(b

)(iv)

).

Thos

e w

ho m

igra

tefo

r wor

k ab

road

w

ithou

t go

ing

thro

ugh

a re

crui

tmen

t age

ncy

may

not

be

awar

e of

thei

r rig

hts a

ndm

ay n

ot h

ave

acce

ss to

rele

vant

in

form

atio

n su

ch a

s lab

or la

ws.

POEA

has

no

way

of m

onito

ring

thos

e w

ho se

ek

empl

oym

ent

abro

ad th

roug

h in

form

al ch

anne

ls o

r in

depe

nden

t of

recr

uitm

ent a

genc

ies.

Non

-par

ticip

atio

n of

ag

enci

es in

sem

inar

s.

Prog

ram

s are

not

ge

nder

-sen

sitiv

e.

Prot

ectio

n of

di

rect

-hire

s or

thos

e w

ho a

vail

of

empl

oym

ent a

broa

d w

ithou

t the

in

terv

entio

n o

r pla

cem

ent b

y an

em

ploy

men

t age

ncy.

Gen

der-s

ensi

tive

prog

ram

s and

trai

ning

s mus

t be

aco

nditi

on fo

rac

cred

itatio

n or

licen

sing

.

Such

trai

ning

ssh

ould

be

cond

ucte

dre

gula

rly a

nd n

otju

st d

urin

g th

eor

igin

al li

cens

eap

plic

atio

n.

AM

END

.The

law

prov

ides

no

mec

hani

sm

for p

rote

ctio

n or

m

onito

ring

wom

en

mig

rant

wor

kers

who

foun

d jo

bs

inde

pend

ently

or

thro

ugh

info

rmal

mea

ns.

Serv

ices

, esp

ecia

lly th

e PE

OS

and

cons

ular

assi

stan

ce, a

vaila

ble

unde

r the

law

for

wor

kers

hire

d th

roug

han

age

ncy

or G

PB a

nd

nam

e hi

res s

houl

d lik

ewis

e be

ava

ilabl

eto

thos

e w

ho so

ught

empl

oym

ent t

hrou

ghin

form

al ch

anne

ls.

INSE

RT A

PR

OVI

SIO

Nre

quiri

ng,

as a

cond

ition

sine

qua

no

n fo

r iss

uanc

e of

lic

ense

, the

pla

cem

ent

agen

cies

to u

nder

go o

r to

und

erta

ke g

ende

r-se

nsiti

ve tr

aini

ng a

nd

prom

ote

gend

er-s

peci

fic .

Recr

uitm

ent i

nth

e co

untr

y m

ay

eith

er b

e th

roug

h (1)

Age

ncy

hire

via

licen

sed

recr

uitm

ent

agen

cies

,(2

) Gov

ernm

ent

plac

emen

t, w

here

a fo

reig

n go

vern

men

ten

tity

cour

ses i

tshi

ring

thro

ugh

POEA

’s G

over

nmen

tPl

acem

ent B

ranc

h,

or (3

) Nam

e hi

res,

thos

e ab

le to

secu

re a

n ov

erse

asem

ploy

men

top

port

unity

with

an e

mpl

oyer

w

ithou

tgo

ing

thro

ugh

any

plac

emen

t ag

ency

.

Ther

e is

no

requ

irem

ent f

or

plac

emen

t age

ncie

s to

und

ergo

gen

der-

sens

itive

trai

ning

.

No

prov

isio

n un

der

the

POEA

rule

.

NO

Com

plia

nce

NO

Com

plia

nce

rele

ase

of w

orke

rs; a

nd o

f co

urt

fees

an

d ot

her l

itiga

tion

expe

nses

.

Alth

ough

the

law

cov

ers

the

right

s of

m

igra

nt w

orke

rs, t

he sy

stem

is fo

cuse

d on

hiri

ng th

roug

h th

e PO

EA.

IRR

Rule

II,

Sect

ion

1(u)

defi

nes

irreg

ular

/und

ocum

ente

d Fi

lipin

o m

igra

nt w

orke

rs a

s tho

se:

IRR

Rule

X,

Sect

ion

18(d

)–

the

Mig

rant

Wor

kers

and

oth

er O

vers

eas

Filip

inos

Res

ourc

e Ce

nter

sha

ll pr

ovid

e fo

r th

e re

gist

ratio

n of

irr

egul

ar/

undo

cum

ente

d w

orke

rs to

brin

g th

em

with

in th

e pu

rvie

w o

f RA

8042

The

law

gra

nts t

he P

OEA

rule

-mak

ing

auth

ority

in d

eter

min

ing

the

licen

sing

re

quire

men

ts f

or t

hose

who

wis

h to

op

erat

e as

a p

lace

men

t age

ncy.

Und

erRu

le

II of

th

e PO

EA

Lice

nsin

g Ru

les,

ap

plic

ants

w

ho

are

qual

ified

and

pos

sess

non

e of

the

di

squa

lifica

tions

mus

t sub

mit:

Is t

here

a

mec

hani

sm fo

r pr

ovid

ing

assi

stan

ce a

nd

prot

ecti

on t

o w

omen

mig

rant

w

orke

rs w

ho s

ough

t e

mpl

oym

ent

inde

pend

entl

y or

via

info

rmal

ch

anne

ls?

Are

rec

ruit

men

t ag

enci

es m

anda

ted

to p

arti

cipa

te in

ge

nder

-sen

siti

vepr

ogra

ms

and

awar

enes

s-ra

isin

g

Bila

tera

l and

regi

onal

coop

erat

ion

(Gen

eral

Re

com

men

datio

n 26

, par

agra

ph 2

7 an

d Co

nclu

ding

O

bser

vatio

ns o

f the

Ph

ilipp

ines

, par

agra

ph

21).

The

Phili

ppin

es h

as

MO

Us a

nd M

OAs

with

ot

her c

ount

ries b

ut

som

e N

GO

dat

a ha

ve

show

n th

at th

ese

are

not o

bser

ved.

A lo

t of

the

mig

rant

s stil

l fal

l pr

ey to

cont

ract

ual

mig

ratio

n.

Esta

blis

h sp

ecifi

c im

plem

entin

g m

easu

res w

hich

ove

rsee

co

mpl

ianc

e w

ith M

OAs

an

d M

OU

s.

Doe

s th

e la

w

esta

blis

him

plem

enti

ngm

easu

res

over

ill

egal

recr

uitm

ent

offen

ses

com

mit

ted

wit

hin

the

terr

itor

yof

the

Sta

te a

ndth

ose

outs

ide

its

terr

itor

y, w

hen

com

mit

ted

by o

rag

ains

t it

sna

tion

als?

The

labo

r po

licy

is to

de

ploy

wor

kers

to

are

as w

here

th

e Ph

ilipp

ines

mai

ntai

nsdi

plom

atic

rela

tions

with

and

whe

reth

ere

is a

show

ing

of co

mpl

ianc

e to

in

tern

atio

nal l

abor

st

anda

rds.

This

is a

pr

uden

t and

nece

ssar

y po

licy.

Exec

utio

n of

bila

tera

l ag

reem

ents

with

fore

ign

coun

trie

s rem

ain

to b

e a

polit

ical

qu

estio

n.

FULL

Com

plia

nce

Sect

ion

4 pr

ovid

es t

hat

the

Stat

e sh

all

allo

w

the

depl

oym

ent

of

over

seas

Fi

lipin

o w

orke

rs

only

in

co

untr

ies

whe

re t

he r

ight

s of

Fili

pino

m

igra

nt w

orke

rs a

re p

rote

cted

. Th

e go

vern

men

t re

cogn

izes

any

of

the

follo

win

g as

a

guar

ante

e on

th

e pa

rt o

f th

e re

ceiv

ing

coun

try

for

the

prot

ectio

n of

the

rig

hts

of o

vers

eas

Filip

ino

wor

kers

:

In th

e ab

senc

e of

a cl

ear s

how

ing

that

an

y of t

he a

fore

men

tione

d gu

aran

tees

ex

ists

in th

e co

untr

y of

des

tinat

ion,

no

perm

it fo

r dep

loym

ent s

hall

be is

sued

.

Sect

ion

22 m

anda

tes

the

DFA

to

unde

rtak

e th

e ne

cess

ary

initi

ativ

es

such

as

pr

omot

ions

, ad

here

nce,

acce

ptan

ces

of

coun

trie

s re

ceiv

ing

Filip

ino

wor

kers

to

m

ultil

ater

al

conv

entio

n.

IRR

Rule

X,

Se

ctio

n 4

prov

ides

th

at t

he P

OEA

sha

ll de

ploy

onl

y to

co

untr

ies

whe

re t

he P

hilip

pine

s ha

s co

nclu

ded

bila

tera

l ag

reem

ents

or

ar

rang

emen

ts;

prov

ided

th

at

such

co

untr

ies

shal

l gu

aran

tee

to p

rote

ct

the

right

s of

Fili

pino

mig

rant

wor

kers

; an

d pr

ovid

ed

furt

her

that

su

ch

coun

trie

s sh

all o

bser

ve a

nd/o

r com

ply

with

th

e in

tern

atio

nal

law

s an

d st

anda

rds f

or m

igra

nt w

orke

rs.

SERV

ICE

OF

EMPL

OYM

ENT

CON

TRA

CT

It ha

s exi

stin

g la

bor a

nd so

cial l

aws

prot

ectin

g th

e rig

hts

of w

orke

rs,

inclu

ding

mig

rant

wor

kers

;It

is a

signa

tory

to a

nd/o

r a ra

tifier

of

m

ultil

ater

al

conv

entio

ns,

decla

ratio

ns o

r res

olut

ions

rela

ting

to

the

prot

ectio

n of

w

orke

rs,

inclu

ding

mig

rant

wor

kers

; and

It ha

s co

nclu

ded

a bi

late

ral

agre

emen

t or a

rrang

emen

t with

the

gove

rnm

ent o

n th

e pr

otec

tion

of th

e rig

hts o

f ove

rsea

s Filip

ino W

orke

rs.

1. 2. 3.



DEV

ELO

PIN

G C

EDA

W L

EGA

L IN

DIC

ATO

RSD

ETER

MIN

ING

CO

MPL

IAN

CE A

ND

REC

OM

MEN

DA

TIO

NS

STEP

1CE

DA

WO

blig

atio

ns(A

rtic

les

6 an

d 11

, CE

DA

W)

STEP

4CE

DA

W L

egal

Indi

cato

rs

STEP

6Co

mpl

ianc

eST

EP 8

Reco

mm

enda

tion

s

STEP

7Ex

plan

atio

nan

dCo

mm

ents

STEP

2Si

tuat

ion,

Issu

es

and

Conc

erns

STEP

3Po

ints

Nee

ded

inLa

w

STEP

5Re

leva

nt L

aws

(RA

804

2, A

s A

men

ded

by R

A 1

0022

and

its

Om

nibu

s IR

R)

Doe

s th

e la

w

ensu

re t

hat

appr

opri

ate

Stat

e ag

enci

es

fulfi

ll th

eir

role

in

pro

tect

ing

the

righ

ts o

f w

omen

mig

rant

w

orke

rs w

hen

it im

plem

ents

it

s po

licie

s an

d pr

ogra

ms?

Doe

s th

e la

w

iden

tify

the

ap

prop

riat

eag

enci

es t

o pr

ovid

e su

ppor

t se

rvic

es t

o ill

egal

ly

recr

uite

d pe

rson

s?

Doe

s th

e la

w

prov

ide

for

over

sigh

tan

d re

view

m

echa

nism

s to

m

ake

sure

tha

t bu

dget

is p

rope

rly

utili

zed

and

allo

cate

d?

Set g

uide

lines

and

ove

rall

fram

ewor

k to

mon

itor; e

nsur

e th

e pr

oper

impl

emen

tatio

n of

the

law

.En

sure

tran

spar

ency

and

req

uire

th

e su

bmis

sion

of r

epor

ts fr

om

conc

erne

d g

over

nmen

t age

ncie

s.Ap

prov

e th

e bu

dget

fo

r the

pro

gram

s of t

he

Ove

rsig

ht C

omm

ittee

and

al

l dis

burs

emen

ts th

eref

rom

in

clud

ing

com

pens

atio

n of

all

pers

onne

l.Su

bmit

perio

dic r

epor

ts to

the

Pr

esid

ent o

f and

Con

gres

s on

the

impl

emen

tatio

n.D

eter

min

e w

eakn

esse

s in

the

law

and

reco

mm

end

the

nece

ssar

y re

med

ial l

egis

latio

n or

ex

ecut

ive

mea

sure

s.O

ther

nec

essa

ry d

utie

s.

1. D

FA, S

ecti

on. 2

3(a)

2. D

OLE

, Sec

tion

23(

b)3.

PO

EA, S

ecti

on 2

3(b.

1.)

4. O

WW

A, S

ecti

on 2

3(b.

2)5.

DO

H, S

ecti

on 2

3(c)

6. L

GU

s, Se

ctio

n 23

(d)

The

law

and

its

IRR

pro

vide

s fo

r a

deta

iled

list

of f

unct

ions

and

dut

ies

of th

e di

ffere

nt g

over

nmen

t age

ncie

s:

Sect

ion

37-B

of t

he la

w c

reat

es t

he

Cong

ress

iona

l O

vers

ight

Co

mm

ittee

w

ith th

e fo

llow

ing

func

tions

:1. 2. 3. 4. 5. 6.

AM

END

.Rep

ortin

g of

fo

reig

n ex

chan

ge ea

rnin

gs

is no

t eno

ugh

to sa

fegu

ard

the r

emitt

ance

s of m

igra

nt

wor

kers

. Pro

visio

ns sh

ould

be

adde

d to

com

ply w

ith th

e CE

DAW

obl

igat

ion.

Like:

The

law

requ

ires

lice

nsed

age

ncie

s to

subm

it re

port

s of

fore

ign

exch

ange

ea

rnin

gs w

hich

ca

n po

ssib

ly a

lert

go

vern

men

t age

ncie

s to

pos

sibl

e vi

olat

ions

but

this

is

not e

noug

h.

One

of t

he re

port

s req

uire

d by

lice

nsed

ag

enci

es

to

subm

it in

clud

es

that

of

re

mitt

ance

of

fo

reig

n ex

chan

ge

earn

ings

. Fai

ling

to s

ubm

it is

an

act o

f ill

egal

recr

uitm

ent (

Sect

ion

6(h)

)

Are

the

re m

easu

res

that

pro

vide

ass

ista

nce

to

safe

guar

d th

e r

emit

tanc

es o

f the

m

igra

ntw

orke

rs?

Assi

stan

ce in

the

proc

ess o

fre

mitt

ance

.

Wom

en m

igra

nt w

orke

rs

are

mor

e vu

lner

able

than

oth

ers.

Do

gove

rnm

ent a

genc

ies

assi

st th

em in

thei

r re

mitt

ance

s?

Esta

blis

h m

easu

res t

o sa

fegu

ard

rem

ittan

ces

(Gen

eral

Rec

omm

enda

tion

26, p

arag

raph

24(

g)).

Und

erta

ke

mea

sure

s to

resp

ect

and

prot

ect t

he h

uman

rig

hts o

f fem

ale

natio

nals

who

mig

rate

fo

r pur

pose

of w

ork

(Gen

eral

Re

com

men

datio

n 26

, pa

ragr

aph

24).

POEA

mus

t ado

ptre

gula

tions

inte

grat

ing

gend

er a

nd w

omen

’s rig

hts i

n its

pol

icie

s and

pr

ogra

ms.

POEA

is ca

lling

on

Cong

ress

to p

rovi

de

them

with

mor

e re

sour

ces

to h

ire m

ore

publ

ic

serv

ants

.

Ther

e sh

ould

be

over

sigh

t and

revi

ewon

the

prop

er a

lloca

tion

and

budg

et fo

r wom

en

mig

rant

wor

kers

.

Dut

ies o

f the

diffe

rent

gov

ernm

ent

agen

cies

are

suffi

cien

tly p

rovi

ded

for i

n th

e la

w.

If an

ythi

ng, s

ervi

ces

pecu

liar t

oth

e ne

eds o

f wom

en

mig

rant

wor

kers

can

be in

tegr

ated

into

the

law

.

The

crea

tion

of th

e Co

ngre

ssio

nal O

vers

ight

co

mpl

ies w

ith th

eCE

DAW

obl

igat

ion.

FULL

Com

plia

nce

FULL

Com

plia

nce

The

law

isde

taile

d en

ough

as

the

func

tions

are

enum

erat

edan

d ca

lls fo

r the

co

oper

atio

n of

thes

e en

titie

s.

One

of t

hefu

nctio

ns o

f the

Co

ngre

ssio

nal

Ove

rsig

ht is

tore

view

the

repo

rts

subm

itted

by

the

diffe

rent

gov

ernm

ent

agen

cies

in th

e im

plem

enta

tion

of

the

law

.

Ther

e is

no

docu

men

t in

POEA

that

show

s how

gend

er a

nd w

omen

’s rig

hts a

re in

tegr

ated

in

the

perf

orm

ance

of i

ts

func

tions

. PO

EA m

ay

have

add

ress

ed so

me

of th

e de

ploy

men

t is

sues

but

it st

ill n

eeds

to

inco

rpor

atew

omen

m

igra

nt w

orke

rs’

hum

an ri

ghts

in it

s po

licie

s and

pro

gram

s.

The

dile

mm

a fa

ced

by

POEA

with

its l

imite

d st

aff i

s whe

ther

to

focu

s mor

e on

vic

tim

supp

ort a

nd p

rote

ctio

n or

inte

rest

in co

urt

proc

eedi

ngs.

As th

ere

are

only

300

offi

cial

s an

d st

aff, P

OEA

has

lim

ited

capa

city

to

addr

ess a

ndm

onito

r iss

ues f

aced

by

mig

rant

wor

kers

.

Ther

e ar

e bu

dget

ary

and

hum

an re

sour

ce

cons

trai

nts.

The

Dep

artm

ent o

f Fin

ance

(D

OF)

has

bee

n pu

shin

g fo

r add

ition

al

labo

r att

ache

s due

to

the

grea

ter n

umbe

r of

mig

rant

wor

kers

ab

road

but

the

fund

pr

ovid

ed fo

r thi

s in

the

Gen

eral

App

ropr

iatio

ns

Act (

GAA)

is n

ot

enou

gh.

Part

ial

Com

plia

nce



Doe

s th

e la

w

ensu

re t

hat

appr

opri

ate

Stat

e ag

enci

es

fulfi

ll th

eir

role

in

pro

tect

ing

the

righ

ts o

f w

omen

mig

rant

w

orke

rs w

hen

it im

plem

ents

it

s po

licie

s an

d pr

ogra

ms?

Doe

s th

e la

w

iden

tify

the

ap

prop

riat

eag

enci

es t

o pr

ovid

e su

ppor

t se

rvic

es t

o ill

egal

ly

recr

uite

d pe

rson

s?

Doe

s th

e la

w

prov

ide

for

over

sigh

tan

d re

view

m

echa

nism

s to

m

ake

sure

tha

t bu

dget

is p

rope

rly

utili

zed

and

allo

cate

d?

The

law

and

its

IRR

pro

vide

s fo

r a

deta

iled

list

of f

unct

ions

and

dut

ies

of th

e di

ffere

nt g

over

nmen

t age

ncie

s:

Sect

ion

37-B

of t

he la

w c

reat

es t

he

Cong

ress

iona

l O

vers

ight

Co

mm

ittee

w

ith th

e fo

llow

ing

func

tions

:

One

of t

he re

port

s req

uire

d by

lice

nsed

ag

enci

es

to

subm

it in

clud

es

that

of

re

mitt

ance

of

fo

reig

n ex

chan

ge

earn

ings

. Fai

ling

to s

ubm

it is

an

act o

f ill

egal

recr

uitm

ent (

Sect

ion

6(h)

)

FULL

Com

plia

nce

FULL

Com

plia

nce

Fina

ncia

l ed

ucat

ion

of

wom

en m

igra

nt w

orke

rs.

Form

al

assi

stan

ce

and

coop

erat

ion

by

bank

ing

or

finan

cial

in

stitu

tions

w

here

w

omen

m

igra

nt

wor

kers

ca

n co

urse

th

roug

h th

eir r

emitt

ance

s

1. 2.

Prov

ide

dipl

omat

ican

d co

nsul

ar p

rote

ctio

n(G

ener

al

Reco

mm

enda

tion

26,

para

grap

h 24

(j)).

Cond

uct a

nd su

ppor

t re

sear

ch, d

ata

colle

ctio

n an

d an

alys

is

to id

entif

y pr

oble

ms

and

need

s of m

igra

nt

wom

en(G

ener

al

Reco

mm

enda

tion

23(c

) Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

24(c

)).

Mig

rant

dom

estic

w

orke

rs a

re m

ore

vuln

erab

le

than

oth

ers b

ecau

se

they

are

not

cove

red

by la

bor a

nd so

cial

la

ws.

They

are

low

est

paid

or u

nder

pai

d. T

hey

have

long

ho

urs o

f wor

k an

d no

rest

day

s. Th

ey d

o no

t hav

e so

cial

pr

otec

tion.

The

y ar

e is

olat

ed a

nd so

cial

ly e

xclu

ded

with

lim

ited

or n

o ac

cess

to ju

stic

e.

No

avai

labl

e da

ta.

Anal

ysis

and

repo

rts

are

usua

lly u

nder

take

n by

NG

Os.

If th

ere

are

stud

ies

or re

port

s, th

ey a

re

not c

ircul

ated

wid

ely

enou

gh.

Proj

ects

man

date

d an

d im

plem

ente

d by

the

law

m

ust b

e ge

nder

-sen

sitiv

e an

d ge

nder

-resp

onsi

ve.

They

shou

ld b

e in

form

edof

all

avai

labl

e co

nsul

ar se

rvic

es.

Cons

ular

and

dip

lom

atic

as

sist

ance

mus

t be

com

preh

ensi

ve .

(soc

io-e

cono

mic

, ps

ycho

logi

cal, e

tc.).

The

appr

opria

te

gove

rnm

ent a

genc

ies

shou

ld co

nduc

t per

iodi

c re

sear

ch, r

epor

ts, a

nd a

naly

sis o

n th

e st

atus

of

mig

ratio

n w

ith

port

ions

spec

ifica

lly

addr

essi

ng th

e pe

culia

r nee

ds

of w

omen

mig

rant

w

orke

rs.

Doe

s th

e la

w

man

date

a

com

preh

ensi

ve,

gend

er-s

ensi

tive

, a

nd a

cces

sibl

eco

nsul

ar a

nd

dipl

omat

icas

sist

ance

and

pr

otec

tion

?

Are

the

rel

evan

t go

vern

men

tag

enci

es a

nd

stak

ehol

ders

man

date

d by

la

w t

o co

nduc

t re

sear

ch, d

ata

colle

ctio

n,an

d an

alys

is

iden

tify

ing

the

prob

lem

s an

d ne

eds

of w

omen

m

igra

nt w

orke

rs?

AM

END

. Res

ourc

e Ce

nter

s sho

uld

with

av

aila

ble

in a

ll co

untr

ies

whe

re th

ere

are

wom

en

mig

rant

wor

kers

. If

the

impo

sitio

n of

such

Ce

nter

s is t

oo co

stly,

th

en th

e ge

nder

-spe

cific

se

rvic

es o

f the

se R

esou

rce

Cent

ers s

houl

d be

un

dert

aken

by

the

Cons

ular

offi

ce it

self.

Prop

er tr

aini

ng a

nd

supe

rvis

ion

of o

ur

dipl

omat

ic a

nd co

nsul

ar

staf

f is n

eede

d to

ens

ure

that

they

fulfi

l the

ir ro

le

in p

rote

ctin

g th

e rig

hts o

f w

omen

mig

rant

wor

kers

ab

road

.

AM

END

.The

law

shou

ld

thus

be

amen

ded

to

requ

ire th

e cr

eatio

n of

a

data

base

cont

aini

ng

all r

elev

ant i

nfor

mat

ion

and

a lis

t of s

ervi

ces

offe

red

by va

rious

go

vern

men

t age

ncie

s as

wel

l as t

hose

co

nduc

ted

by N

GO

s.

A la

w m

anda

ting

the

perio

dic p

ublic

atio

n of

dat

a ga

ther

ed b

y go

vern

men

t and

NG

Os w

ill

impr

ove

dis

sem

inat

ion

of

The

Reso

urce

Cent

er is

es

tabl

ishe

d on

ly in

co

untr

ies w

here

th

ere

are

larg

e co

ncen

trat

ions

of

mig

rant

wor

kers

.

For t

he D

FA to

ca

rry

out i

ts m

anda

te

effe

ctiv

ely,

ther

e is

ne

ed to

incr

ease

th

e bu

dget

ary

and

man

pow

erre

sour

ces o

f con

sula

r of

fices

in d

estin

atio

n co

untr

ies.

Even

pre

sum

ing

that

ther

e is

no

prob

lem

in th

e im

plem

enta

tion

of th

ese

prov

isio

ns, a

ndda

ta a

re co

llect

ed,

the

ques

tion

of

whe

ther

the

dat

a is

read

ily

avai

labl

e an

d ac

cess

ible

rem

ains

.

PART

IAL

Com

plia

nce

PART

IAL

Com

plia

nce

The

DFA

is

“man

date

d to

for

mul

ate

and

impl

emen

t po

licie

s an

d pr

ogra

ms

to p

rom

ote

and

prot

ect

the

right

s an

d w

elfa

re o

f Fi

lipin

o m

igra

nts,

and

prov

ide

cons

ular

and

lega

l ass

ista

nce

to o

vers

eas F

ilipi

nos i

n di

stre

ss.”

Sect

ion

19(f

)of

the

law

est

ablis

hes

the

Mig

rant

W

orke

rs

and

Oth

er

Ove

rsea

s Fi

lipin

os

Reso

urce

Ce

nter

un

der t

he ju

risdi

ctio

n of

the

Phili

ppin

e Em

bass

y in

cou

ntrie

s w

here

the

re a

re

larg

e con

cent

ratio

ns o

f Fili

pino

mig

rant

w

orke

rs. T

his

is o

pera

tiona

lized

und

er

IRR

Rule

X, S

ecti

on 1

8(g)

.

One

of

the

func

tions

of

the

Reso

urce

Ce

nter

is

to p

rovi

de g

ende

r se

nsiti

ve

prog

ram

s an

d ac

tiviti

es t

o as

sist

s th

e pa

rtic

ular

nee

ds o

f w

omen

mig

rant

w

orke

rs.

Spec

ifica

lly,

the

Reso

urce

Ce

nter

offe

rs:

The

Cent

er s

hall

be o

pen

for

24

hour

s da

ily

incl

udin

g Sa

turd

ays,

Sund

ays,

and

holid

ays

to b

e st

affe

d by

For

eign

Ser

vice

per

sonn

el.

IRR

Rule

III,

Sect

ion

8, p

arag

raph

1ca

lls f

or t

he d

isse

min

atio

n, b

y PO

EA

and

DFA

, of i

nfor

mat

ion

on la

bor a

nd

empl

oym

ent

cond

ition

s, m

igra

tion

real

ities

and

oth

er f

acts

as

wel

l as

ad

here

nce

of

part

icul

ar

coun

trie

s to

int

erna

tiona

l st

anda

rds

of l

abor

(la

bor s

ituat

ione

r).

Sect

ion

20, p

arag

raph

3es

tabl

ishe

sth

e Sh

ared

Gov

ernm

ent

Info

rmat

ion

Syst

em

for

Mig

ratio

n.

The

inte

r-ag

ency

com

mitt

ee s

hall

conv

ene

to

iden

tify

exis

ting

data

base

s w

hich

sh

all

be

decl

assi

fied

and

shar

ed

amon

g m

embe

r ag

enci

es.

Thes

e

Coun

selin

g an

d le

gal s

ervi

ces

Wel

fare

as

sist

ance

in

clud

ing

the

proc

urem

ent

of m

edic

al a

nd

hosp

italiz

atio

n se

rvic

esIn

form

atio

n, a

dvis

ory

and

prog

ram

s to

pro

mot

e so

cial

inte

grat

ion

Inst

itute

a s

chem

e of

reg

istr

atio

n of

und

ocum

ente

d w

orke

rs t

o br

ing

them

with

in th

e pu

rvie

w o

f the

Act

Hum

an

reso

urce

de

velo

pmen

t G

ende

r-sen

sitiv

e pr

ogra

ms

and

activ

ities

Orie

ntat

ion

prog

ram

for

ret

urni

ng

wor

kers

and

oth

er m

igra

nts.

Mon

itorin

g of

da

ily

situ

atio

ns,

circ

umst

ance

s an

d ac

tiviti

es

affe

ctin

g m

igra

nt

wor

kers

an

d ot

her o

vers

eas F

ilipi

nos.

1. 2. 3. 4. 5. 6. 7. 8.

Info

rmat

ion

onpo

ssib

le fi

nanc

ial

mac

hine

ries f

orre

mitt

ance

s of t

heir

earn

ings

to th

eir

fam

ilies

in th

ePh

ilipp

ines

.



DEV

ELO

PIN

G C

EDA

W L

EGA

L IN

DIC

ATO

RSD

ETER

MIN

ING

CO

MPL

IAN

CE A

ND

REC

OM

MEN

DA

TIO

NS

STEP

1CE

DA

WO

blig

atio

ns(A

rtic

les

6 an

d 11

, CE

DA

W)

STEP

4CE

DA

W L

egal

Indi

cato

rs

STEP

6Co

mpl

ianc

eST

EP 8

Reco

mm

enda

tion

s

STEP

7Ex

plan

atio

nan

dCo

mm

ents

STEP

2Si

tuat

ion,

Issu

es,

and

Conc

erns

STEP

3Po

ints

Nee

ded

inLa

w

STEP

5Re

leva

nt L

aws

(RA

804

2, A

s A

men

ded

by R

A 1

0022

and

its

The

Om

nibu

s IR

R)

Faci

litat

ion

of th

ere

turn

of w

omen

m

igra

nt w

orke

rs

(Gen

eral

Re

com

men

datio

n 26

, par

agra

ph

24(h

) and

Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

16).

Som

e co

untr

ies

of d

estin

atio

n ar

e pl

ague

d w

ith a

rmed

co

nflic

t.

The

law

shou

ld

addr

ess t

he n

eed

to

prov

ide

assi

stan

ce a

nd

repa

tria

tion

of w

omen

m

igra

nt w

orke

rs in

co

untr

ies w

ith a

rmed

co

nflic

t.

Does

th

e la

w

pro

vid

e a

mec

han

ism

for

the

rep

atr

iatio

n

an

d a

ssis

tan

ce o

f w

om

en m

igra

nt

work

ers

in a

reas

with

arm

ed

con

flic

t?

info

rmat

ion

on th

e pr

oble

m

area

s and

pos

sibl

e so

lutio

ns

that

thes

e pr

oble

ms t

hat

expo

se Fi

lipin

o w

omen

m

igra

nt w

orke

rs to

abu

se

and

expl

oita

tion.

The

law

is

suffi

cien

t in

the

sens

e th

at it

calls

for t

he

repa

tria

tion

of w

omen

m

igra

nt w

orke

rsin

case

of a

rmed

confl

ict a

nd si

mila

r em

erge

ncy

situ

atio

ns.

The

law

re

cogn

izes

th

e em

erge

ncy

repa

tria

tion

of

mig

rant

wor

kers

in

area

s whe

re th

ere

is w

ar, e

pide

mic

, di

sast

ers o

r ca

lam

ities

, whe

ther

natu

ral o

r man

-m

ade.

FULL

Com

plia

nce

shar

ed d

atab

ases

shal

l ini

tially

incl

ude,

but n

ot b

e lim

ited

to th

e fo

llow

ing:

Sect

ion

15, p

arag

raph

2 ca

lls fo

r the

O

WW

A an

d ot

her

agen

cies

fo

r th

e re

patr

iatio

n of

wor

kers

in c

ase

of w

ar,

epid

emic

, dis

aste

rs or

cala

miti

es, n

atur

al

or m

an-m

ade,

and

othe

r sim

ilar e

vent

s w

ithou

t pre

judi

ce to

reim

burs

emen

t by

the

resp

onsi

ble

prin

cipa

l or a

genc

y. Th

is

is o

pera

tiona

lized

by

IRR

Rule

XIII

, Se

ctio

n 5

on e

mer

genc

y re

patr

iatio

n.

IRR

Rule

III,

Sec

tion

7 r

equi

res

the

DFA

to

issu

e tr

avel

adv

isor

ies

to n

otify

th

e tr

avel

ling

publ

ic

rega

rdin

g th

e pe

ace

and

orde

r si

tuat

ion

in a

spe

cific

de

stin

atio

n,

with

out

prej

udic

e to

re

imbu

rsem

ent

by

the

resp

onsi

ble

prin

cipa

l or a

genc

y w

ithin

60

days

from

no

tice.M

aste

rlist

s of F

ilipi

no m

igra

nt

wor

kers

/ove

rsea

s Fili

pino

clas

sifie

d ac

cord

ing

to o

ccup

atio

n/jo

b ca

tego

ry, c

ivil

stat

us, b

y co

untr

y/st

ate

of d

estin

atio

n in

clud

ing

visa

cl

assi

ficat

ion

Inve

ntor

y of

pen

ding

lega

l cas

es

invo

lvin

g Fi

lipin

o m

igra

nt w

orke

rs

and

othe

r Fili

pino

nat

iona

ls,

incl

udin

g th

ose

serv

ing

pris

on

term

sM

aste

rlist

s of d

epar

ting/

arr

ivin

g Fi

lipin

osSt

atis

tical

pro

file

on Fi

lipin

o m

igra

nt w

orke

rs/o

vers

eas

Filip

inos

/tou

rists

Blac

klis

ted

fore

igne

rs/ u

ndes

irabl

e al

iens

Basi

c dat

a on

lega

l sys

tem

s, im

mig

ratio

n po

licie

s, m

arria

ge

law

s and

civi

l and

crim

inal

code

s in

rece

ivin

g co

untr

ies p

artic

ular

ly

thos

e w

ith la

rge

num

bers

of

Filip

inos

List

of L

abor

and

oth

er h

uman

rig

hts i

nstr

umen

ts w

here

rece

ivin

g co

untr

ies a

re si

gnat

orie

sA

trac

king

syst

em o

f pas

t and

pr

esen

t gen

der d

isag

greg

ated

ca

ses i

nvol

ving

mal

e an

d fe

mal

e m

igra

nt w

orke

rs, in

clud

ing

min

ors

List

ing

of o

vers

eas p

osts

whi

ch

may

rend

er a

ssis

tanc

e to

ove

rsea

s Fi

lipin

os, in

gen

eral

, and

mig

rant

w

orke

rs, in

par

ticul

ar

1. 2. 3. 4. 5. 6. 7. 8. 9.

RETU

RN A

ND

REP

ATR

IATI

ON



Does

th

e la

w

pro

vid

e a

mec

han

ism

for

the

rep

atr

iatio

n

an

d a

ssis

tan

ce o

f w

om

en m

igra

nt

work

ers

in a

reas

with

arm

ed

con

flic

t?

info

rmat

ion

on th

e pr

oble

m

area

s and

pos

sibl

e so

lutio

ns

that

thes

e pr

oble

ms t

hat

expo

se Fi

lipin

o w

omen

m

igra

nt w

orke

rs to

abu

se

and

expl

oita

tion.

The

law

is

suffi

cien

t in

the

sens

e th

at it

calls

for t

he

repa

tria

tion

of w

omen

m

igra

nt w

orke

rsin

case

of a

rmed

confl

ict a

nd si

mila

r em

erge

ncy

situ

atio

ns.

The

law

re

cogn

izes

th

e em

erge

ncy

repa

tria

tion

of

mig

rant

wor

kers

in

area

s whe

re th

ere

is w

ar, e

pide

mic

, di

sast

ers o

r ca

lam

ities

, whe

ther

natu

ral o

r man

-m

ade.

FULL

Com

plia

nce

Ensu

re th

at w

omen

w

ho w

ish

to re

turn

are

ab

le to

do

so fr

ee o

f co

erci

on a

nd a

buse

(G

ener

al

Reco

mm

enda

tion

26,

para

grap

h 24

(h)).

Faci

litat

ion

of

the

retu

rn

of w

omen

mig

rant

w

orke

rs (G

ener

al

Reco

mm

enda

tion

26, p

arag

raph

24

(h) a

nd G

ener

al

Reco

mm

enda

tion

19,

para

grap

h 16

).

Ther

e ar

e st

ill

repo

rts o

f wom

en

mig

rant

wor

kers

sw

ho w

ish

to re

turn

but

are

not

able

to b

ecau

se o

f va

rious

circ

umst

ance

s su

ch a

s abu

se b

y th

e em

ploy

er.

Rein

tegr

atio

n is

still

a

chal

leng

e fo

r wom

en

mig

rant

wor

kers

.

No

clea

r pro

gram

s for

re

inte

grat

ion.

Unc

lear

if

man

dato

ry.

Esta

blis

h m

easu

res

that

are

mor

e ge

nder

-resp

onsi

ve.

Com

mun

icat

ion

line

s sho

uld

alw

ays

rem

ain

open

for

thes

e m

igra

nt w

orke

rs to

exp

ress

thei

r int

ent

to re

turn

hom

e an

d th

e co

nsul

ar a

genc

y sh

ould

act

swift

ly a

nd

acco

rdin

gly.

Doe

s th

e la

w

ensu

re t

hat

adeq

uate

prot

ecti

vem

echa

nism

sar

e av

aila

ble

to

retu

rnin

gm

igra

nt w

orke

rs

from

rep

risa

ls

by r

ecru

iter

s,

empl

oyer

s or

fo

rmer

spo

uses

?

Are

spe

cifi

c m

easu

res

and

proc

edur

es t

o be

un

dert

aken

by

the

appr

opri

ate

gove

rnm

ent

agen

cies

in p

lace

to

faci

litat

e th

e re

turn

of m

igra

nt

wom

enw

orke

rs?

AD

D P

ROVI

SIO

NS.

Th

e la

w sh

ould

incl

ude

repa

tria

tion

proc

edur

esin

case

s whe

re th

ere

is a

vio

latio

n of

labo

rla

ws b

y th

e em

ploy

er

or w

here

the

wom

en

mig

rant

wor

kers

is

abus

ed o

r is a

vic

tim o

f an

y un

law

ful a

ctiv

ity.

Emer

genc

y re

patr

iatio

n,

apar

t fro

m ca

ses w

here

th

ere

is w

ar, e

pide

mic

s, or

cala

miti

es, s

houl

d be

pr

ovid

ed fo

r in

the

law

.

AD

D P

ROVI

SIO

NS.

M

anda

tory

repa

tria

tion

shou

ld li

kew

ise

exte

nd to

W

MW

s who

are

abu

sed

by th

eir e

mpl

oyer

s or

who

are

vic

tims o

f lab

or

law

vio

latio

ns in

the

coun

ty o

f des

tinat

ion,

re

gard

less

of t

he w

omen

m

igra

nt w

orke

rs a

ge

Cons

ular

serv

ices

shou

ld

be se

nsiti

ve to

repo

rts o

f in

cide

nts n

eces

sita

ting

the

repa

tria

tion

of

WM

Ws.

The

law

shou

ld

man

date

the

coop

erat

ion

of th

e PO

EA, t

he D

FA, a

nd

the

agen

cy.

Prov

isio

ns o

n re

patr

iatio

n ap

pear

to

be

limite

d to

te

rmin

atio

n of

empl

oym

ent.

Ther

e ar

e ot

her

case

s whe

re,d

espi

te

the

effe

ctiv

ity o

f th

e em

ploy

men

t co

ntra

ct, r

epat

riatio

n is

nec

essa

ry.

The

law

pla

ces

it up

on th

e ag

ency

th

e re

spon

sibi

lity

to sh

ould

er th

e co

sts

of re

patr

iatio

n. In

ca

ses w

here

the

term

inat

ion

is b

ecau

se o

f th

e fa

ult o

f the

em

ploy

ee, t

he

agen

cy m

ay fo

rwar

d th

e co

st su

bjec

t to

reim

burs

emen

t. In

th

is re

gard

, at l

east

, th

e WM

Ws c

an

retu

rn w

ithou

t bei

ng

undu

ly re

stric

ted

by

the

cost

s.

Sect

ion

15,

para

grap

h 1

prov

ides

th

at

the

repa

tria

tion

shal

l be

th

e pr

imar

y re

spon

sibi

lity

of t

he a

genc

y th

at re

crui

ted

or d

eplo

yed

the

wor

ker.

All

cost

s at

tend

ant

to

repa

tria

tion

shal

l be

ch

arge

d to

th

e ag

ency

/pr

inci

pal.

How

ever

, in

case

s w

here

the

te

rmin

atio

n of

em

ploy

men

t is

du

e so

lely

to

the

faul

t of

the

wor

ker,

the

prin

cipa

l/em

ploy

er o

r age

ncy

shal

l not

in

any

man

ner

be r

espo

nsib

le f

or t

he

repa

tria

tion.

In a

ll ca

ses

whe

re t

he p

rinci

pal

or

agen

cy

of

the

wor

ker

cann

ot

be

iden

tified

, ca

nnot

be

loca

ted

or h

ad

ceas

ed

oper

atio

ns,

and

the

wor

ker

is i

n ne

ed a

nd w

ithou

t m

eans

, th

e O

WW

A pe

rson

nel

at t

he j

obsi

te,

in

coor

dina

tion

with

the

DFA

, sha

ll ca

use

the

repa

tria

tion

in a

ppro

pria

te c

ases

. Al

l co

sts

atte

ndan

t to

re

patr

iatio

n bo

rne

by t

he O

WW

A m

ay b

e ch

arge

d to

the

Em

erge

ncy

Repa

tria

tion

Fund

pr

ovid

ed in

the

Act

, with

out

prej

udic

e to

the

OW

WA

requ

iring

the

age

ncy/

empl

oyer

/insu

rer

or

the

wor

ker

to

reim

burs

e th

e co

st o

f rep

atri

atio

n (IR

R Ru

le X

III, S

ecti

on 7

)

IRR

Rule

XIII

, Sec

tion

9pr

ohib

its th

e im

posi

tion

of b

onds

and

dep

osits

by

the

recr

uitm

ent

agen

cy t

o gu

aran

tee

perf

orm

ance

und

er th

e co

ntra

ct o

r her

re

patr

iatio

n.

Sect

ion

16 c

alls

for

the

man

dato

ry

repa

tria

tion

of

unde

rage

m

igra

nt

wor

kers

w

ithou

t de

lay.

This

re

spon

sibi

lity

fall

to t

he o

ffice

rs in

the

fo

reig

n se

rvic

e who

shal

l adv

ise

the D

FA

and

repa

tria

te t

he m

inor

imm

edia

tely.

Li

cens

e of

the

resp

onsi

ble

agen

cy s

hall

be

auto

mat

ical

ly

revo

ked

and

shal

l be

im

pose

d a

fine

of P

hP50

0,00

0 to

Ph

P1,0

00,0

00.

The

repa

tria

tion

of w

omen

mig

rant

w

orke

rs i

s th

e pr

imar

y re

spon

sibi

lity

of

the

agen

cy

whi

ch

recr

uite

d he

r, pe

rSe

ctio

n 15

, w

hich

sha

ll sh

ould

er

the

cost

s. Bu

t if

the

term

inat

ion

of

the

empl

oym

ent

is t

he f

ault

of t

he

wor

ker,

then

the

age

ncy

shal

l no

t be

re

spon

sibl

e fo

r her

repa

tria

tion.

IRR

Rule

XIII

, Sec

tion

2, p

arag

raph

3

prov

ides

th

at

ever

y co

ntra

ct

for

over

seas

em

ploy

men

t sh

all

prov

ide

for

the

prim

ary

resp

onsi

bilit

y of

the

PART

IAL

Com

plia

nce

PART

IAL

Com

plia

nce



DEV

ELO

PIN

G C

EDA

W L

EGA

L IN

DIC

ATO

RSD

ETER

MIN

ING

CO

MPL

IAN

CE A

ND

REC

OM

MEN

DA

TIO

NS

STEP

1CE

DA

WO

blig

atio

ns(A

rtic

les

6 an

d 11

, CE

DA

W)

STEP

4CE

DA

W L

egal

Indi

cato

rs

STEP

6Co

mpl

ianc

eST

EP 8

Reco

mm

enda

tion

s

STEP

7Ex

plan

atio

nan

dCo

mm

ents

STEP

2Si

tuat

ion,

Issu

es,

and

Conc

erns

STEP

3Po

ints

Nee

ded

inLa

w

STEP

5Re

leva

nt L

aws

(RA

804

2, A

s A

men

ded

by R

A 1

0022

and

its

Om

nibu

s IR

R)

Prov

ide

com

preh

ensi

ve so

cio-

econ

omic

, ps

ycho

logi

cal a

nd

lega

l ser

vice

s aim

ed

at fa

cilit

atin

gre

inte

grat

ion

of w

omen

(Gen

eral

Re

com

men

datio

n 26

, pa

ragr

aph

24(i)

).

Prop

er m

onito

ring

upon

re

turn

of m

igra

nt w

omen

for p

rote

ctio

n ag

ains

t an

y an

d al

l for

ms o

f ex

ploi

tatio

n(G

ener

al Re

com

men

datio

n 26

, par

agra

ph 2

4(h)

).

Repa

tria

tion

polic

y is

ge

nder

-blin

d.

The

repa

tria

tion

proc

ess

is n

ot re

spon

sive

to th

e re

com

men

datio

n of

CE

DAW

Gen

eral

Re

com

men

datio

n 26

. Th

e Ph

ilipp

ines

still

nee

ds

to o

wn

and

use

it.

No

mon

itorin

g se

rvic

es

durin

g re

inte

grat

ion.

Wom

en m

igra

nt w

orke

rs

are

not a

ppris

ed o

f se

rvic

es a

vaila

ble

to th

em

for t

heir

rein

tegr

atio

n.

Proj

ects

man

date

d an

d im

plem

ente

d by

the

law

m

ust b

e ge

nder

-sen

sitiv

e an

d ge

nder

-resp

onsi

ve.

The

law

mus

t pro

vide

fo

r mor

e co

mpr

ehen

sive

m

easu

res a

imed

at

faci

litat

ing

the

rein

tegr

atio

n of

wom

en

mig

rant

wor

kers

who

ha

ve re

turn

ed.

Mon

itor s

ervi

ce p

rovi

ders

to

ens

ure

that

they

do

not t

ake

adva

ntag

e of

the

vuln

erab

ility

of w

omen

re

turn

ing

from

abr

oad.

Are

the

re c

lear

and

effici

ent

prog

ram

s in

pla

ce

inte

nded

to

secu

re

the

prop

er

rein

tegr

atio

n of

w

omen

mig

rant

w

orke

rs?

Are

the

se

prog

ram

s ge

nder

-se

nsit

ive?

Are

the

re

inte

grat

ion

prog

ram

sco

mpr

ehen

sive

and

righ

ts-b

ased

?

AM

END

. The

pro

visi

on

shou

ld b

e am

ende

d by

m

anda

ting

that

the

serv

ices

of t

he N

RCO

sh

ould

be

gend

er-

sens

itive

. The

re sh

ould

be

pro

gram

s cat

ered

to

wom

en m

igra

nt w

orke

rs

like

fam

ily re

latio

ns,

loca

l job

opp

ortu

nitie

s, co

unse

ling,

and

supp

ort

grou

ps.

The

NRC

O sh

ould

be

giv

en m

onito

ring

func

tions

with

resp

ect

to th

e ef

fect

ivity

of i

ts

prog

ram

s as w

ell a

s th

e re

gula

rity

of th

eir

cond

uct.

Alth

ough

it

reco

gniz

es th

e “m

ulti-

face

ted”

ne

eds o

f the

re

patr

iate

s, th

ere

are

no g

ende

r-se

nsiti

ve p

rogr

ams

men

tione

d.M

oreo

ver,

the

Mag

na C

arta

of

Wom

en m

anda

tes

gove

rnm

ent t

o pr

omot

e sk

ills a

nd

entr

epre

neur

ship

de

velo

pmen

t of

retu

rnin

g w

omen

m

igra

nt w

orke

rs in

or

der f

or th

em to

av

ail o

f em

ploy

men

t op

port

uniti

es (R

A 76

10, S

ectio

n 23

(c)).

prin

cipa

l or

em

ploy

er a

nd a

genc

y to

ad

vanc

e th

e co

st o

f pl

ane

fare

, an

d th

e ob

ligat

ion

of t

he w

orke

r to

ref

und

the

cost

the

reof

in c

ase

his/

her f

ault

is

dete

rmin

ed b

y th

e La

bor A

rbite

r.

In c

ount

ries

whe

re t

here

is

a ne

ed t

o se

cure

an

exit

visa

, th

e pr

inci

pal

or

empl

oyer

sha

ll be

prim

arily

resp

onsi

ble

for

secu

ring

the

sam

e at

NO

cos

t to

th

e w

orke

r (IR

R Ru

le X

III, S

ecti

on 2

, pa

ragr

aph

2).

The

proc

edur

e fo

r re

patr

iatio

n is

de

taile

d in

Rul

e XI

II, S

ecti

on 3

.

Sect

ion

17

and

IRR

Rule

X,

Se

ctio

n14

esta

blis

hes

the

Nat

iona

l Re

inte

grat

ion

Cent

er f

or O

FWs

(NRC

O)

task

ed to

pro

vide

the m

echa

nism

for t

he

rein

tegr

atio

n in

to P

hilip

pine

soci

ety.

It is

a

one-

stop

cen

ter

that

will

add

ress

the

m

ulti-

face

ted

need

s of

OFW

ret

urne

es

and

thei

r fa

mili

es.

Its f

unct

ions

are

en

umer

ated

in

Sect

ion.

18 a

nd I

RRRu

le X

, Sec

tion

15:

Sect

ion

23(b

.2) m

anda

tes

the

OW

WA

to f

orm

ulat

e an

d im

plem

ent

wel

fare

pr

ogra

ms

for

OFW

s an

d th

eir

fam

ilies

w

hile

the

y ar

e ab

road

and

upo

n th

eir

retu

rn.De

velo

p an

d su

ppor

t pr

ogra

ms

and

proj

ects

for

live

lihoo

d fo

r th

e re

turn

ees a

nd fa

mili

es.

Coor

dina

te

with

ap

prop

riate

st

akeh

olde

rsIn

stitu

te

com

pute

r-bas

ed

info

rmat

ion

syst

em o

n re

turn

ing

mig

rant

wor

kers

acc

essib

le t

o th

e pu

blic

.Pe

riodi

c st

udy

and

asse

ssm

ent

of

job

oppo

rtun

ities

for r

etur

nees

.De

velo

p an

d im

plem

ent

othe

r ap

prop

riate

pro

gram

s to

pro

mot

e w

elfa

re.

Mai

ntai

n in

tern

et-b

ased

co

mm

unica

tion

syst

em f

or o

nlin

e re

gist

ratio

n an

d in

tera

ctio

n w

ith

clien

ts.

Capa

city-

build

ing

prog

ram

s fo

r re

turn

ees .

Rese

arch

fo

r po

licy

reco

mm

enda

tions

.

1. 2. 3. 4. 5. 6. 7. 8.

PART

IAL

Com

plia

nce



Ensu

re

avai

labi

lity

of le

gal a

nd

adm

inis

trat

ive

assi

stan

ce(G

ener

al

Reco

mm

enda

tion

26,

para

grap

h 24

(h)).

Obl

igat

ions

of S

tate

s pa

rtie

s und

er

cust

omar

y in

tern

atio

nal l

aw o

r tr

eatie

s mus

t be

carr

ied

out i

n fu

ll in

rela

tion

to w

omen

mig

rant

w

orke

rs

(Gen

eral

Re

com

men

datio

n 26

, pa

ragr

aph

24).

Ensu

re th

at w

omen

m

igra

nt w

orke

rs

have

acc

ess t

o le

gal

assi

stan

ce a

nd to

th

e co

urts

(Gen

eral

Re

com

men

dtio

n 26

, pa

ragr

aph

26 (c

)(ii))

Wom

en m

igra

nt

wor

kers

s m

ust b

e ab

le to

real

ize

valid

m

oney

clai

ms

aris

ing

from

bre

ach

of co

ntra

cts a

nd

viol

atio

ns.

Enfo

rcem

ent

mec

hani

sms m

ust b

e av

aila

ble.

Wom

en m

igra

nt

wor

kers

shou

ld b

e ab

le

to a

cces

s cou

rts t

o se

ek

redr

ess f

or v

iola

tions

of

thei

r rig

hts.

Ther

e m

ust b

e a

syst

em

of li

abili

ty th

at w

ould

en

sure

the

satis

fact

ion

of th

e cl

aim

.

Thes

e en

forc

emen

t m

echa

nism

s mus

tal

so b

e ef

ficie

nt.

Rule

s of p

roce

dure

shou

ld ta

ke in

toac

coun

t the

pec

ulia

r ne

eds o

f the

vic

tims.

Are

lega

l ser

vice

s av

aila

ble

to a

sser

t m

oney

cla

ims

aris

ing

from

brea

ch o

f co

ntra

cts

and

vio

lati

ons

of

mig

rant

wor

kers

’ ri

ghts

?

Are

the

re e

ffici

ent

enfo

rcem

ent

mec

hani

sms

prov

ided

by

law

?

Are

wom

en

mig

rant

wor

kers

gi

ven

acce

ss t

o co

urts

for

the

prot

ecti

on o

f the

ir

righ

ts?

The

solid

ary

liabi

lity

of

the

prin

cipa

l/em

ploy

er

and

the

agen

cy g

reat

ly

as w

ell a

s the

pos

ting

of

perf

orm

ance

bon

ds a

id

the

satis

fact

ion

of m

oney

cl

aim

s by

wom

en m

igra

nt

wor

kers

. How

ever

, the

cl

ause

aw

ardi

ng O

FW

who

wer

e un

law

fully

te

rmin

ated

onl

y th

ree

mon

ths f

or e

very

year

of

the

unex

pire

d te

rm

has b

een

decl

ared

un

cons

titut

iona

l. The

law

sh

ould

be

amen

ded

to

rem

ove

this

clau

se.

The

law

is

com

plia

nt w

ith

the

CED

AW

obl

igat

ion

and

is r

einf

orce

d by

the

ass

ista

nce

giv

en b

y th

e go

vern

men

t ag

ency

co

ncer

ned.

The

law

in id

entif

ying

our

co

urts

and

qua

si-ju

dici

al

bodi

es a

s the

pro

per

venu

e an

d ju

risdi

ctio

n fo

r the

se ca

ses,

faci

litat

es

the

filin

g an

d pr

osec

utio

n of

the

case

so th

at a

w

rong

ed m

igra

nt w

orke

r ca

n vi

ndic

ate

her r

ight

s.

RA 8

042

affo

rds

the

OFW

s with

a

reco

urse

and

as

sure

s the

m o

f im

med

iate

and

su

ffici

ent p

aym

ent

of th

eir j

ust c

laim

.

Redr

ess b

efor

e in

tern

atio

nal a

nd

regi

onal

hum

an

right

s sys

tem

s is

avai

labl

e an

d w

ith

assi

stan

ce b

y th

e go

vern

men

t.

The

law

pro

vide

s fo

r spe

cific

rule

s on

case

s inv

olvi

ng th

e rig

hts o

f w

omen

m

igra

nt w

orke

rs.

Sect

ion

10,

para

grap

h 2

- Th

e lia

bilit

y of

the

prin

cipa

l/em

ploy

er a

nd

the

recr

uitm

ent/

plac

emen

t ag

ency

for

an

y an

d al

l cl

aim

s un

der

this

sec

tion

shal

l be

join

t and

sev

eral

. Thi

s pr

ovis

ion

shal

l be

inc

orpo

rate

d in

the

con

trac

t fo

r ov

erse

as e

mpl

oym

ent

and

shal

l be

a co

nditi

on p

rece

dent

for

its

app

rova

l. Th

e pe

rfor

man

ce b

ond

to b

e fil

ed b

y th

e re

crui

tmen

t/pl

acem

ent

agen

cy,

as

prov

ided

by

law

, sha

ll be

ans

wer

able

for

all m

oney

cla

ims

or d

amag

es t

hat

may

be

aw

arde

d to

the

wor

kers

. If th

e ag

ency

is

a ju

ridic

al b

eing

, the

corp

orat

e of

ficer

s an

d di

rect

ors

and

part

ners

as

the

case

m

ay b

e, sh

all t

hem

selv

es b

e jo

intly

and

so

lidar

ily li

able

with

the

cor

pora

tion

or

part

ners

hip

for t

he a

fore

said

clai

ms a

nd

dam

ages

.

Sect

ion

22

on

enfo

rcem

ent

mec

hani

sms

unde

r in

tern

atio

nal

and

regi

onal

hu

man

rig

hts

syst

ems.

It ve

sts

in

the

Dep

artm

ent

of

Fore

ign

Affa

irs

auth

ority

to

as

sess

“av

enue

s of

re

dres

s un

der

inte

rnat

iona

l an

d re

gion

al h

uman

righ

ts s

yste

ms

that

are

av

aila

ble

to F

ilipi

no m

igra

nt w

orke

rs

who

are

vic

tims

of a

buse

and

vio

latio

n an

d… p

ursu

e th

e sa

me

on b

ehal

f of

th

e vi

ctim

if it

is le

gally

impo

ssib

le t

o fil

e in

divi

dual

com

plai

nts.”

It s

hall

fully

ap

pris

e th

e Fi

lipin

o m

igra

nt w

orke

rs o

f th

e ex

iste

nce

and

effe

ctiv

enes

s of

suc

h le

gal o

ptio

ns.

Sect

ion

9id

entifi

es th

e ve

nue

for fi

ling

a cr

imin

al a

ctio

n ar

isin

g fr

om i

llega

l re

crui

tmen

t w

ith t

he t

rial c

ourt

of

the

prov

ince

or

city

whe

re t

he o

ffens

e w

as

com

mitt

ed o

r whe

re th

e of

fend

ed p

arty

ac

tual

ly re

side

s.

Sect

ion

10-

Labo

r Ar

bite

rs o

f th

e N

atio

nal

Labo

r Re

latio

ns C

omm

issi

on

exer

cise

th

e or

igin

al

and

excl

usiv

e ju

risdi

ctio

n ov

er m

oney

clai

ms i

nclu

ding

cl

aim

s fo

r act

ual,

mor

al, e

xem

plar

y an

d ot

her f

orm

s of d

amag

es.

SERV

ICES

AN

D E

NFO

RCEM

ENT

REG

IMES

PART

IAL

Com

plia

nce

FULL

Com

plia

nce

FULL

Com

plia

nce



DEV

ELO

PIN

G C

EDA

W L

EGA

L IN

DIC

ATO

RSD

ETER

MIN

ING

CO

MPL

IAN

CE A

ND

REC

OM

MEN

DA

TIO

NS

STEP

1CE

DA

WO

blig

atio

ns(A

rtic

les

6 an

d 11

, CE

DA

W)

STEP

4CE

DA

W L

egal

Indi

cato

rs

STEP

6Co

mpl

ianc

eST

EP 8

Reco

mm

enda

tion

s

STEP

7Ex

plan

atio

nan

dCo

mm

ents

STEP

2Si

tuat

ion,

Issu

es

and

Conc

erns

STEP

3Po

ints

Nee

ded

inLa

w

STEP

5Re

leva

nt L

aws

(RA

920

8 A

s A

men

ded

by R

A 9

422

and

RA

1036

4 an

d It

s O

mni

bus

IRR)

Supp

ress

all

form

s of

traf

ficki

ng in

wom

en

and

expl

oita

tion

of

pros

titut

ion

of w

omen

(A

rticl

e 6,

Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

3).

Effe

ctiv

e co

mpl

aint

s pr

oced

ures

and

re

med

ies (

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Effe

ctiv

e co

mpl

aint

s pr

oced

ures

and

re

med

ies (

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Spec

ific p

reve

ntiv

e an

d pu

nitiv

e m

easu

res

are

nec

essa

ry to

ov

erco

me

traf

ficki

ng

and

sexu

al e

xplo

itatio

n (G

ener

al

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Effe

ctiv

e co

mpl

aint

s p

roce

dure

s and

re

med

ies (

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(i))

Spec

ific p

reve

ntiv

e an

d pu

nitiv

e m

easu

res a

re

nece

ssar

y to

ove

rcom

e tr

affic

king

and

sexu

al

expl

oita

tion

(Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

24(i)

)

Traf

ficki

ng is

mor

eco

mpl

icat

ed n

ow

beca

use

it is

mor

e gl

obal

ized

.

Reve

rse

traf

ficki

ng

espe

cial

ly in

P. B

urgo

s an

d M

akat

i are

as

Traf

ficki

ng ca

ses fi

led

in

cour

t are

dow

ngra

ded

for l

ack

of e

vide

nce

on th

e in

tent

of t

he

recr

uitm

ent t

hat w

ill

faci

litat

e pr

osec

utio

n.An

othe

r iss

ue is

whe

n th

e vi

ctim

dec

ides

to

leav

e th

e co

untr

y ag

ain

as a

mig

rant

wor

ker

and

ther

e is

no

body

left

in th

e Ph

ilipp

ines

to a

ctiv

ely

purs

ue th

e ca

se.

The

defin

ition

of

traf

ficki

ng sh

ould

be

broa

d en

ough

.

Crim

inal

ize

traf

ficki

ng o

f fo

reig

n w

omen

.

Inte

rpre

tatio

n of

law

s m

ust b

e gu

ided

by

the

real

ity a

nd e

xper

ienc

e of

traf

ficke

d su

rviv

ors.

Indi

rect

evi

denc

e sh

ould

be

acc

epte

d in

ca

ses l

ike

thes

e w

hich

ca

n be

com

men

ced

by d

eter

min

atio

n of

co

ntem

pora

neou

s and

ex

tem

pora

neou

s act

sAl

low

pro

secu

tion

even

w

ith th

e ab

senc

e of

the

vict

im’s

test

imon

y or

pa

rtic

ipat

ion

in th

e ca

se

Doe

s th

e le

gal

defi

niti

on o

f tr

affick

ing

incl

ude

all f

orm

s of

tra

ffick

ing

in

wom

en, b

oth

citi

zens

and

alie

ns?

Is t

he

traffi

ckin

g of

alie

n w

omen

defi

ned

as

a cr

ime

in t

he la

w?

Doe

s th

e la

w

prot

ect t

he id

enti

ty

and

priv

acy

of

traffi

cked

per

sons

?

Are

tra

ffick

ed

pers

ons

exem

pt fr

om

pros

ecut

ion?

Is t

he

pros

ecut

ion

of

traffi

ckin

g ca

ses

effec

tive

?

Is a

com

plai

nt

on t

raffi

ckin

g di

smis

sed

auto

mat

ical

lyif

the

tra

ffick

ed

pers

on d

esis

ts

from

con

tinu

ing

wit

h th

e ca

se?

Broa

d de

finiti

on is

CE

DAW

-com

plia

nt;

The

defin

ition

look

s at t

he

acts

, mea

ns a

nd p

urpo

se

to co

nstit

ute

traf

ficki

ng in

wom

enas

a cr

ime

and

does

not

lim

it th

e sc

ope

of th

ela

w o

n th

e ba

sis o

f na

tiona

lity

of th

e tr

affic

ked

pers

on.

Iden

tity

is p

rote

cted

; pr

efer

entia

l tre

atm

ent i

s on

e of

the

amen

dmen

ts

to R

A 92

08.

Juxt

apos

ed w

ith R

A 92

08,

as a

men

ded,

a ca

tego

ry

of p

rost

itute

d w

omen

w

ho a

re n

ot co

nsid

ered

as

traf

ficke

d pe

rson

s is

crea

ted.

Thi

s mus

t be

abol

ishe

d.

Non

-face

-to-

face

pr

ocee

ding

s in

case

s w

here

vic

tim’s

safe

ty o

r he

alth

is a

t ris

k. Th

ere

mus

t be

a po

sitiv

e du

ty o

f gov

ernm

ent t

o pu

rsue

the

case

eve

n in

th

e ab

senc

e of

vic

tim’s

test

imon

y as

long

as t

he

elem

ents

are

pre

sent

.Al

low

for d

irect

and

in

dire

ct ci

rcum

stan

tial

evid

ence

or r

emed

ies i

f vi

ctim

’s te

stim

ony

not

obta

ined

.

East

er E

urop

ean

vict

ims w

ere

atte

nded

to.

The

law

qua

lified

th

ose

to b

e pr

otec

ted

to th

ose

who

can

prov

e th

at th

ey a

re

“tra

ffick

ed,”

whi

ch

is a

gain

st th

e la

w.

Hire

d pe

rson

s in

the

stre

ets,

amon

g ot

hers

are

crim

inal

ized

.

The p

urpo

se to

expl

oit

has t

o be

pro

ven.

Th

e pro

secu

tors

and

ju

dges

requ

ire vi

ctim

’s te

stim

ony,

whi

ch is

a

prob

lem

.Vi

ctim

s of i

ndig

enou

s co

mm

uniti

es a

re

sham

ed o

r thr

eate

ned,

th

us d

isallo

win

g th

em

to te

stify

or p

ursu

e a

case

. The

re a

re ca

ses

whe

rein

the D

atu

or

bara

ngay

lead

ers a

re

recr

uite

rs.

FULL

Com

plia

nce

FULL

Com

plia

nce

FULL

Com

plia

nce

PART

IAL

Com

plia

nce

PART

IAL

Com

plia

nce

Sect

ion

3(a)

de

fines

tr

affic

king

in

pe

rson

s; it

is

likew

ise

iden

tifies

al

l m

eans

for i

ts co

mm

issi

on.

Alth

ough

th

e el

emen

t of

fo

rce

is

indi

cativ

e of

tra

ffick

ing,

the

defi

nitio

n al

low

s for

oth

er m

eans

incl

udin

g “ta

king

ad

vant

age

of t

he v

ulne

rabi

lity

of t

he

pers

on.”

The

law

fur

ther

mor

e de

fines

th

e pu

rpos

e of

tra

ffick

ing

to i

nclu

de

vario

us fo

rms o

f exp

loita

tion.

Sect

ion

19 w

hich

per

mits

an

alie

n tr

affic

ked

pers

on t

o st

ay a

s lo

ng a

s ne

cess

ary

to e

ffect

the

pro

secu

tion

of

offe

nder

s

Sect

ion

7 pr

otec

ts th

e id

entit

y an

d pr

ivac

y of

traf

ficke

d pe

rson

s an

d pr

ovid

es fo

r pro

cedu

res f

or th

e pr

otec

tion

of tr

affic

ked

pers

ons a

nd

witn

esse

s fro

m p

oten

tial r

etal

iatio

n or

in

timid

atio

n.

Traf

ficke

d pe

rson

s who

are

“tes

tifyi

ng o

r ab

out

to t

estif

y be

fore

any

judi

cial

or …

be

fore

any

inve

stig

atin

g au

thor

ity”

are

thus

ent

itled

to

the

witn

ess

prot

ectio

n pr

ogra

m

Sect

ion

17 p

rovi

des t

hat o

nce

a pe

rson

pr

oves

tha

t sh

e is

a t

raffi

cked

per

son,

th

e la

w e

xem

pts

her

from

pro

secu

tion.

Co

nsen

t of t

he vi

ctim

to th

e cr

imin

al a

ct

is ir

rele

vant

.

Sect

ion

17-C

pro

vide

s tha

t pro

secu

tion

of

reta

liato

ry

suits

ag

ains

t vi

ctim

s sh

all b

e he

ld in

abe

yanc

e pe

ndin

g fin

al

reso

lutio

n of

crim

inal

com

plai

nt.

RA 1

0158

am

ende

d Ar

ticle

202

of

the

RPC

by d

ecrim

inal

izin

g va

gran

cy b

ut

kept

the

gen

der-b

iase

d de

finiti

on o

f pr

ostit

utes

as

“wom

en w

ho, f

or m

oney

or

pro

fit,

habi

tual

ly i

ndul

ge i

n se

xual

in

terc

ours

e or

lasc

ivio

us co

nduc

t.”Se

ctio

n 8

prov

ides

for t

he in

itia

tion

an

d pr

osec

utio

n of

cas

es.

Any

pers

on w

ho h

as p

erso

nal

know

ledg

e of

the

com

mis

sion

of

any

offe

nse

may

file

a c

ompl

aint

for

traf

ficki

ng.

Case

s in

volv

ing

traf

ficki

ng

in

pers

ons

shou

ld n

ot b

e di

smis

sed

base

d on

the

affi

davi

t of

des

ista

nce

exec

uted

by

th

e vi

ctim

s of

th

eir

pare

nts

or l

egal

gua

rdia

ns.

Publ

ic

and

priv

ate

pros

ecut

ors

are

dire

cted

to

opp

ose

and

man

ifest

obj

ecti

ons

to m

otio

ns fo

r dis

mis

sal.

TRA

FFIC

KIN

G



Supp

ress

all

form

s of

traf

ficki

ng in

wom

en

and

expl

oita

tion

of

pros

titut

ion

of w

omen

(A

rticl

e 6,

Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

3).

Effe

ctiv

e co

mpl

aint

s pr

oced

ures

and

re

med

ies (

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Effe

ctiv

e co

mpl

aint

s pr

oced

ures

and

re

med

ies (

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Spec

ific p

reve

ntiv

e an

d pu

nitiv

e m

easu

res

are

nec

essa

ry to

ov

erco

me

traf

ficki

ng

and

sexu

al e

xplo

itatio

n (G

ener

al

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Effe

ctiv

e co

mpl

aint

s p

roce

dure

s and

re

med

ies (

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(i))

Spec

ific p

reve

ntiv

e an

d pu

nitiv

e m

easu

res a

re

nece

ssar

y to

ove

rcom

e tr

affic

king

and

sexu

al

expl

oita

tion

(Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

24(i)

)

Traf

ficki

ng is

mor

eco

mpl

icat

ed n

ow

beca

use

it is

mor

e gl

obal

ized

.

Reve

rse

traf

ficki

ng

espe

cial

ly in

P. B

urgo

s an

d M

akat

i are

as

Traf

ficki

ng ca

ses fi

led

in

cour

t are

dow

ngra

ded

for l

ack

of e

vide

nce

on th

e in

tent

of t

he

recr

uitm

ent t

hat w

ill

faci

litat

e pr

osec

utio

n.An

othe

r iss

ue is

whe

n th

e vi

ctim

dec

ides

to

leav

e th

e co

untr

y ag

ain

as a

mig

rant

wor

ker

and

ther

e is

no

body

left

in th

e Ph

ilipp

ines

to a

ctiv

ely

purs

ue th

e ca

se.

The

defin

ition

of

traf

ficki

ng sh

ould

be

broa

d en

ough

.

Crim

inal

ize

traf

ficki

ng o

f fo

reig

n w

omen

.

Inte

rpre

tatio

n of

law

s m

ust b

e gu

ided

by

the

real

ity a

nd e

xper

ienc

e of

traf

ficke

d su

rviv

ors.

Indi

rect

evi

denc

e sh

ould

be

acc

epte

d in

ca

ses l

ike

thes

e w

hich

ca

n be

com

men

ced

by d

eter

min

atio

n of

co

ntem

pora

neou

s and

ex

tem

pora

neou

s act

sAl

low

pro

secu

tion

even

w

ith th

e ab

senc

e of

the

vict

im’s

test

imon

y or

pa

rtic

ipat

ion

in th

e ca

se

Doe

s th

e le

gal

defi

niti

on o

f tr

affick

ing

incl

ude

all f

orm

s of

tra

ffick

ing

in

wom

en, b

oth

citi

zens

and

alie

ns?

Is t

he

traffi

ckin

g of

alie

n w

omen

defi

ned

as

a cr

ime

in t

he la

w?

Doe

s th

e la

w

prot

ect t

he id

enti

ty

and

priv

acy

of

traffi

cked

per

sons

?

Are

tra

ffick

ed

pers

ons

exem

pt fr

om

pros

ecut

ion?

Is t

he

pros

ecut

ion

of

traffi

ckin

g ca

ses

effec

tive

?

Is a

com

plai

nt

on t

raffi

ckin

g di

smis

sed

auto

mat

ical

lyif

the

tra

ffick

ed

pers

on d

esis

ts

from

con

tinu

ing

wit

h th

e ca

se?

Broa

d de

finiti

on is

CE

DAW

-com

plia

nt;

The

defin

ition

look

s at t

he

acts

, mea

ns a

nd p

urpo

se

to co

nstit

ute

traf

ficki

ng in

wom

enas

a cr

ime

and

does

not

lim

it th

e sc

ope

of th

ela

w o

n th

e ba

sis o

f na

tiona

lity

of th

e tr

affic

ked

pers

on.

Iden

tity

is p

rote

cted

; pr

efer

entia

l tre

atm

ent i

s on

e of

the

amen

dmen

ts

to R

A 92

08.

Juxt

apos

ed w

ith R

A 92

08,

as a

men

ded,

a ca

tego

ry

of p

rost

itute

d w

omen

w

ho a

re n

ot co

nsid

ered

as

traf

ficke

d pe

rson

s is

crea

ted.

Thi

s mus

t be

abol

ishe

d.

Non

-face

-to-

face

pr

ocee

ding

s in

case

s w

here

vic

tim’s

safe

ty o

r he

alth

is a

t ris

k. Th

ere

mus

t be

a po

sitiv

e du

ty o

f gov

ernm

ent t

o pu

rsue

the

case

eve

n in

th

e ab

senc

e of

vic

tim’s

test

imon

y as

long

as t

he

elem

ents

are

pre

sent

.Al

low

for d

irect

and

in

dire

ct ci

rcum

stan

tial

evid

ence

or r

emed

ies i

f vi

ctim

’s te

stim

ony

not

obta

ined

.

East

er E

urop

ean

vict

ims w

ere

atte

nded

to.

The

law

qua

lified

th

ose

to b

e pr

otec

ted

to th

ose

who

can

prov

e th

at th

ey a

re

“tra

ffick

ed,”

whi

ch

is a

gain

st th

e la

w.

Hire

d pe

rson

s in

the

stre

ets,

amon

g ot

hers

are

crim

inal

ized

.

The p

urpo

se to

expl

oit

has t

o be

pro

ven.

Th

e pro

secu

tors

and

ju

dges

requ

ire vi

ctim

’s te

stim

ony,

whi

ch is

a

prob

lem

.Vi

ctim

s of i

ndig

enou

s co

mm

uniti

es a

re

sham

ed o

r thr

eate

ned,

th

us d

isallo

win

g th

em

to te

stify

or p

ursu

e a

case

. The

re a

re ca

ses

whe

rein

the D

atu

or

bara

ngay

lead

ers a

re

recr

uite

rs.

FULL

Com

plia

nce

FULL

Com

plia

nce

FULL

Com

plia

nce

PART

IAL

Com

plia

nce

PART

IAL

Com

plia

nce

Sect

ion

3(a)

de

fines

tr

affic

king

in

pe

rson

s; it

is

likew

ise

iden

tifies

al

l m

eans

for i

ts co

mm

issi

on.

Alth

ough

th

e el

emen

t of

fo

rce

is

indi

cativ

e of

tra

ffick

ing,

the

defi

nitio

n al

low

s for

oth

er m

eans

incl

udin

g “ta

king

ad

vant

age

of t

he v

ulne

rabi

lity

of t

he

pers

on.”

The

law

fur

ther

mor

e de

fines

th

e pu

rpos

e of

tra

ffick

ing

to i

nclu

de

vario

us fo

rms o

f exp

loita

tion.

Sect

ion

19 w

hich

per

mits

an

alie

n tr

affic

ked

pers

on t

o st

ay a

s lo

ng a

s ne

cess

ary

to e

ffect

the

pro

secu

tion

of

offe

nder

s

Sect

ion

7 pr

otec

ts th

e id

entit

y an

d pr

ivac

y of

traf

ficke

d pe

rson

s an

d pr

ovid

es fo

r pro

cedu

res f

or th

e pr

otec

tion

of tr

affic

ked

pers

ons a

nd

witn

esse

s fro

m p

oten

tial r

etal

iatio

n or

in

timid

atio

n.

Traf

ficke

d pe

rson

s who

are

“tes

tifyi

ng o

r ab

out

to t

estif

y be

fore

any

judi

cial

or …

be

fore

any

inve

stig

atin

g au

thor

ity”

are

thus

ent

itled

to

the

witn

ess

prot

ectio

n pr

ogra

m

Sect

ion

17 p

rovi

des t

hat o

nce

a pe

rson

pr

oves

tha

t sh

e is

a t

raffi

cked

per

son,

th

e la

w e

xem

pts

her

from

pro

secu

tion.

Co

nsen

t of t

he vi

ctim

to th

e cr

imin

al a

ct

is ir

rele

vant

.

Sect

ion

17-C

pro

vide

s tha

t pro

secu

tion

of

reta

liato

ry

suits

ag

ains

t vi

ctim

s sh

all b

e he

ld in

abe

yanc

e pe

ndin

g fin

al

reso

lutio

n of

crim

inal

com

plai

nt.

RA 1

0158

am

ende

d Ar

ticle

202

of

the

RPC

by d

ecrim

inal

izin

g va

gran

cy b

ut

kept

the

gen

der-b

iase

d de

finiti

on o

f pr

ostit

utes

as

“wom

en w

ho, f

or m

oney

or

pro

fit,

habi

tual

ly i

ndul

ge i

n se

xual

in

terc

ours

e or

lasc

ivio

us co

nduc

t.”Se

ctio

n 8

prov

ides

for t

he in

itia

tion

an

d pr

osec

utio

n of

cas

es.

Any

pers

on w

ho h

as p

erso

nal

know

ledg

e of

the

com

mis

sion

of

any

offe

nse

may

file

a c

ompl

aint

for

traf

ficki

ng.

Case

s in

volv

ing

traf

ficki

ng

in

pers

ons

shou

ld n

ot b

e di

smis

sed

base

d on

the

affi

davi

t of

des

ista

nce

exec

uted

by

th

e vi

ctim

s of

th

eir

pare

nts

or l

egal

gua

rdia

ns.

Publ

ic

and

priv

ate

pros

ecut

ors

are

dire

cted

to

opp

ose

and

man

ifest

obj

ecti

ons

to m

otio

ns fo

r dis

mis

sal.

Effe

ctiv

e co

mpl

aint

s pr

oced

ures

and

rem

edie

s (G

ener

al

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Spec

ific p

reve

ntiv

e an

d pu

nitiv

e m

easu

res a

re

nece

ssar

y to

ove

rcom

e tr

affic

king

and

sexu

al

expl

oita

tion

(Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

24(g

)).

Effe

ctiv

e co

mpl

aint

s pr

oced

ures

and

re

med

ies (

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(g)).

Spec

ific p

reve

ntiv

e an

d pu

nitiv

e m

easu

res a

re n

eces

sary

to o

verc

ome

traf

ficki

ng a

nd se

xual

ex

ploi

tatio

n (G

ener

al

Reco

mm

enda

tion

19,

para

grap

h 24

(g)).

Effe

ctiv

e co

mpl

aint

s pr

oced

ures

and

rem

edie

s (G

ener

al

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Spec

ific p

reve

ntiv

e an

d pu

nitiv

e m

easu

res a

re

nece

ssar

y to

ove

rcom

e tr

affic

king

and

sexu

al

expl

oita

tion

(Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

24(g

)).

Effe

ctiv

e co

mpl

aint

s p

roce

dure

s and

re

med

ies(

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Spec

ific p

reve

ntiv

e an

d p

uniti

ve m

easu

res a

re

nece

ssar

y to

ove

rcom

e tr

affic

king

and

sexu

al

expl

oita

tion

(Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

24(g

)).

Acce

ss to

just

ice

mus

t no

t be

limite

d to

lega

l re

med

ies/

redr

ess.

Prov

ide

for

reha

bilit

atio

nse

rvic

es fo

r vic

tims

Doe

s th

e la

w

esta

blis

hju

risd

icti

onov

er t

raffi

ckin

g off

ense

s co

mm

itte

d w

ithi

n th

e te

rrit

ory

of

the

Stat

e an

d th

ose

outs

ide

its

terr

itor

y, w

hen

com

mit

ted

by

or a

gain

st it

s na

tion

als?

Are

tra

ffick

ed

pers

ons

enti

tled

to

cla

im fo

r co

mpe

nsat

ion

for

dam

ages

suff

ered

?

Doe

s a

law

req

uire

for

the

reha

bilit

atio

nor

rec

over

y an

d re

inte

grat

ion

serv

ices

of

traffi

cked

per

sons

?

Doe

s th

e la

w

prov

ide

for

econ

omic

alt

erna

tive

s fo

r vi

ctim

s of

ex

ploi

tati

on(e

.g. s

usta

inab

le

jobs

)?

The

lang

uage

of t

he la

w

coul

d ha

ve b

een

stro

nger

to

mak

e th

is a

n ob

ligat

ion

of re

sults

by

the

Stat

e an

d im

pres

s on

it th

e du

ty to

en

ter i

nto

the

nece

ssar

y ex

trad

ition

trea

ties a

nd

bila

tera

l agr

eem

ents

.

Add

prov

isio

n al

low

ing

the

awar

d of

dam

ages

in

case

of f

ailu

re to

rese

rve

the

right

to fi

le a

sepa

rate

ac

tion.

Ther

e m

ust b

e a

rem

edy

in ca

se th

e tr

affic

ker

clai

ms t

hat h

e ha

s no

asse

ts.

Requ

ire tr

aini

ng o

f jud

icial

an

d la

w e

nfor

cem

ent

offic

ials,

socia

l wor

kers

, an

d he

alth

pr

ovid

ers o

n an

ti-tr

affic

king

law

s. Tr

aini

ng

mus

t be

gend

er-s

ensit

ive.

Med

ical

lega

l ser

vice

s m

ust b

e fr

ee, e

spec

ially

in

publ

ic h

ospi

tals

.

Law

yers

ass

ocia

tions

sh

oulb

e id

entifi

ed a

s ob

ligat

ory

prov

ider

s of

free

lega

l ser

vice

s. Th

is

shou

ld a

lso

be in

clud

ed in

M

CLE.

No

subs

tant

ial

com

plia

nce

as

reha

bilit

atio

n/re

cove

ry

requ

ires c

reat

ion

of

sust

aina

ble

jobs

. Thi

s m

ight

be

bett

er p

lace

d

with

DO

LE, n

ot ju

st w

ith

DSW

D.

To b

e m

eani

ngfu

l, re

habi

litat

ion

serv

ices

in

volv

es a

real

istic

bud

get.

Prob

lem

s aris

e w

hen

com

mitt

ed o

utsi

de

of

the

stat

e.

Whe

n tr

affic

ker

clai

ms n

o as

sets

, th

e vi

ctim

s cou

ld

not c

laim

any

thin

g.

Also

no

confi

scat

ion

of p

roce

eds f

rom

tr

affic

king

yet.

In in

form

al

just

ice

syst

ems,

com

pens

atio

n m

eans

with

draw

al

of cr

imin

al ca

se.

Allo

catio

n of

Php

10,0

00

for v

ictim

s is

not a

str

ateg

ic

rein

tegr

atio

n pr

ogra

m. C

SOs w

ere

not i

nvol

ved

in

form

ulat

ing

reco

very

an

d re

inte

grat

ion

pr

ogra

ms g

iven

hu

ge b

udge

ts. N

o tr

ansp

aren

cy in

bu

dget

ing.

Ther

e ar

e no

su

stai

nabl

e jo

bs

from

DO

LE.

PART

IAL

Com

plia

nce

PART

IAL

Com

plia

nce

PART

IAL

Com

plia

nce

PART

IAL

Com

plia

nce

Phili

ppin

e co

urts

hav

e ju

risdi

ctio

n ov

er

the o

ffens

e com

mitt

ed w

ithin

Phili

ppin

e te

rrito

ry a

nd t

hose

com

mitt

ed a

broa

d w

hen

com

mitt

ed b

y or a

gain

st Fi

lipin

os.

Sect

ion

9 pr

ovid

es t

he r

ule

on v

enue

: W

here

of

fens

e w

as

com

mitt

ed,

or

whe

re a

ny o

f its

ele

men

ts o

ccur

red,

or

whe

re th

e vi

ctim

act

ually

resi

des

at th

e tim

e of

the

com

mis

sion

Sect

ion

24

prov

ides

th

at

the

DO

J, in

co

nsul

tatio

n w

ith

the

DFA

, sh

all

ende

avor

to

in

clud

e th

e of

fens

e of

tr

affic

king

am

ong

extr

adita

ble

offe

nses

Sect

ion

13 –

whe

n vi

ctim

inst

itute

s a

sepa

rate

civ

il ac

tion

for

civi

l dam

ages

, sh

e sh

all b

e ex

empt

from

the

pay

men

t of

filin

g fe

es

Sect

ion

14 p

rovi

des

for

confi

scat

ion

and

forf

eitu

re, i

n fa

vor

of g

over

nmen

t, pr

ocee

ds a

nd in

stru

men

ts d

eriv

ed fr

om

traf

ficki

ng. T

hese

sha

ll be

pla

ced

in a

tr

ust f

or th

e IA

CAT

(Sec

tion

15)

Sect

ion

23 p

rovi

des f

or th

e co

mpu

lsor

y se

rvic

es

for

traf

ficke

d vi

ctim

s w

hich

in

clud

e em

erge

ncy

shel

ter,

coun

selli

ng,

free

le

gal

serv

ices

, m

edic

al

or

psyc

holo

gica

l se

rvic

es,

livel

ihoo

d an

d sk

ills

trai

ning

, edu

catio

nal a

ssis

tanc

e to

tr

affic

ked

child

Sect

ion

24 li

sts o

ther

serv

ices

like

lega

l as

sist

ance

, acc

ess

to o

vers

eas

Filip

ino

Reso

urce

Cen

ters

.

Sect

ion

25 m

anda

tes D

FA a

nd D

OLE

for

repa

tria

tion

of tr

affic

ked

pers

ons

Sect

ion

21(d

)

coor

dina

te

the

prog

ram

s an

d pr

ojec

ts o

f th

e va

rious

m

embe

r age

ncie

s to

effe

ctiv

ely

addr

ess

the

issu

es a

nd p

robl

ems

atte

ndan

t to

tr

affic

king

in p

erso

ns;

(h)

– fo

rmul

ate

a pr

ogra

m

for

the

rein

tegr

atio

n of

tra

ffick

ed p

erso

ns i

n co

oper

atio

n w

ith D

OLE

, DSW

D, T

ESDA

, CH

ED, L

GU

s and

NG

Os.



DEV

ELO

PIN

G C

EDA

W L

EGA

L IN

DIC

ATO

RSD

ETER

MIN

ING

CO

MPL

IAN

CE A

ND

REC

OM

MEN

DA

TIO

NS

STEP

1CE

DA

WO

blig

atio

ns(A

rtic

les

6 an

d 11

, CE

DA

W)

STEP

4CE

DA

W L

egal

Indi

cato

rs

STEP

6Co

mpl

ianc

eST

EP 8

Reco

mm

enda

tion

s

STEP

7Ex

plan

atio

nan

dCo

mm

ents

STEP

2Si

tuat

ion,

Issu

es,

and

Conc

erns

STEP

3Po

ints

Nee

ded

inLa

w

Effe

ctiv

e co

mpl

aint

s pr

oced

ures

and

re

med

ies (

Gene

ral

Reco

mm

enda

tion

19,

para

grap

h 24

(i)).

Spec

ific p

reve

ntiv

e an

d pu

nitiv

e m

easu

res a

re

nece

ssar

y to

ove

rcom

e tr

affic

king

and

sexu

al

expl

oita

tion

(Gen

eral

Re

com

men

datio

n 19

, pa

ragr

aph

24(g

)).

Are

wom

en in

pr

osti

tuti

onex

empt

from

pr

osec

utio

n?Th

eir

iden

titi

es p

rote

cted

?

Doe

s th

e la

w id

enti

fy

appr

opri

ate

agen

cies

to p

rovi

de

supp

ort?

PhP1

0,00

0 bu

dget

is n

ot

enou

gh. T

here

mus

t be

tran

spar

ency

.

COM

MEN

TS O

F D

.R.

PAJA

RITO

:W

hile

adm

itted

ly, th

is is

am

ong

the

wea

knes

ses

iden

tified

in p

reve

ntin

g re

-tra

ffick

ing

of v

ictim

s, th

e IA

CAT

is h

owev

er

inte

nsify

ing

its e

ffort

s in

impl

emen

ting

its p

rogr

ams a

nd

sust

aina

ble

activ

ities

, an

d em

pow

erin

g th

e lo

cal g

over

nmen

t un

its to

pro

vide

mor

e op

port

uniti

es fo

r vi

ctim

s of t

raffi

ckin

g in

th

eir r

espe

ctiv

e ar

ea o

f ju

risdi

ctio

n. IA

CAT

has

succ

essf

ully

faci

litat

ed

refe

rral

s to

its m

embe

rs

and

part

ners

for t

he

rein

tegr

atio

n of

the

vict

ims o

f tra

ffick

ing.

Se

vera

l vic

tims o

f tr

affic

king

wer

e pr

ovid

ed

jobs

, life

- ski

lls tr

aini

ngs,

finan

cial

ass

ista

nce

in

addi

tion

to th

e Ph

p10,

000

assi

stan

ce g

iven

by

the

DSW

D.

Onu

s mus

t be

on th

e pe

rson

s doi

ng th

e pr

ohib

ited

acts

. Rem

ove

the

disc

rimin

ator

y m

easu

res p

erta

inin

g to

w

omen

in p

rost

itutio

n.

Act o

f pro

curin

g pe

rson

s fo

r pro

stitu

tion

mus

t be

pena

lized

.

An a

genc

y m

ust a

ddre

ss

viol

atio

ns o

f the

righ

ts o

f pr

ostit

uted

wom

en.

The

law

qua

lified

th

ose

to b

e pr

otec

ted

to th

ose

who

can

prov

e th

at th

ey a

re

“tra

ffick

ed,”

whi

ch

is a

gain

st th

e la

w.

Hire

d pe

rson

s in

the

stre

ets,

amon

g ot

hers

are

cr

imin

aliz

ed.

For e

xam

ple,

the

DFA

wou

ld

tell

us th

ey h

ave

too

man

y ca

ses.

Inst

ead

of th

e go

vern

men

t, CS

Os

are

the

ones

that

at

tend

to th

ese

prog

ram

s, to

geth

er

with

par

tner

or

gani

zatio

ns in

ot

her c

ount

ries.

The

law

pro

tect

s th

e id

entit

y an

d pr

ivac

y of

tr

affic

ked

pers

ons,

but

beca

use

it do

es n

ot c

onsi

der

all

pros

titut

ed

wom

en

as

traf

ficke

d pe

rson

s, th

en o

nly

thos

e w

ho p

rove

th

at t

hey

are

traf

ficke

d ha

ve a

righ

t to

pro

tect

ion

of id

entit

y an

d pr

ivac

y.

Beca

use

RA 10

158

refe

rs to

traf

ficki

ng

and

does

not

cons

ider

all

pros

titut

es

expl

oite

d in

pro

stitu

tion,

ther

e is

no

law

and

no

com

preh

ensi

ble

serv

ices

fo

r vic

tims o

f pro

stitu

tion.

NO

Com

plia

nce

STEP

5Re

leva

nt L

aws

(RA

920

8 A

s A

men

ded

by R

A 9

422

and

RA

1036

4 an

d it

s O

mni

bus

IRR)



REFERENCESPhilippines , Republic Act 6981, An Act Providing for a Witness Protection Security ad Benefit Program and for Other Purposes (1991).

Philippines, Republic Act 8042, An Act to Institute the Policies of Overseas Employment and Establish a Higher Standard of Protection and Promotion of the Welfare if Migrant Workers, their Families and Overseas Filipinos in Distress and for other Purposes (1995).

Philippines, Republic Act 8353, An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime Against Persons, Amending for the Purpose Act No 3815, as Amended, Otherwise Known as the revised Penal Code, and for Other Purposes (1997).

Philippines, Republic Act 9208, An Act to Institute Policies to Eliminate Trafficking in Persons Especially Women and Children Establishing the Necessary Institutional Mechanics for the Protection and Support of Trafficked Persons, Providing Penalties for its Violations and for Other Purposes (2003).

Philippines Republic Act 9262, An Act Defining Violence Against Women and their Children, Providing for Protective Measures for Victims, Prescribing Penalties therefore, and for other purposes. (2004).

Philippines, Republic Act 9422, An Act to Strengthen the Regulatory Functions of the Philippine Overseas Employment Administration (POEA), Amending for this Purpose RA 8042 Otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995 (2007).

Philippines, Republic Act 9710, Magna Carta of Women (2009).

International Conventions and Instruments

CEDAW General Recommendations 19. Violence Against Women (1993).

CEDAW General Recommendation 25 On article 4 , paragraph 1, On temporary special measures, (2004).

CEDAW General Recommendations 26, On Women Migrant Workers, (2008).

Concluding Comments of the Committee on the Elimination of Discrimination against Women, 36th Session 07-25 August 2006.

Convention against Transnational Organized Crime (2000).

Convention on the Rights of the Child (1989).

International Convention on the Elimination of All Forms of Discrimination Against Women (1979).

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (1999).

Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (2003).

National Laws

Phlippines, 1987 Constitution.

Philippines, Act 3815, Revised Penal Code (1930)Guidelines on Legal and Aid governing the Establishment and Preparation of Legal Aid Offices in all Chapters of the Integrated Bar of the Philippines.(1974).

Philippines, Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipinos Act of 1995 (2010)



Guevarra, Anna Romina. Managing ‘Vulnerabilities’ And ‘Empowering’ Migrant Filipina Workers: The Philippines’ Overseas Employment Program. Social Identities 12.5 (2006): 523-541. Academic Search Complete. Web. 19 September 2014.

Padilla, Clara Rita A. “A Call For Philippine Implementation Of Women’s Rights Under CEDAW.” Ateneo Law Journal 52.4 (2008): 765-803. Academic Search Complete. Web. 19 September 2014.

Setyawati, Dinita Assets or Commodities? Comparing Regulations of Placement and Protection of Migrant Workers In Indonesia and The Philippines. Austrian Journal of South-East Asian Studies / Österreichische Zeitschrift Für Südostasienwissenschaften 6.2 (2013): 264-280. Academic Search Complete. Web. 19 September 2014.

Social Protection For Women Migrant Workers: A Comparative Study Among Sending Countries / Social Protection for women migrant workers: A Comparative Study among Sending Countries.” (n.d.): AGRIS. Web. 19 September 2014.

Sta. Maria, Amparita S. Analyzing Philippine Legal and Policy Frameworks for the Protection of Women Migrant Workers from HIV/AIDS Ateneo Law Journal 50.1 (2005): 47-128. Academic Source Complete. Web. 19 September 2014.

The Philippine-Belgian Pilot Project Against Trafficking In Women / A Consolidated Report By The Ateneo De Manila University And The Women’s Education, Development, Productivity And Research Organization, Inc. Makati City: Ateneo Human Rights Center, 1999., 1999. Rizal Library’s OPAC (Online Catalog). Web. 19 September 2014.

Van Impe, Kristof. People For Sale: The Need for A Multidisciplinary Approach Towards Human Trafficking. International Migration 38.3 (2000): 113. Academic Search Complete. Web. 19 September 2014.

Philippines, Republic Act 9710 Implementing Rules and Regulations (2010).

Philippines, Republic Act 10022, An Act Amending Republic Act No. 8042, Otherwise Known as the Migrant Workers and Overseas Filipinos Act of 1995. As Amended, Further Improving the Standard of Protection and Promotion of the Welfare of Migrant Workers, their Families and Overseas Filipinos in Distress, and for Other Purposes (2010).

Philippines, Republic Act 10158, An Act Decriminalizing Vagrancy, Amending for this Purpose Article 202 of Act No. 3815, As Amended, Otherwise Known as the Revised Penal Code”, (2012).Republic Act No. 10364, “An Act Expanding, Entitled “An Act to Institute Policies to Eliminate Trafficking in Persons Especially Women and Children, Establishing the Necessary Institutional Mechanics for the Protection and Support of Trafficked Persons, Providing Penalties for its Violations and for Other Purposes”

Philippines, Revised Rules of Criminal Procedure (2002).

Related Literature

Cheema, McNally, and Popovski eds., Governance and Institutional Issues in Migration”, Cross Border Governance in Asia: Regional Issues and Mechanisms, Trends and Innovations in Governance Series, Tokyo: United Nations University Press, 2011.

Do Our Laws Promote Gender Equality?: A Handbook for CEDAW-based Legal Reviews, UN Women, 2013.

Feliciano, Myrna S. Emerging Women’s Rights Issues: Review of Current Legal Remedies Related to Sex Trafficking. Philippine Law Journal 79 (2004): 596-638. Web. 19 September 2014.

Fernandez, Mary Rose Commodified Women.Peace Review 9.3 (1997): 411. SocINDEX with Full Text. Web. 19 September 2014.



Wuiling, Cheah. Assessing Criminal Justice And Human Rights Models In The Fight Against Sex Trafficking: A Case Study Of The ASEAN Region.(2006): OAIster. Web. 19 September 2014.

Cases

Agency Corp et al. v NLRC, Philippines, General Register. No. 119320. 13 March 1998.

ATCI Overseas Corporation et al. v. Echin, Philippines, General Register No. 178551. 11 October 2010.

Harry Go v People and Highdone Company Ltd., Philippines, General Register 185527. 07 July 2012.

Seagull Maritime Corp., et al. v. Balatongan, et al., Philippines, General Register No. 82252. 23 February 1989.

Serrano v. Gallant Maritime Services, Inc,. Philippines, General Register No. 167614. 24 March 2009.

Yap v Thenamaris Ship Management, Philippines, General Register No. 179532. 30 May 2011.

220 East 42nd StreetNew York, New York 10017, USA

Tel: +1-646-781-4480Fax: +1-646-781-4444

www.unwomen.org www.facebook.com/unwomen

www.twitter.com/un_women www.youtube.com/unwomen

www.flickr.com/unwomen

UN WOMEN IS THE UN ORGANIZATION DEDICATED TO GENDER EQUALITY AND THE EMPOWERMENT OF WOMEN. A GLOBAL CHAMPION FOR WOMEN AND GIRLS, UN WOMEN WAS ESTABLISHED TO ACCELERATE PROGRESS ON MEETING THEIR NEEDS WORLDWIDE.

UN Women supports UN Member States as they set global standards for achieving gender equality, and works with governments and civil society to design laws, policies, programmes and services needed to implement these standards. It stands behind women’s equal participation in all aspects of life, focusing on five priority areas: increasing women’s leadership and participation; ending violence against women; engaging women in all aspects of peace and security processes; enhancing women’s economic empowerment; and making gender equality central to national development planning and budgeting. UN Women also coordinates and promotes the UNsystem’s work in advancing gender equality.

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