CMW/C/PHL/CO/3
term measures to address the ongoing impact of the pandemic on migrant workers and
members of their families, particularly in re-engaging migrant workers in the local economy.
It further regrets the absence of detailed information on actions taken to address the
disproportionate impact of the pandemic on foreign migrant workers and members of their
families in the Philippines.
10.
With reference to the joint guidance note on the impacts of the COVID-19
pandemic on the human rights of migrants, issued by the Committee and the Special
Rapporteur on the human rights of migrants, the Committee recommends that the State
party assess the needs of all migrant workers who have lost their livelihood due to the
pandemic and on this basis offer retraining and sustainable job creation opportunities.
Legislation and application
11.
The Committee notes with satisfaction that the State party has strengthened its
national legal framework relevant to migrant workers in the areas of recruitment oversight,
labour and employment dispute resolution mechanisms, and the provision of reintegration
support through entitlement to social benefits, including access to health care. It is, however,
concerned that the legal framework is not gender-responsive, does not comprehensively
address the situation of irregular migrants, is not well known by migrant workers and
members of their families and is insufficiently implemented by government officials. It
further notes that the Immigration Act of 1940 (Commonwealth Act No. 613) is neither
responsive to the current context nor consistent with the Convention provisions.
12.
The Committee recommends that the State party:
(a)
With the participation of workers’ rights organizations, and particularly
women’s rights and child rights organizations, review and revise all legislation relevant
to migrant workers and members of their families to guarantee the exercise of their
rights in full conformity with the Convention;
(b)
Strengthen awareness among all migrant workers and members of their
families about their rights under the national legal framework, including the right to
seek redress for violations;
(c)
Ensure the accurate application of the relevant legislation, harmonized
right across the State party, and also covering its nationals abroad, including through
the publication of clear guidelines for its implementation;
(d)
Amend the Immigration Act of 1940 to harmonize its provisions with the
Convention.
Articles 76 and 77
13.
The Committee recalls its previous recommendation5 and encourages the State
party to make the declarations provided for under articles 76 and 77 of the Convention.
Ratification of relevant instruments
14.
The Committee recalls its previous recommendation6 and recommends that the
State party ratify or accede to, as soon as possible, the International Convention for the
Protection of All Persons from Enforced Disappearance, the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights, the Optional Protocol
to the Convention on the Rights of the Child on a communications procedure, the
Optional Protocol to the Convention on the Rights of Persons with Disabilities, the
International Labour Organization (ILO) Private Employment Agencies Convention,
1997 (No. 181), the ILO Minimum Wage Fixing Convention, 1970 (No. 131) and the
ILO Violence and Harassment Convention, 2019 (No. 190).
5
6
GE.23-08778
CMW/C/PHL/CO/2, para. 15.
Ibid., para. 17.
3