CMW/C/PHL/CO/3
fees, require workers to pay hidden fees, and are complicit in birth certificate falsification,
notably in the domestic and construction work sectors, to circumvent age restrictions.
51.
The Committee recommends that the State party reinforce the regulatory regime
for private recruitment agencies and strengthen the existing licensing system for
recruitment agencies to ensure the rights of migrant workers in accordance with the
Convention, and provide data in its next periodic report on recruiters blacklisted and
prosecuted for violations of the Philippine Overseas Employment Administration Rules
and Regulations (2016).
Return and reintegration
52.
The Committee notes the information provided on the legislative, policy and
programmatic measures taken to facilitate the voluntary return and reintegration of overseas
Filipino workers. It is concerned, however:
(a)
That social and labour reintegration and recovery initiatives provide only
temporary relief, and do not address the longer-term needs of overseas Filipino workers and
their families;
(b)
That no information has been provided on the protection of overseas Filipino
workers and their families from involuntary return and on the mechanisms in place to ensure
due process;
(c)
About the situation of migrant workers who have been internally displaced due
to the conflict in Mindanao.
53.
The Committee recalls its previous recommendations,16 and further recommends
that the State party facilitate the repatriation and reintegration of all migrant workers
and their families in need, including by:
(a)
Adequately funding initiatives that facilitate livelihood assistance, access
to decent and stable employment, psychosocial support and capacity-building for
returning workers and their families, as well as access to essential health care, childcare
facilities and income security, paying special attention to the needs of those who return
with a disability;
(b)
Providing clear information on how to access the entitlements provided
by the Overseas Workers Welfare Administration, including registration for
repatriation support programmes;
(c)
Addressing in bilateral agreements with all destination countries the
portability of social security contributions, including those for old age pensions;
(d)
In coordination between local and national governments and among civil
society organizations, establish monitoring and evaluation mechanisms to determine
and systematically report on the impact of the initiatives taken;
(e)
Expedite efforts to provide durable solutions to internally displaced
migrant workers and their families, in line with the recommendations made by the
Human Rights Committee.17
Situation of children and adolescents in the context of international migration
54.
The Committee is concerned about the high number of overseas Filipino workers who
are separated from their families and the situation of children left behind in the State party,
particularly with regard to their psychosocial development. It regrets the absence of in-depth
studies on the situation and a comprehensive strategy specifically targeted at addressing the
long-term needs of these children, given the enduring situation of migrant workers’ families
being separated.
16
17
GE.23-08778
Ibid., para. 45.
CCPR/C/PHL/CO/5, para. 40.
11