CMW/C/PHL/CO/3
support and services essential for migrant workers, paying special attention to overseas
Filipino workers in the Gulf States, and their families;
(c)
Consider revising the Migrant Workers and Overseas Filipinos Act in
order to provide for a more expedient response to calls from migrant workers abroad
or their next of kin;
(d)
Review and assess the implementation of the mandatory conciliationmediation (the Single Entry Approach) in enabling overseas Filipino workers to have
access to remedies, paying particular attention to cases where this mechanism does not
facilitate a reasonable and fair settlement between the worker and the employer;
(e)
3.
Collect disaggregated data on all alleged violations of the Convention.
Human rights of all migrant workers and members of their families (arts. 8–35)
Labour exploitation and other forms of ill-treatment
31.
The Committee is concerned at the persistently high number of complaints made by
overseas Filipino workers, and disproportionately, by women domestic migrant workers in
the Gulf States, including on issues related to non-payment of wages or illegal deductions,
insufficient food and rest periods, allegations of physical, psychological and verbal abuse,
including sexual abuse, and extreme violence that has even led to death. It is also concerned
about the extent to which perpetrators are investigated and prosecuted for violations of the
Convention rights of overseas Filipino workers.
32.
In the light of its general comment No. 2 (2013), the Committee recommends that
the State party implement specific measures to address abuse and exploitation of
overseas Filipino workers, with special attention to domestic workers in the Gulf States,
including by:
(a)
Establishing quick response protocols to provide overseas Filipino
workers in distress with adequate assistance, protection and rehabilitation, including
psychosocial rehabilitation, and reparation to victims and members of their families;
(b)
Creating a dedicated task force to recuperate the unpaid wages and other
benefits of overseas Filipino workers and to develop avenues to fast-track resolution of
cases;
(c)
Reviewing the certification system of destination countries compliant with
the Migrant Workers and Overseas Filipinos Act of 1995 (as amended by Republic Act
10022) and consider denying certification of destination countries that maintain
“sponsorship” systems (kafalah) whereby migrant workers are dependent on their
employers for residence visas and work permits and are therefore more vulnerable to
exploitation;
(d)
Strengthening the capacity of staff in foreign service posts to deliver a
gender-sensitive response, including through the implementation of a gender-sensitive
early warning response system, to complaints made by overseas Filipino workers;
(e)
Publicly denouncing abuses of migrant workers, including by publishing
the identities of foreign employers and of recruitment agencies, both foreign and local,
that have been blacklisted due to recruitment violations and/or have committed or been
involved in severe exploitation and abuse of overseas Filipino workers;
(f)
Review all bilateral agreements concluded with destination countries
engaging overseas Filipino workers to ensure that they contain protocols to investigate
and prosecute all violations of the Convention.
Consular assistance
33.
The Committee notes the progress made by the State party in fortifying its foreign
service posts to respond to migrant workers in distress. It is concerned, however, that the
capacity of consular staff remains insufficient, and highlights the inadequate attention paid
to the cases of the 65 overseas Filipino workers facing the death penalty, many of whom are
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