C.
In order to address the identified shortcomings in the implementation of existing laws
against illegal recruitment, the following measures are recommended:
1.
Include basic orientation on what
illegal recruitment and human
trafficking are all about, including legal remedies of migrants in case abuse and
recruitment violation are committed, in the pre-employment and pre-departure seminars
being given to OFWs.
2.
Considering that the recruitment is often done in communities, especially in
the provinces, there is a need to equip and educate the local government units,
especially at the barangay level with regards to Illegal recruitment and human
trafficking.
3.
Published information and education materials on illegal recruitment and
human trafficking should be in the language and form that can be easily grasped by
prospective OFWs. Social media should be maximized as platform to discuss the issues,
modus operandi and other concerns pertaining to illegal recruitment and human
trafficking. Regular announcements and information should be published online in order to
encourage applicant OFWs to verify online with the POEA the license status of recruitment
agencies.
4.
The
progress of cases involving Illegal recruitment and human
trafficking should be monitored at all levels from filing, prosecution up to conviction and
execution of judgment. The execution of affidavits of desistance by the complaining OFW
victims, should there be other evidence available, should not deter the prosecution from
proceeding with the prosecution of illegal recruitment cases.
5.
The number of judges, public prosecutors and public attorneys should be
increased in order to achieve effective management of their case loads, including illegal
recruitment and human trafficking cases.
6.
Close coordination with the Anti Money Laundering Council should be
established by the prosecution in order to seize assets of illegal recruiters and human
traffickers that may be used to compensate the victims.
7.
The rights-based and gender-sensitivity approach should be included in the
training manual of the DOJ and the Supreme Court, in order to train all personnel,
including judges and state prosecutors especially in illegal recruitment and human
trafficking cases.
8.
The failure to serve more than 20,000 warrants of arrest for large scale or
syndicated illegal recruitment should be given special attention. Strict penalties for sheriff
or arresting officer who will fail to serve warrant of arrest without justifiable reason
should be imposed.
68
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