(“NLRC”) up to the date of decision of the Supreme Court. Case management by the courts
must be made more efficient to reduce the age of OFW caseloads of the courts.
2.
Debt bondage has been identified as one of the problems faced by OFWs,
domestic workers in particular. While there are existing laws that may be utilized to address
the problem of debt bondage, much still has to be done in the areas of public information and
education about debt bondage and prosecution of offenders.
3.
The existing laws against illegal recruitment are already sufficient to address
the problem but much work has to be done in the areas of public information and education
and prosecution of offenders.
4.
The combined claims for total or partial disability benefits and claims for
death benefits filed exclusively by sea based OFWs accounted for 80.72% of the total number
of OFW cases decided by the Supreme Court from 2015-2019. The underlying explanation
for this observation is the gross disparity existing between land based and sea based OFWs as
far as compensation or benefits for work-related injury, illness and death are concerned.
There is a need to review the provisions of R. A. 8042, as amended, as well as the POEAStandard Employment Contracts for land based OFWs to provide for compensation and
benefits in case of work-related injury, illness or death of the land based OFWs similar to, or
comparable to, that of the sea-based OFWs.
5.
While amicable settlement or compromise is a preferred mode of settling labor
disputes, gaps were identified in the Single Entry Approach (SEnA) process for OFWs,
specifically in the SEnA conferences conducted before the Philippine Overseas Labor Offices
(POLOs). The SEnA rules for OFWs must be reviewed to ensure that the rights of OFWs are
protected during SEnA conferences at the POLOs and that the OFWs can have access to legal
advice/assistance in the process.
II.
INTRODUCTION
2.1
Background
This research was undertaken as an offshoot of the Migrants Rights Observatory
(MRO) of the Commission on Human Rights of the Philippines (CHR or the Commission).
The MRO is a component of a bigger project, the Human Rights Observatory (HRO),
which aims to track progress of implementation by the Philippine Government of its human
rights obligations. It is one of the four observatories set up by the CHR to monitor the
protection of human rights among vulnerable groups, namely the: 1) Indigenous Peoples'
Human Rights Observatory (for indigenous peoples); 2) Gender-Based Violence Observatory
(for women, LGBTQI persons, and persons with diverse SOGIE); 3) Climate Change
Observatory (for populations affected by climate change and natural disasters); and 4)
Migrants’ Rights Observatory (for overseas Filipino workers and members of their families).
The HRO acts as a data repository of relevant human rights documents, including laws, bills,
ordinances, treaties, as well as Supreme Court case documentation, human rights violation
cases reported to the Commission on Human Rights, and situational reports. Guided by the
human rights–based principles, data analysis is undertaken by the HRO to broaden an
understanding of human rights issues, foster advocacy, and develop policy recommendations.
3