CMW/C/PHL/CO/3
59.
In accordance with the OHCHR Recommended Principles and Guidelines on
Human Rights and Human Trafficking, the Committee recommends, in line with target
5.2 of the Sustainable Development Goals, that the State party:
(a)
Monitor, evaluate and report on the effectiveness of the measures in place
for the early identification of victims of trafficking and the mechanisms of support,
referral, rehabilitation and social integration of trafficking victims, including the
provision of access to shelters and to legal, medical and psychosocial assistance;
(b) Consider adopting standard operating procedures on timely identification,
referral, protection and assistance for victims of trafficking, that are age-responsive
and that provide timely and equal access by victims of trafficking to fair and efficient
asylum and determination-of-statelessness procedures;
(c)
Provide, in its next periodic report, data on migrant workers that have
been trafficked, both in the Philippines and across its borders.
Measures to address migrant workers in an irregular situation
60.
The Committee notes the measures taken by the State party to facilitate regular
migration to the State party, through the issuance of Joint Memorandum Circular 001 s. 2019,
harmonizing the regulations and policy guidelines governing the provision of documents to
foreign nationals intending to work in the Philippines. The Committee is concerned, however,
that this fails to address pathways for the regularization of the status of undocumented
migrants in the Philippines.
61.
The Committee recommends that the State party:
(a)
Consider, in its ongoing reform of the immigration system, the
establishment of procedures for regularizing the situation of migrant workers in an
irregular situation so as to ensure that such a situation does not persist, and ensure that
these workers are informed about such procedures;
(b)
In line with the OHCHR Recommended Principles and Guidelines on
Human Rights at International Borders, ensure that all measures aimed at addressing
irregular migration or smuggling of migrants do not adversely affect the human rights
of migrant workers and members of their families and that they are provided with the
necessary assistance and afforded due process guarantees.
7.
Dissemination and follow-up
Dissemination
62.
The Committee requests the State party to ensure the timely dissemination of the
present concluding observations, in the official language(s) of the State party, to the
relevant State institutions at all levels, including to government ministries, the
legislature, the judiciary and relevant local authorities, as well as to non-governmental
organizations and other members of civil society.
Technical assistance
63.
The Committee recommends that the State party further avail itself of
international and intergovernmental assistance for the implementation of the
recommendations contained in the present concluding observations in line with the 2030
Agenda for Sustainable Development. It also recommends that the State party continue
its cooperation with specialized agencies and with programmes of the United Nations.
Follow-up to concluding observations
64.
The Committee requests the State party to provide, within two years (that is, by
1 May 2025), written information on the implementation of the recommendations
contained in paragraph 18 (a) and (b) on data collection, paragraph 26 on nondiscrimination, paragraph 28 (a) and (b) on women migrant workers and paragraph 57
(a) and (b) on causes of migration.
GE.23-08778
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