There are many steps in money claims and cases that are filed by migrant workers. These may go through
up to three government agencies. Within each institution there are several opportunities for the agency
and the worker to reach settlement. There are many variables within this process, including time, money,
and unbalanced power dynamics, that may cause a worker to agree to a settlement that results in less
compensation than deserved.55
Other issues within access to justice include corruption and fraud. Furthermore, in regards to trafficking
cases, justice is impeded due to such issues as witness intimidation, witness trauma, desistance of cases,
and the difference between justice on paper and justice that is carried out.56
We urge the CEDAW Committee to include the following in the list of issues and list of questions:
1. Please inquire from the State party how personnel in the foreign service posts are selected and
prepared for the job onsite specifically in handling labor migration issues and concerns. Inquire if
standards to measure quality service to migrant workers are in place and whether migrants are involved in
the process of feedbacking
2. Affirmative action and an enabling social and legal environment – Since migration is a forced option
for many, particularly for low skilled migrants, enactment of laws and policies to protect them is no
guarantee that their rights will indeed be protected; As such, affirmative actions, including the creation of
an enabling social and legal environment and safety nets maybe necessary to render the laws more
effective
3. Effective implementation and monitoring have long been a problem. Every time government issues a
law/policy/rule/regulation, it has to provide how to effectively implement and also monitoring/feedback
mechanism so that results of the implementation can be measured.
4. Immediately and substantively address the weaknesses of the PDOS as already identified in different
research and public discussions as well as orientation/training programs/modules of POLOs, welfare
officers and other embassy/post personnel. Attention to gender content should be ensured. Ask the State
party if the PDOS curriculum is country-specific and job-specific.
5. Evaluate the operationalization of the gender focal point officer per post in terms of handling concerns
of women migrant workers57; Additonally, inquire form the State party on the usage by the posts and
other relevant DFA and DOLE agencies of their GAD budget that could be used to improve protection
measures for migrant domestic workers
55
56
57
Ibid, p.11.
Ibid, p.13.
Magna Carta of Women, RA9710, Section 37. 2008.
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