“(4) Despite the expiration of the applicable mandatory period, the court,
without prejudice to such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case or matter submitted
thereto for determination, without further delay.”
5.
Include “age of caseloads” in the annual reports of the Supreme Court and of
the Court of Appeals, similar to what the NLRC is reporting regularly.
6.
Study the feasibility of establishing an online CHR-NGO platform for the
reporting and monitoring of OFW cases. OFWs can report via the online CHR-NGO platform
their individual cases, starting at the SEnA stage. The online CHR-NGO platform can then
monitor: (a) the progress of the case as it goes through the Labor Arbiter, NLRC, Court of
Appeals and Supreme Court; (b) the result of cases resolved through settlement either
through the SEnA process or through mediation/conciliation.
7.
OFW organizations and migrants rights advocacy groups should continue to
engage the NLRC and the Judiciary, the Supreme Court and the Court of Appeals in
particular, towards the adoption of policies and measures to strengthen institutional capacities
to absorb an expanding caseload and to promote the right to access to justice and the right to
speedy disposition of cases of OFWs.
8.
Conduct studies on how the judiciary can further augment its
institutional capacities for speedy disposition of cases. One of the key findings of this
study is that the NLRC has generally been efficient in the resolution of cases, and the
delays occur at the level of the Court of Appeals and Supreme Court. Considering
further that this study has established that OFW cases constitute less than 1% of the
annual caseload of the Supreme Court, the unreasonable length of time in resolving
OFW cases is symptomatic of the larger problem of court inefficiency that needs to be
addressed for the benefit of all.
4.2
Debt Bondage
Debt bondage remains one of the most prevalent forms of modern slavery in all
regions of the world despite being banned in international law and most domestic
jurisdictions.52
The report by the United Nations Special Rapporteur on Contemporary Forms of
Slavery to the Human Rights Council,53 drew attention to women migrant domestic workers
who are led into accepting a seemingly legitimate job offer but end up in slavery or in
domestic servitude, which is a slavery-like practice. This can result in debt bondage, which
occurs for instance where excessive recruitment fees are charged by agents.
52
53
United Nations Human Rights, Office of the High Commissioner, Geneva. “Debt bondage remains
the most prevalent form of forced labour worldwide – New UN report,” 15 September 2016.
https://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?LangID=E&NewsID=20504
Q&A with Urmila Bhoola, Special Rapporteur on Contemporary Forms of Slavery. Retrieved from
https://16dayscampaign.org/2019/02/08/qa-with-urmila-bhoola-special-rapporteur-oncontemporary-forms-of-slavery/
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