The Philippines’ COVID-19 socio-economic response and recovery plan 26. On 11 September 2020, the President signed into law RA 11494, the “Bayanihan to Recover as One” Act,47 which provides for responses, interventions, and mechanisms to accelerate the recovery of the Philippine economy. RA 11494 provides for a P165.5 billion fund for pandemic response and recovery. It also provides capital infusion to government banks to allow them to extend more loans, especially to small firms, assistance to businesses critically affected by the pandemic, and assistance to the tourism industry, among others. 27. The President also certified as urgent Senate Bill 2234,48 which proposes to create the Department of Migrant Workers and Overseas Filipinos and aims to provide a whole-of-government approach to protect the rights and promote the welfare and interest of overseas Filipinos. The proposed legislation provides reintegration programs for Filipino migrant workers.49 28. The Commission commends the efforts of government agencies directly involved in the assistance and repatriation of OFWs affected by the pandemic. DOLE, OWWA, DFA, embassies, consulates, and Philippine Overseas Labor Office (POLO) are among the frontline agencies in this regard. Nevertheless, the Commission and stakeholders consulted in 2020 note the lack of consolidated data and statistics from government agencies on the programs and results of the implementation of existing services. Such a gap poses a challenge in assessing the impact of government initiatives during the pandemic, and if certain groups of migrant workers and members of their families are included in the efforts, disaggregated by age, gender, income, location, and other relevant demographics. 29. The Commission requests the Special Rapporteur for the human rights of migrants to urge the Philippine government: a. To ensure that OFWs and members of their families have full access to health care systems, essential goods and services, cash grants or financial assistance, mental health and psycho-social support services, and livelihood opportunities. All migrants should be duly informed of all the government support services available, and must be guided on how to avail of such services. Government programs should also be gender-responsive and inclusive. b. To take the necessary steps to address the concerns faced by repatriated OFWs, particularly improper compensation, non-payment of wages, and job loss. Compensation funds must be set up at the national level, and contributions to the funds could be ensured by the government, private contributions, business, and philanthropic foundations. Funds advanced by the government could be later recouped from employers and businesses responsible for compensation and non-payment of wages. This approach would ensure that migrant workers are paid their dues without delay, and that their cases are resolved swiftly. c. Measures at the national level that have addressed claims related to compensation and non-payment of wages need to be intensified and infused with greater political will. These include waiving court fees, putting in place wage protection systems, ramping up documentation in cooperation with embassies and consulates, allowing for remote testimony post-repatriation, providing legal aid, and encouraging workers to come forward to record their labor grievances. d. Recalling the 2014 concluding observations of the UN Committee on Migrant Workers (CMW), implement the Shared Government Information System on Migration as stated in the Migrant Workers Act. This information system would not only be useful for enhancing collaboration among government agencies, embassies, and consulates during emergency situations, but it would also improve coordination with stakeholders such as civil society, the Commission, and migrant workers and members of their families themselves in the long term, and provide regular and systematic updates and evaluation of programs, services, and policies. See the full text of RA 11494 here: https://www.officialgazette.gov.ph/downloads/2020/09sep/20200911-RA-11494-RRD.pdf See the full text of Senate Bill 2234 here: https://legacy.senate.gov.ph/lisdata/3506231903!.pdf 49 ABS-CBN News, “Duterte certifies as urgent proposed law creating OFW department,” 31 May 2021, available at https://news.abs-cbn.com/news/05/31/21/dutertecertifies-as-urgent-proposed-law-creating-ofw-department (Last accessed: 22 June 2021). 47 48