CMW/C/PHL/CO/3
and resources to sustainably increase opportunities to engage overseas Filipino workers in
the State party’s electoral processes.
44.
The Committee recommends that the State party provide the Commission on
Elections Office for Overseas Voting with the legal mandate and adequate resources to
operationalize an online election system and facilitate the access of overseas Filipino
workers to this system.
Work permits and residency
45.
The Committee recalls its previous recommendation15 and recommends that the
State party establish in law the guarantee that migrant workers who lose their
employment have sufficient time to seek legal remedies against the termination of their
employment and/or alternative employment and are not subject to expulsion during
that time.
5.
Provisions applicable to particular categories of migrant workers and members of
their families (arts. 57–63)
Frontier and seasonal workers
46.
The Committee is concerned that the Department of Migrant Workers does not retain
oversight over seasonal worker agreements concluded between local governments in the
State party with their counterparts in destination countries.
47.
The Committee recommends that the State party ensure that all international
labour agreements are scrutinized and monitored by the Department of Migrant
Workers to ensure compliance with the Convention, including the memorandum of
understanding concluded directly between local governments in the Philippines and
their counterparts in the Republic of Korea under the seasonal worker programme to
deploy Filipino workers to the Republic of Korea in agriculture or fisheries.
6.
Promotion of sound, equitable, humane and lawful conditions in connection with the
international migration of workers and members of their families (arts. 64–71)
International cooperation with countries of transit and destination
48.
The Committee notes with appreciation the numerous bilateral agreements that the
State party has concluded with destination countries engaging overseas Filipino workers,
with a view to protecting their rights under the Convention. It regrets the absence of
systemized monitoring, evaluation and reporting mechanisms on the effectiveness of such
agreements in protecting all migrant workers’ rights.
49.
The Committee recommends that the State party:
(a)
Review all bilateral agreements to ensure that they are gender-responsive
and non-discriminatory and that they protect the human rights of migrant workers in
accordance with the Convention;
(b)
Establish mechanisms to systematically monitor, evaluate and report on
the implementation of its bilateral agreements to ensure that the rights of migrant
workers under the Convention are upheld.
Recruitment agencies
50.
The Committee takes note of the information provided on the regulatory framework
and the licensing system for private employment agencies operating in the State party,
including the Philippine Overseas Employment Administration Rules and Regulations (2016)
attributing liability to the agencies for contract irregularities and enshrining respect for the
labour and social legislation of both the Philippines and the country of destination. It is,
however, concerned that private recruitment agencies continue to charge excessive placement
15
10
Ibid., para. 29.
GE.23-08778