CMW/C/PHL/CO/3
women, who may have been subjected to legal processes without adequate legal defence and
interpretation services.
34.
The Committee recommends that the State party:
(a)
Make the proactive protection of migrant workers, particularly migrant
domestic workers, a priority concern for its foreign service posts in destination States;
(b)
Strengthen the welfare services and consular assistance provided to
migrant workers in destination States, including psychological counselling, legal
counselling, interpretation services, and adequate shelters for migrants in distress, and
ensure that such services and assistance are gender-responsive and accessible to all
migrant workers, including those who are undocumented;
(c)
Ensure that foreign service posts are adequately staffed and that staff are
properly trained in a human rights-based approach to dealing with all issues faced by
migrant workers, including trafficking and other forms of exploitation, violence and
abuse;
(d)
Ensure that staff at foreign service posts in States of employment act in
line with the Vienna Convention on Consular Relations, of 1963, and develop specific
policies that address prevention of and response to arbitrary detention and sexual and
gender-based violence.
Social security
35.
The Committee notes that the Social Security Act, Republic Act 11199 of 2018,
mandates the enrolment of all overseas Filipino workers in the State party’s social security
system. It is concerned about the hesitancy of migrant workers to enrol, due to low awareness
of its long-term benefits and the requirement to make continuous payments which may be
onerous on categories of overseas Filipino workers who are engaged in low-income
occupations.
36.
The Committee recommends that the State party:
(a)
Consider setting less onerous social security contribution requirements
for overseas Filipino workers engaged in low-income occupations;
(b)
In coordination with foreign service posts, inform overseas Filipino
workers and members of their families about the value of making long-term
contributions.
Birth registration and nationality
37.
The Committee notes the creation of on-site special consular missions in Sabah to
register the births of undocumented Filipinos. It is concerned, however, that challenges
persist in ensuring that overseas Filipino workers can register the birth of their children
abroad, particularly in the Gulf region, thereby putting these individuals at risk of
statelessness and depriving them of their rights.
38.
In line with joint general comments No. 3 and No. 4 (2017) of the Committee on
the Protection of the Rights of All Migrant Workers and Members of Their Families
and No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human
rights of children in the context of international migration, and in accordance with
target 16.9 of the Sustainable Development Goals, the Committee recommends that the
State party:
(a)
Consider innovative measures to achieve universal birth registration of
the children of overseas Filipino workers born abroad, paying special attention to those
residing in the Gulf region, including through digitized and mobile birth registration
and intensified awareness-raising among migrant workers and members of their
families;
(b)
Accelerate the issuance of personal identification documentation to
migrant workers in Sabah.
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