output of this study will be recommendations to the Philippine government and non-state
actors on how to improve response to labor recruitment issues that encourage recruitment
reform. Specifically, this study aims to:
(a)
conduct a quantitative and qualitative analysis of the cases involving OFWs
decided by the Supreme Court for the five (5) year period 2015-2019 for the
purpose of identifying possible gaps or weak areas in migrant worker rights
protection and access to justice, if any, and to come up with the corresponding
policy recommendations to address the identified gaps or weak areas in
migrant worker rights protection and access to justice; and
(b)
analyze the migrant rights issues and problems confronted by OFWs as
described in the OFW cases decided by the Supreme Court, or as identified in
the baseline study on the rights of OFWs6 commissioned by the CHR and
other secondary sources, and to come up with the corresponding policy
recommendations.
2.3
Framework
The over-arching conceptual framework adopted in this report is the human and
migrant rights-based framework on migration issues.
Under this framework, OFWs are identified as holders of rights as enshrined in the
Philippine Constitution, as defined in existing laws and regulations, and as provided in
international treaties, conventions, and other international agreements. On the other hand, the
governments – referring to the Philippines and the governments of destination countries of
OFWs, the private recruitment agencies (“PRAs”) and other public and private entities that
perform a role in the overseas employment program are treated as duty bearers with the
obligation to protect and to promote the rights and welfare of the OFWs.
The OFW cases decided by the Supreme Court from 2015-2019 were analysed in
order to identify and to determine, based on the facts and legal issues involved in the cases,
whether or not the OFW rights and obligations involved in these cases are already sufficiently
protected under existing laws, rules and regulations or whether or not there are gaps or
weaknesses in the existing laws and regulations or in the implementation of such laws and
policies that may contribute, directly or indirectly, towards the violation of the rights of
OFWs.
Existing laws, rules, and regulations relevant to, or affecting, the human and migrants’
rights issues confronted by OFWs are analyzed in order to identify policy gaps and
weaknesses in implementation, as well as to determine if said laws, rules and regulations are
compliant with international laws, treaties, conventions and other international agreement to
which the Philippines is a party.
6
Blas F. Ople Policy Center and Training Institute, “Baseline Study on the Rights of Filipino Migrant
Workers (Overseas Filipino Workers) Towards a Human Rights Observatory for Migrant Workers”
(2020)
5