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The Human Rights of
Migrant Workers
A Summary Report on the Human Trafficking Elements of the Findings
and Recommendations of the Special Rapporteur on the Human Rights
of Migrants Introduction
Summary of the Report of the Visit of the Special Rapporteur
to The Philippines "According to the Commission on Filipinos Overseas (CFO), 65 percent of the victims were women and 25 percent of them were forced into prostitution; 51 percent of the victims were trafficked with their consent/knowledge while 47 percent were deceived." Almost all Philippine embassies and consulates worldwide have recorded instances of trafficking for forced prostitution, illegal labour and the bride trade. Women who travel with false papers and illegal documents provided to them by illegal recruiters are particularly vulnerable to trafficking. The Philippine Centre for Trans-national Crime (PCTC) recorded 881 cases in the period 1992-March 2001. According to the Commission on Filipinos Overseas (CFO), 65 percent of the victims were women and 25 percent of them were forced into prostitution; 51 percent of the victims were trafficked with their consent/knowledge while 47 percent were deceived. The Government repatriated 38 percent. The Special Rapporteur was informed that illegal recruiters, organized crime groups, including those involved in narcotics and arms smuggling, local pimps and procurers, entertainment promoters and impresarios were the traffickers. "...there is no national legislation on the crime of trafficking." The Philippines has ratified the United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the Convention. However, there is no national legislation on the crime of trafficking. At the time of the visit of the Special Rapporteur, there was a bill before the joint Senate Committees on Youth and on Women and Family on an Anti-Trafficking Act that had already been approved by the House of Representatives. " ...women migrants are particularly vulnerable to trafficking and smuggling" The Special Rapporteur noted with concern that women migrants are particularly vulnerable to trafficking and smuggling. The lack of information on national legislation on migration and on the conditions of work in countries abroad, the lack of awareness of the risks of irregular migration, the difficult economic conditions, the existence of a network of unscrupulous illegal recruiters, the high demand for sex workers and widespread impunity are all factors that increase the vulnerability of Filipino migrant women to victimization by trafficking and smuggling criminal networks. The Special Rapporteur learned that bilateral and multilateral agreements are being sought so that victims of human trafficking and smuggling are not treated as offenders. A high-level governmental Working Group on Human Trafficking was established to develop a national strategy against trafficking and smuggling of persons. Other interesting programmes and projects brought to the attention of the Special Rapporteur were the Philippines-Belgium project on trafficking which aims to educate and train the public in preventive actions and provide social and legal assistance to victims. The Special Rapporteur visited PCTC and was informed that the Centre has the task of formulating and implementing a concerted programme of action for all law enforcement, intelligence and other government agencies for the prevention and control of, among other things, trafficking in women and children, particularly through improved coordination, research and the collection and centralization of data. Recommendations (a) The Government continue negotiating with receiving countries in order to conclude agreements and devise policies for the revision of immigration policies and the regularization of immigrants where there is a strong demand; the repealing of legislation that discriminates against Overseas Filipino Workers (OFWs) and their inclusion in national labour and social legislation; the protection and non-criminalization of trafficked Filipino women and children; the extradition of traffickers/recruiters when cases have been filed against them in Philippine courts; and the identification of measures to combat the phenomenon of mail-order brides; (b) Action to combat illegal recruitment, trafficking and smuggling be strengthened, including by strengthening the licensing system for recruiting agencies; undertaking regular inspections to Pre-departure orientation seminars (PDOs); ensuring that passports are not forged by asking workers to obtain them directly from the Department of Foreign Affairs (DFAs); enabling OFWs to report contract substitutions or alterations by providing adequate information and legal assistance abroad; establishing sanctions for violations of the full-disclosure policy; creating special courts to deal with cases of illegal recruitment; providing judicial organs in charge of prosecution with the necessary resources; strengthening the information and data system on migration; strengthening community-based organizations and activities to detect, report and monitor cases of trafficking and smuggling; and strengthening the certification procedure for entertainers and tightening controls for the provision of entertainers’ visas; (c) A law on trafficking and smuggling and the absentee voting bill be enacted promptly; and, (d) Foreigners detained in the Philippines pending deportation be given adequate access to courts and lawyers and their cases reviewed by competent authorities without undue delay, and steps taken to ensure that victims of trafficking to the Philippines are not criminalized.
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