14. Legal Assistance, Administrative and Judicial remedies, Complaints Mechanisms, Knowledge of laws and procedures of countries of employment Access to Justice. OFWs face difficulties in seeking effective legal remedies and in asserting their rights against their employers from lack of capacity and a wide range of disincentives they face106. They are already at a disadvantage as non-nationals of their host countries and this is exacerbated in instances where diplomatic posts where they seek assistance and protection are unable or unwilling to provide assistance, or are insensitive in the handling of their cases. The barriers of pursuing domestic claims with National Agencies like POEA, the NLRC or with the courts further adds to this difficulty. Recommendations The provisions then in RA 10022 on Free Legal Assistance, Free Entitlement Under the Witness Protection Program, as well as the assistance rendered through the ATNs and POLOs should not only be accounted for in terms of quantity and clients served but also on the quality of the service rendered. Evaluation and monitoring tools should be in place to measure the efficacy of services/assistance rendered. The 2011 SEANF research noted reports of Filipinos frequently being advised by Philippine Authorities to remain with their employers even under unjust, exploitative and abusive conditions and that if they run away and seek refuge, government officials are still more inclined to mediate amicably towards settlements returning OFWs to their employers instead of addressing OFWs core concerns107. Migrant women’s access to justice in VAW. Domestically, studies abound on how women’s access to justice in cases of violence is faced with challenges from discriminatory laws, ingrained gender stereotypes and discrimination, insensitivity of duty bearers from law enforcers, to prosecutors, to judges, instances of revictimization, trivialization of violence and even outright impunity. These challenges are multiplied when the violence against women happen and occur outside of the country’s jurisdiction. In the case of women domestic workers and in those in the service, entertainment industry, the challenges are even higher due to the nature of their work which exposes them to higher levels of violence. Recommendations Assistance provided by ATN and the POLO, the designation of Gender Focal Persons in Embassies and Consulates, and provision of legal fund are starting points that must be accompanied with training for front line service providers to render them sensitive to the plight of women migrants victims of violence. It requires training on the host country’s laws and legal processes. This will equip service providers adequate information to respond to the needs of OFWs, providing legal assistance and support services, with end of facilitating access to justice for women migrant victim-survivors of violence – not mere reconciliation or immediate repatriation. In view of the recent issues on ‘sex for flight’ and pursuant to the passage of the Magna Carta of Women (RA 9710), the conduct of a gender audit is recommended to evaluate current capacities of embassy and consular offices to address gender and violence against women issues. Migrant Workers in Death Row. There are thousands of Filipino workers stranded abroad and in difficult situations.108 Recent figures from the Department of Foreign Affairs reveal that as of July 2013, some 5, 932 Filipinos are currently serving sentence and/or have pending criminal or labor cases abroad. Of these, 83 overseas Filipinos face death penalty for various criminal offenses. In this regard, there is a need to inquire into the efforts undertaken by the State to render assistance to these specific groups of OFWs. Recommendation 108 A concluding statement from the Committee is earnestly requested to inquire into the efforts undertaken by the State to provide assistance to OFWs currently detained and/or serving sentence and those facing death penalty abroad. An inquiry should likewise be made into the programmes that the State has established and implemented for families of these OFWs. 106 Southeast Asia National Human Rights Institutions Forum. Migrant Workers’ Human Rights Research. 2011. 107 Id. 108 Southeast Asia National Human Rights Institutions Forum. Migrant Workers’ Human Rights Research. 2011.