18. Pre-departure programmes for Filipino nationals Issues in the inconsistencies pertaining to the implementation and the content of the Pre-Departure Orientation Seminar (PDOS) and Pre – Employment Orientation Seminar (PEOS) have been raised with NGOs expressing concern that the State allows recruitment agencies to conduct PDOS, the contents of PDOS vary from one service provider to another and country-specific PDOS is available only in 3-4 countries. These raise doubts as to the ability of the PDOS to prepare prospective migrants for overseas employment109. Information as to available remedies in cases of violation is part and parcel of access to justice, thus the inclusion of the same in the PDOS will arm the migrant with important knowledge for their protection. In case of punitive laws, information regarding the same should be provided for prospective migrants so as to avoid a situation where they may be unwittingly committing acts which are penalized in the host countries. Recommendation The Commission agrees with the recommendations of NGOs on the review of the efficacy of current PDOS/PEOS modules and the implementation by different PDOS providers. Particularly, the standardization of PDOS and PEOS to ensure gender-sensitive and rightsbased approaches and the inclusion of country-specific legal remedies in cases of human rights violation or in cases of trafficking or violence against women. Clarity in the accreditation process for PDOS providers is requested and the exclusion recruitment agencies as PDOS providers should be stressed. It is likewise suggested that an orientation/ program be developed for family members left behind to help them cope with the migration process. 20. Right to join, form and to form part of the leadership of, associations and trade unions Pending in Congress, particularly at the House of Representatives Committee on Labor and Employment is House Bill 2543 which provides the recognition of the freedom of association of foreign workers. Recommendation The Commission seeks the Committee’s consideration of a concluding statement for Government to fully support the passage of this legislative proposal and other bills of similar import that would comply with the standards set by the Migrant Workers Convention as well as the ILO Convention 87. 22. Measures to prevent Irregular Migration Irregular and undocumented migrants face various forms of vulnerability110. They are less able to assert claims on their rights and subject to greater abuse by virtue of their lesser legitimacy111. With the continuous crackdowns on irregular migrants in Malaysia, the 447, 590 Filipinos in irregular situation are in danger of detention and/or deportation. In the case of detained Migrants in irregular situation in Malaysia, the 2011 study of Kassim112 shows the complex situation of Filipino migrants detained in Sabah. The detention centers reportedly have difficulty in determining nationalities of persons in their custody. Since many of the irregular migrants at the detention centers were born in Sabah but have no birth certificates to prove their nationalities, Malaysia would insist they are Filipinos while the Philippine authorities would insist otherwise. As a result, the Filipino migrants in irregular situation languish in the Malaysian temporary detention centers.113 The absence of a Philippines 109 Manila Consulation 110 The Commission on Filipinos Overseas (CFO) in its 2012 stock estimates reports the number of Filipino irregular migrants at 1,342,790 with the most number in Malaysia with 447, 590 irregular migrants, followed by the United States of America with 271,000 and the United Arab Emirates at 207, 230. 111 Southeast Asia National Human Rights Institutions Forum. Migrant Workers’ Human Rights Research. 2011. 112 Kassim, A. and Haji Mat Zin, R. (2011b). Policy on Irregular Migrants in Malaysia: An Analysis of its Implementation and effectiveness. Philippine Institute for Development Studies Discussion Paper Series No 2011-34. Retrieved from: http://dirp4.pids.gov.ph/ris/dps/pidsdps1134.pdf 113 Id. p. 88 109