II.
Information relating to each of the articles of the Convention
A. General
Principles
Articles 7 and 83
12. Please provide information on the implementation of the Convention in the
Autonomous Region of Muslim Mindanao (ARMM) given that the ARMM has a
separate cabinet and a regional legislative assembly
37. State party laws apply to territories of the ARMM, a juridical entity of the Philippines.
Philippine national agencies, including those which pertains to human rights, labour and
migration, either have offices or operates in the ARMM53. The ARMM created its own
Regional Human Rights Committee in May 2012 as provided under the ARMM Charter.
38. The ARMM organic law recognizes labour as a primary social economic force for
development and affords full protection to labour, promotes full employment, and ensures
equal work opportunities regardless of sex, race or creed. It upholds and protects the
fundamental right of women and children, including the rights of women to engage in
lawful occupation.
13. Please provide information on the steps taken by the State party to ensure that the
exercise by migrant workers and members of their families of their rights under the
Convention is not subject to the principle of reciprocity, in particular by aligning
its domestic legislation with the Convention (CMW/C/PHL/CO/1, para. 24)
39. The Constitution of the State party has an incorporation clause where treaties entered
into by the State party are read into domestic laws.
40. There are proposals in Philippine Congress to remove the reciprocity provisions in the
exercise of the right to form or join unions by the migrant workers in the State party.
14. In light of paragraphs 26, 30 and 32 (b) of the Committee’s previous concluding
observations, please provide information on the measures taken by the State party
to:
(a) Strengthen its legal assistance to Filipino migrant workers
41. Legal assistance and mechanisms are available to OFWs at every stage of the migration
process – from pre-departure/pre-employment54, on-site55, to return and reintegration56.
53
POEA and the ARMM Regional Government (ARG), through a MOA signed in December 2003,
cooperated on a campaign against illegal recruitment in ARMM, trainings for ARMM officials and personnel,
technical assistance in illegal recruitment cases investigation, and provision of legal services to victims. In
September 2012, an MOU was entered into between and among DOLE, POEA, OWWA, CFO, the ARG and the
Province of Maguindanao on an information campaign against illegal recruitment, TIP and irregular migration. In
the implementation of the MOU, five (5) Pre-Employment Orientation Seminar (PEOS) sessions were conducted
in different municipalities of Maguindanao, with a total of 749 participants. 135 law enforcers and prosecutors
were trained on illegal recruitment and TIP. On the same month and year, the IACAT, in partnership with UNICEF,
assisted ARMM to come up with its own Strategic Plan of Action Against Trafficking In Persons. IACAT also trained
various officials of ARMM, including prosecutors, police officers and social workers on the identification of victims
of trafficking; referral system; investigation and prosecution of cases; and on the new law against TIP. The ARMM
Council Against Trafficking was set up.
54
For the year 2012, the POEA Legal Assistance Division (LAD) endorsed 148 cases of illegal recruitment
involving two hundred sixty three (263) complainants to the Prosecution Division (PD) for evaluation and
endorsement to the proper prosecution offices. From January to November 2013 alone, LAD received 166 cases
of illegal recruitment and related cases, involving 321 victims.
55
Filipino nationals overseas involved in criminal cases and legal disputes assisted through the ATN Unit of
Philippine embassies and consulates. For employment related cases, the Philippine Overseas Labor Offices (POLO)
provide counselling services and exhaust all available remedies to amicably settle all disputes and invites parties
to conciliation meetings/proceedings. When conciliation is not possible, filing of complaints through a labour
arbitration process in the host country is explored, where the worker is assisted at all stages of the proceedings.
The processes for case handling and management are clearly defined in the POLO Manual.
56
The POEA assists in filing administrative or criminal charges against recruitment agencies on return of OFWs
to the Philippines. Unpaid salaries and other money claims may also be pursued at the National Labor Relations
Commission (NLRC). Assistance of the police and prosecution offices on criminal cases are also provided. Many
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