complainants lamenting about their situation in the WPP that they not only were unable to
work, they have also lost their freedom.
Actions pertaining to sex for flight should not be forgotten and laid to rest on the basis
of charges having been filed against one Labor Attaché and women complainants placed
under the DOJ’s WPP. The State, being the primary duty bearer in the protection of the
rights of migrant workers and in ensuring non-discrimination in accordance with CEDAW
should exercise political will in pursuing the investigation and the prosecution of those
involved in the sex-for-flight issue. The women-survivors/complainants in the sex-for-flight
case are among the most vulnerable among migrant workers, they are migrant workers in
distress and as such, they were seeking the assistance of the State through the POLO. To be
victims of violence at the hands of public officials in such state of vulnerability is such an
outrage that nothing less than a full and thorough investigation on the issue, availing the
vast apparatus of the State, is expected.
Recommendation
9. Comprehensive
study on the
situation of
children of
migrant workers
Recommendations
11. Declarations
provided for in
articles 76 & 77
of the Convention
Recommendation
Steps undertaken by the State on the issue of sex-for –flight including the conduct of
legislative inquiry, the filing of administrative and criminal charges and the admission of
the women-survivors to the witness protection program are positive steps which facilitate
access to justice. Considering that the case remains pending, the same should be closely
monitored towards its conclusion. The Commission recommends the issuance of a
concluding statement from the Committee requesting information on the steps taken by
the State to ensure thorough investigation, prosecution and monitoring of cases related to
the ‘sex-for flight’ issue and measures undertaken to facilitate access to justice for the
women-complainants.
The State has not undertaken nor supported a comprehensive study on the situation of
children of migrant workers. Studies cited in the State report were independent undertakings
of NGOs/CSOs and academics. There are complaints from abandoned families of OFWs
unable to seek the support they are entitled by law, and these are reflected in the cases for
legal assistance sought with the Commission. On the reverse, women OFWs also express
concern on the management of resources/remittances, cases of infidelity and psychological
and physical abuse from their husbands105.
In order to provide a comprehensive and grounded response to the issues faced by children
of migrant workers, the State should undertake its own comprehensive study or support a
study to be undertaken by partner NGOs. The State should likewise develop a comprehensive
program for the protection and promotion of the rights of families and children of OFW.
On abandoned families and taking into account the difficulty faced by these families in
seeking support from OFW family members obliged under the law to provide support, it is
recommended that a concluding statement be issued requiring the State to provide
information on the efforts are undertaken to aid abandoned families in seeking support
from OFW family members. Additionally, it is recommended that the State be advised to
include in its programs and services for families left behind counselling and financial
literacy. Prior to deployment, family counselling should also be included to prepare the
OFW family members for migration, including financial management.
It is the view of the Commission that the State should agree to a communications procedure.
If it is to uphold its claim to be a global model in migration, the ratification of the
communications procedure is a demonstration of this assertion. The communications
procedure will also provide a broader access to justice by Filipino migrant workers, their
family members left behind as well as migrant workers that the Philippines hosts.
105
CHR list of Migrant Workers’ cases from Jannuary 2009-January 2014
107