The CHR is also tasked to monitor Philippine government compliance with international human rights treaties
and instruments to which the Philippines is a state party. This includes, but is not limited to, the actions taken
by the Government, the manner and/or means of implementation or application of human rights related laws
principles, norms, and standards, in relation to the State obligations to respect, protect, and fulfill the human
rights of all persons within the Philippines, as well as Filipinos residing abroad.
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Relevant Human
Rights Instruments and International Obligations
The Philippines, as a member of the International Labor Organization (ILO), is covered by the following core
labor standards under the Declaration on the Fundamental Rights at Work:
1. Freedom of association and right to collective bargaining;
2. The elimination of all forms of forced and compulsory labor;
3.
The effective abolition of forced labor; and
4.
The elimination of discrimination in respect to employment and occupation.
The Philippines also signed the International Convention on the Protection of all Migrant Workers and Members
of Their Families. The Migrant Workers Convention guarantees fundamental rights and standards for protection
for migrant workers regardless of status, race, creed, religion, gender, etc. It guarantees equality of treatment
sat
standards established through ILO Conventions, CEDAW, and Convention against Discrimination
in
Education.
The Philippines is also obligated by the Optional Protocol to Suppress, Prevent, and Punish Trafficking in
Persons, especially women and children (Palermo Protocol). The Protocol defines the crime of trafficking in
persons and encourages member states to enact measures to provide legal protection and mandatory services
to trafficked persons.
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National Laws and Regulations
This protocol shall be informed by the following Philippine Laws:
1.
3.
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Republic Act 8042 as amended by Republic Act 10022 or the Migrant Workers Act;
Republic Act 9208 as amended by Republic Act 10364 or the Expanded Anti-Trafficking in
Persons Act; and
Rules and regulations of implementing agencies.
The Migrants Rights Observatory:
CHR Areas of Inquiry on the Rights of Migrants, OFWs and
Members
of their Families
The CHR is duty-bound to respond to and/or cause the response to cases brought to its attention.
monitoring function, it will focus on gathering information on the following indicators:
1.
2.
3.
4.
5.
Structural Indicator: Bilateral and other forms of agreements between the Philippines
and countries of employment/destination that guarantee decent work and access to
justice for OF Ws;
Process Indicator: Functioning mechanisms that monitor adherence to and compliance
by both parties;
Process Indicator: Response time by Philippine authorities in responding to reports of
rights violations;
Outcome Indicator: Number of women and children who are provided with rescue and
repatriation services by the government;
Outcome Indicator: Number of successful prosecution and/or labor claims in both the
Philippines and countries of destination; and
6.
3
Outcome Indicator: Number of OFWs and families who have availed of livelihood, education,
or training programs for their reintegration.
Article 13, Section 18 (3 and 7), 1987 Philippine Constitution.
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