Chapter 7: CMW Chapter

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Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families
1
Convention on the Protection of the
Rights of All Migrant Workers and
Members of their Families (CMW)
Introduction
The Philippines is a signatory to the Convention on the
Protection of the Rights of All Migrant Workers and Members of
Their Families (CMW). The CMW was adopted by the UN General
Assembly on December 18, 1990 and took effect on July 01, 2003.
Most of the countries that ratified the CMW are primarily countries
of origin of migrants which include the Philippines. The Philippines,
like other signatories, was prompted to ratify the CMW in order to
protect its migrant workers and their families as a response to a
“culture of migration” characterized by millions of Filipinos eager to
work abroad despite the risks of labor migration. The protection of
migrant workers and their families is one of the priorities of the
government cognizant of their contribution to the economy.
Acknowledging the social cost of migration of Filipino
workers to their immediate families and to the society as a whole,
the government has developed over time a comprehensive
migration management program for the protection of its overseas
Filipino workers.
To date, the country enjoys the status of having one of
the most developed overseas employment programs in the world
and is recognized by the international community as a model in
migration management among labor sending countries in Asia.
Consistent with the standards provided under the CMW,
the Philippines adopted measures at the national, bilateral, and
multilateral levels. This would include national legislation,
cooperative, and diplomatic initiatives in furtherance of the
implementation of the CMW1. As a legislative measure, the
Philippines in 1995 enacted Republic Act (R.A.) 8042 or the
“Migrant Workers Act” which aims to establish a higher standard of
protection and promotion of the welfare of migrant workers and
their families and overseas Filipinos in distress. RA 8042 was
amended in the year 2009 by Republic Act 10022 to further
improve the standard of protection and promotion of the welfare of
migrant workers and their families. The Omnibus Implementing
Rules and Regulations of R.A. 8042 and R.A. 10022 followed and
took effect in 2010.
1
Article 84 of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families

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True to the ideals of the CMW, the Philippines as a
cooperative measure, actively calls on other countries to accede to
the same by hosting several conferences designed to advance
human rights in the ASEAN Region. In October 2008, the Philippines
hosted the Second Global Forum on Migration and Development
(GFMD) with the theme: “Protecting and Empowering Migrants for
Development.” The forum was attended by 163 member-states
including states of origin, transit and destination of migrant
workers. Observers from the United Nations and thirty-three
international organizations also attended.
As a run-off to the GFMD, the Philippines hosted the
International Conference on Gender, Migration, and Development
(ICGMD) participated by 439 individuals from 36 countries in five
continents, with representations from the governments, trade
unions, employers’ organizations, private sector, civil society,
religious organizations, academe, and international organizations.
The ICGMD, with the theme: “Seizing Opportunities, Upholding
Rights,” aimed to: (1) facilitate the exchange of knowledge and best
practices in the promotion of opportunities and gender equality for
women migrants, enhancing their contribution to development and
upholding their rights and those of their families; and (2) infuse a
gender perspective and rights-based approach to policies,
programs, and services on migration.
This chapter aims to address specific priority rights
under the CMW which are guaranteed to every migrant worker and
his/her family, such as:
 Principle of equality of treatment;
 Measures regarding the orderly return to the state of
origin;
 Resettlement and cultural reintegration;
 Right to legal and consular assistance;
 Right to receive urgent medical care;
 Right to social security, and;
 Right to life.
In particular, the following are the main objectives of the
CMW chapter of the PHRP II:
Thematic Objective 1: To implement continuing
information dissemination program on the rights of
migrant workers and members of their families by the
concerned government agencies and authorities both at
the national and local levels;
Thematic Objective 2: To sustain advocacy for bilateral
agreements, memoranda of understanding, and other
similar instruments, especially with those countries of

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destination where discriminatory treatment and abuse
are more frequent;
Thematic Objective 3: To provide adequate consular
services, welfare assistance and other available legal
remedies in the host countries and in the Philippines;
Thematic Objective 4: To provide urgent medical
assistance to migrant workers in the countries of
destination;
Thematic Objective 5: To provide social security to
migrant workers in their State of employment with the
same treatment granted to the nationals of the receiving
country;
Thematic Objective 6: To implement a comprehensive
program for the return, resettlement, and cultural
reintegration of migrant workers and members of their
families; and
Thematic Objective 7: To develop adequate measures for
the protection and welfare of the children of migrant
workers.

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SECTION 1
Strategic Treaty Indicators
Thematic Objective 1: To implement continuing information
dissemination program on the rights of migrant workers and
members of their families by the concerned government
agencies and authorities both at the national and local levels.
The indicator for this objective shall be the percentage of
areas covered by information dissemination by region.
The 2nd Philippine Human Rights Plan (PHRP II) focuses on
instituting a coordinated information dissemination regarding the
rights of migrant workers and members of their families by the
concerned government agencies and authorities, both at the national
and local level. It will assist in: (1) strengthening the existing Pre-
Departure Orientation Seminars/ Programs; and (2) establishing and
enhancing an integrated policy on information system across these
concerned agencies that will eventually result in empowering the
migrant workers and increasing the number of clients served.
Likewise, the CMW chapter of the PHRP II shall focus on
strengthening the conduct of Pre-Employment Orientation Seminars
(PEOS) and Anti-Illegal Recruitment and Trafficking in Persons
Campaign Seminars (AIRTIPS). These seminars shall extend to innocent
jobseekers and to graduating students to inform them on how to apply
for work overseas, legal modes of hiring including documentary
requirements, modus operandi of illegal recruiters, and human
traffickers and available recourse or remedies for overseas workers.
The accountable agencies for this indicator are the
Department of Foreign Affairs (DFA) and the Department of Labor and
Employment (DOLE). These agencies shall be tasked to develop and
establish a coordinated information dissemination program to promote
the rights of migrant workers embedded under the CMW and for the
empowerment of these sectors. Also, the DFA shall monitor the
implementation of a shared government information system for
migration.
An interagency committee composed of the Department
of Foreign Affairs (DFA) and its attached agency, the Commission on
Filipinos Overseas (CFO), the Department of Labor and Employment
(DOLE) and its attached concerned agencies, the Department of
Tourism (DOT), the Department of Justice (DOJ), the Bureau of
Immigration (BI), the National Bureau of Investigation (NBI), the
Department of the Interior and Local Government (DILG), the
National Telecommunications Commission (NTC), the Commission
on Information and Communication Technology (CICT), the
National Computer Center (NCC), the National Statistics Office

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(NSO) and other government agencies concerned with overseas
employment shall be established to implement a shared
government information system for migration. The inter-agency
committee shall initially make available to itself the information
contained in existing data bases/ files. The second phase shall
involve linkaging of computer facilities in order to allow free-flow
data exchanges and sharing among concerned agencies (Section 20
of Republic Act 8042, as amended by Republic Act 10022).
agreements, memoranda of understanding, and other similar
instruments, especially with those countries of destination
where discriminatory treatment and abuse are more frequent.
The indicator for this thematic objective shall be the
increase in the number of bilateral agreements entered into by the
government for the protection of overseas Filipino workers.
The advocacy for bilateral agreements with countries
where discriminatory treatment and abuse are more frequent, shall
be prioritized in line with the policy of the Government to deploy
overseas Filipino workers only in countries where their rights are
protected.
Executive Order No. 292, otherwise known as the
Administrative Code of 1987, provides that the Department of
Foreign Affairs (DFA) shall be the lead agency that shall advise and
assist the President in planning, organizing, directing, coordinating
and evaluating the total effort in the field of foreign relations. It shall
negotiate treaties and other agreements, pursuant to the
instructions of the President, and in coordination with other
government agencies. As the accountable agency, it will ensure full
enforcement of these bilateral agreements to achieve full promotion
and protection of the fundamental human rights of migrant workers
and members of their families.
Thematic Objective 3: To provide adequate consular services,
welfare assistance and other available legal remedies in the
host countries and in the Philippines.
The indicators for this thematic objective are:
(1) Increased number of assisted Overseas Filipino
Workers (OFWs) in varying difficult circumstances (e.g.
consular, welfare and legal services);
(2) Ratio of regular/documented OFWs to the
number of Philippine Overseas Labor Offices (POLO)
personnel;

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(3) Ratio of irregular/undocumented workers to
number of personnel under the Office of the
Undersecretary for Migrant Workers Affairs (OUMWA).
Considering the risks involved while working abroad –
i.e., being subjected to discriminatory and torturous acts, the CMW
chapter of the PHRP II aims to provide effective and available
remedies for aggrieved migrant workers while in the host countries.
It aims to afford sufficient consular services/POLOs, with adequate
personnel to attend to the needs of migrant workers and members
of their families. This is likewise in consonance with the endeavor of
increasing the number of assistance, as well as those persons
assisted, while in the receiving country. Lawyers from the POEA
may also be deployed to consular offices especially in host countries
employing “vulnerable” workers (i.e. household service workers,
laborers, fishermen) for the purpose of investigation/case build up
or taking of statements, in case the workers opt to avail legal
recourse in the Philippines and for the purpose of training consular
personnel in the skill of taking and preparing statements, while
being gender-sensitive.
The DFA and the DOLE-POLOs, as the accountable
agencies, shall intensify their effort in providing adequate remedies
to migrant workers and members of their families. They shall
likewise have a coordinated monitoring system as to the
implementation of the CMW-PHRP II, actions, and programs relative
to the assistance provided to migrant workers and members of their
families under their respective mandates.
Thematic Objective 4: To provide urgent medical assistance to
migrant workers in the countries of destination.
amendment of the Migrant Worker’s Act (RA 8042) and other
related legislations.
The CMW chapter of the PHRP II shall showcase the
amendment of the Migrant Worker’s Act (RA 8042), and other
related legislations in order to address the medical needs of migrant
workers such as, but not limited to, expansion of PhilHealth
coverage, providing mandatory membership of migrant workers to
SSS, and increasing the budget of POLOs for the medical needs of the
migrant workers. Such amendments to existing legislations shall
also be made consistent with the provisions of the CMW.
The Congress of the Philippines, as the identified accountable
agency, shall ensure introduction and/or passage of legislation that will
meet the medical needs of migrant workers and members of their
families, and such other matters pertaining to these sectors which are in
line with the CMW.

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Thematic Objective 5: To provide social security to migrant
workers in their State of employment with the same treatment
granted to the nationals of the receiving country.
increased number of bilateral social security agreements with other
countries.
The CMW chapter of the PHRP II shall likewise deal with
providing social security benefits to migrant workers in their state
of employment with the same treatment granted to the nationals of
the receiving country. It will seek to increase the number of bilateral
social security agreements with other countries which explicitly
covers said benefits. In the same manner, enrolment of these
benefits by migrant workers in our country shall likewise be
expanded to increase the number of migrant workers covered by
the social security system.
The Social Security System (SSS), as the accountable
agency and consistent with its mandate to provide social security
protection to all residents of the Philippines, citizens and non-
citizens alike, shall intensify its efforts to forge several bilateral
social security agreements with receiving countries to cover most of
the migrant workers, who are permanent residents abroad. It shall
likewise closely coordinate with other government agencies
concerned with the welfare of migrant workers, such as OWWA and
other regional offices, to ensure nationwide availment of social
security benefits particularly to migrant workers.
OWWA, as the lead government agency tasked to protect
and promote the welfare and well-being of Overseas Filipino
Workers (OFWs) and their dependents, shall continue to formulate
and implement welfare programs for overseas Filipino workers and
their families in all phases of overseas employment. It shall also
ensure the awareness by the OFWs and their families of these
programs and other related governmental programs.
Thematic Objective 6: To implement a comprehensive program
for the return, resettlement, and cultural reintegration of
migrant workers and members of their families.
increased number of OFWs in the National Reintegration Program.
As part of the so-called “labor migration cycle,” the CMW
chapter of the PHRP II shall likewise cover programs for the return,
resettlement, and cultural reintegration of migrant workers and
members of their families.

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The National Reintegration Program promotes the
delivery of responsive, productive and sustainable reintegration
services to OFW returnees that will enable them to maximize the
gains of overseas employment, mitigate the social costs of migration
and cushion the impact of forced repatriation due to unexpected
events.
The reintegration program was institutionalized in 1995
with the creation of the Re-Placement and Monitoring Center
(RPMC) pursuant to R.A. 8042 and with the establishment of the
National Reintegration Center for OFWs (NRCO) under the
Department of Labor pursuant to R.A. 10022, which was signed into
law on 8 March 2010 and took effect on 9 May 2010, and its
Implementing Rules and Regulations, which took effect on 14
August 2010.
Pursuant to Section 14, Rule X of the Omnibus Rules
Implementing Republic Act 8042, as amended by Republic Act
10022, the National Reintegration Center for OFWs (NRCO) was
created in the Department of Labor and Employment (DOLE) for
returning Filipino migrant workers, which shall provide the
mechanism of their reintegration into Philippine society, serve as a
promotion house for their local employment, and tap their skills and
potentials for national development.
The NRCO shall, in coordination with appropriate
government and non-government agencies, serve as a One-Stop
Center that shall address the multi-faceted needs of OFW returnees
and their families. For this purpose, TESDA, the Technology
Resource Center (TRC), and other government agencies involved in
training and livelihood development shall give priority to household
service workers and entertainers. The NRCO shall be attached to the
Office of the Administrator of OWWA for supervision and policy
guidance.
The NRCO shall undertake the following:
(1) Develop and support programs and projects for
livelihood, entrepreneurship, savings, investments and
financial literacy for returning Filipino migrant workers
and their families in coordination with relevant
stakeholders, service providers and international
organizations;
(2) Coordinate with appropriate stakeholders, service
providers and relevant international organizations for the
promotion, development and the full utilization of overseas
Filipino worker returnees and their potentials;

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(3) Institute, in cooperation with other government
agencies concerned, a computer-based information system
on returning Filipino migrant workers which shall be
accessible to all local recruitment agencies and employers,
both public and private;
(4) Provide a periodic study and assessment of job
opportunities for returning Filipino migrant workers;
(5) Develop and implement other appropriate programs
to promote the welfare of returning Filipino migrant
workers;
(6) Maintain an internet-based communication system
for on-line registration of returning OFWs and interaction
with clients, and maintain and upgrade computer-based
service capabilities of the NRCO;
(7) Develop capacity-building programs for returning
overseas Filipino workers and their families,
implementers, service providers, and stakeholders;
(8) Conduct research for policy recommendations and
program development; and
(9) Undertake other programs and activities as may be
determined by the Secretary of Labor and Employment.”2
Moreover, the DOLE, OWWA, TESDA, and POEA shall
formulate a program that would motivate migrant workers to plan
for productive options such as entry into highly technical jobs or
undertakings, livelihood and entrepreneurial development, better
wage employment, and investment of savings.3
Thematic Objective 7: To develop adequate measures for the
protection and welfare of the children of migrant workers.
increased number of assisted children of migrant workers in
varying circumstances.
The CMW is not just confined to the promotion and
protection of the rights of migrant workers, it is also concerned with
the rights of the children of these workers. Thus, the PHRP II shall
develop adequate promotion and protection of the fundamental
rights of these children and focus on increasing programs that
concern them.
2
Section 15, Rule X, Omnibus Rules and Regulations Implementing R.A. 8042, as amended by R.A. 10022.
3 Ibid.

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The OWWA, as the accountable agency, shall adopt
appropriate measures geared towards expanding existing programs
availed of by the children of migrant workers and to undertake such
other mechanisms to protect their rights and maintain the support
given to them by their parents. These programs are tied-up with
DSWD programs for the promotion of the rights and welfare of
children of migrant workers.

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SECTION 2
Thematic Baseline and Situationer
The incidence of migration of Filipinos to other countries
is primarily brought about by the fact that our country has an
unemployment rate of 7.6 percent and underemployment of 7.034
million as of July 2009. About 3,000 Filipino workers are deployed
overseas daily and they can be found in about 190 countries and
50,000 ocean-going vessels. As of December 2007, the stock
estimate of overseas Filipinos was 8.73 million, categorized as
follows: (1) 4.13 million overseas Filipino workers or migrant
workers with temporary residences abroad; (2) 3.69 million
permanent residents; and (3) 0.90 million Filipinos abroad in an
irregular situation or those who are undocumented.
The challenge faced by the Philippine government is how
to effectively manage the process of labor migration which has
become inevitable for many Filipinos intending to seek greener
pastures overseas. The labor migration management of the
government is primarily to support the Filipinos’ choice and
freedom to migrate and to ensure that they receive adequate
welfare promotion and protection. Thus, several legislations,
executive orders, and other rules and guidelines have been issued
by the government along this line.
Thematic Objective 1
Information dissemination is an effective tool to increase
people's awareness on their basic rights and inform them on how to
address any violation on these rights. However, as frequent
violations of the rights of migrant workers and members of their
families still occur, the government needs to act accordingly and
consider this preventive approach.
Rampant violations of migrant workers’ (MWs) rights
and even the rights of the members of their families are being
recorded every year. According to Migrante-Middle East, it receives
at least 15 complaints and requests for assistance daily. The
complaints involve arbitrary changes in work contracts, exorbitant
application fees, maltreatment, and sexual abuse, among others.
This is aside from the complaints filed by families of OFWs as well
as applicants.
Philippine embassies in many countries as well as the
Philippine Overseas Labor and Welfare Offices, also receive many
complaints. For example, the Philippine embassy in Kuwait received
an estimated 10,000 requests for assistance by Filipinos from
January to June 2007 or an average of 123 cases daily. Among the
problems referred were requests to locate OFWs for repatriation to

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the Philippines, financial support, police clearances, and
repatriation of bodies of deceased OFWs.
With such a situation, the popularity in our country of the
CMW is still in question. This fact was affirmed by the Committee on
the Protection of the Rights of All Migrant Workers and Members of
Their Families (CPRMW) in its concluding observation in 2009. It
noted that while information and education materials on the CMW
have already been developed by the Philippines as well as by NGOs,
the target groups remained uninformed and unclear as to how the
dissemination of the CMW was carried out.
Some of the programs conducted by the government to
disseminate and promote of the rights of migrant workers and
members of their families are:
(1) The Philippine Judicial Academy (PHILJA), a
component unit of the Supreme Court of the Philippines,
is mandated by law to serve as a training school for
justices, judges, court personnel, lawyers, and aspirants
to judicial posts. As such, concerns regarding the
protection of migrant workers and members of their
families are being included on the discussions/ lectures
in various PHILJA seminars conferences, trainings, and
other activities;
(2) The POEA, as part of its preventive approach to
combat illegal recruitment, has been conducting
dissemination of information and educational materials
nationwide. As a result thereof, there are a total of 138
cities/municipalities that forged a memorandum of
understanding on illegal recruitment-free local
government units as of 31 December 2008; and
(3) The OWWA has been conducting Pre-Departure
Orientation Programs (PDOP) through its accredited
PDOP providers in order to prepare the would-be
migrant workers for situations that they may encounter
in the receiving countries as a means for easier
environment and cultural adaptability.
Also, as a matter of international policy, the Philippine
government cannot easily intervene with the receiving countries’
affairs. However, the government affirms that migrant workers are
first and foremost workers, and are thus entitled to rights
guaranteed to all workers wherever they may be.

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These guarantees should be ensured at any point of
migration, from sending, transient, to receiving countries.
Pursuant to this principle, the government has pushed to
further protect migrant workers through interventions to lessen
risks and vulnerabilities such as human trafficking, disregard for
work conditions set forth in contracts, non-payment of wages,
maltreatment as well as gender-based violence and faith-based
discrimination.
An intervention adopted in this regard is the
government’s continuous effort to have bilateral agreements with
the receiving countries, which is pursuant to the State’s policy to
deploy overseas Filipino workers only in countries where the rights
of Filipino migrant workers are protected. As of May 2011, sixteen
(16) Bilateral Labor Agreements (BLAs) concerning Filipino
Overseas Landbased Workers are in effect between the Philippine
government and the government of the following countries: (1)
Bahrain (04 April 2007, February 23, 2004); (2) Canada-Manitoba
(September 21, 2010); (3) Canada-Saskatchewan (December 18,
2006); (4) Indonesia (June 12, 2003); (5) Japan (January 12, 2009);
(6) Korea (October 13, 2009, October 13, 2009); (7) New Zealand
(June 18, 2009); (8) Qatar (May 5, 1981, March 4, 1999, October 18,
2008); (9) Saudi Arabia (September 1, 2006); (10) Switzerland
(June 10, 2003); (11) Taiwan (March 30, 2006), and (12) UAE
(April 9, 2007).
There are two Memorandum of Understanding (MOUs)
pending negotiation for renewal with Alberta, Canada and British
Colombia, Canada, while there are seven MOUs that are pending for
ratification with CNMI, Jordan, Laos, Libya, Spain and United
Kingdom.
As of 11 November 2011, the Philippines has nine (9)
pending BLAs with Brazil, Brunei, Italy, Netherlands, Norway,
Russia, Seychelles, South Africa, and United Arab Emirates. On the
other hand, there were two BLAs signed with Jordan on January 29,
2012 and with Lebanon on January 31, 2012.
As of November 4, 2011, there are a total of twenty nine
(29) undertaking concerning the Recognition of Certificates of
Seafarers (prepared by ILAB – Asian and Pacific Labor Division),
namely:
(1) Antigua and Barbuda - August 8, 2003
(2) Bahamas – February 18, 2002
(3) Barbados – August 4, 2003
(4) Belgium – December 30, 2003
(5) Brunei – March 12, 2002
(6) Cambodia – October 22, 2003

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(7) Cyprus – August 28, 2003
(8) Denmark – December 10, 2001
(9) Dominica – September 15, 2003
(10) Eritrea – July 14, 2006
(11) Georgia – Agreement forwarded to DFA as of June 21,
2003
(12) Greece – July 22, 2003
(13) Hong Kong – February 26, 2002
(14) (15) Indonesia (2) – June 2, 2003
(15) (16)(17) Japan – March 12, 2009; August 17, 2004
(16) Kuwait - April 2, 2004
(17) Marshall Islands – August 4, 2003
(18) Mongolia – September 9, 2003
(19) Netherlands – February 11, 2002
(20) Norway – January 22, 2002
(21) Poland – March 8, 2005
(22) Qatar – September 2, 2006
(23) Singapore – May 15, 2002
(24) South Africa – July 14, 2006
(25) Switzerland – Agreement forwarded to DFA as of
April 21, 2005
(26) Ukraine – Recognition of Ukraine Certificate - April
13, 2005
Recognition of Philippine Certificate – April 13, 2005
The Philippines has Undertakings for Recognition of
Seafarer’s Certificates pending for ratification between the
Governments of the following countries:
(1) Australia
(2) (3) Ireland
(4) Jamaica
(5) Korea
(6) Liberia
(7) Luxembourg
(8) Malaysia
(9) Panama
(10) Portugal
(11) St. Kits & Nevis
(12) St. Vincent & the Grenadines
(13) Vanuatu
On the other hand, our Undertakings with the following
countries are on hold awaiting amendments:
(1) Belize
(2) Isle of Man
(3) Italy
(4) Malta
(5) Sweden

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Despite efforts made by the Philippine government, the
UN CMW Committee in 2009 still recommended that a review of the
bilateral, regional, and multilateral agreements, MOUs or other
protective measures with countries of employment of Filipino
foreign workers, be made in order to prevent and end abuse and
exploitation, especially among women migrant workers. Also, the
UN Committee recommended continuing cooperation arrangements
with countries receiving Filipino migrant workers in areas of
mutual concern, in cases where no BLAs has been finalized.
In 2008, the Government entered into 4 BLAs.
In 2009, 1.4M workers out of 37.9M labor force were
deployed (about 3.7%), with remittances amounting to USD$17.34.
During the same year, the government entered into oneBLA.
In 2010, RA 10022 was enacted, lapsing into law on
March 8, 2010 and took effect on May 9, 2010. The law sought to
further improve the standard of protection and promotion of the
welfare of migrant workers and their respective families. The
accompanying IRR of the aforesaid law took effect on August 26,
2010.
RA 10022 amended the following State policies:
(1) State bilateralism, multilateralism to guarantee
protection of migrant workers;
(2) Regular/documented, irregular/undocumented;
(3) Recognition of trade unions and recruiters as
partners in the protection of OFWs.
One of the highlights of the aforesaid law is the
restriction on the deployment of Filipino workers to countries
where their rights are protected. Furthermore, the receiving
countries should have the following:
(1) It has existing labor and social laws protecting
the rights of workers, including migrant workers;
(2) It is a signatory to multilateral conventions,
declarations or resolutions relating to the
protection of workers, including migrant
workers; and
(3) It has concluded a bilateral agreement or
arrangement with the government on the
protection of the rights of OFWs:

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Provided, that the receiving country is taking positive,
concrete measures to protect the rights of migrant workers in
furtherance of any of the guarantees under subparagraphs (1), (2)
and (3) hereof.
In the absence of a clear showing that any of the
aforementioned guarantees exists in the country of destination of the
migrant workers, no permit for deployment shall be issued by the
Philippine Overseas Employment Administration (POEA).
For this purpose, the Department of Foreign Affairs
(DFA), through its foreign posts, shall issue a certification to the
POEA, specifying therein the pertinent provisions of the receiving
country's labor/social law, or the
convention/declaration/resolution, or the bilateral
agreement/arrangement which protect the rights of migrant
workers.
In October 28, 2011, the POEA issued Governing Board
(GB) Resolution 7 stopping the deployment of OFWs to 41 countries
for non-compliance with the guarantees required under RA 10022.
In November 10, 2011 GB No. 8 was issued to recall GB
Resolution No. 07, series of 2O11, on the ground that the
certifications upon which the latter was based had been withdrawn
by the DFA which requested for 90 days to work on the possible
BLAs with the 41 countries for the latter to comply with the
requirements of RA 1OO22 or the Migrant Workers and Overseas
Filipinos Act of 1995. In 2011, the country entered into a single
bilateral agreement.
To further strengthen the country’s commitment to
protect the rights of Filipino migrant workers, the amendatory law
on the Magna Carta for Migrant Workers or RA 10022 was passed
into law, amending RA 8042, otherwise known as the Migrant
Workers Act of 1995, as well as its implementing rules and
regulations.
On October 13, 2010, the DOLE issued AO No. 383, series
of 2010, constituting the Committee on Bilateral Agreement
Matters, to develop policy guidelines and procedures in entering
into bilateral agreements and arrangements with other countries or
organizations, as well as to review/assess existing bilateral
agreements/arrangement, among others. The Committee is headed
by the Undersecretary of DOLE, with the POEA Administrator as
Vice Chair, and the heads of the following offices: OWWA, TESDA,
PRC, ILS, BLE, ILAB and DOLE-Legal Service as, members. The POEA
also heads the TWG on BLAs. On November 14, 2011, AO No. 481,
series of 2011 became effective, directing the heads of Maritime
Training Council (MTC), National Reintegration Center for OFWs

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(NCRO) and Atty. Grace Tan of the Office of the Secretary, to join as
additional members of the DOLE Committee on BLA Matters.
RA 8042, otherwise known as the “Migrant Workers’ Act”
has been in place since 1995, long before the Philippines’
ratification of the CMW. It was enacted to institute the policies of
overseas employment and establish a higher standard of protection
and promotion of the welfare of migrant workers, their families and
overseas Filipinos in distress.
In particular, the following provisions of RA 8042
support the objectives of the PHRP II, particularly covered under
CMW Chapter:
(1) Section 14 which provides that all embassies and
consular offices, through the Philippine Overseas
Employment Administration (POEA), shall give utmost
priority to the establishment of programs and services to
prevent illegal recruitment, fraud, and exploitation or
abuse of Filipino migrant workers;
(2) Section 20 which mandates for the establishment
of an inter-agency committee, composed of the DFA and
its attached agency, the CFO, DOLE, POEA, OWWA, DOT,
DOJ, BID, NBI, and NSO, shall implement a shared
government information system for migration.
The 1935 and 1973 Constitution did not expressly recognize
overseas employment.
As far back as 1565, Filipinos started working in
dockyards and aboard ships that traveled all the way to Mexico,
courtesy of the Galleon trade, under the mandate of Spanish
colonizers. In order to escape the maltreatment by the Spaniards,
many of those Filipino workers resolved to “jumping ship,” settling
instead in state ports like Acapulco, Mexico and Louisiana, USA.
They were the first generation of Filipino labor migrants. Since then,
three “waves” of labor migration occurred (one in the 1900-1940’s,
in the 1940s-1970’s, and in the 1970s-1990’s).
The second wave is characterized by an outflow of
professionals, mostly doctors, dentists, and mechanical technicians
to the US. Migration was primarily induced by the desire to "look for

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greener pastures." By 1975 more than 250,000 Filipinos have
migrated to the US.4
Towards the end of the Marcos era in 1985,
unemployment reached 12.7%, the highest in the history of
Philippine labor force surveys.
The third wave came in the form of contract labor in the
1970s, a time when the country was gripped by severe
unemployment, especially in the ranks of the professionals. The
unemployment rate in the Philippines by 1970 had risen to an
average of 11.8%. From 1971 to 1975, average underemployment
rate constituted 11.72% of the labor force.5 Coincidentally, the
Middle East oil boom in the same period provided the impetus for
skilled and semi-skilled labor to migrate to other countries.
Marcos saw this as a chance to utilize the Philippines’
surplus labor. He then created a foreign policy called “Development
Diplomacy,” which focused on exporting such surplus labor.
Faced with the problem of local surplus labor and faced
with the glaring opportunity of in-demand labor for overseas, then
President Marcos had to resort to regulating labor migration by
providing legal bases therefore, hence, the signing of the Labor Code
on Labor Day, 1974, which included the provisions on overseas
employment—on pre-employment, which covered the
establishment of the Overseas Employment Development Board,
mandated to undertake a systematic program for overseas
employment of Filipino workers in excess of domestic needs and to
protect their rights to fair and equitable employment practices, with
the power and duty to:
(1) Promote the overseas employment of Filipino
workers through a comprehensive market
promotion and development program;
(2) Secure best possible terms and condition of
employment of Filipino contract workers on a
government-to-government basis and to ensure
compliance therewith;
(3) Recruit workers on government-to-government
arrangement;
4 A Critique of the Philippine Overseas Employment Program (Congressman Romeo D.C. Candazo Chairperson of the
Philippine House of Representatives, Special Committee on Overseas Contract Workers, undated
5 Ang citing the 2003 Yearbook of Labor Statistics. Philippine Department of Labor and Employment.

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(4) To act as secretariat for the Board of Trustees of
the Welfare and Training Fund for Overseas
Workers;
The Labor Code likewise laid the legal bases for the
establishment of the Office of Emigrant Affairs, with the mandate to
promote the wellbeing of emigrants and maintain their close link to
the homeland and the National Seamen Board which had the
mandate to develop and maintain a comprehensive program for
Filipino seamen employed overseas. The mandate of the Philippine
Labor Offices is expressed in the following provisions of the Labor
Code:
(1) To provide all Filipino workers within their
jurisdiction assistance on all matters arising out
of employment;
(2) To insure that Filipino workers are not exploited
or discriminated against;
(3) To verify and certify, the terms and conditions of
employment contracts involving Filipino workers
are in accordance with the Labor Code and rules
and regulations of the Overseas Employment
Development Board and National Seamen Board;
(4) To make continuing studies or researches and
recommendations on the various aspects of the
employment market within their jurisdiction;
(5) To gather and analyze information on the
employment situation and its probable trends,
and to make such information available.
The government was ingenious in trying to solve the
woes of unstable dollar reserves by inserting in the Labor Code the
mandatory remittance of foreign exchange.
In 1980, the number of overseas workers set for
deployment by the DOLE had increased by 75% from that of the
previous year.
Labor Day 1980, or six (6) years from the signing of the
Labor Code (1980), the overseas employment development of the
government has generated an explosion of the presence abroad of
Filipino workers, now estimated to be around 1.7 million in 107
countries of the world.

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In previous years, the government has provided overseas
Filipino workers adequate protection because of the volatile
situation in many host countries, which served as bases for
formalizing the operation of the Welfare and Training Fund for
Overseas Workers, which later became "Welfare Fund for Overseas
Workers," or “Welfund.” This provided social and welfare services
to OFWs, including insurance coverage, legal assistance, placement
assistance, and remittance services. Funding for the Welfund came
from contributions of migrant workers, along with the fees and
charges of the Overseas Employment Development Board (OEDB),
and Seamen’s Board and Bureau of Employment Service (PD 1694).
In June 16, 1980, the functions of the Office of the
Emigrant Affairs were abolished because of the creation of the CFO,
under the Office of the President.
Three months before the Labor Day in 1982, or eight
years from the signing of the Labor Code, the government
acknowledged the need to adopt certain policies to maximize
overseas employment and contracting opportunities for our
workers and companies (EO 787). By reason of which, the OEDB,
National Seamen Board and overseas employment function of the
Bureau of Employment Services were abolished, as the POEA was
created for overseas employment to regulate the pre-employment
stage of labor migration cycle.
By 1986, the Philippines has exported 378,214 OFWs,
which contributed USD680.44M to the country’s foreign exchange
reserves. Middle East remained as its foremost client, accounting for
70% of the total deployment. Demand for Filipino expertise
increased by 200% in Africa and 50% in the neighboring Asian
countries (compared to 1985). The government likewise
maintained an intensified drive against illegal recruiters with 108
arrests and closure of 19 erring agencies. During that time, there
were already 740 licensed agencies, both landbased and seabased6.
In January 31, 1987, the Welfund was renamed as the
OWWA.
Finally, in the 1987 Constitution, protection to overseas
labor was enshrined in the same, reflected in the following
provisions, to wit:
Section 3 of Article XIII of the 1987 Constitution
provides that:
“The State shall afford full protection to labor,
local and overseas, organized and unorganized,

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and promote full employment and equality of
employment opportunities for all.”
“… guarantee the rights of all workers to self-
organization, collective bargaining and
negotiations, and peaceful concerted activities,
including the right to strike in accordance with
law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage.
They shall also participate in policy and decision-
making processes affecting their rights and
benefits as may be provided by law.”
“The State shall promote the principle of shared
responsibility between workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to
foster industrial peace.”
The year of 1995 was a crossroad for human rights
advocates of migrant workers.
According to then Administrator Felicisimo O. Joson in
the 1995 POEA Annual Report,
“The distinction between 1995 from the years
previous to it is that, 1995 was the year that the
concept of migration as a “stop gap measure to
economic development has been officially put to
test and put to rest.” FVR said, “overseas
employment is not a government program. It is a
fact.”
From the economic point of view, the Gross National
Product (GNP) growth was 7% fueled by remittances coming from
OFWs. Statistics from the Bangko Sentral ng Pilipinas (BSP) showed
that USD3.87B flowed in through the banking channels (compared
to 1994’s USD2.94B).
Despite the 9.11% decline in OFWs deployment in 1995
the balance of payment report recorded an increase of 66% in
remittance (this includes remittance by some 1.8M undocumented
workers).
This was also the year that OCWs were renamed OFWs –
to destroy the image of workers as mere contractors that brought in
much needed dollars and affirmed them as Filipinos who had to
enjoy the government’s protection, and more, its counsel. Rightly so
because in 1995, per POEA statistics, 1 in every 4 OFWs processed

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by the POEA, was a domestic helper and/or domestic household
worker (63,463 out of 214,189)7.
On May 7, 1995, the Philippines ratified the CMW.
Brought about by the indignation of the Filipino people to
the execution of a Filipina domestic helper in Singapore, RA 8042,
otherwise known as the “Migrant Workers’ Act” was enacted during
that year. The said law became effective on July 15, 1995, to
institute the policies of overseas employment and establish a higher
standard of protection and promotion of the welfare of migrant
workers, their families and overseas Filipinos in distress.
For purposes of the PHRP II, the following provisions of RA
8042 support the objectives of the said plan, particularly the following
provisions:
(1) Section 14 thereof provides that all embassies
and consular offices, through the POEA, shall give
utmost priority to the establishment of programs
and services to prevent illegal recruitment, fraud,
and exploitation or abuse of Filipino migrant
workers;
(2) Section 20 of the said law requires the
establishment of an inter-agency committee,
composed of the DFA and its attached agency, the
CFO, DOLE, POEA, OWWA, DOT, DOJ, BID, NBI,
and NSO, to implement a shared government
information system for migration;
(3) Section 4 on one hand, directs the deployment of
migrant workers only in countries where the
rights of Filipino migrant workers are protected,
such as in countries where BLAs or arrangements
protecting the rights of overseas Filipino workers
are concluded;
(4) Section 19 further provides for the establishment
of resource centers for overseas Filipinos,
providing specific services to the latter; and
(5) Section 17 establishes a re-placement and
monitoring center for returning Filipino migrant
workers, to help and assist them in their
reintegration into Philippine society. These
centers likewise serve as a promotion house for
their employment locally.
7
POEA 1995 Annual Report

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Under the same law, “within a period of five (5) years
from its effectivity, the DOLE shall phase out the regulatory
functions of the POEA pursuant to the objectives of deregulation.
However, In 2000 POEA Administrator Reynaldo
Regalado reported that “The Philippines finally made it to the so-
called “White List” of the International Maritime Organization
(IMO). This, in a way guarantees that Filipinos can sustain the
strong market niche for mariners in the world fleet.
Overseas employment has continued to alleviate the
country’s unemployment situation and again pumped over US$6
billion in OFW remittances to our national coffers. Looking at the
deployment of new hires, which numbers to 253,418 female
migrant workers, it is evident that the female OFW population has
strikingly reached 70% as service workers.
Consistent with the foregoing law, is the “Anti-
Trafficking in Persons Act of 2003” or RA 9208 which was enacted
to promote human dignity and to protect people from the threats of
violence and exploitation.
In 2007, RA 9422 (An Act to Strengthen the Regulatory
Function of the Philippine Overseas Employment Administration,
amending for this purpose RA 8042) was passed deleting the
provision on deregulations and adding the duty to, “inform migrant
workers not only of their rights as workers but also of their rights as
human beings; instruct and guide the workers how to assert their
rights, and; provide the available mechanism to redress the
violation of their rights.”
RA 9422 likewise mandated the POEA to “deploy only to
countries where the Philippines has concluded BLAs or
arrangements: Provided, that such countries shall guarantee to
protect the rights of Filipino migrant workers; and: Provided,
further, that such countries shall observe and/or comply with the
international laws and standards for migrant workers."
By 2007, deployment reached the 1 million mark.
Remittances hit USD $14.4 Billion. The income generated by POEA
was almost double its budget. The International Organization for
Migration (IOM) awarded POEA as a model in migration
management.
A. Legal Assistance for Migrant Workers Affairs under the DFA
(1) Issue the guidelines, procedures and criteria for
the provision of legal assistance services to
Filipino Migrant Workers;

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(2) Establish close linkages with the DOLE, POEA,
OWWA and other government agencies
concerned, as well as with non-governmental
organizations assisting migrant workers, to
ensure effective coordination in providing legal
assistance to migrant workers;
(3) When necessary, tap the assistance of the
Integrated Bar of the Philippines (IBP), other bar
associations, legal experts on labor, migration
and human rights laws, reputable law firms, and
other civil society organizations, to complement
government services and resources to provide
legal assistance to migrant workers;
B. POEA
The POEA shall exercise original and exclusive
jurisdiction to hear and decide:
(1) all pre-employment/recruitment violation cases
which are administrative in character, involving
or arising out of violations of Rules and
Regulations relating to licensing and registration,
including refund of fees collected from the
workers or violation of the conditions for
issuance of license or authority to recruit
workers; and
(2) disciplinary action cases and other special cases,
which are administrative in character, involving
employers, principals, contracting partners and
OFWs processed by the POEA.
C. OWWA
Sec. 13. Assistance in the Enforcement of Contractual
Obligations.
In the implementation of OWWA welfare programs and
services and in line with the One-Country Team Approach for on-
site services, the Welfare Officer or in his/her absence, the
coordinating officer shall:
(1) Provide the Filipino migrant worker and his/her
family all the assistance they may need in the
enforcement of contractual obligations by
agencies or entities and/or by their principals;
and;

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(2) Make representation and may call on the agencies
or entities concerned to conferences or
conciliation meetings for the purpose of settling
the complaints or problems brought to his/her
attention. If there is no final settlement at the
jobsite and the worker is repatriated back to the
Philippines, conciliation may continue at the
OWWA Central Office, or in any OWWA Regional
Welfare Office.
D. The Migrant Workers and other Overseas Filipinos Resource
Center shall provide the following services:
a. Counselling and legal services;
xxx
j. Ensuring that labor and social welfare laws in the
receiving country are fairly applied to migrant workers
and other overseas Filipinos; and
k. Conciliation of disputes arising from employer-
employee relationship, in accordance with this Rule.
For “Migrant Workers and Other Overseas Filipinos
Resource Centers,” these shall be composed of Foreign Service
personnel, a Labor Attaché and other service attachés or officers
who represent Philippine government agencies abroad.
The following personnel may also be assigned to the Center:
(1) Psychologists, Social Workers, and a Shari’a or
Human Rights Lawyer, in highly problematic
countries as categorized by the DFA and DOLE
and where there is a concentration of Filipino
migrant workers;
(2) Individual volunteers and representatives from
bona fide non-government organizations from
the receiving countries, if available and necessary
as determined by the Labor Attaché in
consultation with the Chief of Mission;
(3) Public Relations Officer or Case Officer
conversant, orally and in writing, with the local
language, laws, customs and practices; and/or
(4) Legal Officers (POEA/NLRC/DOLE) and such
other professionals deemed necessary by the
Secretary of Labor and Employment.

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Under RA No. 10022, the Department of Health (DOH)
shall regulate the activities and operations of all clinics which
conduct medical, physical, optical, dental, psychological and other
similar examinations, hereinafter referred to as health
examinations, on Filipino migrant workers as requirement for their
overseas employment. “Pre-employment Medical Examinations”
(PEME) for overseas work applicants shall be performed only in
DOH-accredited medical clinics and health facilities utilizing the
standards set forth by DOH. Pursuant to this, the DOH shall ensure
that:
(1) The fees for the health examinations are
regulated, regularly monitored and duly
published to ensure that the said fees are
reasonable and not exorbitant. The DOH shall set
a minimum and maximum range of fees for the
different examinations to be conducted, based on
a thorough and periodic review of the cost of
health examinations and after consultation with
concerned stakeholders. The applicant-worker
shall pay directly to the DOH-accredited medical
clinics or health facilities where the PEME is to be
conducted;
(2) The Filipino migrant workers shall only be
required to undergo health examinations when
there is reasonable certainty as certified by the
hiring recruitment/manning agency pursuant to
POEA Rules and Regulations that he/she will be
hired and deployed to the jobsite and only those
health examinations which are absolutely
necessary for the type of job applied for or those
specifically required by the foreign employer
shall be conducted;
(3) No group or groups of medical clinics shall have a
monopoly of exclusively conducting health
examinations on migrant workers for certain
receiving countries;
(4) Every Filipino migrant worker shall have the
freedom to choose any of the DOH-accredited or
DOH-operated clinics that will conduct his/her
health examinations and that his/her rights as a
patient are respected. The decking practice,
which requires overseas Filipino workers to go
first to an office for registration and then farmed

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out to a medical clinic located elsewhere, shall
not be allowed;
(5) Within a period of three (3) years from the
effectivity of the Act, all DOH regional and/or
provincial hospitals under local government units
shall establish and operate clinics that can serve
the health examination requirements of Filipino
migrant workers to provide them easy access to
such clinics all over the country and lessen their
transportation and lodging expenses; and
(6) All DOH-accredited medical clinics, including the
DOH-operated clinics, conducting health
examinations for Filipino migrant workers shall
observe the same standard operating procedures
and shall comply with internationally-accepted
standards in their operations to conform with the
requirements of receiving countries or of foreign
employers/principals.
In this regard, the UN Committee on CMW in 2009 made
a recommendation that adequate assistance through embassy and
consulate staff abroad, be provided to migrant workers, especially
those who are victims of the “sponsorship” or kafalah system.
In a research made on the accessibility of health services
by OFWs, conducted by the Action for Health Initiatives, Inc.,
(ACHIEVE) in 2005, it revealed that: (1) health information, care,
services are not easily accessible to OFWs; (2) incidents of HIV
affliction among OFWs have increased over the past years; and (3)
Filipino migrant workers do not put health on their priority list.
Furthermore, the study showed that migrant workers will endure
illnesses in order to continue working because earning money for
the welfare of their families is their number one priority. However,
when their health problems can no longer be ignored, they will turn
to their employers or their friends abroad for help.
In a research entitled “A Survey of the Sexual and
Reproductive Health Status and Needs of Filipino Female Overseas
Domestic Workers,” conducted by the Action for Health Initiatives,
Inc. (ACHIEVE) in four different sites, namely: National Capital
Region; Davao City; Cebu City, and; La Union, it disclosed the
following reproductive health issues:
(1) Pregnancy: 7.3 percent (23) became pregnant
while working abroad. Only half (11) had
prenatal care; seven (7) had free hospitalization,
three enjoyed maternity leave benefits; two had
postnatal care;

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(2) Mild ailments suffered: the most common were
fever, flu, colds, cough and headache;
(3) Serious ailments: Six of the respondents reported
serious problems – hysterectomy (4 cases),
myoma (1 case), breast cyst (1 case); and RH
problems namely: irregular menstruation (5
cases), dysmenorrhea (4 cases), painful urination,
(4 cases), miscarriage (3 cases), ectopic
pregnancy (1 case), and induced abortion.
Another case study on the health conditions of women
migrant workers authored by Dr. Aurora Barong of the Kanlungan
Centre Foundation revealed that maltreatment, rape with
maltreatment, and fractures were the top three health problems
suffered by women migrant workers who had been under their
care. Those who said they were physically harmed included 57
domestic workers, two caregivers, two dressmakers, and two
factory workers. The cases of maltreatment ranged from being
forced to work more than eight hours up to 21 hours on an 8-hour
salary. Likewise, the women also said they were fed or dissuaded
from taking proper meals, restricted from using the bathroom at
certain hours, and barred from leaving their employer’s home even
on government-mandated rest days or holidays.
The study observed that health-related services by
Philippine diplomatic missions are not enough; with migrant
workers needing the services of doctors in the host country living in
remote areas. The author stated that what aggravates the conditions
of these maltreated women migrant workers is that they do not
immediately seek medical treatment, or that clinics in the host
country are inaccessible.
A study conducted by the UN Development Programme and
the Joint Programme on HIV/AIDS (UNAIDS) showed that women
migrant workers in Asia including Filipinas who work in the Arab states
are targets of sexual exploitation and violence and are highly vulnerable
to factors that lead to HIV infection. The study revealed that more
women are vulnerable to HIV because of limited preparedness and poor
access to information and services. The study disclosed that of the total
number of HIV cases recorded in the Philippines since 1984, OFWs
make up 34 percent (1,162) or about a third of the total. Over the years,
the HIV Registry has tracked the growing number of HIV cases among
OFWs. According to the last available breakdown of OFW data in the
HIV Registry, out of the 1,061 OFWs who tested positive in December
2007, 33 percent (347) were seafarers, 17 percent (179) were domestic
workers, nine percent (97) were employees, eight percent (81) were
entertainers, and six percent (65) were health workers. Sexual
transmission remained to be the leading mode of transmission (94
percent) of HIV among OFWs.

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Table 7.1. Situation Matrix
Human Rights Issues Duty-Bearers Claimholders
1. Right to be informed DFA-UNIO
DFA-OUMWA
DOLE
DOLE-ILAB (POLOs)
POEA
OWWA
BID
CFO
LGUs
NBI
NSO
NSCB
CSOs (e.g. PAHRA,
CMA, Migrante,
KALAHI-Advocates
for OFWs)
 Would be
migrant
workers
 Migrant
workers
and
members of
their
families
2. Right to equality of
treatment with nationals of
the State of employment
DFA
POEA
OWWA
DOLE-ILAS (POLOs)
 Migrant
workers
and
members of
their
families
3. Right to recourse to
consular or diplomatic
protection
DFA
POEA
OWWA
DOLE-ILAS (POLOs)
 Migrant
workers
and
members of
their
families
4. Right to receive any
medical care that is urgently
required/needed for the
preservation of the life of
OFWs or the avoidance of
irreparable harm to the
latter’s health
DOLE
POEA
OWWA
NRCO
ILAS (POLOs)
DFA-UNIO
DFA-OUMWA
DOH
PhilHealth
Senate Committees
 Migrant
workers
and
members of
their
families

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Human Rights Issues Duty-Bearers Claimholders
CSOs (e.g. PAHRA,
CMA, Migrante,
KALAHI-Advocates
for OFWs)
5. Right to social security SSS and its regional
counterparts
DFA
ILAS
POEA
OWWA
DOLE
ROs
CSOs (e.g. PAHRA,
CMA, Migrante,
KALAHI-Advocates
for OFWs)
 Migrant
workers
and
members of
their
families
6. Measures regarding the
orderly return of migrant
workers and members of
their families to the State of
origin, their resettlement
and cultural reintegration
DOLE-NRCO
ROs
LGUs
PESO
DSWD
TESDA
DTI
CSOs
 Migrant
workers
and
members of
their
families
7. Fundamental human
rights of children of migrant
workers
OWWA (ROs)
POEA
DOLE
DSWD
LGUs
CSOs
 Children of
migrant
workers

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SECTION 3
Thematic Performance Targets
The CMW chapter of the PHRP II aims to attain the
following: (1) establish an integrated policy on information system
across concerned agencies by establishing and/ or enhancing a
shared information system of migration; (2) increase the number of
clients served through the conduct of information dissemination;
and (3) empower migrant workers through information campaigns.
By the year 2016, the Pre-Departure Orientation
Seminars/Programs shall be strengthened through effective
monitoring of the conduct thereof.
The annual targets for information dissemination are as
follows:
2012 - Information dissemination to priority
provinces;
2013 - Information dissemination to priority
regions;
2014 - Information dissemination to other
provinces; and
2015-2016 - Information dissemination to other regions.
On the other hand, for the shared information system to be
established and/or enhanced, the annual targets would be:
2012 - Identify information covered by the system;
2013-onwards - Establishment of the information system;
and
2014-2016 - Enhancement of the information system

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The CMW chapter of the PHRP II aims for a decrease in the
level of reported cases of discrimination and abuses against migrant
workers by increasing the number of bilateral agreements with
receiving countries as well as those agreements under negotiation.
With that, it aims to have the following targets:
2012-2016 - Pursue pending negotiations of bilateral
agreements and initiate additional
negotiations; and
2014-2016- 20% Increase in the number of bilateral
agreements.
welfare assistance and other available legal remedies in the
host countries and in the Philippines
The PHRP II aims to have: (1) an increase in the number of
migrant workers assisted in the receiving country by strengthening
the post arrival programs and services; (2) a proportionate number
of assisting personnel as to the number of migrant workers; and (3)
increase the number of consular offices and/or POLOs to the total
number of countries proportionate with the number of Filipino
migrant workers, both through additional/expanded consular
offices and POLOs.
The targets under this objective are:
2012 -2016- Study efficiency of assistance provided by
offices abroad based on the proportion of
number of assisting personnel to number of
migrant workers to be assisted and for the
conduct of post-arrival seminars to priority
countries;
2012-2016- Provide additional personnel based on the
study conducted and for the conduct of
post-arrival seminars to other countries;
and

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2012-2016- Full expansion of offices, consular services
and POLOs, and enhanced post-arrival
services and programs.
migrant workers in the countries of destination
The PHRP II aims to have an amendment of the Migrant
Worker’s Act of 1995 (RA No. 8042), specifically adding provisions
relative to medical assistance to migrant workers such as, but not
limited to, having an international expansion of PhilHealth
coverage, mandatory membership of migrant workers to SSS,
increase in the budget of POLOs to attend to the medical needs of
MWs.
With that, it targets to have an amended law with the
following annual targets:
2012- Advocacy and lobbying up to first and
second reading;
2013- Advocacy and lobbying up to the
deliberation proper;
2014- Advocacy and lobbying up to its passage
and adoption of Implementing Rules and
Regulations (IRR);
2014-2016- Implementation of the amended RA 8042.
granted to the nationals of the receiving country
The CMW-PHRP II aims to (1) increase the number of
migrant workers covered by the social security system by
expanding the One-Stop Shop Program at the regional offices for SSS
availment of migrant workers; and (2) increase in the number of
bilateral social security agreements entered into with other
countries.
The annual targets would be:
2012-onwards- Pursue pending negotiations of BAs and
initiate additional negotiations; and
2012-2014- 20% increase in number of existing BAs on
social security.

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34
In addition thereto, the following are likewise annual targets
to expand the scope of the One Stop Shop program which grants SSS
membership to migrant workers:
2012- Setting up of One-Stop Shops in priority
provinces;
2013- Setting up of One-Stop Shops in priority
regions;
2014- Setting up of One-Stop Shops in other
provinces;
2015- 2016- Setting up of One-Stop Shops in other
regions.
Thematic Objective 6: To implement a comprehensive program
for the return, resettlement, and cultural reintegration of
migrant workers and members of their families.
The PHRP II aims to have (1) an increase in the number of
assisted returning migrant workers and members of their families
by having additional human resources at DOLE- National
Reintegration Centers for OFWs (DOLE-NRCO) and its regional
counterparts; and (2) an increase in the number of programs for the
return, resettlement, and cultural reintegration of migrant workers and
members of their families.
The following are the annual term targets:
2012-2016- Study efficiency of assistance provided by
DOLE-NRCO and regional offices based on
the proportion of number of assisting
personnel to number of migrant workers to
be assisted;
2012-2016- Provide additional personnel based on the
study conducted and decentralize funds and
programs to the regional offices;
2012-2016- Full provision of additional personnel and
full decentralization of funds and programs
to the regional offices.

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protection and welfare of the children of migrant workers
The PHRP II aims to increase the number of programs and
policies established and implemented to protect the rights of the
children of migrant workers.
With that, the following are its annual term targets:
2012-2016- Lobbying for the creation of additional
programs and policies based on the study
conducted;
2012-2016- Policies and programs
formulated/developed and implemented.

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Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
36
Table 7.2. Performance Targets
dissemination program on the rights of migrant workers and members of
their families by the concerned government agencies and authorities both
at the national and local levels
Strategic Indicators Medium Target Annual Targets
Percentage of areas
covered by
information
dissemination by
region.
Completed stages of
nationwide
information
campaign;
Enhanced shared
information system
of migration;
Strengthened Pre-
Departure
Orientation
Seminars/Programs
2012- Information
dissemination to priority
provinces;
2013- Information
dissemination to priority
regions;
2014- Information
dissemination to other
provinces;
2015-2016- Information
dissemination to other
regions;
2012– Identify
information covered d by
the system;
2013 – onwards –
Establishment of the
Information System;
2014-2016 –
Enhancement of the

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37
Information System.
Thematic Objective 2: To sustain advocacy for bilateral agreements,
memoranda of understanding, and other similar instruments, especially
with those countries of destination where discriminatory treatment and
abuse are more frequent.
Increase in the
number of bilateral
agreements entered
into by the
government for the
protection of
overseas Filipino
workers
Increased number
of bilateral
agreements with
receiving countries
as well as increase
in the number of
BLAs under
negotiations.
2012-2016 – Pursue
pending negotiations of
bilateral agreements and
initiate additional
negotiations
2014-2016 – 20%
increase in the number of
bilateral agreements
Thematic Objective 3: To provide adequate consular services, welfare
assistance and other available legal remedies in the host countries and in
the Philippines.
Increased number of
assisted OFWs in
varying difficult
circumstances (e.g.
consular, welfare and
legal services);
Ratio of
regular/documented
OFWs to the number
of POLO personnel;
Ratio of
irregular/undocume
Increased number
of migrant workers
assisted in the
receiving country
through
strengthened post-
arrival programs
and services;
Proportionate
number of assisting
personnel as to the
number of migrant
workers
2012 -2016 - Study
efficiency of assistance
provided by offices abroad
based on the proportion of
number of assisting
personnel to number of
migrant workers to be
assisted and for the
conduct of post-arrival
seminars to priority
countries;
2012-2016 - Provide
additional personnel

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38
nted workers to the
number of personnel
under OUMWA.
Increased number
of consular offices
and/or POLOs to the
total number of
countries
proportionate with
the number of
Filipino migrant
workers, both
through
additional/expande
d consular offices
and POLOs.
based on the study
conducted and for the
conduct of post-arrival
seminars to other
countries;
2012-2016 - Full
expansion of offices,
consular services and
POLOs and enhanced post-
arrival services and
programs.
Thematic Objective 4: To provide urgent medical assistance to migrant
workers in the countries of destination.
Amendment of the
Migrant Worker’s Act
(RA 8042) and other
related legislations.
Amended Migrant
Worker’s Act of
1995 (RA 8042).
2012–Advocacy and
lobbying up to first and
second reading;
2013– Advocacy and
lobbying up to the
lobbying up to its passage
and adoption of
Implementing Rules and
Regulations (IRR);
2014-2016–
Implementation of the

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39
amended law.
Thematic Objective 5: To provide social security to migrant workers in
their State of employment with the same treatment granted to the
nationals of the receiving country.
Increased number of
bilateral social
security agreements
with other countries.
Increased number
of migrant workers
covered by the
Social Security
System by
expanding the One-
Stop Shop Program
at the regional
offices for SSS
availment of
migrant workers;
Increased number
of bilateral social
security agreements
entered into with
other countries.
2012-2016 onwards –
Pursue pending
negotiations of BAs and
initiate additional
negotiations;
2012-2014 – 20% increase
in number of existing BAs
on social security;
2012- Setting up of One-
Stop Shops in priority
provinces;
Stop Shops in priority
regions;
Stop Shops in other
provinces;
2015- 2016 setting up of
One-Stop Shops in other
regions.
Thematic Objective 6: To implement a comprehensive program for the
return, resettlement, and cultural reintegration of migrant workers and
members of their families

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40
Increased number of
OFWs in the National
Reintegration
Program.
Increased number
of assisted returning
migrant workers
and members of
their families by
having additional
human resources at
DOLE-NRCO and its
regional
counterparts;
Increased number
of programs for the
return,
resettlement, and
cultural
reintegration of
migrant workers
and members of
their families.
2012-2016- Study
provided by DOLE-NRCO
and regional offices based
on the proportion of
number of assisting
migrant workers to be
assisted;
2012-2016- Provide
additional personnel based
on the study conducted and
decentralize funds and
programs to the regional
offices;
2012-2016 - Full provision
of additional personnel and
full decentralization of
funds and programs to the
regional offices.
Thematic Objective 7: To develop adequate measures for the protection
and welfare of the children of migrant workers
Increased number of
assisted children of
migrant workers in
varying
circumstances.
Increased number
of programs and
policies established
and implemented to
protect the rights of
the children of
migrant workers.
2012-2016- Lobbying for
the creation of additional
programs and policies
based on the study
conducted;
2012-2016- Policies and

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41
programs
formulated/developed and
implemented.

_______________________________________________________________________________________________________________
42

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SECTION 4
Program of Action
Through PHRP II, the Philippine government shall give
priority to popularizing the CMW to duty bearers as well as to
claimholders nationwide.
As an initial step, several studies, regular dialogues, and
workshops on migrant workers’ rights must be conducted. The
public dialogues and/or information dissemination programs will
focus on the rights of the migrant workers and members of their
families as embedded under the CMW. Likewise, information
dissemination shall be used as a tool for the enhancement and
empowerment of migrant workers, especially women in
vulnerable situations.
A “Shared Government Information System of Migration”
shall likewise be established and/or enhanced pursuant to Section
20 of RA 8042. Further, enhanced and strengthened Pre-
Departure Orientation Seminars/ Programs shall be prioritized.
As a result of the foregoing plans and programs, the
following outputs shall be expected: (a) improved systems and
procedures of the government derived from the studies
conducted, policy recommendations, agency action and
commitment plans; (b) public reports on the status of migrant
workers, printed and disseminated information, education and
communication materials, reports on the actions and resolutions
for public issues and concerns and (c) a functional quick response
team across concerned agencies.
With that, the DFA and the DOLE shall plan and initiate
programs for the popularization of the CMW. Coordination among
the different agencies of the government such as the DFA-UNIO,
DFA-OUMWA, POEA, OWWA, BID, CFO, and LGUs shall be made, as
well as collaboration with CSOs, including but not limited to, the
Philippine Alliance of Human Rights Advocates (PAHRA), Center
for Migrant Advocacy (CMA), Migrante, and KALAHI-Advocates
for OFWs.
An interagency committee composed of the DFA and its
attached agency, CFO, DOLE and its attached concerned agencies,
DOT, DOJ, NBI, DILG, NSO, Bureau of Immigration (BI), National
Telecommunications Commission (NTC), Commission on

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44
Information and Communication Technology (CICT), National
Computer Center (NCC), and other government agencies
concerned with overseas employment shall be established to
implement a shared government information system for
migration. The interagency committee shall initially make
available to itself the information contained in existing data
bases/ files. The second phase shall involve linkaging of computer
facilities in order to allow free-flow data exchanges and sharing
among concerned agencies (Section 20 of Republic Act 8042, as
amended by Republic Act 10022).
Also, the DFA, as the head of the inter-agency committee
for the establishment of a “Shared Government Information
System for Migration”, shall convene its members, particularly
CFO, DOLE, POEA, OWWA, DOT, DOJ, BID, NBI, and NSO to develop
the system.
Also provided under Section 20 of Republic Act 8042, as
amended by Republic Act 10022, “The inter-agency committee
shall be co-chaired by DFA and DOLE, while the NCC shall provide
the necessary technical assistance and set appropriate
information and communications technology standards to
facilitate the sharing of information among the member agencies.
It shall convene to identify existing data bases which shall be
declassified and shared among member agencies. These shared
data bases shall initially include, but not limited to, the following
information:
(1) Masterlists of Filipino migrant
workers/overseas Filipinos classified according
to occupation/job category, civil status, by
country/state of destination including visa
classification;
(2) Inventory of pending legal cases involving
Filipino migrant workers and other Filipino
nationals, including those serving prison terms;
(3) Masterlist of departing/arriving Filipinos;
(4) Statistical profile on Filipino migrant
workers/overseas Filipinos/tourists;
(5) Blacklisted foreigners/undesirable aliens;
(6) Basic data on legal systems, immigration
policies, marriage laws and civil and criminal
codes in receiving countries particularly those
with large number of Filipinos;

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45
(7) List of labor and other human rights
instruments where receiving countries are
signatories;
(8) A tracking system of past and present gender
disaggregated cases involving male and female
migrant workers, including minors; and
(9) Listing of overseas posts which may render
assistance to overseas Filipinos, in general, and
migrant workers, in particular.”
On the other hand, the OWWA and POEA shall come up with an
effective mechanism to strengthen existing pre-departure
seminars/programs.
During the 1st quarter of 2012, OWWA conducted Pre-Departure
Orientation Seminars (PDOS) for all migrant workers whether agency
hired, name-hired, or government hired. As per arrangement and
agreement by the POEA and OWWA, the OWWA would have a pool of
PDOS resource persons coming from the POEA pool of PEOS/PDOS
resource persons for the conduct of PDOS. Previously, the POEA Anti-
Illegal Recruitment Branch through the Workers Education Division
conducted the PDOS exclusively for workers under the category of
name-hires and government hires, while OWWA and other accredited
PDOS service providers, conduct PDOS for agency hired workers.
The POEA PDOS modules are divided in three categories: (1)
America and Europe; (2) Middle East and Africa; and (3) Asia and the
Pacific. Topics discussed are: (1) Documentary requirements and fees;
(2) Travel Tips and Airport Procedures; (3) General Information such
as: climate, currencies, religion, food, clothing, customs and tradition,
and traits of people; (4) Understanding the Employment Contract
(Rights, Responsibilities and Obligations); (5) Institutional Support
System; (6) OFW Code of Discipline; (7) Balik-Manggagawa or Worker
on Leave; (8) HIV-AIDS; (9) Drug Mules including the modus operandi;
and (10) Universal Declaration of Human Rights. Brochures and leaflets
particularly on country specific and frequently asked questions on
overseas employment were being distributed for the better
understanding of migrant workers.
As provided under sub paragraph (b.1) of paragraph (b) of
Section 23 of RA 8042, as amended by RA 10022, “the POEA shall
inform migrant workers not only of their rights as workers, but
also of their rights as human beings; instruct and guide the
workers how to assert their rights, and; provide the available
mechanism to redress violation of their rights. It shall also be
responsible for the implementation, in partnership with other law
enforcement agencies, of an intensified program against illegal
recruitment activities. For this purpose, the POEA shall provide

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46
comprehensive PEOS that will discuss topics such as prevention of
illegal recruitment and gender-sensitivity.”
The POEA, in consultation with the DFA, shall disseminate
information on labor and employment conditions, migration
realities and other facts, as well as adherence of particular
countries to international standards on human and workers rights
which will adequately prepare individuals into making informed
and intelligent decisions about overseas employment. It shall
publish, in a timely manner, such as advisory in a newspaper of
general circulation. It may undertake other programs or resort to
other modes of information and dissemination campaigns, such as
the conduct of nationwide, comprehensive and sustainable Pre-
Employment Orientation Seminars (Section 8, Rule III of the
Omnibus Rules and Regulations Implementing the Migrant
Workers and Overseas Filipinos Act of 1995, as amended by
Republic Act 10022).
The POEA shall strengthen its comprehensive PEOS
program through the conduct of seminars that will discuss topics
such as legal modes of hiring for overseas employment, rights,
responsibilities and obligations of migrant workers, health issues,
prevention and modus operandi of illegal recruitment, and gender
sensitivity (Section 23, Rule VI of the Omnibus Rules).
The POEA will continue to enhance the conduct of Pre-
Employment Seminars (PEOS) in Ortigas, PEOS for GPB
(Government Placement Branch) recruits and MRD (Manpower
Registry Division) registrants, PEOS for applicants of Seaman’s
Identification and Records Book (SIRB) and Seaman applicants,
School Caravans, PEOS at SM Malls, PEOS with CFO (Commission
on Filipinos Overseas), PEOS/AVP Showing at DFA (Department
of Foreign Affairs) for passport applicants, PEOS with OFW Circles
and AVP (audio-visual presentation) on buses. The POEA is
looking forward for the launching of its POEA on Wheels.
The POEA Anti-Illegal Recruitment Branch in its campaign
against illegal recruitment and trafficking in persons will give
more focus on the preventive approach to combat illegal
recruitment and trafficking in persons.
The Workers Education Division of the Anti-Illegal
Recruitment Branch takes the lead in the information
dissemination and strengthens the conduct of the Pre-
Employment Orientation Seminars (PEOS), and the Anti-Illegal
Recruitment and Trafficking in Persons Campaign Seminars
(AIRTIPS) which includes topics on the applicable laws of R.A.
8042, as amended by R.A. 10022 or otherwise known as the
Migrant Workers and Overseas Filipinos Act of 1995, as amended,

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and R.A. 9208 or otherwise known as the Anti-Trafficking in
Persons Act of 2003.
The POEA shall maintain and strengthen its partnership
with LGUs, other government agencies and NGOs advocating the
rights and welfare of OFWs for the purpose of dissemination of
information on all aspects of overseas employment (Section 24,
Rule VI of the Omnibus Rules).
As POEA’s commitment to better equip its partners
especially in the conduct of PEOS/PDOS and AIRTIPS, the Workers
Education Division conducts Capability Enhancement Training
(CET) for LGUs as well as the academe aside from its own in-
house speakers. The POEA has also forged partnership through
signing of MOU with different LGUs and non-LGUs in
strengthening its program on “Illegal Recruitment Free-LGU
Campaign”. Since the program started, a total of 361 LGUs and
non-LGUs forged partnership with the POEA.
The POEA collaborated with the International Centre for
Migration and Policy Development (ICMPD-MIEUX), which
sponsored a series of trainings for its personnel to review and
assess the strategies in the conduct of PEOS/PDOS, CET, and
AIR/TIP including the information materials and modules. The
ICMPD-MIEUX also assisted in the conceptualization of new
posters including the printing of campaign t-shirts and baller
bands on AIR/TIP. As part of its social marketing, the POEA Anti-
Illegal Recruitment and Trafficking in Persons Campaign likewise
launched in 2011, a Facebook account for the AIR/TIP campaign.
Also, a series of information campaigns for the
implementation of International Organization for Migration’s
(IOM) program entitled, “Youth Employment and Migration” has
been conducted in the provinces of Maguindanao, Agusan del Sur,
Masbate, and Antique.
Moreover, through its “PEOS on Wheels,” the POEA has
made its services, such as the conduct of PEOS/AIRTIP seminars,
job fairs, and free legal assistance, more accessible to those who
wish to avail of the same.
It is the aim of the government to establish relations with as
many countries as possible, with the end in view of further
enhancing laws, regulations, and programs for the protection of the
rights of OFWs. To realize this objective, the Committee on BLA

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48
matters was constituted. Also, a TWG was set up to review the BLAs
with other countries.
Relative to the foregoing, a series of TWG meetings were
conducted to develop a model BLA to be used as basis for the
formulation of future BLAs with other countries. Six (6) priority
countries, called the Gulf Cooperating Countries (GCC), were
identified to which this model BLA will be applied, namely:
Kingdom of Saudi Arabia, Kuwait, United Arab Emirates, Bahrain,
Oman and Qatar. A TWG was also constituted to review eleven
proposed BLAs. An inter-agency workshop was later on conducted
to develop a set of guidelines and procedures on BLAs.
The CMW chapter of the PHRP II will also to look into the
existing agreements entered into by the Philippines with countries in
the Middle East, on matters such as exit permits, passport retention
made by foreign employers, and contract substitution.
Efforts are also underway for the review of R.A. 10022
certification. Section 3, (3rd par) of RA 10022 provides that the DFA,
through its foreign post, shall issue a certification to the POEA,
specifying therein the pertinent provisions of the receiving
country’s labor law, or the convention/declaration/resolution, or
the bilateral agreement/arrangement which protect the rights of
migrant workers. The review aims to identify non-compliant and
selectively compliant countries before the commencement of BLA
negotiations.
The CMW chapter of the PHRP II will support the
institutionalization of public reporting on the general status of
migrant workers in those countries covered by bilateral agreements
in order to have an effective monitoring of the enforcement thereof.
welfare assistance and other available legal remedies in the host
countries and in the Philippines.
Several information leads to the fact that there is inadequacy in
the number of labor offices, as well as in the number of personnel
assisting and serving the migrant workers in the host country. Such
inadequacy in number leads to the inefficiency of services given to their
clientele.
With that, the establishment of additional offices abroad and
expansion of existing POLOs shall be required. Further, additional
personnel in said offices shall likewise be hired, which shall be
proportionate to the number of migrant workers within the
receiving country. Also, in deploying personnel to these government
offices, priority for those Filipino Muslims, shall be made in the

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49
Muslim countries, particularly those in the Middle East, for their
easy cultural integration.
Post arrival seminars shall be conducted immediately upon
arrival of the migrant workers abroad in the Philippine posts
and/or labor offices abroad. In line thereto, systems and procedures
in the delivery of services/assistance to migrant workers shall be
continuously improved.
The DFA and the DOLE-POLOs shall initiate in their
respective plans and programs for the provision of additional
posts/offices abroad and personnel abroad and shall coordinate
with one another for the continuous improvement of their systems
and procedures specifically the conduct of post arrival seminars.
Legal Assistant for Migrant Workers Affairs [Rule IX ]
The Legal Assistant for Migrant Workers Affairs under the
DFA shall be primarily responsible for the provision and over-all
coordination of all legal assistance services to Filipino Migrant
Workers as well as Overseas Filipinos in distress. In the exercise of
these primary responsibilities, he/she shall discharge the following
duties and functions:
(1) Issue the guidelines, procedures and criteria for
the provision of legal assistance services to
Filipino Migrant Workers;
(2) Establish close linkages with the DOLE, POEA,
OWWA and other government agencies
concerned, as well as with non-governmental
organizations assisting migrant workers, to
ensure effective coordination in providing legal
assistance to migrant workers;
(3) When necessary, tap the assistance of the
Integrated Bar of the Philippines (IBP), other bar
associations, legal experts on labor, migration
and human rights laws, reputable law firms, and
other civil society organizations, to complement
government services and resources to provide
legal assistance to migrant workers;
(4) Administer the Legal Assistance Fund for Migrant
Workers and to authorize its disbursement,
subject to approved guidelines and procedures,
governing its use, disposition and disbursement;
(5) Keep and maintain an information system for
migration;

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50
(6) Prepare its budget for inclusion in the
Department of Foreign Affairs' budget in the
Annual General Appropriations Act, and;
(7) Perform such other functions and undertake
other responsibilities as may be useful, necessary
or incidental to the performance of his/her
mandate.
The Legal Assistance Fund created under the Act shall be
used exclusively to provide legal services for Migrant Workers and
Overseas Filipinos in distress in accordance with approved
guidelines, criteria and procedures of the DFA.
It shall be used inter alia for the following specific purposes:
(1) In the absence of a counsel de oficio or court-
appointed lawyer, payment of attorney's fees to
foreign lawyers for their services in representing
migrant workers facing criminal and labor cases
abroad, or in filing cases against erring or abusive
employers abroad, provided, that no amount shall
be disbursed for the appeal of cases except when
the penalty meted is life imprisonment or death
or under meritorious circumstances as
determined by the Undersecretary for Migrant
Workers Affairs;
(2) Bail bonds to secure the temporary release of
workers under detention upon the
recommendation of the lawyer and the foreign
service post concerned; and
(3) Court fees, charges and other reasonable
litigation expenses when so recommended by
their lawyers.
Establishment of Migrant Workers and Other Overseas Filipinos
Resource Center [Rule X (D)]
Migrant Workers and other Overseas Filipinos Resource
Center shall be established in countries where there are large
concentration of OFWs, as determined by the Secretary of DOLE. It
shall be established within the premises of the Philippine Embassy
or the Philippine Consulate, and under the administrative
jurisdiction of the former.
When the Migrant Workers and other Overseas Filipinos
Resource Center is established outside the premises of the Embassy

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51
or Consulate, the DFA shall exert its best effort to secure
appropriate recognition from the receiving government in
accordance with applicable laws and practices.
The Migrant Workers and other Overseas Filipinos Resource
Center shall provide the following services:
(1) Counselling and legal services;
(2) Welfare assistance including the procurement of
medical and hospitalization services;
(3) Information, advisory programs to promote
social integration such as post-arrival orientation,
settlement, and community networking services,
and activities for social interaction;
(4) Registration of irregular/undocumented
workers;
(5) Implementation of DOLE and OWWA Programs;
(6) Human resource development, such as training
and skills upgrading;
(7) Gender-sensitive programs and activities to assist
particular needs of migrant workers;
(8) Orientation program for returning workers and
other migrants;
(9) Monitoring of the daily situation, circumstances
and activities affecting migrant workers and
other overseas Filipinos; Ensuring that labor and
social welfare laws in the receiving country are
fairly applied to migrant workers and other
overseas Filipinos; and
(10) Conciliation of disputes arising from employer-
employee relationship.
Each Migrant Workers and Other Overseas Filipinos
Resource Center shall be staffed by Foreign Service personnel, a
Labor Attaché and other service attachés or officers who represent
Philippine government agencies abroad.
The following personnel may be assigned to the Center:
(1) Psychologists, Social Workers, and a Shari’a or
Human Rights Lawyer, in highly problematic

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countries as categorized by the DFA and DOLE
and where there is a concentration of Filipino
migrant workers;
(2) Individual volunteers and representatives from
bona fide non-government organizations from
the receiving countries, if available and necessary
as determined by the Labor Attaché in
consultation with the Chief of Mission;
(3) Public Relations Officer or Case Officer
conversant, orally and in writing, with the local
language, laws, customs and practices; and/or
(4) Legal Officers (POEA/NLRC/DOLE) and such
other professionals deemed necessary by the
Secretary of Labor and Employment.
The POLO through the Labor Attaché, shall supervise and
coordinate the operations of the Migrant Workers and other
Overseas Filipinos Resource Center.
The Migrant Workers and other Overseas Filipino Resource
Center shall operate on a 24-hour basis including Saturdays,
Sundays and holidays. A counterpart 24-hour information and
assistance center to ensure a continuous network and coordinative
mechanism shall be established at the DFA and the DOLE/OWWA.
Enhance the capabilities of our consular personnel to
include the skill of interviewing and taking of statements for the
purpose of filing appropriate action with the proper court whether
in the Philippines or in the host country.
Of similar importance is the government’s extension of
onsite assistance and support to migrant workers and members of
their families. Said assistance would include the “Legal Assistance
for Migrant Workers Affairs” which is headed by the DFA and the
Migrant Workers and other Filipino Workers Resource Centers
(FWRCs) in countries where there are at least 20, 000 migrant
workers. To date, there are a total of twenty FWRCs all over the
world which are projected to assist Filipinos abroad who are now
estimated to be 8.73 million. Also, in support of these programs of
the government, are the 38 POLO posts, the latest having been
established in Johannesburg, South Africa. Based on the report of
the Repatriation and Assistance Division of OWWA, the total
number of cases received and acted upon from January to December
2008 is 1,329. Also, for the same period, a total of 5,123 migrant
workers and/or members of their families are given airport
assistance, 3,241 of whom belong to the distressed migrant
workers. A total of 2,723 workers were also assisted through

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OWWA’s halfway home accommodation program. Moreover, the
DFA declared the following statistics on the assistance given to
distressed migrant workers, with its partner government agencies:
(1) Handled a total of 61 death penalty cases and still
monitoring forty one of said cases in varying
stages of judicial proceedings;
(2) Repatriated en masse, approximately 7,172
Filipino deportees from Sabah; and
(3) Attended to 56 human trafficking cases involving
155 victims, which were endorsed to the Inter-
Agency Council Against Trafficking (IACAT), the
NBI for investigation and prosecution, and to the
CFO for assistance
For the period June to December 2008, a total of 147
Filipinos in distress were sheltered at the Filipino Workers
Resource Center (FWRC) and other similar institutions in Jeddah,
while 142 Filipinos were sheltered in Beirut.
A report from the Pastoral Committee of Asian-African
Migrants (PCAAM) stated that with the 406 cases of migrant rights’
abuse in Lebanon, Filipino women domestic workers account for
the largest nationality subjected to various forms of abuse by their
employers (234 or 58%) such as physical, psychological and sexual
abuses, inhumane living and working conditions, restriction of
movement, and withholding of travel documents.
In this regard, the Committee in 2009 recommended
providing adequate assistance through embassy and consulate staff
abroad to migrant workers, especially for those who are victims of
the “sponsorship” or kafalah system, particularly on women
domestic workers and those in the Gulf countries. The government
should endeavour to negotiate a reform or review of such a system
with the relevant countries of destination.
migrant workers in the countries of destination
The health of migrant workers is also one of the Philippine
government’s priorities in the PHRP II. In addressing this issue, an
appropriate amendment of the Migrant Worker’s Act (RA 8042)
shall be made, specifically adding provisions relative to medical
assistance to migrant workers such as, but not limited to, expansion
of PhilHealth coverage for migrant workers, mandatory
membership of migrant workers with SSS, and increased budget of
the POLOs to attend to the medical needs of migrant workers while
abroad.

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Under R.A. No. 10022, Migrant Workers and Overseas
Filipino Resource Center shall be established in countries where
there are large concentration of OFW’s as determined by the
Secretary of Labor and Employment. One of the services that
resource center provides is the welfare assistance including
procurement of medical and hospitalization services.
Initially, the following programs shall be made: (a) relevant
studies to support the amendment/s of RA 8042; (b) review of the
proposed amendment/s; and (c) organization of relevant lobby
groups of affected and concerned sectors. A report on the actual
status/progress of the legislation, preferably the passage for its
amendment shall be made by the respective Committees of the
Senate. This report would include the compilation of position
papers, endorsements from different sectors, and pledges or
commitments made by House of Representatives.
Further review of the standard employment contract of
overseas workers, sea-based and land-based workers, shall likewise
be pursued to provide effective remedies and measures against the
foreign employer/s and/or recruitment agency/ies.
Congress shall ensure the passage of the corresponding bill
pursuant to the amendment of the Act (RA 8045). On the other
hand, the POEA shall modify the existing standard employment
contract both for the land-based and the sea-based overseas
workers. Appropriate coordination between and among different
agencies of the government and the civil society organizations shall
also be done.
granted to the nationals of the receiving country.
Because of the difficulty faced by migrant workers in terms
of qualifying and receiving payment under the national security
systems of the receiving country, continuous efforts on negotiating
bilateral social security agreements shall be undertaken by the
Philippine government. Said efforts of having an increase in the
number of proposed and approved bilateral social security
agreements shall be initiated by the SSS and the DFA.
Under the Omnibus Rules and Regulations Implementing the
Migrant Workers and Overseas Filipinos Act of 1995, as amended by
Republic Act No. 10022, DOLE is mandated to provide On-Site
Protection to Migrant Workers. DOLE shall see to it that labor and
social welfare laws in the foreign countries are fairly applied to
migrant workers and whenever applicable, to other overseas

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55
Filipinos, including the grant of legal assistance and referral to
proper medical centers or hospitals.
Philippine Embassies through the Philippine Overseas Labor
Office (POLO) stationed in other countries conducts an outreach and
briefing activities on POLO, Overseas Workers Welfare Administration
(OWWA), Social Security System (SSS) and Pag-Ibig Fund programs and
services to Overseas Filipino Workers. The purpose of the
visits/briefings was to provide OFWs with basic knowledge/updates on
the Embassy's programs and services, particularly on labor and welfare
services and OWWA/SSS/PAG-IBIG Fund membership coverage.
OWWAs’ programs and benefits include:
(1) Disability, dismemberment, and death benefits, on
top of what was stipulated in the OFWs employment
contract;
(2) Education and training benefits, such as the
Scholarship and Incentive Programs for
OFWs/Seafarers which include:
a. Seafarers’ Upgrading Program (SUP) –
Scholarship for attendance to short-term
upgrading courses for seafarers. First
availment consists of PhP 7, 500.00 training
assistance. Availment in another training
course every after 3 recorded membership;
b. Mariners’ Dugtong Aral (MDA) – Scholarships
for qualified graduates of BS Mechanical
Engineering and BS Electrical Engineering,
consisting of a maximum of PhP 38,120.00
plus PhP 15,000.00 for 3-month stipend,
leading to a BS Marine Engineering degree.
These are for those who wish to board an
ocean vessel as qualified Marine Officers;
c. Incentive Program for Top 200 Maritime
Cadets (Cadetship Program) – A financial
incentive to top 100 students of BS Marine
Transportation and top 100 students of BS
Marine Engineering who passed the Maritime
School Assessment Program, consisting of a
maximum of PhP 30,000.00 per cadet to be
used in processing documentary
requirements needed in boarding an
international vessel;

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d. Marine Educational Development Loan
Program (MEDLOP) - A “Study Now, Pay
Later” program. MEDLOP is an interest-free
financial assistance to defray the cost of
tertiary education of prospective Marine
Officers and Engineers with guaranteed
International Onboard Employment.
And the Scholarships for Dependents which include:
e. Education for Development Scholarship
Program (EDSP) – Scholarships for qualified
dependents of OFWs consisting of a
maximum of PhP 60,000.00 per school year,
leading to a four-to-five year baccalaureate
course in any college or university;
f. OFW Dependents Scholarship Program
(OFWDSP) – Scholarships consisting of a
maximum of PhP 20,000.00 assistance per
school year leading to a baccalaureate or
associate degree in a state college or
university. OFW parents must have a monthly
salary of not more than $400.00;
g. Education and Livelihood Assistance Program
(ELAP) – Scholarships for survivors of
deceased OFWs consisting of Php5,000.00 for
elementary, Php8,000.00 for high school, PhP
10,000.00 for college (per school year) and
livelihood assistance of PhP 15,000.00 for the
surviving spouse;
h. Tuloy-Aral Project (TAP) – An educational
assistance consisting of US$100.00 financial
support solicited from sponsors to augment
the school needs of less fortunate elementary
and high school children of former OFWs;
i. Tuloy-Kolehiyo – An extension of the TAP to
pursue the tertiary level of education of the
TAP scholars leading to either an associate or
baccalaureate degree.
Short-Term Programs for OFWs and dependents
j. Skills-for-Employment Scholarship Program
(SESP) – Scholarships for attendance to short-
term training program consisting of a
maximum of Php14,500.00 per course

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57
leading to the completion of a vocational or
technical course in any school accredited by
TESDA;
k. OWWA-Microsoft Tulay – A joint undertaking
with Microsoft Corporation providing OFWs
and their families free information and
communication technology (ICT) skills
training, the purpose of which is to bridge the
communication gap through the use of
internet between the OFW and his/her
family.
Workers Welfare Assistance Program
l. On-Site Welfare Case Management – includes
request for assistance on OFWs’ whereabouts,
psychosocial counselling, conciliation, airport
assistance, hospital/prison/work camp
visitations and legal assistance to OFWs who
wish to pursue labor/welfare case in the
court of the host country;
m. In-Country Welfare Case Management –
Includes requests by families and NOKs (next-
of-kin) for assistance from Post, post-
repatriation assistance, counselling, referrals,
and other concerns. Requests for assistance
from NOKs or from OFWs can be channelled
through the 24/7 Operation Center.
For Pag-Ibig Fund programs for OFW’s, under Rep. Act. No. 9679
or the Home Development Mutual Fund Law of 2009, an OFW-member
will contribute a minimum of only P100 a month as contribution, much
lower than the US$5 an OFW contributed before.
Under Pag-Ibig’s Universal or expanded membership coverage,
all Overseas Filipino Workers and Filipinos employed by foreign-based
employers, whether deployed in the country or abroad, are mandatorily
covered beginning January 2010. Some of the benefits that the new
HDMF Law offered to OFW-members which they can avail are:
(1) Savings. Members contribution are credited to their
savings or the total accumulated value that earn
dividends and fully guaranteed by the national
government;
(2) Short-term loans. OFW-members can avail of short-
term loans that will help address their immediate
financial needs such as payment for tuition fees,

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58
hospital bills, appliance purchases, minor home
repairs, and even for small business capital; and
(3) Housing loan. OFWs can apply for a home financing
loan that has an interest rate of as low as 6% to 11.5%
payable in 30 years.
Another program crafted to benefit the OFWs is integrated in
R.A. No. 8042, as amended by R.A. No. 10022 as new Section 37-A which
provides for Compulsory Insurance Coverage for Agency-Hired
workers. In addition to the performance bond to be filed by the
recruitment/manning agency under Sec. 10 of R.A. 10022, each migrant
worker deployed by a recruitment/manning agency shall be covered by
a compulsory insurance policy which shall be secured at no cost to the
said worker and such insurance policy shall be effective for the duration
of the migrant workers employment.
Moreover, the “One-Stop Shop” shall be expanded for voluntary
enrolment of migrant workers in the regional offices to provide easy
access to clients outside of Metro Manila. Possible mandatory
enrolment of migrant workers shall also be looked into as an eventual
development by the SSS.
In connection with the Philippine government’s policy to
provide social security protection to all residents of the Philippines,
citizens and non-citizens alike, regardless of creed, gender, age,
geographic location, it continuously and aggressively negotiated for
more bilateral/regional/ multilateral and social security agreements.
This fact was acknowledged by the Committee on CMW in 2009
when it welcomed the bilateral social security agreements concluded by
the Philippine government in so far as such agreements promote the
rights of migrant workers and members of their families.
The Philippines has existing bilateral social security agreements
with the following countries:
(1) RP-Austria Social Security Convention;
(2) RP-Belgium Social Security Agreement;
(3) RP-Canada Social Security Agreement;
(4) RP-Quebec (Province of Canada) Understanding on
Social Security;
(5) RP-France Social Security Convention;
(6) RP-Korea Social Security Agreement;
(7) RP-Netherlands on the Export of Social Insurance
Benefits;
(8) RP-Spain Social Security Convention;
(9) RP-Switzerland Social Security Agreement, and;
(10) RP-United Kingdom of Great Britain and Northern
Ireland Social Security Convention.

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On the other hand, we have pending social security agreements
with Israel and Korea.
Thematic Objective 6: To implement a comprehensive program for
the return, resettlement, and cultural reintegration of migrant
workers and members of their families.
The Philippine government's reintegration programs dovetails
with the continuing deployment of Filipino workers seeking better
employment opportunities abroad. In the move to further enhance
these programs, additional human resources at the DOLE-NRCO and its
regional counterparts are imperative. Funds and activities of the DOLE-
NRCO also need to be decentralized to the regional offices for faster
implementation.
The DOLE-NRCO shall lobby for the augmentation of their
human resources and shall initiate actions to popularize its programs
through information, education and communication materials. Further,
it shall be responsible for decentralizing its funds and activities to its
regional counterparts.
The following are the components of the National Reintegration
Program of the DOLE-NRCO:
Counselling:
(1) Counselling on values formation, family support, and
importance of preparing for their eventual return and
realization of their family goals as an offshoot of
overseas employment;
(2) Counselling on re-entry options such as wage
employment, livelihood, entrepreneurship and
business options;
(3) Counselling on savings, financial planning, money
management and investment options.
Training and Capability
(1) Skills training, retooling and upgrading;
(2) Financial Literacy/Money Management;
(3) Entrepreneurship Training.
Wage Employment
(1) Job search assistance for local or overseas
employment.

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60
Entrepreneurship/Micro-Enterprise Development
(1) Assistance for business capital (or starter kits);
(2) Assistance to obtain business loans and other credit
facilities;
(3) Assistance for technology and product development
and marketing.
Reintegration Program Components for Distressed OFW
Returnees
(1) Rescue and temporary shelter assistance;
(2) Legal assistance;
(3) Medical assistance;
(4) Repatriation assistance.
a. Airport assistance;
b. Transfer assistance to residence.
Furthermore, the DOLE-NRCO shall strengthen its Assistance
Desk by providing face-to-face as well as on-line answers to queries of
OFWs. After evaluating their needs, the Assistance Desk shall refer them
to the appropriate Unit or service provider which shall assure delivery
of needed assistance, based on the following menu of services:
(1) Job Search Assistance;
(2) Entrepreneurship and Enterprise Development;
(3) Training and Re-tooling Assistance;
(4) Psycho-social Services;
(5) “Brain Gain” Movement Initiatives;
(6) LGU, Community, and NGO Linkages;
(7) Special Retirement Program;
(8) Special Remittance Package;
(9) Investment Portfolios;
(10) Advocacy and Information Programs as a Stepping
Stone to Family Circles.
Lastly, there shall be intensive advocacies and campaigns of
these projects relative to the return, resettlement, and cultural
reintegration of migrant workers and members of their families.
protection and welfare of the children of migrant workers
Equally important with the rights of the migrant workers are
the rights of their children left behind. Studies shall be conducted to
include the review of the existing policy on the mandatory foreign
remittances allotted to dependents of migrant workers. Also,
workshops and information campaigns on the protection of the rights of
the migrant workers shall be undertaken.

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61
Relevant lobby groups of affected and concerned sectors shall
be organized and shall be composed of relevant government agencies
and NGOs. The design and conduct of policy advocacy programs shall
also follow.
The OWWA is the lead government agency tasked to protect and
promote the welfare and well-being of OFWs and their dependents.
Section 12 of the IRR of R.A. 10022 mandates that OWWA shall continue
to formulate and implement welfare programs for OFWs and their
families in all phases of overseas employment. Further, it shall report
status of said programs and actions to PHRC as the overall monitoring
body.
With either or both parent working abroad, the child/children
is/are left behind, with no emotional support system except their peers,
which sometimes lead to their being swayed into vices. Reports have
been told about family break ups brought about by the absence of
parents who are working abroad. This may be considered as one of the
damaging effect of labor migration. Hence, we recognize the role of
government agencies, such as OWWA and DSWD, in advancing
programs for the promotion of the rights and welfare of children left
behind by Filipino migrant workers.
To complete the cycle of labor migration, the Philippine
government initiated programs for the return, resettlement, and
cultural reintegration of migrant workers and members of their
families. The OWWA started the government's OFW reintegration
program in 1987. Subsequently, the Hong Kong-based Asian Migrant
Center also pushed reintegration programs in the 1990s. It organized
the first regional consultation on reintegration in Manila with the
participation of NGOs from Hong Kong, Japan, Korea, Taiwan, Malaysia,
Indonesia, Thailand, Nepal and the Philippines. Other NGOs, like the
Episcopal Commission for the Care of Migrant and Itinerant Peoples
(ECMI), have actively pushed practical efforts complementing
government programs aimed at boosting the morale and well being of
OFWs and their families.
The DOLE in March 2007 has established the National
Reintegration Center for Overseas Filipino Workers (NRCO) to assist
returning OFWs in preparation for their socio-economic reintegration
through the conduct of raining programs on values formation, skills
enhancement, and capacity building course. Since then, the following
programs were created:
(1) NRCO Assistance Desk provides “face-to-face” as well
as “online answers” to queries of OFWs. After
evaluating their needs, the NRCO Assistance Desk
refers them to the appropriate unit or service
provider which shall assure delivery of needed
assistance;

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62
(2) NRCO OFW Counselling Services guides OFWs and
their families on values formation and preparation
for eventual reintegration. Services include choosing
re-entry options such as employment and livelihood,
financial and investment opportunities; participation
in brain-gain initiatives and retirement programs,
sharing of expertise as part of their social and
economic commitments in their respective
communities;
(3) NRCO OFW Capability Enhancement Services which
equip OFWs and their families with knowledge/skills
in their desired re-entry options toward their
personal, economic and community reintegration.
Services include financial literacy; financial planning
and management, savings and special remittance
schemes; investment options/opportunities;
(4) NRCO OFW Linkaging and Networking Services
which connect OFWs and their families with
reintegration needs to appropriate stakeholders, or
service providers. Services include assisting OFWs
and their families in: business formation; access to
credit facilities; technology and product
development; market assistance; skills upgrading/re-
tooling, among others;
(5) OWWA One-Stop Shop which enables vacationing
OFWs to secure their overseas employment
certificates and processes other requirements
without the OFWs going from one agency to another;
(6) One-Stop Center for Returning OFWs participated in
by OWWA-NRCO, Bureau of Local Employment
(BLE), POEA, TESDA, Technology Resource Center
(TRC), SSS, and PhilHealth;
(7) DSWD After-care Program for Returning OFWs in
Crisis which includes counselling and other
psychosocial services, food, medicines, temporary
shelter and other basic needs, when indicated;
repatriation services which are facilitated by a social
welfare attaché based in Malaysia and social workers
in Kuwait, Jeddah, Dubai, Abu Dhabi, Lebanon, Hong
Kong and Riyadh; critical incident stress debriefing
(CISD) to OFWs who had traumatic experiences in
their workplaces; and referral to concerned agencies
to legal and medical assistance and other appropriate
services; and
(8) The OWWA-NLSF LDPO Project which is a joint
undertaking of OWWA and National Livelihood
Support Fund (NLSF) to address the economic
component of the OFW Reintegration Program. It is
meant to further improve access to entrepreneurial
development opportunities and credit facilities to

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OFWs, their families, and organizations. Possible
enterprises include: (a) trading; (b) services; (c)
manufacturing; and (d) agri-business.
Thus, in 2009, the Committee on the CMW noted with interest
the information on the Philippine government’s strategic reintegration
program for migrant workers returnees, including family members.
Nevertheless, the Committee encouraged the Philippines to work in
partnership with all relevant partners to strengthen the existing
reintegration program, especially with regard to addressing brain drain
and developing knowledge transfer initiatives or brain gain schemes. It
also recommended allocating sufficient budget for OFW reintegration
programs, in particular to the NRCO and strengthening said programs in
order to ensure migration gains and involvement of Filipino returnees
in projects that can lead to job creation in the Philippines. The
Committee likewise expressed its concern over the situation of the
children of migrant workers and the negative impact of their parent’s
migration abroad. Information presented before the Committee pointed
out that children with at least one parent working overseas are living
with loose family ties and performing worse in school, notably in the
case of an absent mother. This was a concern of the Committee given
that 50 percent of all Filipino migrant workers are women. With that,
the Committee encouraged the Philippine government to support a
comprehensive study on the situation of children of migrant families,
with the aim of developing adequate strategies.

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64

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65
Table 7.3 Programs, Projects and Activities
Thematic Objective 1: To implement continuing information dissemination program on the rights of migrant workers and members of their families by the concerned government
agencies and authorities both at the national and local levels
Performance Targets Programs, Projects
and Activities
Coverage Responsible Stakeholders Target Dates Expected Outputs
Medium Targets Annual Targets Dutybearers Claimholders
Completed stages of
nationwide
information
campaign
Enhanced shared
information system
of migration
Strengthened Pre-
Departure
Orientation
Seminars/Programs
2012
Information
dissemination
to priority
provinces
2013 -
Information
dissemination
to priority
regions
2014 -
Information
dissemination
to other
provinces
2015-2016 -
Information
dissemination
to other
regions
2012 -
Identify
information
covered d by
the system
Conduct of studies,
regular dialogues, and
workshops on migrant
workers
Continuing public
dialogues & public
information
dissemination programs
regarding the CMW and
for the enhancement
and empowerment of
MWs especially women
National/
Local
National/
Local
DFA-UNIO
DFA-OUMWA
POEA
OWWA
BID
CFO
LGUs
CSOs (e.g. PAHRA,
CMA, Migrante,
KALAHI Advocates
for OFWs)
-do-
Migrant workers and
members of their
families
-do-
Every quarter of
each year from
2012 onwards
Every quarter of
each year from
2012 onwards
Studies, policy
recommendations,
agency action and
commitment Plans,
improved systems and
procedures of the
government
Public report on the
Status of Migrant
Workers, Printed and
disseminated
Information,
Education and
communication
materials, Report on
Actions and
Resolutions for public
issues and concerns

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66
2013 –
onwards -
Establishmen
t of the
Information
System
2014-2016 –
Enhancement
of the
Information
System
Establishment/Enhance
ment of Shared
Government Information
System of Migration
Strengthening
PDOS/PDOP
National
National
DFA
DOLE-POLOs
POEA
OWWA
DOT
B
I
D
N
B
I
N
S
O
O
W
W
A
P
O
E
A
-do-
-do-
4
t
h
Q
u
a
r
t
e
r
o
f
2
0
1
2
2
0
1
3
o
n
w
a
r
d
s
Response Team
across agencies
Effective monitoring
system for the
conduct of
PDOS/PDOP

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67
Thematic Objective 2: To sustain advocacy for bilateral agreements, memoranda of understanding, and other similar instruments, especially with those countries of destination where
discriminatory treatment and abuse are more frequent.
and Activities
Coverage Responsible Stakeholders Target Dates Expected
OutputsMedium Targets Annual Targets Dutybearers Claimholders
Increased number
of bilateral
agreements with
receiving
countries as well
as increase in the
number of BAs
under
negotiations
2012-2016 – Pursue
pending negotiations
of bilateral
agreements and
initiate additional
negotiations;
2014-2016 – 20%
increase in the
number of bilateral
agreements.
Continuing negotiations
of bilateral agreements
with other receiving
countries specially
where the incidence of
discrimination and abuse
are more frequent;
Public reporting on the
genera status of migrant
workers in countries
covered by BAs;
Redefinition of all
existing BAs for their
effective enforcement in
line with the full
promotion and
protection of the
fundamental human
rights of MWs,
particularly with those
BAs entered into with
Middle East countries
where there are policies
for exit permits,
passport retention made
by foreign employers
and contract
substitution.
National
National
National
DFA
POEA
OWWA
DOLE-ILAS (POLOs)
DFA
DFA
DOLE
ILAS (POLOs)
Migrant workers and
members of their
families
-do-
-do-
2012 onwards
Every quarter of
each year
from 2012-2016
2012 onwards
Proposed/Approve
d bilateral
agreements
entered into by RP
with the receiving
countries,
exhaustively
protecting the
migrant workers
Public Report on
the General Status
of Migrant
Workers in
countries covered
by BAs;
Review result and
possible
amendment/redefi
nition of existing
BAs.
Thematic Objective 3: To provide adequate consular services, welfare assistance and other available legal remedies in the host countries and in the Philippines
and Activities
Increased number
of migrant workers
assisted in the
receiving country
through
2012 -2016 - Study
efficiency of
assistance provided
by offices abroad
based on the
Creation of additional
offices abroad/
expansion of existing
POLOs and to have their
National DFA
DOLE-POLOs
Migrant workers and
members of their
families
2012 onwards Quarterly report
on the status and
progress of
putting additional
offices

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68
strengthened post-
arrival programs
and services
Proportionate
number of
assisting personnel
as to the number
of migrant workers
Increased number
of consular offices
and/or POLOs to
the total number of
countries
proportionate with
the number of
Filipino migrant
workers, both
through
additional/expande
d consular offices
and POLOs.
proportion of number
of assisting personnel
to number of migrant
workers to be
assisted and for the
conduct of post-
arrival seminars to
priority countries;
2012-2016 - Provide
based on the study
conducted and for the
conduct of post-
arrival seminars to
other countries;
2012-2016 - Full
expansion of offices,
consular services and
POLOs and enhanced
post-arrival services
and programs.
which should be in
proportion to the
number of migrant
workers residing within
their respective
jurisdictions;
Continuing improvement
of systems and
procedures in the
delivery of
services/assistance to
migrant workers;
Conduct of post-arrival
seminars and strengthen
programs in line thereto
for the enhancement of
services for the
protection of migrant
workers.
National
National
DFA
DOLE-POLOs
OWWA
DSWD
CSOs
DFA
DOLE-POLOs
-do-
-do-
2012 onwards
2012 onwards
abroad/expansion
of existing POLOs,
additional
personnel
Quarterly reports
on migrant workers
given assistance by
type of available
recourse;
Post arrival
seminars
conducted, agency
action and
commitment plans
and enhanced
programs.
Thematic Objective 4: To provide urgent medical assistance to migrant workers in the countries of destination
and Activities
Amended Migrant
Worker’s Act of
1995 (RA 8042)
2012–Advocacy and
lobbying up to first
and second reading;
lobbying up to the
lobbying up to its
passage and adoption
of Implementing
Rules and
Regulations (IRR);
2014-2016–
Conduct of relevant
studies to support the
amendment/s of
existing legislations;
Review the proposed
amendment/s as to
CMW compliance;
Organization of relevant
Lobby Groups of
affected and concerned
National
National
DOLE
POEA
OWWA
NRCO
ILAS (POLOs)
DFA
DFA-OUMWA
CSOs with Senate
Committees
-do-
Migrant Workers and
members of their
families
-do-
2012 onwards
2012 onwards
Study results to
support
amendment of
existing
legislations
Comments from
concerned agencies
and CSOs

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69
Implementation of
the amended law.
sectors;
Design and conduct of
policy advocacy
programs.
National/Loc
al
National/Loc
al
-do-
-do-
-do-
-do-
2012 onwards
2012 onwards
Inventory of
government
agencies/CSOs
comprising the
Lobby Groups to
include an account
of their respective
participation;
Report on actual
status/progress of
the legislations,
preferably for their
amendment;
Compilation of
position papers,
endorsement from
different sectors;
Compilation of
pledges or
commitments made
by Congressmen.
Thematic Objective 5: To provide social security to migrant workers in their State of employment with the same treatment granted to the nationals of the receiving country
and Activities
OutputsMedium
Targets
Annual Targets Dutybearers Claimholders
Increased number
of migrant
workers covered
by the Social
Security System
by expanding the
One-Stop Shop
Program at the
regional offices
for SSS availment
of migrant
2012-2016 onwards –
Pursue pending
negotiations of BAs
and initiate additional
negotiations;
2012-2014 – 20%
increase in number of
existing BAs on social
security
Negotiations of bilateral
agreements which
provide social security to
migrant workers;
One Stop Shop for SSS
availment of MWs to be
National
Local
SSS
DFA
ILAS
POEA
OWWA
CSOs (e.g. PAHRA,
CMA, Migrante,
KALAHI-Advocates
for OFWs;
SSS and its regional
Migrant workers and
members of their
families
2012 onwards Proposed/Approve
d bilateral
agreements
entered into by RP
with the receiving
countries;

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70
workers;
Increased number
of bilateral social
security
agreements
entered into with
other countries.
2012- Setting up of
One-Stop Shops in
priority provinces;
2013- Setting up of
One-Stop Shops in
priority regions;
2014- Setting up of
One-Stop Shops in
other provinces;
2015- 2016 setting up
of One-Stop Shops in
other regions.
expanded in the ROs. counterparts
DOLE ROs.
-do- -do- Established one-
stop shop in the
ROs.
Thematic Objective 6: To implement a comprehensive program for the return, resettlement, and cultural reintegration of migrant workers and members of their families
and Activities
OutputsMedium
Targets
Increased
number of
assisted
returning
migrant workers
and members of
their families by
having additional
human resources
at DOLE-NRCO
and its regional
counterparts;
Increased
number of
programs for the
return,
resettlement,
and cultural
reintegration of
migrant workers
and members of
their families;
2012 - 2016 - Study
provided by DOLENRCO
and regional offices
based on the proportion
of number of assisting
MWs to be assisted;
2012 -2016 - Provide
based on the study
conducted and
decentralize funds and
programs to the regional
offices;
2012-2016 - Full
provision of additional
personnel and full
decentralization of funds
and programs to the
regional offices.
Provision of additional
human resources at
DOLE-NRCO and its
Regional Offices in order
to sufficiently answer to
the needs of returning
migrant workers;
Decentralization of
funds and activities of
NRCO to the ROs for
fast implementation on
the root level;
Intensive advocacy of
projects relative to
return, resettlement,
and cultural
reintegration of migrant
workers and members
of their families;
Local
Local
NRCO
ROs
DOLE
NRCO
ROs
Workers and
members of their
families
-do-
2012 onwards
2012 onwards
Report on the
status/progress of
the augmentation
of human
resources;
Decentralized
funds and
activities of NRCO;

_______________________________________________________________________________________________________________
71
National/
L
o
c
a
l
DOLE-NRCO
ROs
LGUs
PESO
DSWD
TESDA
DTI
CSOs
-do- 2012 onwards Printed and
disseminated
information,
education and
communication
materials;
Thematic Objective 7: To develop adequate measures for the protection and welfare of the children of migrant workers
and Activities
OutputsMedium
Targets
Increased
number of
programs and
policies
established and
implemented to
protect the
rights of the
children of
MWs.
2012-2016- Lobbying for
the creation of additional
programs and policies
based on the study
conducted;
2012 -2016- Policies and
programs
formulated/developed
and implemented.
Conduct of studies
(includes review of
existing policy on the
mandatory foreign
remittances allotted to
dependents of MWs),
workshops and
information campaign
relative to the rights of
children of MWs;
Organization of relevant
lobby groups of affected
and concerned sectors;
Design and policy
advocacy programs.
National/
Local
National/
Local
National/
Local
OWWA (ROs)
POEA
DOLE
DSWD
LGUs
CSOs
OWWA (ROs)
POEA
DOLE
DSWD
LGUs
CSOs
OWWA (ROs)
POEA
DOLE
DSWD
LGUs
CSOs
Migrant workers and
members of their
families
-do-
-do-
Every quarter of
each year from
2012 onwards
2012 onwards
2012 onwards
Studies, policy
recommendations,
agency actions and
commitment plans;
Inventory of
government
agencies/CSOs
comprising the
lobby groups to
include an account
of their respective
participation;
Report on the
actual
status/progress of
the
policies/programs
catering to the
needs of children of
migrant workers;
Compilation of

_______________________________________________________________________________________________________________
72
position papers,
endorsements from
different sectors,
and other relevant
working materials.

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73
Section 5
Linkages with Other Development Initiatives
and Plans
The PHRP II can be linked with the different development plans
of action of the government particularly with the Philippine
Development Plan (PDP) 2011-2016. Both the PHRP II and the PDP
have a common goal of ensuring a better quality of life for the Filipino
people.
The CMW chapter of the PHRP II is specifically linked to Chapter
8 of the PDP which addresses social security and protection concerns of
Filipino migrant workers, to wit:
“Social security and protection of OFWs are
growing concerns, given the limited coverage
of the SSS, PHIC, and OWWA. Out of 8.6
million OFWs in 2009, 4 million are
permanent migrants, 3.9 million are
temporary OFWs and 658,370 are irregular
migrants.
There is therefore, a need to review the
viability of current social security and
welfare fund schemes, given the limited
capacity and resources of the country’s social
security and welfare fund institutions.
Another challenge is the exclusion of
domestic workers, the top occupational
category with respect to deployment of
landbased OFWs, in most of the social
security laws particularly in top destination
countries.
Further, the following strategies shall be undertaken:
“1. Achieve and sustain universal coverage of
the poorest and vulnerable sectors, including
the informal sector and overseas Filipino
workers who can afford to pay:
xxx
2. Develop enhanced social insurance
measures for vulnerable groups against
economic and natural shocks particularly for
laid-off workers:

_______________________________________________________________________________________________________________
Families
74
a) xxx
b) xxx
c) xxx
d) Implement mandatory SSS coverage
for landbased OFWs and include SSS
enrolment as prerequisite in the
issuance of the Overseas Employment
Certificate

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75
SECTION 6
Human Rights Capacity Building Plan
In the process of the PHRP II, from the preparatory stage,
development and implementation, to monitoring and review, the
dutybearers and the claimholders have their respective
responsibilities to carry.
Both the dutybearers and the claimholders are required to
have: (a) adequate understanding of CMW; (b) familiarization with
previous CMW country reports to the Committee on the Protection
of the Rights of All Migrant Workers and Members of Their Families
(CPRMW) as well as other related development plans of the
government; (c) knowledge on HRBA; and (d) skills on networking
with other relevant agencies and organizations.
Similar importance would be the duty bearer’s knowledge
in: (a) rights-based policy formulation; (b) rights-based
programs/projects development; (c) human rights indicators
setting and monitoring; (d) networking; (e) rights-based monitoring
and evaluation system, techniques and tools; (f) rights-based
programs/projects review; and (g) human rights reporting skills.
However, the following are the identified capability gaps
and weaknesses: (a) limited knowledge on CMW; (b) lack of time for
research and data gathering, as well as coordination; (c) lack of
coordination from other relevant sectors; (d) unfamiliarity with
applicable human rights standards and indicators; (e) lack of
experience on rights-based approach application; (f) lack of
experience and capacity in CMW compliance monitoring and
projects/programs monitoring; and inadequate skills in rights-
based monitoring and evaluation.
To overcome these weaknesses, programs for capacity
building are likewise lined up both for the duty-bearers and the
claimholders. These programs, among others, would include: (a) a
series of orientations and study circles; (b) strict implementation of
their respective designation orders and commands; (c) trainings
and seminars on the Convention (CMW) and the rights-based
approach; (d) conduct of coaching sessions on the application of
human rights and rights-based approach; and (e) setting up of a
monitoring and evaluation system for the Convention (CMW) and
the PHRP II projects/programs.

_______________________________________________________________________________________________________________
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76

_______________________________________________________________________________________________________________
77
Table 7.4 Human Rights Capacity Building Plan
Thematic
Objective/s
Education and
Training
Activity/ies
Coverage Target Participants Respon-
sible
Parties
Expected
Outputs
Duty-bearers Claimholders
1.To
implement
continuing
information
disseminatio
n on the
rights of
migrant
workers
and
members of
their
families by
the
concerned
government
agencies and
authorities
both at the
national and
local levels
Series of
orientations
and study
circles;
Training and
seminars on the
CMW and the
HRBA;
Conduct of
coaching
sessions on the
application of
human rights
and HRBA;
Setting up of a
monitoring and
evaluation
system for the
CMW and the
PHRP II
projects and
programs;
National/Local
-do-
-do-
-do-
DFA-UNIO
DFA-OUMWA
DOLE
DOLE-ILAB
POLOs
POEA
OWWA
BID
CFO
LGUs
NBI
NSO
NSCB
CSOs (e.g.
PAHRA, CMA,
Migrante,
KALAHI-
Advocates for
OFWs)
Migrant workers
and members of
their families;
Applicants for
overseas work
-do-
-do-
PHRC
CHRP
DOLE
-do-
-do-
-do-
Series of
orientation/
studies/train
ing/seminar
s/coaching
sessions/mo
nitoring and
evaluation
system
2. To
sustain
advocacy for
bilateral
agreements,
memoranda
of
understandi
ng, and
other similar
instruments,
especially
with those
countries of
destination
where
Series of
orientations
and study
circles;
Trainings and
seminars on
CMW and
HRBA;
Conduct of
coaching
sessions on the
application of
human rights
National
-do-
-do-
DFA
POEA
OWWA
DOLE-ILAS
(POLOs)
-do-
-do-
Migrant workers
and their families
PHRC
CHRP
DOLE
Series of
orientations
/studies/trai
ning/semina
rs/coaching
sessions/mo
nitoring and
evaluation
system.

_______________________________________________________________________________________________________________
78
discriminato
ry treatment
and abuse
are more
frequent.
and the HRBA;
3. To
provide
adequate
consular
services,
welfare
assistance
and other
available
legal
remedies in
the host
countries
and in the
Philippines
Series of
orientations
and study
circles;
Training and
seminars on the
CMW and
HRBA;
National
-do-
DFA
DOLE-POLOS
OWWA
DSWD
CSOs
Migarnt workers
and members of
their families
PHRC
CHRP
DOLE
Series of
orientations
/studies/trai
nings/semin
ars/coaching
sessions/mo
nitoring and
evaluation
system.
4. To
provide
urgent
medical
assistance to
migrant
workers in
the
countries of
destination
Series of
orientations
and study
circles;
Trainings and
seminars on
CMW and
HRBA;
National/Local
-do-
DOLE
POEA
OWWA
NRCO
ILAs (POLOs)
DFA-UNIO
DFA-OUMWA
DOH
PhilHealth
Senate
Committees
CSOs (e.g.
PAHRA, CMA,
Migrante,
KALAHI
Advocates, for
OFWs)
Migrant workers
and members of
their families
PHRC
CHRP
DOLE
Series of
orientations
/studies/trai
ning/semina
rs/coaching
sessions/mo
nitoring and
evaluation
system
5. To
provide
social
security to
migrant
workers in
their State of
employment
Series of
orientations
and study
circles;
Training and
seminars on
CMW and HRBA
National/Local
-do-
SSS and its
regional
counterparts
DFA
ILAs
POEA
OWWA
DOLE ROs
Migrant workers
and members of
their families
PHRC
CHRP
DOLE
Series of
orientations
/studies/trai
nings/semin
ars/coaching
sessions/mo
nitoring and
evaluation

_______________________________________________________________________________________________________________
79
with the
same
treatment
granted to
nationals of
the receiving
country
CSOs (e.g.
PAHRA, CMA,
Migrante,
KALAHI
Advocates for
OFWs
system
6. To
implement a
comprehensi
ve program
for the
return,
resettlement
, and cultural
reintegratio
n of migrant
workers and
members of
their
families
Series of
orientations
and study
circles;
Trainings and
seminars on
CMW and HRBA
National/Local
-do-
DOLE-NRCO
ROs
LGUs
PESO
DSWD
TESDA
DTI
CSOs
Migrant workers
and members of
their families
PHRC
CHRP
DOLE
Series of
orientations
/studies/trai
nings/semin
ars/coaching
sessions/mo
nitoring and
evaluation
system
7. To
develop
adequate
measures
for the
protection
and welfare
of the
children of
migrant
workers
Series of
orientations
and study
circles;
Trainings and
seminars on
CMW and
HRBA.
National/Local
-do-
OWWA
POEA
DOLE
DSWD
LGUs
CSOs
Children of
migrant workers
PHRC
CHRP
DOLE
Series of
orientations
/studies/trai
nings/semin
ars/coaching
sessions/mo
nitoring and
evaluation
system

_______________________________________________________________________________________________________________
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80
SECTION 7
Coordination and Management Plan
To ensure effective and efficient implementation of the
CMW chapter, two different coordinative mechanisms have been
identified.
First, different inter-agency committees will be created by
the accountable agencies to lead in each thematic objective, but if
two or more accountable agencies are identified, any of the
agencies will be accountable. The composition or membership of
each committee shall be the identified responsible/ coordinating
agencies. The representation from the sectors of migrant
workers and members of their families shall likewise form part
of said committees.
Second, if the need arises for the creation of a particular
plan, program, or action, a task force or a project implementing
team shall be organized within a specified period covering the
implementation and the completion of each project. This task
force or team shall be headed by the accountable agency, if it was
likewise identified as one of the responsible/ cooperating
agencies in the respective plan/program/action. If not, one
agency among the identified responsible/ cooperating agencies
will head the team. Again, the sectors of migrant workers and
members of their families shall be represented in form part of
the Task Force/Team.
These committees, task force, and/or project
implementing team shall be under the close supervision of the
lead agency which is the DOLE. In effect, regular reporting must
be submitted to it relative to the progress of each plans,
programs, and actions.
Respective sources of mandates, such as but not limited to,
executive orders, administrative orders, memorandum of
agreement, and memorandum of understanding shall be issued
for the operation of said committees, task force, and/or project
implementing team.

_______________________________________________________________________________________________________________
Families
81
Table 7.5 Coordination and Management Arrangements
Thematic Objective Committee/Task Force/Project Implementing Team
Head Members
Thematic Objective 1: To
implement continuing
information dissemination
program on the rights of
migrant workers and
members of their families by
the concerned government
agencies and authorities
both at the national and
local levels
DFA/DOLE DFA-UNIO
DFA-OUMWA
DOLE
DOLE-ILAB (POLOs)
POEA
OWWA
BID
CFO
LGUs
NBI
NSO
NSCB
CSOs (e.g. PAHRA, CMA,
Migrante, KALAHI Advocates for
OFWs)
Representatives of migrant
workers and members of their
families
sustain advocacy for bilateral
agreements, memoranda of
understanding, and other
similar instruments,
especially with those
countries of destination
where discriminatory
treatment and abuse are
more frequent
DFA DFA
POEA
OWWA
DOLE-ILAS (POLOs)
Representative/s of migrant
families
provide adequate consular
services, welfare assistance
and other available legal
remedies in the host
countries and in the
Philippines
DFA/DOLE DFA
DOLE-POLOs
OWWA
DSWD
CSOs
families
provide urgent medical
assistance to migrant
workers in the countries of
destination
Congress DOLE
POEA
OWWA
DSWD
CSOs
families
Thematic Objective 5: To SSS SSS and its regional counterparts

_______________________________________________________________________________________________________________
Families
82
provide social security to
migrant workers in their
State of employment with
the same treatment granted
to the nationals of the
receiving country
DFA
ILAS
POEA
OWWA
DOLE ROs
CSOs (e.g. PAHRA, CMA,
Migrante, KALAHI-Advocates for
OFWs
families
implement a comprehensive
program for the return,
resettlement, and cultural
reintegration of migrant
workers and members of
their families
DOLE-NRCO DOLE-NRCO
ROs
LGUs
PESO
DSWD
TESDA
DTI
CSOs
families
develop adequate measures
for the protection and
welfare of the children of
migrant workers
OWWA OWWA (ROs)
POEA
DOLE
DSWD
LGUs
CSOs
families

_______________________________________________________________________________________________________________
Families
83
Figure 7.1 Organizational Structures for CMW Thematic Cluster

_______________________________________________________________________________________________________________
Families
84
SECTION 8
Resource Generation and Mobilization Plan
The identified plans, programs, and actions in this thematic
chapter shall be incorporated in the plans and programs of the
concerned agencies, as well as in the PDP for 2011-2016. This is to
ensure the allocation of necessary funds by the DBM and Congress.
Other funds and resources shall be generated from donor agencies such
as international, regional, and national institutions.
Table 7.6 Resource Mobilization Plan
Program/Project/
Activity
Resource Requirements by Source
Regular
Government Budget
Development Partners
(*The funds are still to be
negotiated with ODA or
other development
partners)
Other
Sources
Total Budget
Consultations and Cluster
Meetings
P1,000,000.00 P500,000.00 - P1,500,000.00
Conduct of sectoral,
national and local
consultations involving
duty-bearers and
claimholders
P1,000,000.00 P500,000.00 - P1,500,000.00
Conduct of trainer’s
training on CMW and
application of HRBA both
for duty-bearers and
claimholders
P2,000,000.00 P1,000,000.00 - P3,000,000.00
Conduct of studies in
support of proposed
legislations
P2,000,000.00 P1,000,000.00 - P3,000,000.00
Conduct of treaty
monitoring and report
preparation
P1,000,000.00 P500,000.00 - P1,500,000.00
Conduct of information
dissemination programs
P2,000,000.00 P2,000,000.00 - P4,000,000.00
Conduct of national/local
workshops, symposia,
public hearings and such
other trainings relevant
to the implementation
and programs and
projects
P3,000,000.00 P2,000,000.00 - P5,000,000.00
Conduct of the identified
target programs, projects
and activities under the
CMW Cluster
P5,000,000.00 P5,000,000.00 - P10,000,000.00
Conduct of mid and post
review of the PHRP II
(CMW Cluster)
P2,000,000.00 P2,000,000.00 - P4,000,000.00

_______________________________________________________________________________________________________________
Families
85
SECTION 9
Monitoring and Evaluation Plan
Part of the monitoring and evaluation stage concerns collecting
necessary data and information for the strategic indicators identified
which lacks baseline studies.
The identified accountable agency shall collect, compile, and
disseminate information pertaining to the progress and development of
each plan, program, or action. Any limitations and/or hindrances in the
completion of each plan, program, or action shall likewise be identified
for proper monitoring. Semi-annual reporting shall be submitted by
these accountable agencies to the DOLE which, as head of the CMW
Thematic Cluster, collates and submits reports to the PHRC.

_______________________________________________________________________________________________________________
Families
86

_______________________________________________________________________________________________________________
87
Table 7.7. Monitoring and Evaluation Calendar
M & E
Activities
2012 2013 2014 2015 2016
Periodic Monitoring Annual and
Bi-annual progress
report
Annual and
Bi-annual progress
report
Annual and
Bi-annual progress
report
Annual and
Bi-annual progress
report
Annual and
Bi-annual progress
report
Reviews Annual Cluster Group
Assessment Report
Annual Cluster Group
Assessment Report
Annual Cluster
Group Assessment
Report
CMW-PHRP mid
evaluation report
Assessment Report
Assessment Report
CMW-PHRP final
evaluation report
Surveys/studies Pilot studies on
existing legislative,
administrative
measures and
mechanisms
Pre-awareness
survey of
claimholders
Claimholders
satisfaction survey
Training Evaluation
report
Post-awareness survey
of claimholders
Performance
Scoreboard
Annual Report on
Agency Performance
Ratings
Annual Report on
Agency Performance
Ratings
Annual Report on
Agency
Performance
Ratings
Annual Report on
Agency Performance
Ratings
Annual Report on
Agency Performance
Ratings
Evaluation Mid-term
Evaluation
Post Evaluation

Chapter 7: CMW Chapter

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Chapter 7: CMW Chapter