Sect. 4. Deployment of Migrant Workers. The State shall deploy overseas...workers only in countries where the rights of...migrant workers are protected. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection and the rights of overseas...workers:
(a) It has existing labour and social laws protecting the rights of migrant workers;
(b) It is a signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas...workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers.
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Sect. 14. Travel Advisory/Information Dissemination. To give utmost priority to the establishment of programs and services to prevent illegal recruitment, fraud and exploitation or abuse of...migrant workers, all embassies and consular offices...shall issue travel advisories or disseminate information on labour and employment conditions, migration realities and other facts; and 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. Such advisory or information shall be published in a newspaper of general circulation at least three (3) times in every quarter.
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Sect. 19. Establishment of a Migrant Workers...Resource Center. Within the premises and under the administrative jurisdiction of the... Embassy in countries where there are large concentrations of... migrant workers, there shall be established a Migrant Workers... Resource Center with the following services:
(a) Counselling and legal services;
(b) Welfare assistance including the procurement of medical and hospitalization services;
(c) Information, advisory and programs to promote social integration such as post-arrival orientation, settlement and community networking services and activities for social interaction;
(d) Institute a scheme of registration of undocumented workers to bring them within the purview of this Act. For this purpose, the Center is enjoined to compel existing undocumented workers to registered with it within six (6) months from the effectivity of this Act, under pain of having his/her passport cancelled;
(e) Human resource development, such as training and skills upgrading;
(f) Gender sensitive program and activities to assist particular needs of women migrant workers;
(g) Orientation program for returning worker and other migrants; and
(h) Monitoring of daily situations, circumstances and activities affecting migrant workers...
Sect. 20. Establishment of a Shared Government Information System for Migration. An inter-agency committee composed of the Department of Foreign Affairs...the Department of Labor and Employment, the...Overseas Employment Administration, the Overseas Workers Welfare Administration, the Department of Tourism, the Department of Justice, the Bureau of Immigration, the National Bureau of Investigation, and the National Statistics Office shall be established to implement a shared government information system for migration...
These shared data bases shall...include, but not be limited to, the following information:
(a) Master lists of...migrant workers...classified according to occupation/job category, civil status, by country/state of destination including visa classification;
(b) Inventory of pending legal cases involving...migrant workers...
(c) Master list of departing/arriving [migrant workers];
(d) Statistical profile on... migrant workers/overseas ;
(e) Blacklisted foreigners/undesirable aliens;
(f) Basic data on legal systems, immigration policies, marriage laws and civil and criminal codes in receiving countries particularly those with large numbers of [migrant workers];
(g) List of labour and other human rights instruments where receiving countries are signatories;
(h) A tracking system of past and present gender...cases involving male and female migrant workers...
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Sect. 22. Rights and Enforcement Mechanism Under International and Regional Human Rights Systems. The Department of Foreign Affairs is mandated to undertake the necessary initiative such as promotions, acceptance or adherence of countries receiving...workers to multilateral conventions, declarations or resolutions pertaining to the protection of migrant workers' rights. The Department of Foreign Affairs is also mandated to make an assessment of rights and avenues of redress under international and regional human rights systems that are available to...migrant workers who are victims of abuse and violation and, as far as practicable and through the Legal Assistant for Migrant Workers... Affairs created under this Act...If a complaints machinery is available under international or regional systems, the Department of Foreign Affairs shall fully apprise the...migrant workers of the existence and effectiveness of such legal options.
Sect, 23. Role of Government Agencies. The following government agencies shall perform the following to promote the welfare and protect the rights of migrant workers...
(a) Department of Foreign Affairs - The Department, through its home office or foreign posts, shall take priority action or make representation with the foreign authority concerned to protect the rights of migrant workers...and extend immediate assistance including the repatriation of distressed or beleaguered migrant workers...
(b) Department of Labor and Employment - The Department of Labor and Employment 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...including the grant of legal assistance and the referral to proper medical centers or hospitals:
(b.1)... Overseas Employment Administration - Subject to deregulation and phase-out as provided under Sections 29 and 30 herein, the Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. It shall also formulate and implement, in coordination with appropriate entities concerned, when necessary, a system for promoting and monitoring the overseas employment of...workers taking into consideration their welfare and the domestic manpower requirements.
(b.2) Overseas Workers Welfare Administration - The Welfare officer or in his absence, the coordinating officer shall provide the...migrant worker and his family all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. In the performance of this function, he shall 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 attention.
Sect. 24. Legal Assistant for Migrant Workers Affairs. There is hereby created the position of Legal Assistant for Migrant Workers Affairs under the Department of Foreign Affairs who shall be primarily responsible for the provision and overall coordination of all legal assistance services to be provided to...migrant workers...
[Philippines, Migrant Workers and Overseas Filipinos Act of 1995 (No. 8042)]