Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Philippines (RATIFICATION: 1960)

CMNT_TITLE

The Committee notes the Government’s reports.

Article 1 of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee noted that the number of cases of sexual harassment in the private sector is difficult to assess due to the lack of a centralized reporting system, and that many women do not issue complaints because of fear of stigmatization or that their cases do not fall within the purview of the current law. The Committee notes the Government’s reply, in its reports, that it intends to improve the monitoring of employers’ compliance with labour standards, including with the provisions of Republic Act (RA) No. 7877, and that it will also aim to improve the collection, analysis and maintenance of up-to-date gender-disaggregated labour and employment data for policy and programme development and evaluation. The Committee notes, however, that the Government does not explain how it plans to achieve this. It also notes the Government’s indication that the enactment of the draft law expanding RA No. 7877, the Anti-Sexual Harassment Act of 1995, to specifically address hostile environment sexual harassment, is still pending. The Government further states that, in 2017, among the 24,946 establishments surveyed, there was a 91.7 per cent compliance rate of RA No. 7877. The Committee welcomes the Government’s statement, in its ninth periodic report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), that it is considering the ratification of the Convention on the Violence and Harassment in the World of Work, 2019 (No. 190). The Committee also notes, from the Government’s report to the CEDAW, the adoption of Republic Act No. 11313, known as the Safe Spaces Act of 2019, which criminalizes gender-based sexual harassment, and provides a complete definition and prohibition of sexual harassment in the workplace, including hostile work environment. The Government adds that in 2019, among the 70,298 establishments inspected by the labour inspection services, there was a 95.4 per cent compliance rate, and that for the public sector, between 2015 and 2020, a total of 61 sexual harassment cases have been filed with the Civil Service Commission Regional Offices (CEDAW/C/PHL/9, 4 October 2021, paras. 106-109). The Committee also notes, from the previous concluding observations of the CEDAW, that there remains widespread sexual harassment in the workplace and that impunity is prevalent (CEDAW/C/PHL/CO/7-8, 25 July 2016, para. 35). Recalling that addressing sexual harassment only through criminal proceedings is normally not sufficient, the Committee requests the Government to take all the necessary measures to ensure that the bill expanding Republic Act No. 7877 to specifically addresshostile environment sexual harassment in the workplace is adopted as soon as possible. It also requests the Government to:

• (i)provide specific information on how compliance with Republic Act No. 7877 is ensured in practice; and
• (ii)continue to provide accurate data on the number of complaints of sexual harassment recorded in the public and private sectors, as well as copies of relevant cases and examples of remedies provided.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Legislative developments. With reference to its previous comment, the Committee takes note of the Government’s information on the Magna Carta of Women Assessment Report (the Consolidated Baseline and Progress Report 2009-2012), which concludes that, as of 2012, implementation of the Magna Carta of Women was slow compared to the objectives in its Implementing Rules and Regulations. The Government further explains that the Philippine Commission on Women (PCW) initiated the Women’s Priority Legislative Agenda to advance legislative efforts on fully adopting and giving effect to the Magna Carta of Women. The Government indicates that, in July 2017, the 17th Congress was to examine the draft Magna Carta for Workers in the Informal Economy (MCWIE Bill) and a bill on anti-discrimination based on sexual orientation and gender identity (SOGIE Bill). The Committee notes, from the PCW’s website, that the two bills were examined by both the 17th and 18th Congress, but it remains unclear if they were adopted. The Committee further notes from the Government’s report to the CEDAW, the adoption of the Expanded Maternity Leave under R.A. No. 11210, which increases the maternity leave period to 105 days (previously between 60 and 78 days) for female workers with pay, offers an option to extend for an additional 30 days without pay, with an extension of 15 days for solo mothers, and for other purposes (CEDAW/C/PHL/9, 4 October 2021, para. 102). The Committee requests the Government to indicate if the draft laws examined by the 18th Congress have been adopted, namely the MCWIE Bill and the SOGIE Bill. If adoption is still pending, it requests the Government to take all the necessary measures to ensure their adoption as soon as possible, and to provide information on the progress made. Recalling that the Magna Carta of Women is a framework law requiring specific laws, regulations and guidelines for its full implementation, the Committee requests the Government to step-up its efforts to adopt legislative or administrative measures to give it effect, and to provide information in this regard. Please also continue to provide information on the findings and recommendations of the most recent assessment reports prepared by the PCW and the Commission on Human Rights.

Public service. With reference to its previous comment, the Committee notes the Government’s indication that House Bill No. 3877 was not passed in the 16th Congress. It notes, from the PCW’s website, that the bill was discussed at the 17th and 18th Congress. The Government also indicates that the Consolidated Baseline Progress Report 2009-2012 shows that the objective of reaching a 40 per cent female representation in regional and development councils was not met. The Committee requests the Government to:

• (i)provide statistical data on the distribution of women and men at the various levels of the public administration;
• (ii)provide information on the measures taken to increase women’s participation in the public service;
• (iii)indicate the progress made towards achieving the target of 40 per cent female membership in local development councils under Memorandum Circular No. 2013-70 of 24 July 2013; and
• (iv)provide a copy of House Bill No. 3877, once adopted.

Access of women to employment and vocational training. In reply to the Committee’s previous observation, the Government indicates that the Technical Education and Skills Development Authority (TESDA) has a specialized TESDA Women’s Center (TWC) which seeks to advance the economic status of women through training, entrepreneurship development, gender sensitive policies, programs and projects, and research and advocacy. The TWC offers a range of training courses including in non-traditional sectors such as automotive servicing, consumer electronics servicing, metal welding and plumbing. The Government also refers to the new Women’s Economic Empowerment (WEE) Project or GREAT Women-2, aimed at improving the competitiveness and sustainability of Women’s Micro Enterprises (WMEs) in a number of priority industry clusters (coffee, cacao, processed fruits and nuts, textiles and wearables, and other processed foods), and indicates that 1,467 WMEs participated in these trainings. The Committee further notes the Government’s indication that it is focused towards building awareness on gender equality to increase the participation of women in Technical Vocational Education and Training (TVET) through a number of Gender and Development (GAD) Initiatives, including: the conduct of gender sensitivity training for trainees and parents; capacity building programmes for TESDA-GAD focal persons network at the central, regional, provincial and training/school levels; and development and publication of GAD-based modules, manuals, toolkit and advocacy guide materials. The Government states that these GAD initiatives have led to a greater number of women taking up TVET programmes that are traditionally male dominated. The Committee further takes note of the statistical data provided by the Government, and notes that, for the period 2014-2016, women outnumbered men in terms of TVET enrolees and graduates. While women continue to be under-represented in traditionally male-dominated TVET subjects, the Committee notes with interest the significant increase in the number of female enrolees in 2015, compared to 2014. For example in computer hardware servicing, there were 16,868 enrolled female students in 2016, compared to 14,132 in 2014. However, the Committee notes, from the statistical information provided by the Government, that women continue to be underrepresented in all traditionally male-dominated sectors of labour and employment. The Committee also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that concerns remain with regard to: (1) gender segregation in higher education, with low enrolment of women and girls in non-traditional fields of study such as science, technology, engineering, mathematics (STEM) and agriculture; and (2) the persistent occupational gender segregation, with women being concentrated in social and caregiving work (CEDAW/C/PHL/CO/7-8, 25 July 2016, paras 33 and 35). Finally, the Committee notes, from the Government’s report to the CEDAW, the adoption of several programmes to contribute to the elimination of gender segregation in employment occupation, including (1) the Career Guidance and Employment Programme; (2) the Special Programme for Employment of Students; (3) the Public Employment Service Office; and (4) STEM-related programmes (CEDAW/C/PHL/9, 4 October 2021, para. 101). The Committee requests the Government to continue its efforts in addressing gender segregation in occupation and vocational training, and in promoting women’s access to a wider range of jobs, in particular higher-paid jobs and jobs offering career advancement. In this regard, the Committee requests the Government to continue to provide specific information on:

• (i)the impact of the measures adopted, including by the Philippine Commission on Women, to promote women’s access to, and participation in, training in industries traditionally dominated by men, including information on the number of female scholarships, take-up rates and in which areas training is provided to women under the WEE Project;
• (ii)the number of men and women enrolled, assessed and certified in TVET programmes, disaggregated by subject; and
• (iii)the employment rates of men and women in the various economic sectors and occupations.

Equality of opportunity and treatment. Indigenous peoples. The Committee notes from the Government’s reports that on 28 February 2017 the Memorandum of Agreement between the National Commission on Indigenous Peoples (NCIP) and the Technical Education and Skills Development Authority (TESDA) for the conduct of indigenous peoples’ skills development training was signed with the overall objective of providing indigenous peoples’ access to training for self or wage-employment to uplift their economic status and that, so far, a total of 8,452 indigenous people have benefitted from this training. Recalling its previous comments regarding activities affecting the right of indigenous peoples to their ancestral domains, the Committee notes the Government’s indication that, in the conduct of industrial activities within the indigenous community’s ancestral domains, the NCIP has been a compulsory third party signatory to any Memorandum of Agreement entered into between indigenous peoples and any private company or government agency proprietors. The NCIP reviews the MOA before its execution as well as monitors the compliance of the parties to the agreements, which includes the provision that members of the indigenous community shall have been prioritized in the recruitment of employees. The Committee further notes, from the Government’s report to the United Nations Committee on the Elimination of Racial Discrimination (CERD), that, between 2017 and 2019, the Government contributed to support indigenous peoples’ concerns relative to ancestral domain delineation and recognition, ancestral domain sustainable development (CERD/C/PHL/21-25, 10 February 2021, para. 73). While welcoming these measures, the Committee notes that it remains unclear if, through all these measures, indigenous peoples’ right to access their land and resources is effectively protected. Finally, the Committee notes the Government’s declaration that no disaggregated data is available on human rights violation cases that relate to labour or employment, but recalls that 190 Quick Response focal persons and agencies had been identified to monitor and track indigenous peoples’ rights violations as part of the Quick Response Mechanism. The Committee therefore requests the Government to take the necessary measures to ensure that disaggregated data is made available on the investigations and hearings related to indigenous persons and the human rights violations recorded which relate specifically to employment and occupation.The Committee also requests the Government to provide clear and specific information on:

• (i)the measures taken or envisaged to protect indigenous peoples against discrimination with respect to wage employment and non-wage livelihood activities, and in particular against activities adversely affecting their land and resource rights, so as to allow them to engage in their traditional occupations;
• (ii)the progress made with regard to the anti-discrimination bill that was being prepared (please provide a copy of the bill once adopted); and
• (iii)employment rates of indigenous peoples disaggregated by industry and sex.

CMNT_TITLE

The Committee notes the Government’s reports.

Article 1 of the Convention. Protection against discrimination. Legislation. The Committee recalls its long-standing comments urging the Government to introduce the necessary legal measures to ensure that women are protected against discrimination in all aspects of employment, more particularly over the lack of legislative prohibition of discrimination against women in hiring. The Committee notes with regret that, according to the Government’s reports, Senate Bill No. 429 proposing to amend sections 135 and 137 of the Labour Code to prohibit discrimination based on sex in hiring and security of employment has not yet been adopted. It notes that the Bill was renumbered Senate Bill No. 829 (an Act Expanding the Prohibited Acts of Discrimination Against Women on Account of Sex, Amending for the Purpose Articles 135 and 137 of the Labour Code); it was referred to a committee on labour, employment and human resources development and has a counterpart in the House of Representatives, House Bill No. 675. The Committee urges the Government to take all of the necessary steps to see that Senate Bill No. 829 and House Bill No. 675 are adopted without delay, so as to ensure effective legal protection against discrimination based on sex in hiring and security of employment, in accordance with the Convention. It requests the Government to provide information on any developments in this respect.

Article 3(d). Application in the public sector. In reply to its previous comment, the Committee notes the Government’s indication that the principle of the Convention is applied, in practice, to the high-level positions exempted from the publication requirement of Republic Act No. 7041 through the 2017 Omnibus Rules on Appointment and other Human Resource Actions (CSC MC 24, s. 2017 and CSC resolution No. 1701009 dated 16 June 2017). Specifically, the Government refers to sections 83–103 of Rule IX which provide for the procedures and criteria applicable to appointments in government offices at all levels and state that: (1) there shall be no discrimination in the selection of employees on account of age, sex, sexual orientation and gender identity, civil status, disability, religion, ethnicity, or political affiliation (section 83); (2) the head of the agency shall, as far as practicable, ensure equal opportunity for men and women (section 89); and (3) the Selection Board shall maintain fairness and impartiality in the assessment of candidates for appointment (section 97). To this end, the Selection Board may employ the assistance of an independent collaborator and all government agencies must comply with these requirements or non-compliance shall be considered as a ground for invalidation of the appointment, as well as a ground for action against the official who caused the violation (section 103). The Committee requests the Government to identify the institution or authority responsible for supervising the application of the 2017 Omnibus Rules on Appointment and other Human Resource Actions with regard to the appointment of high-level positions exempted from the publication requirement in Republic Act No. 7041. The Government is asked to provide information on the number of non-compliance cases identified, the consequences of such cases (invalidation of appointment and/or action against the official responsible for the violation), indicating the ground of discrimination involved. Noting that no reply is provided on this point, the Committee also reiterates its request that the Government provide an illustrative sample of procedures and criteria provided for in the Merit Promotion Plans.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Article 1 of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that, according to Policy Brief No. 10 of the Philippine Commission on Women (PCW), the number of cases of sexual harassment in the private sector is difficult to assess due to the lack of a centralized reporting system, and that many women do not issue complaints because of fear of stigmatization or their cases do not fall within the purview of the current law. In this regard, the Committee notes that the PCW has included in the Women’s Priority Legislative Agenda the enactment of a law expanding Republic Act No. 7877, the Anti-Sexual Harassment Act of 1995, to specifically address hostile environment sexual harassment. Regarding the implementation of Republic Act No. 7877, the Committee notes that the Bureau of Working Conditions (BWC) issued Guidelines No. 2, Series of 2012, on sexual harassment policies and procedures for the private sector. For the public sector, the Civil Service Commission issued Resolution No. 01-0940, entitled Administrative disciplinary rules on sexual harassment cases, which defines the administrative offence of sexual harassment and prescribes the standard procedure for its investigation and resolution. The Committee requests the Government to provide information on the progress made in expanding Republic Act No. 7877 to address hostile environment sexual harassment, and in enhancing the capacity of the responsible authorities to identify and address such cases. Please also provide specific information on the implementation of the private sector BWC Guidelines No. 2 of 2012 and the Administrative Disciplinary Rules for the public sector relating to sexual harassment, including their effective monitoring. The Committee further requests the Government to take the necessary steps to collect and provide accurate data on the number of complaints of sexual harassment recorded in the public and private sectors.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Legislative developments. The Committee notes with interest the legislative initiatives aimed at implementing the Magna Carta for Women, and at promoting gender equality in employment and occupation. In particular, the Committee notes the Implementing Rules and Regulations of Republic Act No. 9710 (IRR), otherwise known as the Magna Carta for Women, issued in April 2012, which contains more detailed provisions on the right to decent work (section 25) and monitoring progress, implementation and impact (section 41). Under the IRR, agencies and local government units must submit an implementation report within 180 days, and the PCW and the Commission on Human Rights provide an assessment report to the Committee on Oversight of the Congress every three years. The Committee further notes Republic Act No. 10361, An Act Instituting Policies for the Protection and Welfare of Domestic Workers, adopted on 18 January 2013, and refers in this regard to its comments on the application of the Domestic Workers Convention, 2011 (No. 189). The Government also indicates that the Senate Committee on Labor, Employment and Human Resources Development is in the process of conducting regional and national consultations to finalize the draft Magna Carta for Workers in the Informal Economy (MCWIE). The Act would protect women workers in the informal economy against gender-based discrimination, exploitation and abuse, and make informal workers visible in national and local statistics. The Committee requests the Government to provide information on any progress made in the adoption of the MCWIE, and any implementing measures taken once the Act is adopted. Recalling that the Magna Carta for Women is a framework law requiring specific laws, regulations and guidelines for its full implementation, the Committee asks the Government to continue providing information on any legislative or administrative measures adopted to give it effect. Please also provide information on the findings and recommendations of the assessment reports prepared by the PCW and the Commission on Human Rights.

Public service. The Committee notes that 45 per cent of third-level positions in the public service were occupied by women in 2013 and that 56 women have been appointed to the highest positions in government. The Government also indicates that women comprise 50 per cent of local health boards, 48 per cent of local school boards, 31 per cent of local housing boards and 30 per cent of local peace and order councils, but only 16 per cent of local development councils. In this regard, the Committee notes Memorandum Circular No. 2013-70 of 24 July 2013 mandating 40 per cent membership of women in local development councils. The Committee further notes that House Bill No. 3877 (also known as the Women’s Participation and Representation in Political Parties Act of 2013), which would require political parties to draft a women and gender development agenda, have equitable representation of women in leadership and internal policy-making structures, and nominate women candidates to elective positions. The Committee welcomes the information provided by the Government on the actions for gender-responsive governance under the Philippine Framework Plan for Women and the progress achieved in this regard. The Committee requests the Government to continue providing information on the measures taken to increase women’s participation in third-level positions in the public service and on the progress made in this regard, including statistical data on the distribution of women and men at the various levels of the public administration. The Committee further requests the Government to indicate the progress made in achieving the target of 40 per cent female membership in local development councils under Memorandum Circular No. 2013-70 of 24 July 2013, and to provide a copy of House Bill No. 3877, once adopted.

Equality of opportunity and treatment. Indigenous peoples. Recalling its previous comments regarding activities affecting the right of indigenous peoples to their ancestral domains, the Committee notes the Revised Guidelines on Free and Prior Informed Consent (FPIC) and Related Processes of 2012, adopted under section 3(g) of the Indigenous Peoples’ Rights Act (IPRA) of 1997. Regarding equal access to education by indigenous peoples, the Committee notes the activities undertaken by the National Commission on Indigenous Peoples (NCIP), including the Educational Assistance Program, and the Memorandum of Agreements with, among others, the Department of Education. Regarding monitoring and enforcement of rights, the Government indicates that 190 Quick Response focal persons and agencies have been identified to monitor and track indigenous peoples’ rights violations as part of the Quick Response Mechanism. The Government further reports that it is continuing its efforts to pursue the proposed anti-discrimination bill and that seven guidelines relating to indigenous peoples’ issues have been developed and implemented, including Educational Assistance Guidelines, and Indigenous Peoples’ Mandatory Representation Guidelines under which 1,708 indigenous peoples’ mandatory representatives are now in local and regional decision-making bodies. While welcoming these measures, the Committee requests the Government to provide specific information on the measures taken or envisaged to protect indigenous peoples against discrimination with respect to wage employment and non-wage livelihood activities, and in particular against activities adversely affecting their land and resource rights, so as to allow them to engage in their traditional occupations. Please also provide information on the investigations and hearings related to indigenous persons and the human rights violations recorded through the Quick Response Mechanism which relate specifically to employment and occupation. Please also provide a copy of the anti-discrimination bill, once it has been adopted, and information on employment rates of indigenous peoples disaggregated by industry and sex.

CMNT_TITLE

Article 1 of the Convention. Legislative developments. The Committee recalls its long-standing comments urging the Government to introduce the necessary legal measures to ensure that women are protected against discrimination in all aspects of employment, including hiring. The Committee notes Senate Bill No. 429, an Act Expanding the Prohibited Acts of Discrimination Against Women on Account of Sex, Amending for the Purpose Articles 135 and 137 of the Labor Code, which is still pending approval by the Senate. The Bill inserts a new section 135(c) declaring unlawful “giving preference to a male employee over a female employee in the hiring process, whether through notices, announcements, or advertisements for employment and apprenticeship or in the actual recruitment, hiring or employment of workers where the particular job can be equally handled by a woman”. Further, pursuant to new section 135(d), “favoring a male employee over a female employee with respect to dismissal of personnel or the application of the first in-first out or other retrenchment policy of the employer” shall also be unlawful discrimination. Section 137 of the Labor Code would also be amended to prohibit employers from denying women the benefits of employment or other statutory benefits under the laws by reason of gender. The Committee firmly hopes that progress will be noted soon in the adoption of Senate Bill No. 429 so as to ensure effective legal protection against discrimination based on sex in hiring and security of employment in accordance with the Convention, and requests the Government to provide information on any developments in this respect.

Discrimination on the basis of sex. The Committee notes with satisfaction the adoption of Republic Act No. 10151, An Act Allowing the Employment of Night Workers of 26 July 2010. Section 1 of the Act repeals section 130 of the Labor Code (the ban on the employment of women in night work), replacing it with section 158, which ensures that an alternative to night work is made available to women workers before and after childbirth for at least 16 weeks; and for additional periods, where a medical certificate is produced stating their necessity for the health of the mother or child.

Articles 2 and 3. Access of women to employment and vocational training. The Committee notes from the 2014 Gender Statistics on Labor and Employment (Philippine Labor Statistics Authority) the persistence of occupational gender segregation with women concentrated in low-paid industries and occupations. Furthermore, women tend to be over-represented in service activities, such as activities of households as employers of domestic personnel, and undifferentiated goods and services-producing activities of households for own use (89.3 per cent women); education (73.8 per cent women); other service activities (71.7 per cent women); and human health and social work activities (64.5 per cent women); while men tend to be concentrated in agriculture and industrial activities, such as construction (97.8 per cent men); transportation and storage (96.4 per cent men); fishing (90.9 per cent men); and mining and quarrying (90.8 per cent men). In family-operated farms or businesses, women comprise 56.6 per cent of unpaid family workers, while men comprise 75.9 per cent of paid workers.

The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential to broaden the range of occupations from which men and women are able to choose, and to address occupational segregation. The Committee notes that the gender statistics on labour and employment further show that in 2013, 53.5 per cent of graduates from school-based and non-school-based Technical Vocational Education and Training (TVET) in 2013 were women. It notes, however, from the 2011 Impact Evaluation Study of TVET that women were concentrated in vocational training leading to traditionally female jobs. In TVET programmes which assess and provide certification for enrollees, women represented only 0.05 per cent of those certified in the maritime industry, 2.8 per cent in construction and 3.8 per cent in the automotive industry; conversely, in health, social and other community development services (where occupations include beauty care, caregiving, customer services, massage therapy and other traditionally female areas of work), 89 per cent of those certified were women. The Committee notes that strategies under the Women’s Empowerment, Development and Gender Equality (WEDGE) Plan 2013–16 prioritize addressing occupational gender segregation by providing female scholarships for college, technical and vocational courses not traditionally taken by women. The Government also reports measures taken by the Philippine Commission on Women (PCW) to promote the economic empowerment of women, including the GREAT Women Project: Economic Empowerment of Women through Enhanced Technology-Based Community Training Program, which resulted in Gender Sensitivity and Entrepreneurship Modules now included in TVET curricula. Recalling that for a number of years it has been raising concerns regarding the over-representation of women in low-skilled and low-income jobs, the Committee requests the Government to step up its efforts to address gender segregation in occupation and vocational training, and to promote women’s access to a wider range of jobs, in particular higher-paid jobs and jobs offering career advancement. In this regard, the Committee requests the Government to provide specific information on the impact of the measures adopted, including by the PCW, to promote women’s access to, and participation in, training in industries traditionally dominated by men, including information on the number of female scholarships, take-up rates and in which areas training is provided to women under the WEDGE Plan 2013–16 and the GREAT Women Project. Please include data on the number of men and women enrolled, assessed and certified in TVET programmes, disaggregated by industry, as well as data on the employment of men and women in the various economic sectors and occupations.

Article 3(d). Application in the public sector. The Committee notes the very general information relating to the practical application of the Merit Promotion Plan, Republic Act No. 7041 (requiring publication of posts in the public sector), Memorandum Circular No. 3, series 2001 (creating Personal Selection Boards for public appointments), and Civil Service Resolution No. 98 463 (banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation). The Government adds that exemption from Republic Act No. 7041 does not necessarily indicate that the principle of equal employment opportunity does not apply. The Government further states that Memorandum Circular No. 3 provides for equal opportunity when selecting candidates for appointment and prohibits discrimination on grounds of gender, civil status, disability, religion, ethnicity or political affiliation. Recalling the important role of the State in ensuring the application of the principle of the Convention, the Committee once again requests the Government to indicate specifically how the principle of the Convention is applied in practice to the primarily high-level positions exempted from the publication requirement in Republic Act No. 7041. It reiterates its request to the Government to provide detailed information on the practical application of Memorandum Circular No. 3 and Resolution No. 98-463, and their impact on ensuring equal access to employment in the public sector, irrespective of race, colour, sex, religion, national extraction, political opinion and social origin. The Committee also requests the Government to provide an illustrative sample of procedures and criteria provided for in Merit Promotion Plans.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Sexual harassment. The Committee noted previously that an intensive inspection strategy (LSEF–BLITZ) was ongoing to monitor compliance with core labour standards, social welfare benefits and occupational safety and health. The Committee notes the Government’s indication, however, that this has not addressed sexual harassment, in particular the implementation of the Anti-Sexual Harassment Act (Republic Act No. 7877) of 1995. The Committee notes further from the Government’s report that in 2009, the labour inspection service conducted inspections based on complaints received, and there were no complaints of sexual harassment made. The Committee recalls that the absence of complaints could indicate a lack of awareness of the legal provisions, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. Noting the absence of information in the Government’s report on the measures taken to raise awareness, develop workplace policies and procedures, train managers and offer counselling to victims of sexual harassment, the Committee urges the Government to provide specific information in this regard. The Committee also asks the Government to take steps to ensure effective enforcement of the Anti-Sexual Harassment Act, including extending the intensive inspection strategy to cover sexual harassment, and enhancing the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases. Please also provide information on any judicial or administrative decisions addressing sexual harassment, including the remedies provided and sanctions imposed.

Discrimination on the basis of sex (night work). The Committee notes the Government’s statement that there has been no amendment to article 130 of the Labour Code concerning night work. The Committee also notes that section 12 of the Magna Carta of Women (Republic Act No. 9710), which came into force in 2009, provides that the State will review and amend or repeal existing laws that are discriminatory to women within three years of the coming into force of the Act. In the context of the upcoming review of laws that may be discriminatory to women, the Committee hopes that the Government will take steps to review section 130 of the Labour Code with a view to eliminating discrimination against women that may exist in access to employment. Please provide specific information of the measures taken in this respect.

Equality of opportunity and treatment between men and women. The Committee has been raising concerns for a number of years regarding occupational segregation, with women being concentrated in low-skill and low‑income jobs. It had also noted the need identified in the National Plan of Action for Decent Work, 2005–07, to provide greater protection for domestic workers, many of whom are women. The Committee notes that, in reply, the Government refers generally to the enactment of the Magna Carta of Women. The Committee asks the Government to provide specific information on the measures taken or envisaged, pursuant to the implementation of the Magna Carta of Women, to address occupational sex segregation, and promote women’s access to a wider range of jobs, in particular higher paying jobs and those with career prospects. Please also indicate the specific measures taken and the results achieved to protect the rights of domestic workers, including from discrimination.

Access to vocational training. The Committee notes that approximately 92 per cent of women graduated from the Women’s Centre of the Technical Education and Skills Development Authority (TESDA) in 2009, especially in programmes such as housekeeping, food and beverage services, and household services. It also notes that Pangulong Gloria Scholarships have been provided by the TESDA, particularly for occupations in the business process outsourcing industry, metals and engineering, and construction. Noting that women are concentrated in vocational training leading to traditionally female jobs, the Committee asks the Government to take measures to promote the enrolment of women in a wider range of courses, including those leading to higher paying jobs and career opportunities. Please provide statistical data, disaggregated by sex, on trainees attending TESDA’s programmes, and graduates who found employment after attending such programmes. The Committee also asks the Government to provide information on the number of women who benefited from the Pangulong Gloria Scholarships, and in which occupations. Please also provide information on how TESDA is promoting equality of opportunity and treatment with respect to the other grounds set out in Article 1(1)(a) of the Convention, namely race, colour, religion, national extraction, social origin and political opinion.

National policy with respect to indigenous peoples. The Committee notes with regret that the Government’s report contains no information in reply to the Committee’s previous comments on discrimination against indigenous peoples. The Committee also notes the concerns raised by the United Nations Committee on Economic, Social and Cultural Rights (E/C.12/PHL/CO/4, 1 December 2008, paragraph 16) and by the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/PHL/CO/20, 23 September 2009, paragraph 22) regarding activities affecting the right of indigenous peoples to their ancestral domains, lands and natural resources, as recognized in the 1997 Indigenous Peoples Rights Act (IPRA). CERD also raises concerns regarding the unduly burdensome process for claiming collective land titles (paragraph 23). The Committee urges the Government to provide full particulars on the following:

(i)    the measures taken or envisaged, including through the implementation of the relevant provisions of IPRA, to protect indigenous peoples against discrimination with respect to wage employment and non-wage livelihood activities, as well as in education and training, and to address the various forms of prejudice and intolerance they experience;

(ii)   the measures taken to implement the 12 milestone agenda of the National Commission on Indigenous Peoples, and the results achieved; and

(iii)  any measures taken to ensure that indigenous peoples have access to land and resources to allow them to engage in their traditional occupations.

CMNT_TITLE

Article 1 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes with interest the adoption of the Magna Carta of Women (Republic Act No. 9710), which came into force in 2009. The Magna Carta provides that the State shall: “refrain from discriminating against women and violating their rights; ... protect women against discrimination and from violations of their rights by private corporations, entities, and individuals; and ... promote and fulfil the rights of women in all spheres, including the rights to substantive equality and non-discrimination. The State shall fulfil these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including special temporary measures” (section 5). With respect to employment and opportunity, in section 2 of the Magna Carta, the State is to provide opportunities for women to enhance and develop their skills and acquire productive employment. Pursuant to section 11(f), the State is required to take measures to encourage women’s leadership in the private sector. Section 22 provides further that: “the State shall progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity”. As the Magna Carta of Women is a framework law requiring specific laws, regulations and guidelines for the full implementation of many of the principles set out therein, the Committee asks the Government to provide information on any implementing measures taken or envisaged with respect to promoting equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination against women in respect thereof, including by the newly established Philippine Commission of Women. Recalling its previous observation regarding the need to amend the Labour Code to ensure that women are protected against discrimination in all aspects of employment, including hiring, the Committee urges the Government to take the opportunity of the adoption of the Magna Carta to adopt the necessary legislation or amendments. Please also provide information on any measures taken in practice to prevent and address discrimination against women in access to employment, and the results achieved.

Application in the public sector. The Committee notes the Government’s indication that vacancies in the public sector are published in accordance with the Act requiring publication of existing vacant positions in government offices (Republic Act No. 7041 of 1991), to ensure transparency and equal opportunities in hiring. The Government also refers to item 2(2) of Memorandum Circular No. 3, series 2001, issued by the Civil Service Commission (CSC) which provides that “[t]here shall be no discrimination in the selection of employees on account of gender, civil status, disability, religion, ethnicity or political affiliation”. The Committee further notes from the Government’s report that, pursuant to Memorandum Circular No. 40, series 1998, a number of high-level positions are exempted from the publication requirement, including primarily confidential positions, positions which are policy determining, highly technical positions, other non-career positions and third-level positions. The Committee asks the Government to indicate how Republic Act No. 7041 and Memorandum Circular No. 3, as well as Resolution No. 98-463, to which the Committee referred in previous comments, are applied in practice, and their impact with respect to ensuring equal access to employment in the public sector, irrespective of race, colour, sex, religion, national extraction, political opinion and social origin. The Committee also requests information on the application of the principle of the Convention to the positions exempted from the publication requirement. As the Government provides very general information regarding the Merit Promotion Plans, the Committee also asks the Government to provide more specific information on how the Plans address discrimination and promote equality. Please also supply an illustrative sample of procedures and criteria provided in the Merit Promotion Plans, as well as a copy of the Omnibus Implementing Book V (Executive Order No. 292).

Gender equality in the public service. The Committee notes from the Government’s report that women represent 48.75 per cent of those employed in the public service, and are concentrated in second-level positions (78 per cent in 2007), while men are likely to be in executive or managerial positions. The Committee, furthermore, notes that a draft of the Memorandum Circular implementing the provisions of the Magna Carta of Women is under review by the CSC. In this connection, the Committee notes that section 11(a) of the Magna Carta of Women provides that the Government shall institute affirmative action mechanisms in order to increase incrementally the number of women in third‑level positions in Government, to achieve a “50–50 gender balance” within the next five years. The Committee requests the Government to provide information on the implementation of the Magna Carta of Women in the public service, and particularly the measures taken to implement section 11(a). In this regard, the Committee recalls the importance of collecting statistical data disaggregated by sex in order to assess the impact of measures to advance gender equality in the public service, and it urges the Government to provide such information. Please also supply a copy of the draft of the Memorandum implementing the Magna Carta of Women. The Committee once again urges the Government to provide full details on the impact of Civil Service Resolution No. 99-0684 on the promotion of gender equality.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Article 1 of the Convention. Sexual harassment. The Committee recalls its previous comments in which it noted that despite progress made in the implementation of the Sexual Harassment Act RA 7877, much remained to be done in terms of awareness raising, developing workplace policies and procedures, training of managers and offering counselling to victims of sexual harassment. The Committee notes that in order to maximize compliance with labour standards and to enhance the implementation of the Labor Standards Enforcement Framework (LSEF), an intensive inspection strategy,
i.e. LSEF–BLITZ is ongoing in all regions to monitor compliance with core labour standards, social welfare benefits and occupational safety and health standards. The Committee asks the Government to indicate the results of
LSEF–BLITZ with respect to compliance of RA 7877, and to provide information on any measures taken, and their impact, to raise awareness, develop workplace policies and procedures, train managers and offer counselling to victims of sexual harassment.

Discrimination on the basis of sex (night work). The Committee asks the Government to keep it informed of any amendments to the provisions of the Labor Code concerning night work so as to eliminate any discrimination that might exist against women in terms of access to employment.

Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on the continuing occupational segregation of women in low-skilled and low-income jobs, and the need, identified by the National Plan of Action for Decent Work 2005–07, to provide greater protection for domestic workers, most of whom are women, who often face long working hours, non-payment of wages, verbal, physical and sexual abuse, and insufficient accommodation. Noting that the Government’s report does not provide any information in reply to the Committee’s previous direct request, the Committee asks the Government to provide full details on the following: (a) the impact of the measures carried out under the National Plan of Action on improving women’s skills, career opportunities and their occupational mobility; and (b) the specific measures taken, and the results achieved, to improve the working conditions and protect the rights of domestic workers, including freedom from discrimination.

Article 3(e). Access to vocational training. With respect to its previous comments on promoting equality in the technical vocational education and training (TVET) sector, the Committee notes that the Gender and Development (GAD) Committee of the Technical Education and Skills development Authority (TESDA) and the TESDA Women’s Centre (TWC) are undertaking to organize gender audit teams within TESDA and later on in the TVET sector to look at internal policies, administrative processes, human resources management, and job specification. The Committee further notes that, since 2004 and 2007, the TWC resources and capacity have been further enhanced by the Project Gender Responsive Employability and Training (GREAT) which aims to strengthen employability of women trained in the TWC through integrated research, training and advocacy activities. The Government indicates that the TWC has started to take a more active and strategic role in the promotion of gender and development in the TVET sector. The Committee further notes that the TESDA has been offering scholarship slots to deserving students to pursue vocational training in priority occupational areas which will improve their chances to obtain decent jobs. The Committee urges the Government to provide information on the results of the programmes carried out by the TESDA, including the TWC, in overcoming the systematic enrolment of men and women in traditional trades and occupations and to promote the enrolment of women in VTET programmes that offer them jobs with career opportunities. This information should include statistics, disaggregated by sex, on the enrolment of men and women in the various training courses, as well as on the number of them that have actually obtain employment after attending such a course. Please also provide information on how TESDA is promoting equality of opportunity and treatment with respect to the other grounds set out in Article 1(1)(a) of the Convention.

Article 3(e). Placement services. The Committee notes that the Public Employment Service (PESO) offices provide placement assistance services to jobseekers, and that Phil-Jobnet and the Great Modular Access (GMA) Employment Kiosk are two facilities providing information to employers and jobseekers on job vacancies. The Committee asks the Government to provide further details on how the PESOs ensure the observance of equality of opportunity and treatment with respect to job advertisements and recruitment and selection procedures. Please also provide information on how Phil-Jobnet and the GMA Employment Kiosk have helped to promote the employment of women and other disadvantaged groups in a wider range of jobs and occupations.

National policy with respect to indigenous peoples. The Committee recalls its previous comments in which it noted that discrimination against indigenous peoples with respect to wage employment and non-wage livelihood activities as well as education and training remained widespread and that, on account of their ethnicity, they experienced various forms of prejudice and intolerance. Few employers in the public and private sectors have complied with their obligation under the Indigenous Peoples’ Rights Act (IPRA) 8371 of 1997 and its Implementing Rules to hire indigenous peoples in proportion to their share in the population. Noting that the Government’s report does not provide any information on this point, the Committee reiterates its request to the Government to provide information on the measures taken or envisaged to ensure the effective application of the IPRA and to implement the 12-milestone agenda of the National Commission on Indigenous Peoples (NCIP). Please also provide information on any follow-up given to the recommendations made by the ILO study on equality and non-discrimination in employment and livelihoods of indigenous peoples with a view to addressing and eliminating discrimination against indigenous peoples in employment and occupation.

CMNT_TITLE

Article 1 of the Convention. Lack of protection against discrimination in hiring. The Committee recalls its long-standing comments since 1998 urging the Government to take the necessary legal measures to ensure that women are fully protected against discrimination in all aspects of employment and occupation, including hiring. While noting the Government’s very general statement that it is taking steps to address discrimination against women in hiring, the Committee regrets to note that the Government does not provide more detailed information on the nature and extent of the measures taken, including the amendment of section 135 of Republic Act (RA) of 12 May 1989, No. 6789, which continues to omit protection against discrimination in hiring. The Committee strongly urges the Government to bring its legislation into conformity with Article 1 of the Convention so as to ensure that women are fully protected against discrimination in all aspects of employment, not only with respect to terms and conditions of employment, training and education opportunities and job security, but also in hiring. The Committee also asks the Government to provide full details on the measures taken to prevent and address discrimination against women in hiring, and the results achieved.

Article 3(d). Application in the public service. For a considerable number of years (since 1999), the Committee has been asking the Government to provide information on the application of the Convention in the public service. In particular, the Committee requested information on the practical application of specific provisions on non-discrimination and equal opportunities of men and women under the Merit Promotion Plan (MPP) and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of equal opportunities for men and women at third-level positions in the civil service. The Committee also requested information on the application in practice of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. The Committee regrets to note that the Government’s report once again remains silent on how the principle of equality of opportunity and treatment is ensured in the public service. The Committee strongly urges the Government to provide full particulars in its next report on the following:

(i)    the application of the MPP and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of gender equality;

(ii)   the application in practice of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation; and

(iii) the general measures taken to ensure the observance of the national policy on equality in the public service with respect to all the grounds set out in Article 1(1)(a) of the Convention.

Please also provide up to date statistical data disaggregated by sex, religion and national extraction, if possible, on employment in the public service.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

1. Article 1 of the Convention. Sexual harassment. The Committee notes that data of 2006 in the Statistical Performance Reporting System (SPRS) on the application of the Anti-Sexual Harassment Act RA 7877 indicate that with respect to: (a) the posting or dissemination of the Act; (b) the creation of a committee of decorum; and (c) the adoption of a company policy, the rate of compliance was
90 per cent or more. On the other hand, it also notes that the Philippine National Plan of Action for Decent Work 2005–07 highlights that much remains to be done in terms of raising awareness, developing workplace policies and procedures, providing training to managers and offering counselling to victims. The National Plan proposes to undertake a review of RA 7877 with a view to strengthening the Act and to intensifying the Sexual Harassment Program aimed at, among others, developing action-based programmes to prevent sexual harassment at the workplace. The Committee hopes that the activities carried out under the National Plan for Decent Work will help to address sexual harassment at the workplace more effectively. The Committee asks the Government to continue to monitor compliance with RA 7877, to keep it informed of the outcome of any review undertaken of RA 7877, including any amendments to the Act and of any other measures taken to address sexual harassment at work, and the results achieved.

2. Discrimination on the basis of sex. The Committee notes the Government’s indication that discussions are ongoing to amend the provisions of the Labor Code prohibiting night work of women so as to eliminate any discrimination that might exist against women in terms of access to employment. Noting further that consideration is being given to denouncing the Night Work (Women) Convention (Revised), 1948 (No. 89), the Committee asks the Government to keep it informed of any amendments to the Labor Code concerning night work of women.

3. Article 2. Equality of opportunity and treatment between men and women. With respect to the prevalence of women in low-income and low-skilled jobs in the private sector, the Committee notes the Government’s statement that job segregation continues to exist but that concerted efforts are being taken to expand the occupational mobility of women. The Committee notes that the Philippine National Plan of Action for Decent Work 2005–07 confirms that women face a narrower range of occupational choices than men resulting in fewer opportunities for skills and career development. Also, unemployment rates for young women have been systematically higher than those of young men. In addition, the National Plan identifies the need for greater protection of domestic workers, their number being estimated at roughly 600,000 to 2.45 million, most of whom are women. Many of them face long working hours, non-payment of wages, verbal, physical and sexual abuse, and insufficient accommodation. The Committee notes that the National Plan states that efforts to alleviate poverty and to promote decent work require that gender equality concerns be fully integrated into all strategies and responses to promote decent work in the country. The Committee hopes that the proposed responses under the National Plan of Action on Decent Work will contribute to improve women’s participation and integration into the economy, and asks the Government to provide information in its next report on the following points:

(a)   the impact of the measures carried out under the National Plan of Action on women’s skills and career opportunities and on improving their occupational mobility;

(b)   the specific measures taken, and the results achieved, to improve the working conditions and protect the rights of domestic workers, including freedom from discrimination;

(c)   the practical application of the Women in Development and Nation Building Act (RA 7192), as such information was not included in the Government’s report.

4. Article 3(e). Access of women to vocational training and education. The Committee notes the Government’s statement that stereotyping in vocational training and education persists, but that it is making efforts to address the systematic enrolment of men and women in traditional trades and occupations. The Committee notes in this regard the information provided by the Government on the various programmes of the Technical Education and Skills Development Authority (TESDA) in the area of technical and vocational education and training (TVET) and on the TESDA Women’s Centre which aims to promote women’s economic empowerment. The Committee asks the Government to provide information in its next report on the results achieved pursuant to the programmes carried out by TESDA, including the TESDA Women’s Centre, in overcoming the systematic enrolment of men and women in traditional trades and occupations and to promote the enrolment of women in vocational TVET programmes that offer them jobs with career opportunities. Please also provide statistical information disaggregated by sex on the enrolment of men and women in the various training courses of TESDA.

5. National policy with regard to religion and national extraction (indigenous peoples). The Committee notes the absence of information in the Government’s report concerning the concrete activities on equality of opportunity and treatment of indigenous peoples implemented under the 12-milestone agenda of the National Commission on Indigenous Peoples (NCIP), established under the Indigenous Peoples’ Rights Act (IPRA) 8371 of 1997. The Committee notes in this regard that an ILO study on equality and non-discrimination in employment and livelihoods of indigenous peoples, published in 2007, highlights that discrimination against indigenous peoples with respect to wage employment and non-wage livelihood activities as well as education and training remains widespread and that, on account of their ethnicity, they experience various forms of prejudice and intolerance. The study further highlights that few employers in the public and private sectors have complied with their obligation under IPRA and its Implementing Rules to hire indigenous peoples in proportion to their share in the population. The Committee notes that the ILO study makes a number of recommendations to address discrimination against indigenous peoples. These include, among others, to provide accessible and affordable educational and training opportunities, to raise awareness and foster understanding about indigenous peoples’ issues and rights and to systematically collect and analyse information on cases of discrimination against indigenous peoples in the world of work. The Committee further notes that the National Plan of Action on Decent Work has identified the need for activities to better implement the IPRA. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to ensure the effective application of the IPRA and to implement the 12-milestone agenda of the NCIP. Please also provide information on any follow-up given to the recommendations made by the ILO study on equality and non-discrimination in employment and livelihoods of indigenous peoples with a view to addressing and eliminating discrimination against indigenous peoples in employment and occupation.

6. Failure to provide information requested. Further to its observation, the Committee trusts that the Government will make every effort to provide in its next report information, including statistics, on the matters raised in its previous direct request which in relevant parts read as follows:

(a)   Article 3(d). Application in the public service. Information on the practical application of specific provisions on non-discrimination and equal opportunities of men and women under the Merit Promotion Plan (MPP) and the impact of the Civil Service Commission resolution No. 99-0684 on the promotion of equal opportunities for men and women at third-level positions in the civil service.

(b)    Information on the application in practice, and the results achieved, of resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. Please also supply the requested statistical data disaggregated by sex, religion and national extraction, if possible, on workers’ participation in the public service.

(c)    Part III of the report form. Enforcement. Indicate the likelihood that Bill
No. 119, which has been pending in Parliament for a number of years and which provides for a comprehensive enforcement machinery of non-discrimination against women, will be adopted.

CMNT_TITLE

1. Article 1 of the Convention. Lack of protection against discrimination in hiring. For a considerable number of years, the Committee has expressed concern over the lack of legislative prohibition of discrimination against women in hiring and the overly broad interpretation of inherent requirements of the job. It had noted in particular that section 135 of the Labor Code continued to provide that “favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sex” is unlawful discrimination. The Committee notes that section 135 still does not include a prohibition for such favourable treatment in the hiring of men over women on account of their sex. The Committee further notes the Government’s reply that the Philippine Constitution provides that the State shall ensure fundamental equality before the law between men and women and promote full employment and equality of employment opportunities for all. The Government further indicates that Republic Act (RA) of 12 May 1989 No. 6725 prohibits discrimination based on sex against women employees with respect to terms and conditions of employment, or favouring a male over a female employee. The Committee recalls that, pursuant to Article 1(3) of the Convention, discrimination on the basis of sex should be prohibited with respect to access to employment and occupation (including hiring), vocational training and terms and conditions of employment. While noting the Government’s explanations concerning the applicable constitutional provisions and RA No. 6725, the Committee remains concerned that the national legislation concerning equality and non-discrimination continues to contain a legal vacuum with respect to the protection against discrimination of women in hiring. The Committee again urges the Government to take the necessary legal steps to ensure that women are fully protected against discrimination in all aspects of employment in conformity with the Convention not only with respect to terms and conditions of employment, training and education opportunities and job security, but also in hiring practices. Awaiting any legislative changes, the Committee also requests the Government to provide detailed information on the measures taken or envisaged to prevent and address discrimination against women in hiring and the results achieved.

2. Failure to provide the information requested. For a considerable number of years the Committee has been asking the Government to provide information on a number of points raised in previous requests. These concern in particular: (i) the application of the Convention in the public service; (ii) the practical application of resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation; and (iii) the status of Bill No. 119 providing for a comprehensive enforcement machinery of non-discrimination against women. The Committee refers to its direct request and trusts that the Government’s next report will contain full particulars on the matters raised above.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

1. Article 1(1)(a) of the Convention. Sexual harassment. With regard to the application of the Anti-Sexual Harassment Act No. 7877, the Committee notes Department Order No. 57, series of 2004, on the Guidelines Implementing the Labor Standards Framework Towards Voluntary Compliance with Labor Standards in all establishments, workplaces and worksites, which is part of the self-policing mechanisms under the new inspection framework. It asks the Government to provide a copy of the Order and to indicate the number of enterprises that have adopted a self-policing mechanism, including on sexual harassment, and whether this has positively impacted on the prevention and monitoring of sexual harassment in the workplace. Further with regard to the application of RA 7877, the Committee encourages the Government to continue to monitor the implementation of the Act together with the social partners and to supply information on the results achieved by the labour inspection services since the inclusions of indicators of sexual harassment in the Statistical Performance and Reporting System (SPRS) form. Please also keep the Committee informed of any amendments to the Act.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from statistics collected by the Department of Labor and Employment (DOLE) that in January 2004 women continue to be predominantly employed as labourers and unskilled workers and mostly concentrated in the wholesale and retail trade (29.5 per cent) followed by agriculture (21.5 per cent), manufacturing (11.5 per cent) and private households (11.2 per cent). Further to its observation, the Committee asks the Government to provide the requested information on the application in practice of the Women in Development and National Building Act (RA 7192) and the specific activities undertaken by the National Economic and Development Agency (NEDA), with the assistance of the National Commission on the Role of Filipino Women, to improve women’s participation and integration in the economy. This should particularly include any measures taken to address male preference in the labour market and the prevalence of women in low-income and low-skilled jobs in the private sector.

3. National policy with regard to religion and national extraction (indigenous peoples). The Committee notes the extensive information provided by the Government on the 12-milestone agenda of the National Commission on Indigenous Peoples (NCIP), established under Indigenous Peoples’ Rights Act No. 8371 of 1997. It asks the Government to supply information on the concrete activities implemented under this plan, in particular those promoting equality of opportunity and treatment of the men and women belonging to indigenous peoples in employment, occupation and training, as well as an indication by means of statistics or otherwise of the results achieved. Further referring to its previous comments, the Committee notes the Government’s statement that it will provide a copy of Bill No. 456 aimed at ensuring equal employment opportunities to Muslims and tribal Filipinos once it is adopted. It hopes that the Government will soon be in a position to confirm adoption of the Bill and provide information on its practical application.

4. Failure to provide information requested. The Committee notes that the Government has once again failed to reply to a number of points raised in its previous direct request. It trusts that the Government will this time make every effort to provide in its next report information, including statistics, on the following points:

(a)  Article 3(d). Application in the public service. Information on the practical application of specific provisions on non-discrimination and equal opportunities of men and women under the Merit Promotion Plan (MPP) and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of equal opportunities for men and women at third-level positions in the civil service.

(b)  Information on the application in practice, and the results achieved, of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. Please also supply the requested statistical data disaggregated by sex, religion and national extraction, if possible, on workers’ participation in the public service.

(c)  Part III of the report form. Enforcement. Indicate the likelihood that Bill No. 119, which has been pending in Parliament for a number of years and which provides for a comprehensive enforcement machinery of non-discrimination against women, will be adopted.

CMNT_TITLE

Article 1 of the Convention. Lack of protection against discrimination in hiring. Over a number of years, the Committee had expressed its concern that employers’ preferences for hiring males were not considered to constitute unlawful discrimination due to the lack of any specific legislative prohibition against the practice and an overly broad interpretation of inherent requirements of the job. The Committee had noted that section 135 of the Labor Code continued to provide that "favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sex" is unlawful discrimination. Noting that section 135 still does not include a prohibition for such favourable treatment of men over women on account of their sex in hiring, the Committee urges the Government to take the necessary measures so that women are also protected against discrimination in hiring practices in conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the Civil Service Commission (CSC) Memorandum Circular 03, s.2001, on the revised policies on the Merit Promotion Plan (MPP), that integrated Gender Activity Development (GAD) concerns into the Plan. It notes that salient features of this MPP are, inter alia, specific provisions on non-discrimination on the ground of gender, a policy statement on the provision of equal employment opportunities for both women and men, and a mechanism for monitoring pregnant women and those on maternity leave. The Committee would be grateful for information on the practical application of the MPP to be supplied to the Office. With regard to the information on CSC resolution No. 99-0684 aimed at ensuring equal representation of women and men in a third-level position in the Government, the Committee asks once again for information on the impact the policy has had on the promotion of equal opportunities for men and women at third-level positions in the civil service, including statistical information. In addition, noting that the Government did not reply to the Committee’s previous request for information on the measures undertaken to address male preference in the labour market and the prevalence of women in low-income and low-skilled jobs in the private sector, as well as for other than third-level positions in the civil service, the Committee trusts that the Government will provide the requested information in its next report.

2. The Committee notes the Women in Development and National Building Act (RA 7192) that seeks to enhance women’s opportunities in the labour market by devolving a substantial portion of official development assistance funds by foreign governments and multilateral agencies and organizations to support programmes and activities for women. The Act identifies the National Economic and Development Agency, with the assistance of the National Commission on the Role of Filipino Women, as the responsible institution for improving women’s participation in national development and their integration in the economy. The Committee asks the Government to provide information on the practical application of RA 7192 and on the results achieved.

3. The Committee notes the outcome of the flash survey on the implementation of Anti-Sexual Harassment Act No. 7877 in the private sector, showing that 51 per cent of the respondent companies have a sexual harassment policy in accordance with this legislation. It also notes the efforts by the Department of Labor and Employment (DOLE) regional offices to promote an educational and awareness raising campaign to secure the acceptance and observance of RA No. 7877. The Committee asks the Government to continue to supply information on the practical application of the abovementioned Act and to indicate whether it envisages to amend it as indicated in its previous report. Further on the application, the Committee notes the development of a new inspection report form on sexual harassment and of indicators of sexual harassment in the Statistical Performance and Reporting System (SPRS) form. It asks the Government to supply information on the resulting changes to labour inspection and enforcement actions on sexual harassment following these developments.

4. The Committee once again notes that Senate Bill No. 119, which provides for a comprehensive enforcement machinery of non-discrimination against women has been pending in Parliament for a number of years. It again asks the Government to indicate the likelihood that the Bill will be adopted. In this regard, it also asks the Government to supply a copy of any court decision relating to enforcement of equality legislation.

5. The Committee again notes resolution No. 98-463 that bans discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. As in its previous comments, the Committee would appreciate receiving information on the results achieved by the implementation of the abovementioned resolution. It also asks the Government to supply statistical data disaggregated by sex, religion and national extraction, if possible, on the workers’ participation in the public service. Moreover, the Committee noted in its previous comments that Bill No. 456 aimed at ensuring equal employment opportunities to Muslims and tribal Filipinos had passed its first reading in the Senate. The Committee again asks the Government to supply a copy of Bill No. 456 once it has been adopted and to provide information on its practical application.

6. The Committee noted in its previous comments the adoption of Indigenous Peoples’ Rights Act No. 8371 of 1997 that extends to indigenous people the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of society. The Act also established a National Commission on Indigenous Peoples (NCIP), responsible for the formulation and implementation of policies, plans and programmes to promote the rights of indigenous peoples. The Committee again asks the Government to supply information on implementation of Act No. 8371 and on the activities of the NCIP for the promotion of equality of opportunity and treatment of indigenous peoples in employment, occupation and training.

CMNT_TITLE

In previous comments the Committee has expressed its concern that employers’ preferences in hiringmales were not considered to constitute unlawful discrimination due to the lack of any specific legislative prohibition against the practice and an overly broad interpretation of inherent requirements of the job. The Committee notes that section 135 of the Labour Code continues to provide that "favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes" is unlawful discrimination. Noting that section 135 still does not include a prohibition for such favourable treatment of men over women on account of their sex in hiring, the Committee hopes that the Government will soon be in a position to report that women are also protected against discrimination in hiring practices in conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the information in the Government's report.

1. In its previous direct request, the Committee expressed its concern that employers' preferences in hiring males were not considered to constitute discrimination by the Government, based on an overly broad application of the inherent requirements of a job. In this connection, the Committee notes with interest that the proposed amendment of section 135(b) of the Labor Code considers "favouring a male employee over a female employee with respect to promotion, training opportunities, and study and scholarship grants solely on the account of their sex" to be an act of discrimination. The Committee would further recommend that consideration be given to including "male preference in hiring" to the proposed amendment. It requests the Government to keep it informed on the progress made in the adoption of the proposed amendment of the Labor Code. The Committee further notes Memorandum Circular No. 8, series 1999, entitled "Policy on equal representation of women and men in third-level positions in government" issued by the Civil Service Commission (CSC) pursuant to its resolution No. 99-0684 of 22 March 1999. According to the Government, the CSC seeks with this policy to address inequities in gender representation in third-level positions in government with a view to increasing the number of women executives (the current ratio of women to men being 1:3). The Committee requests the Government to supply information on the impact the policy has had on the elimination of male preference in hiring and on the promotion of equal opportunities for men and women at third-level positions in the civil service. The Committee also requests the Government to indicate, in its next report, the practical measures taken or envisaged to address male preference in the labour market and the restriction of women to low-income and low-skilled jobs in the private sector as well as for other than third-level positions in the civil service.

2. The Committee notes the continuous efforts by the Department of Labor and Employment (DOLE) to eliminate sexual harassment in the workplace. It also notes the information on the cases received by the CSC on sexual harassment and the action taken accordingly, and encourages the Government to continue to provide such information in future reports. The Committee notes, however, the Government's statement that inspection reports of the Labor Inspectorate do not reflect findings on companies which have developed a policy on sexual harassment in accordance with Republic Act No. 7877 and its implementing Rules and Regulations. The Committee asks the Government to indicate how compliance with the Act is monitored and ensured in the private sector. The Committee also looks forward to receiving a copy of the flash survey carried out by the Employers' Confederation of the Philippines (ECOP) identifying the specific industries which have started implementing the requirements of Republic Act No. 7877. Noting further that some areas for amendment of Republic Act No. 7877 have been identified, the Committee requests the Government to keep it informed of any revisions of this Act.

3. As regards the implementation of Resolution No. 98-463 of the CSC, the Committee notes from information previously provided by the Government that, in 1992, the CSC designated Equality Advocates (EQUADS) to promote the equal opportunity policy in the civil service. The Government indicated in 1998 that, except for a nationwide information campaign in 1992 to ensure that government employees and members of the general public who are, or who have been, victims of discrimination due to their sex, religion, ethnic origin or political beliefs were given the facilities for airing and redressing their grievances, no further action had been undertaken by the EQUADS. Further, the Committee notes that the CSC was rethinking the role of the EQUADS as regards gender and development (GAD) issues and planned to reactivate it as a mechanism separate from other GAD mechanisms. In this regard, the Committee notes the information provided in the Government's report on the various initiatives to promote equal opportunities for women in development and encourages the Government to continue to provide such information in future reports. The Committee trusts that the Government will provide, in its next report, full information on the action taken by the EQUADS, and the CSC, to ensure equality of opportunity and treatment in employment and occupation on grounds of "political and religious affiliation, minority or cultural extraction or social origin" pursuant to paragraph 3 of Resolution 89-463. In this connection, the Committee notes with interest the adoption of the Indigenous Peoples' Rights Act No. 8371 of 1997, and in particular its section 21 (equal protection and non-discrimination) which extends to indigenous peoples the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of society; Chapter VII establishes a National Commission on Indigenous Peoples (NCIP) which is responsible for the formulation and implementation of policies, plans and programmes to promote the rights of indigenous peoples. Further, the Government's report indicates that Bill No. 456 to ensure equal employment opportunities to Muslims and tribal Filipinos has passed its first reading in the Senate. The Committee requests the Government to provide information on the implementation of Act No. 8371, including the activities of the NCIP as regards the promotion of equality of opportunity and treatment of indigenous peoples in employment and occupation, and to provide a copy of Senate Bill No. 456, upon adoption.

4. As regards the enforcement of equality legislation, the Committee notes the Government's statement that the report "Update on labor standards Enforcement as of March 1999" of the Bureau of Working Conditions (BWC), covering 8,527 establishments, does not show any violations of Republic Act No. 6725 (Strengthening prohibition of discrimination against women). The Committee wishes to point out that the absence of violations of equality legislation or cases brought before the court relating to those rights may be due to a general low level of knowledge and awareness amongst the public as well as labour inspectors of such legislation. The Committee therefore requests the Government to take further steps to publicize and explain the provisions of Republic Act No. 6725 and other relevant legislation among workers and employers and to consider organizing specialized gender training for labour inspectors on legislation designed to promote equality of opportunity and treatment in employment and occupation. The Committee further notes that Senate Bill No. 119, which provides for a comprehensive enforcement machinery of non-discrimination against women has now been pending in Parliament for a number of years. It requests the Government to indicate the likelihood that the Bill will be adopted.

5. The Committee notes with interest the adoption of the Philippine AIDS Prevention and Control Act of 1998 (No. 8504), and in particular section 35, which prohibits discrimination in any form from pre-employment to post-employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status of an individual; and provides that termination of employment on the sole basis of actual, perceived or suspected HIV status is unlawful.

CMNT_TITLE

1. The Committee notes the results of the study, conducted in 1991 by the Department of Labor and Employment (DOLE), entitled "Survey on Employment and Income Mobility of Women in Metro Manila", and requests the Government to indicate any measures taken to address the findings of the study concerning, among others, male preference in hiring and the compression of women workers into a restricted range of low-income and low-skilled jobs. In this connection, the Committee notes the Government's statement that employers' preference for hiring males based on the inherent requirements of a job is not considered discrimination, but a management prerogative. The Committee would draw the Government's attention to paragraphs 125 to 133 in its 1988 General Survey on equality in employment and occupation, in which it points out that any exception based on the inherent requirements of a job must be interpreted restrictively. For example, if an employer's belief as to whether one sex or another could perform a job was based on a stereotype of a group rather than on an individual's competence for a given task, that decision would not necessarily fall under the exception of the inherent requirements of the job. The Committee requests the Government to indicate any measures taken to ensure a restrictive application of Article 1, paragraph 2, of the Convention in law and practice to employment decisions concerning women.

The Committee notes that the Government's report contains no reply to its previous comments. It must therefore repeat its previous direct request, which read as follows:

1. Referring to its previous direct request, the Committee requests the Government to indicate whether consideration is being given to comprehensive machinery to enforce non-discrimination (as was anticipated in Senate Bill No. 119). It hopes the Government will continue to supply information on any other legislative or administrative measures adopted to give effect to the provisions of the Convention.

2. While noting that there have been no new developments concerning resolution No. 98-463 of the Civil Service Commission, the Committee would nevertheless be grateful for information on the practical measures taken by the Commission to afford protection to persons who hold and/or express particular political or religious views. Although, according to the report, the Commission has not scheduled any special career examination for members of cultural minorities, the Committee asks the Government to indicate whether efforts are made to encourage their participation in the regular career service examination. Please also provide information on the mechanism created by the Commission to ensure equality of opportunity and treatment in employment on all of the other grounds of the Convention, pursuant to paragraph 3 of the above-mentioned resolution.

The Committee hopes that the Government will make every effort to provide the requested information in its next report.

CMNT_TITLE

1. The Committee notes with interest the initiatives of the Government to integrate gender concerns in the enforcement of labour standards, by incorporating violations of Act No. 6725 (an Act strengthening prohibition on discrimination against women of 12 May 1989) as part of the items on inspection lists, as well as by prescribing women workers as one of the inspection priorities in 1997 under Administrative Order No. 47, series of 1997, issued by the Department of Labor and Employment (DOLE). The Committee requests the Government to provide information on the findings of the labour inspectorate in this regard.

2. The Committee notes with interest the information provided on the implementation of the project to eliminate sexual harassment, including the development of the model company policy and procedures, training modules and the numerous training activities, carried out on sexual harassment by the Bureau of Women and Young Workers of the DOLE. It asks the Government to continue to provide information on the activities of the project and the results achieved. It requests, in particular, information on the findings of the Bureau of Working Conditions (BWC), through the Labor Inspectorate Program, with regard to the number of companies that, so far, have developed Implementing Rules and Regulations (IRR) under Act No. 7877 (Anti-Sexual Harassment Act, 1995) and their functioning. Noting the attachment to the Government's report entitled "Oversight review of laws on women: Issues and Recommendations", which highlights various issues regarding the implementation of Act No. 7877, the Committee requests the Government to indicate measures taken or envisaged to implement the recommendations spelled out in the report, and to continue to provide information on the number and nature of complaints filed, and decisions rendered, under this Act.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous direct request, the Committee requests the Government to indicate whether consideration is being given to comprehensive machinery to enforce non-discrimination (as was anticipated in Senate Bill No. 119). It hopes that the Government will continue to supply information on any other legislative or administrative measures adopted to give effect to the provisions of the Convention.

2. While noting that there have been no new developments concerning resolution No. 89-463 of the Civil Service Commission, the Committee would nevertheless be grateful for information on the practical measures taken by the Commission to afford protection to persons who hold and/or express particular political or religious views. Although, according to the report, the Commission has not scheduled any special career examination for members of cultural minorities, the Committee asks the Government to indicate whether efforts are made to encourage their participation in the regular career service examination. Please also provide information on the mechanism created by the Commission to ensure equality of opportunity and treatment in employment on all of the other grounds of the Convention, pursuant to paragraph 3 of the above-mentioned resolution.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes with interest the adoption of Republic Act No. 7877 (the Anti-Sexual Harassment Act, 1995), which makes unlawful all forms of sexual harassment in the employment, education or training environment. The Committee also notes with interest the issuance of Administrative Order No. 250, which lays down the Rules and Regulations implementing Act No. 7877 in the Department of Labor and Employment (DOLE). The Committee requests the Government to provide information on the practical application of the legislation, such as any reports issued by the Committees on Decorum and Investigation, established in the DOLE, and any statistics maintained on the number of complaints received by these Committees. The Committee also asks the Government to provide information on the implementation of the project to eliminate sexual harassment, developed by the Bureau of Women and Young Workers of the DOLE, in coordination with the ILO. 2. The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

1. Referring to its observation, the Committee notes with interest the information provided by the Government concerning the measures taken to ensure equality of opportunity and treatment for working women within the framework of measures to improve the status of women more generally. The Committee requests the Government to continue to provide such details in its next report, including information on the passage of the Bills that are indicated in the report as pending approval in the Senate and Congress. In the event of legislation being enacted to establish machinery to enforce non-discrimination (as is anticipated, for example, in Senate Bill No. 119), the Committee requests the Government to provide full information on the creation of such an agency, its mandate, powers and composition.

2. Referring to its previous direct request, the Committee notes the statistical information provided by the Government concerning the special career examinations for cultural communities, held in 1989, for appointment to the civil service. The Committee requests the Government to indicate any further legislative or administrative measures being taken to promote equality of opportunity and treatment in the civil service or in other employment for cultural minorities, in particular as regards training.

3. The Committee notes that the Civil Service Commission's resolution No. 89-463, furnished by the Government, defines discrimination as "meaning any distinction, exclusion or preference made on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation". As the resolution qualifies the definition of the Convention by using the term "religious or political affiliation", the Committee requests the Government to provide detailed information on the protection afforded to persons who, though they may not belong to or be affiliated to a certain group, nevertheless hold and/or express particular political or religious views.

CMNT_TITLE

1. Referring to its previous direct request, the Committee requests the Government to indicate whether consideration is being given to comprehensive machinery to enforce non-discrimination (as was anticipated in Senate Bill No. 119). It hopes that the Government will continue to supply information on any other legislative or administrative measures adopted to give effect to the provisions of the Convention.

2. While noting that there have been no new developments concerning resolution No. 89-463 of the Civil Service Commission, the Committee would nevertheless be grateful for information on the practical measures taken by the Commission to afford protection to persons who hold and/or express particular political or religious views. Although, according to the report, the Commission has not scheduled any special career examination for members of cultural minorities, the Committee asks the Government to indicate whether efforts are made to encourage their participation in the regular career service examination. Please also provide information on the mechanism created by the Commission to ensure equality of opportunity and treatment in employment on all of the other grounds of the Convention, pursuant to paragraph 3 of the above-mentioned resolution.

CMNT_TITLE

1. The Committee notes with interest the adoption of Republic Act No. 7877 (the Anti-Sexual Harassment Act, 1995), which makes unlawful all forms of sexual harassment in the employment, education or training environment. The Committee also notes with interest the issuance of Administrative Order No. 250, which lays down the Rules and Regulations implementing Act No. 7877 in the Department of Labor and Employment (DOLE). The Committee requests the Government to provide information on the practical application of the legislation, such as any reports issued by the Committees on Decorum and Investigation, established in the DOLE, and any statistics maintained on the number of complaints received by these Committees. The Committee also asks the Government to provide information on the implementation of the project to eliminate sexual harassment, developed by the Bureau of Women and Young Workers of the DOLE, in coordination with the ILO.

2. The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

1. The Committee notes with satisfaction that the Government is making extensive efforts to eliminate discrimination and to promote equality of opportunity and treatment in employment for women, through policies and programmes that seek to deal comprehensively with the sources of inequality. In its previous comment, the Committee had noted with interest the provisions of the Women in Development and Nation Building Act (Republic Act No. 7192 of 1992), which among other things, requires all government departments and agencies to review and revise all their regulations, circulars and procedures with the aim of removing gender bias. The Act also gives the National Economic and Development Authority (NEDA) the mandate to ensure that government departments and agencies see to the participation of women and the integration of gender concerns in development programmes. The Committee notes that the NEDA, in consultation with the National Commission on the Role of Filipino Women, coordinated the drafting and finalization of the rules and regulations to implement the above-mentioned Act and distributed and explained to government agencies and other relevant bodies the obligations entailed, including the duty to submit a compliance report to Congress every six months. The Committee thanks the Government for supplying the first two compliance reports on this Act and requests it to continue to furnish information on the practical impact of the various measures being taken to ensure gender equity, including copies of further compliance reports.

2. The Committee is also addressing a request directly to the Government on other points.

CMNT_TITLE

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes with interest the information supplied on the achievement of the Philippine Development Plan for Women, 1989-92 (PDPW) following an impact evaluation of its implementation in the Department of Labor and Employment (DOLE) from 1989 to 1992. It notes from this information that the DOLE's plan focused on equal employment opportunities, sexual harassment, women homeworkers and women in migration in its effort to integrate working women's concerns into its programme. The implementation led DOLE to formulate policies on these issues, initiate training programmes, disaggregate data by sex for reporting activities, include equal employment opportunities in its internal merit promotion plan and adopt Administrative Order No. 68 of 1992.

The Committee requests the Government to continue supplying information on the impact and evaluation of the PDPW in other government departments and other sectors.

2. Noting the list supplied by the Government of numerous pending House and Senate Bills which concern the promotion of equality of opportunity and treatment between men and women in employment and occupation (covering matters such as the removal of restrictions on the number of childbirths for the enjoyment of maternity leave benefits, the increase of maternity benefits in the public and private sectors, the granting of paternity leave in the private and public sectors, the prohibition of gender discrimination and sexual harassment and the establishment of further national machinery to implement and enforce legislation ensuring equality of opportunity and treatment for women), the Committee asks the Government to continue providing information on the passage of the relevant Bills, as well as copies of any texts adopted and any implementing guidelines.

3. The Committee is grateful to the Government for supplying a copy of the Women in Development and Nation-building Act No. 7192 of 11 December 1991, which, inter alia, ensures economic equality and opportunity for women and their equal participation with men in national development activities. The Committee notes that the National Economic and Development Authority (NEDA), with the assistance of the National Commission on the Role of Filipino Women (NCRFW), is responsible for the implementation of this Act. The Committee requests the Government to provide more detailed information on the activities of NEDA and NCRFW, as well as the results achieved in the practical implementation of Act No. 7192, and any court decisions involving its implementation.

4. Regarding the special civil service examinations to qualify members of the cultural communities for appointment to the civil service, the Committee notes that pursuant to section 9(4) of Republic Act No. 6040 (the Civil Service Act of 1959), the Civil Service Commission (CSC) held unassembled examinations for the cultural communities to establish a register of eligible applicants among members of these communities from 1975 to 1980 and, in 1989, for the first time held special written examinations opening access to posts to them. The Committee requests the Government to provide statistical data on the outcome of this measure, as well as further information on legislative (such as progress in the passage of the pending House and Senate Bills which concern the promotion of equality of opportunity and treatment for cultural minorities in employment and occupation) or administrative (in addition to the nationwide education programme launched in 1989) measures taken or contemplated to promote equality of opportunity and treatment in access to employment and training for the country's minorities, including copies of any pertinent reports.

5. With regard to the grievance procedures for victims of discrimination based on gender, religion, ethnic origin or political belief contained in the Civil Service Commission's 1989 resolution "to institutionalize a long-range mechanism within the government sector to ensure equality of opportunities in employment and terms and conditions of work", the Committee notes that the resolution does not mention the other grounds of discrimination enumerated in Article 1, paragraph 1(a), of the Convention, such as race, colour, national extraction and social origin. It refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation, in which it states that, where provisions are adopted in order to give effect to the principle contained in Convention No. 111, they should include all the grounds of discrimination set forth in Article 1, paragraph 1(a). The Committee would appreciate receiving a copy of this resolution and hopes that measures will be taken to expand its provisions or to adopt others so as to mention expressly race, colour, national extraction and social origin. It requests the Government to inform it of measures taken or contemplated to this end.

CMNT_TITLE

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes with interest the launching and implementation of the Philippine Development Plan for Women (1989-1992). In this regard, it notes the efforts undertaken by the National Commission on the Role of Filipino Women to ensure the implementation of the Plan through the institutionalisation of gender-sensitive or responsive development planning and programming, including, among other things, an emphasis on gender consciousness raising and training. It further notes that, in response to the Development Plan, the Department of Labor and Employment included in its 1990-92 Agenda for Social Justice the reorientation of programmes to enhance full participation of women in the labour force and the promotion of women's access to training and career guidance services. The Committee requests the Government to supply information on the impact and evaluation of the Development Plan as it relates to the promotion of equality of opportunity and treatment between men and women in employment and occupation and the results achieved in this regard.

2. The Committee notes from the information attached to the Government's report that numerous House and Senate Bills are pending which concern the promotion of equality of opportunity and treatment between women and men in employment and occupation on topics such as the provision of day-care centres, sexual harassment, the granting of paternity leave, and the establishment of implementing national machinery to ensure equality of opportunity for women. The Committee requests the Government to provide information on the status of the relevant Bills and to supply copies of any texts adopted as well as any implementing guidelines.

3. The Committee notes with interest the recent adoption of the Women in Development and Nation-Building Act and requests the Government to supply a copy of this Act with its next report, as well as to provide relevant information on its implementation.

4. Further to its previous comments concerning the special civil service examinations to qualify members of the cultural communities for appointment to the civil service with a view to facilitating their integration and accelerating the development of the areas occupied by the cultural communities, the Committee notes from the Government's report that for the positions of Regional Cultural Community Officer (RCCO), Cultural Community Employee (CCE) and Cultural Community Officer (CCO), specialised written examinations have been given in 1989. The Committee requests the Government to continue to provide information on the manner in which this programme promotes the employment of members of the cultural communities in the civil service. It further requests the Government to supply information on any other promotional measures, legislative or administrative, taken or contemplated to promote equality of opportunity in access to employment and training for the country's national minorities.

CMNT_TITLE

Further to its previous comments, the Committee notes with satisfaction the adoption of Republic Act No. 6725 of 12 May 1989 which amends section 135 of the Labour Code by making unlawful and liable to penal sanctions, inter alia, payment of a lesser compensation, including wage, salary or other fringe benefits, to a female employee than to a male employee, for work of equal value; and the favouring of a male employee over a female with respect to promotion, training opportunities, study and scholarship. It also notes the guidelines promulgated, in consultation with major women's organisations and labour unions, to implement the provisions of Act No. 6725.

CMNT_TITLE

1. The Committee notes the information supplied by the Government concerning programmes for diversification of training and employment opportunities for women and other studies and programmes conducted by the Bureau of Women and Minors. It notes also the information contained in the report of the National Commission on the Role of Filipino Women ("The Women's Decade in the Philippines"), a copy of which was supplied with the Government's report.

The Committee requests the Government to continue supplying information on the activities of the Bureau of Women and Minors, as well as the National Commission, including copies of any reports or studies undertaken by them. It would appreciate receiving, in particular, further information on the bills intended to strengthen the prohibition on discrimination against women with respect to terms and conditions of employment referred to in the Government's report.

2. The Committee notes the indication of the Government in its report that a series of bills that are to give effect to section 14 of the Constitution are awaiting passage. It requests the Government to continue supplying information on developments in this regard. The Committee notes with interest the Government's indication in its report that the New Family Code (NFC) of 17 July 1987 repeals the Civil Code provision giving a husband veto power over his wife's exercise of profession or occupation or undertaking of a business. The Committee would be grateful if the Government would supply copies of these Codes.

3. In its previous comments, the Committee noted that a total of 46,770 members of the various cultural communities in the Philippines had been conferred eligibilities for the Regional Cultural Community Officer (RCCO), Cultural Community Officer (CCO) and Cultural Community Employee (CCE) by the Civil Service Commission as of October 1983, with a view to facilitating the integration of the members of the cultural communities and accelerating the development of the areas occupied by them. The Committee notes the Government's indication in its latest report that the Civil Service Commission is currently holding meetings and studies for the full implementation of the plan for the next year. The Committee requests the Government to supply information on the application of this plan, as well as, more generally, on any other promotional measures, legislative or administrative, taken or contemplated to promote equality of opportunity and treatment in access to employment and training for the country's national minorities.