Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

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.