Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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.