Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Philippines (Ratification: 1960)

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.