Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

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.