Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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.