Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forced Labour Convention, 1930 (No. 29) - Philippines (Ratification: 2005)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the information from a March 2012 report of the International Trade Union Confederation (ITUC) that men, women and children are trafficked inside and outside the Philippines for the purpose of prostitution, involuntary domestic service and forced labour in industries, manufacturing, fisheries, agriculture and construction. This report indicated that a lack of understanding of trafficking and the anti-trafficking legislation among many judges, prosecutors, social service workers, and law enforcement officials remains an impediment to successful prosecutions.

The Committee notes the Government’s indication that the Department of Labour and Employment developed a manual of procedures in handling complaints of trafficking in persons, and that it has carried out several trainings for officials on the issue of trafficking. The Government also indicates that the creation of regional offices of the Department of Labour and Employment resulted in the rescue of 375 victims of trafficking for labour exploitation in 2012, and that the Inter-Agency Council Against Trafficking (IACAT) carried out, with international cooperation, rescue and assistance missions for 21 such victims in three countries in the region. According to the information available on the IACAT website, there were 99 persons convicted for trafficking-related offences between 1 July 2010 and 1 July 2013. The Committee also notes the statement in the report of the Special Rapporteur on trafficking in persons, especially women and children, of 19 April 2013 that the Philippines faces significant challenges as a source country for trafficking, with its citizens being trafficked to different countries of the world. This report also states that the prosecution rate for this offence remains very low, perpetuating the impunity of traffickers and obstructing victims’ access to justice (A/HRC/23/48/Add.3, paragraphs 3 and 80). The Committee requests the Government to strengthen its efforts to combat trafficking in persons, and to ensure that thorough investigations and robust prosecutions are carried out against perpetrators of this offence. It requests the Government to continue to provide information on measures taken by the IACAT, and on the results achieved, particularly with regard to the number of investigations, prosecutions, convictions and the penalties applied.

2. Complicity of law enforcement officials in trafficking activities. The Committee previously noted the indication in the ITUC report that the police are often complicit with traffickers. While some officers had been suspended, there had been no convictions of officers for complicity in trafficking activities.

The Committee notes the Government’s statement that it is aware that corruption plays an important role in undermining anti-trafficking efforts, and thus the Department of Justice focuses on prosecuting government officials and elected persons involved in facilitating and promoting trafficking. In this regard, the Government indicates that government officials who were found to be involved in acts of trafficking were subject to investigation, and that 27 administrative cases have been filed against 67 government employees for their alleged involvement in human trafficking. However, the Committee also notes the statement in the report of the Special Rapporteur on trafficking in persons, especially women and children, that despite widespread acknowledgement of the problem by Government officials, deep-rooted corruption at all levels of law enforcement continues to be a major obstacle in identification of trafficked persons, and that in numerous cases, law enforcement officials were directly implicated in trafficking cases (A/HRC/23/48/Add.3, paragraph 43). The Committee once again expresses concern at allegations of complicity of government officials with human traffickers and strongly urges the Government to strengthen its efforts to combat this phenomenon. It requests the Government to take the necessary measures to ensure that government officials complicit with human traffickers are prosecuted and that sufficiently effective and dissuasive criminal penalties are imposed in practice. It requests the Government to continue to provide information on measures taken in this regard, in its next report.

Articles 1(1) and 2(1). Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee previously noted the information from the ITUC that a great proportion of the 2 million Filipinos working abroad are female domestic workers in Asia and the Middle East, who frequently experience abuses including unpaid wages, food deprivation, forced confinement in the workplace, and physical and sexual abuse. Traffickers often present themselves as recruiters and use fraudulent recruitment practices, hiring fees, use of violence, withholding of travel documents and salaries, psychological intimidation and other practices, to force their victims into work. It also noted that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations of 22 May 2009, expressed concern that, despite the Government’s efforts to protect the rights of Filipino migrant workers abroad, abuse and exploitation continue, especially of women migrants. The CMW also expressed concern at claims that private recruitment agencies continue to overcharge fees for their services and act as intermediaries for foreign recruiters, which may increase the vulnerability of migrants. The CMW further expressed concern about the significant number of Filipino workers abroad who are victims of trafficking (CMW/C/PHL/CO/1, paragraphs 31, 41 and 47).

The Committee notes the Government’s indication that the Philippine Overseas Employment Administration continues to provide assistance to departing workers, to regulate the operations of private employment agencies and to maintain a list of suspended or banned employment agencies. The Government maintains 31 posts in 26 countries of the Overseas Workers Administration, including 25 welfare officers, to meet the needs of migrant Filipino workers. The Government further indicates that it has undertaken awareness and public information campaigns, using a wide range of mediums, including seminars on illegal recruitment, campaigns targeted for source areas, symposiums as well as radio and television advertisements. The Committee also notes the information in the report of the Special Rapporteur on trafficking in persons, especially women and children, of 19 April 2013, that the high demand for female domestic workers from the Philippines and the large number of Filipinos seeking overseas employment in this sector has led to trafficking for domestic servitude being one of the most prevalent forms of cross-border trafficking. The vast majority of women and children are clandestinely “recruited” by illegal agents to work as domestic workers, mostly in the Middle East, where victims are locked in their employers’ homes, exploited and physically and/or sexually abused (A/HRC/23/48/Add.3, paragraph 9). The Committee therefore urges the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, including additional measures to address the exploitative practices of private recruitment agencies. The Committee requests the Government to continue to provide information on measures taken in this regard, including information on international cooperation efforts undertaken to support migrant workers in destination countries, and measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse.

The Committee is raising other points in a request addressed directly to the Government.