Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Law enforcement measures and penalties. The Committee notes the Government’s indication in its report that the Inter-Agency Council Against Trafficking (IACAT) has been implementing and monitoring cases of trafficking in persons through a certain number of measures and programmes, including: (i) the second National Strategic Action Plan for 2012–16 that provides for a medium-term roadmap for the implementation of the Government’s plans, programmes and activities against trafficking; (ii) the Public Assistance Corner, as a tool wherein the public can report or share information on trafficking in persons; (iii) the development of the Manual on the Labour Dimension of Trafficking in Persons, which is designed to provide law enforcement bodies with conceptual clarity on forced labour/trafficking, and victim-related issues; and (iv) the establishment of Law Enforcement Task Forces Against Trafficking in Persons and Quick Reaction Team (QRT), composed of prosecutors, law enforcement investigators, welfare officers and NGOs acting in hotspot areas, including sea spots, airports and land terminals all over the country. As of 2015, 24 existing anti-trafficking task forces have been established. All task forces are an indispensable part in the rescue operations, and prosecution of traffickers. The Committee further notes that according to the statistics contained in the website of the IACAT, there were 259 convictions pronounced for trafficking in persons as of 31 August 2016, with a total of 282 persons condemned to imprisonment ranging from six years to life imprisonment. The Committee requests the Government to continue to take measures to combat trafficking in persons and to continue to strengthen the capacity of law enforcement agencies in identifying victims and dealing with the complaints received. The Committee also requests the Government to provide information on the activities within the framework of the second National Strategic Action Plan for 2012–16, as well as the results achieved in combating trafficking in persons. Lastly, the Committee requests the Government to continue to provide information on the number of investigations, prosecutions and the penalties imposed with regard to cases of trafficking in persons.

Complicity of law enforcement officials in trafficking activities. The Committee notes the Government’s indication that the Department of Justice promptly investigates all employees reported to be involved in acts of trafficking, and imposes administrative sanctions on those who were found liable after due process of law. The Government also refers to the case of two employees from the Bureau of Immigration who were found guilty of violation of the 2003 Anti-Trafficking Act, by facilitating the exit of a passenger despite having in their possession fake documents, with intent to work in another country. They were sentenced to 15 years’ imprisonment and a fine. The Committee encourages the Government to continue to take measures to ensure that all persons who engage in trafficking in persons, including complicit government officials, are subject to thorough investigations and prosecutions, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to continue to provide information in this respect.

Protection and assistance to victims. The Committee notes the Government’s indication that the IACAT 1343 Actionline Against Human Trafficking, as a hotline service, has been established to receive and respond to requests for assistance, inquiries and/or referrals relating to trafficking. In 2015, the Actionline received a total of 62 reports. Some 25 of these reports were confirmed to be trafficking cases which resulted in 62 victims (32 male and 30 female victims) being given assistance and appropriate referrals. The Committee further notes the statistical information provided by the Government for 2015. It notes, in particular, that a total of 198 rescue and entrapment operations were conducted by IACAT Task Forces resulting in the rescue of 430 victims and the arrest of 132 perpetrators. Moreover, the National Bureau of Investigation Anti-trafficking Division (NBI–AHTRAD) conducted 48 operations that led to the rescue of 303 trafficking victims and the arrest of 151 offenders. All these operations resulted in filed cases, where 35 are presently under preliminary investigation and 34 cases have already been filed in court. The Government also indicates that in 2015, the IACAT secretariat received 364 deferred departure incidents involving 3,587 passengers who were endorsed to the port-based task force. In the conduct of the investigations, 18 of these incidents were found to be actual cases of trafficking in persons. With regard to the shelters provided to the victims, the Government indicates that in addition to shelters operated by the Department of Social Welfare and Development (DSWD) and NGOs, the IACAT Operation Centre (OPCEN) established a temporary shelter for witnesses and trafficking victims. It served as a temporary holding area for the rescued victims who were eventually turned over the DSWD for the provision of protection services. As a support centre, the OPCEN assists service providers in investigation, prosecution and protection of victims. The OPCEN greatly contributed to the prosecution of trafficking cases, by persuading a total of 75 victims/witnesses in different areas in the country and escorting them to attend their respective court hearings.

The Committee takes due note of the different measures taken by the Government to provide assistance to victims of trafficking. Furthermore, the Committee notes that while welcoming the efforts made by the Government to prevent and combat trafficking in persons, the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 22 July 2016, noted with concern that the Government remains a source country for international and internal trafficking, including for sexual exploitation, forced labour and domestic servitude. The CEDAW pointed out, among other aspects, the lack of designated shelters for victims of trafficking as well as support for rehabilitation and reintegration (CEDAW/C/PHL/CO/7-8, paragraph 27).

The Committee encourages the Government to continue to take measures to provide appropriate protection and assistance to victims of trafficking. The Committee also requests the Government to provide information on the different measures taken to facilitate the subsequent reintegration of victims of trafficking into society.

Articles 1(1) and 2(1). Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee notes the Government’s statement that the Philippine Overseas Employment Administration (POEA) has stepped up its campaign against abusive practices of private recruitment agencies. In 2014, some 54 private recruitment agencies’ licences were cancelled by the POEA on account of unethical recruitment practices and violations of Philippine migration laws and regulations such as misrepresentation, illegal collection of placement fees, non-issuance of appropriate receipts, and disregard of orders, notices and other legal processes. The POEA has also adopted a “no placement fee policy” to all destination countries which prohibit such charges to the migrant workers, to vulnerable workers like domestic workers and to Filipino seafarers working on board foreign flag vessels. In 2015, a joint Manual of Operations in Providing Assistance to Migrant Workers and other Filipinos Overseas was signed by six government agencies. The Manual outlines the roles and responsibilities of the respective agencies and overseas offices to provide assistance services, including legal and medical aid to Filipino migrant workers. The Committee takes due note of this information, and requests the Government to continue to take measures to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. The Committee also requests the Government to provide statistics on the number of migrant workers who have benefited from POEA services, in terms of assistance received in case of forced labour practices.

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