Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Law enforcement measures and penalties. The Committee previously requested the Government to provide information on the measures taken to strengthen the capacity of law enforcement agencies and the activities undertaken within the framework of the National Strategic Action Plan for 2012–2016.

The Committee notes the Government’s indication in its report that the Anti-Trafficking Task Forces all over the country have conducted a total of 136 training, capacity-building and seminars on trafficking in persons and other related topics which were attended by a total of 6,593 participants. Some 2,098 came from private sectors and non-government organizations while 4,495 were government personnel. The Committee further notes the Government’s indication in its supplementary report that in 2019, the Anti-Trafficking Task Forces conducted training on trafficking in persons for the purpose of labour exploitation for 130 members of government agencies. In addition, the Inter-Agency Council Against Trafficking (IACAT) conducted training on handling trafficking in persons and victim protection.

The Government also indicates in its report of 2019 that the National Bureau of Investigation (NBI) is in the final drafting stage of the creation of the NBI Manual and Standard Operating Procedures for Trafficking in persons and online sexual exploitation of children cases. This aims to improve the efficiency of investigations and operations involving trafficking in persons and online sexual exploitation of children cases. Moreover, in 2018, the NBI conducted 32 operations nationwide causing the arrest of 67 offenders and the rescue of 620 victims, 123 of whom are minors. There were a total of 201 illegal recruitment cases, 75 (37 per cent) of which were filed in Court. The National Police has investigated a total of 300 trafficking in persons cases, which resulted in the rescue of 1,039 victims and the arrest of 498 suspects. The Committee further notes that in 2019, the NBI conducted 55 anti-trafficking operations, resulting in the arrest of 234 offenders, and the rescue of 504 victims. In addition, the national police investigated 153 cases of trafficking in persons, rescued 729 victims and arrested 222 suspects. According to the Government, the establishment of 24 Anti-Trafficking Task Forces in the country with 226 prosecutors significantly contributed to the increase in the prosecution of cases of trafficking in persons. In 2019, the Anti-Trafficking Task Forces comprised 236 prosecutors, enhancing local law enforcement, including in rescue operations, to ensure that cases are reported and filed with the local prosecutor. The Committee notes that in 2018, a total number of 88 persons were convicted, in comparison with 48 in 2017. In 2019, 76 convictions were pronounced for cases of trafficking in persons, with a total of 85 persons convicted.

The Committee notes that a 2017–2021 National Strategic Action Plan against trafficking in persons (Strategic Action Plan) has been adopted. In this regard, the Government indicates in its supplementary report that the Strategic Action Plan details core programmes and planned outcomes by key result areas: (i) prevention and advocacy; (ii) protection, recovery, rehabilitation and reintegration; (iii) prosecution and law enforcement; and (iv) partnership and networking. The IACAT is responsible for monitoring the full implementation, cooperation and coordination of the national anti-trafficking response. As part of the implementation of the Strategic Action Plan, six anti-trafficking task forces were established to intercept the operations of suspected trafficking at points of entry on land, and in airports and seaports, resulting in the interception of six alleged offenders in 2019 and the rescue of 1,002 victims. In addition, an Anti-Trafficking capacity-building module was developed for local government units to strengthen their capacity to provide concrete responses in addressing trafficking in persons. Committees on anti-trafficking and violence against women were created in a large number of provinces, cities and municipalities of the country. In the area of prevention and advocacy, educational and awareness communication materials were developed on specific types of trafficking.

The Committee also observes from the UNICEF 2016 Summary Report on Situation Analysis of Children in the Philippines that domestic and cross-border trafficking of women and children for sexual exploitation continues, with 1,465 victims of trafficking assisted in 2015, and sex tourism reportedly on the rise (page 24). Taking due note of the measures adopted by the Government, the Committee requests it to continue taking measures to strengthen the capacity of law enforcement bodies to combat trafficking in persons and identify victims of trafficking, as well as to provide statistical information on the number of legal proceedings initiated, convictions handed down and penalties imposed. The Committee also requests the Government to continue indicating the measures that have been taken to implement the 2017–2021 National Strategic Action Plan against trafficking in persons, and the results achieved in this regard.

Complicity of law enforcement officials in trafficking activities. The Committee notes the Government’s indication in its supplementary report according to which the IACAT applies a zero-tolerance policy towards any form of complicity by government officials in cases of trafficking. Reports of allegations against government officials are therefore thoroughly investigated. In 2019, most allegations of government complicity in cases of trafficking in persons involved illegal activities at the country’s entry and exit points. Several measures were taken to combat the involvement of government officials in corrupt practices, including: (i) investigations of alleged trafficking in persons networks at airports, of immigration officials identified as having facilitated trafficking in persons, and of the Regional Consular Office in Cobato where most fraudulent passports were issued; and (ii) the monitoring of personnel at the Bureau of Immigration during inspections of passengers leaving the country.

The Government indicates that five officials were convicted for cases relating to trafficking in persons between 2009 and 2020, including three police officers. All were sentenced to life imprisonment. The Government further indicates that the IACAT is developing a guideline to investigate and resolve corruption cases related to trafficking in persons. The Committee requests the Government to pursue its efforts to ensure that complicit law enforcement officials are subject to thorough investigations and prosecutions, and that appropriate and dissuasive penalties are imposed. It requests the Government to continue providing information on the number of cases registered and prosecuted, as well as the sanctions imposed.

Protection and assistance to victims. The Committee notes the Government’s indication that the Department of Social Workers and Development (DSWD) implements the Recovery and Reintegration Program for Trafficked Persons (RRPTP) since 2011. The RRPTP is a comprehensive programme that ensures that adequate recovery and reintegration services are provided to trafficked persons. Utilizing a multi-sectoral approach, it delivers a complete package of services that will enhance the psychosocial, social and economic needs of the victims. It also enhances the awareness, skills and capabilities of the families and the communities where the trafficked persons will eventually return. It also improves community-based systems and mechanisms that ensure the recovery of the victims, and prevents other families and community members from being victims of trafficking. In 2018, according to the DSWD, the RRPTP served and assisted a total of 2,318 identified trafficked persons, of whom 1,732 (75 per cent) are women while 611 (26 per cent) are minors. The Government further indicates in its supplementary report that in 2019, the RRPTP served and assisted 2,041 victims of trafficking. In addition, financial assistance was provided to 27 victims through the Victim Compensation Programme of the Department of Justice in 2019. A total of 291 victim-witnesses also received assistance under the Victim-Witness Coordinator Programme, which is a pilot project aimed at encouraging cooperation during the investigation, prosecution and trial of cases of trafficking in persons. The Government adds that the IACAT Operations Centre (OpCen) serves as a referral centre for victim protection and assistance, including referrals to reintegration services. In 2019, OpCen provided transportation and security assistance to 171 victims of trafficking in persons.

The Government also indicates that in June 2018, a Residential Care Facility for Male Victims of Trafficking in Mindanao was set up in collaboration with the Local Government Unit of Tagum City. It aims to provide services in recovery, rehabilitation and reintegration of trafficked victims. As of 2018, there were 44 residential care facilities available in the country for victims of trafficking: 24 for children; 13 for women; 1 for men; 4 for older persons; and 2 for processing centres. The Committee requests the Government to continue to take measures to ensure that appropriate protection and assistance is provided to victims of trafficking and to provide statistical information on the number of victims who have been identified, as well as those who have benefited from the RRPTP services.

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 indication that, the Department of Foreign Affairs, Department of Health, Department of Labor and Employment, Department of Social Welfare and Development, Department of Interior and Local Government, Manila International Airport Authority, Philippine Overseas Employment Administration and Philippine Charity Sweepstakes Office, issued a joint memorandum circular No. 2017-0001 dated 16 June 2017 entitled “Integrated Policy Guidelines and Procedures in the Implementation of the Inter-Agency Medical Repatriation Program (IMRAP) for Overseas Filipinos”. This programme aims to establish an integrated system and process flow in medical repatriation among appropriate government agencies and stakeholders. In addition, the Government indicates that the Philippine Overseas Employment Administration (POEA) provides overseas jobseekers with Pre-Employment Orientation Seminar (PEOS) on, for example, legal modes of recruitment, the procedures and documentary requirements when applying for jobs, and the government services available to overseas job applicants and hired workers. For 2018, the POEA conducted community-based PEOS with a total of 30,517 participants, among them 9,935 males, 10,848 females and 9,736 with unspecified sex. The POEA has also entered into partnerships with 50 local government units and one non-government organization and conducted 48 anti-illegal recruitment and anti-trafficking in persons seminar nationwide, with 1,695 male participants and 1,544 female participants. The Committee notes the Government’s indication in its supplementary report that prior to the departure of Filipino workers abroad, the Department of Labour and Employment ensures that all workers are properly documented. Pre-departure and post-arrival orientation seminars are also organized.

To address the vulnerability of overseas Filipino workers, particularly female domestic workers, the Government indicates that it has concluded bilateral labour agreements with destination countries and conducts regular dialogue with them to ensure that workers’ rights and welfare are protected. In addition, the Philippine overseas labour offices (POLOs) intervened in 40 countries to help workers address issues and concerns related to their working conditions and welfare, including shelter, repatriation assistance and other welfare services. From July 2016 to May 2020, 3,000,506 overseas Filipino workers received on-site assistance from the POLOs. Furthermore, the Government indicates that the overseas Filipino workers command centre (OCC) of the Department of Labour and Employment ensures that all workers’ concerns are addressed promptly. The OCC serves as the 24/7 central referral and action centre for all migrant workers’ inquiries. The Government states that, from 2018 to 2020, a considerable number of private recruitment agency licences were cancelled due to violations of recruitment laws and regulations, and a number of recruiters were convicted.

Taking due note of the measures adopted by the Government, the Committee requests it 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 continue to supply information on the pre-departure services provided for migrant workers, indicating also the number of migrant workers victims of forced labour practices and the assistance received in such cases. Lastly, the Committee requests the Government to indicate the number of recruiters convicted for illegal practices and the penalties imposed in this regard.