Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Philippines (Ratification: 2006)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s reports received in 2017 and 2021, and its report on the Migration for Employment Convention (Revised), 1949 (No. 97) which contains information relevant to the application of Convention No. 143.

Article 1 of the Convention. Basic human rights of all migrant workers. In reply to the Committee’s previous comment, the Government indicates, in its reports, that the pre-employment and pre-departure orientation seminars delivered by the Philippine Overseas Employment Administration (POEA) and the Overseas Workers Welfare Administration (OWWA) provide overseas Filipino workers with a basic overview of labour laws, employment contracts and rights as foreign workers, country-specific information, understanding local culture and customs, best financial practices to make the most out of their overseas employment, and the mechanisms to request assistance from Philippine Embassies and Consulates. The Committee further notes, the Government’s indication that, in February 2017, the Department of Labor and Employment (DOLE), through the International Labor Affairs Bureau, established a 24/7 Assistance to Migrants and their Families Desk (AMD), which was renamed the Overseas Filipino Workers’ Command Centre, to serve as the central referral action hub for all migrants’ concerns needing immediate action and assistance. The Centre is open for walk-ins and also available for email, text, and telephone requests, and is accessible through social media and online messaging platforms. However, the Committee notes that the Government’s reports are silent on the issue of migrant workers in an irregular situation, and recalls that under Article 1 of the Convention, the basic human rights of all migrant workers, including those in an irregular situation, must be protected. Noting the absence of information provided in this regard, the Committee requests the Government to provide information on: (i) the percentage of overseas Filipino workers that participated in the pre-departure, pre-employment and post-arrival orientation seminars organized by the various institutions, and on whether these orientations include information on the available mechanisms for complaints and redress in the country of origin; (ii) any measures taken to ensure respect of basic human rights of migrant workers in an irregular situation; and (iii) the practical application of section 4 of Republic Act (RA) No. 10022, including the list of host countries determined on the basis of this provision.

Household service workers. With reference to its previous comment, the Committee notes that the Government does not explain the reasons for imposing an age limit of 23 years for the deployment of household workers. The Committee therefore reiterates its requests that the Government explain the reasons for imposing an age restriction on the deployment of household service workers and to indicate whether such age restrictions have been imposed on other, male predominant, sectors in which Filipino overseas workers are deployed. Please also indicate whether any consideration is being given to lifting the age restriction on the employment of household service workers, with a view to ensuring respect for the basic human rights of all workers, including the right to non-discrimination, and to report on any progress made in this regard. Finally, the Committee requests the Government to provide specific information on the measures taken to ensure protection of human rights of female overseas workers, including of household service workers, and their impact.

Restrictions on trade union activities. The Committee notes the Government’s indication, in reply to its previous comment, that House Bill No. 4448, “An Act Allowing Aliens to Exercise their Right to Self-Organization and Withdrawing Regulation of Foreign Assistance to Trade Unions, amending for the purpose the Labour Code”, proposes to amend the Labor Code so as to allow all migrant workers and foreign organizations to engage in trade union activities in the Philippines. However, as noted in the observation it adopted in 2020 on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the proposed amendment has been pending for 10 years and no substantial progress has been made to adopt the pertinent legislation. The Committee also notes, from the Government’s fifth periodic report under the International Covenant on Civil and Political Rights (ICCPR), that the Government explains the absence of any amendment made to the law by stating that the principle of reciprocity is a universally accepted principle in international relations (CCPR/C/PHL/5, 3 October 2019, para. 98).The Committee recalls that Article 1 of the Convention is not subject to reciprocity, and applies to all migrant workers, including those in an irregular situation; the basic human rights referred to in this article including freedom of association and the right to organize (General Survey on migrant workers, 1999, paragraphs 296–297). The Committee refers to its comment on Convention No. 87 and requests the Government to take the necessary steps to amend sections 269 and 272(2) of the Labour Code without delay.

Article 2. Measures to detect migration in abusive conditions, and illegal employment of migrants. With reference to its previous request, the Committee notes the statistics provided by the Government in its reports. It notes that, as of December 2013, 1,161,830 overseas Filipinos (11.3 per cent of the total estimated number of overseas Filipinos) were in an irregular situation (they were 704,916 – or 8 per cent – in December 2010). The Committee further notes the Government’s indication that the Bureau of Immigration is the main government agency looking into the existence of illegally employed migrants, but that no information is provided by the Government on the number of irregular migrant workers present in the Philippines. The Committee requests the Government to provide information on the activities of the Bureau of Immigration and the Legal Assistant for Migrant Workers’ Affairs in detecting migration in abusive conditions; as well as statistical information, disaggregated by sex, on: (i) the number of foreign workers that have entered or are employed in the Philippines in an irregular situation; and (ii) the number of overseas Filipino migrant workers in an irregular situation. Noting the absence of information provided in this regard, the Committee again requests the Government to: (i) indicate how workers’ and employers’ organizations are being consulted and enabled to furnish information; and (ii) confirm that, through the shared government information system, it is able to effectively detect whether any migrant workers depart from, transit or arrive in the country in abusive conditions, or are illegally employed.

Articles 3 and 4. Measures to prevent and address irregular migration and the illegal employment of migrant workers. With reference to its previous comment, the Committee notes the Government’s information on the amendment, in 2016, of the POEA Rules and Regulations Governing the Recruitment and Employment of Land-based and Sea-based Overseas Filipino Workers, which set out the policy on illegal recruitment and enumerate the requirements and processes for recruitment agencies to secure licenses and legal assistance to overseas Filipino workers, among others. The Government further indicates that the Inter-Agency Council Against Trafficking (IACAT) has a total of 24 task forces (2 national, 16 regional and 6 port-based task forces). The Committee welcomes the Government’s indication that, in 2013, the Commission on Filipinos Overseas (CFO) became a permanent member of the IACAT. The Committee also notes, from the Government’s report on Convention No. 97, that the POEA has been conducting seminars to raise awareness and educate against illegal recruitment and trafficking in persons among key stakeholders, including law enforcers and prosecutors. It has also developed several informational materials such as printed flyer posters discussing preparations to work abroad, identifying illegal recruiters and their modus operandi and replying to frequently asked questions on overseas employment, among others. It launched different social media campaigns and audio visual presentations to cater to wider audiences, providing tips on the legal procedure to apply for overseas employment and on how to avoid illegal recruitment.The Committee notes, however, that no information is provided on the activities of the IACAT and the other institutions responsible for preventing and addressing migration in abusive conditions. The Committee therefore again asks the Government to provide information on: (i) the activities and measures taken by the various institutions, including the CFO, the IACAT, the Migrant Workers’ and Overseas Filipinos Resource Centres (MWRC) in the host countries, the POEA, the Bureau of Immigration, the Philippines Centre of Transnational Crimes and the Interpol Department to prevent and address migration in abusive conditions and against the organizers of such movements, including measures to enhance cooperation and mutual assistance among foreign countries; (ii) the results achieved by the said measures; and (iii) any specific legal and practical measures adopted against those who are employing workers who have migrated under irregular conditions into the Philippines.

Article 5. Authors of trafficking for labour purposes. The Committee notes, from the Government’s report on the ICCPR, the organization of the 5th Bilateral Meeting between the Philippine National Police and the Royal Malaysian Police, held in May 2017, as part of the Government’s efforts to cooperate with foreign governments to combat human trafficking. The Government also mentions that, with support from the ILO and the Australia-Asia Program to Combat Trafficking in Persons (AAPTIP), it conducted the ASEAN Regional Workshop on Effective Investigation and Prosecution of Trafficking in Persons for Labour Exploitation in June 2017. The workshop focused on sharing and documenting regional and national best practices; on proper identification of cases; on investigation and prosecution of trafficking in persons cases involving labour trafficking; and on available legal remedies for migrant workers (CCPR/C/PHL/5, 3 October 2019, para. 70(l) and (m)). The Committee welcomes these efforts and requests the Government to provide information on: (i) any new arrangements at national or international level to ensure that traffickers for labour purposes can be prosecuted regardless of the country they operate from; and (ii) the concrete results achieved by this international cooperation in terms of international investigations and prosecutions.

Article 6. Civil, penal and administrative sanctions. The Committee notes the Government’s indication, in reply to its previous comment, that, between 2011 and 2015, the POEA filed 715 cases of illegal recruitment with the Department of Justice for the conduct of preliminary investigations. POEA lawyers appeared as special counsels during preliminary investigations in 325 of these cases and as special collaborating prosecutors in 48 cases filed in court. The Government also indicates that, between 2010 and 2015, 48 establishments were ordered to close by the POEA Administrator for engaging in illegal recruitment practices; and that the IACAT reported 238 convictions for violation of the anti-trafficking law, involving 262 convicted persons. The Committee requests the Government to continue to provide information on (i) any proceedings regarding illegal recruitment and trafficking in persons (indicating the details of the case, the outcome of the proceeding and any remedies granted and penalties imposed); and (ii) the number of licences of private recruitment agencies that have been suspended, cancelled or revoked because of illegal recruitment practices.

Article 7. Consultation with employers’ and workers’ organizations. The Committee notes the Government’s general indication that the POEA has been convening tripartite meetings and promoting inclusive participation of all its stakeholders, whether workers’ or employers’ representatives. The Government also mentions that the Overseas Landbased Tripartite Consultative Council (OLTCC) and the Maritime Industry Tripartite Council (MITC) have been involved on issues relating to migrant workers. The Committee requests the Government to provide: (i) information on the results achieved by these tripartite meetings, in terms of preventing and eliminating migration in abusive conditions; and (ii) additional information on how employers’ and workers’ organizations, from the Philippines or in host countries, are being consulted with respect to measures taken to prevent and eliminate migration in abusive conditions referred to in Article 2 of the Convention, and their possibility of taking initiatives to this end.

Article 8. Legal status in the case of loss of employment. In reply to the Committee’s previous request, the Government merely states that termination from employment of foreign workers does not automatically classify their stay as illegal or irregular. The Committee requests the Government to provide information on: (i) how sections 40 and 41 of the Labour Code are applied in practice, and if a migrant worker who loses his employment automatically loses his work or residency permit; and (ii) the measures taken to ensure that migrant workers enjoy equality of treatment with nationals, in particular with respect to guarantees of security of employment, the provision of alternative employment, relief work and retraining (Article 8(2) of the Convention).

Article 9(1), (2) and (3). Equality of treatment in respect of rights arising out of past employment. The Committee notes the absence of information provided on this point and reiterates its request that the Government indicate the specific provisions in the national legislation ensuring that: (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits; (ii) the workers concerned have the possibility to present their case to a competent body; and (iii) the costs of expulsion are not borne by the migrant workers or their family.

Article 11. Definition of migrant worker. In reply to the Committee’s previous request, the Government indicates that the maximum periods for the purpose of Article 11(2)(b) and (e) of the Convention, is the period for which a person enters the country for tourism or business without the need for a visa, which for most countries is a maximum period of 30 days. The Committee requests the Government to confirm that beyond 30 days and after obtaining a working visa, the worker becomes covered by the Convention.

Article 14(a). Free choice of employment. With reference to its previous comment, the Committee notes the Government statement that the employer’s name is indicated in the Alien Employment Permit (AEP) Card and that therefore, any transfer of employment within the validity period of the AEP requires its cancellation and issuance of a new one that reflects the new employer or company. The Committee recalls that Article 14 of the Convention allows for general restrictions on the free choice of employment for a period not exceeding two years and considers that provisions which prohibit the transfer of a work permit to another employer run counter to the principle of equality of treatment between foreign and national workers, when continuing past the maximum period of two years (see the General Survey on Promoting fair migration, 2016, para. 354-359). The Committee therefore once again requests the Government to indicate whether any employment restrictions exist on foreign nationals with respect to the free choice of employment beyond the two-year period permitted under Article 14(a) of the Convention.

Article 15. Bilateral agreements.The Committee refers to its comments on Convention No. 97 and requests the Government to continue to provide information on the conclusion of bilateral agreements and other arrangements, including information on their impact.

Practical application and enforcement. The Committee notes, from the concluding observations of the United Nations Committee on the Protection of the Rights of All Migrant Workers (CMW), that the existence of several departmental information systems results in a lack of centralized disaggregated data to evaluate the effective implementation of the measures in place, particularly with regard to Filipino migrant workers abroad and their conditions of employment, the situation of returnees, migrants in transit, women and unaccompanied child migrants and foreign migrant workers, including seasonal migrant workers (CMW/C/PHL/CO/2, 2 May 2014, para. 18). The CMW also expressed its concern over the persistence of some obstacles to access to justice, including delays in proceedings, corruption and abuse of authority, such as in the cases of exploitation of distressed Philippine women workers abroad by some foreign service, labour and welfare personnel. It further expressed concern over the lack of legal assistance in cases of illegal recruitment, the limited access to the Legal Assistance Fund, and the low number of complaints reported to the POEA and the Philippine Overseas Labour Office. Finally, the CMW noted the insufficient numbers and the inadequate awareness of the diplomatic and consular staff abroad about the remedies available in countries of employment (CMW/C/PHL/CO/2, para. 24). The Committee requests the Government to provide information on: (i) any measures envisaged to centralize the collected data on migrant workers in order to better assess the situation, identify issues and support migrant workers; (ii) the practical application of the provisions of the Convention, including on any inspection activities carried out by the POEA, and the number and nature of contraventions reported and penalties applied concerning illegal recruitment, migration in abusive conditions and trafficking in persons; and (iii) any complaints submitted to the competent authorities by Filipino migrant workers or foreign workers in the Philippines, who are in an irregular situation, regarding non-respect of their basic human rights, and the available mechanisms for redress.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s second report on this Convention, and the statistical information and legislation attached. It also notes the Government’s reports on the Migration for Employment Convention (Revised), 1949 (No. 97) which contain information relevant to the application of Convention No. 143.

Article 1 of the Convention. Basic human rights of all migrant workers. The Committee recalls the Government’s state policy declared in sections 2(c), 4 and 23(b) of Republic Act (RA) No. 8042 on the Migrant Workers and Overseas Filipinos of 1995 regarding the fundamental human rights and freedoms of overseas Filipino workers, and the criteria for deployment of migrant workers to host countries set out in section 4 of RA No. 10022, amending RA No. 8042. It also notes the various support structures including the Commission on Filipinos Overseas (CFO), the Philippine Overseas Employment Administration (POEA) and the Overseas Workers Welfare Administration (OWWA), the Philippine Overseas Employment Offices (POLOs), the Migrant Workers’ and Overseas Filipinos Resource Centers (MWRC), and the Legal Assistant for Migrant Workers’ Affairs, put in place to ensure the protection and welfare of Filipino workers overseas at various stages of the migration process. At the same time, the Committee notes from the most recent statistics collected by the POEA and the CFO that overseas labour migration continues to be promoted and managed by the Government and the deployment of workers overseas continues to increase, particularly to countries in the Middle East. The Committee notes that women represented 55 per cent of the overseas Filipino workers deployed in 2010. The Committee asks the Government to provide information on the practical application of section 4 of RA No. 10022, including the list of host countries determined on the basis of this provision. The Committee would also appreciate receiving information, disaggregated by sex, on the percentage of overseas Filipino workers that participated in the pre-departure, pre-employment and post-arrival orientation seminars organized by the various institutions, and on whether these orientations include information on human rights of migrants and available mechanisms for complaints and redress. Please also provide information on any measures taken to ensure respect of basic human rights of migrant workers in an irregular situation.

Household service workers. The Committee notes that the Household Service Workers Reform package was promulgated in 2006 to ensure better protection of the rights of household service workers through various measures, including an age limit of 23 years of age for deployment, employment contract verification, a “no-placement fee” policy, pre-departure orientation and a pre-education programme and assistance and counselling provided in the host countries. The Committee also notes that significant numbers of overseas Filipino workers continue to be deployed overall, particularly in the service sectors, with almost one third of the deployed overseas workers in 2010 in domestic work, 98 per cent of them being female migrant workers. The Committee recalls that under Article 1 of the Convention, States undertake to respect the basic human rights of all workers, men and women, including the right to equality of opportunity and treatment and non-discrimination based on sex. The Committee requests the Government to continue to provide specific information on the measures taken to ensure protection of human rights of female overseas workers, and their impact. It also requests the Government to explain the reasons for imposing age restrictions on the deployment of household service workers and to indicate whether such age restrictions have been imposed on other sectors in which Filipino overseas workers are deployed. Please also indicate whether any consideration is being given to lifting the age restrictions on the employment of household service workers, with a view to ensuring respect for the basic human rights of all workers, including the right to non-discrimination, and to report on any progress made in this regard.

Restrictions on trade union activities. The Committee previously referred to the need to amend sections 269 and 272(b) of the Labour Code so as to grant the right to organize to all nationals lawfully residing within the Philippines (and not just those with valid permits if the same rights are guaranteed to Filipino workers in the country of the foreign worker, or if the country in question has ratified the ILO Conventions concerning freedom of association and the right to collective bargaining). The Committee recalls that Article 1 of the Convention is not subject to reciprocity, and applies to all migrant workers, including those in an irregular situation; the basic human rights referred to in this Article include the fundamental rights of workers, including freedom of association and the right to organize (General Survey on migrant workers, 1999, paragraphs 296–297). The Committee refers the Government to its comments on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 2. Measures to detect migration in abusive conditions, and illegal employment of migrants. The Committee notes from the statistics provided by the CFO that as of December 2010, 704,916 overseas Filipinos (or 8 per cent of the total estimated number of overseas Filipinos) were in an irregular situation (i.e. who were undocumented, or without valid residence or work permits, or overstaying in a foreign country). No information has been provided on the number of irregular migrant workers in the Philippines. With respect to the measures taken to detect migration in abusive conditions of Filipino workers, the Committee notes the Government’s indication that regular reporting is being implemented through the Statistical Performance Reporting System (SPRS) in the different posts overseas which provides vital information to the inter-agency committee to implement a shared government information system for migration of Filipino workers (section 20 of RA No. 8042) regarding cases of abuse, illegal recruitment and trafficking. The Committee also notes that the Legal Assistant for Migrant Workers’ Affairs is responsible for keeping and maintaining the shared information system (section 24(e) of RA No. 8042). The Committee requests the Government to confirm that a shared government information system is effectively in place to detect whether any migrant workers depart from, transit or arrive in the country in abusive conditions, or are illegally employed, and to provide information on the activities of the inter-agency committee and the Legal Assistant for Migrant Workers’ Affairs in this context. Please indicate how workers’ and employers’ organizations are being consulted and enabled to furnish information. The Committee also requests the Government to continue to provide statistical information, disaggregated by sex, on the number of Filipino migrant workers in an irregular situation, as well as on the numbers of foreign workers that have entered or are employed in the Philippines in an irregular situation.

Articles 3 and 4. Measures to prevent and address irregular migration and the illegal employment of migrant workers. The Committee asks the Government to continue to provide information on the activities and measures taken, and the results achieved, by the various institutions, including the CFO and the Inter-Agency Council Against Trafficking (IACAT), the MWRC in the host countries, the POEA, the Bureau of Immigration, the Philippines Centre of Transnational Crimes and the Interpol Department to prevent and address migration in abusive conditions and against the organizers of such movements, including measures to enhance cooperation and mutual assistance among foreign countries. Please also provide information on any specific legal and practical measures adopted against those who are employing workers who have migrated under irregular conditions into the Philippines.

Article 5. Authors of trafficking for labour purposes. The Committee asks the Government to provide information on any arrangements at national or international level to ensure that traffickers for labour purposes can be prosecuted regardless of the country they operate from.

Article 6. Civil, penal and administrative sanctions. The Committee notes the provisions in the Labour Code and the RA No. 8042 and RA No. 9208 imposing penal sanctions, including imprisonment, with respect to illegal recruitment and trafficking in persons. It also notes the provisions in the Labour Code allowing for the suspension or cancellation of any licence or authority to recruit employees for overseas employment for violation of applicable laws, rules and regulations (section 35) and the Rules regarding the grounds for the suspension, cancellation or revocation of such a licence or authority, Book I, Rule VI, section 2(a)–(w). The Committee further notes the provisions in the Commonwealth Act (CA) on Immigration No. 613 and RA No. 9208 concerning the role of the Bureau of Immigration in enforcing immigration and foreigner administration laws and adopting measures for the apprehension of suspected traffickers both at the place of arrival and departure. It also notes the role of the Philippine national police and the local government units in enforcing the legislation on trafficking. The Committee asks the Government to provide information on any proceedings which have been instituted under RA No. 8042 and RA No. 9208, regarding illegal recruitment and trafficking in persons, supplying sample copies of the relevant decisions and indicating the penalties imposed. Please also provide information on the number of licences of private recruitment agencies that have been suspended, cancelled or revoked because of illegal recruitment practices.

Article 7. Consultation with employers’ and workers’ organizations. The Committee reiterates its request to the Government to supply additional information on how employers’ and workers’ organizations, from the Philippines or in host countries, are being consulted with respect to measures taken to prevent and eliminate migration in abusive conditions referred to in Article 2 of the Convention, and their possibility of taking initiatives to this end.

Article 8. Legal status in the case of loss of employment. The Committee recalls sections 40 and 41 of the Labour Code and notes the Government’s confirmation that loss of employment due to non-compliance by the employer has an effect on the legal situation of the migrant worker, since the granting of the work permit is conditional on the existence of employment. If the worker is terminated from employment, the basis for granting the work permit is lost. The Committee asks the Government to bring its law and practice into line with Article 8(1) of the Convention and to take the necessary legislative and other measures to ensure that the permission of a migrant worker to reside lawfully in the Philippines for the purpose of employment shall not be revoked where the migrant loses his or her employment prematurely. Please also provide information on the measures taken to apply Article 8(2).

Article 9(1), (2) and (3). Equality of treatment in respect of rights arising out of past employment. The Committee reiterates its request to the Government to indicate the specific provisions in the national legislation ensuring that: (1) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits; (2) the worker concerned shall have the possibility to present his or her case to a competent body, and (3) that the costs of expulsion shall not be borne by the migrant worker or his or her family.

Article 11. Definition of migrant worker. The Committee requests the Government to indicate the maximum periods for the purpose of Article 11(2)(b) and (e) of the Convention.

Article 14(a). Free choice of employment. The Committee recalls that pursuant to section 41(a) of the Labour Code employment permits cannot be transferred to another employer without prior approval by the Department of Labour and Employment of the Code. Rule XIV, section 7 provides that an employment permit can be issued for one year. The Committee asks the Government to indicate whether any employment restrictions exist on foreign nationals with respect to the free choice of employment beyond the two-year period permitted under Article 14(a) of the Convention.

Article 15. Bilateral agreements. The Committee refers to its comments on Convention No. 97 and requests the Government to continue to provide information on the conclusion of bilateral agreements and other arrangements, including information on their impact.

Parts III–V of the report form. Practical application and enforcement. The Committee asks the Government to continue to provide information on the practical application of the provisions of the Convention, including on any inspection activities carried out by the POEA, and the number and nature of contraventions reported and penalties applied concerning illegal recruitment and trafficking in persons. Please also provide information on the number, nature and outcome of complaints filed with the POEA, or other competent bodies and the courts relating to violations of the relevant legislation and concerning migration in abusive conditions, including trafficking in persons. The Committee asks the Government to provide, in particular, information on any complaints submitted to the competent authorities by Filipino migrant workers or foreign workers in the Philippines, who are in an irregular situation, regarding non-respect of their basic human rights, and the available mechanisms for redress.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report on this Convention. It also notes with interest the extensive laws, regulations and policies applying the Convention showing the Government’s commitment to promote and protect the rights of migrant workers. It notes in particular the relevant provisions in the 1987 Constitution, the Labor Code (Presidential Decree No. 442), Republic Act (RA) No. 8042 or the Migrant Workers and Overseas Filipino Act 1995, Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipino Workers Act of 1995, RA No. 9208 or the Anti-Trafficking Act 2002, the Rules and Regulations Governing the Recruitment and Employment of the Philippine Overseas Employment Administration (POEA) 2002, and the Commonwealth Act (CA) No. 613 on Immigration 1940. In addition, the Committee notes from the information submitted by the Government to the United Nations Committee on Migrant Workers (CMW) the significant numbers of Filipino nationals, especially women, seeking employment abroad (1,205 million workers in 2005, of which 75 per cent were land-based workers). It also notes that presently there are 36,150 foreign workers in the Philippines (CMW/C/PHP/1, 7 March 2008, paragraphs 36–45).

Part I of the Convention: Migration in abusive condition. Protection of basic human rights (Article 1 of the Convention). The Committee notes the relevant provisions in the 1987 Constitution and the Labor Code, providing for equality of treatment and ensuring protection of basic human rights for all workers. It also notes the State policy declared in section 2(c) of RA No. 8042 that the overseas employment programme rests solely on the assurance that the fundamental human rights and freedoms of Filipino citizens shall not be compromised or violated, and that the overseas Filipino workers shall only be deployed in countries where their rights as migrant workers are protected (section 4 of RA No. 8042); section 23(b) states that in the recruitment and placement, the POEA shall only deploy workers in countries where the Philippines has concluded bilateral agreements or arrangements provided that such countries guarantee to protect the rights of Filipino migrant workers. Section 2(d) emphasizes the importance of gender sensitive overseas migration policies. In this context, the Committee notes the concern expressed by United Nations Treaty bodies about reports that migrant workers, in particular women employed as domestic workers, nurses, care-givers, continue to face abuse and discrimination. Undocumented workers encounter obstacles in legal protection and redress in cases of discriminatory treatment in the workplace (E/C.12/PHL/CO/4, 24 November 2008, paragraphs 21–22, CMW/C/PHL/1, 22 May 2009, paragraphs 27, 28 and 31). The Committee asks the Government to provide information on the practical application of its state policy to ensure that the human rights of Filipino citizens shall not be compromised in the context of its overseas employment programme. Please provide specific information on the measures taken to ensure protection of human rights of female Filipino overseas workers.

Restrictions on trade union activities. The Committee notes that section 269 imposes restrictions on trade union activities for foreign workers in the Philippines. Pursuant to section 272(b), foreigners who violate this provision shall be subject to immediate and summary deportation. The Committee draws the attention of the Government to its comments on the application of the Freedom of Association and the Rights to Organize Convention, 1948 (No. 87), and asks the Government to take immediate steps to amend its legislation in accordance with Articles 1 and 10 of the Convention.

Article 2. Measures to detect migration in abusive conditions, and illegal employment of migrants. The Committee notes that in 2005, an estimated 1.3 million emigrants were in an unauthorized situation. With respect to irregular migrant workers in the Philippines, the Committee notes the provisions in CA No. 613 governing the entry of foreigners, as well as their expulsion, deportation and repatriation. While such provisions are valid in addressing clandestine migration flows, the Committee notes that no information has been provided on any specific measures taken to detect whether foreigners have entered the country in “abusive conditions” within the meaning of the Convention (see General Survey on migrant workers, 1999, paragraph 319). With respect to measures taken to detect emigration in abusive conditions of Filipino workers, the Committee notes that section 20 of RA No. 8042 provides for the establishment of an inter-agency committee to implement a shared government information system for migration of Filipino workers. Rule XIII, section 44(d) of the Omnibus Rules and Regulations implementing RA No. 8042 provides for the registration of undocumented workers to bring them within the purview of the Act. The Committee asks the Government to provide further information as follows:

(i)    activities of the inter-agency committee to implement a shared government information system to detect whether any migrant workers depart, transit or arrive in the country in abusive conditions, or are illegally employed; and

(ii)   statistics, disaggregated by sex and nationality, on the number of migrants illegally employed or subjected to abusive conditions and the nature of infringements.

Please indicate how workers’ and employers’ organizations are being consulted and enabled to furnish information.

Articles 3 and 4. Measures to prevent and eliminate migration in abusive conditions and illegal employment of migrant workers. Measures against organizers of such movements and those who employ workers who have migrated in illegal conditions. Systematic contact and information exchange. The Committee notes with interest the provisions in the Labor Code, RA 8042 and RA 9208 listing and prohibiting acts constituting illegal recruitment and acts of trafficking in persons. It notes that pursuant to section 2 of RA 9208 the State shall give the highest priority to the enactment of measures and development of programmes to eliminate trafficking, and that sections 20 and 21 establish and outline the broad mandate of the Inter-Agency Council Against Trafficking (IACAT), including its role in recommending measures to enhance cooperative efforts and mutual assistance among foreign countries. It also notes the establishment of migrant workers and other overseas Filipinos resource centres in embassies in countries where there are large concentrations of Filipino migrant workers and the role of the Department of Foreign Affairs (DFA) with respect to enhancing assistance in eliminating trafficking through closer networking with government agencies in the country and overseas. Two task forces, one on illegal recruitment and one on human trafficking, have been created under the Commission of Filipinos Overseas (CFO). The Philippines Centre of Transnational Crimes and the Interpol Department also appear to have a role in the exchange of information on illegal recruitment and trafficking. The Committee further notes from information submitted to the CMW that the Government is implementing a comprehensive set of measures such as public information and education campaigns, pre-departure and pre-employment programmes, and a massive anti-illegal recruitment programme (CMW/C/PHL/1, paragraphs 267, 302 and 303). The Committee asks the Government to provide information on the activities and measures taken by the various institutions to prevent and address migration in abusive conditions and against the organizers of such movements, and on the results achieved. Please also provide information on the specific legal and practical measures adopted against those who are employing workers who have migrated in illegal conditions into the Philippines, and on the results of the measures taken by the abovementioned institutions to ensure systematic contact and information exchange to this end.

Article 5. Prosecution of labour traffickers. The Committee notes with interest the provisions in the Labor Code, RA No. 8042 and RA No. 9208 concerning the filing of complaints and prosecution of persons involved in illegal recruitment and trafficking. It particularly notes sections 8 and 9 of RA No. 9208 concerning prosecution of labour traffickers and section 26 providing that the Department of Justice shall endeavour to include offenses of trafficking in persons among extraditable offenses. The Committee asks the Government to provide information on the number of persons involved in illegal recruiters and labour traffickers that have been prosecuted under the abovementioned legislation, including an indication on whether they have been prosecuted regardless of the country they operate from. Please also include information on any other arrangements at national or international level to ensure that labour traffickers can be prosecuted regardless of the country they operate from.

Article 6. Civil, penal and administrative sanctions. The Committee notes the provisions in the Labor Code and the RA No. 8042 and RA No. 9208 imposing penal sanctions, including imprisonment, with respect to illegal recruitment and trafficking in persons. It also notes the provisions in the Labor Code (section 35) allowing for the suspension or cancellation of any licence or authority to recruit employees for overseas employment for violation of applicable laws, rules and regulations. Rule VI, section 2(a)–(w) provides an extensive list of the grounds of suspension, cancellation or revocation of such a licence or authority. The Committee asks the Government to indicate the specific legislative provisions imposing civil, penal and/or administrative sanctions on those employing workers who have migrated in illegal conditions.

Article 7. Consultation with employers’ and workers’ organizations. The Committee notes that the migrant workers and overseas Filipino resource centers may include staff from “bona fide NGOs” of the host countries (section 19 of RA No. 8042). Please provide additional information on how employers’ and workers’ organizations, from the Philippines or in host countries, are being consulted with respect to measures taken to prevent and eliminate migration in abusive conditions referred to in Article 2 of the Convention, and their possibility of taking initiatives to this end.

Article 8. Legal status in case of loss of employment. The Committee notes the provisions in the Labor Code (sections 40 and 41) and the Omnibus Rules implementing the Labor Code (Book I, Rule XIV) concerning work permits of foreign workers. It notes that one of the conditions that needs to be fulfilled is compliance with the condition for which the employment permit was issued (Book I, Rule XIV, section 6(a)). Please indicate whether loss of employment due to non-compliance by the employer may have an effect on the legal situation of the migrant worker. Please also provide information on the measures taken to apply Article 8(2).

Article 9, paragraphs 1, 2 and 3. Rights arising out of past employment. Please indicate the specific provisions in the national legislation ensuring that: (1) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits; (2) the worker concerned shall have the possibility to present his or her case to a competent body, and (3) that the costs of expulsion shall not be borne by the migrant worker or his or her family.

Part II of the Convention. Equality of opportunity and treatment. Articles 10 and 14. National policy on equality between migrant workers and nationals and free choice of employment. The Committee notes section 1, article III of the Constitution concerning equal protection of laws, and section 3 of the Labor Code providing equal work opportunities regardless of sex, race and creed, but omitting nationality. It also notes, however, that pursuant to section 6 of the Labor Code all rights and benefits granted to workers under the Code shall apply to all workers. The Committee further notes the provisions of the Labor Code and the Omnibus Rules implementing the Labor Code concerning employment permits, which cannot be transferred to another employer without prior approval by the Department of Labor and Employment (section 41(a) of the Code). Rule XIV, section 7 provides that an employment permit can be issued for one year. The Committee asks the Government to indicate whether any employment restrictions exist on foreign nationals with respect to the free choice of employment beyond the two-year period permitted under Article 14(a) of the Convention.

Article 11. Definition of migrant worker. The Committee notes the definition of “non-immigrant” in section 9(g) of CA No. 613 providing for a special category of foreigners coming to “prearranged employment for whom the issuance of a visa has been authorized in accordance with section 20 of the Act”. The Committee recalls the definition of migrant worker and the permissible exclusions set out in Article 11(1) and (2) of the Convention. Please clarify the precise meaning of “non-immigrant” under section 9(g) of CA No. 613 with a view to determining whether they would fall under one of the excluded categories of migrant workers referred to in Article 11 of the Convention.

Article 15. Bilateral agreements. The Committee notes from the information provided to the CMW that the Government has engaged in a number of bilateral agreements and other arrangements with countries of destination (CMW/C/PHL/1/Add.1, paragraphs 30–35). Please continue to provide information on the conclusion of bilateral agreements and other arrangements, including information on their impact on effectively resolving problems arising from the application of the Convention.

Parts III–V of the report form. Practical application, supervision and enforcement. The Committee notes that various institutions (including POEA, the Overseas Workers Welfare Administration (OWWA), DFA, IACAT, CFO, etc.) are in charge of supervising, enforcing and implementing the relevant legislation and policies concerning migration for employment. It notes the provisions in CA No. 613 and RA 9208 concerning the role of the Bureau of Immigration in enforcing immigration and foreigner administration laws and adopting measures for the apprehension of suspected traffickers both at the place of arrival and departure. It also notes the role of Philippine national police and the local government units in enforcing the legislation on trafficking. Furthermore, the Labor Code, RA 8042 and Executive Order No. 797 give an important role to the POEA in implementing and monitoring the relevant laws and regulations concerning overseas employment of Filipino nationals, including the inspection of private recruitment agencies and entities, and jurisdiction to hear and decide administrative cases involving or arising out of recruitment rules and regulations. POEA can also receive complaints or institute proceedings on its own initiative. The National Labor Relations Commission (NLRC) has the exclusive jurisdiction to hear and decide claims arising out of an employment relationship or by virtue of any law or contract involving Filipino workers for overseas employment. Criminal action arising from illegal recruitment shall be filed with the regional trial courts. The Committee asks the Government to provide information as follows:

(i)    the inspection activities carried out by the POEA, and the number and nature of contraventions reported and penalties applied concerning illegal recruitment and human trafficking;

(ii)   the number, nature and outcome of complaints filed with the POEA, NLRC, or the courts relating to violations of the relevant legislation and concerning migration in abusive conditions, including trafficking in persons;

(iii) the various activities carried out, and results achieved, by the various institutions and mechanisms in place to give effect to the provisions of the Convention; and

(iv)  statistical information, disaggregated by sex and nationality, country of destination and sector of employment, on emigration and immigration of both documented and undocumented workers.