Texts of pending comments

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 20 and 29 September 2021, referring to matters addressed below, denouncing a deteriorating situation in the country and requesting the Committee to consider an out-of-cycle review of the application of the Convention by the Philippines. The Committee requests the Government to provide its reply thereto.

Given the urgency of the matters and the questions of life, personal safety and fundamental human rights raised therein, as well as up-dated information on the Committee’s previous observations submitted by the Government in June 2021, the Committee decided to proceed to an examination of the application of the Convention by the Philippines outside of the regular reporting cycle.

Action plan to implement the 2019 Conference Committee conclusions and achieve full compliance with the Convention. High-level tripartite mission. In its previous comment, the Committee noted the discussion that took place in the Conference Committee on the Application of Standards (Conference Committee) in June 2019 concerning the application of the Convention and observed that the Conference Committee called upon the Government to: (i) take effective measures to prevent violence in relation to the exercise of workers’ and employers’ organizations’ legitimate activities; (ii) immediately and effectively undertake investigations into the allegations of violence in relation to members of workers’ organizations with a view to establishing the facts, determining culpability and punishing the perpetrators; (iii) operationalize the monitoring bodies, including by providing adequate resources, and provide regular information on these mechanisms and on progress on the cases assigned to them; and (iv) ensure that all workers without distinction are able to form and join organizations of their choosing in accordance with Article 2 of the Convention. The Committee further noted the Government’s request for guidance on giving effect to these conclusions, expressed trust that, as soon as the situation so permitted, the Government would receive a high-level tripartite mission, as requested by the Conference Committee, and reminded the Government that, in the meantime, it could avail itself of the technical assistance of the Office, including in order to elaborate a plan of action, detailing progressive steps to be taken to achieve full compliance with the Convention.

The Committee notes the Government’s indication that in an April 2021 communication to the ILO the Government expressed its intention to accept a high-level mission as a sincere gesture of its continuing commitment under international instruments and of its enduring partnership with the ILO in upholding the fundamental rights of workers. However, due to the ongoing global health crisis, the Government was not yet inclined to accept an in-person mission and considered conducting a virtual one. The Committee observes that due to the COVID-19 pandemic, the high-level tripartite mission has not yet taken place but that, in view of the Government’s request for guidance in respect of the application of the 2019 Conference Committee’s conclusions, a virtual exchange was organized by the Office in September 2021 between the Government, national social partners and designated representatives from the workers’ and the employers’ groups of the Conference Committee, in order to clarify any outstanding confusion in respect of the Conference Committee’s conclusions and to assist the Government and the social partners to take effective action for their implementation. The Committee notes that the report of the virtual exchange was circulated to all the parties that met and was submitted to the Committee by the ITUC, as additional observations to its earlier submission requesting an out-of-cycle examination of the application of the Convention, and was also transmitted to the Government. The Committee observes that the report of the virtual exchange concluded that despite measures undertaken and further commitments by the Government, as well as the existence of a number of institutions and strong support from the ILO and other partners, the discussion failed to bring forward evidence of tangible progress on the four areas of concern highlighted by the Conference Committee and that the Government should therefore adopt a time-bound plan of action in consultation with the social partners and with support from the ITUC and the International Organization of Employers (IOE) to address each of the four areas of concern. The report also emphasized that the virtual exchange was not a replacement for a mission, that there continued to be a pressing need for a high-level tripartite mission to travel to the Philippines and that it would be critical for the mission to take place before the 2022 International Labour Conference, taking into account the sanitary conditions prevailing in the country. In these circumstances and given the continuing urgency of the matters raised, as denounced by the trade unions below, the Committee calls on the Government to elaborate a plan of action, in consultation with the social partners, detailing progressive steps to be taken to implement the conclusions of the 2019 Conference Committee and to achieve full compliance with the Convention. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee also expects that the high-level tripartite mission will be able to visit the country before the next International Labour Conference, taking into account the sanitary conditions in the country.

Civil liberties and trade union rights

2019 and 2020 ITUC observations and 2019 Education International (EI) observations. In its previous comment, the Committee noted with deep concern the grave allegations of violence and intimidation of trade unionists communicated by the ITUC in 2019 and 2020 and EI in 2019, as well as the Government’s detailed reply thereto, and expressed trust that all of these allegations would be duly investigated and perpetrators punished to effectively prevent and combat impunity. The Committee notes that the Government reiterates previously provided information on the measures taken to address the above allegations and on the domestic remedies available to victims of human rights violations and adds minor updates on the status of the investigations in some of the cases. With regard to the allegations of red-tagging, it indicates that Senate Bill No. 2121 (seeking to fix legal gaps and institutionalize a system of accountability by criminalizing red-tagging and providing penalties as deterrence thereto) was filed in March 2021. The Committee welcomes this initiative and requests the Government to provide information on the progress made in the adoption of Senate Bill No. 2121. It expects that the grave allegations of violence and intimidation referred to above will be duly investigated and perpetrators punished to effectively prevent and combat impunity and requests the Government to provide updated information in this respect.

2020 joint observations of EI, the Alliance of Concerned Teachers (ACT) and the National Alliance of Teachers and Office Workers (SMP-NATOW). In its previous comment, the Committee requested the Government to provide its reply to the 2020 joint EI, ACT and NATOW observations, denouncing extra-judicial killings of eight trade unionists in the education sector and other serious violations of civil liberties, as well as challenges in the application and implementation of the right to freedom of association. The Committee takes due note of the Government’s reply in this regard and regrets to observe that, while quite extensive, it is limited to general statements on the domestic remedies available against violations of human and trade union rights, to refuting the allegations that unionism is equated to communism and to indicating in general that the cases were subjected to monitoring by the Regional Tripartite Monitoring Bodies (RTMBs) and proceed under the regular process of criminal investigation, prosecution and litigation. In view of the lack of details on the progress made in investigating the concrete and serious allegations of violence set out in detail in the 2020 joint EI, ACT and NATOW observations, the Committee expects the Government to ensure that all measures are being taken to address these specific incidents, in particular that they are properly investigated, so as to establish the facts, determine culpability and punish the perpetrators. The Committee requests the Government to provide information on the measures taken in this respect and on the progress in investigations.

New allegations of violence and intimidation. 2021 ITUC observations. The Committee notes that, in its latest communication, the ITUC denounces a severely deteriorating situation in the country since 2019, characterized by increased repression against the independent trade union movement and extreme violence against and persecution of unionists, including extra-judicial killings, physical attacks, red-tagging, threats, intimidation, harassment, stigmatization, illegal arrests, arbitrary detention and raiding of homes and union offices, as well as the Government’s institutional failure to address these issues, exacerbating the culture of impunity. The ITUC also alludes to the adoption of additional measures, allegedly worsening the situation of trade unions in the country, including: the establishment of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC); the creation of the Joint Industrial Peace and Concern Office (now referred to as the Alliance for Industrial Peace and Program Office (AIPPO)) in export-processing zones; the adoption of the Anti-Terrorism Act, 2020; and abuse in the use of judicial search warrants. According to the ITUC, the above situation leads to a climate of pressure and fear, exposing workers engaged in trade union activities to imminent danger and undermining the ability of workers to exercise the rights guaranteed by the Convention.

The Committee notes with deep concern these grave allegations, as well as the following concrete incidents denounced and described in great detail by the ITUC: (i) the extra-judicial killing of 10 trade unionists (some of whom were mentioned in previous observations of the trade unions); (ii) at least 17 cases of arrests and detention, in particular following police dispersal of a protest and police raids on union offices and unionists’ homes (November-December 2020 and March 2021), as well as additional incidents of arrests and detention since 2019; (iii) 17 cases of red-tagging, intimidation and harassment, including against leaders and members of the ACT, the Kilusang Mayo Uno (KMU), the Philippines National Police Non-Uniformed Personnel Association Inc. (PNP-NUPAI) and other workers’ organizations; and (iv) 12 cases of forced disaffiliation campaigns and seminars, including for public school teachers, workers at a beverage producing company and palm oil plantation workers. The Committee observes in this regard that, when examining Case No. 3185 concerning the Philippines, the Committee on Freedom of Association also expressed deep concern at the gravity of similar allegations, as well as their repeated and prolonged nature, resulting in a climate of violence and impunity with an extremely damaging effect on the legitimate exercise of trade union rights in the country, and expressed trust that the Government would prioritize investigation into these serious incidents (see 396th Report, November 2021, Case No. 3185, paragraphs 524–525 and 528(b)). In these circumstances, given the extreme seriousness of the allegations and their repeated nature, the Committee urges the Government to take all necessary measures to address the issues of violence and intimidation raised and, in particular, to conduct prompt and effective investigations into all allegations of extra-judicial killings of and assaults against trade unionists, so as to determine the circumstances of the incidents, including any links to trade union activities, determine culpability and punish the perpetrators. The Committee requests the Government to provide detailed information in this respect.

Pending cases of alleged killings of trade union leaders. For several years, the Committee has been requesting the Government to ensure that the investigations into the killings of trade unionists Rolando Pango, Florencio “Bong” Romano and Victoriano Embang are completed to shed full light on the facts and the circumstances in which such actions occurred and, to the extent possible, determine responsibilities, punish the perpetrators and prevent the repetition of similar events. Observing with regret that the Government simply reiterates that the cases are being handled through the regular course of criminal investigation and prosecution, without providing details as to any progress made, the Committee reiterates its previous request and expects the Government to be in a position to report substantial progress in this regard.

Monitoring mechanisms. In its previous comment, the Committee requested the Government to take the necessary measures to ensure that all of the existing monitoring mechanisms can function properly and efficiently, so as to contribute to effective and timely monitoring and investigation of allegations of extra-judicial killings and other forms of violence against trade union leaders and members. The Committee notes the Government’s indication that: (i) to help ensure that the RTMBs are able to carry out their mandate, mediator-arbiters from the Department of Labour and Employment (DOLE) regional offices were designated to act as focal persons in their respective RTMBs and are tasked to assist in the processing of cases so as to provide more responsive and inclusive reports; (ii) as for the Tripartite Validating Teams, their establishment is case-based when there is a need for further validation or review, but in addition to the previously mentioned challenges concerning security of its members, it is currently not advisable to create such teams given the health risks relating to the COVID-19 pandemic; (iii) the operationalization of the Administrative Order No. 35 Inter-Agency Committee (AO35 IAC) was affected by leadership and administrative changes within the Department of Justice and the secretariat has also undergone leadership changes, as a result of which it is now more active in engaging with tripartite monitoring bodies and the concerned groups and organizations in the deliberation of cases; (iv) the Secretary of Labour and Employment is an observer in AO35 IAC meetings, as well as its technical working group (TWG) meetings; (v) the AO35 secretariat welcomes ILO training programmes which aim at incorporating a labour perspective into the work of the AO35 secretariat and the TWG and at showing the relevance of the principles of freedom of association and collective bargaining for their work; (vi) one of the trainings resulted in the identification of strategies for better handling of cases involving workers and trade unions, which may be considered as policy recommendations in the ongoing review of the AO35 operational guidelines; and (vii) the investigation into the case of Dennis Sequeña, previously referred to by the Government and the social partners, was closed due to difficulties in convincing the family of the victims to cooperate but the AO35 task force will look into other avenues to continue its investigation. While taking due note of the Government’s information, the Committee regrets that despite a number of initiatives undertaken, trade unions continue to raise concerns as to numerous allegations of violence perpetrated against trade union members for which the presumed perpetrators have not yet been identified and the guilty parties punished. In view of the above, the Committee trusts that the review of the operational guidelines of the monitoring mechanisms will be completed without delay and, together with the above adjustments, will contribute to ensuring the full operationalization of all existing monitoring mechanisms so that they can function properly and efficiently. Further noting the call of the trade unions for full operationalization and strengthening of the existing monitoring and investigative mechanisms, the Committee requests the Government to continue to take all necessary measures to this effect, including allocating sufficient resources and staff and providing all necessary security to these personnel, in order to ensure effective and timely monitoring and investigation of all pending labour-related cases of extra-judicial killings and other violations against trade union leaders and members. The Committee also requests the Government to continue to provide detailed information on the progress made by the existing monitoring mechanisms in ensuring the collection of the necessary information to bring the pending cases of violence to the courts.

Measures to combat impunity. Training. The Committee previously encouraged the Government to continue to provide regular and comprehensive training to all concerned State actors in relation to human and trade union rights, as well as on the collection of evidence and the conduct of forensic investigation. The Committee notes the Government’s indication that several ongoing projects, including the EU-GSP Trade for Decent Work Project, allow for participation of various government offices, aim at strengthening social dialogue and better application of international labour standards and focus on the principles of freedom of association and the right to collective bargaining, as well as occupational safety and health in the context of the COVID-19 pandemic. According to the Government, these projects involve activities that will help improve the monitoring and investigative mechanisms for resolution of labour-related cases and improve national laws and policies on freedom of association and collective bargaining based on ILO Conventions. Welcoming the above information, the Committee encourages the Government to continue to pursue its efforts in terms of training and capacity-building of State actors, with the aim of increasing the investigative capacity of the concerned officials and providing sufficient witness protection, and ultimately contributing to combating impunity.

Measures to combat impunity. Pending legislative matters. The Committee previously noted that the Committee on Freedom of Association referred a number of legislative aspects to this Committee and requested the Government to provide information on the progress made in: (i) the adoption of the Bill concerning enforced and involuntary disappearances; and (ii) the previously announced review by the Supreme Court and the Commission on Human Rights of the witness protection programme on the writ of amparo adopted in 2007, as well as of the application of the Anti-Torture Act No. 9745 and of Act No. 9851 on crimes against international humanitarian law, genocide and other crimes against humanity. The Committee notes the Government’s indication that to date, House Resolution No. 392 (calling for justice for the victims and to urge the House Committee on Human Rights to investigate, in aid of legislation, the spate of enforced disappearances in the country) was filed in October 2019 and is currently pending with the Committee on Rules. The Government adds that in March 2021, the Supreme Court announced a five-week information gathering on the extent of threats against lawyers, after which it will decide on the next course of action. Taking due note of the above, the Committee requests the Government to continue to provide information on any developments with respect to all pending legislative matters referenced above.

Anti-Terrorism Act. In its previous comment, having noted the concerns expressed by the ITUC over the adoption of the Anti-Terrorism Act, 2020, which it alleged aimed at silencing dissenting voices and further entrenched State repression and hostility against workers and trade unionists, the Committee requested the Government to provide information on any aspects of implementation of the Act that affect trade unionists or trade union activities. Observing with concern that, according to the information contained in the ITUC communication, the law has been used to label trade unions, such as COURAGE and ACT, as terrorist organizations, the Committee reiterates its previous request in this regard and requests the Government to take any necessary measures to ensure that the Act does not have the effect of restricting legitimate trade union activities.

Legislative issues

Labour Code. In its previous comments, the Committee had been noting the numerous amendment bills pending before Congress over many years and in various forms with a view to bringing the national legislation into conformity with the Convention. Considering that the Government does not provide any updated information and fails to show any substantial progress in the adoption of the numerous amendment bills, the Committee reiterates all of its previous comments and requests in this respect and expects the Government to be in a position to report progress on this matter.

The Committee further reiterates its comments contained in the 2020 request addressed directly to the Government.

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.

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.

Article 1(a) of the Convention. Punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that under section 3 of the Human Security Act of 2007, a person commits the crime of “terrorism” in committing certain existing offences, if a consequence is “sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the Government to give in to an unlawful demand”, and that such acts are subject to a penalty of 40 years’ imprisonment (involving compulsory labour) without the benefit of parole. The Committee noted the Government’s reference to the application of the Human Security Act in cases illustrating the use of violence or incitement to violence (bombing, multiple murder and attempted murder). The Committee requested the Government to continue to provide information on the application in practice of the Human Security Act of 2007.

The Committee notes the Government’s indication in its supplementary report that the Anti-Terrorism Act No. 11479 of 2020 has repealed the Human Security Act of 2007. The Committee notes that section 4 of the Anti-Terrorism Act defines the offence of terrorism as certain acts committed with the purpose, by their nature and context, to intimidate the general public or a segment thereof, to create an atmosphere or spread a message of fear, to provoke or influence by intimidation the Government or any international organization, or to seriously destabilize or destroy the fundamental political, economic or social structures of the country, or to create a public emergency or seriously undermine public safety. The penalty is life imprisonment, without the benefit of parole. The Government indicates that section 4 also states that advocacy, protest, dissent, stoppage of work, industrial or mass action and other similar exercises of civil and political rights which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or create a serious risk to public safety, shall not be deemed acts of terrorism. The Committee requests the Government to provide information on the application of the Anti-Terrorism Act of 2020 in practice, including copies of relevant court decisions.

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.

Article 1(a) of the Convention. Punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee hoped that the Government would take the necessary measures within the framework of the revision of the Penal Code, to amend sections 142 (inciting to sedition by means of speeches, proclamations, writings or emblems; uttering seditious words or speeches; writing, publishing or circulating scurrilous libels against the Government) and 154 (publishing any false news which may endanger the public order or cause damage to the interest or credit of the State, by means of printing, lithography or any other means of publication) of the Penal Code under which penalties of imprisonment (involving compulsory prison labour) may be imposed.

The Committee notes the Government’s indication in its report that sections 142 and 154 of the revised Penal Code do not provide for a penalty of forced labour, rather a penalty of “prision correccional” under section 142 and a penalty of “arresto mayor” under section 154. Both penalties range from six months and one day to six years imprisonment. In this connection, the Committee once again observes that sections 142 and 154 of the Revised Penal Code are worded in terms broad enough to lend themselves to be applied as a means of punishment for the peaceful expression of views, enforceable with sanctions involving compulsory prison labour under Chapter 2, section 2, of the Bureau of Corrections manual. The Committee further notes that, in the 2017 Report of the Officer of the United Nations High Commissioner for Human Rights, the Human Rights Committee expressed regret that the Cybercrime Prevention Act of 2012 had criminalized libel over the internet. It urged the State party to consider the decriminalization of defamation (A/HRC/WG.6/27/PHL/2, paragraph 39). The Committee notes the Government’s information in its supplementary report according to which the implementing rules and regulations of the Cybercrime Prevention Act provide that libel committed through a computer system or any other similar means is punishable by a prison sentence, a fine, or both. The Committee therefore notes with regret that under section 4(c)(4) of the Cybercrime Prevention Act, libel may be punishable by a prison sentence involving compulsory prison labour. The Committee recalls that Article 1(a) prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision, from punishment involving forced or compulsory labour, thus includes the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media (see 2012 General Survey on the fundamental Conventions, paragraph 302)). The Committee therefore, urges the Government to take the necessary measures to repeal or amend sections 142 and 154 of the Revised Penal Code, as well as section 4(c)(4) of the Cybercrime Prevention Act in order to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system.

Article 1(d). Punishment for having participated in strikes. Over a certain number of years, the Committee has been drawing the Government’s attention to section 263(g) of the Labor Code under which in the event of a planned or current strike in an industry considered indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and settle it or certify it for compulsory arbitration. Furthermore, the President may determine the industries indispensable to the national interest and assume jurisdiction over a labour dispute. The declaration of a strike after such “assumption of jurisdiction” or submission to compulsory arbitration is prohibited (section 264), and participation in an illegal strike is punishable by imprisonment (section 272(a) of the Labor Code), which involves an obligation to perform labour. Furthermore, the Revised Penal Code also provides for sanctions of imprisonment for participation in illegal strikes (section 146). The Committee requested the Government to take the necessary measures to amend the above-mentioned provisions of the Labor Code and the Revised Penal Code so as to ensure their compatibility with the Convention.

The Committee notes the Government’s explanation on the absence of a forced labour penalty for participation in an illegal strike under the provisions of the Labour Code. The Committee further notes the Government’s information in its supplementary report according to which a House Bill entitled the “Act limiting the power to assume jurisdiction over labour disputes involving essential services by the President of the Philippines” was filed on 24 July 2019 and is pending before the House of Representatives Committee on Labour and Employment. The Bill seeks to limit Government intervention leading to compulsory arbitration to essential services in the strict sense of the term. The Committee points out that pursuant to sections 272(a) and 264 of the Labour Code and 146 of the Penal Code, participation in illegal strikes is punishable with imprisonment from three months to three years, and from six months and one day to six years, respectively, penalty that involves compulsory prison labour under chapter 2, section 2, of the Bureau of Corrections Manual. The Committee further recalls that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons participating peacefully in a strike. The Committee requests the Government to take the necessary measures to amend the above-mentioned provisions of the Labour Code and the Revised Penal Code so as to ensure that penalties of imprisonment (involving compulsory labour) cannot be imposed for the mere fact of persons peacefully participating in strikes. Pending the adoption of such measures, the Committee requests the Government to provide information on all court decisions issued under the above-mentioned sections of the Penal Code and the Labour Code in order to assess their application in practice, indicating in particular the facts that gave rise to the conviction, and the penalties applied.

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

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 (see paragraph concerning the application of the Convention in practice) as well as on the basis of the information at its disposal in 2019.

Article 2(1) of the Convention. Scope of application. Children working on their own account or in the informal economy. The Committee previously noted the results achieved following the implementation of the Campaign for Child Labor-Free Barangays, such as bringing the total number of child labour free barangays (villages) to 213 and removing a total of 7,584 children from child labour and placing them in schools. The Committee however, noted from the country report “Understanding child labour and youth employment outcomes in the Philippines, December 2015”, (UCW 2015 report), that child labour in the Philippines continues to affect an estimated 2.1 million children aged 5–17 years of which 62 per cent work in agriculture, about 6 per cent are self-employed and an additional 3 per cent work in private households, most likely as domestic workers. The Committee requested to pursue its efforts to ensure that children working in the informal economy or on a self-employed basis benefit from the protection of the Convention.

The Committee notes the Government’s information in its report that as of December 2018, a total of 348 barangays have been declared as child labour-free by the Department of Labour and Employment (DOLE), while in June 2016, the Municipality of Angono was recognized as the first child labour-free municipality. The Committee also notes the Government’s information regarding the various orders issued through DOLE to combat child labour, such as: (i) the Department Order No. 173 of 2017 on the Revised Guidelines in the implementation of DOLE Integrated Livelihood and Emergency Employment Programmes (DILEEP) which provides that the beneficiaries of livelihood programs shall not be engaged in child labour; (ii) the Department Order No. 175 of 2017 on the Implementing Rules and Regulations of Republic Act No. 10917 which provides that the beneficiaries of the Special Progam for Employment of Students shall not be engaged in hazardous work; (iii) the Department Order No. 159 of 2016 which contains provisions prohibiting child labour in the sugar cane industry; and (iv) the Department Order No. 156 of 2016 on the Rules and Regulations Governing the Working and Living conditions of fishers on board fishing vessels in Commercial Fishing Operations which provides for penalties for engaging child labour in this sector. The Committee further notes from the Government’s report that one of the aims of the proposed amendments to the Republic Act of 9231 is to address child labour in the informal sector. Noting that a high number of children are involved in child labour in the informal sector, the Committee requests the Government to intensify its efforts to ensure that children working in the informal economy or on a self-employed basis benefit from the protection afforded by the Convention. It requests the Government to continue to provide information on the measures taken in this regard as well as the results achieved, in terms of the number of these children who are effectively protected and provided with the appropriate services, in particular following the adoption of the abovementioned ordinance.

Application of the Convention in practice. In its previous comments, the Committee noted that the Government developed the HELP ME Convergence Program as a sustainable and responsive convergence programme to address child labour. It also noted that the ABK3 LEAP project (implemented by World Vision to combat exploitative child labour in the sugar cane sector through education) had achieved significant results in eliminating child labour through providing assistance and educational and livelihood support to children. The Committee requested the Government to strengthen its efforts, including through the effective implementation of the HELP ME Convergence Program, to progressively eliminate child labour.

The Committee notes the Government’s information that in 2017, the Government, in collaboration with the ILO, launched several programmes to eliminate child labour, such as the Convening Actors to Reduce Child Labour and Improve Working Conditions in Artisanal and Small-Scale Gold Mining (ASGM), the CARING Gold Mining project and the SHIELD Against Child Labour project. According to the Government’s report, the CARING Gold Mining project which seeks to address the problem of poverty in ASGM is piloted in Camarines Norte and South Cotabato. As of July 2019, 66 children were removed from child labour through this project. Moreover, the SHIELD Against Child Labour project which aims to eliminate child labour and its worst forms, particularly in small-scale gold mining, deep sea fishing and sugar cane industry is being implemented in four regions. In 2018, with the support of ILO, a Child Labour Local Registry (CLLR) was developed which will be used at the barangay level to serve as a repository of data of child labourers. The Committee notes the Government’s information that within the framework of this project, a total of 596 children were identified as child labourers, of which 380 children were removed from child labour and provided with the necessary assistance. The Committee further notes the Government’s information in its supplementary report that following the implementation of the Administrative Order No. 142 of 2018 on Guidelines on the Profiling of Child Labourers and Provisions of Services to Remove them from Child Labour, the DOLE, through its 16 regional offices, conducted the profiling of child labourers by tapping Government Internship Program (GIP) beneficiaries to locate, identify and remove children from child labour and to provide them with necessary services. In this regard, the Committee notes that from 2018–2019, a total of 275,614 child labourers were identified, of which 18,151 children were provided with necessary services and 202,236 children were referred for the provision of necessary services. In order to fast track the referral of identified child labourers and assess their needs, the DOLE hired 301 project-based community facilitators who were assigned to its 16 regional offices and 92 field offices. Moreover, a Revised Guideline which superseded the Order No 142 was issued through Administrative Order No. 579 of 2019, according to which child labourers identified shall be monitored at least once every six months to track their progress. The Government further indicates that for 2020, the DOLE aimed to identify and remove 175,000 children from child labour and hire 2,500 GIP beneficiaries. However, due to the declaration of state of National Emergency in the country due to the COVID-19 pandemic, the identification of children has been suspended for a year.

The Government further indicates that within the Livelihood Assistance to Parents of Child Labourers Program, up to 2018, a total of 32,507 parents of child labourers and in 2019, 3,533 parents of child labourers were provided with livelihood assistance. Furthermore, the Sagip Batang Manggagawa Quick Action Teams (SBM QATS), an inter-agency mechanism to monitor and rescue children from child labour, conducted a total of 955 rescue operations until 2018, wherein a total of 3,565 child labourers were removed from hazardous and exploitative working conditions. In 2019, the SBM QATS conducted 19 rescue operations and removed 44 children from hazardous and exploitative conditions. The Project Angel Tree provided assistance, including school supplies, to a total of 72,440 children involved in child labour or children who are at risk of engaging in child labour.

The Committee also notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the National Child Labour Committee which is the central policy and coordinating mechanism for the implementation of the Philippine Program Against Child Labor agreed to target one million children to be withdrawn from child labour by 2025. The Committee further notes the detailed information provided by the Government on the progress made in the implementation of the Philippine Program Against Child Labour Strategic Framework for 2017–2022. Accordingly within the framework of this strategy: (i) a National Council Against Child Labour, which replaced the National Child Labour Committee was established to coordinate the prevention and elimination of child labour in the Philippines; (ii) financial support was strengthened for programs supporting withdrawal of children from hazardous work; (iii) anti-child labour laws were improved and enforced at the national and local levels; (iv) access of child labourers and their families to social protection, health, education and decent work was expanded; (v) generation, dissemination and use of knowledge on child labour among stakeholders, policy makers and program implementers was improved; and (vi) a national child labour monitoring and evaluation system was established and maintained.

The Committee, however, notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2016, reiterated its concern that an estimated 1.5 million children between the ages of 5 and 14 are engaged in child labour and that half of them are working in hazardous or dangerous conditions and are exposed to various forms of exploitation (E/C.12/PHL/CO/5–6, paragraph 37). While taking note of the measures taken by the Government to combat child labour, the Committee must express its concern that there remains a significant number of children engaged in child labour, particularly in hazardous conditions in the country. The Committee therefore urges the Government to strengthen its efforts to progressively eliminate child labour. It requests the Government to continue to provide information on the measures taken in this regard, including within the framework of the Philippine Program Against Child Labor and on the results achieved.

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 the Government’s first report in 2019.

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that all Government employees (all branches, instrumentalities and agencies of the Government, including Government-owned or controlled corporations) can form, join or assist employees’ organizations of their own choosing (sections 1 and 2 of the Executive Order No. 180 of 1987 (EO 180)) and that temporary employees of the Government benefit from such protection as may be provided by law (article IX(B), section 2(6) of the Philippine Constitution). While noting that the Supreme Court has held that temporary employees in Government service have a right to self-organization and are covered by the protection against arbitrary dismissals, the Committee observes that there is no domestic law, rule, or policy pertaining to the right to organize of temporary employees. While further noting the Government’s assertion, in its supplementary report, that the Convention expressly recognizes that the country may determine the extent of applicability of the guarantees of the Convention to employees whose duties are of a highly confidential nature, employees in the armed forces and the police, the Committee observes that under EO 180 and the Amended Rules and Regulations Governing the Exercise of the Right of Government Employees to Organize, 2004 (Implementing Rules and Regulations (IRR) of EO 180), several other categories of workers, whose functions do not justify their exclusion from the application of the Convention, are also subject to limitations: firefighters and jail guards are not eligible to form, join or assist any employees’ organization for purposes of collective negotiations, and other personnel who, by the nature of their functions, are authorized to carry firearms, are also excluded from this right, except when there is express written approval from the management. Recalling in this regard that the 2019 Conference Committee on the Application of Standards requested the Government to ensure that all workers without distinction are able to form and join organizations of their choosing in accordance with Article 2 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee refers to its detailed comments made on this issue under Convention No. 87.

Registration requirements for trade unions in the public sector. Legislative issues. In its previous comment under Convention No. 87, the Committee requested the Government to inform of the progress made in amending the IRR of EO 180 with regard to the registration requirement for trade unions in the public sector and to provide a copy once issued. The Committee notes the Government’s indication provided to the 2019 Conference Committee that since the 2017 ratification of this Convention, there has been renewed vibrancy in organizing in the public sector and public sector unions, especially in the local government units, have been increasing. The Committee notes that, in its supplementary report, the Government adds that a 14 per cent increase was observed in union registration between 2017 and 2018 with a total of 1,789 registered unions and 493,101 union members in the public sector in July 2020 (46 per cent of employees’ organizations registered in the public sector are from the local government units, 32 per cent from the national government agencies, 13 per cent form State universities and colleges and 9 per cent from Government-owned and controlled corporations). The Committee further notes that House Bills Nos 2621 and 2846, which seek to address gaps in public sector labour relations, in particular on the right to organize, and aim at codifying all laws and relevant issuances governing the civil service into a single, comprehensive statute, were filed in the 18th Congress in July 2019 and are currently with the House Committee on Civil Service and Professional Regulation. The Government also informs that the review of the Amended IRR was presented to the Public Service Labor-Management Council (PSLMC) in January 2020, that several members requested additional time to review the amendments and that despite the current COVID-19 pandemic, work on the amendments continues. The Government adds that, in the meantime, the PSLMC adopted several resolutions which have had positive impact on the public sector unions since 2017. While welcoming this information, the Committee observes that the Government does not provide details about the current or foreseen impact of these proposals on the registration threshold for public servants’ organizations and that the titles of the PSLMC resolutions do not suggest that they address this issue. The Committee recalls in this regard that the Center for United and Progressive Workers (SENTRO) previously expressed concerns that the requirements for union registration in the public sector are overly stringent (a 10 per cent signature support requirement). In light of the above, the Committee requests the Government to provide further updates on the progress made in the legislative reform concerning the right to organize of public sector employees and to indicate any impact of these reforms on the threshold for registration of public employees’ organizations.

Article 6. Facilities to be afforded to public employees’ organizations. The Committee notes that the IRR of EO 180 allow public servants’ organizations to collect reasonable dues to finance conduct of seminars on public sector unionism and other relevant activities, as well as to negotiate over communication systems and other social and cultural facilities. The Committee also notes that House Bill No. 2621 (filed in July 2019) aims at addressing the gaps in public sector labour relations, particularly on the protection of the right to organize, facilities to be afforded to public sector employees’ organizations, procedures for determining the terms and conditions of employment, civil and political rights, and settlement of disputes arising or in connection with the determination of terms and conditions of employment. The Committee observes, however, that the Government does not clearly indicate the facilities currently afforded to the representatives of recognized public workers’ organizations to enable them to carry out their functions promptly and efficiently, in line with Article 6 of the Convention. The Committee therefore requests the Government to indicate in more detail what facilities are afforded to the representatives of recognized public workers’ organizations to enable them to carry out their functions promptly and efficiently and trusts that the pending legislative reform will address this issue. The Committee also trusts that, in the context of the adoption of the above legislation, public workers’ organizations are meaningfully consulted, and requests the Government to provide a copy of the legislation once amended.

Article 7. Participation of organizations of public employees in the determination of terms and conditions of employment of their members. The Committee notes that a duly registered employees’ organization which enjoys the support of the majority of the rank-and-file employees in the organizational unit can obtain the status of the sole and exclusive collective negotiating agent, conferred by the Civil Service Commission (sections 9–12 of EO 180, Rule I, section 1(a) of IRR on EO 180). The Committee recalls in this regard that the requirement to obtain support of an absolute majority of all workers in a bargaining unit to be recognized as a bargaining agent may give rise to problems every time that no union secures the absolute majority support, thus preventing collective bargaining. The Committee notes the detailed information provided in the Government’s supplementary report on the number of organizations of public workers that have obtained the status of exclusive negotiating agent and notes with interest that this number has increased (74 unions in 2017, 94 in 2018 and 148 in 2019 – the total number increased from 1,167 in 2017 to 1,407 in 2019) and that half of all unions registered in the public sector concluded and registered a collective bargaining agreement. The Committee requests the Government to continue to provide details as to the number of public workers’ organizations with the status of exclusive bargaining agent and on the number of collective agreements concluded and in force in the public sector. The Committee also requests the Government to clarify whether, in case no union in a specific negotiating unit meets the required threshold of absolute majority to be able to negotiate on behalf of all workers, the existing unions are able to negotiate, jointly or separately, at least on behalf of their own members.

The Committee further notes that under chapter 1, Book V, section 3 of Executive Order No. 292 (1987) the terms and conditions of employment of all Government employees, including those in Government-owned or controlled corporations with original charters, shall be fixed by law and those conditions not fixed by law may be the subject of negotiation between duly recognized employees’ organizations and appropriate Government authorities. Similarly, EO 180 and its IRR provide that the terms and conditions of employment may be the subject of negotiations between duly recognized employees’ organizations and appropriate Government authorities, except those fixed by law, which include increases in salary, allowances and travel expenses (section 13 of EO 180, Rule I, section 1(i) and Rule XII, sections 1–3 of IRR on EO 180). The Committee also notes the information provided by the Government that EO 180 establishes the PSLMC and that the National Tripartite Industrial Peace Council (NTIPC) was reconstituted in 2013 as the main consultative and advisory mechanism lodged with the Department of Labour and Employment (DOLE), in which workers, employers and Government can discuss labour and employment relevant policy and which is mandated to formulate, for submission to the President or Congress, tripartite views, recommendations and proposals on labour, economic and social concerns. Finally, the Committee notes the detailed information provided in the Government’s supplementary report on the expansion of membership of tripartite bodies, in particular that the PSLMC allows the participation of elected sectoral representatives during the deliberation of policies on public sector unionism at the level of the PSLMC-Technical Working Group and that all tripartite mechanisms under the supervision of the DOLE, including the NTIPC, the Regional Tripartite Industrial Peace Councils (RTIPCs) and the Industry Tripartite Councils (ITCs), include representatives from public sector labour unions. This ensures that the interests of workers in Government services are fully represented in the decision and policy-making processes at the national, regional and local levels, thus ensuring tripartism and social dialogue. The Government also informs about the commitments of the DOLE to continue to engage in meaningful consultations for the development of a public sector labour relations roadmap consistent with the principles of the Convention. Taking due note of the above initiatives, the Committee requests the Government to continue to provide information on any formal mechanisms for public servant organizations to negotiate or participate in the determination of terms and conditions of their employment, in line with Article 7 of the Convention, without limitation of subjects, and to provide further details on the development of a public sector relations roadmap.

Article 8. Settlement of disputes. The Committee notes from the information provided by the Government that the PSLMC is mandated to implement and administer the provisions of EO 180, which includes the settlement of disputes and has the original and exclusive jurisdiction over disputes which arise in collective negotiations or when there is a dead-lock resulting therefrom. Accordingly, if a dispute remains unresolved after exhausting all the available remedies under existing laws and procedures, the parties may jointly refer the dispute to the PSLMC (section 16 of EO 180). The Committee observes, however, that members of the PSLMC are exclusively Government representatives (the Chairperson of the Civil Service Commission (the Chair); the Secretary of the DOLE (Vice-Chair); the Secretary of the Department of Finance; the Secretary of the Department of Justice; and the Secretary of the Department of Budget and Management), while representatives of public servants’ organizations do not have a right to vote in its discussions and deliberations and can only participate during PSLMC deliberations. For this reason, the PSLMC does not seem to constitute an independent and impartial means of solving disputes arising in connection with the determination of terms and conditions of employment, as provided for in Article 8 of the Convention. The Committee further notes, from the Government’s supplementary report, that the IRR of EO 180 also provide guidelines for resolution of grievances (Rule XIV), unfair labour management practices (Rule XVI) and intra-employees’ organizations disputes (Rule XVII), as well as for the submission of a complaint or petition to the Council (Rules XIX and XX). The IRR of EO 180 further make reference to conciliation and mediation of disputes by the Personnel Relations Officer of the Civil Service Commission (now Human Resource Relations Officer) before a dispute is sent to the Council for resolution (Rule XVIII). The Committee observes, however, that no new information was provided with regard to the possibility for representatives of public servants’ organizations to vote in the discussions and deliberations of the PSLMC or on the existence of any other independent and impartial means of solving disputes arising in connection with the determination of terms and conditions of employment, as provided for in Article 8 of the Convention. The Committee therefore requests the Government to indicate once again whether disputes arising in connection with the determination of terms and conditions of employment in the public service can also be referred to other independent mechanisms which benefit from the confidence of the parties involved.

Application of the Convention in practice. The Committee takes note of the information provided by the Government regarding the establishment and the roles of the Civil Service Commission, the PSLMC and the Departments of Labour and Employment, Finance, Justice and Budget and Management in administering and implementing the rules governing public sector workers and observes that, in its supplementary report, the Government clarifies the role of the Civil Service Commission and the Department of Budget and Management with respect to giving effect, in practice, to the guarantees of the Convention for public sector workers. The Committee also notes with interest that the Government informs about the granting of yearly Collective Negotiation Agreement (CNA) Incentives, as a form of reward to motivate employee efforts towards higher productivity, which may be granted to both management and rank-and-file employees of agencies with approved and successfully implemented CNAs in recognition of their efforts in accomplishing performance targets at lesser cost and in attaining more efficient and viable operations through cost-cutting measures and systems improvement.

Tribunal decisions. The Committee takes note of the information provided by the Government regarding one court decision issued by the Supreme Court of the Philippines relating to the application of the Convention, and its statement that there are other similar rulings. The Committee requests the Government to continue to provide information on court decisions relating to questions of principle regarding the application of the Convention.

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, (see Articles 3 and 7(1), and Articles 3(b) and 7(2) (a) and (b)) as well as on the basis of the information at its disposal in 2019.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the measures taken by the various Government departments and the Inter-Agency Council Against Trafficking (IACAT) to address cases related to trafficking of children. It requested the Government to continue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s information in its report that the Department of Labor and Employment (DOLE) issued Administrative Order No. 551 of 2018 for the Creation of the DOLE Task Force Against Illegal Recruitment, Recruitment of Minor Workers, and Trafficking in Persons to have more focused, concerted, coordinated and effective programmes of action to combat the illegal recruitment and trafficking of children. It also notes the Government’s information on the number of orientation and awareness-raising activities undertaken by the DOLE concerning the worst forms of child labour. Moreover, in October 2017, DOLE participated in a workshop conducted by the IACAT and the Australia–Asia Program to Combat Trafficking in Persons on identifying, investigating and prosecuting cases of trafficking of persons for labour exploitation. In April 2017, a Child Protection Compact Partnership (CPC Partnership) was signed by the IACAT and the US Embassy to support Philippines’ campaign against trafficking of children. The Committee notes the Government’s information in its supplementary report that a total of 123 law enforcement officials were trained under the CPC partnership on various topics including Anti-trafficking in Persons Special Investigations Field Training. According to the Government’s report, from September 2017 to September 2019, a total of 44 rescue operations were conducted under the CPC partnership, during which 125 minors were rescued.

The Committee further notes from the Government’s report that Republic Act No. 10821 which was adopted in May 2016, provides that upon declaration of a national and local state of calamity, the Philippine National Police, the Department of Social Welfare and Development, with the assistance from the Armed Forces shall immediately heighten comprehensive measures and monitoring to prevent trafficking of children and their exploitation in the areas declared under a state of calamity. Furthermore, the Anti-Trafficking in Persons Act of 2012 was expanded through Republic Act No 10364 entitled “Expanded Anti-Trafficking in Persons Act of 2012”, to institute policies to eliminate trafficking in persons especially, women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, and providing penalties for its violation. The Committee notes that according to section 4A of the Expanded Anti-trafficking in Persons Act of 2012, attempted trafficking of persons, where there are acts to initiate the commission of a trafficking offence but the offender failed or did not execute all the elements of the crime, shall be punished. In the case of a child, attempted trafficking involves various acts including facilitating the travel of a child who travels alone to a foreign country without valid reason; required clearance or permit, or a permit from the parents; executing an affidavit of consent or a written consent for adoption; as well as acts to solicit or acquire a child for the purpose of selling.

The Committee, however, notes 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 identified and assisted in 2015, and that sex tourism is reportedly on the rise. Furthermore, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2016, expressed concern at the persistently high incidence of trafficking in women and children; the very small number of prosecutions and convictions of traffickers; the insufficient level of understanding of the issues relating to trafficking and the anti-trafficking legal framework among law enforcement officials; and the allegations of complicity of law enforcement officials in the cases related to trafficking of persons (E/C.12/PHL/CO/5–6, paragraph 41). While noting the measures taken by the Government, the Committee urges it to intensify its efforts to eliminate in practice the trafficking of children by ensuring that thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, including state officials suspected of complicity, and that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to pursue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age. The Committee further requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and penal sanctions imposed in cases related to the trafficking of children as well as for the offences related to attempted trafficking in children under the Extended Anti-trafficking Act of 2012.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted the adoption of Executive Order No. 138 on a Comprehensive Programme Framework for Children in Armed Conflict, which calls on the national agencies and local government units affected by armed conflict to integrate the implementation of the Children in Armed Conflict (CIAC) programme framework. The CIAC programme includes developing, strengthening and enhancing policies to promote the protection and prevention of children in armed conflict. It also noted from a report of the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict of 2016 that the majority of the benchmarks established in the action plan aimed at ending the recruitment and use of child soldiers, which was signed between the United Nations and the Moro Islamic Liberation Front (MILF) in 2009, had been reached and that the Moro Islamic Liberation Front was implementing a four-step process to identify and release all children associated with the military. However, noting from the Report of the Secretary-General on Children and Armed Conflict of April 2016 that children continued to be recruited by armed forces and groups, the Committee urged the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use in armed conflict, and proceed with the full and immediate demobilization of all children.

The Committee notes the Government’s information that in January 2018, the President signed Republic Act No. 11188 on the Special Protection of Children in Situations of Armed Conflict and Providing Penalties for Violations Thereof. This Act requires the State to take all feasible measures to prevent the recruitment, re- recruitment, use, displacement of, or grave violations of the rights of children involved in armed conflict. It notes the Government’s information that in order to effectively implement the provisions of Act No. 11188, an Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC), chaired by the Council for the Welfare of Children (CWC) and comprising representatives from various government organisations, has been created. The functions of the IAC-CSAC include, formulating guidelines and developing programmes in coordination with concerned agencies, for dealing with children involved in armed conflict and monitoring and documenting cases of capture, surrender, arrest, rescue or recovery by government forces. In this regard, the Committee notes the Government’s information that the CWC and the IAC-CSAC, in consultation with the UNICEF Philippines and the Philippine Legislators’ Committee adopted in June 2019, the Implementing Rules and Regulations (IRR) for the Republic Act No.11188.

The Committee also notes from the 2017 UNICEF report Children in Armed Conflict: Philippines that the implementation of the UN–MILF Action Plan ended in July 2017 with the disengagement of nearly 2,000 children from the ranks of the MILF–Bangsamoro Islamic Armed Forces (BIAF). However, the Committee notes that the report of the Secretary-General on children and armed conflict of June 2019, referred to the recruitment and use of 19 children (ten boys and nine girls); 18 by armed groups and one by the armed forces. The United Nations also received additional allegations of recruitment and use of 13 children by the armed groups, such as the New People’s Army, Maute Group and the Abu Sayyaf Group. While taking note of the measures taken by the Government, the Committee must express its concern at the continued use and recruitment of children by armed forces and groups. The Committee therefore urges the Government to continue to take the necessary measures to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into the armed forces and armed groups, including through the effective implementation of Republic Act No. 11188 and its Implementing Rules and Regulations. The Committee also urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice.

Articles 3(b) and 7(2)(a) and (b). Use, procuring or offering of children for the production of pornography or for pornographic performances. Preventing children from being engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and reintegration. Commercial sexual exploitation of children. The Committee notes that the Anti-Child Pornography Act of 2009 provides for the protection of children under 18 years of age from all forms of exploitation and abuse including the use of a child in pornographic performances and materials and the inducement or coercion of a child to engage or be involved in pornography through whatever means (section 2). Section 4 of the Act further prohibits a wide range of offences related to using, hiring, inducing or coercing children for the production of child pornography, and its publication, possession, distribution, and accessing of child pornography while providing for penalties of maximum imprisonment and fines to the perpetrators of such offences (section 14). The Committee noted that according to the UNICEF Summary Report of 2016 on Situation Analysis of Children in the Philippines, cyber violence has emerged as a serious threat and that the new technologies put children at risk of online sexual solicitation and grooming. The number of children coerced, often by relatives, to perform sex acts for live streaming on the internet has increased making online child abuse the leading cybercrime in the country. This report further states that the Philippines is one of the top ten countries globally producing sexual content using children.

The Committee notes the Government’s information that an initiative entitled SaferKidsPH, spearheaded by the Australian Government and delivered through Save the Children, the Asia Foundation and the UNICEF was launched in October 2019. This initiative aims to create a safer environment for children where the Government and other stakeholders play an active role in: (i) adopting positive behaviour towards protection of children from online abuse and exploitation; (ii) strengthening investigation, prosecution and adjudication of Online Sexual Abuse and Exploitation of Children (OSAEC) cases consistent with national legislation; and (iii) improving service delivery for prevention and protection of children against online sexual abuse and exploitation in OSAEC hotspots. Moreover, a study on online sexual exploitation of children in the Philippines was conducted by the Government in partnership with the International Justice Mission and its findings were presented to the public. The Government report further indicates that in 2018, the Philippine National Police-Anti Cybercrime Group recorded 59 cases of child pornography in 2018 and 11 cases in the first quarter of 2019. In 2018, the Department of Justice Office of Cybercrime recorded 579,006 cyber tips for the online sharing, re-sharing and selling of child sexual images and videos and in 2019, 418,422 such cyber tips were recorded. Moreover, from January to August 2020, a total of seven cases were filed against syndicated crime groups and individual offenders of child pornography who have been arrested and brought to the jurisdiction of the courts.

The Committee further notes that according to a document by the International Organization for Migration, entitled Human Trafficking Snapshot, Philippines, September 2018, indicates that there are tens of thousands of children being exploited and abused in cybersex dens across the Philippines. The Committee notes with deep concern at the significant number of children who are subject to commercial sexual exploitation in the Philippines and the low number of prosecutions and convictions in this regard. The Committee therefore urges the Government to take the necessary measures to ensure the effective enforcement of the Anti-Child Pornography Act, by ensuring that thorough investigations and prosecutions of persons who use children in the production of pornography and in pornographic performances are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It also urges the Government to take immediate and effective time-bound measures to prevent the engagement of children in commercial sexual exploitation as well as to remove those who are victims of such forms of child labour and to provide for their rehabilitation and social reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Articles 3(d), 4(1) and 7(2)(b). Hazardous work and time-bound measures to provide direct assistance for their removal and rehabilitation and social integration. Child domestic workers. In its previous comments, the Committee noted the International Trade Union Confederation’s (ITUC) allegations that there were at least 1 million children under the age of 18 years in domestic work, some of whom were subject to slavery-like practices or working in harmful and hazardous conditions, while some of them, especially girls, suffered physical, psychological and sexual abuses and injuries. In this regard, the Committee noted the adoption of Republic Act No. 10361 which provides for instituting policies for the protection and welfare of domestic workers as well as setting the minimum age for employment in domestic work at 15 years. It also noted that a road map for the elimination of child labour in domestic work and the provision of adequate protection for young domestic workers of legal working age was adopted and a Joint Memorandum Circular (JMC) on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic workers) was signed by the DOLE, the Department of Social Welfare and Development, the National Bureau of Investigation and the Philippine National Police. The Committee urged the Government to strengthen its efforts to ensure the effective implementation of Republic Act No. 10361, to provide information on the implementation of the road map for the elimination of child labour in domestic work as well as the measures taken to rescue and rehabilitate abused domestic workers following the JMC on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay.

The Committee notes the Government’s information that in July 2017, the DOLE issued an Administrative Order which provides for guidelines for the effective enforcement of the rights of domestic workers under Republic Act No.10361 as well as on the terms and conditions of employment of children under Republic Act No.9231. It also notes the Government’s information that DOLE, with support from ILO, conducted training for 35 DOLE personnel to enhance their capacity in detecting and assessing child labour incidents. In 2017, the Bureau of Workers with Special Concerns (BWSC) conducted capacity enhancement training for regional kasambahay focal persons in addressing the vulnerability of domestic workers. However, the Committee notes from the 2018 ILO document on Social Dialogue to Achieve Sustainable Development Goals: Formalising the Informal Economy, Country Brief, Philippines that domestic work is the largest single source of wage employment for women as well as for young workers. The Committee therefore strongly encourages the Government to strengthen its efforts to prevent children under 18 years from engaging in hazardous working conditions in domestic work, including through the effective implementation of the road map for the elimination of child labour. It requests the Government to provide information on the measures taken in this regard as well as on the results achieved in terms of the number of child domestic workers who have been protected or withdrawn from child labour and rehabilitated. It also urges the Government to strengthen its efforts to ensure that Republic Act No. 10361 is effectively applied and that sufficiently effective and dissuasive penalties are imposed in practice on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions.

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

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 (see Articles 7(2)(a) and 7(2)(b) concerning access to education and child victims of trafficking), as well as on the basis of the information at its disposal in 2019.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Ensuring access to free basic education. In its previous comments, the Committee noted the significant results achieved following the implementation of: (i) the compulsory schooling provisions under the Enhanced Basic Education Act No. 10533 of 2013; (ii) the provisions of educational assistance, school supplies and food and clothing under the Project Angel Tree; and (iii) the Education for All (EFA)-related programmes and policies implemented by the Government. However, the Committee noted from the EFA review of 2015 that keeping children in school until they finish their basic education and reducing drop-outs in the first three grades remained an issue. The Committee therefore requested the Government to take the necessary measures to reduce school drop-out rates, particularly in early grades, so as to prevent the engagement of children in the worst forms of child labour.

The Committee notes the Government’s information in its report that the Enhanced Basic Education Act also addresses the educational needs of children under difficult circumstances and those from indigenous communities. It also notes from the Government’s report that the Department of Education (DepEd) issued the Gender-Responsive Basic Education Policy of 2017 to address the gender parity in basic education by mainstreaming gender in all its educational policies, programmes and projects. The Committee further notes the Government’s statement that the DepEd is continuing its efforts to ensure access to, and completion of, free education for all Filipino children through implementing various programmes aimed at promoting inclusive education for all children, such as: the Early Childhood Care and Development MultiGrade Programme; the Alternative Learning System (ALS) Programme; the Accreditation and Equivalency Programme; and the Financial Assistance Programme. The Committee notes the Government’s information in its supplementary report that the ALS programme aims to provide opportunities for school drop-outs and those school-aged children who cannot regularly report to school to complete their elementary and secondary education outside the formal system. In 2019, about 26,889 Community Learning Centers were offering the ALS programme. Moreover, the Government Assistance and Subsidies programme, which provides financial assistance to deserving elementary school graduates to pursue their secondary education, has benefitted 2,425,198 students in 2019. In addition, measures are in place to continue providing better access to education during this period of emergency such as the Learner Enrolment and Survey Form designed to profile the household in terms of their readiness for distance education and the DepEd Commons, an online learning platform for students who are currently forced to stay home. The Government further reports that according to the data from the Enhanced Basic Education Information System, 2018, from 2015 to 2018, the school drop-out rates in early grades have decreased significantly. The Committee, however, notes from the UNESCO statistics of 2017, that although the net enrolment rate at the primary level was 93.78 per cent, a total number of 1,317,786 children and adolescents were out of school in 2017. Considering that education is key in preventing children from being engaged in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to facilitate access to, and completion of, free basic education for all children. In this regard, it urges the Government to take the necessary measures to increase the school enrolment and completion rates and reduce the school drop-out rates. The Committee requests the Government to provide updated information on the specific measures taken in this regard and the results achieved.

2. Children engaged in drug trafficking. The Committee previously requested the Government to pursue its efforts to prevent the engagement of children under the age of 18 years in drug trafficking.

The Committee notes the information provided by the Government on the measures taken by the Philippine Drug Enforcement Agency (PDEA) to prevent children from being engaged in drug related offences. In this regard, the Sangguniang Kabattan (Youth Council) Standard Training in Extensive Anti-Drug Prevention Education (SK STEP-UP), through its anti-drug advocacy programme plays an important role. The PDEA also developed, published and distributed comics to educate young people on the specific issues related to illegal drug activities and implemented Drug Prevention Education through conducting seminars, symposia and lectures for youths. The Committee encourages the Government to continue its efforts to prevent the engagement of children under the age of 18 years in drug trafficking related offences and to provide information on the number of children reached by the preventive activities mentioned above.

Article 7(2). Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child victims of trafficking. In its previous comments the Committee noted that the Recovery and Reintegration Programme for Trafficked Persons (RRPTP) through its multisectoral approach, ensures adequate recovery and reintegration services to victims of trafficking as well as to their families. However, it noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 22 July 2016, expressed concern at 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 therefore requested the Government to strengthen its efforts to protect children under 18 years of age from this worst form of child labour and to provide them with appropriate services for their rehabilitation and reintegration.

The Committee notes the Government’s information that in 2018, the RRPTP served and assisted a total of 2,318 victims of trafficking including 611 minors. In 2019 the RRPTP served and assisted a total of 2,041 victims of trafficking, including 463 minors. Throughout the years of RRPTP implementation, a total of 16,250 victims of trafficking were served and assisted, 17 per cent of which were minors. The Committee requests the Government to continue providing appropriate services for rehabilitation and reintegration to victims of trafficking under the age of 18 years. It also requests the Government to continue to provide information on the measures taken in this regard and on the number of child victims of trafficking who have been provided services, including through the RRPTP.

Articles 2 and 18 of the Convention. Scope of Application. Consultations. The Committee welcomes the Government’s report received in August 2018. The Government indicates that it has held a series of consultations with the social partners and concerned agencies since 2009 on issues related to the implementation of the Convention. The Committee notes that the Department of Labour and Employment (the DOLE) consulted with workers’ associations, employers, civil society organizations, national and local government agencies, and formed a Technical Working Group which was actively involved in lobbying before Congress during the process of the passage of the Domestic Workers Act/ Republic Act No. 10361 (hereinafter RA 10361). It also notes that the National Tripartite Peace Council (hereinafter the NTIPC) held consultations both on the Implementing Rules and Regulations (IRR) of the RA 1036 and the DOLE Department Order No. 141, series of 2014 or the Revised Rules and Regulations Governing Recruitment and Placement for Local Employment (hereinafter DO 141-14) before they were endorsed by the Secretary of Labour and Employment. The Committee requests the Government to continue to provide information regarding consultations held with the most representative organizations of employers and workers and, where they exist, with organizations representative of domestic workers with regard to the exclusion of categories of workers from the scope of application of the Convention (Article 2(2) of the Convention) and to measures taken to protect domestic workers recruited or placed by private employment agencies against abusive practices (Articles 15(2) and 18 of the Convention).

Article 3(2) (a). Freedom of association. The Government indicates that the NTIPC, reconstituted by virtue of Republic Act No. 10395 as the main consultative and advisory mechanism lodged with the DOLE, is replicated at the regional and industry levels through the Regional Tripartite Industrial Peace Councils (RTIPCs) and Industry Tripartite Council, respectively. The Committee notes that these tripartite mechanisms were expanded to include representatives not only from the formal sector, but also from youth, women, migrants, and the informal economy, where domestic workers are concentrated, to ensure that the rights, interests and special concerns of workers in all sectors are promoted and protected. Recalling that under Rule IV(17) of the IRR, the RTIPC shall create within the Council a subcommittee to ensure adequate representation of domestic workers in social dialogue on issues and concerns specific to their work and their welfare, the Committee notes that the Government does not clarify whether this subcommittee has been created. On the other hand, the Government indicates that, in 2017, a workers’ association, formed by domestic workers was registered with the DOLE. In this respect, the Committee notes that workers’ associations are labour organizations usually formed by groups of itinerant, ambulant, intermittent, self-employed, rural workers and those workers without definite employers (workers in the informal economy), for mutual aid and protection of its members or for any legitimate purpose other than collective bargaining. In its 2016 comments on the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No.87), the Committee noted that House Bill No. 5886, which will possibly be pursued in the next Congress as refiled House Bill No. 1354, while recognizing a degree of participation in trade union activities to all migrants, only recognizes the right to self-organization and the right to join and assist labour organizations, to migrants aliens with a valid working permit. The Committee also recalled that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that anyone residing in the territory of a State, whether or not they have a residence or a working permit, benefits from the trade union rights provided by the Convention. The Committee reiterates its request that the Government provide information on the constitution of the subcommittee to ensure adequate representation of domestic workers in social dialogue, pursuant to Rule IV (17) of the IRR, as well as other measures taken or envisaged to ensure domestic workers’ freedom of association and collective bargaining rights.

Articles 3(2) (b) and (d), 8 and 15. Migrant domestic workers. The Committee notes that the Government has increased its efforts to provide anti-trafficking training to its officials, Philippines troops and law enforcement officers prior to their deployment abroad on international peacekeeping missions. In this context, the Department of Foreign Affairs provided training on human trafficking for its diplomatic personnel prior to overseas deployment, formally launched its handbook on trafficking, and issued new guidelines to its Foreign Service personnel about employment of personal staff. The Government indicates that its officials continued to cooperate with other Governments to pursue international law enforcement action against suspected foreign traffickers, most of which involved sexual exploitation of children. The Committee also notes that the Government maintained protection efforts and continued to implement formal procedures to identify victims in the Philippines and overseas and to refer them to official agencies or NGOs facilities for care. Moreover, the Government indicates that the Philippines Overseas Employment Administration (POEA) launched a social media campaign to educate people about illegal recruitment. The Committee recalls that it has been raising a number of issues with regard to migrant domestic workers in the context of the application of other ILO Conventions. The Committee notes that in its concluding observations of 22 July 2016, the UN Committee on the Elimination of Discrimination against Women (CEDAW), 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 issues, the lack of designated shelters for victims of trafficking as well as support for rehabilitation and reintegration (CEDAW/C/PHL/CO/7-8, para. 27). The Committee also recalls that in its 2012 comments on the application of Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Committee noted that almost one third of the Filipino overseas workers in 2010 were deployed in domestic work, 98 per cent of them being female migrant workers. Referring to its comments under Convention No. 29, the Committee requests the Government to provide further information on the measures taken, at the national and international levels, to strengthen the mechanisms to eliminate all forms of forced or compulsory labour in relation to domestic workers, especially migrant domestic workers recruited through private employment agencies. It reiterates its request that the Government provide practical information on the investigations of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers. With regard to the issue of age restriction for the departure of household service workers, the Committee refers once again the Government to its comments under Conventions Nos 97 and 143.

Article 4. Child domestic workers. The Committee notes the information provided by the Government on legislation aiming to prevent and eliminate the worst forms of child labour. The Government indicates that the Joint Memorandum Circular (hereinafter JMC) on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic workers), signed in October 2015, provides guidelines to all concerned agencies for the immediate rescue and rehabilitation of abused or exploited domestic workers nationwide. It also indicates that DO 141-14 classifies recruitment and placement of workers in violation of anti-child labour laws as a serious offense with an imposable penalty of cancellation of authority to recruit of private employment agencies and that the Department Order No. 149 of 2016 on Guidelines in Assessing and Determining Hazardous Work in Employment of Persons below 18 years of age lists work and activities which are considered as hazardous to domestic workers below 18 years of age. In addition, the Committee takes note of the Republic Act No. 9155, which stipulates the establishment of the Alternative Learning System in cases where formal basic education in schools is impossible. The Committee also notes the Department Order No. 159, issued in June 2016 on the Guidelines for the Employment of Migratory Sugarcane Workers, which includes a provision on prohibition against child labour. The Committee recalls that, in its 2019 comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), it urged the Government to strengthen its efforts to ensure that Republic Act No. 10361 is effectively applied and that sufficiently effective and dissuasive penalties are imposed in practice on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions. The Committee also requested the Government to indicate the measures taken to rescue and rehabilitate abused domestic workers following the JMC and the results achieved in terms of the number of child domestic workers rescued and rehabilitated. In this regard, the Committee refers the Government to its observation under Convention No. 182 and trusts that the Government will provide information on these issues in this framework.

Article 10. Equal treatment between domestic workers and workers in general. Working hours and stand-by work. In response to Committee’s previous comment, the Government indicates that the DOLE issued Labour Advisory No. 10, in June 2018, reaffirming the entitlements of domestic workers to rights and benefits under RA 10361 and to labour standard benefits which are also enjoyed by workers in the formal sector, such as Special Leave Benefit, Solo Parent Leave, Violence Against Women and their Children Leave. The Committee also notes that, regarding migrant domestic workers, the Government has signed Bilateral Labour Agreements with major countries of destination to ensure ethical and fair recruitment standards, adopt Standard Employment Contracts (hereinafter SECs), give focus to priority areas of cooperation, and establish mechanisms for cooperation. The Government requires that all SECs limit the hours of Filipino domestic workers to a maximum of eight hours per day, six days per week and that they specify that work in excess of eight hours should be compensated with overtime pay. The Committee requests the Government to continue to provide information on how the principle of equal treatment between domestic workers and workers in general is ensured in practice. It also reiterates its request that the Government provide information on the regulation of standby work pursuant to Article 10(3) of the Convention, and taking into consideration Paragraph 9 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 11. Minimum wage. The Government indicates that, as of June 2018, sixteen regions issued minimum wage orders for domestic workers, granting increases in the minimum wage of domestic workers ranging from PHP300.00 to PHP2.000.00. With regard to the competency-based pay scheme, it indicates that coordination with the Technical Education and Skills Development Authority is ongoing with regard to the number of domestic workers who have participated in trainings provided by the authority. The Committee reiterates its request that the Government provide information on the effectiveness and impact of the competency-based pay scheme and on the number of domestic workers that have been granted wage increases pursuant to the application of this scheme.

Article 14. Social security. The Committee notes that the Government has established a series of programs to extend social security coverage to domestic workers. The Government indicates that, under the Employee's Compensation (EC) Program, locally employed domestic workers are mandatorily covered under the purview of the Employee's Compensation Commission (ECC). Furthermore, the Government indicates that domestic workers are entitled to benefits accorded through Presidential Decree No. 626 that include: medical benefits; rehabilitation services; disability benefits; death benefits; and other common income benefits. With regard to the issue of registration of domestic workers, the Government indicates that under RA 10361, the employer has the obligation to register the domestic worker, deduct, and remit the required Social Security System (SSS) premiums and contributions. The Committee notes that the SSS has instituted a series of programs for domestic workers to handle and streamline the registration process for household employers and domestic workers. It further notes that, as of December 2017, 181.210 domestic workers have been registered under SSS, representing a 58 per cent increase from the number of registered domestic workers in 2013. In addition, the total number of beneficiaries, both members and dependents of domestic workers, under PhilHealth amounts to 121,308 persons, an increase of 3.20 per cent since 2016. With regard to the issue of extending social security coverage to domestic workers working for multiple employers, the Committee notes that, while, part-time domestic workers working for multiple employers are not covered under the EC Program, their coverage is already approved by the ECC. The Committee notes that in 2018 the implementing guidelines were being drafted for consultation with stakeholders. Furthermore, the Government indicates that for domestic workers with multiple employers, the SSS has existing policies on the registration and remittance contributions of employed workers with multiple employers, which may also be acceptable to domestic workers. The Committee requests the Government to provide information on the results achieved as a result of the implementation of measures to promote registration of domestic workers in social protection programmes and to continue to provide statistical data, disaggregated by sex, on the number of domestic workers who are affiliated to the social security scheme. It further requests the Government to continue to provide information on the measures taken to extend social security coverage to domestic workers working for multiple employers and to communicate the new ECC implementing guidelines once these have been adopted. The Committee reiterates its request that the Government provide information on the consultations held with the social partners regarding these issues (Article 14(2)).

Article 17(2) and (3). Labour inspection and sanctions. Access to household premises. The Committee notes that the current rules and regulations governing labour inspection do not provide for inspection in private premises where domestic workers perform their work. The Government indicates that the Philippines Overseas Employment Administration conducts inspections every two years of the licensed recruitment and placement agencies deploying household service workers overseas. The Committee notes that this inspection includes measuring the office space of the agency, posting the no-placement fee prohibition for household service workers and examining the work contracts of all workers placed by the agency. The Committee reiterates its request that the Government provide information on the measures adopted or envisaged to give effect to Article 17(2) and (3) of the Convention.

Article 6 of the Convention. Workers’ freedom to dispose of their wages. Further to its previous request on the need to ensure that remittances by overseas workers were made on a purely voluntary basis, the Committee notes that in its report the Government states that Filipino migrant workers have discretion as to how to use their salary and that the Government simply provides a mechanism to make it easier for them should they wish to remit a portion of their salary to their families in the Philippines. At the same time, the Committee notes that section 22 of the Labor Code provides that it shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families in the country in accordance with rules and regulations prescribed by the Secretary of Labor. It further notes that, according to sections 2 and 3 of Rule XIII of Book I of the Omnibus Rules implementing the Labor Code, the amount of foreign exchange remittances shall be a minimum of 70 per cent of the overseas workers’ basic salary in the case of construction and sea-based workers, and a minimum of 50 per cent in the case of other workers. Having duly noted the Government’s statement that remittances were made on a voluntary basis, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the national legislation does not impose mandatory remittances on Filipino migrant workers.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the Government’s reports as well as the additional information submitted in June, July and September 2019. The Committee further notes that the 2016 amendments to the Annexes of the Convention entered into force for the Philippines on 8 June 2017. It recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303. The Committee notes with interest the Government’s indication that it has launched, in 2019, the issuance of a new SID in accordance with the amended version of the Convention. It further notes that the Government submitted a specimen of the new SID. The Committee requests the Government to address the issues raised below and to provide information on any developments regarding the implementation of the Convention.

Article 1 of the Convention. Scope of application. The Committee notes the adoption of the MARINA Memorandum Circular No. MD–2019–01 published on 10 January 2019 on rules and regulations on the issuance of seafarers’ record books (SRB) and seafarers’ identity documents (SIDs) to implement Convention No. 185. The Committee further notes that this Circular applies to “all Filipino seafarers on board commercial vessels and fishing vessels of 35GT and 50GT above, respectively” (Part IV(2)). The Committee recalls that for the purpose of the Convention, seafarer means any person who is employed or is engaged or works in any capacity on board a vessel regardless of its tonnage, other than a ship of war, ordinarily engaged in maritime navigation. The Committee requests the Government to clarify the reason for the above limitation of tonnage.

Article 4. National electronic database. The Committee notes the Government’s information that any electronic verification and automated responses of the SID must have authorization in the form of User ID and password from the focal permanent point in order to grant access and validate a Filipino seafarer identification data on the National Electronic Database (NEDB), which is available on 24/7 easy access. The security procedure will ensure that any information on seafarers will be released to authorized persons only. While noting these elements, the Committee requests the Government to provide detailed information on how it gives effect to the provisions of Article 4 and Annex II, as amended in 2016.

Article 5. Quality control and evaluation. The Committee notes with interest the Government’s indication that it will shortly carry out the independent evaluation of its system, including quality control procedures, as required by the Convention, in order to be included in the list of Members which fully meet the minimum requirements. The Committee requests the Government to provide information on the results of the independent evaluation.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. Noting the absence of information on this point, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Comments adopted by the CEACR: Philippines

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Civil liberties and trade union rights

Legislative issues

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C151 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C185 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Philippines

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Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Civil liberties and trade union rights

Legislative issues

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C151 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C185 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)