Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 29) sur le travail forcé, 1930 - Philippines (Ratification: 2005)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework. In response to its previous comments, the Committee notes the Government’s information in its report that the Inter-Agency Council Against Trafficking (IACAT) and the Department of Social Workers Development (DSWD) have been implementing the National Strategic Action Plan (NSAP) 2017–2021, and a total of 141 activities out of the 257 planned were successfully completed. Within the framework of this NSAP: (i) initiatives to formulate policies and programmes addressing emerging trends in trafficking in persons were undertaken; (ii) social welfare and protective care services for victims of trafficking were enhanced; (iii) a Justice Coordination System Mechanism (JCSM) in partnership with the Office of the Court Administrator, to enhance monitoring and adjudication of trafficking cases, was established; (iv) consultation workshops with stakeholders from various sectors, which allowed flexibility and adaptability in the implementation of the NSAP, were conducted; and (v) a Memorandum of Understanding was signed between the IACAT and the International Justice Mission (IJM) to codevelop a comprehensive, harmonized and quality data collection system and an analysis of data on trafficking in persons. The Committee also notes the Government’s indication that the Fourth NSAP 2023–2027 which aims to effectively design, plan, implement, monitor and evaluate anti-trafficking interventions in the four key result areas including, prevention and advocacy, protection and reintegration, prosecution and law enforcement, and partnerships, was launched on 18 April 2023.

The Government further indicates that several anti-trafficking in persons awareness-raising programmes were carried out and an anti-trafficking hotline, IACAT 1343 Actionline, to receive and immediately respond to requests for assistance, inquiries and referrals for victims of trafficking was set up. In 2020, IACAT 1343 Actionline received 55 reports of trafficking in persons, involving 31 victims. The Committee also notes from the 2020 Accomplishment Report of the IACAT that, as of December 2020, 70 per cent of the 81 provinces, 88 per cent of the 145 cities and 83 per cent of the 1,489 municipalities of the country had established the respective Committees on Anti-Trafficking and Violence against Women.

Furthermore, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2023, while commending the State party’s efforts to strengthen its legal and policy framework to combat trafficking in persons, expressed concern that the State party remains a source, destination and transit country for trafficking in persons, in particular women and girls, for purposes of sexual exploitation and labour exploitation. CEDAW was particularly concerned at the limited progress in addressing the root causes of trafficking within the State party, including poverty and lack of economic opportunities, in particular in rural and remote areas (CEDAW/C/PHL/CO/9). The Committee welcomes the continued strengthening of the institutional framework to combat trafficking in persons, and requests the Government to continue to take the necessary measures to combat trafficking in persons both for labour and sexual exploitation, particularly of women and girls, including by effectively implementing the four key areas under the National Strategic Action Plan, 2023–2027. It requests the Government to continue to provide information on the measures taken in this regard, as well as on any assessment of the results achieved, the difficulties encountered and the measures taken as a result. The Committee lastly requests the Government to provide information on the role played by the provincial, city and municipal Committees on Anti-trafficking and Violence against Women in combating trafficking in persons, particularly in rural and remote areas.

2. Law enforcement measures and penalties. The Committee notes the Government’s information in its report that the Anti-Trafficking in Persons Act No. 9208 of 2003 has been amended by the Expanded Anti-Trafficking in Persons Republic Act No. 11862 of 2022 (RA 11862) with the aim of combating trafficking more effectively and ensuring enhanced protection to victims of trafficking. The Committee notes that under RA 11862 the “internet intermediaries” and the “financial intermediaries” that allow their internet infrastructure, services or applications to be used for promoting trafficking in persons, as well as producing, printing, and issuing or distributing unissued, tampered or fake passports and birth certificates are considered acts that promote trafficking in persons (section 5); and offences of trafficking in persons committed by or through the use of information and communications technology or any computer system are classified as Qualified Trafficking in Persons (section 6). Moreover, according to section 8, the law enforcement agencies are mandated to immediately initiate an investigation and counter-trafficking intelligence within ten days upon receipt of any statements, reports, affidavits or any information concerning any possible violations under this Act. The Government also indicates that the IACAT endorsed the revised Act No. 11862, which serves as a comprehensive guide to the practical application of the aforementioned statute, clarifying procedural aspects and establishing standardized practices.

The Committee also notes the Government’s information that the Secretary of Justice issued Department Order No. 075 in February 2023, directing the National Bureau of Investigation (NBI) to coordinate with the IACAT for case build-up and investigations, and Department Circular No. 20 in March 2023, providing directives and guidelines to prosecutors to take an active role for stronger case build-up, in close cooperation with the complainants and/or law enforcement agencies. Moreover, the Philippine Judicial Academy (PHILJA) and Australia-Asia Program to Combat Trafficking in Persons (AAPTIP), in coordination with the IACAT conducted a series of focus group discussions with the judiciary, with the aim of providing a deeper understanding of the international and domestic legal framework, and increase their competencies in the prosecution, adjudication and revision of cases related to trafficking in persons.

With regard to the statistical information provided by the Government on the cases of trafficking in persons brought before the courts, the Committee notes that from 2005 to 2023, 4,666 cases of trafficking in persons were filed, of which 1,235 cases were decided by the courts with 878 convictions and 357 acquittals. The Government also indicates that a total of 2,084 victims of trafficking, including 1,298 minors, were involved in the above cases. The Government further indicates that the national police conducted 329 anti-trafficking in persons operations in 2021, and 300 cases were filed before the Prosecutor’s Office; and the Anti-Human Trafficking Divisions conducted 16 anti-trafficking operations and investigated 145 cases, of which 87 were closed and 5 were filed for prosecution. The Committee observes that no information has been provided on the penalties imposed for the offences related to trafficking in persons. The Committee requests the Government to pursue its efforts to ensure that all identified cases of trafficking be subject to in-depth investigations with a view to prosecution, and to allow for the imposition of sufficiently dissuasive penalties for persons engaged in trafficking. It also requests the Government to continue to provide information on the activities carried out by the IACAT, including on its collaboration with other law enforcement bodies, and on the number of investigations and prosecutions carried out in cases of trafficking for the purpose of labour or sexual exploitation, and on the number of convictions handed down and penalties imposed.

3. Complicity of law enforcement officials in trafficking activities. In response to its previous comments, the Committee notes the Government’s information regarding the approval by the IACAT, on 24 April 2023, of the Guidelines on the Investigation, Reporting and Monitoring of Trafficking in Persons Cases Facilitated by Corruption (Anti-Corruption Guidelines), which will aid all national government agencies, local government units, law enforcement agencies and non-governmental organizations in the investigation, reporting and monitoring of corruption-related trafficking in persons cases. These Guidelines aim to hold corrupt public officials and employees accountable for their participation, directly or indirectly, in the crime of trafficking in persons. The Government also indicates that in order to curb the involvement of officials in trafficking in persons, the Bureau of Immigration undertook several immediate interventions such as: (i) issuing show cause orders against immigration officers; (ii) reassigning and transferring immigration officers involved in trafficking of persons; (iii) implementing system-based counter assignments which eliminated human intervention in the assignment of duties to immigration officials; and (iv) coordinating and re-establishing the IACAT Task Forces in all international airports. The Committee further notes from the Government’s report that from 2020 to 2023, eight Government officials, including a Baranguay Captain, a Staff Sergeant, a Mayor, four police officers and a teacher were convicted for offences related to trafficking in persons. In addition, a total of 233 administrative investigations into the possible involvement of immigration officials in trafficking in persons are pending before the Bureau of Immigration. The Committee requests the Government to continue to take proactive measures to ensure that investigations are duly conducted in cases of corruption and complicity of law enforcement officials, and that appropriate penalties are imposed. The Committee requests the Government to continue to provide detailed information on the measures implemented for this purpose, and updated information on the number of cases registered and prosecuted, as well as the penalties imposed.

4. Protection and assistance to victims. Following its previous comments, the Committee notes the Government’s information that from 2022 to the first semester of 2023, a total of 3,192 victims of trafficking benefited from the Recovery and Reintegration Program for Trafficked Persons (RRPTP), through the provision of psychosocial, medical, legal and other support services. It notes that since the implementation of the RRPTP, a total of 17,848 victims of trafficking have been assisted, 21 per cent of whom were minors. In addition, 322 victims were provided temporary shelter in residential care facilities. The Government indicates that a new facility, Tahanan ng Inyong Pag-asa (TIP) Center was established in December 2020, which serves as a temporary shelter for rescued victims of trafficking. The TIP Center assisted 482 potential victims of trafficking, of whom 83 were minors. From 2020 to 2021, the IACAT Operations Center (OpCen) provided witness location and security assistance to 135 witnesses (17 minors) to testify in Court, and provided transportation and security assistance to 242 trafficked victims, 81 of whom were minors, and ensured their attendance at case conference or trial. The Government further indicates that in 2023 the RRPTP had funds allocated to assist victims of trafficking who are returning or returned home; families and relatives of the victims of trafficking; witnesses of cases of trafficking in persons; and communities with an incidence of trafficking. The Committee requests the Government to continue to take the necessary measures to ensure that appropriate protection and assistance are provided to victims of trafficking, including measures to ensure early identification and referral of victims of trafficking. It requests the Government to continue to provide information in this regard, including on procedures aimed at allocating funds for assistance to victims, and to indicate the manner in which these resources are used. Lastly, it requests the Government to continue to provide statistical information on the number of victims of trafficking who have been identified and assisted, as well as those who have benefited from RRPTP services.

Articles 1(1) and 2(1). Vulnerable situation of migrant workers with regard to the exaction of forced labour. Following its previous comments, the Committee notes the Government’s information that, pursuant to the adoption of the Republic Act No. 11641 of 2021, the Department of Migrant Workers (DMW) was established to strengthen and streamline the delivery of services to migrant workers, and to address both their long-standing and emerging concerns throughout the full cycle of migration, from pre-employment up to their return and reintegration. The DMW offers services, such as: (i) protection against illegal recruitment and trafficking; (ii) a digitalization programme that aims to shorten the cycle time of frontline services; (iii) negotiation of bilateral agreements; (iv) engagement with stakeholders, both domestic and foreign; (v) conducting of advanced, strategic and up-to-date studies and research on global migration and development trends; (vi) the National Reintegration Programme; and (vii) One-Repatriation Command Center (ORCC), a centralized system to respond to requests for intervention and repatriation of overseas Filipino workers (OFWs). The Government also indicates that the DMW took over the operation of the OFW Hospital in January 2023 and has provided medical services to more than 11,000 patients. The OFW Help Hotline, which provides assistance all day every day of the week for all migrant workers, has been made available by the Philippine Foreign Service Posts, the Department of Foreign Affairs and the Office of the Undersecretary for Migrant Workers Affairs (DFA-OUMWA).

The Government also indicates that the 2015 Guidelines on Departure Formalities for International-bound Filipino passengers were revised in June 2023, thereby strengthening passenger screening procedures at the country’s ports of exit. Accordingly, a total of 30,043 passengers were referred to the Travel Control Enforcement Unit of the Bureau of Immigration for secondary inspection, and 39 per cent of them were denied permission to depart due to fake travel documents or being tagged as tourist workers. The Government further indicates that it has concluded bilateral agreements on recruitment and labour protection with several countries including, the Russian Federation, Canada, Taiwan, Trinidad and Tobago, and the Republic of Korea.

The Committee notes that CEDAW, in its concluding observations of 2023, expressed concern that a significant number of women OFWs are exploited in domestic work and prostitution. Moreover, the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW), in its concluding observations of 2023, expressed concern at the persistently high number of complaints made by OFWs, and disproportionately, by women domestic migrant workers in Gulf States, on issues related to non-payment of wages or illegal deductions, insufficient food and rest periods, allegations of physical, psychological and verbal abuse, including sexual abuse, and extreme violence that has even led to death (CMW/C/PHL/CO/3). The Committee requests the Government to strengthen its efforts to protect migrant workers, including overseas women workers against abusive practices and to ensure that they are not placed in a position of accrued vulnerability to forced labour through the implementation of the various measures initiated by the Government and the DMW for the protection of migrant workers. It requests the Government to continue providing information on the measures taken in this regard, including information on international cooperation efforts undertaken to protect and support migrant workers in transit and destination countries, and the results achieved in terms of the number of migrant workers who have been prevented from entering into and withdrawn from forced labour situations and assisted. Lastly, it requests the Government to provide information on the number of complaints or reports received by the DMW on behalf of migrant workers who are victims of abusive practices, as well as the number of violations detected and sanctions imposed.