Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. With regard to the application of the Anti-Sexual Harassment Act No. 7877, the Committee notes Department Order No. 57, series of 2004, on the Guidelines Implementing the Labor Standards Framework Towards Voluntary Compliance with Labor Standards in all establishments, workplaces and worksites, which is part of the self-policing mechanisms under the new inspection framework. It asks the Government to provide a copy of the Order and to indicate the number of enterprises that have adopted a self-policing mechanism, including on sexual harassment, and whether this has positively impacted on the prevention and monitoring of sexual harassment in the workplace. Further with regard to the application of RA 7877, the Committee encourages the Government to continue to monitor the implementation of the Act together with the social partners and to supply information on the results achieved by the labour inspection services since the inclusions of indicators of sexual harassment in the Statistical Performance and Reporting System (SPRS) form. Please also keep the Committee informed of any amendments to the Act.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from statistics collected by the Department of Labor and Employment (DOLE) that in January 2004 women continue to be predominantly employed as labourers and unskilled workers and mostly concentrated in the wholesale and retail trade (29.5 per cent) followed by agriculture (21.5 per cent), manufacturing (11.5 per cent) and private households (11.2 per cent). Further to its observation, the Committee asks the Government to provide the requested information on the application in practice of the Women in Development and National Building Act (RA 7192) and the specific activities undertaken by the National Economic and Development Agency (NEDA), with the assistance of the National Commission on the Role of Filipino Women, to improve women’s participation and integration in the economy. This should particularly include any measures taken to address male preference in the labour market and the prevalence of women in low-income and low-skilled jobs in the private sector.

3. National policy with regard to religion and national extraction (indigenous peoples). The Committee notes the extensive information provided by the Government on the 12-milestone agenda of the National Commission on Indigenous Peoples (NCIP), established under Indigenous Peoples’ Rights Act No. 8371 of 1997. It asks the Government to supply information on the concrete activities implemented under this plan, in particular those promoting equality of opportunity and treatment of the men and women belonging to indigenous peoples in employment, occupation and training, as well as an indication by means of statistics or otherwise of the results achieved. Further referring to its previous comments, the Committee notes the Government’s statement that it will provide a copy of Bill No. 456 aimed at ensuring equal employment opportunities to Muslims and tribal Filipinos once it is adopted. It hopes that the Government will soon be in a position to confirm adoption of the Bill and provide information on its practical application.

4. Failure to provide information requested. The Committee notes that the Government has once again failed to reply to a number of points raised in its previous direct request. It trusts that the Government will this time make every effort to provide in its next report information, including statistics, on the following points:

(a)  Article 3(d). Application in the public service. Information on the practical application of specific provisions on non-discrimination and equal opportunities of men and women under the Merit Promotion Plan (MPP) and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of equal opportunities for men and women at third-level positions in the civil service.

(b)  Information on the application in practice, and the results achieved, of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. Please also supply the requested statistical data disaggregated by sex, religion and national extraction, if possible, on workers’ participation in the public service.

(c)  Part III of the report form. Enforcement. Indicate the likelihood that Bill No. 119, which has been pending in Parliament for a number of years and which provides for a comprehensive enforcement machinery of non-discrimination against women, will be adopted.