Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Sexual harassment. The Committee noted previously that an intensive inspection strategy (LSEF–BLITZ) was ongoing to monitor compliance with core labour standards, social welfare benefits and occupational safety and health. The Committee notes the Government’s indication, however, that this has not addressed sexual harassment, in particular the implementation of the Anti-Sexual Harassment Act (Republic Act No. 7877) of 1995. The Committee notes further from the Government’s report that in 2009, the labour inspection service conducted inspections based on complaints received, and there were no complaints of sexual harassment made. The Committee recalls that the absence of complaints could indicate a lack of awareness of the legal provisions, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. Noting the absence of information in the Government’s report on the measures taken to raise awareness, develop workplace policies and procedures, train managers and offer counselling to victims of sexual harassment, the Committee urges the Government to provide specific information in this regard. The Committee also asks the Government to take steps to ensure effective enforcement of the Anti-Sexual Harassment Act, including extending the intensive inspection strategy to cover sexual harassment, and enhancing the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases. Please also provide information on any judicial or administrative decisions addressing sexual harassment, including the remedies provided and sanctions imposed.

Discrimination on the basis of sex (night work). The Committee notes the Government’s statement that there has been no amendment to article 130 of the Labour Code concerning night work. The Committee also notes that section 12 of the Magna Carta of Women (Republic Act No. 9710), which came into force in 2009, provides that the State will review and amend or repeal existing laws that are discriminatory to women within three years of the coming into force of the Act. In the context of the upcoming review of laws that may be discriminatory to women, the Committee hopes that the Government will take steps to review section 130 of the Labour Code with a view to eliminating discrimination against women that may exist in access to employment. Please provide specific information of the measures taken in this respect.

Equality of opportunity and treatment between men and women. The Committee has been raising concerns for a number of years regarding occupational segregation, with women being concentrated in low-skill and low‑income jobs. It had also noted the need identified in the National Plan of Action for Decent Work, 2005–07, to provide greater protection for domestic workers, many of whom are women. The Committee notes that, in reply, the Government refers generally to the enactment of the Magna Carta of Women. The Committee asks the Government to provide specific information on the measures taken or envisaged, pursuant to the implementation of the Magna Carta of Women, to address occupational sex segregation, and promote women’s access to a wider range of jobs, in particular higher paying jobs and those with career prospects. Please also indicate the specific measures taken and the results achieved to protect the rights of domestic workers, including from discrimination.

Access to vocational training. The Committee notes that approximately 92 per cent of women graduated from the Women’s Centre of the Technical Education and Skills Development Authority (TESDA) in 2009, especially in programmes such as housekeeping, food and beverage services, and household services. It also notes that Pangulong Gloria Scholarships have been provided by the TESDA, particularly for occupations in the business process outsourcing industry, metals and engineering, and construction. Noting that women are concentrated in vocational training leading to traditionally female jobs, the Committee asks the Government to take measures to promote the enrolment of women in a wider range of courses, including those leading to higher paying jobs and career opportunities. Please provide statistical data, disaggregated by sex, on trainees attending TESDA’s programmes, and graduates who found employment after attending such programmes. The Committee also asks the Government to provide information on the number of women who benefited from the Pangulong Gloria Scholarships, and in which occupations. Please also provide information on how TESDA is promoting equality of opportunity and treatment with respect to the other grounds set out in Article 1(1)(a) of the Convention, namely race, colour, religion, national extraction, social origin and political opinion.

National policy with respect to indigenous peoples. The Committee notes with regret that the Government’s report contains no information in reply to the Committee’s previous comments on discrimination against indigenous peoples. The Committee also notes the concerns raised by the United Nations Committee on Economic, Social and Cultural Rights (E/C.12/PHL/CO/4, 1 December 2008, paragraph 16) and by the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/PHL/CO/20, 23 September 2009, paragraph 22) regarding activities affecting the right of indigenous peoples to their ancestral domains, lands and natural resources, as recognized in the 1997 Indigenous Peoples Rights Act (IPRA). CERD also raises concerns regarding the unduly burdensome process for claiming collective land titles (paragraph 23). The Committee urges the Government to provide full particulars on the following:

(i)    the measures taken or envisaged, including through the implementation of the relevant provisions of IPRA, to protect indigenous peoples against discrimination with respect to wage employment and non-wage livelihood activities, as well as in education and training, and to address the various forms of prejudice and intolerance they experience;

(ii)   the measures taken to implement the 12 milestone agenda of the National Commission on Indigenous Peoples, and the results achieved; and

(iii)  any measures taken to ensure that indigenous peoples have access to land and resources to allow them to engage in their traditional occupations.