Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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

Autre commentaire sur C029

Observation

Demande directe

2013
2012
2010
2008

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2016

Afficher en : Francais - EspagnolTout voir

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted that the Inter-Agency Council Against Trafficking (IACAT) was responsible for the implementation of the Anti-Trafficking in Persons Act (No. 9208 of 2003). It requested information on the proceedings instituted under Act No. 9208 and a copy of the latest report of the IACAT.

The Committee notes the information in a report from the International Trade Union Confederation (ITUC) entitled “Internationally recognized core labour standards in Philippines” of 20 and 22 March 2012 (ITUC report) that men, women and children are trafficked inside and outside the Philippines for the purpose of prostitution, involuntary domestic service and forced labour in industries, manufacturing, fisheries, agriculture and construction. This report indicates that while the Government has dedicated funds for the establishment of special anti-trafficking agents and provided training for judicial officials and law enforcers, a lack of understanding of trafficking and the anti-trafficking legislation among many judges, prosecutors, social service workers, and law enforcement officials remains an impediment to successful prosecutions.

The Committee welcomes the information in the report of the IACAT (submitted with the Government’s report) that between 2003 and 2011 there has been a total of 1,056 cases relating to trafficking in persons: 784 cases have been filed in court and 272 cases are pending with the Department of Justice. Of the cases filed in court, there have been 56 convictions, involving 62 traffickers. The Committee also notes the Government’s indication that the first conviction for trafficking for the purpose of forced labour was in February 2011, and the trafficker was sentenced to 20 years imprisonment and a fine of 1,000,000 pesos (PHP) (approximately US$23,620). Moreover, the IACAT report indicates that, with the support of the ILO, the Department of Justice is finalizing the manual on the prosecution and investigation of trafficking in persons for forced labour. The IACAT report further indicates that 20 prosecutors of the Department of Justice have been designated to handle cases of trafficking in persons, and that the Department issued two circulars in 2010 directing all prosecutors to prioritize trafficking in persons cases, in order to fast-track the resolution of cases and increase the rate of convictions. In addition, this report indicates that the IACAT has established eight anti-trafficking task forces, headed by a prosecutor of the Department of Justice. These task forces conduct surveillance and monitoring in coordination with local enforcement agencies, and take measures to intercept, arrest and investigate traffickers. The IACAT report indicates that these task forces have conducted four rescue operations in Manila and Pasay, intercepted and assisted 375 possible victims of trafficking at the Ninoy Aquino International Airport, and rescued 268 women (and subsequently charged six persons) in Angeles City.

The Committee notes the information in the compilation report prepared by the Office of the High Commissioner of Human Rights for the Universal Periodic Review of 30 March 2012, that the Committee on Economic, Social and Cultural Rights, the UN Country Team in the Philippines and UNICEF each expressed concern at the large number of women and children who continued to be trafficked for the purposes of sexual exploitation and forced labour (A/HRC/WG.6/13/PHL/2, paragraph 25). Therefore, while taking due note of the measures implemented, the Committee requests the Government to pursue its efforts to combat trafficking in persons, and to ensure that thorough investigations and robust prosecutions are carried out against perpetrators of this offence. It requests the Government to continue to provide information on measures taken by the IACAT, and on the results achieved, particularly with regard to the number of investigations, prosecutions, convictions and the penalties applied.

2. Complicity of law enforcement officials with human traffickers. The Committee notes the indication in the ITUC report that the police are often complicit with traffickers and that some establishments where trafficking activities are taking place are not targeted by the police for controls and investigations. This report states that some police officers receive bribes to allow traffickers to escape during raids or to warn traffickers before a raid. The ITUC report states that, although some officers have been suspended, there have been no convictions of officers for complicity in trafficking activities.

In this regard, the Committee notes the information in the IACAT report that the Government has taken several measures to minimize trafficking-related corruption. For example, this report indicates that administrative cases were brought against 20 immigration officers at the Diosdado Macapagal International Airport, which led to two criminal cases for trafficking and corruption, and one criminal case against an agent of the National Bureau of Investigation. Additionally, the IACAT report indicates that an immigration officer at the Mactan-Cebu International Airport was dismissed due to complicity with traffickers and that two administrative cases were brought against employees at the Ninoy Aquino International Airport. The Committee expresses concern at allegations of complicity of government officials with human traffickers and urges the Government to strengthen its efforts to combat this phenomenon. It requests the Government to take the necessary measures to ensure that governmental officials complicit with human traffickers are prosecuted and that sufficiently effective and dissuasive criminal penalties are imposed in practice. It requests the Government to continue to provide information on measures taken in this regard, in its next report.

Articles 1(1) and 2(1). 1. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee notes the indication in the ITUC report that a great proportion of the 2 million Filipinos working abroad are female domestic workers in Asia and the Middle East, who frequently experience abuses including unpaid wages, food deprivation, forced confinement in the workplace, and physical and sexual abuse. The ITUC report states that traffickers often present themselves as recruiters and use fraudulent recruitment practices, hiring fees, use of violence, withholding of travel documents and salaries, psychological intimidation and other practices, to force their victims into work. Moreover, the ITUC report indicates that prosecutors have difficulty in distinguishing labour trafficking crimes from labour contract violations and that some judges erroneously claim that the use of force is a necessary element in processing a case as a trafficking case, when in reality the abuse of victims’ vulnerability is a more common problem.

In this regard, the Committee notes the information in the IACAT report that the Philippines Overseas Employment Administration conducts anti-illegal recruitment and trafficking in persons seminars throughout the country, as well as pre-departure orientation seminars for departing overseas Filipino workers. The Government indicated that 659 pre-departure seminars were conducted in 2009, and 841 such sessions in 2010. The IACAT report also indicates that advocacy campaigns have been implemented on the risks of migration and on the issue of trafficking.

The Committee notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations of 22 May 2009, expressed concern that, despite the Government’s efforts to protect the rights of Filipino migrant workers abroad, abuse and exploitation continue, especially of women migrants. The CMW also expressed concern at claims that private recruitment agencies continue to overcharge fees for their services and act as intermediaries for foreign recruiters, which may increase the vulnerability of migrants. The CMW further expressed concern about the significant number of Filipino workers abroad who are victims of trafficking (CMW/C/PHL/CO/1, paragraph 31). The Committee therefore requests the Government to strengthen its efforts to protect vulnerable migrant workers from becoming victims of forced labour, including measures to address the exploitative practices of private recruitment agencies. The Committee requests the Government to continue to provide information on the measures taken to prevent the exploitation of migrant workers in situations analogous to forced labour, as well as on the results achieved. It further requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies and to provide relevant training to prosecutors and judges in this regard.

2. Freedom of career members of the armed forces to leave the service. The Committee previously requested information on the provisions applicable to career members of the regular forces regarding their right to leave the service, at their own request.

The Committee notes the Government’s statement that Presidential Decree No. 1638, as amended by Presidential Decree No. 1650, provides for a system of retirement for military personnel of the armed forces of the Philippines. The Committee notes that section 16 of Presidential Decree No. 1638 states that an officer may resign his commission and shall be separated from the service upon acceptance by the President of such resignation. The Committee therefore observes that, pursuant to section 16 of this Decree, the resignation of officers may be rejected. In this regard, the Committee recalls that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee expresses the hope that measures will be taken to ensure that career members of the armed forces will enjoy fully the right to leave their service in peacetime at their own request, within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. The Committee requests the Government to provide available information on the application in practice of section 16 of Presidential Decree No. 1638, particularly the number of applications to resign that have been accepted or refused and information on the grounds for refusal.

Article 2(2)(a). Compulsory military service laws. The Committee previously noted the Government’s indication that the Philippines does not have compulsory military service. However, the Committee noted that, pursuant to sections 3 and 51 of the National Defence Act, military service is compulsory for all citizens of the Philippines. The Committee also noted that, under sections 3 and 7 of Republic Act No. 7077 (the Act providing for the organization, administration, training, maintenance and utilization of the citizen armed force of the armed forces of the Philippines), the mission of the citizen armed force includes assisting in socio-economic development, in addition to safeguarding the security of the State. Under section 33 of Act No. 7077, male citizens between 18 and 35 years of age shall be called to training and active service for a period of up to 24 months, divided into a training period of not more than six months and an active service period of not more than 18 months. Failure of reservists to respond to the call to compulsory training or service shall be punishable by imprisonment for a term of not more than 12 months (section 68).

The Committee notes the Government’s statement that the Philippine Constitution of 1987 supersedes sections 3 and 51 of the National Defense Act. In this regard, the Committee notes that article 2, section 4, of the Constitution states that all citizens may be required, under conditions provided by law, to render personal, military or civil service. The Committee therefore observes that Philippine legislation permits compulsory recruitment. Moreover, the Committee notes the Government’s indication that the socio-economic development projects of the armed forces of the Philippines include poverty reduction and infrastructure projects, including the construction of school buildings, health centres, roads, multi-purpose buildings, bridges, electrification and water systems.

In this regard, the Committee reminds the Government that under Article 2(2)(a) of the Convention, work or service exacted in virtue of compulsory military service laws may be excluded from the scope of the Convention only if performed for purely military ends. The Committee therefore requests the Government to take the necessary measures to ensure that services exacted through compulsory recruitment are used for purely military ends, in law and practice. It requests the Government to provide information on measures taken in this regard to ensure conformity with the Convention.

Article 2(2)(c). Prison labour. The Committee previously noted that, under section 1727 of the revised Administrative Code, convicted prisoners may be compelled to work in and about prisons. The Committee requested the Government to provide a copy of the Bureau of Corrections manual (Chapter 2 “Prison labour”, sections 1–9).

The Committee notes that Chapter 2, section 2, of the Bureau of Corrections manual states that a convicted able-bodied inmate may be required to work at least eight hours a day (except on Sundays and holidays), in and about the prison, public buildings, grounds, roads and other public works of the national Government. The Committee also notes that section 9 of Chapter 2 states that work programmes shall be conducted in prisons to promote good work habits and self-esteem among work inmates, and not as a means to exploit cheap prison labour or as a punishment. The Committee further notes the Government statement that the Bureau of Corrections is conducting continuous and close monitoring of inmates to ensure that their rights and welfare are protected and that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies or associations. In this regard, the Committee observes that prison work permitted by Chapter 2, section 2, of the Bureau of Corrections manual appears to be carried out within the prison or under public supervision for governmental projects.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that the Penal Code provisions prohibiting slavery (section 272), services rendered under compulsion in payment of debts (section 274) and grave coercion (which includes, inter alia, compelling a person by means of violence or intimidation to do something against his/her will) (section 286) provide for penalties of imprisonment and fines. It requested information on proceedings instituted in this regard, and copies of relevant court decisions indicating the penalties imposed.

The Committee notes the Supreme Court decision of December 2009 provided with the Government’s report, concerning grave coercion, but observes that this case relates to forcible eviction from a leased premise, and not forced or compulsory labour. The Committee requests the Government to provide information, in its future reports, on any investigations, prosecutions, convictions and penalties applied related to sections 272, 274 and 286 of the Penal Code.