The Committee recommends that the State party intensify its efforts to regularize the situation of persons working in the
informal economy, by ensuring that adequate protection is provided by the existing labour and welfare legislation.
21. The Committee notes with concern that, despite efforts undertaken by the State party, overseas Filipino workers (OFWs)
continue to face discriminatory treatment and abuses in many countries of destination. It notes in particular that women migrant
workers, especially those employed as domestic workers, nurses and care-givers, often become victims of psychological abuse,
physical and sexual violence and slavery-like working conditions.
The Committee is also concerned that OFWs, in particular those with an irregular status, encounter obstacles in obtaining legal
protection and redress in cases of discriminatory treatment and abuse at the workplace. (arts. 6, 7 and 10)
The Committee recommends that the State party implement effective policies to protect the rights of overseas Filipino
workers (OFWs), inter alia, by
(a) Improving existing services, such as counselling and medical assistance, provided by the Office for the Legal
Assistance for Migrant Workers Affairs and diplomatic missions in countries of destination;
(b) Concluding and invoking bilateral agreements with those countries of destination where discriminatory treatment and
abuse are more frequent; and
(c) Providing legal and consular assistance to its nationals seeking justice in case of discriminatory treatment and abuse
at the workplace, including rape and sexual violence against women migrant workers, and ensuring that reports are
investigated by competent authorities of the countries of destination.
22. The Committee is concerned that the low levels of minimum wages, particularly in the agricultural sector, are insufficient to
provide an adequate standard of living for workers and their families. The Committee is also concerned that the minimum wage
legislation does not apply in some important sectors, including government employment and export-oriented and labour-intensive
manufacturing, and that its enforcement is made difficult especially by the shortage of labour inspectors. (arts. 7 and 11)
The Committee recommends that the State party take all appropriate measures to ensure that the minimum wages fixed
by the Regional Tripartite Wages and Productivity Boards provide workers with an adequate standard of living for
themselves and their families, in accordance with article 7, paragraph (a) (ii) of the Covenant. The Committee also
recommends that the State party extend the applicability of the minimum wage legislation to those sectors where it does
not apply, and intensify its efforts to enforce legal minimum wages through increased labour inspections and fines or
other appropriate sanctions for employers who fail to comply with the minimum wage legislation.
23. The Committee notes with concern that inspections of workplaces for promoting compliance with the occupational health and
safety legislation are infrequent and ineffective. It also notes that the self-assessment mechanism introduced by the 2004 Labour
Standards Enforcement Framework (Department Order No. 57-04) for establishments with more than 200 workers risks
undermining the effective realization of the right to safe and healthy working conditions provided for in article 7, paragraph (b) of the
Covenant. (art. 7, para. (b))
The Committee recommends that the State party provide sufficient human and financial resources to the Department of
Labour and Employment (DOLE) to enable regular and independent inspections aimed at ensuring compliance with the
occupational health and safety legislation. It also recommends that the State party monitor closely the implementation of
the 2004 Labour Standards Enforcement Framework so as to ensure that the application of the self-assessment
mechanism
does not undermine the effective realization of the right to safe and healthy working conditions in establishments with
more than 200 workers.
24. The Committee notes with concern the absence of legislation on divorce. (art. 10)
The Committee recommends that the State party adopt legislation recognizing the right of men and women to divorce, to
obtain the legal severance of marital ties and to remarry after divorce.
25. The Committee, while welcoming the fact that the Act Redefining Rape as a Crime against Persons of 1997 (Republic Act No.
8353) redefines and expands the crime of rape and recognizes marital rape, is concerned that the subsequent forgiveness of the wife,
as the injured party, extinguishes the criminal liability of the husband. (art. 10)
The Committee recommends that the State party strengthen the protection afforded by the Act Redefining Rape as a
Crime against Persons to women victims of marital rape by repealing the possibility that the criminal liability of the
husband be extinguished by the subsequent forgiveness of the wife.
26. The Committee notes with concern that, notwithstanding the various legislative, administrative and policy measures adopted by
the State party to combat trafficking, a high number of women and children continue to be trafficked from, through and within the
country for purposes of sexual exploitation and forced labour. The Committee is particularly concerned about the low number of
prosecutions and convictions of traffickers. (art. 10)