Resolution Concurring in the Ratification of Convention 189, Convention Concerning Decent Work for Domestic Workers

August 6, 2012

SENATE RESOLUTION NO. 115-12

RESOLUTION CONCURRING IN THE RATIFICATION OF CONVENTION 189, CONVENTION CONCERNING DECENT WORK FOR DOMESTIC WORKERS

WHEREAS, the Constitution, Article VII, Section 21, states that, "No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate"; ECaTAI

WHEREAS, ILO Convention 189, Convention Concerning Decent Work for Domestic Workers, was adopted by the General Conference of the International Labor Organization on 16 June 2011 in Geneva, Switzerland;

WHEREAS, domestic workers make a vital contribution to the functioning of households, the labor market, and the economy;

WHEREAS, current estimates indicate that there are 1.93 million domestic workers in the country, while the number of Filipino domestic workers deployed to various countries, in 2010 alone, reached more than 100,000;

WHEREAS, domestic workers are particularly vulnerable to discrimination and other human rights abuses;

WHEREAS, the Convention, which applies to all domestic workers, sets the standards for decent work for domestic workers and guarantees minimum labor protections to them on par with workers in the formal economy;

WHEREAS, domestic workers have basic rights that need to be recognized and respected through the adoption of laws, policies and measures that will enable them to exercise such rights, including the following:

a. freedom of association and the right to collective bargaining;

b. the elimination of all forms of forced or compulsory labor;

c. the effective abolition of child labor;

d. the elimination of discrimination in respect of employment and occupation;

e. protection against all forms of abuse, harassment, and violence; and SAHIDc

f. fair terms of employment and decent living conditions.

WHEREAS, the Convention provides various means by which states may promote the rights and protect domestic workers, including the areas of elimination of child labor, right to information on terms and conditions of employment, fair treatment on working hours, remuneration, occupational safety and health, social security, and protection of particular groups of domestic works, and protection of domestic workers from abusive practices of private employment agencies, among others;

WHEREAS, social dialogue is promoted by the Convention as a means of designing and effectively implementing policies and measures that will protect the rights of domestic workers, including through consultations with the most representative employers' and workers' organizations, collective agreements, and other measures consistent with national practice;

WHEREAS, under Article 21 thereof, the Convention shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General of the International Labour Office; thereafter, the Convention shall come into force for any Member twelve (12) months after the date on which its ratification is registered;

WHEREAS, the President of the Philippines ratified the Convention on the 18th of May 2012 and has accordingly submitted it to the Senate for concurrence in accordance with the Constitution;

WHEREAS, in the hearing conducted by the Senate Committee on Foreign Relations on 14 June 2012, the following government agencies and nongovernment organizations endorsed the concurrence in the ratification of Convention 189:

1. Department of Foreign Affairs (DFA);

2. Department of Justice (DOJ); TcEDHa

3. Department of Labor and Employment (DOLE);

4. Philippine Overseas Employment Administration (POEA);

5. Commission on Filipino Overseas (CFO);

6. Philippine Migrants Rights Watch (PMRW);

7. Visayan Forum Foundation, Inc.;

8. Samahan at Ugnayan ng mga Manggagawang Pantahanan sa Pilipinas (SUMAPI); and

9. Blas F. Ople Policy Center and Training Institute:

Now, therefore, be it

Resolved, That the Senate of the Philippines concur, as it hereby concurs, in the ratification of Convention 189, Convention Concerning Decent Work for Domestic Workers.

Adopted,

(SGD.) JUAN PONCE ENRILEPresident of the Senate

This Resolution was adopted by the Senate on August 6, 2012.

(SGD.) EMMA LIRIO-REYESSecretary of the Senate