Professional Documents
Culture Documents
Honourable Robyn Layton AO,QC Adjunct Professor School of Law University of South Australia ADB Consultant
The views expressed in this paper are the views of the authors and do not necessarily reflect the views or policies of the Asian Development Bank ADB), or its Board of Governors, or the governments they represent. ADB does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequence of their use. The countries listed in this paper do not imply any view on ADB's part as to sovereignty or independent status or necessarily conform to ADB's terminology.
Outline of presentation
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1. Importance of a legislative framework for employment 2. Philippines legislation overview 3. Promoting access to womens employment 4. Limiting constraints to womens employment 5. Improving womens work conditions
Agribusiness
1. Introduction and background 2. Basic data about agriculture 3. Agricultural issues 4. Major crops and agricultural product advantages 5. Role of women in agriculture and agribusiness 6. Women working in rice 7. Women working in vegetables 8. Programmes which help Filipino women
Part A - Review of Philippines Law and comparison with global good legal practice
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1. Importance of a legislative framework for employment 2. Philippines legislation overview 3. Promoting access to womens employment 4. Limiting constraints to womens employment 5. Improving womens work conditions
Facilitates productive and collective employment relationships Provides a framework for employers, workers and their representatives
protection Labor Code Art 3 Chapter 1 Republic Acts 6725, 7192, 7877and 8551
Republic Act 9870 (2008) Unique good practice legislation
with overall framework to protect and support women Chapter III, S 8 human rights of women; S5 State is the primary duty bearer, S 22 right to decent work
Legislation is supportive of the rights of women and the duty of the State to
progressively realise and ensure creation of jobs and decent work for women discrimination.
Provides for special measures to redress the effects of past and present
Magna Carta is a mix of recognition of specific rights as well as provisions which are
important mission statements recognising the needs and supports required for women (including work life)
implement and enforce them. (S41 Implementing Rules and Regulations, report by agencies and LGUs on implementation of the Act 180 days from adoption, thereafter annual reports.
Part A - Review of Philippines Law and comparison with global good legal practice
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EMPLOYMENT AND RECRUITMENT SERVICES OUTSOURCING AND SHORT TERM CONTRACT PUBLIC CONTRACTS AGRARIAN REFORM D I S C R I M I N AT I O N G E N D E R WAG E G AP S O C I A L S U P P O R T S , E G PA R E N TA L L E AV E SOCIAL DIALOGUE E F F E C T I V E U N I O N I S AT I O N C O N T R A C T S TA N D A R D S F O R D E C E N T W O R K L A B O R I N S P E C T O R AT E
Issue
Employment and recruitment services, public and private Improve operation of public and private employment agencies to promote information to workers and employers of market opportunities and promote employment opportunities which are non discriminatory Special measures for women Private Labor Code Chapter II Art 25 Public RA 8759 PESO Project Jobsfit DOLE 2020 vision
Issue
Outsourcing and short term contracts Work increasingly precarious Using multiple contracts >5 months duration for work not intermittent or seasonal to avoid payment of benefits. Women vulnerable and also subject of discrimination. Outsourcing through cabos and contractors which are ambiguous relationships. Workers treated as sub-contractors to avoid payment of benefits. Department Order No 18-A outsourcing, subcontracting, including multiple short term contracts.
Issue
Public contracts Opportunity for Government to ensure that all public contracts and contractors comply with decent work conditions including nondiscrimination provisions Opportunity for special measures to target employment of women Opportunity for Government to improve contract standards in private market in major employment sectors, by developing guidelines on appropriate decent work standards
public contracts ILO Labour Clauses (Public Contracts) Convention (No 94) and Recommendation (No 84). Labour clauses, which set minimum standards, ensure fair wages and work conditions are required for government contracts and consequently prevent substandard employment conditions. Good practices example is Finlands Public Procurement Act
Issue
Ownership of property by women Important for self employment and economic independence eg obtaining credit and control Comprehensive Agrarian Reform Law 1988 (RA 6657) right of women to own land. Good legislation but slow implementation and still men own more land or in both names with the man listed first Civil Code (Family code) Art 124 in case of disagreement in the administration of property the husbands decision prevails. Land
International standards on ownership of land by women and its relationship to finance and credit are set out in Articles 13 to 16 of Convention on the Elimination of All forms of Discrimination against Women
Issue
Discrimination Basically good legislation Issue is lack of implementation
Need for better information and education at all levels commencing with schools, unions, guidelines for employers, internet sites etc Need for effective simple complaint mechanisms particularly for poor women. Easy procedures with use of mediation and access to legal assistance. Effective monitoring by labor inspectors and assessment of effectiveness Sexual harassment in employment RA 7877 (1995) as above
Articles 2 and 26; ICESCR, Articles 2(2), 3, 6 and 7; and CEDAW. Modification of procedures applied in the hearing of discrimination related legal cases. Reverse burden of proof. Good practice examples, Guatemalas Labour Code of 1967; Hungarys Labour Code; and, Guyanas Prevention of Discrimination Act
Issue
Gender wage gap Women paid less for the same work or work of equal value Legislation does not conform with Covenant or ILO convention.
(Labor Code Art 135(a) and 1990 Rules implementing RA 6725) defines work of Equal value is work which is identical or substantially identical or in RA 6758 substantially equal work.
setting process
Salary Standardization Law establishing Minimum Wages an the Wage Rationalization Act RA 6727 Regional Tripartite Wages and Productivity Boards. Orders which provide for relevant factors to not require consideration of gender (or youth )
Issue
Social supports for parents Discriminates against unmarried parents Not encouraging sharing the child care burden
Paternity Leave Act (RA 8187) 7 days full pay to the married men for the first 4 deliveries. Not available for unmarried fathers. Maternity leave RA 7322 full pay to married women who give birth , allowances and benefits for 60 days. Not available to unmarried women
Conventions (183); Workers with Family Responsibilities Convention, 1981 (No. 156) and Recommendation (No. 165). Parental leave is common in industrialised economies but is rare in developing countries. Good practice examples for paternity leave Icelands Act on Maternity/Paternity and Parental Leave; and, the Labor Law of Mongolia.
Issue
Social dialogue Need to strengthen social dialogue unionisation weak and fragmented o strengthen the rights of workers in the informal economy
to self organise and bargain (Art 243)
Womens voices largely not heard Inappropriate limitations on collective bargaining which can particularly affect women
Registration of a union so that it is given the legal right to bargain (with other rights), requires a minimum of 20% of the bargaining unit (Labor Code Art 234(c) and 242) Right to strike requires approval of a majority of total union membership in the bargaining unit (Labor Code Art 263(f)) of
Issue
Social protection for informal workers
Social security schemes cover only 31% total employed and marginalises the larger portion in informal, less permanent and vulnerable occupations (DOLE PLEP 2011 2016). Need comprehensive strategy. Domestic workers, (also microentrepreneurs, unpaid family workers) excluded from labor standards protection including minimum wages and leave benefits Social Security Act of 1997 RA 8282 not complied with or enforced
sector that is comparable to the formal sector create a level playing field. Extending social insurance and social security protection. ILO promotes a comprehensive social security strategy - allows flexibility in member states to progressively implement appropriate schemes, having regard to the comparative levels of development. ILO Convention 189 on Domestic Workers.
Concluding remarks
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Issue
Labor Code is essentially sound but
requires a review to ensure it does not restrict the creation of work Balance flexibility with appropriate measure of job security, with decent work conditions for all workers. Deficiency in implementation and enforcement of decent work conditions as provided for in legislation. Labor inspectorate requires strengthening
inspectorate is crucial for ensuring that labor standards are effectively monitored, assessed and enforced.
(CEACRs General Survey of the reports concerning the Labour Inspection Convention, 1947 (No. 81) 2006
Budget Training Monitoring and assessment, particularly of gender discrimination in vulnerable occupations
properly implemented Ratifying ILO Conventions on Homeworkers No 177; Maternity Protection No 183 Domestic Workers No 189.
1. Introduction and background 2. Basic data about agriculture 3. Agricultural issues 4. Major crops and agricultural product advantages 5. Role of women in agriculture and agribusiness 6. Women working in rice 7. Women working in vegetables 8. Programmes which help Filipino women
Highly important sector Employment of women Reducing poverty in rural areas Food security Increases household income to sustain themselves and families Case study illustrates importance of womens engagement in the rice and vegetable industry Importance of cooperatives, value chains, and micro-financing Complex at all levels Global context long term and short term Macro and micro level Environmental concerns Food security and export Selecting agricultural product advantages Infrastructure Employment and out-migration from rural communities
by PDP 2004-2010))
Trending down and 2010 was lowest at 16.8% GDP and growth rate negative (-o.5%) Growth primarily in fisheries industry partly due to expansion of aquaculture and
commodities Sub-sector contribution to growth 2004-2010 (Table 2 annexed) Decline in all sub-sectors save for other crops which refers to vegetables has shown an average increase of 0.16% and at 2010 an increase to 0.4% Rice a major crop shows negative growth at 2010 (0.5%) Vegetables have lesser volume and hectarage than rice but have better returns per hectare than rice
Export and import balances 2004-2010 (Table 3 annexed) Exports in agriculture rose from the US$2.5 bn to US$4.1 bn In 2010 earnings were US$4.1 billion which was 30.67% higher compared to 2009 (SSA BAS (2011)) Top value agricultural exports were coconut oil, fresh banana, pineapple, tobacco, and seaweeds. Imports also rose from US $3.3bn to US $7.3bn
In 2010 agricultural imports were 20.58 % higher than in 2009. (SSA BAS
(2011))
Trade balance overall was negative US$3.2bn over the period notable deficits in agricultural products in 2010 were cereal and cereal
preparations (which includes rice and corn) The favourable trade balance in agricultural products, were particularly in vegetables and fruits (US$633.9 million) and fish and fish preparations (US$497 million)
Employment figures 2006 -2010(Table 4 annexed) Overall employment in major sectors has slowly increased to 36 million in 2010
Employment in the agricultural sector, declined in the period 2008 to 2010 so
that at 2010 there were 10.5 million An estimated 1 to 3 million people are unemployed or underemployed in rural areas. (AVRDC 2008 p29 quoting NEDA (2007b) Employment of women 2006 - 2010 (Table 4 annexed) Total women employed in all major sectors was 14 million in 2010 Agricultural sector was the second highest sector of womens employment. In 2010, almost 3 million women were employed in the agricultural sector, which is less than one third of total of 10.5 million Employment of women in agriculture relative to men increased over the period 2006 to 2010 .
Agricultural issues
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Poverty levels Income poverty has increased between 2003-2009 14.34 million women live in poor households and 10.4 million live in rural areas. Out-migration effects on rural women About 4% (1.5 million) persons are OFW; women are more that half (54.5%)
Men most likely move to services and factories Women mostly domestic workers and care-givers
Main reasons for leaving are higher pay, social security benefits, low profitability of
farms and lack of infrastructure Remittances amount to almost 60% of household total income. Effects on rural women who remain on land as de facto head of household are:
Increased role in all aspects of farming production and marketing and also decision making Need for appropriate agricultural extension services, including information on improvements, technologies, value products, capital and credit access, marketing and value chains, and leadership skills
Food security
General background Agricultural farms comprise 32% of the total land area The top four crops are coconut (3.33 million ha), rice (2.47 million ha), corn (1.35 million ha), and sugarcane (0.36 million ha). Pressure for alternative land-use activities including crops for bio fuel. Between 2005 - 2010, over 1.83 million ha developed for agribusiness; generating about 2.67 million jobs. (Table 5 annexed) Decline in land productivity; affecting the yields of the four major crops (coconut, rice, corn and sugarcane) in comparison four Southeast Asian countries competing for those products: (Indonesia, Malaysia, Thailand and Vietnam). Philippines is the only agricultural net importer amongst the competitive Southeast Asian countries. Major products of the Philippines having comparative advantages against the same product in total world exports are coconut, banana, mango and pineapple, but also include dried fruit, fresh fruit and fresh vegetables. Philippines share and value of the agricultural products to total products is among the lowest in the comparable competitive countries.
Rice
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Global consumption expected to rise from 441 mmt in 2010 to 450mmt in 2020
before declining to 360 mmt in 2050. Reasons being rapid income growth in Asia, rural migration to urban and changes in diet towards meat and vegetables. Philippines Between 2004 to 2010, domestic rice production met only 84.71% of the country's annual rice requirements. Rice harvest for 2010 was 6.62 (mmt) and the current demand is 10.1 mmt for a population of around 94 million in the Philippines in 2011, which is projected to grow by about 2 million per year. In 2010, Philippines was the biggest rice importing country in the world with a high of 2.45 mmt Department of Agriculture Agri-Pinoy program and reinforced by the current Secretary, who stated that there will no longer be rice importation by 2013. Philippines needs to increase the production of paddy rice by 7.5% in 2011, 10% in 2012 and another 10% in 2013 in order to achieve the 2013 target of self-sufficiency in rice production. Opportunities for increased employment generally and in particular women Niche rice production potential for organic rice.
Vegetables
26
Global likely increase in demand for vegetables with increase in income and dietary
changes. Philippines Table 2 illustrates the increasing growth of vegetables since 2004
Vegetable (mt) 1000 Eggplant Tomato Squash Onions 1995 130.7 155.8 117.3 * 2005 187.8 173.7 272.5 91.1 2009 200.9 198.9 * 127.1 2010 208.2 204.3 * 135.4 Est 2015 226.9 163.8 + 516.2 113.7+
Source combination AVRDC (2008) and BAS 2010 modified by author *presently incomplete + estimate already exceeded
real commitment from government to promote vegetable sector which includes infrastructure and information Innovative approaches and cooperative models for accessing land need to be more widely used and household and village/school production promoted Taking advantage of the rise and spread of supermarkets
livestock raising.
Women cultivate kitchen gardens and subsistence crops, mainly root vegetables.
Women and men have distinct but not necessarily rigid tasks and responsibilities
changed in favour of women. This in part is due to increasing availability of micro loans and also out-migration from rural communities.
High participation in planting, weeding, input and fertiliser application, drying and sacking. Highly involved in the hiring of workers and storing of seeds for future planting. Scope of influence cover decisions relating to budget allocation for farm input expenses and productive activities. Access to formal credit lower than men. Women often go to private moneylenders who were also traders in the rice market. Women rice farmers were small owner-cultivators, tenants or farm workers. Most of the land titles of land in the name of the male spouses, despite the fact that women play in the rice value chain. On average, women farmers accounted for less than a third of the total beneficiaries of government programs.
Role of women depends on the nature of the size of land, the nature and volume of
crop and the region or place Preparation of the land for farming such as ploughing and irrigation was mostly done by males . Sowing was equally shared by both and included children. Hired help involved men and women on tasks such as weeding and manuring. Women more involved in marketing the vegetables. Men were more likely to have access to credit than women in dealing with bank loans and other sources of agricultural funding Women were more involved in the household budget and allocation of family money.
30
Work with women in rural communities and include local governments and national
of financial products and services which provide a comprehensive financial safety net for the poorest in the Negros Occidental province. 122,000 members and growing.
Supported projects include fish vending, backyard vegetable production, pig raising,
rice and sugarcane farming, coconut and peanut farming as well as other animal/poultry based activities
Micro-crop Loan which helps the credit needs of agrarian reform beneficiaries to
Concluding observations
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General
Rural women require immediate
Particular
Work with women where they live
assistance, as well as medium and long term sustainable solutions Presently fragmented approach with pockets of success What is missing is an overarching cross-cutting framework for women in agriculture which includes specific strategies to encourage and support women working in the agricultural sector so that it combines national and regional and local strategies in an organised and cohesive manner in the communities.
using proved successful programmes Mapping of present employment of women in rural areas -focus on the poorest regions and communities. Improve collection of sex disaggregated data Identify advantage products, clustered in a region or locality and provide women with information skill development, with supports across the value chain PCW to have overall responsibility for assessment and monitoring
34
Index to Tables
35
Table 1 Agriculture and Fishery (with forestry) Performance and Contribution to
Economy 2004-2010
Source: BAS, NSCB, 2011 taken from Table 4.1 in the Philippine Development Plan 2011-2016 p 102 Note: Revised growth target for 2008 and 2009 based on August 2008 DBCC Meeting
Table 3 Value of Philippine Agriculture Exports and Imports: 2004 and 2010 (in
million $US)
Source: BAS, 2011 taken from Table 4.3 in the Philippine Development Plan 2011-2016 p 104 Note: *2010 figures are preliminary
Table 1 - Agriculture and Fishery (with Forestry) Performance and Contribution to Economy (by %): 2004-2010
36
AFF Sector MTPDP Target Actual Growth Agri Gross Value Added (in Php M) % share to GDP Agri Employment (in '000 persons) % share to total employment 2004 4.0 - 5.0 5.2 226,417 2005 4.2-4.5 2 230,954 2006 4.2 - 5.2 3.8 239,777 2007 4.0 - 5.0 4.9 251,495 2008 4.3 - 5.2 3.1 259,410 2009 5.1 - 6.2 0.01 259,424 2010 5.2 - 6.2 -0.5 258,081 Average 4.4 - 5.4 2.6 246,508
19.6 11,381
19.1 11,628
18.8 11,682
18.4 11,785
18.3 12,030
18.1 12,043
16.8 11,974
18.4 11,789
36
36
35.8
35.1
35.3
34.3
33.2
35.1
Table 2 - Contribution of Sub-Sectors in Agriculture and Fishery Growth: 2004-2010 (% contribution to growth)
37
Sector Palay Corn Coconut Sugarcane Banana Other crops Livestock Poultry Agricultural Activities Fishery 2004 1.3 1 0 0.2 0.1 0.1 -0.1 0.5 0.2 1.9 2005 0.1 -0.2 0.1 -0.2 0.3 0.2 0.3 0 0.1 1.3 2006 0.8 1 0 0.2 0.2 -0.02 0.3 0 0.2 1.3 2007 1 0.7 0 -0.2 0.3 1.3 0.3 0 0.2 1.6 2008 0.6 0.2 0.1 0.5 0.5 -0.3 -0.1 0.5 0.1 1.3 2009 -0.5 0.1 0.1 -0.2 0.1 -0.4 0.1 0.2 0.1 0.6 2010 -0.5 -0.6 0 -0.4 0 0.4 0.2 0.4 -0.1 0.4 Average 0.4 0.31 -0.02 -0.02 0.22 0.16 0.13 0.22 0.11 1.21
Table 3 - Value of Philippine Agricultural Exports and Imports: 2004 and 2010 (in million $US)
38
Item 2004 Export Meat and Meat Preparations 4.3 Import 150.9 Trade balance -146.5 2010* Export 39.4 Import 381.6 Trade Balance -342.3
75.1
413.4 44.5 783.4 102.3 14.1 36.1 581.3 452.1 2,506.70
482.5
37 659.2 102.9 70.2 90 31.9 71 1,647.70 3,343.50
-407.4
376.4 -614.7 680.5 32.1 -75.9 4.1 510.2 -1,195.60 -836.8
142.1
633.8 98.5 916.6 105.1 13 55.9 1,269.80 823.6 4,097.60
743.7
136.8 2,446.30 282.7 369.5 237.6 24.2 39.1 2,669.60 7,331.20
-601.6
497 -2,347.80 633.9 -264.4 -224.7 31.7 1,230.70 -1,846.00 -3,233.60
Refer to hand-out.
DA
812,096
1,334,678
335,948
479,747
295,524
436,677
30,408
52,767
1,473,9 76
2,303,869
DAR
247,493
237,387
19,579
27,492
31,605
41,981
2,106
2,106
300,783
308,966
DENR
8,759
8,759
1,967
1,967
50,024
50,024
60,750
60,750
TOTAL
1,068,348
1,580,824
357,494
509,206
377,153
528,682
32,513
54,873
1,835,5 08
2,673,585