as well as the evolving practice of the Committee in relation the application of the
Convention, as reflected in various issuances including concluding observations, general
comments and statements. The Convention text alongside the guidelines for reporting sets
the stage for both government and non-government duty holders in ensuring substantive
submissions to the treaty body.
General Comments
(GC)
The CMW, on per need basis, issues General Comments to provide greater understanding
of the ‘normative content’ of the rights contained in the Convention. Simply stated, the
normative content of rights is the norm (or prescribed action, behaviour) by which
government is expected to demonstrate its obligations to human rights. General Comments
also elaborate on the scope of specific and related rights. It also elaborates the meaning of
the language used and the spirit of the Convention provisions. Since its entry into force in
July 2003, the CMW has issued two General Comments thus far –the first one, GC Number
1 on migrant domestic workers and GC number 2 on migrant workers in irregular status.
These GCs are meant to clarify and elaborate the application of the Convention provisions
as they apply to migrant domestic workers and those in irregular status.
List of Issues Prior to
Reporting (LOIPR)
The list of issues prior to reporting was adopted by the Committee at its sixteenth session,
in accordance with the new optional procedure adopted by the Committee at its fourteenth
session, which consists in the preparation and adoption of lists of issues to be transmitted
to States parties prior to the submission of their respective periodic report. The replies to
the LOIPR will be considered as the State party’s periodic report under article 73 of the
Convention.
Philippine
Government’s
Replies to the LOIPR
(2nd Periodic Report
of the Philippines)
Per the new optional procedure, the replies of the State party to the LOIPR is considered the
State Party’s second periodic report to the CMW. The new procedure shortens and simplifies
the procedure. It is also focused in terms of issues to be addressed vis a vis the Convention
provisions. Prior to the adoption of an LOIPR, CMW issues a call to interested stakeholders
to submit possible list of issues (LOI) for the CMW consideration. The Committee receives
and studies all submissions; and proceeds to draft and put together the LOIPR.
Information from
Civil Society
Organizations
and CHRP
Apart from engagement with States Parties, it has been an established procedure for UN
treaty bodies like the CMW to invite involvement and engagement of CSOs and NHRIs.
The Committee encourages submission of additional information from CSOs and NHRIs
to enable the Committee members to have a broader and holistic perspective on the issues
at hand. This space for engagement is an opportunity for CHR to assist and collaborate with
CSOs in the consultation processes as well as in the preparation of the shadow or parallel
reports.
These submissions were prepared by the Commission’s Government Linkages Office, a
recently created office which undertakes cooperation as a mode of engagement with the
Executive, Legislative and Judiciary in respect of the Commission’s mandate to monitor
government compliance with human rights treaty obligations, particularly of its treaty
process obligations; the harmonization of domestic laws in accordance with the standards
and principles set by Core International Human Rights Instruments; monitoring of
Philippine jurisprudence that affirms the provisions of core human rights treaties in
domestic application; and advising the executive on the implementation of state obligations
to respect, protect and fulfil human rights.
For the two periodic reporting cycles for the Philippines, written reports from CSOs and
the NHRI were received by the Committee. On the two occasions also, direct CSO
engagement with the members of the Committee, both formally and informally, were
undertaken in Geneva.