Worst Forms of Child Labour Convention, 1999 (No. 182) - Philippines (Ratification: 2000)

Individual Case (CAS) - Discussion: 2006, Publication: 95th ILC session (2006)

A Government representative stated that the Government was making all efforts to comply with the Committee of Experts' requests and would provide information in a subsequent report. He could not deny that there existed a child labour problem in the Philippines, but the Government had always affirmed the principles of the Convention and the country had a strong rights-based system. He was pleased that this was recognized by the Committee of Experts. The Government supported the time-bound programme, signed in 2002, which was a priority concern. The IPEC project aimed at meeting national goals of a 75 per cent reduction in child labour by 2015. The strategic components featured direct action in six target groups in six regions. The institutional framework was in place at both national and regional level and a total of over 10,000 child workers would be withdrawn and educated. As regarded child soldiers, there was a Government task force at national level and the strategy was based on putting the children into education. Three hundred children would benefit. The action plan was being implemented by the Department of Labor and Education. With respect to actions taken, the speaker mentioned the fact that over 2,000 children had been rescued and rehabilitated and that seven criminal cases were being pursued for trafficking. In 2004-05, 100,000 children in tobacco agriculture had received assistance and had been put into school. Their parents were also receiving financial and other assistance. The social partners were also supportive on the elimination of child labour and had helped rescue 1,500 children from domestic labour and 1,200 children from trafficking. Employers' organizations had enhanced their corporate social responsibility programmes and produced documentation on best practices. Trade unions were working to deepen their involvement. The speaker recognized the need for more concrete programmes, but the scale of the problem required outside support. The Philippines would continue to chip away at the problem until it was solved.

The Worker members stated that the Philippines had a major child labour problem. The Government had enacted legislation that helped achieving conformity with the Convention and some progress had also been made in eliminating child labour in practice. The Philippines trade union movement and the Visayan Forum made important contributions in this regard. An agreement had been reached at the National Domestic Workers Summit on an agenda to address child domestic labour while the birth of a new trade union of domestic workers demonstrated the importance of self-organization of informal economy workers for the struggle against child labour. Several trade unions were carrying out action programmes to eliminate child labour. The present case had three key elements: (1) sale and trafficking of children, including for domestic work and sexual exploitation; (2) compulsory recruitment of children for use in armed conflict, and (3) hazardous work of domestic child labourers. The Worker members regretted that the observation did not provide any information on child labour in mining and quarrying, production of fireworks, deep-sea fishing or work on sugar plantations, activities included in the Memorandum of Understanding with the ILO. One of the problems in measuring progress in eliminating child labour was that no recent statistics on its prevalence were available. In addition, the available data concerning enrolment rates in primary and secondary school was inconsistent. In respect of sale and trafficking of children, the Worker members were concerned that the still pervasive view among parents that child domestic work was safe for children was making them easy prey for traffickers. They also indicated that a large number of victims of trafficking who had been promised domestic work were forced into prostitution and subjected to debt bondage. Two United Nations human rights treaty bodies had expressed profound concern about weak law enforcement, the lack of preventive measures and the lack of measures to assist and support victims. The Committee of Experts had requested the Government to redouble its efforts to address these problems and to provide detailed information on any action taken. As far as the use of children in armed conflict was concerned, the Worker members saluted the Government for banning the recruitment of children under the age of 18 into the State's armed forces. Other countries, including some major industrial countries, should follow this example. However, non-state actors were still recruiting children. According to Government estimates, some 10,000 alone were in the New People's Army, others were part of the Moro Islamic Liberation Front. Despite the focus of the United Nations Development Assistance Framework (UNDAF) on children in armed conflict, only one action programme involving 300 children had been implemented. Further information, as requested by the Committee of Experts, was urgently required.

The Worker members noted that the Government remained responsible for preventing and ending forced recruitment of children into illegal armed groups, in accordance with its international obligations. The Government had a direct influence on government-aligned paramilitary groups, and should oblige them to end this practice. As peace was a prerequisite for a solution, the Worker members hoped for further progress in the peace talks. Turning to the issues of child domestic work, the Worker members noted that the Government's 1999 Order on this subject indicated certain types of hazardous work - long hours, work at night, confinement to the employer's premises, as described in Recommendation No. 190 - should be prohibited for children under the age of 18. These types of hazardous work described well most child domestic service. There was incoherence in banning work with those characteristics for all under 18 and, at the same time, allowing domestic service for children over 15, so long as they received elementary education. Education was a blessing, but full-time work and education were incompatible. Moreover, education per se did not make hazardous work safe. There were at least 1 million child labourers in the Philippines, 5 per cent of the country's entire school-aged child population. Almost all child domestic labourers were girls. It was therefore fortunate that the discussion of the Global Report on child labour had led to a consensus that tackling domestic service of girls should become a key priority for IPEC and the ILO constituents. The Worker members called for extensive coverage of labour inspection to bring hidden child labour to light and regretted that the Committee of Expert's observation did not offer any information about the activities of the labour inspectorate in the Philippines, or measures to strengthen it. It was further necessary to integrate the struggle against child labour into national economic and social policy, guided by tripartite consultation. The lack of legal provision remained a major concern. For instance, existing provisions included definitions of service, which included ministering to the personal comfort and convenience to the employer's household. New legislation which was in compliance with the Convention needed to be adopted and effectively implemented. Finally, the Worker members concurred with the Committee of Expert's requests for clear and comprehensive information on the implementation and effect of the measures taken to address all these matters.

The Employer members were pleased that the Government had provided further information on the measures taken to apply the Convention. They highlighted the strong international consensus on the eradication of the worst forms of child labour, which was a daunting task. They were encouraged by the latest Global Report on child labour which found that overall some progress had been made in this regard. Numerous legal provisions had been enacted by the Philippines to prohibit sale and trafficking of children under 18 years of age for labour or sexual exploitation. Nevertheless, the Employer members expressed concern that child trafficking for domestic work and sexual exploitation continued to occur in practice and stressed that Convention No. 182 required immediate and effective measures to be taken to eliminate all worst forms of child labour. While initiatives such as the Visayan Forum and efforts by the social partners were welcome, the Government had to continue to take measures against child trafficking, as long as the problem existed. The Employer members called on the Government to ensure that the provisions of the Convention were applied in practice and, in this regard, to provide further information on the measures taken to ensure anti-trafficking legislation was enforced and on the sanctions for the offences provided for in the law. They recognized that the national legislation prohibited the recruitment of children under the age of 18 years into the armed forces and other armed groups, as well as the recruitment, transportation or adoption of a child to engage in armed activities. However, children continued to be used in armed conflict by government-aligned paramilitary groups and opposition forces. They noted the programmes carried out with the assistance of ILO/IPEC, but insisted that the Government should provide full information to the Committee of Experts regarding the current state of the use of children in armed conflict and any progress made in eliminating this serious problem.

The Worker member of the Philippines observed that the Committee of Experts' 2005 observation took note of several measures taken by the Government to apply the Convention. Legislation outlawing the trafficking of children for labour and sexual exploitation had been passed, a detailed list of hazardous work that children under the age of 18 were prohibited from performing had been drafted, and the Government had also cooperated with the social partners and other stakeholders to address child labour in several sectors, including mining. However, the worst forms of child labour still persisted. Children continued to perform hazardous work in mines, on plantations, and in deep-sea fishing. The steps taken so far were insufficient to fully eliminate these worst forms of child labour, especially in the light of the magnitude of the problem and the Government's limited resources. The speaker member recalled that the underlying cause of child labour was poverty. It was, therefore, necessary to also address the problem by generating decent jobs and alternative means of livelihood for the parents of child labourers. The unions would continue to offer assistance in joint efforts to remove children from the worst forms of child labour.

The Government member of Sweden, speaking also on behalf of the Government members of Denmark, Finland, Iceland and Norway, expressed concern about the continued trafficking of women and children, both within the country and across its borders. She recognized that legislative measures had been taken and that the Committee had today been assured of the determination of the Government to eliminate the trafficking. Still, she shared the concern expressed by the UN Human Rights Commission that these measures were still insufficient and requested the Government to redouble its efforts and take further immediate measures, in particular for domestic workers and with respect to commercial sexual exploitation, and also to provide detailed information on progress made. She further noted that numerous children continued to be recruited to take part in armed conflicts and urged the Government to adopt concrete and effective measures to put an end to such practices and to provide detailed information in this respect.

The Worker member of Indonesia stated that the main cause of child labour was not only poverty but also that many people, especially among the rural poor, thought that work was an integral part of a child's development, and he asked the Government to address this issue. He further stated that the majority of child labour occurred in agriculture in rural areas where access to education was very limited. He noted that child labour used in conditions of bonded labour in the sugar industry of the Negros region had been increasing on the average by 4 per cent every year , and that children employed as domestic workers could be found in three out of ten households in the Philippines. In other words, 3 million households had children working for them. The speaker advocated the adoption of a holistic approach to combat child labour through providing educational incentives, for instance of a financial nature, to allow families to be less dependent on their children for income. He concluded by asking the Government to provide more detailed information on measures adopted and the results obtained, in collaboration with the social partners, in order to eliminate the worst forms of child labour.

The Employer member of the Philippines acknowledged that the legislation in place had strengthened the overall framework for addressing child labour and was fully supported by the tripartite partners, a fact which was reflected in their cooperation, collaboration and networking to combat the problem. He noted that child labour was both a cause and an effect of poverty, the high population growth which led to high unemployment, the Government's inability to provide basic services to all, such as education and health services, and the inability of parents to provide their families with basic needs. This resulted in under-skilled and unqualified human resources, which affected the country's economic development. The speaker stated that for the past years awareness-raising activities had been carried out through numerous programmes and projects, including specific guidelines for a child labour-free and child-friendly business environment and pilot small-scale interventions in different industries, such as the sugar industry, mining and quarrying, pyrotechnics, and the hotel and restaurant industry, with a "return-to-school" scheme. He concluded that these measures were certainly modest, but assured that the employers of the Philippines were committed to pursuing, together with the social partners, the combat against child labour.

The Government representative reiterated that more detailed information would be provided and noted the multiple issues which needed to be addressed, such as an evaluation of results obtained from adopted measures, and the dissemination of information, including the applicable legislation. He stated that child labour was symbolic of the struggle faced by many developing countries. His country would seek technical assistance in its efforts to eradiate child labour.

The Worker members believed that both the Government and the trade unions had made serious efforts to apply Convention No. 182. Yet more needed to be done to prohibit and eradicate child labour and to bring law into line with the Convention. It was not poverty alone or simply that that was a cause of child labour, but rather decent work deficits and social injustice. There were also important gender, human rights and other dimensions as well. Moreover, other poor countries, such as some federal states in India, had managed to effectively address child labour problems. Even the poorest parents were willing to send their children to school rather than work if school was free. The Government should seek technical assistance. It should also raise awareness on the problems of street children rather than criminalizing them. Finally, they asked for a more detailed report than the one submitted this year, which was poor in detail. Chipping away at the problem was not enough. The Convention required coherent and urgent action.

The Employer members stated that eradicating child labour was a very complex matter and commended both the Government and the social partners for their collaboration. They encouraged the Government to particularly address the issues of trafficking and the use of child labour in armed conflict and to continue the close collaboration with the social partners in this respect. Finally, they urged the Government to provide detailed information on results obtained in eliminating child labour and the full implementation of the Convention.

The Committee noted the information provided by the Government representative and the discussion that ensued. The Committee noted the information contained in the report of the Committee of Experts relating to the sale and trafficking of children under 18, for purposes of economic and sexual exploitation, both within the country and across its borders, the use of children in armed conflict, and the use of children in hazardous domestic work.

In this regard, the Government pointed out that it was implementing the Convention through various measures and action programmes with the full participation of the social partners, including the adoption of a time-bound programme (TBP) with ILO/IPEC that was ongoing. The Committee took note of the information provided by the Government representative highlighting that the worst forms of child labour were the result of poverty, exclusion and underdevelopment. The Committee further noted that the Government had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance and cooperation of the ILO.

The Committee noted that, although various legal provisions prohibited the trafficking of children for labour or sexual exploitation, it remained an issue of concern in practice. The Committee accordingly called on the Government to redouble its efforts and take without delay the necessary measures to eliminate the trafficking of children under 18, in particular for domestic work or commercial sexual exploitation, and asked it to provide information in its next report to the Committee of Experts on progress made in this regard.

The Committee stressed that the compulsory recruitment of children for use in armed conflict constituted one of the worst forms of child labour and that the Government was obliged to take, by virtue of Article 1 of the Convention, immediate and effective measures to secure the prohibition and the elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requested the Government to indicate the effective and time-bound measures taken for the removal, rehabilitation and social integration of children under 18 involved in armed conflict.

Finally, the Committee noted with concern the economic and sexual exploitation which continued to be experienced by a large number of child domestic workers. The Committee accordingly requested the Government to indicate the measures taken in law and in practice to ensure that work performed in the domestic sector was prohibited for children under 18 years where it was hazardous work within the meaning of the Convention.

The Committee urged the Government to provide, in its next report to the Committee of Experts, more detailed and accurate information on the worst forms of child labour in the Philippines. The report should include, inter alia, the following: copies of or extracts from official documents, including inspection reports; accurate figures for school enrolment and completion; and information on the nature, extent and trends of the worst forms of child labour - including in all sectors covered by the Memorandum of Understanding with ILO/IPEC, in particular, accurate statistics on child domestic labour. Furthermore, the Committee requested the Government to supply detailed information on the measures to ensure the effective implementation and enforcement of the provisions giving effect to Convention No. 182. That information should include data on infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee notes the Government’s indication, in its report, that it continues to implement the Alternative Learning System (ALS) Act, which aims to provide adequate, timely and quality attention and support for the basic learning needs of out-of-school children and adults, including indigenous peoples, children living with disabilities and those disengaged from armed groups, so they can complete their basic education. The Committee further notes the Basic Education Development Plan 2022–30, designed to be transformative, and which seeks to address the root causes of the problems on quality education, close the access gaps and sustain and enhance relevant programmes. Among the Priority Development Areas set out in the Basic Education Development Plan, the Committee notes the following: (1) improving the quality of education for all students; and (2) expanding access to education for groups in situations of disadvantage to ensure inclusive and equitable quality service delivery.

The Committee notes, from the UNICEF’s statistics of 2022, that the most recent available statistics on education are from 2017 and show an adjusted net attendance rate of 94 per cent for children of primary school age and 74 per cent for children of lower secondary school age. The Committee further notes, from the concluding observations of the United Nations Committee on the Rights of the Child (CRC): (1) the lack of access to quality education at all levels for children with disabilities, children belonging to indigenous groups, children from economically disadvantaged families, children in street situations and children living with HIV; (2) that 9 per cent of children, particularly girls, are out of school, including owing to marriage, pregnancy, disability, disinterest or high costs of education; and (3) the shortage of trained teachers, school materials and supplies, inadequate infrastructure and lack of transport, especially in rural and remote areas, and the impact thereof on the quality of education (CRC/C/PHL/CO/5-6, 26 October 2022, paragraph 34). Recalling that education is key in preventing children from becoming engaged in the worst forms of child labour, the Committee encourages the Government to continue taking measures to improve the functioning of the education system and to ensure access to free basic education for all children, by focusing on increasing the school attendance rate and reducing school dropout rates at both primary and lower secondary levels, including for children in disadvantaged situations. It requests the Government to provide information on: (i) the impact of the specific measures taken in this regard, under the Basic Education Development Plan; (ii) updated statistical data on school enrolment and drop-out rates, disaggregated by age and gender; and (iii) the results of the ALS Programme, including by indicating the number of out-of-school children who benefitted from the programme and were able to complete their primary education.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s information that, in 2022, the Recovery and Reintegration Programme for Trafficked Persons (RRPTP), which provides recovery and reintegration services to victims of trafficking, served a total of 459 victims of trafficking aged 0 to 17 years (127 boys and 335 girls). For the first semester of 2023, the RRPTP has served a total of 138 child victims of trafficking (35 boys and 103 girls). The Committee takes note of this information, which addresses its previous request.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous observation and previous direct request

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery.Sale and trafficking of children. The Committee notes, from the Government’s report, the adoption, in 2022, of: (1) Republic Act No. 116481, which provides for higher penalties if the victim is under 16 years of age in cases of child trafficking and child prostitution; and (2) Republic Act No. 11862, which strengthens the protection of children from exploitation and trafficking by expanding the definition of trafficking to include not only forced labour, slavery and other forms of exploitation but also online sexual exploitation of children. The law also penalizes internet intermediaries who knowingly or by gross negligence allow their internet infrastructures to be used for the purpose of promoting trafficking in persons.

The Committee takes due note of the detailed information provided by the Government on certain decisions of the Supreme Court of 2020 to 2023 penalizing trafficking of children. The Government adds, that between 2003 and 2023, out of 4,666 trafficking cases filed in courts, 2,558 cases involved underaged victims. Among these, there were cases of trafficking for the purpose of prostitution and sexual exploitation, online sexual exploitation of children and child labour. In the same period, the Government indicates that a total of 778 convictions for child trafficking were handed down, involving 4,210 victims.

The Committee notes, from the concluding observations of the United Nations Committee on the Rights of the Child (CRC) the concerns about the widespread trafficking in children that reportedly increased during the COVID-19 pandemic (CRC/C/PHL/CO/5-6, 26 October 2022, para. 40). The Committee further notes, from the 2023 preliminary observations on the visit to the Philippines by the United Nations Special Rapporteur on the sale and sexual exploitation of children, that the country remains a source and destination country for child trafficking, sale, sexual exploitation and forced labour and that there is a lack of, or limited information on, the scale of the incidence of child trafficking and how child victims are exploited. While welcoming the efforts of the Government to ensure that child traffickers are prosecuted and convicted, the Committee requests it to pursue its efforts and to continue to provide information on the number of reported violations, investigations, prosecutions and convictions, and to include information on the penal sanctions imposed in cases related to the trafficking of children. It also requests the Government to provide information on any assessment made of the nature, extent and trends of the worst forms of child labour, including the extent of trafficking in children in the country.

Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication that Republic Act No. 11188 of 2019 mandates the Council for the Welfare of Children (CWC) to maintain and improve the database of children in situations of armed conflict and requires the CWC to submit a regular three-year implementation report to the Office of the President and the Congress. The Committee notes however that no information is provided on the content of the database and on how it will be used to prevent the engagement of children in armed conflict and ensure their rehabilitation. The Committee further takes note of the indication of the Government that the Inter Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC) developed and approved, on 30 September 2020, the Protocol on Handling and Treatment of Children in Situations of Armed Conflict. The Protocol lays down the procedure that government representatives shall observe after obtaining physical custody of a child affected by armed conflict. The Protocol also provides for the reintegration and monitoring of the child with their family and community as a culmination of the rehabilitation process. The Government adds that, to ensure the provision of a holistic response to children in situations of armed conflict, it conducted a series of Nationwide Clustered Orientations, reaching a total of 3,139 child protection actors in the public and private sectors across 17 regions. The Committee further notes the Government’s indication that the Armed Forces of the Philippines (AFP) signed a strategic plan to protect children in armed conflict in 2021, in coordination with the United Nations Task Force on Monitoring and Reporting, which includes undertakings, commitments, benchmarks and activities for the AFP to perform and fully comply with its obligations under International Human Rights Law. The Committee also notes that the Government carried out various awareness-raising campaigns, in which children previously affected by armed conflict intervened to share their experience.

The Committee notes, from the report of the Office of the Special Representative of the UN Secretary-General for Children and Armed Conflict, that there was a decrease in the number of grave violations against children in situations of armed conflict compared with the previous report published in 2020. However, the report identifies the recruitment and use of 11 children (10 boys and 1 girl) attributed to the New People’s Army (NPA), Abu Sayyaf Group and Dawlah Islamiyah-Maute Group (A/77/895-S/2023/363, 5 June 2023, paras 6 and 300). While taking note of the decrease in the number of children recruited for use in armed conflict and that the AFP appears to no longer recruit children, the Committee nevertheless notes with concern the continued use and recruitment of children by armed groups. It therefore urges the Government to continue to take the necessary measures to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups, including by ensuring that thorough investigations and prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out to facilitate the imposition of sufficiently effective and dissuasive penalties in practice. The Committee also requests the Government to continue to provide information on the measures taken to ensure that children receive the necessary and direct assistance for their removal and rehabilitation and social integration. Finally, the Committee requests the Government to provide information on the progress achieved in maintaining and improving the database on children in armed conflict, under Republic Act No. 11188, and to indicate how the database is used to ensure that no child is forcibly recruited for use in armed conflict.

Articles 3(b), 7(1) and 7(2)(a) and (b). Use, procuring or offering of children for the production of pornography or for pornographic performances and penalties. Preventing children from being engaged in the worst forms of child labour, removing them from these worst forms of labour and ensuring their rehabilitation and reintegration. Commercial sexual exploitation of children. The Committee notes that Republic Act No. 116481 of 2022 penalizes the hiring, employing, using, persuading, inducing or coercing of a child (defined as a person below the age of 18 years) to perform in obscene exhibitions and indecent shows. In addition, the Government also adopted Republic Act No. 11930 of 2022 which defines unlawful and prohibited acts committed through offline and online platforms and increases the responsibilities and accountabilities of the private sector, such as social media platforms, electronic service providers and internet, and financial intermediaries with relation to child sexual abuse and exploitation. In May 2023, the Government signed the Implementing Rules and Regulations of the Republic Act No. 11930. The Committee notes the Government’s indication that the Department of Social Welfare and Development (DSWD) in coordination with UNICEF established a comprehensive electronic case management system that will provide a simple process of documentation, intervention and collaborative response. The Government indicates that the project is at its initial stage but that the digital Integrated and Electronic Case Management System will be widely used by children and social protection agencies. The Committee further notes, from the concluding observations of the CRC, the launch of the #StopChildPornPh campaign and the launch of the eProtectKids hotline for reporting child sexual material online, such as child pornography. However, the CRC expressed concern over the increase in online sexual exploitation of children, especially in the context of the COVID-19 pandemic, the lack of efforts to address it, and the low rates of reporting, intervention, investigation, prosecution and conviction in cases of child sexual exploitation (CRC/C/PHL/CO/5-6, paras 22 and 42). While noting that certain awareness raising measures have been undertaken to address the commercial sexual exploitation of children, the Committee once again requests the Government to take immediate and effective time-bound measures to remove child victims of commercial sexual exploitation from this worst form of child labour and to provide for their rehabilitation and social integration. The Committee requests the Government to provide information on: (i) the results achieved in this regard; (ii) the progress achieved in launching the Integrated and Electronic Case Management System and the results in facilitating the intervention of authorities in cases of commercial sexual exploitation of children; (iii) the results of the eProtectKids hotline, including by providing the number of complaints received and any follow-up action undertaken; and (iv) the application in practice of the Anti-Child Pornography Act and Republic Acts Nos. 11862 and 11930, by indicating the number of reported violations, investigations, prosecutions, convictions, and penal sanctions imposed in cases of child commercial sexual exploitation.

Articles 3(c) and 7(2)(a) and (b). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and time-bound measures. Children engaged in drug trafficking. The Committee notes, from the 2021 Annual Report of the Philippine Drug Enforcement Agency (PDEA) that minors continue to be used by drug syndicates. In that year, a total of 599 children, aged 10 to 17 years (52 per cent aged 17 years), were rescued by the PDEA and other law enforcement agencies during drug operations, most of them (433 children) were used for pushing illegal drugs. The report briefly states that these children were turned over to the local social welfare and development offices for proper intervention. Noting the absence of relevant information provided by the Government on the measures taken to address the issue of children engaged in drug trafficking, the Committee requests the Government to take effective and time-bound measures to prevent children from being engaged in this worst form of child labour and to continue to take measures to rescue them. It requests the Government to provide information on the measures taken to this end, as well as on the measures taken to ensure their rehabilitation and social integration. Finally, the Committee requests the Government to provide information on the number of children rescued and those who were provided with direct assistance, as well as on the number of children reached by preventive activities, including by the previously mentioned Standard Training in Extensive Anti-Drug Prevention Education (SK STEP-UP).

Articles 3(d), 4(1), 7(1) and 7(2)(b). Hazardous work, penalties and time-bound measures. Child domestic workers. The Committee takes note of the Government’s indication that Department Order No. 217 of 2020 requires applicants for a license to operate a private employment agency for domestic workers to submit a notarized affidavit of undertaking stating that they “shall denounce and never support nor engage in any or all acts involving illegal recruitment, trafficking in persons nor any violation of anti-child labour laws”. The Committee notes the Government’s repeated information that there is a Joint Memorandum Circular on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic worker) but observes that the Government does not provide information on the application in practice of the Protocol or on the implementation of the road map for the elimination of child labour in domestic work. The Committee further notes the Government’s general indication that, between 2018 and 2022, 614,808 child labourers were removed from child labour and received the necessary rehabilitation services, but the Government does not indicate how many of these child labourers were engaged in hazardous working conditions in domestic work. The Committee further notes that the CRC, in its concluding observations, urged the Government to intensify labour inspections and training of investigators, particularly regarding kasambahay (domestic workers) and ensure the imposition of sanctions in case of violation of the legislation (CRC/C/PHL/CO/5-6, 26 October 2022, para. 38(c)). The Committee requests the Government to take all necessary and time-bound measures to protect child domestic workers from the worst forms of child labour, to remove them from such labour and to provide the necessary and appropriate direct assistance to ensure their rehabilitation and social integration. It requests the Government to provide information on: (i) the results achieved, including in the framework of the road map for the elimination of child labour, by indicating the number of child domestic workers who have been protected or withdrawn from child labour and rehabilitated; and (ii) the number and nature of penalties imposed on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions, in application of the Domestic Workers Act, 2013.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government (see Articles 7(2)(a) and 7(2)(b) concerning access to education and child victims of trafficking), as well as on the basis of the information at its disposal in 2019.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour.  1. Ensuring access to free basic education. In its previous comments, the Committee noted the significant results achieved following the implementation of: (i) the compulsory schooling provisions under the Enhanced Basic Education Act No. 10533 of 2013; (ii) the provisions of educational assistance, school supplies and food and clothing under the Project Angel Tree; and (iii) the Education for All (EFA)-related programmes and policies implemented by the Government. However, the Committee noted from the EFA review of 2015 that keeping children in school until they finish their basic education and reducing drop-outs in the first three grades remained an issue. The Committee therefore requested the Government to take the necessary measures to reduce school drop-out rates, particularly in early grades, so as to prevent the engagement of children in the worst forms of child labour.

The Committee notes the Government’s information in its report that the Enhanced Basic Education Act also addresses the educational needs of children under difficult circumstances and those from indigenous communities. It also notes from the Government’s report that the Department of Education (DepEd) issued the Gender-Responsive Basic Education Policy of 2017 to address the gender parity in basic education by mainstreaming gender in all its educational policies, programmes and projects. The Committee further notes the Government’s statement that the DepEd is continuing its efforts to ensure access to, and completion of, free education for all Filipino children through implementing various programmes aimed at promoting inclusive education for all children, such as: the Early Childhood Care and Development MultiGrade Programme; the Alternative Learning System (ALS) Programme; the Accreditation and Equivalency Programme; and the Financial Assistance Programme. The Committee notes the Government’s information in its supplementary report that the ALS programme aims to provide opportunities for school drop-outs and those school-aged children who cannot regularly report to school to complete their elementary and secondary education outside the formal system. In 2019, about 26,889 Community Learning Centers were offering the ALS programme. Moreover, the Government Assistance and Subsidies programme, which provides financial assistance to deserving elementary school graduates to pursue their secondary education, has benefitted 2,425,198 students in 2019. In addition, measures are in place to continue providing better access to education during this period of emergency such as the Learner Enrolment and Survey Form designed to profile the household in terms of their readiness for distance education and the DepEd Commons, an online learning platform for students who are currently forced to stay home. The Government further reports that according to the data from the Enhanced Basic Education Information System, 2018, from 2015 to 2018, the school drop-out rates in early grades have decreased significantly. The Committee, however, notes from the UNESCO statistics of 2017, that although the net enrolment rate at the primary level was 93.78 per cent, a total number of 1,317,786 children and adolescents were out of school in 2017.  Considering that education is key in preventing children from being engaged in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to facilitate access to, and completion of, free basic education for all children. In this regard, it urges the Government to take the necessary measures to increase the school enrolment and completion rates and reduce the school drop-out rates. The Committee requests the Government to provide updated information on the specific measures taken in this regard and the results achieved.

2. Children engaged in drug trafficking. The Committee previously requested the Government to pursue its efforts to prevent the engagement of children under the age of 18 years in drug trafficking.

The Committee notes the information provided by the Government on the measures taken by the Philippine Drug Enforcement Agency (PDEA) to prevent children from being engaged in drug related offences. In this regard, the Sangguniang Kabattan (Youth Council) Standard Training in Extensive Anti-Drug Prevention Education (SK STEP-UP), through its anti-drug advocacy programme plays an important role. The PDEA also developed, published and distributed comics to educate young people on the specific issues related to illegal drug activities and implemented Drug Prevention Education through conducting seminars, symposia and lectures for youths.  The Committee encourages the Government to continue its efforts to prevent the engagement of children under the age of 18 years in drug trafficking related offences and to provide information on the number of children reached by the preventive activities mentioned above.

Article 7(2). Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child victims of trafficking.  In its previous comments the Committee noted that the Recovery and Reintegration Programme for Trafficked Persons (RRPTP) through its multisectoral approach, ensures adequate recovery and reintegration services to victims of trafficking as well as to their families. However, it noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 22 July 2016, expressed concern at the lack of designated shelters for victims of trafficking as well as support for rehabilitation and reintegration (CEDAW/C/PHL/CO/7–8, paragraph 27). The Committee therefore requested the Government to strengthen its efforts to protect children under 18 years of age from this worst form of child labour and to provide them with appropriate services for their rehabilitation and reintegration.

The Committee notes the Government’s information that in 2018, the RRPTP served and assisted a total of 2,318 victims of trafficking including 611 minors. In 2019 the RRPTP served and assisted a total of 2,041 victims of trafficking, including 463 minors. Throughout the years of RRPTP implementation, a total of 16,250 victims of trafficking were served and assisted, 17 per cent of which were minors. The Committee requests the Government to continue providing appropriate services for rehabilitation and reintegration to victims of trafficking under the age of 18 years. It also requests the Government to continue to provide information on the measures taken in this regard and on the number of child victims of trafficking who have been provided services, including through the RRPTP.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, (see Articles 3 and 7(1), and Articles 3(b) and 7(2) (a) and (b)) as well as on the basis of the information at its disposal in 2019.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the measures taken by the various Government departments and the Inter-Agency Council Against Trafficking (IACAT) to address cases related to trafficking of children. It requested the Government to continue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s information in its report that the Department of Labor and Employment (DOLE) issued Administrative Order No. 551 of 2018 for the Creation of the DOLE Task Force Against Illegal Recruitment, Recruitment of Minor Workers, and Trafficking in Persons to have more focused, concerted, coordinated and effective programmes of action to combat the illegal recruitment and trafficking of children. It also notes the Government’s information on the number of orientation and awareness-raising activities undertaken by the DOLE concerning the worst forms of child labour. Moreover, in October 2017, DOLE participated in a workshop conducted by the IACAT and the Australia–Asia Program to Combat Trafficking in Persons on identifying, investigating and prosecuting cases of trafficking of persons for labour exploitation. In April 2017, a Child Protection Compact Partnership (CPC Partnership) was signed by the IACAT and the US Embassy to support Philippines’ campaign against trafficking of children. The Committee notes the Government’s information in its supplementary report that a total of 123 law enforcement officials were trained under the CPC partnership on various topics including Anti-trafficking in Persons Special Investigations Field Training. According to the Government’s report, from September 2017 to September 2019, a total of 44 rescue operations were conducted under the CPC partnership, during which 125 minors were rescued.

The Committee further notes from the Government’s report that Republic Act No. 10821 which was adopted in May 2016, provides that upon declaration of a national and local state of calamity, the Philippine National Police, the Department of Social Welfare and Development, with the assistance from the Armed Forces shall immediately heighten comprehensive measures and monitoring to prevent trafficking of children and their exploitation in the areas declared under a state of calamity. Furthermore, the Anti-Trafficking in Persons Act of 2012 was expanded through Republic Act No 10364 entitled “Expanded Anti-Trafficking in Persons Act of 2012”, to institute policies to eliminate trafficking in persons especially, women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, and providing penalties for its violation. The Committee notes that according to section 4A of the Expanded Anti-trafficking in Persons Act of 2012, attempted trafficking of persons, where there are acts to initiate the commission of a trafficking offence but the offender failed or did not execute all the elements of the crime, shall be punished. In the case of a child, attempted trafficking involves various acts including facilitating the travel of a child who travels alone to a foreign country without valid reason; required clearance or permit, or a permit from the parents; executing an affidavit of consent or a written consent for adoption; as well as acts to solicit or acquire a child for the purpose of selling.

The Committee, however, notes from the UNICEF 2016 Summary Report on Situation Analysis of Children in the Philippines that domestic and cross-border trafficking of women and children for sexual exploitation continues, with 1,465 victims of trafficking identified and assisted in 2015, and that sex tourism is reportedly on the rise. Furthermore, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2016, expressed concern at the persistently high incidence of trafficking in women and children; the very small number of prosecutions and convictions of traffickers; the insufficient level of understanding of the issues relating to trafficking and the anti-trafficking legal framework among law enforcement officials; and the allegations of complicity of law enforcement officials in the cases related to trafficking of persons (E/C.12/PHL/CO/5–6, paragraph 41).  While noting the measures taken by the Government, the Committee urges it to intensify its efforts to eliminate in practice the trafficking of children by ensuring that thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, including state officials suspected of complicity, and that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to pursue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age. The Committee further requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and penal sanctions imposed in cases related to the trafficking of children as well as for the offences related to attempted trafficking in children under the Extended Anti-trafficking Act of 2012.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted the adoption of Executive Order No. 138 on a Comprehensive Programme Framework for Children in Armed Conflict, which calls on the national agencies and local government units affected by armed conflict to integrate the implementation of the Children in Armed Conflict (CIAC) programme framework. The CIAC programme includes developing, strengthening and enhancing policies to promote the protection and prevention of children in armed conflict. It also noted from a report of the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict of 2016 that the majority of the benchmarks established in the action plan aimed at ending the recruitment and use of child soldiers, which was signed between the United Nations and the Moro Islamic Liberation Front (MILF) in 2009, had been reached and that the Moro Islamic Liberation Front was implementing a four-step process to identify and release all children associated with the military. However, noting from the Report of the Secretary-General on Children and Armed Conflict of April 2016 that children continued to be recruited by armed forces and groups, the Committee urged the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use in armed conflict, and proceed with the full and immediate demobilization of all children.

The Committee notes the Government’s information that in January 2018, the President signed Republic Act No. 11188 on the Special Protection of Children in Situations of Armed Conflict and Providing Penalties for Violations Thereof. This Act requires the State to take all feasible measures to prevent the recruitment, re- recruitment, use, displacement of, or grave violations of the rights of children involved in armed conflict. It notes the Government’s information that in order to effectively implement the provisions of Act No. 11188, an Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC), chaired by the Council for the Welfare of Children (CWC) and comprising representatives from various government organisations, has been created. The functions of the IAC-CSAC include, formulating guidelines and developing programmes in coordination with concerned agencies, for dealing with children involved in armed conflict and monitoring and documenting cases of capture, surrender, arrest, rescue or recovery by government forces. In this regard, the Committee notes the Government’s information that the CWC and the IAC-CSAC, in consultation with the UNICEF Philippines and the Philippine Legislators’ Committee adopted in June 2019, the Implementing Rules and Regulations (IRR) for the Republic Act No.11188.

The Committee also notes from the 2017 UNICEF report Children in Armed Conflict: Philippines that the implementation of the UN–MILF Action Plan ended in July 2017 with the disengagement of nearly 2,000 children from the ranks of the MILF–Bangsamoro Islamic Armed Forces (BIAF). However, the Committee notes that the report of the Secretary-General on children and armed conflict of June 2019, referred to the recruitment and use of 19 children (ten boys and nine girls); 18 by armed groups and one by the armed forces. The United Nations also received additional allegations of recruitment and use of 13 children by the armed groups, such as the New People’s Army, Maute Group and the Abu Sayyaf Group. While taking note of the measures taken by the Government, the Committee must express its concern at the continued use and recruitment of children by armed forces and groups. The Committee therefore urges the Government to continue to take the necessary measures to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into the armed forces and armed groups, including through the effective implementation of Republic Act No. 11188 and its Implementing Rules and Regulations. The Committee also urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice.

Articles 3(b) and 7(2)(a) and (b). Use, procuring or offering of children for the production of pornography or for pornographic performances. Preventing children from being engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and reintegration. Commercial sexual exploitation of children. The Committee notes that the Anti-Child Pornography Act of 2009 provides for the protection of children under 18 years of age from all forms of exploitation and abuse including the use of a child in pornographic performances and materials and the inducement or coercion of a child to engage or be involved in pornography through whatever means (section 2). Section 4 of the Act further prohibits a wide range of offences related to using, hiring, inducing or coercing children for the production of child pornography, and its publication, possession, distribution, and accessing of child pornography while providing for penalties of maximum imprisonment and fines to the perpetrators of such offences (section 14). The Committee noted that according to the UNICEF Summary Report of 2016 on Situation Analysis of Children in the Philippines, cyber violence has emerged as a serious threat and that the new technologies put children at risk of online sexual solicitation and grooming. The number of children coerced, often by relatives, to perform sex acts for live streaming on the internet has increased making online child abuse the leading cybercrime in the country. This report further states that the Philippines is one of the top ten countries globally producing sexual content using children.

The Committee notes the Government’s information that an initiative entitled SaferKidsPH, spearheaded by the Australian Government and delivered through Save the Children, the Asia Foundation and the UNICEF was launched in October 2019. This initiative aims to create a safer environment for children where the Government and other stakeholders play an active role in: (i) adopting positive behaviour towards protection of children from online abuse and exploitation; (ii) strengthening investigation, prosecution and adjudication of Online Sexual Abuse and Exploitation of Children (OSAEC) cases consistent with national legislation; and (iii) improving service delivery for prevention and protection of children against online sexual abuse and exploitation in OSAEC hotspots. Moreover, a study on online sexual exploitation of children in the Philippines was conducted by the Government in partnership with the International Justice Mission and its findings were presented to the public. The Government report further indicates that in 2018, the Philippine National Police-Anti Cybercrime Group recorded 59 cases of child pornography in 2018 and 11 cases in the first quarter of 2019. In 2018, the Department of Justice Office of Cybercrime recorded 579,006 cyber tips for the online sharing, re-sharing and selling of child sexual images and videos and in 2019, 418,422 such cyber tips were recorded. Moreover, from January to August 2020, a total of seven cases were filed against syndicated crime groups and individual offenders of child pornography who have been arrested and brought to the jurisdiction of the courts.

The Committee further notes that according to a document by the International Organization for Migration, entitled Human Trafficking Snapshot, Philippines, September 2018, indicates that there are tens of thousands of children being exploited and abused in cybersex dens across the Philippines. The Committee notes with deep concern at the significant number of children who are subject to commercial sexual exploitation in the Philippines and the low number of prosecutions and convictions in this regard.  The Committee therefore urges the Government to take the necessary measures to ensure the effective enforcement of the Anti-Child Pornography Act, by ensuring that thorough investigations and prosecutions of persons who use children in the production of pornography and in pornographic performances are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It also urges the Government to take immediate and effective time-bound measures to prevent the engagement of children in commercial sexual exploitation as well as to remove those who are victims of such forms of child labour and to provide for their rehabilitation and social reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Articles 3(d), 4(1) and 7(2)(b). Hazardous work and time-bound measures to provide direct assistance for their removal and rehabilitation and social integration. Child domestic workers. In its previous comments, the Committee noted the International Trade Union Confederation’s (ITUC) allegations that there were at least 1 million children under the age of 18 years in domestic work, some of whom were subject to slavery-like practices or working in harmful and hazardous conditions, while some of them, especially girls, suffered physical, psychological and sexual abuses and injuries. In this regard, the Committee noted the adoption of Republic Act No. 10361 which provides for instituting policies for the protection and welfare of domestic workers as well as setting the minimum age for employment in domestic work at 15 years. It also noted that a road map for the elimination of child labour in domestic work and the provision of adequate protection for young domestic workers of legal working age was adopted and a Joint Memorandum Circular (JMC) on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic workers) was signed by the DOLE, the Department of Social Welfare and Development, the National Bureau of Investigation and the Philippine National Police. The Committee urged the Government to strengthen its efforts to ensure the effective implementation of Republic Act No. 10361, to provide information on the implementation of the road map for the elimination of child labour in domestic work as well as the measures taken to rescue and rehabilitate abused domestic workers following the JMC on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay.

The Committee notes the Government’s information that in July 2017, the DOLE issued an Administrative Order which provides for guidelines for the effective enforcement of the rights of domestic workers under Republic Act No.10361 as well as on the terms and conditions of employment of children under Republic Act No.9231. It also notes the Government’s information that DOLE, with support from ILO, conducted training for 35 DOLE personnel to enhance their capacity in detecting and assessing child labour incidents. In 2017, the Bureau of Workers with Special Concerns (BWSC) conducted capacity enhancement training for regional kasambahay focal persons in addressing the vulnerability of domestic workers. However, the Committee notes from the 2018 ILO document on Social Dialogue to Achieve Sustainable Development Goals: Formalising the Informal Economy, Country Brief, Philippines that domestic work is the largest single source of wage employment for women as well as for young workers.  The Committee therefore strongly encourages the Government to strengthen its efforts to prevent children under 18 years from engaging in hazardous working conditions in domestic work, including through the effective implementation of the road map for the elimination of child labour. It requests the Government to provide information on the measures taken in this regard as well as on the results achieved in terms of the number of child domestic workers who have been protected or withdrawn from child labour and rehabilitated. It also urges the Government to strengthen its efforts to ensure that Republic Act No. 10361 is effectively applied and that sufficiently effective and dissuasive penalties are imposed in practice on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Ensuring access to free basic education. In its previous comments, the Committee noted the significant results achieved following the implementation of: (i) the compulsory schooling provisions under the Enhanced Basic Education Act No. 10533 of 2013; (ii) the provisions of educational assistance, school supplies and food and clothing under the Project Angel Tree; and (iii) the Education for All (EFA)-related programmes and policies implemented by the Government. However, the Committee noted from the EFA review of 2015 that keeping children in school until they finish their basic education and reducing drop-outs in the first three grades remained an issue. The Committee therefore requested the Government to take the necessary measures to reduce school drop-out rates, particularly in early grades, so as to prevent the engagement of children in the worst forms of child labour.

The Committee notes the Government’s information in its report that the Enhanced Basic Education Act also addresses the educational needs of children under difficult circumstances and those from indigenous communities. It also notes from the Government’s report that the Department of Education (DepEd) issued the Gender-Responsive Basic Education Policy of 2017 to address the gender parity in basic education by mainstreaming gender in all its educational policies, programmes and projects. The Committee further notes the Government’s statement that the DepEd is continuing its efforts to ensure access to, and completion of, free education for all Filipino children through implementing various programmes aimed at promoting inclusive education for all children, such as: the Early Childhood Care and Development MultiGrade Programme; the Alternative Learning System Programme; the Accreditation and Equivalency Programme; and the Financial Assistance Programme. The Government further reports that according to the data from the Enhanced Basic Education Information System, 2018, from 2015 to 2018, the school drop-out rates in early grades have decreased significantly. The Committee, however, notes from the UNESCO statistics of 2017, that although the net enrolment rate at the primary level was 93.78 per cent, a total number of 1,317,786 children and adolescents were out of school in 2017. Considering that education is key in preventing children from being engaged in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to facilitate access to, and completion of, free basic education for all children. In this regard, it urges the Government to take the necessary measures to increase the school enrolment and completion rates and reduce the school drop-out rates. The Committee requests the Government to provide updated information on the specific measures taken in this regard and the results achieved.

2. Children engaged in drug trafficking. The Committee previously requested the Government to pursue its efforts to prevent the engagement of children under the age of 18 years in drug trafficking.

The Committee notes the information provided by the Government on the measures taken by the Philippine Drug Enforcement Agency (PDEA) to prevent children from being engaged in drug related offences. In this regard, the Sangguniang Kabattan (Youth Council) Standard Training in Extensive Anti-Drug Prevention Education (SK STEP-UP), through its anti-drug advocacy programme plays an important role. The PDEA also developed, published and distributed comics to educate young people on the specific issues related to illegal drug activities and implemented Drug Prevention Education through conducting seminars, symposia and lectures for youths. The Committee encourages the Government to continue its efforts to prevent the engagement of children under the age of 18 years in drug trafficking related offences and to provide information on the number of children reached by the preventive activities mentioned above.

Article 7(2). Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child victims of trafficking. In its previous comments the Committee noted that the Recovery and Reintegration Programme for Trafficked Persons (RRPTP) through its multisectoral approach, ensures adequate recovery and reintegration services to victims of trafficking as well as to their families. However, it noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 22 July 2016, expressed concern at the lack of designated shelters for victims of trafficking as well as support for rehabilitation and reintegration (CEDAW/C/PHL/CO/7–8, paragraph 27). The Committee therefore requested the Government to strengthen its efforts to protect children under 18 years of age from this worst form of child labour and to provide them with appropriate services for their rehabilitation and reintegration.

The Committee notes the Government’s information that in 2018, the RRPTP served and assisted a total of 2,318 victims of trafficking including 611 minors. Throughout the years of RRPTP implementation, a total of 14,209 victims of trafficking were served and assisted, 17 per cent of which were minors. The Committee requests the Government to continue providing appropriate services for rehabilitation and reintegration to victims of trafficking under the age of 18 years. It also requests the Government to continue to provide information on the measures taken in this regard and on the number of child victims of trafficking who have been provided services, including through the RRPTP.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the measures taken by the various Government departments and the Inter-Agency Council Against Trafficking (IACAT) to address cases related to trafficking of children. It requested the Government to continue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s information in its report that the Department of Labor and Employment (DOLE) issued Administrative Order No. 551 of 2018 for the Creation of the DOLE Task Force Against Illegal Recruitment, Recruitment of Minor Workers, and Trafficking in Persons to have more focused, concerted, coordinated and effective programmes of action to combat the illegal recruitment and trafficking of children. It also notes the Government’s information on the number of orientation and awareness-raising activities undertaken by the DOLE concerning the worst forms of child labour. In April 2017, a Child Protection Compact Partnership was signed by the IACAT and the US Embassy to support Philippines’ campaign against trafficking of children. Moreover, in October 2017, DOLE participated in a workshop conducted by the IACAT and the Australia–Asia Program to Combat Trafficking in Persons on identifying, investigating and prosecuting cases of trafficking of persons for labour exploitation. The Committee further notes from the Government’s report that Republic Act No. 10821 which was adopted in May 2016, provides that upon declaration of a national and local state of calamity, the Philippine National Police, the Department of Social Welfare and Development, with the assistance from the Armed Forces shall immediately heighten comprehensive measures and monitoring to prevent trafficking of children and their exploitation in the areas declared under a state of calamity. The Committee, however, notes from the UNICEF 2016 Summary Report on Situation Analysis of Children in the Philippines that domestic and cross-border trafficking of women and children for sexual exploitation continues, with 1,465 victims of trafficking identified and assisted in 2015, and that sex tourism is reportedly on the rise. Furthermore, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2016, expressed concern at the persistently high incidence of trafficking in women and children; the very small number of prosecutions and convictions of traffickers; the insufficient level of understanding of the issues relating to trafficking and the anti-trafficking legal framework among law enforcement officials; and the allegations of complicity of law enforcement officials in the cases related to trafficking of persons (E/C.12/PHL/CO/5–6, paragraph 41). While noting the measures taken by the Government, the Committee urges the Government to intensify its efforts to eliminate in practice the trafficking of children by ensuring that thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, including state officials suspected of complicity, and that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to pursue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age. The Committee further requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and penal sanctions imposed in cases related to the trafficking of children.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted the adoption of Executive Order No. 138 on a Comprehensive Programme Framework for Children in Armed Conflict, which calls on the national agencies and local government units affected by armed conflict to integrate the implementation of the Children in Armed Conflict (CIAC) programme framework. The CIAC programme includes developing, strengthening and enhancing policies to promote the protection and prevention of children in armed conflict. It also noted from a report of the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict of 2016 that the majority of the benchmarks established in the action plan aimed at ending the recruitment and use of child soldiers, which was signed between the United Nations and the Moro Islamic Liberation Front (MILF) in 2009, had been reached and that the Moro Islamic Liberation Front was implementing a four-step process to identify and release all children associated with the military. However, noting from the Report of the Secretary-General on Children and Armed Conflict of April 2016 that children continued to be recruited by armed forces and groups, the Committee urged the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use in armed conflict, and proceed with the full and immediate demobilization of all children.

The Committee notes the Government’s information that in January 2018, the President signed Republic Act No. 11188 on the Special Protection of Children in Situations of Armed Conflict and Providing Penalties for Violations Thereof. This Act requires the State to take all feasible measures to prevent the recruitment, re recruitment, use, displacement of, or grave violations of the rights of children involved in armed conflict. It notes the Government’s information that in order to effectively implement the provisions of Act No. 11188, an Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC), chaired by the Council for the Welfare of Children and comprising representatives from various government organisations, has been created. The functions of the IAC-CSAC include, formulating guidelines and developing programmes in coordination with concerned agencies, for dealing with children involved in armed conflict and monitoring and documenting cases of capture, surrender, arrest, rescue or recovery by government forces. The Committee also notes from the 2017 UNICEF report Children in Armed Conflict: Philippines that the implementation of the UN–MILF Action Plan ended in July 2017 with the disengagement of nearly 2,000 children from the ranks of the MILF–Bangsamoro Islamic Armed Forces (BIAF). However, the Committee notes that the report of the Secretary-General on children and armed conflict of June 2019, referred to the recruitment and use of 19 children (ten boys and nine girls); 18 by armed groups and one by the armed forces. The United Nations also received additional allegations of recruitment and use of 13 children by the armed groups, such as the New People’s Army, Maute Group and the Abu Sayyaf Group. While taking note of the measures taken by the Government, the Committee must express its concern at the continued use and recruitment of children by armed forces and groups. The Committee therefore urges the Government to continue to take the necessary measures to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into the armed forces and armed groups, including through the effective implementation of Republic Act No. 11188. The Committee also urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice.

Articles 3(b) and 7(2)(a) and (b). Use, procuring or offering of children for the production of pornography or for pornographic performances. Preventing children from being engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and reintegration. Commercial sexual exploitation of children. The Committee notes that the Anti-Child Pornography Act of 2009 provides for the protection of children under 18 years of age from all forms of exploitation and abuse including the use of a child in pornographic performances and materials and the inducement or coercion of a child to engage or be involved in pornography through whatever means (section 2). Section 4 of the Act further prohibits a wide range of offences related to using, hiring, inducing or coercing children for the production of child pornography, and its publication, possession, distribution, and accessing of child pornography while providing for penalties of maximum imprisonment and fines to the perpetrators of such offences (section 14).

The Committee notes that according to the UNICEF Summary Report of 2016 on Situation Analysis of Children in the Philippines, cyber violence has emerged as a serious threat and that the new technologies put children at risk of online sexual solicitation and grooming. The number of children coerced, often by relatives, to perform sex acts for live streaming on the internet has increased making online child abuse the leading cybercrime in the country. This report further states that the Philippines is one of the top ten countries globally producing sexual content using children. Moreover, a document by the International Organization for Migration, entitled Human Trafficking Snapshot, Philippines, September 2018, indicates that there are tens of thousands of children being exploited and abused in cybersex dens across the Philippines. The Committee notes with deep concern at the significant number of children who are subject to commercial sexual exploitation in the Philippines. The Committee therefore urges the Government to take the necessary measures to ensure the effective enforcement of the Anti-Child Pornography Act, by ensuring that thorough investigations and prosecutions of persons who use children in the production of pornography and in pornographic performances are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It also urges the Government to take immediate and effective time-bound measures to prevent the engagement of children in commercial sexual exploitation as well as to remove those who are victims of such forms of child labour and to provide for their rehabilitation and reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Articles 3(d), 4(1) and 7(2)(b). Hazardous work and time-bound measures to provide direct assistance for their removal and rehabilitation and social integration. Child domestic workers. In its previous comments, the Committee noted the International Trade Union Confederation’s (ITUC) allegations that there were at least 1 million children under the age of 18 years in domestic work, some of whom were subject to slavery-like practices or working in harmful and hazardous conditions, while some of them, especially girls, suffered physical, psychological and sexual abuses and injuries. In this regard, the Committee noted the adoption of Republic Act No. 10361 which provides for instituting policies for the protection and welfare of domestic workers as well as setting the minimum age for employment in domestic work at 15 years. It also noted that a road map for the elimination of child labour in domestic work and the provision of adequate protection for young domestic workers of legal working age was adopted and a Joint Memorandum Circular (JMC) on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic workers) was signed by the DOLE, the Department of Social Welfare and Development, the National Bureau of Investigation and the Philippine National Police. The Committee urged the Government to strengthen its efforts to ensure the effective implementation of Republic Act No. 10361, to provide information on the implementation of the road map for the elimination of child labour in domestic work as well as the measures taken to rescue and rehabilitate abused domestic workers following the JMC on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay.

The Committee notes the Government’s information that in July 2017, the DOLE issued an Administrative Order which provides for guidelines for the effective enforcement of the rights of domestic workers under Republic Act No.10361 as well as on the terms and conditions of employment of children under Republic Act No.9231. It also notes the Government’s information that DOLE, with support from ILO, conducted training for 35 DOLE personnel to enhance their capacity in detecting and assessing child labour incidents. In 2017, the Bureau of Workers with Special Concerns (BWSC) conducted capacity enhancement training for regional kasambahay focal persons in addressing the vulnerability of domestic workers. However, the Committee notes from the 2018 ILO document on Social Dialogue to Achieve Sustainable Development Goals: Formalising the Informal Economy, Country Brief, Philippines that domestic work is the largest single source of wage employment for women as well as for young workers. The Committee therefore strongly encourages the Government to strengthen its efforts to prevent children under 18 years from engaging in hazardous working conditions in domestic work, including through the effective implementation of the road map for the elimination of child labour. It requests the Government to provide information on the measures taken in this regard as well as on the results achieved in terms of the number of child domestic workers who have been protected or withdrawn from child labour and rehabilitated. It also urges the Government to strengthen its efforts to ensure that Republic Act No. 10361 is effectively applied and that sufficiently effective and dissuasive penalties are imposed in practice on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Ensuring access to free basic education. The Committee notes that according to the provisions under the Enhanced Basic Education Act, compulsory schooling starts from kindergarten to senior high school (K to 12 programme) which shall be from the age of 5 years to 18 years. In this regard, the Committee notes the Government’s information that according to the Department of Education (DepEd), between 2008 and 2013, there has been a reduction by 55 per cent in the incidence of out-of-school children aged between 5 and 15 years as a result of the implementation of mandatory kindergarten, and the gap in the school attendance rate has decreased from 34.9 per cent in 2008 to 5 per cent in 2013. The Government also indicates that DepEd’s total budget has been increasing year by year and has reached 361.7 billion Philippine pesos (PHP) in 2015. Moreover, in 2015, a total of 3,138 child labourers and children at risk were provided with educational assistance, including school supplies, food and clothing through the Department of Labor and Employment’s (DOLE) Project Angel Tree.

The Committee further notes from the Education for All 2015 National Review, Philippines (EFA review) that the EFA-related programmes and projects resulted in increased performance of the country in most of the EFA indicators. According to the EFA review, the programmes and polices implemented by the Government include: (i) the Multigrade Program which aims to serve the need of school-age children in remote and disadvantaged areas; (ii) Alternative Delivery Mode which addresses the needs of marginalized students and those at risk of dropping out; (iii) the Open High School Program that provides for flexible and distance learning strategies for students who are unable to attend regular classes; and (iv) the Conditional Cash Transfer programme. The Committee also notes that, apart from the achievements indicated above by the Government, the EFA review indicates that in 2013, primary school-age participation has reached 95 per cent, secondary school-age participation reached 65 per cent and enrolment at technical skills education and training programmes has increased by 35 per cent. The enrolment and completion rates in basic, secondary and technical education indicate that girls outnumbered boys in most of the programmes. However, the EFA review states that keeping children in school until they finish their basic education and reducing drop-outs in the first three grades remain an issue. While taking note of the various measures taken by the Government to improve the functioning of the education system, the Committee requests the Government to pursue its efforts to ensure access to, and completion of, free basic education for all children. It encourages the Government to take the necessary measures to reduce school drop-out rates, particularly in early grades, so as to prevent the engagement of children in the worst forms of child labour.

2. Children engaged in drug trafficking. Following its previous comments, the Committee notes the Government’s information that the 2015 records of the Philippine Drug Enforcement Agency (PDEA) showed that 98 minors were rescued from pushing illegal drugs. The Committee encourages the Government to pursue its efforts to prevent the engagement of children under the age of 18 years in drug trafficking. It requests the Government to continue proving information on the measures taken in this regard, including by the Dangerous Drugs Board and on the number of children who were prevented from becoming engaged in drug trafficking.

Article 7(2). Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s statement that in response to the rampant problem of trafficking of persons, the Recovery and Reintegration Programme for Trafficked Persons (RRPTP) was initiated. According to the Government’s report, the RRPTP, through its multisectoral approach, ensures adequate recovery and reintegration services to victims of trafficking as well as to their families, including rescue, counselling, financial assistance, skills training, auxiliary services, shelter and legal assistance. The Government’s report indicates that in 2015, temporary shelter and psychosocial counselling was the most availed service by the RRPTP. The Committee notes, however, that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 22 July 2016, expressed concern at the lack of designated shelters for victims of trafficking as well as support for rehabilitation and reintegration (CEDAW/C/PHL/CO/7-8, paragraph 27). The Committee requests the Government to strengthen its efforts to protect children under 18 years of age from this worst form of child labour and to provide them with appropriate services for their rehabilitation and reintegration. It requests the Government to continue providing information on the measures taken in this regard and on the number of child victims of trafficking who have been provided services, including through the RRPTP.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted from the report of 19 April 2013 of the Special Rapporteur on trafficking in persons, especially women and children, following her mission to the Philippines, that trafficking of persons, mostly women and children, for sexual and labour exploitation was widespread, both cross-border and internally, and that exploitation of children, especially girls, for sex tourism was alarmingly common and sometimes socially and culturally tolerated in many areas of the country. The report of the Special Rapporteur also indicated that, given the prevalence of trafficking in the country, the number of trafficking cases registered was low and that the deep-rooted corruption at all levels of law enforcement continued to be a major obstacle in the identification of trafficked persons, as well as a hindrance to the effective investigation of trafficking cases. The Committee also noted the various measures taken by the Government to detect and address any delays in the resolution of cases of trafficking in persons as well as to monitor and investigate the cases pending in the Regional Trial Courts of the country. However, expressing its serious concern at the reports of high prevalence of trafficking in children for both labour and sexual exploitation, the Committee requested the Government to intensify its efforts to ensure the elimination in practice of the sale and trafficking of children and young persons under 18 years of age.

The Committee notes the following measures taken by the Government, in this regard, as indicated in the Government’s report:

• -a Memorandum of Agreement on handling cases of child labour, illegal recruitment and trafficking of persons was formulated and signed in 2015 by the various Government departments, including: the Department of Labor and Employment (DOLE); the Department of Social Welfare and Development; the Department of Justice; the Department of Health; the Department of Education; the Philippine National Police; the National Bureau of Investigation; and the Maritime Industry Authority;
• -a Memorandum of Understanding was signed in March 2016 by the Inter-Agency Council Against Trafficking (IACAT), the Department of Justice, the National Child Labour Committee and the DOLE in order to effectively address cases related to trafficking of children through cooperation in the investigation and prosecution of cases, rescue of victims and provision of assistance to victims;
• -a Manual on Labour Dimensions of Trafficking in Persons for investigators, prosecutors, labour inspectors and service providers was developed and published by the IACAT in 2015.

The Committee further notes from the website of the IACAT that after five years of being Tier 2 in the Global Trafficking in Persons (GTIP) report, the Philippines anti-human-trafficking efforts have finally been given the highest ranking of Tier 1 in its 16th GTIP report indicating that the Government is fully complying with the minimum standards for the elimination of severe forms of trafficking. According to the statistics contained in the website of the IACAT, 259 convictions were made for offences related to trafficking of persons as of 31 August 2016, with a total of 282 persons being handed down penalties of imprisonment ranging from six years to life imprisonment. While noting the various measures taken by the Government to combat trafficking of children, the Committee requests the Government to continue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age. It also requests the Government to pursue its efforts to ensure that all perpetrators of trafficking of children are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It further requests the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in cases related to the trafficking of children.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted the International Trade Union Confederation’s (ITUC) comments that numerous children under 18 years of age took part in armed conflicts in the country, including in the New People’s Army (NPA) and in the Moro Islamic Liberation Front. In this regard, it noted the Government’s indication that it does not condone the recruitment of children in militias and that it was closely collaborating with the United Nations Country Task Force on Monitoring and Reporting (UNCTFMR), UNICEF, and the Council for the Welfare of Children towards capacity-building efforts for the prevention of grave violations of children’s rights, including their protection against recruitment in armed conflict. However, it noted from the report of the Secretary-General on children and armed conflict in the Philippines of 12 July 2013 (S/2013/419), that, in practice, children continued to be recruited and forced to join illegal armed groups or the national armed forces.

The Committee notes the information provided by the Government in its report that in 2013, the President issued Executive Order No. 138, adopting a Comprehensive Programme Framework for Children in Armed Conflict, which provides for the enhancement of the Children in Armed Conflict (CIAC) programme framework. Executive Order No. 138 calls on the national agencies and local government units affected by armed conflict to integrate the implementation of the CIAC programme, including developing, strengthening and enhancing policies to promote the protection and prevention of children in armed conflict. The Committee also notes the Government’s indication that, in February 2016, a workshop was conducted by the Inter-Agency Committee on Children in Situations of Armed Conflict on advocacy and communication plan and development of concepts regarding children in situations of armed conflict (CSAC) which was attended by the representatives of various ministries, the Armed Forces of the Philippines, the Philippine National Police and the Office of the Presidential Adviser on the Peace Process.

The Committee further notes from a report from the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict of 14 September 2016 that following the signing of an action plan between the United Nations and the Moro Islamic Liberation Front in 2009, aimed at ending the recruitment and use of child soldiers, significant progress has been achieved. This report indicates that as of June 2016, the majority of the benchmarks of the Action Plan have been reached and that the Moro Islamic Liberation Front is implementing a four-step process to identify and release all children associated with the military. However, the Committee notes from the Report of the Secretary-General on Children and Armed Conflict (A/70/836-S/2016/360) of 20 April 2016 that the United Nations verified the recruitment and use of 17 children, including five children used as human shields, by the Bangsamoro Islamic Freedom Fighters and two recruited by the NPA, while unverified reports indicated that the Abu Sayyaf Group recruited around 30 children in Basilan. While taking note of the measures taken by the Government, the Committee expresses its concern that children are still being recruited by armed forces and groups. The Committee therefore urges the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use in armed conflict, and proceed with the full and immediate demobilization of all children. It urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed.

Articles 3(d), 4(1) and 7(2)(b). Hazardous work and time-bound measures to provide direct assistance for their removal and rehabilitation and social integration. Child domestic workers. The Committee previously noted the ITUC’s allegations that: (i) hundreds of thousands of children, mainly girls, worked as domestic workers in the Philippines and were subject to slavery-like practices; (ii) 83 per cent of child domestic workers lived in their employers’ home and only half of them were allowed to take one day off per month; (iii) they were on call 24 hours a day, and more than half of them dropped out of school; and (iv) some of the child domestic workers, under 18 years of age, were working in harmful and hazardous conditions while some of them, especially girls, suffered physical, psychological and sexual abuses and injuries. The Committee also noted the ITUC’s allegations that there were at least 1 million children in domestic work in the Philippines. In this regard, the Committee noted the adoption of the Republic Act No. 10361 instituting policies for the protection and welfare of domestic workers, including provisions for their health and safety, daily and weekly rest periods, minimum wage and payment of wages, and the prohibition of debt bondage. Section 16 of this Act sets the minimum age for employment in domestic work at 15 years of age, subject to certain provisions of protection against exploitation set out in Republic Act No. 7610 on the special protection of children against child abuse, exploitation and discrimination.

The Committee notes the following measures taken by the Government in this regard, as indicated in its report:

• -a Roadmap for the Elimination of Child Labour in domestic work and the provision of adequate protection for young domestic workers of legal working age was adopted in 2015 with particular focus on knowledge management and advocacy, capacity building, political action, partnership building and social mobilization;
• -a Joint Memorandum Circular (JMC) on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic worker) was signed in October 2015 by the DOLE, the Department of Social Welfare and Development, the National Bureau of Investigation and the Philippine National Police. The JMC provides guidelines to all concerned agencies for the immediate rescue and rehabilitation of abused or exploited kasambahay nationwide;
• -Department Order No. 149 of 2016 on Guidelines in Assessing and Determining Hazardous Work in Employment of Persons below 18 years of age which was issued in February 2016, lists work and activities which are considered as hazardous to domestic workers below 18 years of age.

The Committee further notes from the Government’s report that in 2011, the court convicted and sentenced a person to six years imprisonment and a fine for trafficking and forcing a 16 year-old girl to be a domestic worker. The Committee urges the Government to strengthen its efforts to ensure that Republic Act No. 10361 is effectively applied and that sufficiently effective and dissuasive penalties are imposed in practice on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions. It also requests the Government to provide information on the implementation of the Roadmap for the Elimination of Child Labour in domestic work and the results achieved. The Committee finally requests the Government to indicate the measures taken to rescue and rehabilitate abused domestic workers following the Joint Memorandum Circular (JMC) on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay and the results achieved in terms of the number of child domestic workers rescued and rehabilitated.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6 of the Convention and Part V of the report form. Programmes of action and application of the Convention in practice. Following its previous comments, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC report), for the World Trade Organization General Council on the Trade Policies of the Philippines of 20 and 22 March 2012, entitled “Internationally recognized core labour standards in Philippines”, that many children are exploited in the worst forms of child labour in the Philippines. In farms and plantations, children make use of pesticides and carry heavy loads. In mines, use of heavy machinery by children has been reported. Girls are usually victims of involuntary domestic servitude, in which case they are often barred from going to school and vulnerable to sexual exploitation. In this regard, the ITUC indicates that the Government is implementing the Philippine National Strategic Framework for Plan Development for Children 2000–25, the National Programme of Action Against Child Labour (NPACL), and phase II of the ILO–IPEC Philippine Time-bound Programme (PTBP) for the years 2009–13, which focuses on child labour in agriculture, mining, fishing, and domestic servitude.

In this regard, the Committee notes the Government’s information that, in the framework of the ABK 2 Initiative Project (a project implemented by World Vision from 2007–11 to combat child labour through education), 30,983 children were provided with assistance: 13,833 in sugarcane plantations; 1,498 in commercial agriculture; 1,917 in fishing; 4,991 in domestic work; 373 in pyrotechnics; 2,209 in mining and quarrying; 4,092 in scavenging; and 2,062 in commercial sexual exploitation. However, the Committee notes the Government’s information that, according to the preliminary results of the 2011 Survey on Children, conducted by the National Statistics Office, an estimated 58.4 per cent of the 5,492 million working children aged 5 to 17 years, that is 3,210 million children, were considered to be in child labour, among whom 2,993 million (54.5 per cent of working children) were identified as working in a hazardous environment, one third of them being girls. The largest number of children in hazardous work were found in farms (55.4 per cent), followed by children working in hazardous work in their own homes (12.2 per cent), in the streets (9 per cent), in the maritime sector (8.9 per cent), in the marketplace (5.1 per cent), in their employer’s house (4.9 per cent), in construction or quarries (1.5 per cent), and in factories (0.7 per cent). While taking note of the Government’s efforts in combating child labour and its worst forms, the Committee expresses its concern at the high number of children engaged in the worst forms of child labour in the Philippines. The Committee, therefore, urges the Government to strengthen its efforts in order to eradicate the worst forms of child labour, as a matter of urgency. In this regard, it requests the Government to continue providing information on the results achieved through the implementation of the various adopted measures, including the PTBP and the NPACL, particularly in terms of the number of children prevented from engaging in, or removed from, the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Ensuring access to free basic education. The Committee previously noted that there was a serious concern about the increasing number of children who were not able to go to school, which was estimated at 4.2 million children. The Committee also noted that there was a high concentration of pupils dropping out in grade one and that the Government struggled to make the final step to universal primary education, reflecting the high levels of marginalization experienced by some social groups. Moreover, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 22 October 2009 (CRC/C/PHL/CO/3-4, paragraph 65), expressed its concern that certain vulnerable groups of children, such as children living in poverty, children with disabilities, working children, children in armed conflict, indigenous children, children infected with, or affected by HIV/AIDS, and street children did not have access to equal education.

The Committee notes the Government’s information that it is making efforts to make basic education more inclusive through various policies. These include the adoption of Republic Act No. 10533 (Enhanced Basic Education Act of 2013), which declares the State’s policy to establish, maintain and support a complete, adequate and integrated system of education, as well as several programmes, such as the ABOT ALAM (integrates programmes for out-of-school youth); programmes on indigenous peoples; Madrasah education (provided 1,067,700 Muslim pupils and students with education in 2012); school health and nutrition programmes; ABK 3 LEAP (combats exploitative child labour in sugar cane areas by increasing children’s access to education); and more. As a result, the Government indicates that the net enrolment rate at the elementary level improved significantly, from 95.96 per cent in 2010 to 97.37 per cent in 2011. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee urges the Government to pursue its efforts to ensure access to, and completion of, free basic education for all children, including children belonging to vulnerable groups. It once again requests the Government to take the necessary measures to reduce school drop-out rates, particularly in early grades, so as to prevent the engagement of children in the worst forms of child labour.

2. Children engaged in drug trafficking. Following its previous comments, the Committee notes the ITUC’s allegation that the use of children in drug trafficking is widespread in the Philippines.

The Committee notes the Government’s information that, to prevent the engagement of minors in drug trafficking, the Philippine Drug Enforcement Agency (PDEA) in close coordination with the Juvenile Justice Welfare Council, instituted drug demand reduction activities, and created the PDEA Desk and regional units for the welfare of children and women involved in illegal drug activities. The Government also indicates that several programmes are being implemented by the Dangerous Drugs Board in order to raise awareness and prevent the youth from becoming victims of drug use and trafficking including, for example, the Trainer’s Training on Drug Abuse Education (DARE), which trains law enforcement officers to teach lessons to children to prevent them from being used as drug couriers. The Committee requests the Government to provide information on the number of children who were prevented from becoming engaged in drug trafficking through the implementation of the abovementioned measures and programmes.

Article 7(2). Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the information contained in the Report of 19 April 2013 of the Special Rapporteur on trafficking in persons, especially women and children, according to which section 23 of the Anti Trafficking in Persons Act (ATIP Act) sets out the mandatory services to be provided by concerned Government agencies to victims of trafficking to ensure their recovery, rehabilitation and reintegration into society (A/HRC/23/48/Add.3, paragraph 53). The Department of Social Welfare and Development (DSWD) is the main agency responsible for providing these services and operates 42 residential care units and temporary shelters, including 11 for trafficking victims in different regions. In addition, several shelters for the care and rehabilitation of victims of exploitation, including trafficking, are in place. The Special Rapporteur visited, for example, Marillac Hills in Manila, a childcare facility providing care and rehabilitation to abused girls, including child victims of trafficking. From 2009 to November 2012, this facility sheltered 255 trafficking victims; most were then reintegrated back into their families. In Cebu, the Special Rapporteur visited the Regional Haven and Her Space, a processing centre for initial assessment and processing of rescued women and girls trafficked for commercial sexual exploitation. This centre, which received 267 child victims from 2007 to October 2012, provides victims with food, clothing, personal care items, temporary shelter, psychological support sessions, orientation on DSWD rehabilitation programmes and services, and more; 249 of these victims were referred to DSWD shelters and 17 reintegrated within their families.

However, the Special Rapporteur observed that care and support provided to victims in the DSWD-run shelters were highly inadequate, due to the low number of employees compared to the number of victims accommodated, and to the lack of funding. Moreover, the majority of local social welfare officers and shelter employees remained inadequately trained, especially regarding assistance to children and victims trafficked for forced labour. Furthermore, the majority of victims are reintegrated into their families and communities, where the services to support their recovery are limited due to local communities’ inadequate capacity to undertake the required monitoring and aftercare programmes necessary for a smooth reintegration. Noting the high prevalence of child victims of trafficking in the Philippines, the Committee urges the Government to strengthen its efforts to protect children under 18 years of age from this worst form of child labour and to provide them with the appropriate services for their rehabilitation and social integration. It requests the Government to provide information on the results obtained in this regard.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. Following its previous comments, the Committee takes note of the report of 19 April 2013 of the Special Rapporteur on trafficking in persons, especially women and children, following her mission to the Philippines (A/HRC/23/48/Add.3). The Special Rapporteur observed that trafficking of persons, mostly women and children, for labour exploitation was proliferating in various sectors, including agricultural, construction, fishing, manufacturing and services industries. In addition, she noted that trafficking in women and children for sexual exploitation is widespread, both cross-border and internally. Exploitation of children, especially girls, for sex tourism is alarmingly common and sometimes socially and culturally tolerated in many areas of the country. While recognizing the current Government’s enormous efforts, the Special Rapporteur noted that, given the prevalence of trafficking, only 1,711 cases were registered by the Inter-Agency Council Against Trafficking (IACAT) from 2005 to January 2013. Furthermore, while noting that the Government made significant efforts to investigate and prosecute trafficking cases, she reported that investigation and arrest of offenders seem to be focused on cases involving sexual exploitation. Of the 106 convictions secured (as of April 2013), very few cases pertain to trafficking for labour exploitation (only two out of the 31 persons convicted in 2011). Furthermore, the Special Rapporteur observed that despite widespread acknowledgement of the problem by government officials, deep-rooted corruption at all levels of law enforcement continues to be a major obstacle in the identification of trafficked persons, as well as a hindrance to the effective investigation of trafficking cases. In numerous cases, law enforcement officials were directly implicated in trafficking cases, which resulted in a deep mistrust of law enforcement officers by trafficked persons.

The Committee notes the Government’s information that the Department of Justice (DOJ) established a case-monitoring programme to detect and address any delays in the resolution of cases of trafficking in persons. Moreover, a comprehensive database of all the cases of trafficking was created, in which the DOJ and the IACAT, established under the Anti-Trafficking in Persons Act No. 9208 of 2003 (ATIP Act), monitors and inventories the cases pending in the Regional Trial Courts of the country. The Government indicates that, between 2005 and 2012, there have been 1,891 cases filed involving trafficking in persons and 103 convictions, involving 113 persons convicted. In addition, the Government indicates that the Department of Labour and Employment (DOLE) Regional Offices also detected several labour cases involving minors, such as in Region VI, where assistance was given to eight minors working as migrant workers in sugar plantations in the preparation of their affidavits and filing of complaints for illegal recruitment and trafficking in persons, or in Region XIII, where 73 trafficking victims were rescued.

While taking note of the measures taken by the Government, the Committee must express its serious concern at the reports of high prevalence of trafficking in children for both labour and sexual exploitation, and at the allegations of corruption from public officials. The Committee therefore urges the Government to intensify its efforts to ensure the elimination in practice of the sale and trafficking of children and young persons under 18 years of age by ensuring that thorough investigations and robust prosecutions of the perpetrators of such acts, including state officials suspected of complicity are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted the International Trade Union Confederation’s (ITUC) comments that numerous children under 18 years of age took part in armed conflicts in the country: the New People’s Army included 9,000 to 10,000 regular child soldiers, and children were reportedly being recruited in the armed opposition groups, in particular the Moro Islamic Liberation Front (MILF). The Committee also noted the information in the annual report of the Special Representative of the Secretary-General for children and armed conflict (SRSG) of 21 July 2011 that, pursuant to the action plan signed by the United Nations and the MILF in 2009, child protection efforts had been translated into concrete action by the MILF (A/HRC/18/38, paragraph 13). However, the Committee noted that the SRSG identified the Philippines as a country where the implementation of action plans was delayed due to a lack of funding and where the reintegration of children formerly associated with armed forces and groups continues to be hampered by the lack of economic opportunities in already poor regions (A/HRC/18/38, paragraph 19).

The Committee notes the Government’s indication that it does not condone the recruitment of children in militias and that it is closely collaborating with the United Nations Country Task Force on Monitoring and Reporting (UNCTFMR), UNICEF, and the Council for the Welfare of Children towards capacity-building efforts for the prevention of grave violations of children’s rights, including their protection against recruitment in armed conflict.

However, the Committee notes that, according to the report of the Secretary-General on children and armed conflict in the Philippines of 12 July 2013 (S/2013/419), in the reporting period of 1 December 2009 to 30 November 2012, the parties to the conflict responsible for the recruitment, use, killing and maiming of children, included the MILF, the New People’s Army, the Abu Sayyaf Group, and the Armed Forces of the Philippines. Moreover, the country task force received reports of 51 incidents of recruitment and use of children which involved at least 59 children (at least 52 boys and seven girls from 10 to 17 years of age). The Committee therefore expresses its concern that children are still being recruited and forced to join illegal armed groups or the national armed forces in practice. The Committee therefore urges the Government to take immediate and effective measures to put an end, in practice, to the forced or compulsory recruitment of children for use in armed conflict, and proceed with the full and immediate demobilization of all children. It urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed.

Articles 3(d) and 4(1). Hazardous work and child domestic work. The Committee previously noted the ITUC’s allegations that hundreds of thousands of children, mainly girls, worked as domestic workers in the Philippines and were subject to slavery-like practices. The ITUC further underlined that 83 per cent of child domestic workers lived in their employers’ home and only half of them were allowed to take one day off per month. They were on call 24 hours a day, and more than half of them dropped out of school. The ITUC also referred to some examples of physical, psychological and sexual abuses and injuries suffered by children under 18 years of age, especially girls employed as domestic workers, and some examples of children working in harmful and hazardous conditions. The Committee also noted the ITUC’s allegations that there were at least 1 million children in domestic work in the Philippines. In this regard, the Committee noted with interest that the Domestic Workers’ Bill was approved on its third and final reading in the Senate, and that this Bill set the minimum age requirement for domestic workers at 18 years of age.

The Committee notes that Republic Act No. 10361 instituting policies for the protection and welfare of domestic workers was adopted in July 2012. The Committee observes that section 16 of this Act sets the minimum age for employment in domestic work at 15 years of age, subject to certain provisions of protection against exploitation set out in Republic Act No. 7610 on the special protection of children against child abuse, exploitation and discrimination. Moreover, the Act institutes policies for the protection and welfare of domestic workers, including provisions for their health and safety, daily and weekly rest periods, minimum wage and payment of wages, and the prohibition of debt bondage. While taking note of the Government’s efforts in regulating domestic work, the Committee reminds the Government that, under Article 3(a) and (d) of the Convention, work done by young persons under 18 years of age under conditions similar to slavery or under hazardous conditions constitutes one of the worst forms of child labour and, under the terms of Article 1, should be eliminated as a matter of urgency. The Committee therefore requests the Government to take immediate and effective steps to ensure that Republic Act No. 10361 is effectively applied, and that sufficiently effective and dissuasive penalties are imposed in practice on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions. It requests the Government to provide information on the number of investigations, prosecutions, convictions, and penal sanctions applied.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee previously noted that schooling is compulsory and free for children aged 6–12 years. The Committee also noted the Government’s indication that the net enrolment ratio at the elementary and secondary level for the year 2006–07 was 83.22 per cent and 58.59 per cent, respectively. However, the Committee also noted the Government’s indication to the Committee on the Rights of the Child (CRC) that there is a serious concern about the increasing number of children who are not able to go to school, currently estimated at 4.2 million children. The Committee noted that the CRC, in its concluding observations of 22 October 2009 (CRC/C/PHL/CO/3-4, paragraph 65), expressed its concern that certain vulnerable groups of children, such as children living in poverty, children with disabilities, working children, children in armed conflict, indigenous children, children infected with, or affected by, HIV/AIDS, and street children did not have access to equal education.

The Committee notes the Government’s statement that it is scaling up the alternative delivery modes of education to ensure that schooling is more inclusive and effective for learners, particularly those in difficult situations and disadvantaged settings. The Government also indicates that it is implementing Mother-Tongue Based Multilingual Education, pursuant to Department of Education Order No. 74 of 2009, as the use of a child’s mother tongue facilitates the learning process. The Committee further notes the Government’s indication that it is implementing several initiatives to facilitate access to education for Muslim children and indigenous peoples. This includes the implementation of a roadmap for upgrading Muslim Basic Education, and the development of a National Indigenous Peoples Education Policy Framework. In addition, the Committee notes information in the Government’s report that it is developing a Department of Education Disaster Risk Reduction and Management Framework, for a holistic approach to support students in conflict-affected and disaster prone areas.

The Committee takes due note of these measures. However, it notes the statement in UNESCO’s Education For All – Global Monitoring Report of 2011 that there is a high concentration of pupils dropping out in grade one and that the Government has struggled to make the final step to universal primary education, reflecting the high levels of marginalization experienced by some social groups (pages 6 and 44). Moreover, this Report states that the share of young people in the Autonomous Region in Muslim Mindanao (a conflict affected region) with less than two years of education is more than four times the national average (page 15). Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to ensure access to free basic education for all children, including children belonging to vulnerable groups. It also requests the Government to take the necessary measures to increase school attendance rates and reduce school drop-out rates, particularly in early grades, so as to prevent the engagement of children in the worst forms of child labour.

Children engaged in drug trafficking. The Committee previously noted that, according to the rapid assessment conducted by ILO–IPEC in 2002, children as young as 8 years of age participate in drug trafficking; the majority of these children are aged 10–15. For the city of Cebu alone, it was estimated that approximately 1,300 children are used for illegal drug trafficking with 80 per cent being male. It also noted that two-thirds of children engaged in drug trafficking were not in school at the time of the survey. The Committee requested the Government to provide information on measures taken to prevent the use of children for drug trafficking.

The Committee notes the Government’s statement that the measures taken to eliminate the worst forms of child labour will include efforts to prevent and eliminate the use of children for drug trafficking. In this regard, the Committee requests the Government to provide information on the specific time-bound measures taken to prevent the engagement of persons under 18 in the trafficking of drugs, particularly in areas where this worst form of child labour is prevalent. It requests the Government to provide information on the results achieved.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the information from the ILO–IPEC regarding the Philippine Time-bound Programme phase II, that the National Statistics Office is undertaking preparations for a National Survey on Working Children in 2011. The Committee requests the Government to provide, in its next report, information from the National Survey on Working Children related to the worst forms of child labour, including the nature, extent and trends of those forms of child labour.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that the sale and trafficking of children under 18 years for labour and sexual exploitation is prohibited by several legislative provisions. However, the Committee noted the allegation of the International Trade Union Confederation (ITUC) that many children are easy targets for trafficking due to the common belief among parents that child domestic labour is the safest work for children. These children then find themselves in a situation of bonded labour where they are forced to endure exploitative work conditions because of the debts they have incurred. The ITUC further indicated that despite training to police and prosecutors on child trafficking, the number of successful prosecutions of trafficking to date was disappointing. Moreover, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 22 October 2009, expressed concern at the high number of women and children who continued to be trafficked from, through and within the country for purposes of sexual exploitation and labour, as well as at the low number of prosecutions and convictions of traffickers (CRC/C/PHL/CO/3-4, paragraph 78).

The Committee notes the information from the Government that the Department of Labour and Employment (DOLE) has issued Administrative Order No. 65 of 2011 to create the Steering Committee Against Trafficking in Persons to serve as an advisory body on policies and programmes to prevent labour-related trafficking of local and overseas Filipino Workers. This Steering Committee will seek to ensure compliance with the Anti-Trafficking in Persons Act No. 9208 of 2003. The Committee also notes the Government’s statement that it is imperative to foster and coordinate efforts between concerned government agencies, local governments and other partners, to ensure the effective prevention of the trafficking of children. In this regard, the Government indicates that it conducted orientation seminars for local officials throughout 2011 to raise awareness on the laws governing overseas recruitment and trafficking. The Government also indicates that it has proposed further orientations in regions where illegal recruitment and human trafficking are prevalent. The Committee further notes the Government’s indication that the DOLE has included, in the proposed Revised Rules and Regulations Governing Recruitment and Placement of Local Employment, a provision requiring recruitment and placement agencies to commit to not engaging in the recruitment or placement of children as provided by legislation prohibiting child trafficking.

The Committee takes due note of measures taken by the Government to combat trafficking in children but observes that this remains an issue of concern in practice. The Committee accordingly requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out. It further requests the Government to provide statistical information on the number of prosecutions, convictions and penalties imposed. Finally, it requests the Government to take the necessary measures to ensure the adoption of the provision of the Revised Rules and Regulations Governing Recruitment and Placement of Local Employment requiring agencies not to engage in the placement or recruitment of children, as prohibited by Acts Nos 9208 and 9231.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that, pursuant to Act No. 7610, the compulsory recruitment of children under 18 years to serve in the Armed Forces of the Philippines (civilian units or other armed groups) is prohibited. However, the Committee noted the ITUC’s comments of 30 August 2006, that numerous children under 18 years continued to take part in armed conflicts in the country: the New People’s Army included 9,000 to 10,000 regular child soldiers, and children were reportedly being recruited in the armed opposition groups, in particular the Moro Islamic Liberation Front (MILF). The Committee further noted the signature of an action plan by the MILF in July 2009, with concrete and time-bound steps to prevent the recruitment of children and promote their reintegration into civilian life. However, the Committee also noted that the CRC, in its concluding observations of 22 October 2009, expressed concern at the continued reports on the recruitment of children by armed groups to serve as combatants, spies, guards, cooks or medics (CRC/C/PHL/CO/3-4, paragraph 69). The CRC expressed further concern that children continued to join armed groups mainly due to poverty, indoctrination, manipulation, neglect or absence of opportunities, and at the lack of effective implementation of the legislation prohibiting the recruitment and use of children in hostilities, including no prosecutions for the recruitment or use of children in armed conflict (CRC/C/OPAC/CO/1 of 15 July 2008, paragraph 20).

The Committee notes the information in the Annual report of the Special Representative of the Secretary-General for children and armed conflict (SRSG) of 21 July 2011 that, pursuant to the action plan signed by the United Nations and the MILF in 2009, child protection efforts had been translated into concrete action by the MILF (A/HRC/18/38 paragraph 13). The Committee also notes the information on the website of the SRSG that the process of identifying child soldiers began in August 2010, and that by April 2011, approximately 600 children from the MILF had been registered by trained community members with the support of UNICEF. Efforts would be made to ensure that these children have access to basic services such as education, health and community programmes to prevent recruitment. The Committee further notes the information from the Annual report of the SRSG that, in April 2011, the SRSG met with high level representatives of the Government Peace Panel of the National Democratic Front of the Philippines (NDFP–NPA) to support the negotiation and development of an action plan with the NDFP–NPA on the recruitment and use of children within its ranks. This report indicates that NDFP–NPA representatives agreed to continue the talks and to start negotiations on the provisions of an action plan (A/HRC/18/38, paragraph 46).

Lastly, the Committee notes that the SRSG has identified the Philippines as a country where the implementation of action plans has been delayed due to a lack of funding and where the reintegration of children formerly associated with armed forces and groups continues to be hampered by the lack of economic opportunities in already poor regions (A/HRC/18/38, paragraphs 18 and 19). The Committee requests the Government to strengthen its efforts to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict is eliminated within the country. In this regard, it urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed. The Committee also requests the Government to pursue and support efforts to ensure that children under 18 years are released from the ranks of all armed groups within the country, and that these children are rehabilitated and reintegrated into their communities.

Article 3(d) and Article 4(1). Hazardous work and child domestic work. The Committee previously noted that children under 18 years of age are prohibited to perform the types of hazardous work listed in Department Order No. 4 of 1999 (section 3). However, it noted that, by virtue of section 4 of the same Order, persons aged 15–18 years may be allowed to engage in domestic or household service. In this regard, the Committee noted the ITUC’s allegation that hundreds of thousands of children, mainly girls, worked as domestic workers in the Philippines and were subject to slavery-like practices. Particularly, these children were deprived of opportunities for education and isolated from their families, as 83 per cent of child domestic workers lived in their employers’ home, and were given little time off. The ITUC underlined that the Domestic Workers’ Bill (Batas Kasambahay), would be a vital step in addressing the abuse and exploitation of child domestic workers in the Philippines. The Committee noted the Government’s indication that the Domestic Workers’ Bill was under deliberation.

The Committee notes with interest the information in the Government’s report that the Domestic Workers’ Bill has been approved on its third and final reading in the Senate, and that this Bill sets the minimum age requirement for domestic workers at 18 years of age. The Committee also notes the Government’s statement that through the ABK 2 Initiative Project (a project implemented by World Vision during 2007–11 to combat child labour through education), a total of 4,948 children in domestic labour were assisted. Lastly, the Committee notes that, within the framework of the second phase of the ILO–IPEC assisted Philippine Time-bound Programme (PTBP) (for the years 2009–13), targeted beneficiaries include child domestic workers. The Committee requests the Government to take measures to ensure, in the very near future, the adoption of the Domestic Workers’ Bill providing a minimum age of 18 years for domestic work. It also requests the Government to pursue its efforts, within the framework of the ABK 2 Initiative and the PTBP, to protect persons under 18 years from domestic work in the form of forced labour or hazardous domestic work, and to provide information on the results achieved.

Articles 5 and 7(1). Monitoring mechanisms and penalties. The Committee previously noted the establishment of the Inter-Agency Quick Action Team under the Sagip Batang Mangagagawa (SBM), an inter-agency mechanism to monitor and rescue children from the worst forms of child labour.

The Committee notes the information in the Government’s report that the SBM Quick Action Teams conducted a total of 845 rescue operations and rescued a total of 2,980 child labourers from hazardous and exploitative work between 2003 and the first half of 2011. Moreover, the Government states that, through inspections, the DOLE removed two child labourers from a sugar cane farm in Batangas Province. The Committee also notes the Government’s indication that charges have been filed against two persons with relation to the trafficking of 17 women and 1 minor in Cagayan de Oro City. The Government’s report also contains information regarding the conviction of two persons for engaging a child in prostitution in two cases involving four children (both boys and girls). The Government indicates that one of the perpetrators was given a penalty of 10 to 12 years imprisonment for each offence. The Committee further notes the Government’s indication that since 2003, the DOLE has permanently closed 26 establishments which had employed 113 children for prostitution or obscene performances. Taking due note of the significant number of children removed from the worst forms of child labour, the Committee urges the Government to ensure that all persons found to be engaging such children in these worst forms are penalized with sufficiently effective and dissuasive penalties. In this regard, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for all cases involving child trafficking, the commercial sexual exploitation of children and the engagement of children in hazardous activities.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Ensuring access to free education. The Committee had previously noted that schooling is compulsory and free for children aged 6–12 years. It had also noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.259, 3 June 2005, paragraph 68), expressed its grave concern at the barangays which were not able to provide children with elementary education. The Committee notes the statistical data provided by the Government on the school enrolment and drop-out rates estimated by the Department of Education. According to this data, the net enrolment ratio (NER) at the elementary and secondary level for the year 2006–07 was 83.22 per cent and 58.59 per cent, respectively. With regard to school drop-out rates, in 2006–07 the school drop-out rate in the elementary level was 6.37 per cent, and at the secondary level it was 8.55 per cent. The Committee observes that the school drop-out rates fell by 0.96 per cent at the elementary level and by 3.96 per cent at the secondary level.

The Committee notes the Government’s statement that the World Vision, under its Pag-aaral ng Bata para sa Kinabukasan (ABK) initiative in support of the Philippines Time-bound Programme (PTBP), provided educational assistance to 12,563 child labourers for school year 2004–05 and 13,142 child labourers were enrolled in schools in 2005–06. Moreover, under the ABK-2 (2007–11) 30,000 children engaged in or at risk of the worst forms of child labour will be provided with educational assistance. The Committee also notes the Government’s statement that, among the various programmes and projects implemented for the protection of displaced children, with the assistance of UNICEF, the Office of the Presidential Adviser on the Peace Process (OPAPP), the Departments of Health and Education implemented the Days of Peace campaign, which also provided basic school supplies to displaced children. It further notes the Government’s statement that within the framework of the UNICEF Country Programme for Children 2005–09, more than 20,000 children in 64 conflict-affected barangays were provided with basic services, including basic education and technical, vocational training and education. Moreover, 3,000 children in the conflict-ridden regions of Sulu, Samar, Surigao del Sur, Quezon, North Cotabato and Maguindanao were provided with school packs. The Government further states that the Child Hope Asia Philippines (CHAP) which addresses the needs of street children, implement the street education programme wherein about 2,500 street children are helped yearly, through education, particularly alternative education and vocational skills and training.

In its report to the Committee on the Rights of the Child (CRC/C/PHL/3-4, of 20 March 2009, paragraph 221), the Government stated that in 2006, the Department of Education pursued a package of policy reforms referred to as Basic Education Sector Reform Agenda (BESRA) which will enable the sector to attain the EFA goals by 2015. However, the Committee notes the Government’s indication to the Committee on the Rights of the Child that there is a serious concern about the increasing number of children who are not able to go to school which is currently estimated at 4.2 million. The Committee finally notes that the Committee on the Rights of the Child, in its Concluding Observations of 22 October 2009 (CRC/C/PHL/CO/3-4, paragraph 65) expressed its concern that certain vulnerable groups of children, such as children living in poverty, children with disabilities, working children, children in armed conflict, indigenous children, children infected with, or affected by, HIV/AIDS, and street children do not have access to equal education. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure access to free basic education for all children, including children belonging to vulnerable groups. It also requests the Government to take the necessary measures to increase school attendance rates and reduce school drop-out rates at the elementary and secondary level so as to prevent the engagement of children in the worst forms of child labour. The Committee finally requests the Government to provide information on the measures taken in this regard, and their impact.

2. Children engaged in drug trafficking. The Committee had previously noted that, according to the rapid assessment conducted by ILO–IPEC (February 2002, pages xi and 26), children as young as 8 years of age participate in drug trafficking; the majority of these children are aged 10–15. For the city of Cebu alone, it was estimated that approximately 1,300 children are used for illegal drug trafficking with 80 per cent being male. It had also noted that two-thirds of children engaged in drug trafficking were not in school at the time of the survey and that about 43 per cent of them would have been interested in going back to school. The Committee had noted that an ILO–IPEC one-year action programme entitled “Integrated community-based drug prevention program for at-risk children in Barangay 91, Pasay City” was launched in 2003 to prevent and eliminate the use of children under 18 years of age in the production, sale and trafficking of drugs. The Committee notes the information provided by the Government on the various programmes and awareness-raising campaigns initiated by the Government against drug abuse by children and to prevent them from being involved in the evils of illegal drugs. These initiatives include: awareness-raising programmes by the Philippine Drug Enforcement Agency; Project Himagsik; Barkadahan Kontra Droga; and Kontra Droga, 2004. The Committee requests the Government to indicate whether these measures also envisaged to prevent and eliminate the use of children for drug trafficking. It also requests the Government to provide information on any other measures taken or envisaged to prevent the use of children for drug trafficking. It finally requests the Government to provide information on the impact of the
ILO–IPEC action programme on preventing and eliminating the use of children for drug trafficking in Pasay City.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that the Sagip Batang Manggagawa mechanism to rescue child labourers has been operational in 16 regions around the country. From 1998 to 2008, a total of 806 rescue operations were conducted with a total of 2,711 child labourers rescued. It also notes the Government’s statement that, as of June 2009, the Department of Labour and Employment has closed down 15 establishments which employed 46 minors in prostitution or lewd or obscene performances. The Committee requests the Government to continue providing information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report. It also notes the communication of the International Trade Union Confederation (ITUC) dated 29 August 2008 and the Government’s reply thereto.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee had noted that the sale and trafficking of children under 18 years for labour and sexual exploitation is prohibited by the Philippine legislation under various provisions (sections 7 and 18 of Act No. 7610; section 4 of the Anti-trafficking in Persons Act No. 9208 of 2003 (Republic Act 9208); section 59 of the Child and Youth Welfare Act). It had noted that the Government adopted a number of measures aimed at preventing and combating the trafficking of children, such as:

(i)    the adoption of Administrative Order No. 114 aimed at screening the purpose of the travel of a child abroad and ensuring that the child’s best interest is protected before the issuance of a certificate to travel;

(ii)    amendments made to the Rules governing private recruitment and placement agencies to local employment by introducing provisions against child trafficking;

(iii)   Ordinances to implement the Anti-trafficking in Persons Act of 2003 in the local communities;

(iv)   Ordinance No. SP-1472 aimed at preventing and combating trafficking for the purpose of exploitation in domestic work; and

(v)   the rules issued by the Philippine Overseas Employment Agency for overseas Filipino households to protect them from trafficking and widespread employer abuse.

It had further noted that the Visayan Forum Foundation (VFF) had initiated the organization of a multi-sectoral network against trafficking in October 2003.

The Committee notes the ITUC’s allegation that many children are easy targets for trafficking because of the common belief among parents that child domestic labour is the safest work for children. These children then find themselves in a situation of bonded labour where they are forced to endure exploitative work conditions because of the debts they have incurred. The Committee also notes the ITUC’s contention that in the Visayan Forum-Philippine Ports Authority Port Halfway House, a safe house that provides protection and direct services to victims and potential victims of trafficking, 75 per cent of the 4,000 women and children provided with assistance were recruited for domestic work. The ITUC further alleges that, in April 2009, nine domestic workers who sought refuge in the Philippine embassies were repatriated from Jordan, the youngest of whom was 13 years old. The Committee also notes the ITUC’s comment that given that 230 members of the Philippine National Police (PNP) have been trained for the investigation of child trafficking and that there are 17 dedicated anti-trafficking prosecutors in the Department of Justice (DOJ), the number of successful prosecutions of trafficking to date is disappointing.

The Committee notes the Government’s statement that it continues to undertake initiatives to prevent and combat the trafficking of children, in particular for domestic work in coordination with the VFF through its Kasambahay (House-helpers) Programme. This programme provides for immediate responses to child domestic workers at risk, psychological services to child victims of trafficking in temporary shelters and eventual reintegration with their families or other foster institutions; and systematic coordination with school administrations and other partners to assist child domestic workers who combine work and study, as a strategy to prevent them from becoming involved in other worst forms of child labour. Furthermore, the Government and the VFF in collaboration with the Philippines Ports Authority opened a halfway house in different seaports across the country to assist and protect women and children stranded at the port and thus prevent the possibility of trafficking. These halfway houses offered 24‑hour services including:

(i)    emergency temporary shelter;

(ii)    information about travel, employment and possible support networks;

(iii)   quick referral cases, including legal remedy;

(iv)   counselling;

(v)   regular outreach for stranded passengers; and

(vi)   training and advocacy to port community members such as the police, coastguards, shipping crews, porters and security guards.

The Government further states that the Anti-Trafficking Task Force at the ports enables the effective and coordinated responses for the investigation, rescue and removal, prosecution, healing and reintegration of victims of human trafficking. The Committee also notes the Government’s statement that the Department of Labour and Employment (DOLE), DOJ, and the Department of Social Welfare and Development (DSWD) along with its regional offices, cooperate and coordinate well in providing assistance, guidance in prosecution, reintegration, locate and coordinate with the family and repatriation of child victims of trafficking.

The Government further states that in cooperation with Asia Acts against Child Trafficking, (Asia ACTS) since 2001, several campaigns and training activities against child trafficking were conducted in 30 provinces which led to the discovery of several child trafficking cases. The Committee notes the Government’s statement that following the Asia ACTS campaign, the Government signed in 2006 a Presidential Proclamation declaring December 12 as the National Day against Child Trafficking. It further states that the DOLE signed a Memorandum of Understanding with the Public Employment Service Office (PESO) in order to strengthen their partnership in controlling illegal recruitment in the country. The Committee further notes the Government’s indication that the DOLE is currently reviewing the proposed amendments of the revised rules and regulations governing private recruitment and placement agencies for local employment, which also includes a provision requiring the employment agencies not to engage in the recruitment and placement of workers that are in violation of the provisions of Republic Act 9208 and Republic Act 9231 (Child Labour Law).

The Committee notes, however, that in its Concluding Observations of 22 October 2009 (CRC/C/PHL/CO/3-4, paragraph 78), the Committee on the Rights of the Child while noting the various legislative, administrative and policy measures adopted by the State party for combating child trafficking, expressed concern at the high number of women and children who continued to be trafficked from, through and within the country for purposes of sexual exploitation and labour. It further expressed concern at the low number of prosecutions and convictions of traffickers and at the existing risk factors contributing to trafficking activities, such as persistent poverty, temporary overseas migration, growing sex tourism, impunity and weak law enforcement in the State party.

The Committee takes due note of the comprehensive measures taken by the Government to combat trafficking in children. It nevertheless observes that although the law prohibits the trafficking of children for labour and sexual exploitation, it still remains an issue of concern in practice. The Committee therefore requests the Government to redouble its efforts to prevent and combat the trafficking of children under 18 years for labour or sexual exploitation and to provide information on progress made in this regard. It also requests the Government to provide information on the impact of the pending projects on trafficking in eliminating the trafficking of children. The Committee finally requests the Government to take the necessary measures for the effective implementation of the Anti-Trafficking in Persons Act, and other laws which prohibit trafficking of children and which provide for penalties for the offences related to trafficking of children.

Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that the compulsory recruitment of children under 18 years to serve in the Armed Forces of the Philippines (civilian units or other armed groups), as well as to take part in fighting or to be used as guides, couriers or spies, is prohibited by law (sections 3(a) and 22(b) of Act No. 7610). The trafficking of children for such purposes is also prohibited (section 4(h) of Republic Act 9208). The Committee had nevertheless noted the ITUC’s comments dated 30 August 2006, that numerous children under 18 years continued to take part in armed conflicts. The New People’s Army (NPA) included 9,000 to 10,000 regular child soldiers (representing between 3 and 14 per cent of NPA members). The ITUC had further stated that children were reportedly being recruited into the Citizens Armed Force Geographical Units (a government‑aligned paramilitary group) and in the armed opposition groups, in particular the Moro Islamic Liberation Front (MILF). Moreover, the Committee had observed that, according to the United Nations Secretary-General’s Report on children and armed conflict (A/59/695-S/2005/72, 9 February 2005, paragraphs 45 and 46), even though the Inter-Agency Committee for Children Involved in Armed Conflict was mandated to initiate projects for the rescue, rehabilitation and reintegration of children involved in armed conflict, as of September 2004, no measures for the disarmament, demobilization and reintegration of child soldiers had been taken by the NPA or the MILF. The Committee had requested the Government to take prompt and effective action to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict, directly or indirectly, is eliminated both in the national armed forces and in rebel groups.

The Committee notes the Government’s indication that it has implemented a National Peace Plan through the Medium-Term Philippine Development Plan (2004–10) in order to prevent and stop the recruitment of children in armed hostilities. This plan includes:

(i)    the peace process with MILF through cessation of hostilities, rehabilitation and development of conflict-affected areas;

(ii)    implementation of the interim peace agreements with two local communist movements, particularly in terms of rehabilitation of conflict affected communities, cessation of hostilities, and reintegration;

(iii)   continuous monitoring of and advocacy on the implementation of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Philippine Government and the Communist Party of the Philippines-New Peoples Army-National Democratic Front;

(iv)   complementary measures to reduce the level of violence by supporting the local and indigenous peacemaking and peacekeeping mechanisms and supporting the implementation and civilian monitoring of ceasefire agreements;

(v)   efforts to complete the implementation of the existing peace agreements with Islamic MILF and the Cordillera Peoples Liberation Army (CPLA);

(vi)   efforts to mainstream former rebels through reintegration and rehabilitation programmes by creating the National Committee on Social Integration under the Office of the Presidential Adviser on the Peace Process; and

(vii)  measures for the rehabilitation, development and healing of conflict-affected people.

The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/PHL/CO/3-4, of 22 October 2009, paragraph 69) welcomed the visit by the Special Representative of the Secretary‑General for Children and Armed Conflict to the Philippines, and the signature in July 2009, of an action plan by the MILF with concrete and time-bound steps to prevent the recruitment of children and promote their reintegration into civilian life. Nevertheless, the Committee on the Rights of the Child, while noting the positive steps taken by the Government, expressed concern at the continued reports on the recruitment of children by armed groups to serve as combatants, spies, guards, cooks or medics. The Committee, notes, however, that the Committee on the Rights of the Child, in its Concluding Observations under the Optional Protocol to the CRC on the involvement of Children in Armed Conflict (CRC/C/OPAC/CO/1 of 15 July 2008, paragraph 20) expressed its concern that children continued to join armed groups mainly due to poverty, indoctrination, manipulation, neglect or absence of opportunities. It further expressed concern at the lack of effective implementation of the legislation prohibiting the recruitment and use of children in hostilities especially in conflict areas, and at the fact that there have been no prosecutions for the recruitment or use of children in armed conflict. The Committee therefore urges the Government to intensify its efforts to improve the situation and to take immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups and the armed forces. In this regard, it requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed in practice. It further requests the Government to pursue its efforts to rehabilitate and integrate children affected by the armed conflict, and to indicate how many of these children under 18 years have been rehabilitated and reintegrated in their communities through such measures.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work and child domestic work. The Committee had previously noted that children under 18 years of age shall not perform the types of hazardous work listed in Department Order No. 4 of 1999 (section 3). It had also noted that, by virtue of section 4 of the same Order, persons aged 15–18 years may be allowed to engage in domestic or household service, but shall not perform the types of hazardous work listed in section 3 of the Order. The Committee had noted the ITUC’s allegation that hundreds of thousands of children, mainly girls, worked as domestic workers in the Philippines and were subject to slavery-like practices. Particularly, these children were deprived of opportunities for education and isolated from their families. The ITUC further underlined that, based on a study undertaken under the ILO–IPEC Time-bound Programme (TBP), 83 per cent of child domestic workers lived in their employers’ home and only half of them were allowed to take one day off per month. They were on call 24 hours a day, and more than half of them dropped out of school. The Committee also notes the ITUC’s more recent allegations dated 29 August 2008 based on the estimates provided by the VFF, that there are at least one million children in domestic work in the Philippines. The ITUC also refers to some examples of physical, psychological and sexual abuses and injuries suffered by children under 18 years, especially girls employed as domestic workers and some examples of children working in harmful and hazardous conditions. The ITUC once again points out that, notwithstanding the positive initiatives taken by the Government at the level of local legislation regulating the employment of domestic workers, there are limitations in both law and practice which need to be addressed as a matter of urgency. Particularly, while the Labour Code requires employers to treat their domestic workers fairly and humanely, it lacks specific measures to tackle existing exploitative practices. In this regard, the ITUC underlines that the Domestic Workers’ Bill (Batas Kasambahay), first filed in Congress in 1995, which sets out the rights of domestic workers and defines for them decent working standards, has remained pending for over ten years. According to the ITUC, the enactment of this Bill would be a vital step in addressing the abuse and exploitation of child domestic workers in the Philippines. It further points out that according to a survey of 2005 conducted by the Social Weather Station, 87 per cent of the Filipinos strongly agreed that there should be a law addressing the domestic work sector.

The Committee notes the Government’s statement that the Domestic Worker’s Bill has been filed during the 14th congress and is currently under deliberation by the House Committee on Labour and Employment. The Committee also notes the Government’s detailed information on the impact of several initiatives and programmes undertaken within the ILO–IPEC assisted Philippine Time-bound Programme (PTBP) 2002–07 and other national programmes, on eliminating the worst forms of child labour, including child domestic work. It notes the Government’s indication that under the PTBP, as of April 2007, a total of 40,549 children were withdrawn or prevented from the six priority sectors identified under this TBP, including child domestic work. The Committee also notes that the Philippines has stepped into a second phase of the PTBP for the years 2009–13, which aims to work towards 75 per cent reduction in child labour, with a main focus on agriculture, trafficking, mining, fishing and domestic labour. While observing the various efforts undertaken by the Government to combat child domestic work and the successful results achieved under the PTBP and other initiatives, the Committee expresses its serious concern at the economic and sexual exploitation which continues to be experienced by child domestic workers. The Committee urges the Government to take immediate measures to ensure the adoption of the Domestic Workers’ Bill (Batas Kasambahay) which would specifically address the situation of domestic workers. It also requests the Government to take the necessary measures as a matter of urgency to ensure that anyone who uses the domestic labour of children under 18 years in the form of forced labour, or who employs children in hazardous work, is prosecuted and that effective and sufficiently dissuasive penalties are imposed. It finally requests the Government to provide information on the results achieved in terms of the prevention and withdrawal of children from domestic labour under the PTBP – Phase II.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that the Inter-Agency Council Against Trafficking (IACAT) continues to undertake different projects geared towards the prevention and elimination of trafficking in persons, protection and rehabilitation of victims of trafficking and conviction of offenders of trafficking. These projects include the: (a) development of a manual on the law enforcement and prosecution of trafficking in persons cases, and on the recovery and reintegration of victims of trafficking; (b) development of standards orientation module on trafficking in persons for service providers; (c) establishment of Ninoy Aquino International Airport Task Force against Trafficking; (d) development of a local ordinance on anti-trafficking in persons project; (e) development of guidelines for the protection of trafficked children; and (f) creation of a regional inter-agency committee against trafficking. The Committee also notes the Government’s indication that as of October 2009, the IACAT has recorded 15 convictions for violation of Republic Act 9208. It further states that the IACAT ensures strict enforcement of the rules and guidelines related to the local and overseas employment of persons. It also submits periodical reports of cases of illegal recruitment and trafficking to the IACAT Secretariat and the Department of Justice.

The Committee also notes the Government’s indication that as of June 2008, the Inter-Agency Quick Action Team established under the Sagip Batang Mangagagawa (SBM – an inter-agency mechanism to monitor and rescue children from the worst forms of child labour), conducted a total of 793 rescue operations which resulted in the rescue of 2,698 child labourers. Most of these children were integrated into their families and provided thereafter with educational assistance and skills training.

The Committee further notes the Government’s indication that the DOLE, through the Bureau of Women and Young Workers conducted in February 2009, a series of advocacy orientations on Republic Act 9231, Republic Act 9208 and other child labour-related laws for about 270 village chiefs (barangay) followed by a series of training for labour inspectors, hearing officers and sheriffs on the effective enforcement of these legislations. These activities were aimed at strengthening the capacities of law enforcers and other implementers to effectively utilize and enforce anti-child labour laws towards prevention and elimination of child labour and its worst forms. The Committee finally notes that the DOLE through its labour inspectors, monitors the compliance of labour standards relating to children in private establishments, as well as coordinates with the PNP and the DSWD to remove children found in the worst forms of child labour. The DOLE, through its Labour Standard Enforcement Framework (LSEF) conducts inspections of households to monitor any violation of labour standards, including non-payment or under-payment of household salaries. The Government further states that the DOLE also assists working children and their parents or guardians with free legal services, facilitates with the provision of educational assistance and health services, provides livelihood assistance to parents and older siblings, and refers working children and victims of child labour to proper agencies of institutions for psychological services. The Committee requests the Government to continue providing information on the number of children rescued from the worst forms of child labour, the number of convictions recorded related to the worst forms of child labour, and the number of cases of illegal recruitment and trafficking of children reported by the IACAT. The Committee also requests the Government to indicate the impact of the various measures undertaken by the DOLE to eliminate the worst forms of child labour, and on the number of violations of child labour laws detected by the DOLE through the labour inspectors and LSEF.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Children working in agriculture. The Committee had previously observed that the Philippine legislation establishes that no child under 18 years of age shall be engaged in hazardous work (section 139(c) of the Labor Code and section 12D of Act No. 7610). The Committee had noted that the Government adopted various measures aimed at preventing and combating the employment of children in hazardous work in agriculture. Particularly, it had noted that sugar cane plantations were identified as one of the priority areas under the Time-bound Programme (TBP) on the elimination of the worst forms of child labour launched in June 2002 with the assistance of ILO/IPEC. It had also noted that one of the objectives of the Project on Eliminating Child Labour in the Tobacco Industry is to ensure that children of tobacco farmers in the province of Ilocos Norte, Ilocos Sur, La Union and Pangasinan do not perform hazardous work on tobacco plantations. To this end, advocacy campaigns were launched in 2005 targeting thousands of children, parents and employers.

The Committee notes the Government’s information that, in celebration of the World Day against Child Labour for 2007, the National Child Labor Committee led by the Department of Labor and Employment (DOLE) conducted in June 2007 a Forum on Child Labour in Agriculture aimed at raising awareness of the plight of child labourers in agriculture and taking action to ensure that children do not carry out hazardous work in agriculture. The Forum also served as a venue for sharing some programme initiatives to eliminate child labour in sugar cane and tobacco plantations. The highlight of the Forum was the signing of a “Call to Action” to end child labour in agriculture between the DOLE, the Department of Agriculture, the Department of Agrarian Reform (representing the Government); the Trade Union Congress of the Philippines and the Federation of Free Workers (representing the workers); and the Employers’ Confederation of the Philippines (representing the employers). The Committee notes with interest that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 6,934 children have been prevented and 12,659 withdrawn from exploitative work in sugar plantations through the provision of educational and training or other non-education related services (including counselling, basic health care, rehabilitation support and assistance for reintegration into society). The Committee requests the Government to provide information on the concrete measures taken pursuant to the signing of the “Call to Action” to ensure that children do not carry out hazardous work in agriculture.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour.
1. Awareness-raising campaigns. Following its previous comments, the Committee notes with interest the Government’s information that the following awareness-raising initiatives were launched targeting the worst forms of child labour:

(a)   media advertisements on the worst forms of child labour and on provisions of Act No. 9231;

(b)   a DVD series produced by UNICEF and ILO/IPEC featuring four priority worst forms of child labour (mining, work in sugar cane plantations; domestic labour and commercial sexual exploitation);

(c)   five anti-child-labour shows in Manila organized by the Trade Union Congress of the Philippines and reaching about 20,000 people;

(d)   local level orientation at the barangay level, reaching 185,052 individuals and 3,868 organizations in 2,565 villages and 15 regions;

(e)   an IPEC-supported action programme entitled “Media Advocacy and Campaign against the Worst Forms of Child Labor in Camarines Norte” (province with high incidence of children engaged in small-scale mining, domestic labour and commercial sexual exploitation).

2. Education. The Committee had previously noted that schooling is compulsory and free for children aged 6–12 years. The enrolment rate in elementary schools was 91 per cent according to an ILO/IPEC rapid assessment of 2002. The Committee had noted that various programmes were launched between 1998 and 2004 in order to contribute to bringing child workers and other vulnerable children to school. The Committee, however, had noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/RESP/84, written replies, 22 April 2005, page 12) that access to elementary education was non-existent in 1,608 barangays (villages). It had noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.259, 3 June 2005, paragraph 68), expressed its grave concern at the barangays which were not able to provide children with elementary education. The Committee on the Rights of the Child also expressed concern about the vulnerable groups of children such as children living in poverty, child labourers, children in armed conflicts, indigenous children, children infected with or affected by HIV/AIDS and street children who do not have equal access to elementary education. The Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, the Education for All (EFA) National Plan 2015, has been approved in January 2006. One of the main objectives of this plan is the provision of basic education for all through alternative learning systems. Moreover, a number of other initiatives, including the Open High School Program and the DOLE programme for building of schools in child-labour-affected communities entitled “Classroom from Filipinos Abroad”, were taken by the Government in order to contribute to the accomplishment of the EFA 2015. The Committee requests the Government to provide information on the impact of these measures on providing free basic education to all children, especially the vulnerable groups of children mentioned above and those living in remote areas. It also requests the Government to provide updated statistical data on school attendance and school drop-out rates.

3. Commercial sexual exploitation of children. Following its previous comments, the Committee notes the Government’s information that the Subcommittee on the Prevention of Sexual Abuse and Commercial Sexual Exploitation of Children (SACSEC) under the Council for the Welfare of Children, conducted a strategic planning workshop in October 2006 to come up with a strategic plan for the period 2007–10 to respond to the goals of the Framework of Action against the Commercial Sexual Exploitation of Children, aimed at preventing and controlling the growth of the commercial sexual exploitation of children. For 2007, the priority activities of the SACSEC include: learning courses on SACSEC issues; reviewing and enhancing procedures of surveillance, detection and rescue of children; advocacy on SACSEC in mainstreaming to local development plans in targeted areas; enhancing the database management system. The Committee also notes the Government’s information that the Department of Tourism (DOT), in partnership with Child Wise Tourism Australia, has adopted the “Child Wise Tourism in the Philippines” programme and continues to enjoin hotels, resorts, tour operators and other actors of the private tourism industry to report suspected cases of child sex tourism. Maximizing its existing partnership, the DOT trains the private sector on how to detect cases and where to report them. Moreover, according to the Government, the “End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes” (ECPAT-Philippines) implements the project “Continuing Community Empowerment against Sexual Exploitation of Children”. This project aims to raise community awareness on trafficking of children in selected high-risk communities and seeks to empower children through development workshops. The Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 1,274 children have been prevented and 1,850 withdrawn from commercial sexual exploitation through the provision of educational or other non-education related services.

4. Children engaged in drug trafficking. The Committee had previously noted that, according to the rapid assessment conducted by ILO/IPEC (February 2002, pages xi and 26), children as young as 8 years of age participate in drug trafficking; the majority of these children are aged 10–15. For the city of Cebu alone, it was estimated that approximately 1,300 children are used for illegal drug trafficking with 80 per cent being male. The Committee had noted that two-thirds of children engaged in drug trafficking were not in school at the time of the survey and that about 43 per cent of them would have been interested in going back to school. The Committee had noted that an ILO/IPEC one-year action programme entitled “Integrated community-based drug prevention program for at-risk children in Barangay 91, Pasay City” was launched in 2003 to prevent and eliminate the use of children under 18 years of age in the production, sale and trafficking of drugs. The Committee once again asks the Government to provide information on the impact of the ILO/IPEC action programme on preventing and eliminating the use of children for drug trafficking in Pasay City. It also once again asks the Government to provide information on any similar programmes taken or envisaged in other cities of the Philippines to prevent the use of children for drug trafficking.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration.
1. Children working in the tobacco industry. The Committee had previously noted that the DOLE and the NGO “Eliminate Child Labour in Tobacco-Growing Foundation (ECLT)” signed in May 2003, a Memorandum of Agreement for the Elimination of child labour in the tobacco industry. The two-year project – which targeted child workers aged 7–17 years working in Ilocos Norte, Ilocos Sur, La Union and Pangasinan provinces – involved the parents of child labourers, local officials, governmental agencies, trade unions, tobacco growers and suppliers and NGOs. The Committee noted that the project was extended to March 2006. It had noted that educational assistance and other rehabilitative measures, had been provided to 100 selected children aged 7–17 years working in the tobacco industry. The Committee notes the Government’s information that, in October 2006, the Geneva-based Eliminate Child Labour in Tobacco Growing (ECLT) Foundation approved the proposal for a Phase II of the ECLT Project. According to the Government, Phase II is being implemented for another two years (2007–08) and targets 286 children aged from 7 to 17 years involved in the tobacco farming and their families. Target areas are still the provinces of Ilocos Norte, Ilocos Sur, La Union and Pangasinan. Major components of the projects are the provision of educational assistance to children and livelihood assistance to their parents.

2. Children working in mines and quarries. The Committee had previously noted that a programme entitled “Call to Action” was signed in 2005 between the DOLE, the Department of Environment and Natural Resources and the Presidents of the Trade Union Congress of the Philippines and the Employers’ Confederation of the Philippines to eliminate child labour in mining and quarrying by 2015. The Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 443 children were prevented and 1,487 withdrawn from mining and quarrying through the provision of educational and non-education related services. The Committee once again requests the Government to provide information on the concrete measures taken under the “Call to Action” programme to withdraw and rehabilitate children working in mines and quarries as well as the results achieved.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that, under the TBP, 11,963 children have been prevented and 17,425 withdrawn from exploitative child labour through the provision of educational services or training opportunities. Moreover, 6,449 children have been prevented and 5,354 withdrawn from exploitative child labour through the provision of other non-education related services.

Clause (d). Identifying and reaching out to children at special risk.
1. Deep-sea fishing. Following its previous comments, the Committee notes the Government’s information that the agreement signed between the DOLE and the owners of three major fishing corporations has contributed to prevent children from participating in deep-sea fishing. Community-level mechanisms have also been installed to prevent the recruitment of children in hazardous work such as deep-sea fishing. The Committee notes the Government’s statement that co-opting employers through binding agreements can be an effective strategy in the advocacy for the elimination of child labour. It also notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 3,109 children were prevented and 1,643 withdrawn from exploitative fishing work through educational and non-education related services.

2. Street children. The Committee had previously noted that, according to the ITUC’s report for the World Trade Organization General Council (Review of the trade policies of the Philippines, 29 June 2005), approximately 200,000 children lived and worked on the streets, including in drug trafficking. It notes the Government’s information that a National Network for Street Children, an inter-agency body composed of relevant national government agencies, NGOs, and local task forces in 32 cities nationwide, has been in existence for about 20 years to address the plight of street children. With the devolution of services for street children to the local governmental units, the local task forces became directly responsible for coordinating and monitoring programmes and services for street children at the city and village levels. Several protective and rehabilitative services have been provided by the agencies of the national network and by local task forces to street children. These services include: education, vocational training, and other alternative learning schemes; counselling and psychological services; legal and judicial protection services.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Trade Union Congress of the Philippines performs child labour monitoring as one of its contributions to the elimination of the worst forms of child labour. As of October 2006, it had withdrawn 60 child labourers from three sugar cane plantations in Negros Oriental. It rescued six girls from prostitution and prevented the employment of 100 children in the sex industry. The Committee notes with interest the information provided by the Government that through the ILO/IPEC “Supporting the Time-bound Programme on the Elimination of the Worst Forms of Child Labour in the Republic of Philippines”, as of April 2007, more than 44,000 children have been prevented and withdrawn from the six priority worst forms of child labour (mining and quarrying; pyrotechnics production; deep-sea fishing; domestic labour; work in sugar cane plantations; commercial sexual exploitation) through education, vocational training, counselling, legal assistance and rehabilitation support. Approximately 4,400 family members generated and increased their incomes through livelihood support in the form of microcredit, basic literacy, vocational training and micro-enterprise start up. The Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, in total 17,317 children were prevented and 23,874 withdrawn from the six priority worst forms of child labour through educational and non-education related services. The Committee requests the Government to continue providing information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the communication of the International Trade Union Confederation (ITUC) dated 30 August 2006. It finally takes note of the detailed discussion which took place at the Conference Committee on the Application of Standards of the 95th Session of the International Labour Conference in June 2006. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. In its previous comments, the Committee had noted that the sale and trafficking of children under 18 years for labour and sexual exploitation is prohibited by the Philippine legislation under various provisions (sections 7 and 18 of Act No. 7610; section 4 of the Anti-trafficking in Persons Act No. 9208 of 2003; section 59 of the Child and Youth Welfare Act). It had noted the ITUC’s allegation that many children are easy targets for trafficking because of the common belief among parents that child domestic labour is the safest work for children. These children then find themselves in a situation of bonded labour where they are forced to endure exploitative work conditions because of the debts they have incurred. The ITUC added that a large number of victims of trafficking were promised work as domestic workers only to be led into prostitution. The Committee had noted that the Visayan Forum Foundation (VFF) initiated the organization of a multi-sectoral network against trafficking in October 2003. It had also noted that the Government took some measures to prevent trafficking of children, such as the adoption of Administrative Order No. 114 aimed at screening the purpose of the travel of a child abroad and ensuring that his/her best interest is protected before the issuance of a certificate to travel.

The Committee notes the Government’s information during the Conference Committee discussion that, in the framework of the ILO/IPEC Time-bound programme (TBP) signed in 2002, 1,200 children were rescued from trafficking.

It also notes the ITUC’s allegation that the Department of Labor and Employment (DOLE) regulations regarding recruitment and placement of domestic labourers are not yet attuned to the new trafficking law of 2003.

The Committee notes with interest that the Philippines adopted a number of measures aimed at preventing and combating the trafficking of children. Particularly, it notes the Government’s information that the DOLE prepared the proposed amendments to the Rules Governing Private Recruitment and Placement Agencies to Local Employment. These amendments will introduce in the abovementioned Rules the provisions against child trafficking contained in Act No. 9231 (Act providing for the elimination of the worst forms of child labour) and in the Anti-trafficking in Persons Act of 2003. Moreover, some local government units have passed local ordinances to address the child trafficking issue in their respective communities such as Ordinance No. 52 (Paombong, Bulacan) and Ordinance No. 566 (Marilao, Bulacan), which implement and enforce the provisions of the Anti-trafficking in Persons Act of 2003. Furthermore, the Committee notes that the Government has also taken specific measures aimed at preventing and combating trafficking for the purpose of exploitation in domestic work such as Ordinance No. SP-1472, series of 2004 (Quezon City) entitled “An ordinance enjoining all barangay officials of Quezon City to conduct massive registration of Kasambahay and/or domestic workers in their respective barangays”. In addition, according to the information available at the Office, in 2006, the Philippine Overseas Employment Agency (POEA) issued new employment requirements for overseas Filipino household workers to protect them from trafficking and widespread employer abuse. Such requirements raised the minimum age for domestic work from 18 to 23 years and provided that prospective domestic workers must obtain a certificate of competency attesting to their skills. Employers are required to submit employment contracts for verification. Moreover, in order to protect overseas Filipino domestic workers from illegal recruitment, foreign employers are required to undergo pre‑qualification screening by the Philippine Overseas Labor Office and submit a written statement committing themselves to the fair and humane treatment of their domestic workers. The Committee welcomes the comprehensive measures taken by the Government to prevent and combat the trafficking of children under 18 years. It requests the Government to continue to provide information on the measures taken to prevent and combat the trafficking of children under 18 years, in particular for domestic work and commercial sexual exploitation, and the results achieved.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that the compulsory recruitment of children under 18 years to serve in the armed forces of the Philippines (civilian units or other armed groups), as well as to take part in fighting or to be used as guides, couriers or spies, is prohibited by law (sections 3(a) and 22(b) of Act No. 7610). The trafficking of children for such purposes is also prohibited (section 4(h) of the Anti-trafficking in Persons Act of 2003). The Committee had nevertheless noted the ITUC’s indication that numerous children under 18 continued to take part in armed conflicts. Particularly, based on a report from the DOLE of the Philippines, the ITUC stated that the New People’s Army (NPA) included 9,000 to 10,000 regular child soldiers (representing between 3 and 14 per cent of NPA members). Children were also reportedly being recruited into the Citizens Armed Force Geographical Units (a government-aligned paramilitary group) and in the armed opposition groups, in particular the Moro Islamic Liberation Front (MILF). The ITUC had also pointed out that about 60 per cent of child soldiers were compelled to enter into the armed groups. Moreover, the Committee had observed that, according to the United Nations Secretary-General’s Report on children and armed conflict (A/59/695-S/2005/72, 9 February 2005, paragraphs 45 and 46), even though the Inter-Agency Committee for Children Involved in Armed Conflict was mandated to initiate projects for the rescue, rehabilitation and reintegration of children involved in armed conflict, as of September 2004, no measures for the disarmament, demobilization and reintegration of child soldiers had been taken by the NPA or the MILF.

The Committee notes the Government’s information that both government forces and non-state entities maintain a policy of not recruiting children for direct hostilities. There has been no evidence of systematic or forcible recruitment of children by the NPA and the MILF. Children volunteer their support mainly because of the influence of family, peers and community members. It also notes the Government’s information that, based on reports from combined sources, including the Department of National Defence, there were 186 children involved in armed conflicts for the period 2001–06. Of this number, 174 children have been demobilized and reunited with their families and brought back to school. Moreover, the DOLE implemented the Community Sala’am (Peace) Corps Project, wherein 300 children between 9 and 21 years of age affected by armed conflict were given education, skills training, employment and livelihood assistance for the period 2005–06. While welcoming the measures adopted by the Government to demobilize and rehabilitate children affected by armed conflict, the Committee requests the Government to take prompt and effective action to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict, directly or indirectly, is eliminated both in the national armed forces and in rebel groups. It also requests the Government to continue to provide information on the effective and time-bound measures taken to rehabilitate and integrate children affected by the armed conflict, and to indicate how many of these children under 18 years have been rehabilitated and reintegrated in their communities through such measures.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work and child domestic work. The Committee had previously noted that children under 18 years of age shall not perform the types of hazardous work listed in Department Order No. 4 of 1999 (section 3). It had also noted that, by virtue of section 4 of the same Order, persons aged 15–18 years may be allowed to engage in domestic or household service, but shall not perform the types of hazardous work listed in section 3 of the Order. The Committee had noted the ITUC’s allegation that hundreds of thousands of children, mainly girls, worked as domestic workers in the Philippines and were subject to slavery-like practices. Particularly, these children were deprived of opportunities for education and isolated from their families. The ITUC further underlined that, based on a study undertaken under the TBP, 83 per cent of child domestic workers lived in their employers’ home and only half of them were allowed to take one day off per month. They were on call 24 hours a day, and more than half of them dropped out of school. The Committee had noted the Government’s indication that several draft bills aimed at protecting the rights and welfare of domestic workers were under examination by Congress.

The Committee also notes the ITUC’s more recent allegations dated 30 August 2006 based on the “Trafficked into forced labor: Selected cases of domestic workers in the Philippines” study, published in 2006 by the VFF with support from ILO/IPEC. Particularly, the ITUC refers to some examples of physical abuses and injuries suffered by children under 18 years, especially girls employed as domestic workers. It also refers to some examples of children working in hazardous conditions. The ITUC points out that, notwithstanding the positive initiatives taken by the Government at the level of local legislation regulating the employment of domestic workers, there are limitations in both law and practice which need to be addressed as a matter of urgency. Particularly, while the Labor Code requires employers to treat their domestic workers fairly and humanely, it lacks specific measures to tackle existing exploitative practices. In this regard, the ITUC underlines that the Domestic Workers’ Bill (Batas Kasambahay), first filed in Congress in 1995, which sets out the rights of domestic workers and defines for them decent working standards, has remained pending for over ten years. According to the ITUC, the enactment of this Bill would bring the treatment of domestic workers closer to the standards applied to workers in the formal sector. Moreover, domestic workers would be given the right to humane treatment, basic food and shelter, security of employment, minimum wage and prescribed hours of work. Finally, the Bill would ensure the use of written contracts formalizing the terms and conditions of work.

The Committee notes the Government’s information during the Conference Committee discussion that, in the framework of the TBP, 1,500 children were rescued from domestic labour. It also notes the Government’s information that bills filed during the 13th Congress aimed at protecting the rights and welfare of domestic workers were not passed into law. With the 14th Congress, it is expected that these bills will be filed for enactment into law. It also observes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 3,224 children were prevented from exploitative child domestic labour (of which 2,423 through the provision of education or training and 801 through other rehabilitative services); and 4,658 children were withdrawn from exploitative child domestic labour (of which 2,091 through the provision of education or training and 2,567 through other rehabilitative services). While observing the successful results achieved under the TBP, the Committee expresses its serious concern at the economic and sexual exploitation which continues to be experienced by child domestic workers. It requests the Government to redouble its efforts to ensure that child domestic workers under 18 years of age do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals in line with national legislation and the Convention. The Committee expresses the firm hope that the Domestic Workers’ Bill (Batas Kasambahay), which would specifically address the situation of domestic workers, will be enacted soon. It requests the Government to provide information on any developments made in this regard.

Article 5. Monitoring mechanisms. The Committee notes with interest that the Government has adopted a number of measures to monitor the application of the Convention and enforce it. Particularly, it notes the Government’s information that the Inter-Agency Council Against Trafficking (IACAT) adopted the National Strategic Plan against Trafficking in Persons 2004–10, which covers the key components of prevention, protection, recovery and reintegration of victims of trafficking. It also notes the Government’s information that the Trade Union Congress of the Philippines set up an anti-trafficking project aimed at monitoring and reporting on cases of trafficking. The Committee finally notes the Government’s information that the Philippine Center on Transnational Crime (PCTC) is in charge of formulating and implementing a concerted programme of action for all law enforcement agencies, intelligence agencies and other relevant bodies for the prevention and control of trafficking in women and children. Through improved coordination, the PCTC is likewise directed to undertake research and maintain a database on trafficking. Moreover, the Department of Justice (DOJ), with support from UNICEF, has trained a pool of 30 state prosecutors to handle cases involving women and children, with a focus on gender-sensitive and child-friendly investigation procedures and the effective handling and gathering of evidence against perpetrators. The Philippine National Police (PNP) has trained 230 police investigators on the investigation of child trafficking, pornography and prostitution. The Committee welcomes these measures and requests the Government to continue providing information on the impact of these measures on eliminating the trafficking of children.

Article 7, paragraph 1. Penalties. 1. Trafficking. The Committee notes the ITUC’s allegation that while the Philippine Government has passed the Anti-trafficking in Persons Act of 2003, implementation is still a challenge. Thus, while the new law has increased penalties for child trafficking, there have been only three convictions to date, all of which relate to prostitution.

The Committee notes the Government’s information during the Conference Committee discussion of June 2006 that seven criminal cases were being pursued for trafficking. It also notes that, according to information available at the Office, the Philippine Government showed some improvements in arresting, prosecuting and convicting traffickers. In 2006, law enforcement agencies filed 60 new trafficking cases with the DOJ. In addition, Philippine law permits private prosecutors to prosecute cases under the direction and control of a public prosecutor. The Government has used this provision effectively, allowing and supporting an NGO to file 23 cases. According to the same source, the Government is currently (in 2007) engaged in 107 prosecutions of trafficking crimes, with more being investigated. Moreover, the Government has 17 dedicated anti-trafficking prosecutors in the DOJ and 72 additional prosecutors in regional DOJ offices. Finally, the Philippine Coast Guard, under the Department of Transportation and Communication, searched several ferries in order to identify trafficking victims and recruiters.

2. Compulsory recruitment in armed conflict. The Committee had previously noted that, by virtue of sections 4(h) and 10(a) of the Anti-trafficking in Persons Act of 2003, a person who recruits, transports or adopts a child to engage in armed activities in the Philippines or abroad is liable to 20 years’ imprisonment and a minimum fine of 2 million pesos. It had also noted that, by virtue of sections 3(a) and 22(b) of Act No. 7610, children under 18 shall not be recruited to become members of the armed forces of the Philippines or its civilian units or other armed groups, nor be allowed to take part in the fighting or used as guides, couriers or spies. The Committee once again requests the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking and domestic work. The Committee had previously noted that the VFF provides child victims of trafficking with temporary shelter and psychological services. The VFF for the period 2000–04 assisted a total of 3,000 victims of trafficking for prostitution, domestic work or other types of hazardous work.

The Committee notes the ITUC’s allegation that the Government’s efforts to provide non-formal education and other alternative learning systems for reintegrating child domestic workers in the education system have been largely unsuccessful due to the lack of centres and teachers.

The Committee notes with interest the Government’s information that, for the period July 2005–June 2006, the VFF assisted a total of 4,465 child victims of trafficking and child domestic workers. Educational assistance in the form of schools fees, transportation, school supplies and tutorial services were provided. Some of the children housed in the VFF halfway houses were provided with information technology training and other life skills training. The Committee also notes the Government’s information that the Manila International Airport Authority (MIAA) and VFF signed on July 2006 a Memorandum of Agreement to build a halfway house for trafficked women and children at the Ninoy Aquino International Airport (NAIA). Moreover, MIAA will construct a halfway house/shelter at the NAIA complex aimed at providing temporary shelter to victims of trafficking trapped at the NAIA. The VFF is being tasked to supervise and manage the various programmes and services for the trafficked victims.

The Committee is also addressing a direct request to the Government concerning certain other points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Children working in agriculture. The Committee had previously observed that section 139(c) of the Labour Code prohibits the employment of children under 18 years of age "in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor". Section 12D of Act No. 7610 also states that no child under 18 years of age shall be engaged "in work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to their health, safety or morals". It had also noted that, according to the ILO/IPEC rapid assessment (Girl child labour in agriculture, domestic work and sexual exploitation, page 93), almost all children working in agriculture were engaged in crop cultivation, with 54 per cent spending time looking after livestock. Crop work includes planting, weeding, harvesting, watering and preparing the land. Twenty-three per cent were engaged in spraying pesticides, although it was prohibited by law. The Committee had asked the Government to provide information on measures taken or envisaged to ensure that children working in agriculture do not perform hazardous work listed in Order No. 4 of 1999.

The Committee notes the Government’s indication that sugar cane plantations were identified as one of the priority areas under the Time-Bound Programme (TBP) on the elimination of the worst forms of child labour. The Government adds that an action programme taken pursuant to the TBP and entitled "Strengthening Labour Inspection Towards Eliminating the Worst Forms of Child Labour in the Provinces of Cebu and Negros Oriental" addresses the issue of children working in sugar cane plantations in Cebu and Negros Oriental. The action programme aims at preventing the employment of children in the worst forms of child labour in Cebu and Negros Oriental and strengthening capacities to enable effective child labour inspection and sensitize employers to the worst forms of child labour, including the hazards faced by children working in sugar cane plantations. The Government also underlines that one of the objectives of the Project on Eliminating Child Labour in the Tobacco Industry is to ensure that children of tobacco farmers in the province of Ilocos Norte, Ilocos Sur, La Union and Pangasinan do not perform hazardous work in tobacco plantations. To this end, advocacy campaigns were launched in 2005 targeting thousands of children, parents and employers. The Committee nevertheless notes that, according to the ICFTU’s report for the World Trade Organization General Council (Review of the trade policies of the Philippines, 29 June 2005), that most children working in agriculture were engaged in crop cultivation, including planting, weeding, and harvesting, and 23 per cent were involved in spraying pesticides. The Committee encourages the Government to continue its efforts to ensure that children under 18 years who work in agriculture do not perform hazardous work. It also asks the Government to continue to provide information on any developments in this regard and on the results achieved.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee had noted that section 3 of Department Order No. 4 of 1999, and section 12D of Act No. 7610, provide for similar detailed lists of the types of hazardous work that shall not be performed by children under 18 years of age. The Committee had accordingly asked the Government to provide information on the practical application of Order No. 4 of 1999 and section 12D of Act No. 7610. The Committee takes due note of section 29 of Order No. 65-04 of 26 July 2004 amending Act No. 7610 and according to which legal provisions that are inconsistent with the provisions of Order No. 65-04 are deemed to be modified accordingly.

Article 4, paragraph 2. Identification of hazardous work. The Committee had noted the Government’s indication that Department Order No. 33-02 provides guidelines and operational procedures on the listing of child workers. The listing will enable the authorities implementing the National Program Against Child Labor (NPACL) to identify hazardous work performed by child workers in specific areas, their immediate needs or concerns and the appropriate services and interventions necessary to improve the quality of life of these working children, their families and, possibly, their communities.

The Committee notes the Government’s indication that it established a Child Labour Masterlisting System, which is a database on child workers who shall benefit from the NPACL. It adds that 903 profiles of child workers are included therein. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, May 2005, paragraph 283), that the Department of Labor and Employment considered labour inspection systems as a priority concern to strengthen the monitoring mechanisms on the enforcement of child labour legislation. It had also observed that DOLE Administrative Order No. 47 of 18 February 1997, directed all labour inspectors to give priority to the inspection of establishments employing children, including security agencies, construction, shipping and other establishments classified as hazardous or high risk.

The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, 5 November 2004, paragraph 282) that there are only 250 inspectors responsible for controlling 80,000 establishments annually. It nevertheless highlights that the NPACL has established community surveillance systems for information on data-gathering to identify cases of child labour. The Committee once again requests the Government to provide information on the number of workplaces investigated per year and the labour inspection’s findings concerning the implementation of national legislation concerning the worst forms of child labour. It also asks the Government to provide information on the findings of the community surveillance systems.

2. Sagip-batang manggagawa (SBM). The Committee had previously noted the Government’s indication that the launching of the Sagip-batang manggagawa Task Force (hereinafter "SBM") in 1994, was the start of a more concrete initiative towards enforcing prohibitive policies on child labour. The SBM is an inter-agency mechanism developed under the National Program Against Child Labor for detecting, monitoring and rescuing children in the worst forms of child labour. It focuses on the following objectives: (i) establishment of community-based mechanisms for detecting, monitoring, and reporting the most hazardous forms of child labour; (ii) establishment of 24-hour Quick Action Team (QAT) network centres to immediately respond to serious child labour cases; and (iii) provision of physical and psychological services to child labour victims. The task force is composed of social welfare officers, labour inspectors, police officers and representatives of non-governmental organizations (NGOs). The Government had also stated that QATs have been established in all 16 regions of the country. It had further indicated that an operational plan to curb trafficking of children for exploitative employment in the Visayas region was launched in 2001 under SBM.

The Committee notes the Government’s indication that, from 1998 to April 2005, 1,761 children (including 847 females) were rescued from the worst forms of child labour by the SBM, four criminal cases were filed against employers found in breach of national legislation. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously observed that the Government signed, in June 1994, a Memorandum of Understanding (MOU) with ILO/IPEC for the Intensified, sustained and unified implementation of the National Programme Against Child Labour in the country. The MOU has been extended twice, with the second one being effective until December 2006. Since 1994, IPEC has implemented over 60 action programmes to combat child labour. The programme focuses on preventing children from engaging in the worst forms of child labour as well as withdrawing, rehabilitating and reintegrating those found working in the most hazardous occupations. The objectives are: (i) to make the invisible visible through a massive and diligent effort to identify, locate and list child workers, in particular, those engaged in the worst forms; (ii) to strengthen alliances with social partners; and (iii) to provide economic opportunities for families with child workers. The priority target groups are children engaged in prostitution, mining, quarrying, domestic work, pyrotechnics, agriculture and deep-sea fishing.

The Committee takes due note of the Government’s indication that the NPACL includes various components such as the TBP, SBM mechanism and the Eliminating Child Labour in the Tobacco Industry (ECLTI) Project.

Article 7, paragraph 1. Penalties. The Committee had noted that the national legislation (section 16(c) of Act No. 7610; sections 27, 273 and 274 of the revised Penal Code; sections 5, 7, 10(e), 12D(1), read in conjunction with 16(c), 12D(2), 12D(4), 16(b) and (d) of Act No. 7610; and section 4 of the Comprehensive Dangerous Drugs Act No. 9165) prohibits the worst forms of child labour and provide for sufficiently adequate and dissuasive penalties. Noting the absence of information in the Government’s report on the penalties imposed in practice, the Committee once again requests the Government to provide information in this regard.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had noted with interest that the Government, with the assistance of ILO/IPEC, launched a TBP in June 2002. The TBP is one of the components of the NPACL and aims at supporting the Government of the Philippines in achieving its goal of reducing the worst forms of child labour by 75 per cent by 2015. The priority target groups are the same as those under the NPACL, i.e. children engaged in prostitution, mining, quarrying, domestic service, pyrotechnics, agriculture and deep-sea fishing. The overall strategic framework of the TBP includes strengthening the enabling environment for the elimination of the worst forms of child labour and developing direct actions for child labourers, their families and communities. The Committee had also noted that one of the major features of the project was the consultation approach, which generated awareness and appreciation of the specific environments where children continue to be exploited. Separate consultations were held for employers, workers, and governmental and non-governmental organizations.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaigns. The Committee had observed that, according to the TBP report on the Philippines of 2002, various awareness-raising projects on children working in hazardous conditions were launched in the country. The Committee had asked the Government to continue to provide information on awareness-raising programmes and their impact on preventing the engagement of children in the worst forms of child labour.

The Committee notes the Government’s indication that various advocacy activities were undertaken under the NPACL at different levels (national, regional, provincial, municipal and barangay/village) to raise awareness of stakeholders on the issue of child labour, focusing on its worst forms. It also observes that the Employers Confederation of the Philippines took measures to increase awareness and understanding of its member companies on child labour issues, through the recognition of child labour-free firms. It further observes that under the programme "Education of a child for the future" ("Pag-aaral ng bata para sa kinabukasan") established in 2003 by the Educational Research and Development Assistance Foundation and the National Coalition on Child Participation, advocacy sessions and consultations were held in November 2004 in Davao, Camarines Norte, Iloilo and Negros Occidental to provide child labourers (including representatives of children working in mines, sugar plantations, pyrotechnics and fishing) with information on their rights and responsibilities and programmes run by the Government to eliminate the worst forms of child labour. The Committee takes due note of this information.

2. Education. The Committee had previously noted that, according to information contained in UNESCO documents and article XIV, section 1 and 2(2) of the Constitution, schooling is compulsory and free for children aged 6 to 12. The enrolment rate in elementary schools was 91 per cent according to an ILO/IPEC rapid assessment of 2002. The Committee had also noted the Government’s indication that, by 2006, the TBP will provide opportunities for alternative education for 44,400 child workers and those at risk of engaging in the worst forms of child labour.

The Committee notes the Government’s indication that the Educational Research and Development Assistance Foundation has provided educational and financial assistance in the form of school supplies, uniforms and contributions to 2,050 child workers between 1998 and 2003, and to 650 child workers for the period 2003-04. It also observes that the programme "Education of a child for the future", launched by the same Foundation in 2003, has contributed to bring vulnerable children to school, and thus reducing the risk for these children to engage in the worst forms of child labour. The Committee further observes that 12,300 children were enrolled in formal education under the ILO/IPEC project entitled "Supporting the Time-Bound Programme on the Elimination of the Worst Forms of Child Labour in the Philippines". The Committee nevertheless notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/RESP/84, written replies, 22 April 2005, page 12) that access to elementary education is non-existent in 1,608 barangays/villages. The Government underlines that it hopes to improve access to education in these villages through the Education for All Programme of Action.

The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.259, 3 June 2005, paragraph 68), expressed its grave concern at the remaining barangays, which are not able to provide children with elementary education. It also expressed concern about the vulnerable groups of children such as children living in poverty, child labourers, children in armed conflicts, indigenous children, children infected with or affected by HIV/AIDS and street children who do not have equal access to elementary education. According to the Committee on the Rights of the Child, the high rate of children not completing primary education together with the high dropout rates in secondary education give cause to serious concern. Considering that education contributes to eliminating the worst forms of child labour, the Committee asks the Government to redouble its efforts to ensure that all children, in particular the most vulnerable and those living in remote areas, have access to free basic education. It also asks the Government to continue to provide information on progress made in this regard.

3. Commercial sexual exploitation of children. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add. 31, May 2005, paragraph 292) that a Framework of Action Against the Commercial Sexual Exploitation of Children (2000-04) was launched. It aimed at preventing and controlling the growth of the commercial sexual exploitation of children. It had also observed that, according to a rapid assessment conducted by ILO/IPEC (Girl Child Labour in Agriculture, Domestic Work and Sexual Exploitation, 2004, pages 10 and 66-83), there were 40,000 child prostitutes in the Philippines in 1992, rising to 100,000 in 1997. The phenomenon affects mainly girls. Child prostitutes are generally around 16 or 17 years of age. Girls usually start at 15 and boys at 13 years. The study shows that nearly all children engaged in prostitution no longer attend school. The study illustrates moreover that the majority of abusers and exploiters are men, although women are also active as procurers, recruiters and suppliers. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the impact of the Framework of Action Against the Commercial Sexual Exploitation of Children on preventing the engagement of children in commercial sexual exploitation.

4. Children engaged in drug trafficking. The Committee had previously noted that, according to the rapid assessment conducted by ILO/IPEC (February 2002, pages xi and 26), children as young as 8 years old participate in drug trafficking; the majority of these children are aged 10 to 15. For the city of Cebu alone, it is estimated that approximately 1,300 children are used for illegal drug trafficking, with 80 per cent being male. They are usually employed as runners (66 per cent), or to undertake posting (25 per cent) and repacking. The Committee had also observed that about 55 per cent of these children have completed primary school. It further noted that two-thirds of children engaged in drug trafficking were not in school at the time of the survey, and that about 43 per cent of them would have been interested in going back to school. The Committee notes that an ILO/IPEC one-year action programme entitled "Integrated community-based drug prevention program for at-risk children in Baranday 91, Pasay City" was launched in 2003 to prevent and eliminate the use of children under 18 years of age in the production, sale and trafficking of drugs. The Committee accordingly asks the Government to provide information on the impact of the abovementioned ILO/IPEC action programme on preventing and eliminating the use of children for drug trafficking in Pasay City. It also asks the Government to provide information on any similar programmes taken or envisaged in other cities of the Philippines to prevent the use of children for drug trafficking.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Children working in the tobacco industry. The Committee had previously noted that the Department of Labor and Employment and the non-governmental organization "Eliminate Child Labour in Tobacco-Growing Foundation (ECLT)", signed, in May 2003, a Memorandum of Agreement for the Elimination of child labour in the tobacco industry. The two-year project involved the parents of child labourers, local officials, governmental agencies, trade unions, tobacco growers and suppliers, and NGOs. The targets were child workers aged 7 to 17 years working in Ilocos Norte, Ilocos Sur, La Union and Pangasinan provinces.

The Committee notes the Government’s indication that the project was extended to March 2006. It also indicates that educational assistance is currently provided to 100 selected children aged 7 to 17 years working in the tobacco industry. These beneficiaries are also provided with alternative livelihood assistance to enable them to become self-sufficient through the establishment of income-generating projects aside from tobacco growing to increase family income and enable them to meet their basic needs. The Committee encourages the Government to continue its efforts to withdraw children from hazardous occupations in the tobacco industry and to provide information in this respect. 

2. Children working in mines and quarries. The Committee had previously noted that, according to the TBP report of 2002, an ILO/IPEC-supported project entitled "Community action against child labour in the quarry sites in Montalban, Rizal" permitted to withdraw 350 children. A majority of these children were back in school. The Committee notes the Government’s indication that a programme entitled "Call to Action" was signed in 2005 by the Department of Labor and Employment, the Department of Environment and Natural Resources and the presidents of the Trade Union Congress of the Philippines and the Employers Confederation of the Philippines to eliminate child labour in mining and quarrying by 2015. In June 2005, round tables and forums were organized by employers, the National Child Labour Committee and the ILO Convention No. 182 National Monitoring Team as well as by provincial government (Camarines Norte; Davao City; Marilao; Bulacan; Mt. Diwata; Monayo; Compostela Valley) to raise awareness of child labour in mines and quarries and to reiterate the employers’ commitment towards eliminating the worst forms of child labour in the country. The Committee asks the Government to provide information on the concrete measures taken under the "Call to Action" programme to withdraw and rehabilitate children working in mines and quarries, as well as the results achieved.

3. Sexually exploited children. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, 5 November 2004, paragraph 289) that, according to section 1 of Executive Order No. 56, a minor apprehended by the police for prostitution or committing other illicit activities shall be delivered to the protective custody of the Department of Social Welfare and Development and provided with suitable rehabilitation programmes.

The Committee notes that the Committee on the Rights of the Child, in its Concluding Observation (CRC/C/15/Add.259, 3 June 2005, paragraphs 84 and 85), expressed its grave concern about the sexual exploitation of children, including growing child prostitution, and the reported cases of child pornography in the country. It also observes that an ILO/IPEC programme entitled "Withdrawing and preventing children from commercial sexual exploitation through the child and family healing and recovery approach" was launched in May 2005, and will last 18 months. It aims at withdrawing and preventing children from commercial sexual exploitation in the cities of Cebu and Mandaue through the provision of psychosocial, health and education services. Another objective of the programme is to strengthen the moral and economic capacities of families in order to eliminate the commercial sexual exploitation of their sons or daughters. Noting that the ILO/IPEC programmes focus on combating the commercial sexual exploitation of children in the cities of Cebu and Mandaue, the Committee asks the Government to provide information on the measures taken or envisaged to withdraw children from commercial sexual exploitation in other cities and to provide for their rehabilitation and social reintegration. It also asks the Government to provide information on the number of children withdrawn from commercial sexual exploitation and rehabilitated.

Clause (c). Ensure access to education, and wherever possible and appropriate vocational training for all children removed from the worst forms of child labour. The Committee takes due note of the Government’s indication that under the TBP, child workers have been provided with non-formal education or vocational training.

Clause (d). Identifying and reaching out to children at special risk. 1.  Deep-sea fishing. The Committee had noted that an agreement was signed in Cebu City, between the Department of Labor and Employment and three owners of major fishing corporations, reportedly employing children in fishing operations. The agreement aims at preventing children under 18 from being employed in "pa-aling" fishing (a form of deep-sea fishing) and to provide social services to affected children and their families. Noting the absence of information in the Government’s report, the Committee once again asks the Government to provide information on the impact of this agreement on the elimination of hazardous work by children under 18 years in fishing operations.

2. Street children. The Committee notes that, according to the ICFTU’s report for the World Trade Organization General Council (Review of the trade policies of the Philippines, 29 June 2005), approximately 200,000 children live and work in the street, including in drug trafficking. It also notes that the Committee on the Rights of the Child, in its Concluding Observation (CRC/C/15/Add.259, 3 June 2005, paragraphs 82 and 83), expressed its grave concern about the high number of children living on the streets and their vulnerability to various forms of violence and abuse, including sexual exploitation and economic exploitation. The Committee on the Rights of the Child also noted the lack of a systematic and comprehensive strategy to address the situation and protect street children. The Committee accordingly requests the Government to provide information on the effective and time-bound measures taken to protect street children from the worst forms of child labour.

Article 8. International cooperation. Poverty alleviation. The Committee had previously observed that the National Child Labour Committee, within the framework of the NPACL, has set the goal to reduce the number of children in hazardous occupations by 75 per cent by 2015, which is in line with the Millennium Development Goals of 2015 and the Medium-Term Philippine Development Plan for 2001-04 that outline a comprehensive set of policies and programmes to address the needs of the poor. These strategies are complemented by a programme for poverty alleviation "KALAHI" which target the poorest municipalities in the country through a holistic approach that incorporates land and credit reform, human development services, job creation, community participation in governance, and the social protection of groups that are vulnerable to economic shocks and natural disasters. These programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

Part V of the report form. Referring to its previous comments, the Committee asks the Government to provide in its next report information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 1 September 2005. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. In its previous comments, the Committee had noted that the Government had put in place an extensive and detailed set of provisions prohibiting the sale and trafficking of children under 18 years.

The Committee notes the ICFTU’s allegation that "many children are easy targets for trafficking because of the common belief among parents that child domestic labour is the safest work for children". It indicates that recruiters often collect advance payment from employers and keep them from the recruits. Recruiters charge placement, transportation, handling, accommodation and other fees against the future income of domestic labourers. To encourage parents to allow their children to work, recruiters pay cash advances to the parents. These children then find themselves in a situation of bonded labour where they are forced to endure exploitative work conditions because of the debts they have incurred. It underlines that a large number of victims of trafficking were promised work as domestics solely to fall into prostitution.

The Committee notes that the Committee on the Rights of the Child, in its Concluding Observation (CRC/C/15/Add.259, 3 June 2005, paragraphs 85-87), expressed its grave concern about Filipino children who are trafficked both within the country and across its borders. It also expressed its concern about existing risk factors contributing to trafficking activities, such as persisting poverty, temporary overseas migration, growing sex tourism and weak law enforcement in the State party. It further notes that the Human Rights Committee, in its Concluding Observation (CCPR/CO/79/PHL, 1 December 2003, paragraph 13), expressed its concern at the numerous instances of trafficking of women and children, both within the country and across its borders. The Human Rights Committee also expressed concern at the insufficient measures taken to actively prevent trafficking and to assist and support the victims.

The Committee notes the Government’s indication that the Visayan Forum Foundation initiated the organization of a Multi-Sectoral Network Against Trafficking in October 2003. It also highlights that the Trade Union Congress of the Philippines has set up an Anti-Trafficking Project which aims at establishing a multi-sectoral watch group to monitor and report cases of trafficking and initiate complementary actions in support of Government strategies to address child trafficking.

The Committee notes that, although numerous legal provisions prohibit the sale and trafficking of children under 18 years of age for labour or sexual exploitation, it remains an issue of concern in practice. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for labour or sexual exploitation is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to ensure the elimination of child trafficking, in particular for domestic work or commercial sexual exploitation, and to provide information on any progress made in this regard.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, by virtue of sections 3(a) and 22(b) of Act No. 7610 on the special protection of children against abuse, exploitation and discrimination, as amended by Act No. 9231 of 28 July 2003 (hereinafter referred to as Act No. 7610), children under 18 years shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other armed groups, nor be allowed to take part in fighting, or used as guides, couriers or spies. According to section 4(h) of the Anti-Trafficking Act No. 9208 of 2003, it is prohibited to recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. It had nevertheless noted the ICFTU’s indication that numerous children under 18 years take part in armed conflicts. The ICFTU had stated that, according to a report from the Department of Labor and Employment of the Philippines, the New People’s Army (NPA) includes 9,000 to 10,000 regular child soldiers, which represent between 3 and 14 per cent of NPA members. There were also reports of children being recruited into the Citizens Armed Force Geographical Units (a government-aligned paramilitary group) and in the armed opposition groups, in particular the Moro Islamic Liberation Front. Citing an ILO study (Rapid Assessment on Child Soldiers in Central and Western Mindanao, February 2002), the ICFTU had pointed out that about 60 per cent of child soldiers were compelled to enter into the armed groups. The ICFTU had further indicated that child soldiers, aside from the obvious hazards of living and working in a military or conflict environment, work long hours, do not always get paid, are away from home and deprived of education.

The Committee had also noted the Government’s indication that various government agencies, including the Commission on Human Rights, the Department of National Defence, the Armed Forces of the Philippines and the Department of Social Welfare and Development, signed an Agreement on the handling and treatment of children involved in armed conflict on 21 March 2000. The following measures were identified to handle children involved in armed conflicts: (i) monitoring of children involved in armed conflicts and rescued; (ii) establishing community-based preventive and rehabilitative services for children involved in armed conflicts; and (iii) identifying villages (barangay) where armed conflicts are more likely to occur. The Government had further stated that other programmes aim at providing children and families who are affected or involved in armed conflict with psychological, legal, medical, financial and educational assistance. The Committee had also observed that a three-year programme supported by ILO/IPEC aims at removing and rehabilitating 200 child soldiers involved in armed conflict in the Mindanao region.

The Committee notes that, according to the United Nations Secretary General’s Report on children and armed conflict (A/59/695-S/2005/72, 9 February 2005, paragraphs 45 and 46), the Inter-Agency Committee for Children Involved in Armed Conflict was reactivated and has identified strategies to provide for the protection of such children, including the provision of legal and judicial assistance, direct negotiations with armed groups to stop the recruitment and use of children, services for the healing and reintegration of child former combatants and the development of a communications plan and database. The report of the United Nations Secretary-General highlights that the Inter-Agency Committee was mandated to initiate projects for the prevention of recruitment and for the rescue, rehabilitation and reintegration of children involved in armed conflicts. The same report underlines that, as of September 2004, no measures for the disarmament, demobilization and reintegration of child soldiers had been taken by the NDF-NPA or the MILF.

Noting the ICFTU’s indication (report for the World Trade Organization General Council, Review of the trade policies of the Philippines, 29 June 2005) that numerous children under 18 years continue to take part in armed conflicts as well as the absence of information in the Government’s report on this point, the Committee urges the Government to provide information on the concrete measures taken by the Inter-Agency Committee for Children Involved in Armed Conflict and their impact on eliminating the compulsory recruitment of children for use in armed conflict.

Article 3, Clause (d) and Article 4, paragraph 1. Hazardous work and child domestic work. The Committee had noted the Government’s indication that the types of hazardous work that shall not be performed by children under 18 years of age are listed in Department Order No. 4 of 1999. Indeed, section 3 of the Order provides for a detailed list of the types of hazardous work, including work performed under particularly difficult conditions such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. It also noted that, by virtue of section 4 of the Order, persons aged 15 to 18 years of age may be allowed to engage in domestic or household service, but shall not perform the types of hazardous work listed above. It observes that section 146 of the Labour Code provides that if the house helper is under 18 years, the employer shall give the house helper an opportunity for at least elementary education.

The Committee notes the ICFTU’s allegation that hundreds of thousands of children, mainly girls, work as domestic workers in the Philippines and are subject to slavery-like practices. The ICFTU underlines that these children are deprived of opportunities for education, isolated from their family and are under the total control of their employers. They suffer a wide range of physical and verbal abuse, which have resulted in the death of certain child domestic workers. For instance, a child died six months after being forced to drink acid used for unclogging drains, another was burned with an iron by her employer. The ICFTU points out that, according to the Department of Social Welfare and Development, in the 1990s, 80 per cent of reported victims of rape, attempted rape and other forms of sexual abuse in Cebu City concerned child domestic workers. The ICFTU further underlines that, according to a study undertaken under the ILO/IPEC Time-Bound Programme (TBP), 83 per cent of child domestics live in their employers’ home and only half of them are allowed to take one day off per month. The ICFTU adds that child domestic workers are on call 24 hours a day and that more than half of them have dropped out of school.

The Committee further notes the Government’s indication, in its communication dated 26 October 2005, that several draft bills aimed at protecting the rights and welfare of domestic workers are under examination by the Congress.

The Committee notes that, although the national legislation protects child domestic workers under 18 years of age from performing hazardous activities (sections 3 and 4 of Order No. 4 of 1999), the economic and sexual exploitation of child domestic workers remains an issue of concern in practice. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, work, which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18 years of age is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to ensure that child domestic workers under 18 years of age do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals in line with national legislation and the Convention, and to provide information on the adoption of any new legislation in this regard.

Article 5. Monitoring mechanisms. 1. Council to suppress trafficking in persons. The Committee had observed that Executive Order No. 220 established an Executive Council to suppress trafficking in persons, particularly women and children. The Council is composed of representatives of the various ministerial departments, including the Department of Justice, the Department of Labour and Employment, the Department of Tourism, as well as representatives of the National Bureau of Investigation, the National Anti-Poverty Commission of the Philippine Center on Transnational Crime and representatives of the police. The Council is responsible for assisting the President in the formulation of policies and in their implementation in order to suppress trafficking in persons, especially children. It shall establish appropriate programmes in the following areas: rehabilitation and reintegration of victims; regional and international cooperation; law enforcement and legislative initiatives; advocacy, education, training and other preventive measures. Noting the absence of information in the Government’s report on this point, the Committee once again asks the Government to provide information on the implementation of the abovementioned programmes and the results achieved in eliminating the trafficking in children.

2. Chairman of the village. The Committee notes that, by virtue of section 266 of Act No. 7610, the chairman of the village (barangay) affected by the armed conflict shall submit the names of children residing in the said village (barangay) to the municipal social welfare and development officer within 24 hours from the occurrence of the armed conflict. The Committee once again asks the Government to indicate whether the abovementioned measure has prevented children under 18 years of age from being compelled to enrol in the armed forces.

Article 7, paragraph 1. Penalties. The Committee had previously noted that, by virtue of sections 4(h) and 10(a) of the Anti-Trafficking Act of 2003, a person who recruits, transports or adopts a child to engage in armed activities in the Philippines or abroad is liable to 20 years’ imprisonment and a minimum fine of 2 million pesos. It had also noted that, by virtue of sections 3(a) and 22(b) of Act No. 7610, children under 18 shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers or spies. Noting the absence of information in the Government’s report on the penalties imposed in practice, the Committee recalls that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of penal sanctions. The Committee once again requests the Government to provide information on the applicable penalties for the violation of section 22(b) of Act No. 7610, as well as information on the penalties imposed in practice on persons found recruiting or transporting children for the purpose of engaging them in armed conflicts.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1.  Trafficking in children. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, May 2005, paragraph 302), that a national strategy was developed to prevent and suppress the sale, trafficking and abduction of children. To this end, Administrative Order No. 114 directs the Department of Social Welfare and Development to screen the purpose of the travel of a child abroad and ensure that his/her best interest is protected before the issuance of a certificate to travel. The Committee once again asks the Government to provide information on the impact of the administrative order on preventing the trafficking of children for labour or sexual exploitation.

2. Child domestic workers. The Committee notes that one of the priority target groups of the Time-Bound Programme (TBP), which was launched in June 2002 with the assistance of ILO/IPEC, is child domestic work. It observes that the ILO/IPEC Action Programme entitled "South-east Asia Capacity Building Towards Sustainable Advocacy for Child Domestic Workers" aims at organizing an advocacy workshop on child domestic work to bring the decision-makers and social partners to the table as a first step for the launching of specific action programmes. The Committee accordingly requests the Government to provide information on the time-bound measures taken or envisaged to prevent child domestic workers from performing hazardous work.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously noted that, by virtue of section 23 of the Anti-Trafficking Act, government agencies shall, in order to ensure recovery, rehabilitation and reintegration of child victims of trafficking, make available the following services: (i) emergency shelters or appropriate housing; (ii) counselling; (iii) free legal services; (iv) medical or psychological services; (v) skills training; and (vi) educational assistance. The Committee notes the Government’s indication that the Visayan Forum Foundation, in coordination with the Philippine Ports Authority in Manila, has established houses near the sea in Sorsogon, Batangas, Davao, Northern Samar, Western Samar, Southern Leyte and Cebu to provide child victims of trafficking with temporary shelter and other psychological services. It underlines that for the period 2000-04, the foundation has assisted a total of 3,000 victims of trafficking for prostitution, domestic work or other types of hazardous work. The Committee requests the Government to continue to provide information on the measures taken to remove child victims of trafficking from the worst forms of child labour and to provide for their rehabilitation and social integration.

The Committee is also addressing a direct request to the Government concerning other detailed points.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first and second detailed reports and requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 7 of Act No. 7610, any person who engages in trading and dealing with children under 18 years including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, commits an offence. Section 12 of the aforementioned Act also prohibits the sale and trafficking of children under 18 years.

The Committee observes that, by virtue of section 4 of Anti-Trafficking Act No. 9208 of 2003, it is prohibited, for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage: (i) to recruit, transport, transfer, harbour, provide or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship; (ii) to introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under Act No. 6955, any Filipino woman to a foreign national for marriage for the purpose of acquiring, buying, offering, selling or trading her; (iii) to offer or contract marriage, real or simulated for the purpose of acquiring, buying, offering, selling, or trading him/her; and (iv) to adopt or facilitate the adoption of persons. Under the terms of section 5 of the Anti-Trafficking Act, it is prohibited to promote or facilitate the trafficking in persons.

Furthermore, the Committee observes that section 59 of the Child and Youth Welfare Act attaches criminal liability to any parent who sells or abandons a child to another person for valuable consideration, causes or encourages the child to lead an immoral or dissolute life. Noting that numerous legal provisions that prohibit the sale and trafficking of children under 18 years of age, the Committee asks the Government to provide information on their practical application.

2. Debt bondage or serfdom  The Committee notes that, under section 273 of the revised Penal Code, a person who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, retains a minor in his service, commits an offence. Section 274 of the Penal Code states that a person who, to enforce the payment of a debt, compels another person to work for him, against his/her will, as a household servant or farm labourer, commits an offence. Debt bondage and serfdom of children under 18 years of age is also prohibited under section 12D(1) of the Act on Special Protection Against Child Abuse, Exploitation and Discrimination.

3. Forced or compulsory labour. The Committee observes that, according to section 4 of the Anti-Trafficking Act, the recruitment of a person for the purpose of forced labour is prohibited. Section 5(g) of the Anti-Trafficking Act further provides that a person who knowingly benefits from, financially or otherwise, or uses the labour or services of a person held to a condition of forced labour, commits an offence. Forced or compulsory labour of children under 18 years of age is also prohibited under section 12 of Act No. 7610.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee observes that various legal provisions apply to both prostitution and pornography, while others deal specifically with one issue. Thus, under section 4(e) of the Anti-Trafficking Act No. 9208 of 2003, it is prohibited to maintain or hire a person to engage in prostitution or pornography. Section 4(d) of the aforementioned Act states that it is an offence to undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation. Section 11 of the Republic Act No. 7610 also states that establishments or enterprises which promote or facilitate child prostitution and other sexual abuse, obscene publications and indecent shows shall be immediately closed. The use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances is also prohibited under section 12 of Act No. 7610.

1. Use, procuring or offering of a child for prostitution. The Committee observes that, by virtue of section 5(a) of Republic Act No. 7610, it is prohibited to engage in or promote, facilitate or induce child prostitution which includes, but is not limited to, the following: (i) acting as a procurer of a child prostitute; (ii) inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (iii) taking advantage of influence or relationship to procure a child prostitute; (iv) threatening to use violence towards a child to engage him as a prostitute; or (v) giving monetary consideration, goods or other pecuniary benefit to a child in prostitution. It is also an offence to have sexual intercourse with a child prostitute (section 5(b) of Republic Act No. 7610). Section 5(c) of the abovementioned Act further states that it is prohibited to take advantage of child prostitution, whether as manager or owner of a brothel, sauna, disco, bar, or other types of establishments accepting child prostitutes.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 9 of Republic Act No. 7610, any person who hires, employs, uses, persuades or coerces a child under 18 years of age to: (i) perform in obscene exhibitions and indecent shows, whether live or in video; and (ii) pose or model in obscene publications or pornographic materials or to sell or distribute the said materials, commits an offence. The term "pornography" refers to any representation through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes (section 3 of the Anti-Trafficking Act).

Clause (c). Use, procuring or offering of a child for illicit activities, in particular, for the production and trafficking of drugs. The Committee observes that, by virtue of section 10(e) of Act No. 7610, a person who uses, coerces, forces or intimidates a child under 18 years of age (including a street child) to beg, to act as middleman in drug trafficking or undertake illegal activities, commits an offence. The Committee also observes that "the use, procuring or offering of a child under 18 years of age for illegal or illicit activities, including the production and trafficking of dangerous drugs or volatile substances prohibited under existing laws" is prohibited under section 12 of the aforementioned Act. The Committee requests the Government to provide information on the acts falling under "illegal or illicit activities" mentioned in sections 10(e) and 12 of Act No. 7610, as well as on the practical application of the provisions thereof.

Clause (d). Hazardous work.  The Committee observes that section 139(c) of the Labor Code prohibits the employment of children under 18 years of age "in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor". Section 12D of Act No. 7610 also states that no child under 18 years of age shall be engaged "in work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to their health, safety or morals".

Children working in agriculture. The Committee notes that, according to the ILO/IPEC rapid assessment ("Girl child labour in agriculture, domestic work and sexual exploitation", page 93), almost all children working in agriculture are engaged in crop cultivation, with 54 per cent spending time looking after livestock. Crop work includes planting, weeding, harvesting, watering and preparing the land. Twenty-three per cent are engaged in spraying pesticides, although it is prohibited by law. The Committee asks the Government to provide information on measures taken or envisaged to ensure that children working in agriculture do not perform hazardous work listed in Order No. 4 of 1999.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication that the types of hazardous work that shall not be performed by children under 18 years of age are listed in Department Order No. 4 of 1999. Indeed, section 3 provides for a detailed list of the types of hazardous work, including: (i) work which exposes children to physical, psychological or sexual abuse (i.e. work in cabarets, bars, dance halls, bath houses and massage clinics, etc.); (ii) work underground, underwater, at dangerous heights, or in confined places such as deep-sea fishing/diving, painting, building, window cleaning, etc.; (iii) work with dangerous machinery, equipment and tools, or which involves manual handling or transport of heavy loads (such as in logging, construction, operating agricultural machinery in mechanized farming, metalwork and welding, driving or operating heavy equipment such as bulldozers, working in warehouses, working in docks, etc.); (iv) work in an unhealthy environment which may expose children to hazardous processes, to temperatures, noise levels or vibrations damaging to their health, to toxic, corrosive, poisonous, noxious, explosive, flammable and combustible substances or composites, to harmful biological agents, or to other dangerous chemicals, including pharmaceuticals (i.e. manufacture or handling of pyrotechnics, pesticide spraying, recycling of batteries and containers or materials used or contaminated with chemicals, working in abattoirs or slaughterhouses, garbage collecting, working in hospitals or other health-care facilities etc.); and (v) work under particularly difficult conditions such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee also notes that, by virtue of section 4 of the abovementioned Order, persons aged 15 to 18 years of age may be allowed to engage in domestic or household service, but shall not perform the types of hazardous work listed above.

The Committee observes that section 12D of Act No. 7610 provides for a similar list of types of hazardous work which are prohibited for children under 18 years of age. The Committee accordingly asks the Government to provide information on the practical application of Order No. 4 of 1999 and section 12D of Act No. 7610.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that Department Order No. 33-02, provides the guidelines and operational procedures on the listing of child workers. The listing will enable the authorities implementing the National Programme Against Child Labor (NPACL) to identify hazardous work performed by child workers in specific areas, their immediate needs or concerns and the appropriate services and interventions necessary to improve the quality of life of these working children, their families and, possibly, their communities. The Committee asks the Government to provide information on the findings of the authorities.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, to be examined in May 2005, paragraph 283), that the Department of Labor and Employment considers labour inspection systems as a priority concern to strengthen the monitoring mechanism on the enforcement of child labour legislation. The Committee also observes that DOLE Administrative Order No. 47 of 18 February 1997, directed all labour inspectors to give priority to the inspection of establishments employing children, including security agencies, construction, shipping and other establishments classified as hazardous or high risk.

The Committee notes that, by virtue of section 128 of the Labor Code, labour inspectors are entitled to: (i) access employers’ records and premises at any time of the day or night whenever work is being undertaken therein; (ii) question employees and investigate any facts, conditions or matters which may be necessary to determine violations or which may aid in the enforcement of the Labor Code or any regulations issued pursuant thereto; (iii) issue compliance orders to give effect to the labour standards provisions; (iv) stop or suspend work that might cause grave and imminent danger to the health and safety of workers. The Committee requests the Government to provide information on the number of workplaces investigated per year and the labour inspection’s findings concerning the implementation of national legislation concerning the worst forms of child labour.

2. National Monitoring Team for Convention No. 182. The Committee notes that Memorandum Circular No. 1 of 18 March 2003 creates "the ILO Convention No. 182 National Monitoring Team". This team is responsible for monitoring, at the national and local levels, the planning, implementation and evaluation of programmes on the elimination of the worst forms of child labour, including the Time-Bound Programme (TBP). It shall: (i) ensure that the TBP is consistently formulated within the context of the NPACL and the national programmes related to child labour; (ii) develop policy or legislative agenda on the elimination of the worst forms of child labour; (iii) take immediate measures to ensure the prohibition and elimination of the worst forms of child labour through preventive interventions, direct assistance, social reintegration, and free basic education; and (iv) ensure the effective exchange of data and information between governmental and non-governmental agencies involved in the elimination of the worst forms of child labour.

3. Council to suppress trafficking in persons. The Committee observes that Executive Order No. 220 created an Executive Council to suppress trafficking in persons, particularly women and children. The Council is composed of representatives of the various ministerial departments, including the Department of Justice, the Department of Labor and Employment, the Department of Tourism, as well as representatives of the National Bureau of Investigation, representatives of the National Anti- Poverty Commission, the Philippine Center on Transnational Crime and representatives of the police. The Council is responsible for assisting the President in the formulation of policies and in their implementation in order to suppress trafficking in persons, especially children. It shall establish appropriate programmes in the following areas: rehabilitation and reintegration of victims; regional and international cooperation; law enforcement and legislative initiatives; advocacy, education, training and other preventive measures. The Committee asks the Government to provide information on the implementation of the abovementioned programmes and on the results achieved in eliminating trafficking in children.

4. Sagip-Batang Manggagawa. The Committee notes the Government’s indication that the launching of the Sagip-Batang Manggagawa Task Force "SBM" in 1994, was the start of a more concrete initiative towards enforcing prohibitive policies on child labour. The SBM is an inter-agency mechanism developed under the National Programme Against Child Labor for detecting, monitoring and rescuing children in the worst forms of child labour. It focuses on the following objectives: (i) establishment of community-based mechanisms for detecting, monitoring, and reporting the most hazardous forms of child labour; (ii) establishment of 24-hour Quick Action Team (QAT) network centres to immediately respond to serious child labour cases; and (iii) provision of physical and psychological services to child labour victims. The task force is composed of social welfare officers, labour inspectors, police officers and representatives of non-governmental organizations (NGOs). The Government also states that QATs have been established in all 16 regions of the country. The Government further states that an operational plan to curb trafficking of children for exploitative employment in the Visayas region was launched in 2001 under SBM. The plan consisted of intraregional schemes designed to closely monitor children who were illegally recruited in the provinces. The Committee asks the Government to continue to provide information on the concrete measures taken by the SBM to eliminate the worst forms of child labour and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour.  The Committee observes that the Government signed, in June 1994, a Memorandum of Understanding (MOU) for the Intensified, Sustained and Unified Implementation of the National Programme Against Child Labor in the country with ILO/IPEC. The MOU has been extended twice, with the second one being effective until December 2006. Since 1994, IPEC has implemented over 60 action programmes to combat child labour. The programme focuses on preventing children from engaging in the worst forms of child labour as well as withdrawing, rehabilitating and reintegrating those found working in the most hazardous occupations. The objectives are: (i) to make the invisible visible through a massive and diligent effort to identify, locate and list child workers, in particular, those engaged in the worst forms; (ii) to strengthen alliances with social partners; and (iii) to provide economic opportunities for families with child workers. The priority target groups are children engaged in prostitution, mining, quarrying, domestic work, pyrotechnics, agriculture and deep-sea fishing. The Committee asks the Government to provide information on the concrete measures taken under the NPACL to eliminate the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that section 16(c) of Act No. 7610 states that a person who violates the provision of section 12D (prohibition to engage a child under 18 years in the worst forms of child labour) or the employer of the subcontractor who employs, or the one who facilitates the employment of a child in hazardous occupations, is liable to a fine of 100,000 pesos to 1 million pesos, or/and imprisonment of not less than 12 years and 1 day to 20 years. The Committee further observes that various other provisions (including sections 27, 273 and 274 of the revised Penal Code; sections 5, 7, 10(e), 12, 12D(1), read in conjunction with 16(c), 12D(2), 12D(4), 16(b) and (d) of Act No. 7610; sections 4 and 10(a) of the Anti-Trafficking Act; sections 59 and 60 of the Child and Youth Welfare Act; section 4 of the Comprehensive Dangerous Drugs Act No. 9165) prohibit the worst forms of child labour and various penalties apply. The Committee, accordingly, asks the Government to provide information on the practical application of the various penalties laid down therein.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest, that a TBP was launched in June 2002 with the assistance of ILO/IPEC. The objective of the TBP is to support the Government of the Philippines in achieving its goal of reducing the worst forms of child labour by 75 per cent by 2015. The priority target groups are the same as those under the NPACL, i.e. children engaged in prostitution, mining, quarrying, domestic service, pyrotechnics, agriculture and deep-sea fishing. The overall strategic framework of the TBP includes strengthening the enabling environment for the elimination of the worst forms of child labour and developing direct actions for child labourers, their families and communities. The Committee notes that one of the major features of the project is the consultation approach which generated awareness and appreciation of the specific environments where children continue to be exploited. Separate consultations were held for employers, workers, and governmental and non-governmental organizations.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaigns. The Committee observes that, according to the TBP report on the Philippines of 2002, various awareness-raising projects on children working in hazardous conditions were launched in the country. For instance, the broadcasting of documentary films on the working conditions of children in mining, pyrotechnic productions and in sugar plantations, resulted in various individuals and organizations offering their assistance and support to ILO/IPEC. The Committee also notes that the workers alliances against child labour, composed of major national organizations of workers, are implementing an awareness-raising campaign against the worst forms of child labour, with the support of the ILO/ACTRAV. The Committee asks the Government to continue to provide information on awareness-raising programmes and their impact on preventing the engagement of children in the worst forms of child labour.

2. Trafficking of children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, to be examined in May 2005, paragraph 302), that a national strategy was developed to prevent and suppress the sale, trafficking and abduction of children. To this end, Administrative Order 114 directs the Department of Social Welfare and Development to screen the purpose of the travel of a child abroad and ensure that his/her best interest is protected before the issuance of a certificate to travel. The Committee asks the Government to provide information on the impact of the administrative order on preventing the trafficking of children for labour or sexual exploitation.

3. Access to free basic education. The Committee notes that, according to information contained in UNESCO’s documents and article XIV, section 1 and 2(2) of the Constitution, schooling is compulsory and free for children aged 6 to 12. The enrolment rate in elementary schools is 91 per cent according to an ILO/IPEC rapid assessment of 2002. The Committee also notes the Government’s indication that, by 2006, the TBP will provide opportunities for alternative education for 44,400 child workers and those at risk of engaging in the worst forms of child labour. The Committee asks the Government to continue to provide information on the measures taken to improve access to education for child workers and those at risk of engaging in the worst forms of child labour. It also asks the Government to indicate the impact of these measures in keeping children out of the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Children working in the tobacco industry. The Committee notes the Government’s indication that the Department of Labor and Employment and the non-governmental organization "Eliminate Child Labor in Tobacco-Growing (ECLT)", signed, in May 2003, a Memorandum of Agreement for the Elimination of Child Labor in the Tobacco Industry. The two-year project involves the parents of child labourers, local officials, governmental agencies, trade unions, tobacco growers and suppliers, and NGOs. The targets are child workers aged 7 to 17 years working in Ilocos Norte, Ilocos Sur, La Union and Pangasinan provinces. The Committee, accordingly, asks the Government to provide information on the impact of this programme on withdrawing children from hazardous work in the tobacco industry.

2. Children working in quarries. The Committee notes that, according to the TBP report of 2002, an ILO/IPEC-supported project entitled "Community Action Against Child Labor in the Quarry Sites in Montalban, Rizal" permitted to withdraw 350 children. A majority of these children are back in school. The Committee asks the Government to provide information on other measures taken or envisaged to withdraw and rehabilitate children working in quarries or mines.

3. Sexually exploited children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, to be examined in May 2005, paragraph 289) that, according to section 1 of Executive Order No. 56, a minor apprehended by the police for prostitution or committing other illicit activities, shall be delivered to the protective custody of the Department of Social Welfare and Development and provided with suitable rehabilitation programmes. The Committee asks the Government to provide information on the number of children apprehended and rehabilitated, as well as the types of rehabilitation measures provided.

4. Child victims of trafficking. The Committee notes that, by virtue of section 23 of the Anti-Trafficking Act, government agencies shall, in order to ensure recovery, rehabilitation and reintegration of child victims of trafficking, make available the following services: (i) emergency shelters or appropriate housing; (ii) counselling; (iii) free legal services; (iv) medical or psychological services; (v) skills training; and (vi) educational assistance. The Committee requests the Government to provide information on the number of child victims of trafficking who benefit from the abovementioned measures.

Clause (d). Identifying and reaching out to children at special risk. 1. Deep-sea fishing. The Committee notes that an agreement was signed in Cebu City, between the Department of Labor and Employment and three owners of major fishing corporations, reportedly employing children in fishing operations. The agreement aims at preventing children under 18 from being employed in "pa-aling fishing" (a form of deep-sea fishing), and to provide social services to affected children and their families. The Committee requests the Government to provide information on the impact of this agreement on the elimination of hazardous work in fishing operations.

2. Children engaged in drug trafficking. The Committee notes that, according to the rapid assessment conducted by ILO/IPEC (February 2002, pages xi and 26), children as young as 8 years old participate in drug trafficking; the majority of these are aged 10 to 15. For the city of Cebu alone, it is estimated that approximately 1,300 children are used for illegal drug trafficking, with 80 per cent being male. They are usually employed as runners (66 per cent), or to undertake posting (25 per cent) and repacking. The Committee observes that about 55 per cent of these children have completed primary school. It also notes that two-thirds of children engaged in drug trafficking were not in school at the time of the survey, and that about 43 per cent of them would have been interested in going back to school. The Committee asks the Government to provide information on the time-bound measures taken or envisaged to eliminate the use of children for drug trafficking.

3. Commercial sexual exploitation of children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add. 31, to be examined in May 2005, paragraph 292) that a Framework of Action Against the Commercial Sexual Exploitation of Children (2000-04) was launched. It aims at preventing and controlling the growth of the commercial sexual exploitation of children. It also observes that, according to a rapid assessment conducted by ILO/IPEC ("Girl Child Labor in Agriculture, Domestic Work and Sexual Exploitation 2004", pages 10 and 66-83), there were 40,000 child prostitutes in the Philippines in 1992, rising to 100,000 in 1997. The phenomenon affects mainly girls. Child prostitutes are generally around 16 or 17 years of age. Girls usually start at 15 and boys at 13 years. The study shows that nearly all children engaged in prostitution no longer attend school. The study illustrates moreover that the majority of abusers and exploiters are men, although women are also active as procurers, recruiters and suppliers. The Committee requests the Government to provide information on the impact of the Framework of Action Against the Commercial Sexual Exploitation of Children on protecting children from commercial sexual exploitation.

Article 8. International cooperation. The Committee notes that the Philippines is a member of Interpol which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the rights of the child in 1990, and signed the optional Protocol on the sale of children, child prostitution and child pornography in 2002.

Poverty alleviation. The Committee observes that the National Child Labor Committee, within the framework of the NPACL, has set the goal to reduce the number of children in hazardous occupations by 75 per cent by 2015, which is in line with the Millennium Development Goals of 2015 and the Medium-Term Philippine Development Plan for 2001-04 that outline a comprehensive set of policies and programmes to address the needs of the poor. These strategies are complemented by a programme for poverty alleviation "KALAHI" which target the poorest municipalities in the country through a holistic approach that incorporates land and credit reform, human development services, job creation, community participation in governance, and the social protection of groups that are vulnerable to economic shocks and natural disasters. These programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour. The Committee requests the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

Part V of the report form. The Committee observes that the National Statistics Office, in close collaboration with the Bureau of Labor and Employment Statistics of the Department of Labor and Employment, conducted two national surveys on children, the first in 1994-95 and the second in 2000-01. According to the most recent survey, there were about 4 million economically active children aged 5 to 17 years in 2001, which constitutes 16.2 per cent of the total population of children in that age group. Out of the 4 million child workers, about 60 per cent, or 2.4 million, were exposed to hazardous working environments. A significantly large number of children were working in mining, quarrying and construction work despite the extremely hazardous nature of employment in these sectors. Around 2.4 million, or 60 per cent, of the total number of working children worked without pay. The Committee asks the Government to continue to provide, in its next report, information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first detailed report and of the communication of the International Confederation of Free Trade Unions (ICFTU) dated 20 August 2003. The Committee also takes note of the Government’s reply to the ICFTU’s allegations contained in a communication dated 29 December 2003. It requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Compulsory recruitment of children for use in armed conflict. The Committee notes the ICFTU’s indication that numerous children under 18 take part in armed conflicts. The ICFTU states that, according to a report from the Department of Labor and Employment of the Philippines, the New People’s Army (NPA) includes 9,000 to 10,000 regular child soldiers, which represent between 3 and 14 per cent of NPA members. There were also reports of children being recruited into the Citizens Armed Force Geographical Units (a government aligned paramilitary group) and in the armed opposition groups, in particular the Moro Islamic Liberation Front. Citing an ILO study (Rapid Assessment on Child Soldiers in Central and Western Mindanao, February 2002), the ICFTU points out that about 60 per cent of child soldiers were compelled to enter into the armed groups. The ICFTU further states that child soldiers, aside from the obvious hazards of living and working in a military or conflict environment, work long hours, do not always get paid, are away from home and deprived of education.

The Committee notes that, by virtue of sections 3(a) and 22(b) of Act No. 7610 on the special protection of children against abuse, exploitation and discrimination, as amended by Act No. 9231 of 28 July 2003 (hereinafter referred to as Act No. 7610) children under 18 shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other armed groups, nor be allowed to take part in fighting, or used as guides, couriers, or spies. According to section 4(h) of Anti-Trafficking Act No. 9208 of 2003, it is prohibited to recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

The Committee also notes the Government’s indication that various government agencies, included the Commission on Human Rights, the Department of National Defence, the Armed Forces of the Philippines, and the Department of Social Welfare and Development signed an Agreement on the Handling and Treatment of Children involved in Armed Conflict on 21 March 2000. The following measures were identified to handle children involved in armed conflicts: (i) monitoring of children involved in armed conflict and rescued; (ii) establishing community based preventive and rehabilitative services for children involved in armed conflicts; and (iii) identifying villages ("barangay") where armed conflicts are more likely to occur. The Government further states that other programmes aim at providing children and families who are affected or involved in armed conflict with psychological, legal, medical, financial and educational assistance. The Committee also observes that a three-year programme supported by ILO-IPEC aims at removing and rehabilitating 200 child soldiers involved in armed conflict in the Mindanao region.

The Committee reminds the Government that by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests the Government to provide information on the impact of the various programmes mentioned above to eliminate the compulsory recruitment of children for use in armed conflict. It also invites the Government to redouble its efforts to ensure that children under 18 years of age are not forced to take part in armed conflict either within the national armed forces or rebel groups, and to supply information on any new measures taken or envisaged to this end.

Article 5. Monitoring mechanisms. The Committee notes that, by virtue of section 266 of Act No. 7610, the chairman of the village ("barangay") affected by the armed conflict shall submit the names of children residing in the said village ("barangay") to the municipal social welfare and development officer within 24 hours from the occurrence of the armed conflict. The Committee asks the Government to indicate whether the abovementioned measure has permitted children under 18 years of age from being compelled to enrol in the armed forces.

Article 7, paragraph 1. Penalties. The Committee notes that, by virtue of sections 3(a) and 22(b) of Act No. 7610, children under 18 shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies. The Committee notes that, by virtue of sections 4(h) and 10(a) of the Anti-Trafficking Act of 2003, a person who recruits, transports or adopts a child to engage in armed activities in the Philippines or abroad is liable to 20 years’ imprisonment and a minimum fine of 2 million pesos. The Committee requests the Government to provide information on the applicable penalties for the violation of section 22(b) of Act No. 7610, as well as information on the penalties imposed in practice on persons found recruiting, or transporting children for the purpose of engaging them in armed conflicts.