Observación (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Filipinas (Ratificación : 2000)

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.