Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Philippines (Ratification: 2000)

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.