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.