Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (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.