Observación (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

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

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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.