Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s first and second detailed reports and requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 7 of Act No. 7610, any person who engages in trading and dealing with children under 18 years including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, commits an offence. Section 12 of the aforementioned Act also prohibits the sale and trafficking of children under 18 years.

The Committee observes that, by virtue of section 4 of Anti-Trafficking Act No. 9208 of 2003, it is prohibited, for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage: (i) to recruit, transport, transfer, harbour, provide or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship; (ii) to introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under Act No. 6955, any Filipino woman to a foreign national for marriage for the purpose of acquiring, buying, offering, selling or trading her; (iii) to offer or contract marriage, real or simulated for the purpose of acquiring, buying, offering, selling, or trading him/her; and (iv) to adopt or facilitate the adoption of persons. Under the terms of section 5 of the Anti-Trafficking Act, it is prohibited to promote or facilitate the trafficking in persons.

Furthermore, the Committee observes that section 59 of the Child and Youth Welfare Act attaches criminal liability to any parent who sells or abandons a child to another person for valuable consideration, causes or encourages the child to lead an immoral or dissolute life. Noting that numerous legal provisions that prohibit the sale and trafficking of children under 18 years of age, the Committee asks the Government to provide information on their practical application.

2. Debt bondage or serfdom  The Committee notes that, under section 273 of the revised Penal Code, a person who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, retains a minor in his service, commits an offence. Section 274 of the Penal Code states that a person who, to enforce the payment of a debt, compels another person to work for him, against his/her will, as a household servant or farm labourer, commits an offence. Debt bondage and serfdom of children under 18 years of age is also prohibited under section 12D(1) of the Act on Special Protection Against Child Abuse, Exploitation and Discrimination.

3. Forced or compulsory labour. The Committee observes that, according to section 4 of the Anti-Trafficking Act, the recruitment of a person for the purpose of forced labour is prohibited. Section 5(g) of the Anti-Trafficking Act further provides that a person who knowingly benefits from, financially or otherwise, or uses the labour or services of a person held to a condition of forced labour, commits an offence. Forced or compulsory labour of children under 18 years of age is also prohibited under section 12 of Act No. 7610.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee observes that various legal provisions apply to both prostitution and pornography, while others deal specifically with one issue. Thus, under section 4(e) of the Anti-Trafficking Act No. 9208 of 2003, it is prohibited to maintain or hire a person to engage in prostitution or pornography. Section 4(d) of the aforementioned Act states that it is an offence to undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation. Section 11 of the Republic Act No. 7610 also states that establishments or enterprises which promote or facilitate child prostitution and other sexual abuse, obscene publications and indecent shows shall be immediately closed. The use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances is also prohibited under section 12 of Act No. 7610.

1. Use, procuring or offering of a child for prostitution. The Committee observes that, by virtue of section 5(a) of Republic Act No. 7610, it is prohibited to engage in or promote, facilitate or induce child prostitution which includes, but is not limited to, the following: (i) acting as a procurer of a child prostitute; (ii) inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (iii) taking advantage of influence or relationship to procure a child prostitute; (iv) threatening to use violence towards a child to engage him as a prostitute; or (v) giving monetary consideration, goods or other pecuniary benefit to a child in prostitution. It is also an offence to have sexual intercourse with a child prostitute (section 5(b) of Republic Act No. 7610). Section 5(c) of the abovementioned Act further states that it is prohibited to take advantage of child prostitution, whether as manager or owner of a brothel, sauna, disco, bar, or other types of establishments accepting child prostitutes.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 9 of Republic Act No. 7610, any person who hires, employs, uses, persuades or coerces a child under 18 years of age to: (i) perform in obscene exhibitions and indecent shows, whether live or in video; and (ii) pose or model in obscene publications or pornographic materials or to sell or distribute the said materials, commits an offence. The term "pornography" refers to any representation through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes (section 3 of the Anti-Trafficking Act).

Clause (c). Use, procuring or offering of a child for illicit activities, in particular, for the production and trafficking of drugs. The Committee observes that, by virtue of section 10(e) of Act No. 7610, a person who uses, coerces, forces or intimidates a child under 18 years of age (including a street child) to beg, to act as middleman in drug trafficking or undertake illegal activities, commits an offence. The Committee also observes that "the use, procuring or offering of a child under 18 years of age for illegal or illicit activities, including the production and trafficking of dangerous drugs or volatile substances prohibited under existing laws" is prohibited under section 12 of the aforementioned Act. The Committee requests the Government to provide information on the acts falling under "illegal or illicit activities" mentioned in sections 10(e) and 12 of Act No. 7610, as well as on the practical application of the provisions thereof.

Clause (d). Hazardous work.  The Committee observes that section 139(c) of the Labor Code prohibits the employment of children under 18 years of age "in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor". Section 12D of Act No. 7610 also states that no child under 18 years of age shall be engaged "in work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to their health, safety or morals".

Children working in agriculture. The Committee notes that, according to the ILO/IPEC rapid assessment ("Girl child labour in agriculture, domestic work and sexual exploitation", page 93), almost all children working in agriculture are engaged in crop cultivation, with 54 per cent spending time looking after livestock. Crop work includes planting, weeding, harvesting, watering and preparing the land. Twenty-three per cent are engaged in spraying pesticides, although it is prohibited by law. The Committee asks the Government to provide information on measures taken or envisaged to ensure that children working in agriculture do not perform hazardous work listed in Order No. 4 of 1999.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes 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 provides for a detailed list of the types of hazardous work, including: (i) work which exposes children to physical, psychological or sexual abuse (i.e. work in cabarets, bars, dance halls, bath houses and massage clinics, etc.); (ii) work underground, underwater, at dangerous heights, or in confined places such as deep-sea fishing/diving, painting, building, window cleaning, etc.; (iii) work with dangerous machinery, equipment and tools, or which involves manual handling or transport of heavy loads (such as in logging, construction, operating agricultural machinery in mechanized farming, metalwork and welding, driving or operating heavy equipment such as bulldozers, working in warehouses, working in docks, etc.); (iv) work in an unhealthy environment which may expose children to hazardous processes, to temperatures, noise levels or vibrations damaging to their health, to toxic, corrosive, poisonous, noxious, explosive, flammable and combustible substances or composites, to harmful biological agents, or to other dangerous chemicals, including pharmaceuticals (i.e. manufacture or handling of pyrotechnics, pesticide spraying, recycling of batteries and containers or materials used or contaminated with chemicals, working in abattoirs or slaughterhouses, garbage collecting, working in hospitals or other health-care facilities etc.); and (v) work 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. The Committee also notes that, by virtue of section 4 of the abovementioned 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.

The Committee observes that section 12D of Act No. 7610 provides for a similar list of types of hazardous work which are prohibited for children under 18 years of age. The Committee accordingly asks the Government to provide information on the practical application of Order No. 4 of 1999 and section 12D of Act No. 7610.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that Department Order No. 33-02, provides the guidelines and operational procedures on the listing of child workers. The listing will enable the authorities implementing the National Programme Against Child Labor (NPACL) to identify hazardous work performed by child workers in specific areas, their immediate needs or concerns and the appropriate services and interventions necessary to improve the quality of life of these working children, their families and, possibly, their communities. The Committee asks the Government to provide information on the findings of the authorities.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, to be examined in May 2005, paragraph 283), that the Department of Labor and Employment considers labour inspection systems as a priority concern to strengthen the monitoring mechanism on the enforcement of child labour legislation. The Committee also observes that DOLE Administrative Order No. 47 of 18 February 1997, directed all labour inspectors to give priority to the inspection of establishments employing children, including security agencies, construction, shipping and other establishments classified as hazardous or high risk.

The Committee notes that, by virtue of section 128 of the Labor Code, labour inspectors are entitled to: (i) access employers’ records and premises at any time of the day or night whenever work is being undertaken therein; (ii) question employees and investigate any facts, conditions or matters which may be necessary to determine violations or which may aid in the enforcement of the Labor Code or any regulations issued pursuant thereto; (iii) issue compliance orders to give effect to the labour standards provisions; (iv) stop or suspend work that might cause grave and imminent danger to the health and safety of workers. The Committee requests the Government to provide information on the number of workplaces investigated per year and the labour inspection’s findings concerning the implementation of national legislation concerning the worst forms of child labour.

2. National Monitoring Team for Convention No. 182. The Committee notes that Memorandum Circular No. 1 of 18 March 2003 creates "the ILO Convention No. 182 National Monitoring Team". This team is responsible for monitoring, at the national and local levels, the planning, implementation and evaluation of programmes on the elimination of the worst forms of child labour, including the Time-Bound Programme (TBP). It shall: (i) ensure that the TBP is consistently formulated within the context of the NPACL and the national programmes related to child labour; (ii) develop policy or legislative agenda on the elimination of the worst forms of child labour; (iii) take immediate measures to ensure the prohibition and elimination of the worst forms of child labour through preventive interventions, direct assistance, social reintegration, and free basic education; and (iv) ensure the effective exchange of data and information between governmental and non-governmental agencies involved in the elimination of the worst forms of child labour.

3. Council to suppress trafficking in persons. The Committee observes that Executive Order No. 220 created 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 Labor and Employment, the Department of Tourism, as well as representatives of the National Bureau of Investigation, representatives of the National Anti- Poverty Commission, 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. The Committee asks the Government to provide information on the implementation of the abovementioned programmes and on the results achieved in eliminating trafficking in children.

4. Sagip-Batang Manggagawa. The Committee notes the Government’s indication that the launching of the Sagip-Batang Manggagawa Task Force "SBM" in 1994, was the start of a more concrete initiative towards enforcing prohibitive policies on child labour. The SBM is an inter-agency mechanism developed under the National Programme Against Child Labor for detecting, monitoring and rescuing children in the worst forms of child labour. It focuses on the following objectives: (i) establishment of community-based mechanisms for detecting, monitoring, and reporting the most hazardous forms of child labour; (ii) establishment of 24-hour Quick Action Team (QAT) network centres to immediately respond to serious child labour cases; and (iii) provision of physical and psychological services to child labour victims. The task force is composed of social welfare officers, labour inspectors, police officers and representatives of non-governmental organizations (NGOs). The Government also states that QATs have been established in all 16 regions of the country. The Government further states that an operational plan to curb trafficking of children for exploitative employment in the Visayas region was launched in 2001 under SBM. The plan consisted of intraregional schemes designed to closely monitor children who were illegally recruited in the provinces. The Committee asks the Government to continue to provide information on the concrete measures taken by the SBM to eliminate the worst forms of child labour and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour.  The Committee observes that the Government signed, in June 1994, a Memorandum of Understanding (MOU) for the Intensified, Sustained and Unified Implementation of the National Programme Against Child Labor in the country with ILO/IPEC. The MOU has been extended twice, with the second one being effective until December 2006. Since 1994, IPEC has implemented over 60 action programmes to combat child labour. The programme focuses on preventing children from engaging in the worst forms of child labour as well as withdrawing, rehabilitating and reintegrating those found working in the most hazardous occupations. The objectives are: (i) to make the invisible visible through a massive and diligent effort to identify, locate and list child workers, in particular, those engaged in the worst forms; (ii) to strengthen alliances with social partners; and (iii) to provide economic opportunities for families with child workers. The priority target groups are children engaged in prostitution, mining, quarrying, domestic work, pyrotechnics, agriculture and deep-sea fishing. The Committee asks the Government to provide information on the concrete measures taken under the NPACL to eliminate the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that section 16(c) of Act No. 7610 states that a person who violates the provision of section 12D (prohibition to engage a child under 18 years in the worst forms of child labour) or the employer of the subcontractor who employs, or the one who facilitates the employment of a child in hazardous occupations, is liable to a fine of 100,000 pesos to 1 million pesos, or/and imprisonment of not less than 12 years and 1 day to 20 years. The Committee further observes that various other provisions (including sections 27, 273 and 274 of the revised Penal Code; sections 5, 7, 10(e), 12, 12D(1), read in conjunction with 16(c), 12D(2), 12D(4), 16(b) and (d) of Act No. 7610; sections 4 and 10(a) of the Anti-Trafficking Act; sections 59 and 60 of the Child and Youth Welfare Act; section 4 of the Comprehensive Dangerous Drugs Act No. 9165) prohibit the worst forms of child labour and various penalties apply. The Committee, accordingly, asks the Government to provide information on the practical application of the various penalties laid down therein.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest, that a TBP was launched in June 2002 with the assistance of ILO/IPEC. The objective of the TBP is to support the Government of the Philippines in achieving its goal of reducing the worst forms of child labour by 75 per cent by 2015. The priority target groups are the same as those under the NPACL, i.e. children engaged in prostitution, mining, quarrying, domestic service, pyrotechnics, agriculture and deep-sea fishing. The overall strategic framework of the TBP includes strengthening the enabling environment for the elimination of the worst forms of child labour and developing direct actions for child labourers, their families and communities. The Committee notes that one of the major features of the project is the consultation approach which generated awareness and appreciation of the specific environments where children continue to be exploited. Separate consultations were held for employers, workers, and governmental and non-governmental organizations.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaigns. The Committee observes that, according to the TBP report on the Philippines of 2002, various awareness-raising projects on children working in hazardous conditions were launched in the country. For instance, the broadcasting of documentary films on the working conditions of children in mining, pyrotechnic productions and in sugar plantations, resulted in various individuals and organizations offering their assistance and support to ILO/IPEC. The Committee also notes that the workers alliances against child labour, composed of major national organizations of workers, are implementing an awareness-raising campaign against the worst forms of child labour, with the support of the ILO/ACTRAV. The Committee asks the Government to continue to provide information on awareness-raising programmes and their impact on preventing the engagement of children in the worst forms of child labour.

2. Trafficking of children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, to be examined in 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 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 asks the Government to provide information on the impact of the administrative order on preventing the trafficking of children for labour or sexual exploitation.

3. Access to free basic education. The Committee notes that, according to information contained in UNESCO’s documents and article XIV, section 1 and 2(2) of the Constitution, schooling is compulsory and free for children aged 6 to 12. The enrolment rate in elementary schools is 91 per cent according to an ILO/IPEC rapid assessment of 2002. The Committee also notes the Government’s indication that, by 2006, the TBP will provide opportunities for alternative education for 44,400 child workers and those at risk of engaging in the worst forms of child labour. The Committee asks the Government to continue to provide information on the measures taken to improve access to education for child workers and those at risk of engaging in the worst forms of child labour. It also asks the Government to indicate the impact of these measures in keeping children out of the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Children working in the tobacco industry. The Committee notes the Government’s indication that the Department of Labor and Employment and the non-governmental organization "Eliminate Child Labor in Tobacco-Growing (ECLT)", signed, in May 2003, a Memorandum of Agreement for the Elimination of Child Labor in the Tobacco Industry. The two-year project involves the parents of child labourers, local officials, governmental agencies, trade unions, tobacco growers and suppliers, and NGOs. The targets are child workers aged 7 to 17 years working in Ilocos Norte, Ilocos Sur, La Union and Pangasinan provinces. The Committee, accordingly, asks the Government to provide information on the impact of this programme on withdrawing children from hazardous work in the tobacco industry.

2. Children working in quarries. The Committee notes that, according to the TBP report of 2002, an ILO/IPEC-supported project entitled "Community Action Against Child Labor in the Quarry Sites in Montalban, Rizal" permitted to withdraw 350 children. A majority of these children are back in school. The Committee asks the Government to provide information on other measures taken or envisaged to withdraw and rehabilitate children working in quarries or mines.

3. Sexually exploited children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, to be examined in May 2005, paragraph 289) that, according to section 1 of Executive Order No. 56, a minor apprehended by the police for prostitution or committing other illicit activities, shall be delivered to the protective custody of the Department of Social Welfare and Development and provided with suitable rehabilitation programmes. The Committee asks the Government to provide information on the number of children apprehended and rehabilitated, as well as the types of rehabilitation measures provided.

4. Child victims of trafficking. The Committee notes 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 requests the Government to provide information on the number of child victims of trafficking who benefit from the abovementioned measures.

Clause (d). Identifying and reaching out to children at special risk. 1. Deep-sea fishing. The Committee notes that an agreement was signed in Cebu City, between the Department of Labor and Employment and three owners of major fishing corporations, reportedly employing children in fishing operations. The agreement aims at preventing children under 18 from being employed in "pa-aling fishing" (a form of deep-sea fishing), and to provide social services to affected children and their families. The Committee requests the Government to provide information on the impact of this agreement on the elimination of hazardous work in fishing operations.

2. Children engaged in drug trafficking. The Committee notes that, according to the rapid assessment conducted by ILO/IPEC (February 2002, pages xi and 26), children as young as 8 years old participate in drug trafficking; the majority of these are aged 10 to 15. For the city of Cebu alone, it is estimated that approximately 1,300 children are used for illegal drug trafficking, with 80 per cent being male. They are usually employed as runners (66 per cent), or to undertake posting (25 per cent) and repacking. The Committee observes that about 55 per cent of these children have completed primary school. It also notes that two-thirds of children engaged in drug trafficking were not in school at the time of the survey, and that about 43 per cent of them would have been interested in going back to school. The Committee asks the Government to provide information on the time-bound measures taken or envisaged to eliminate the use of children for drug trafficking.

3. Commercial sexual exploitation of children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add. 31, to be examined in May 2005, paragraph 292) that a Framework of Action Against the Commercial Sexual Exploitation of Children (2000-04) was launched. It aims at preventing and controlling the growth of the commercial sexual exploitation of children. It also observes that, according to a rapid assessment conducted by ILO/IPEC ("Girl Child Labor in Agriculture, Domestic Work and Sexual Exploitation 2004", pages 10 and 66-83), there were 40,000 child prostitutes in the Philippines in 1992, rising to 100,000 in 1997. The phenomenon affects mainly girls. Child prostitutes are generally around 16 or 17 years of age. Girls usually start at 15 and boys at 13 years. The study shows that nearly all children engaged in prostitution no longer attend school. The study illustrates moreover that the majority of abusers and exploiters are men, although women are also active as procurers, recruiters and suppliers. The Committee requests the Government to provide information on the impact of the Framework of Action Against the Commercial Sexual Exploitation of Children on protecting children from commercial sexual exploitation.

Article 8. International cooperation. The Committee notes that the Philippines is a member of Interpol which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the rights of the child in 1990, and signed the optional Protocol on the sale of children, child prostitution and child pornography in 2002.

Poverty alleviation. The Committee observes that the National Child Labor Committee, within the framework of the NPACL, has set the goal to reduce the number of children in hazardous occupations by 75 per cent by 2015, which is in line with the Millennium Development Goals of 2015 and the Medium-Term Philippine Development Plan for 2001-04 that outline a comprehensive set of policies and programmes to address the needs of the poor. These strategies are complemented by a programme for poverty alleviation "KALAHI" which target the poorest municipalities in the country through a holistic approach that incorporates land and credit reform, human development services, job creation, community participation in governance, and the social protection of groups that are vulnerable to economic shocks and natural disasters. These programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour. The Committee requests the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

Part V of the report form. The Committee observes that the National Statistics Office, in close collaboration with the Bureau of Labor and Employment Statistics of the Department of Labor and Employment, conducted two national surveys on children, the first in 1994-95 and the second in 2000-01. According to the most recent survey, there were about 4 million economically active children aged 5 to 17 years in 2001, which constitutes 16.2 per cent of the total population of children in that age group. Out of the 4 million child workers, about 60 per cent, or 2.4 million, were exposed to hazardous working environments. A significantly large number of children were working in mining, quarrying and construction work despite the extremely hazardous nature of employment in these sectors. Around 2.4 million, or 60 per cent, of the total number of working children worked without pay. The Committee asks the Government to continue to provide, in its next report, information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.