Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Children working in agriculture. The Committee had previously observed that section 139(c) of the Labour 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". It had also noted 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 were 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 were engaged in spraying pesticides, although it was prohibited by law. The Committee had asked 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.

The Committee notes the Government’s indication that sugar cane plantations were identified as one of the priority areas under the Time-Bound Programme (TBP) on the elimination of the worst forms of child labour. The Government adds that an action programme taken pursuant to the TBP and entitled "Strengthening Labour Inspection Towards Eliminating the Worst Forms of Child Labour in the Provinces of Cebu and Negros Oriental" addresses the issue of children working in sugar cane plantations in Cebu and Negros Oriental. The action programme aims at preventing the employment of children in the worst forms of child labour in Cebu and Negros Oriental and strengthening capacities to enable effective child labour inspection and sensitize employers to the worst forms of child labour, including the hazards faced by children working in sugar cane plantations. The Government also underlines that one of the objectives of the Project on Eliminating Child Labour in the Tobacco Industry is to ensure that children of tobacco farmers in the province of Ilocos Norte, Ilocos Sur, La Union and Pangasinan do not perform hazardous work in tobacco plantations. To this end, advocacy campaigns were launched in 2005 targeting thousands of children, parents and employers. The Committee nevertheless notes that, according to the ICFTU’s report for the World Trade Organization General Council (Review of the trade policies of the Philippines, 29 June 2005), that most children working in agriculture were engaged in crop cultivation, including planting, weeding, and harvesting, and 23 per cent were involved in spraying pesticides. The Committee encourages the Government to continue its efforts to ensure that children under 18 years who work in agriculture do not perform hazardous work. It also asks the Government to continue to provide information on any developments in this regard and on the results achieved.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee had noted that section 3 of Department Order No. 4 of 1999, and section 12D of Act No. 7610, provide for similar detailed lists of the types of hazardous work that shall not be performed by children under 18 years of age. The Committee had accordingly asked the Government to provide information on the practical application of Order No. 4 of 1999 and section 12D of Act No. 7610. The Committee takes due note of section 29 of Order No. 65-04 of 26 July 2004 amending Act No. 7610 and according to which legal provisions that are inconsistent with the provisions of Order No. 65-04 are deemed to be modified accordingly.

Article 4, paragraph 2. Identification of hazardous work. The Committee had noted the Government’s indication that Department Order No. 33-02 provides guidelines and operational procedures on the listing of child workers. The listing will enable the authorities implementing the National Program 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 notes the Government’s indication that it established a Child Labour Masterlisting System, which is a database on child workers who shall benefit from the NPACL. It adds that 903 profiles of child workers are included therein. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, May 2005, paragraph 283), that the Department of Labor and Employment considered labour inspection systems as a priority concern to strengthen the monitoring mechanisms on the enforcement of child labour legislation. It had also observed 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 the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, 5 November 2004, paragraph 282) that there are only 250 inspectors responsible for controlling 80,000 establishments annually. It nevertheless highlights that the NPACL has established community surveillance systems for information on data-gathering to identify cases of child labour. The Committee once again 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. It also asks the Government to provide information on the findings of the community surveillance systems.

2. Sagip-batang manggagawa (SBM). The Committee had previously noted the Government’s indication that the launching of the Sagip-batang manggagawa Task Force (hereinafter "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 Program 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 had also stated that QATs have been established in all 16 regions of the country. It had further indicated that an operational plan to curb trafficking of children for exploitative employment in the Visayas region was launched in 2001 under SBM.

The Committee notes the Government’s indication that, from 1998 to April 2005, 1,761 children (including 847 females) were rescued from the worst forms of child labour by the SBM, four criminal cases were filed against employers found in breach of national legislation. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously observed that the Government signed, in June 1994, a Memorandum of Understanding (MOU) with ILO/IPEC for the Intensified, sustained and unified implementation of the National Programme Against Child Labour in the country. 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 takes due note of the Government’s indication that the NPACL includes various components such as the TBP, SBM mechanism and the Eliminating Child Labour in the Tobacco Industry (ECLTI) Project.

Article 7, paragraph 1. Penalties. The Committee had noted that the national legislation (section 16(c) of Act No. 7610; sections 27, 273 and 274 of the revised Penal Code; sections 5, 7, 10(e), 12D(1), read in conjunction with 16(c), 12D(2), 12D(4), 16(b) and (d) of Act No. 7610; and section 4 of the Comprehensive Dangerous Drugs Act No. 9165) prohibits the worst forms of child labour and provide for sufficiently adequate and dissuasive penalties. Noting the absence of information in the Government’s report on the penalties imposed in practice, the Committee once again requests the Government to provide information in this regard.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had noted with interest that the Government, with the assistance of ILO/IPEC, launched a TBP in June 2002. The TBP is one of the components of the NPACL and aims at supporting 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 had also noted that one of the major features of the project was 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 had observed 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. The Committee had asked 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.

The Committee notes the Government’s indication that various advocacy activities were undertaken under the NPACL at different levels (national, regional, provincial, municipal and barangay/village) to raise awareness of stakeholders on the issue of child labour, focusing on its worst forms. It also observes that the Employers Confederation of the Philippines took measures to increase awareness and understanding of its member companies on child labour issues, through the recognition of child labour-free firms. It further observes that under the programme "Education of a child for the future" ("Pag-aaral ng bata para sa kinabukasan") established in 2003 by the Educational Research and Development Assistance Foundation and the National Coalition on Child Participation, advocacy sessions and consultations were held in November 2004 in Davao, Camarines Norte, Iloilo and Negros Occidental to provide child labourers (including representatives of children working in mines, sugar plantations, pyrotechnics and fishing) with information on their rights and responsibilities and programmes run by the Government to eliminate the worst forms of child labour. The Committee takes due note of this information.

2. Education. The Committee had previously noted that, according to information contained in UNESCO 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 was 91 per cent according to an ILO/IPEC rapid assessment of 2002. The Committee had also noted 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 notes the Government’s indication that the Educational Research and Development Assistance Foundation has provided educational and financial assistance in the form of school supplies, uniforms and contributions to 2,050 child workers between 1998 and 2003, and to 650 child workers for the period 2003-04. It also observes that the programme "Education of a child for the future", launched by the same Foundation in 2003, has contributed to bring vulnerable children to school, and thus reducing the risk for these children to engage in the worst forms of child labour. The Committee further observes that 12,300 children were enrolled in formal education under the ILO/IPEC project entitled "Supporting the Time-Bound Programme on the Elimination of the Worst Forms of Child Labour in the Philippines". The Committee nevertheless notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/RESP/84, written replies, 22 April 2005, page 12) that access to elementary education is non-existent in 1,608 barangays/villages. The Government underlines that it hopes to improve access to education in these villages through the Education for All Programme of Action.

The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.259, 3 June 2005, paragraph 68), expressed its grave concern at the remaining barangays, which are not able to provide children with elementary education. It also expressed concern about the vulnerable groups of children such as children living in poverty, child labourers, children in armed conflicts, indigenous children, children infected with or affected by HIV/AIDS and street children who do not have equal access to elementary education. According to the Committee on the Rights of the Child, the high rate of children not completing primary education together with the high dropout rates in secondary education give cause to serious concern. Considering that education contributes to eliminating the worst forms of child labour, the Committee asks the Government to redouble its efforts to ensure that all children, in particular the most vulnerable and those living in remote areas, have access to free basic education. It also asks the Government to continue to provide information on progress made in this regard.

3. Commercial sexual exploitation of 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 292) that a Framework of Action Against the Commercial Sexual Exploitation of Children (2000-04) was launched. It aimed at preventing and controlling the growth of the commercial sexual exploitation of children. It had also observed that, according to a rapid assessment conducted by ILO/IPEC (Girl Child Labour 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. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the impact of the Framework of Action Against the Commercial Sexual Exploitation of Children on preventing the engagement of children in commercial sexual exploitation.

4. Children engaged in drug trafficking. The Committee had previously noted 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 children 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 had also observed that about 55 per cent of these children have completed primary school. It further noted 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 notes that an ILO/IPEC one-year action programme entitled "Integrated community-based drug prevention program for at-risk children in Baranday 91, Pasay City" was launched in 2003 to prevent and eliminate the use of children under 18 years of age in the production, sale and trafficking of drugs. The Committee accordingly asks the Government to provide information on the impact of the abovementioned ILO/IPEC action programme on preventing and eliminating the use of children for drug trafficking in Pasay City. It also asks the Government to provide information on any similar programmes taken or envisaged in other cities of the Philippines to prevent the use of children for drug trafficking.

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 had previously noted that the Department of Labor and Employment and the non-governmental organization "Eliminate Child Labour in Tobacco-Growing Foundation (ECLT)", signed, in May 2003, a Memorandum of Agreement for the Elimination of child labour in the tobacco industry. The two-year project involved the parents of child labourers, local officials, governmental agencies, trade unions, tobacco growers and suppliers, and NGOs. The targets were child workers aged 7 to 17 years working in Ilocos Norte, Ilocos Sur, La Union and Pangasinan provinces.

The Committee notes the Government’s indication that the project was extended to March 2006. It also indicates that educational assistance is currently provided to 100 selected children aged 7 to 17 years working in the tobacco industry. These beneficiaries are also provided with alternative livelihood assistance to enable them to become self-sufficient through the establishment of income-generating projects aside from tobacco growing to increase family income and enable them to meet their basic needs. The Committee encourages the Government to continue its efforts to withdraw children from hazardous occupations in the tobacco industry and to provide information in this respect. 

2. Children working in mines and quarries. The Committee had previously noted that, according to the TBP report of 2002, an ILO/IPEC-supported project entitled "Community action against child labour in the quarry sites in Montalban, Rizal" permitted to withdraw 350 children. A majority of these children were back in school. The Committee notes the Government’s indication that a programme entitled "Call to Action" was signed in 2005 by the Department of Labor and Employment, the Department of Environment and Natural Resources and the presidents of the Trade Union Congress of the Philippines and the Employers Confederation of the Philippines to eliminate child labour in mining and quarrying by 2015. In June 2005, round tables and forums were organized by employers, the National Child Labour Committee and the ILO Convention No. 182 National Monitoring Team as well as by provincial government (Camarines Norte; Davao City; Marilao; Bulacan; Mt. Diwata; Monayo; Compostela Valley) to raise awareness of child labour in mines and quarries and to reiterate the employers’ commitment towards eliminating the worst forms of child labour in the country. The Committee asks the Government to provide information on the concrete measures taken under the "Call to Action" programme to withdraw and rehabilitate children working in mines and quarries, as well as the results achieved.

3. Sexually exploited children. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, 5 November 2004, 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 notes that the Committee on the Rights of the Child, in its Concluding Observation (CRC/C/15/Add.259, 3 June 2005, paragraphs 84 and 85), expressed its grave concern about the sexual exploitation of children, including growing child prostitution, and the reported cases of child pornography in the country. It also observes that an ILO/IPEC programme entitled "Withdrawing and preventing children from commercial sexual exploitation through the child and family healing and recovery approach" was launched in May 2005, and will last 18 months. It aims at withdrawing and preventing children from commercial sexual exploitation in the cities of Cebu and Mandaue through the provision of psychosocial, health and education services. Another objective of the programme is to strengthen the moral and economic capacities of families in order to eliminate the commercial sexual exploitation of their sons or daughters. Noting that the ILO/IPEC programmes focus on combating the commercial sexual exploitation of children in the cities of Cebu and Mandaue, the Committee asks the Government to provide information on the measures taken or envisaged to withdraw children from commercial sexual exploitation in other cities and to provide for their rehabilitation and social reintegration. It also asks the Government to provide information on the number of children withdrawn from commercial sexual exploitation and rehabilitated.

Clause (c). Ensure access to education, and wherever possible and appropriate vocational training for all children removed from the worst forms of child labour. The Committee takes due note of the Government’s indication that under the TBP, child workers have been provided with non-formal education or vocational training.

Clause (d). Identifying and reaching out to children at special risk. 1.  Deep-sea fishing. The Committee had noted 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. Noting the absence of information in the Government’s report, the Committee once again asks the Government to provide information on the impact of this agreement on the elimination of hazardous work by children under 18 years in fishing operations.

2. Street children. The Committee notes that, according to the ICFTU’s report for the World Trade Organization General Council (Review of the trade policies of the Philippines, 29 June 2005), approximately 200,000 children live and work in the street, including in drug trafficking. It also notes that the Committee on the Rights of the Child, in its Concluding Observation (CRC/C/15/Add.259, 3 June 2005, paragraphs 82 and 83), expressed its grave concern about the high number of children living on the streets and their vulnerability to various forms of violence and abuse, including sexual exploitation and economic exploitation. The Committee on the Rights of the Child also noted the lack of a systematic and comprehensive strategy to address the situation and protect street children. The Committee accordingly requests the Government to provide information on the effective and time-bound measures taken to protect street children from the worst forms of child labour.

Article 8. International cooperation. Poverty alleviation. The Committee had previously observed that the National Child Labour 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. Noting the absence of information in the Government’s report on this point, the Committee once again 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. Referring to its previous comments, the Committee asks the Government 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.