Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. It also notes the communication of the International Trade Union Confederation (ITUC) dated 30 August 2006. It finally takes note of the detailed discussion which took place at the Conference Committee on the Application of Standards of the 95th Session of the International Labour Conference in June 2006. 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 sale and trafficking of children under 18 years for labour and sexual exploitation is prohibited by the Philippine legislation under various provisions (sections 7 and 18 of Act No. 7610; section 4 of the Anti-trafficking in Persons Act No. 9208 of 2003; section 59 of the Child and Youth Welfare Act). It had noted the ITUC’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. 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. The ITUC added that a large number of victims of trafficking were promised work as domestic workers only to be led into prostitution. The Committee had noted that the Visayan Forum Foundation (VFF) initiated the organization of a multi-sectoral network against trafficking in October 2003. It had also noted that the Government took some measures to prevent trafficking of children, such as the adoption of Administrative Order No. 114 aimed at screening the purpose of the travel of a child abroad and ensuring that his/her best interest is protected before the issuance of a certificate to travel.

The Committee notes the Government’s information during the Conference Committee discussion that, in the framework of the ILO/IPEC Time-bound programme (TBP) signed in 2002, 1,200 children were rescued from trafficking.

It also notes the ITUC’s allegation that the Department of Labor and Employment (DOLE) regulations regarding recruitment and placement of domestic labourers are not yet attuned to the new trafficking law of 2003.

The Committee notes with interest that the Philippines adopted a number of measures aimed at preventing and combating the trafficking of children. Particularly, it notes the Government’s information that the DOLE prepared the proposed amendments to the Rules Governing Private Recruitment and Placement Agencies to Local Employment. These amendments will introduce in the abovementioned Rules the provisions against child trafficking contained in Act No. 9231 (Act providing for the elimination of the worst forms of child labour) and in the Anti-trafficking in Persons Act of 2003. Moreover, some local government units have passed local ordinances to address the child trafficking issue in their respective communities such as Ordinance No. 52 (Paombong, Bulacan) and Ordinance No. 566 (Marilao, Bulacan), which implement and enforce the provisions of the Anti-trafficking in Persons Act of 2003. Furthermore, the Committee notes that the Government has also taken specific measures aimed at preventing and combating trafficking for the purpose of exploitation in domestic work such as Ordinance No. SP-1472, series of 2004 (Quezon City) entitled “An ordinance enjoining all barangay officials of Quezon City to conduct massive registration of Kasambahay and/or domestic workers in their respective barangays”. In addition, according to the information available at the Office, in 2006, the Philippine Overseas Employment Agency (POEA) issued new employment requirements for overseas Filipino household workers to protect them from trafficking and widespread employer abuse. Such requirements raised the minimum age for domestic work from 18 to 23 years and provided that prospective domestic workers must obtain a certificate of competency attesting to their skills. Employers are required to submit employment contracts for verification. Moreover, in order to protect overseas Filipino domestic workers from illegal recruitment, foreign employers are required to undergo pre‑qualification screening by the Philippine Overseas Labor Office and submit a written statement committing themselves to the fair and humane treatment of their domestic workers. The Committee welcomes the comprehensive measures taken by the Government to prevent and combat the trafficking of children under 18 years. It requests the Government to continue to provide information on the measures taken to prevent and combat the trafficking of children under 18 years, in particular for domestic work and commercial sexual exploitation, and the results achieved.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that the compulsory recruitment of children under 18 years to serve in the armed forces of the Philippines (civilian units or other armed groups), as well as to take part in fighting or to be used as guides, couriers or spies, is prohibited by law (sections 3(a) and 22(b) of Act No. 7610). The trafficking of children for such purposes is also prohibited (section 4(h) of the Anti-trafficking in Persons Act of 2003). The Committee had nevertheless noted the ITUC’s indication that numerous children under 18 continued to take part in armed conflicts. Particularly, based on a report from the DOLE of the Philippines, the ITUC stated that the New People’s Army (NPA) included 9,000 to 10,000 regular child soldiers (representing between 3 and 14 per cent of NPA members). Children were also reportedly 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 (MILF). The ITUC had also pointed out that about 60 per cent of child soldiers were compelled to enter into the armed groups. Moreover, the Committee had observed 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), even though the Inter-Agency Committee for Children Involved in Armed Conflict was mandated to initiate projects for the rescue, rehabilitation and reintegration of children involved in armed conflict, as of September 2004, no measures for the disarmament, demobilization and reintegration of child soldiers had been taken by the NPA or the MILF.

The Committee notes the Government’s information that both government forces and non-state entities maintain a policy of not recruiting children for direct hostilities. There has been no evidence of systematic or forcible recruitment of children by the NPA and the MILF. Children volunteer their support mainly because of the influence of family, peers and community members. It also notes the Government’s information that, based on reports from combined sources, including the Department of National Defence, there were 186 children involved in armed conflicts for the period 2001–06. Of this number, 174 children have been demobilized and reunited with their families and brought back to school. Moreover, the DOLE implemented the Community Sala’am (Peace) Corps Project, wherein 300 children between 9 and 21 years of age affected by armed conflict were given education, skills training, employment and livelihood assistance for the period 2005–06. While welcoming the measures adopted by the Government to demobilize and rehabilitate children affected by armed conflict, the Committee requests the Government to take prompt and effective action to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict, directly or indirectly, is eliminated both in the national armed forces and in rebel groups. It also requests the Government to continue to provide information on the effective and time-bound measures taken to rehabilitate and integrate children affected by the armed conflict, and to indicate how many of these children under 18 years have been rehabilitated and reintegrated in their communities through such measures.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work and child domestic work. The Committee had previously noted that children under 18 years of age shall not perform the types of hazardous work listed in Department Order No. 4 of 1999 (section 3). It had also noted that, by virtue of section 4 of the same Order, persons aged 15–18 years may be allowed to engage in domestic or household service, but shall not perform the types of hazardous work listed in section 3 of the Order. The Committee had noted the ITUC’s allegation that hundreds of thousands of children, mainly girls, worked as domestic workers in the Philippines and were subject to slavery-like practices. Particularly, these children were deprived of opportunities for education and isolated from their families. The ITUC further underlined that, based on a study undertaken under the TBP, 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. They were on call 24 hours a day, and more than half of them dropped out of school. The Committee had noted the Government’s indication that several draft bills aimed at protecting the rights and welfare of domestic workers were under examination by Congress.

The Committee also notes the ITUC’s more recent allegations dated 30 August 2006 based on the “Trafficked into forced labor: Selected cases of domestic workers in the Philippines” study, published in 2006 by the VFF with support from ILO/IPEC. Particularly, the ITUC refers to some examples of physical abuses and injuries suffered by children under 18 years, especially girls employed as domestic workers. It also refers to some examples of children working in hazardous conditions. The ITUC points out that, notwithstanding the positive initiatives taken by the Government at the level of local legislation regulating the employment of domestic workers, there are limitations in both law and practice which need to be addressed as a matter of urgency. Particularly, while the Labor Code requires employers to treat their domestic workers fairly and humanely, it lacks specific measures to tackle existing exploitative practices. In this regard, the ITUC underlines that the Domestic Workers’ Bill (Batas Kasambahay), first filed in Congress in 1995, which sets out the rights of domestic workers and defines for them decent working standards, has remained pending for over ten years. According to the ITUC, the enactment of this Bill would bring the treatment of domestic workers closer to the standards applied to workers in the formal sector. Moreover, domestic workers would be given the right to humane treatment, basic food and shelter, security of employment, minimum wage and prescribed hours of work. Finally, the Bill would ensure the use of written contracts formalizing the terms and conditions of work.

The Committee notes the Government’s information during the Conference Committee discussion that, in the framework of the TBP, 1,500 children were rescued from domestic labour. It also notes the Government’s information that bills filed during the 13th Congress aimed at protecting the rights and welfare of domestic workers were not passed into law. With the 14th Congress, it is expected that these bills will be filed for enactment into law. It also observes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 3,224 children were prevented from exploitative child domestic labour (of which 2,423 through the provision of education or training and 801 through other rehabilitative services); and 4,658 children were withdrawn from exploitative child domestic labour (of which 2,091 through the provision of education or training and 2,567 through other rehabilitative services). While observing the successful results achieved under the TBP, the Committee expresses its serious concern at the economic and sexual exploitation which continues to be experienced by child domestic workers. It requests the Government to redouble its efforts 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. The Committee expresses the firm hope that the Domestic Workers’ Bill (Batas Kasambahay), which would specifically address the situation of domestic workers, will be enacted soon. It requests the Government to provide information on any developments made in this regard.

Article 5. Monitoring mechanisms. The Committee notes with interest that the Government has adopted a number of measures to monitor the application of the Convention and enforce it. Particularly, it notes the Government’s information that the Inter-Agency Council Against Trafficking (IACAT) adopted the National Strategic Plan against Trafficking in Persons 2004–10, which covers the key components of prevention, protection, recovery and reintegration of victims of trafficking. It also notes the Government’s information that the Trade Union Congress of the Philippines set up an anti-trafficking project aimed at monitoring and reporting on cases of trafficking. The Committee finally notes the Government’s information that the Philippine Center on Transnational Crime (PCTC) is in charge of formulating and implementing a concerted programme of action for all law enforcement agencies, intelligence agencies and other relevant bodies for the prevention and control of trafficking in women and children. Through improved coordination, the PCTC is likewise directed to undertake research and maintain a database on trafficking. Moreover, the Department of Justice (DOJ), with support from UNICEF, has trained a pool of 30 state prosecutors to handle cases involving women and children, with a focus on gender-sensitive and child-friendly investigation procedures and the effective handling and gathering of evidence against perpetrators. The Philippine National Police (PNP) has trained 230 police investigators on the investigation of child trafficking, pornography and prostitution. The Committee welcomes these measures and requests the Government to continue providing information on the impact of these measures on eliminating the trafficking of children.

Article 7, paragraph 1. Penalties. 1. Trafficking. The Committee notes the ITUC’s allegation that while the Philippine Government has passed the Anti-trafficking in Persons Act of 2003, implementation is still a challenge. Thus, while the new law has increased penalties for child trafficking, there have been only three convictions to date, all of which relate to prostitution.

The Committee notes the Government’s information during the Conference Committee discussion of June 2006 that seven criminal cases were being pursued for trafficking. It also notes that, according to information available at the Office, the Philippine Government showed some improvements in arresting, prosecuting and convicting traffickers. In 2006, law enforcement agencies filed 60 new trafficking cases with the DOJ. In addition, Philippine law permits private prosecutors to prosecute cases under the direction and control of a public prosecutor. The Government has used this provision effectively, allowing and supporting an NGO to file 23 cases. According to the same source, the Government is currently (in 2007) engaged in 107 prosecutions of trafficking crimes, with more being investigated. Moreover, the Government has 17 dedicated anti-trafficking prosecutors in the DOJ and 72 additional prosecutors in regional DOJ offices. Finally, the Philippine Coast Guard, under the Department of Transportation and Communication, searched several ferries in order to identify trafficking victims and recruiters.

2. Compulsory recruitment in armed conflict. The Committee had previously noted that, by virtue of sections 4(h) and 10(a) of the Anti-trafficking in Persons 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. The Committee once again requests the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. 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 and domestic work. The Committee had previously noted that the VFF provides child victims of trafficking with temporary shelter and psychological services. The VFF for the period 2000–04 assisted a total of 3,000 victims of trafficking for prostitution, domestic work or other types of hazardous work.

The Committee notes the ITUC’s allegation that the Government’s efforts to provide non-formal education and other alternative learning systems for reintegrating child domestic workers in the education system have been largely unsuccessful due to the lack of centres and teachers.

The Committee notes with interest the Government’s information that, for the period July 2005–June 2006, the VFF assisted a total of 4,465 child victims of trafficking and child domestic workers. Educational assistance in the form of schools fees, transportation, school supplies and tutorial services were provided. Some of the children housed in the VFF halfway houses were provided with information technology training and other life skills training. The Committee also notes the Government’s information that the Manila International Airport Authority (MIAA) and VFF signed on July 2006 a Memorandum of Agreement to build a halfway house for trafficked women and children at the Ninoy Aquino International Airport (NAIA). Moreover, MIAA will construct a halfway house/shelter at the NAIA complex aimed at providing temporary shelter to victims of trafficking trapped at the NAIA. The VFF is being tasked to supervise and manage the various programmes and services for the trafficked victims.

The Committee is also addressing a direct request to the Government concerning certain other points.