Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Ensuring access to free education. The Committee had previously noted that schooling is compulsory and free for children aged 6–12 years. It had also noted 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 barangays which were not able to provide children with elementary education. The Committee notes the statistical data provided by the Government on the school enrolment and drop-out rates estimated by the Department of Education. According to this data, the net enrolment ratio (NER) at the elementary and secondary level for the year 2006–07 was 83.22 per cent and 58.59 per cent, respectively. With regard to school drop-out rates, in 2006–07 the school drop-out rate in the elementary level was 6.37 per cent, and at the secondary level it was 8.55 per cent. The Committee observes that the school drop-out rates fell by 0.96 per cent at the elementary level and by 3.96 per cent at the secondary level.

The Committee notes the Government’s statement that the World Vision, under its Pag-aaral ng Bata para sa Kinabukasan (ABK) initiative in support of the Philippines Time-bound Programme (PTBP), provided educational assistance to 12,563 child labourers for school year 2004–05 and 13,142 child labourers were enrolled in schools in 2005–06. Moreover, under the ABK-2 (2007–11) 30,000 children engaged in or at risk of the worst forms of child labour will be provided with educational assistance. The Committee also notes the Government’s statement that, among the various programmes and projects implemented for the protection of displaced children, with the assistance of UNICEF, the Office of the Presidential Adviser on the Peace Process (OPAPP), the Departments of Health and Education implemented the Days of Peace campaign, which also provided basic school supplies to displaced children. It further notes the Government’s statement that within the framework of the UNICEF Country Programme for Children 2005–09, more than 20,000 children in 64 conflict-affected barangays were provided with basic services, including basic education and technical, vocational training and education. Moreover, 3,000 children in the conflict-ridden regions of Sulu, Samar, Surigao del Sur, Quezon, North Cotabato and Maguindanao were provided with school packs. The Government further states that the Child Hope Asia Philippines (CHAP) which addresses the needs of street children, implement the street education programme wherein about 2,500 street children are helped yearly, through education, particularly alternative education and vocational skills and training.

In its report to the Committee on the Rights of the Child (CRC/C/PHL/3-4, of 20 March 2009, paragraph 221), the Government stated that in 2006, the Department of Education pursued a package of policy reforms referred to as Basic Education Sector Reform Agenda (BESRA) which will enable the sector to attain the EFA goals by 2015. However, the Committee notes the Government’s indication to the Committee on the Rights of the Child that there is a serious concern about the increasing number of children who are not able to go to school which is currently estimated at 4.2 million. The Committee finally notes that the Committee on the Rights of the Child, in its Concluding Observations of 22 October 2009 (CRC/C/PHL/CO/3-4, paragraph 65) expressed its concern that certain vulnerable groups of children, such as children living in poverty, children with disabilities, working children, children in armed conflict, indigenous children, children infected with, or affected by, HIV/AIDS, and street children do not have access to equal education. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure access to free basic education for all children, including children belonging to vulnerable groups. It also requests the Government to take the necessary measures to increase school attendance rates and reduce school drop-out rates at the elementary and secondary level so as to prevent the engagement of children in the worst forms of child labour. The Committee finally requests the Government to provide information on the measures taken in this regard, and their impact.

2. 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 of age participate in drug trafficking; the majority of these children are aged 10–15. For the city of Cebu alone, it was estimated that approximately 1,300 children are used for illegal drug trafficking with 80 per cent being male. It had also 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 had noted that an ILO–IPEC one-year action programme entitled “Integrated community-based drug prevention program for at-risk children in Barangay 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 notes the information provided by the Government on the various programmes and awareness-raising campaigns initiated by the Government against drug abuse by children and to prevent them from being involved in the evils of illegal drugs. These initiatives include: awareness-raising programmes by the Philippine Drug Enforcement Agency; Project Himagsik; Barkadahan Kontra Droga; and Kontra Droga, 2004. The Committee requests the Government to indicate whether these measures also envisaged to prevent and eliminate the use of children for drug trafficking. It also requests the Government to provide information on any other measures taken or envisaged to prevent the use of children for drug trafficking. It finally requests the Government to provide information on the impact of the
ILO–IPEC action programme on preventing and eliminating the use of children for drug trafficking in Pasay City.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that the Sagip Batang Manggagawa mechanism to rescue child labourers has been operational in 16 regions around the country. From 1998 to 2008, a total of 806 rescue operations were conducted with a total of 2,711 child labourers rescued. It also notes the Government’s statement that, as of June 2009, the Department of Labour and Employment has closed down 15 establishments which employed 46 minors in prostitution or lewd or obscene performances. The Committee requests the Government to continue providing 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.