Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Philippines (Ratification: 2000)

Autre commentaire sur C182

Observation

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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. Following its previous comments, the Committee takes note of the report of 19 April 2013 of the Special Rapporteur on trafficking in persons, especially women and children, following her mission to the Philippines (A/HRC/23/48/Add.3). The Special Rapporteur observed that trafficking of persons, mostly women and children, for labour exploitation was proliferating in various sectors, including agricultural, construction, fishing, manufacturing and services industries. In addition, she noted that trafficking in women and children for sexual exploitation is widespread, both cross-border and internally. Exploitation of children, especially girls, for sex tourism is alarmingly common and sometimes socially and culturally tolerated in many areas of the country. While recognizing the current Government’s enormous efforts, the Special Rapporteur noted that, given the prevalence of trafficking, only 1,711 cases were registered by the Inter-Agency Council Against Trafficking (IACAT) from 2005 to January 2013. Furthermore, while noting that the Government made significant efforts to investigate and prosecute trafficking cases, she reported that investigation and arrest of offenders seem to be focused on cases involving sexual exploitation. Of the 106 convictions secured (as of April 2013), very few cases pertain to trafficking for labour exploitation (only two out of the 31 persons convicted in 2011). Furthermore, the Special Rapporteur observed that despite widespread acknowledgement of the problem by government officials, deep-rooted corruption at all levels of law enforcement continues to be a major obstacle in the identification of trafficked persons, as well as a hindrance to the effective investigation of trafficking cases. In numerous cases, law enforcement officials were directly implicated in trafficking cases, which resulted in a deep mistrust of law enforcement officers by trafficked persons.

The Committee notes the Government’s information that the Department of Justice (DOJ) established a case-monitoring programme to detect and address any delays in the resolution of cases of trafficking in persons. Moreover, a comprehensive database of all the cases of trafficking was created, in which the DOJ and the IACAT, established under the Anti-Trafficking in Persons Act No. 9208 of 2003 (ATIP Act), monitors and inventories the cases pending in the Regional Trial Courts of the country. The Government indicates that, between 2005 and 2012, there have been 1,891 cases filed involving trafficking in persons and 103 convictions, involving 113 persons convicted. In addition, the Government indicates that the Department of Labour and Employment (DOLE) Regional Offices also detected several labour cases involving minors, such as in Region VI, where assistance was given to eight minors working as migrant workers in sugar plantations in the preparation of their affidavits and filing of complaints for illegal recruitment and trafficking in persons, or in Region XIII, where 73 trafficking victims were rescued.

While taking note of the measures taken by the Government, the Committee must express its serious concern at the reports of high prevalence of trafficking in children for both labour and sexual exploitation, and at the allegations of corruption from public officials. The Committee therefore urges 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 by ensuring that thorough investigations and robust prosecutions of the perpetrators of such acts, including state officials suspected of complicity are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed.

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: the New People’s Army included 9,000 to 10,000 regular child soldiers, and children were reportedly being recruited in the armed opposition groups, in particular the Moro Islamic Liberation Front (MILF). The Committee also noted the information in the annual report of the Special Representative of the Secretary-General for children and armed conflict (SRSG) of 21 July 2011 that, pursuant to the action plan signed by the United Nations and the MILF in 2009, child protection efforts had been translated into concrete action by the MILF (A/HRC/18/38, paragraph 13). However, the Committee noted that the SRSG identified the Philippines as a country where the implementation of action plans was delayed due to a lack of funding and where the reintegration of children formerly associated with armed forces and groups continues to be hampered by the lack of economic opportunities in already poor regions (A/HRC/18/38, paragraph 19).

The Committee notes the Government’s indication that it does not condone the recruitment of children in militias and that it is 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, the Committee notes that, according to the report of the Secretary-General on children and armed conflict in the Philippines of 12 July 2013 (S/2013/419), in the reporting period of 1 December 2009 to 30 November 2012, the parties to the conflict responsible for the recruitment, use, killing and maiming of children, included the MILF, the New People’s Army, the Abu Sayyaf Group, and the Armed Forces of the Philippines. Moreover, the country task force received reports of 51 incidents of recruitment and use of children which involved at least 59 children (at least 52 boys and seven girls from 10 to 17 years of age). The Committee therefore expresses its concern that children are still being recruited and forced to join illegal armed groups or the national armed forces in practice. The Committee therefore urges the Government to take immediate and effective measures 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) and 4(1). Hazardous work and child domestic work. The Committee previously noted the ITUC’s allegations that hundreds of thousands of children, mainly girls, worked as domestic workers in the Philippines and were subject to slavery-like practices. The ITUC further underlined that 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 ITUC also referred to some examples of physical, psychological and sexual abuses and injuries suffered by children under 18 years of age, especially girls employed as domestic workers, and some examples of children working in harmful and hazardous conditions. 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 with interest that the Domestic Workers’ Bill was approved on its third and final reading in the Senate, and that this Bill set the minimum age requirement for domestic workers at 18 years of age.

The Committee notes that Republic Act No. 10361 instituting policies for the protection and welfare of domestic workers was adopted in July 2012. The Committee observes that 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. Moreover, the Act institutes 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. While taking note of the Government’s efforts in regulating domestic work, the Committee reminds the Government that, under Article 3(a) and (d) of the Convention, work done by young persons under 18 years of age under conditions similar to slavery or under hazardous conditions constitutes one of the worst forms of child labour and, under the terms of Article 1, should be eliminated as a matter of urgency. The Committee therefore requests the Government to take immediate and effective steps 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 requests the Government to provide information on the number of investigations, prosecutions, convictions, and penal sanctions applied.

The Committee is raising other points in a request addressed directly to the Government.