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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Children working in agriculture. The Committee had previously observed that the Philippine legislation establishes that no child under 18 years of age shall be engaged in hazardous work (section 139(c) of the Labor Code and section 12D of Act No. 7610). The Committee had noted that the Government adopted various measures aimed at preventing and combating the employment of children in hazardous work in agriculture. Particularly, it had noted 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 launched in June 2002 with the assistance of ILO/IPEC. It had also noted 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 on tobacco plantations. To this end, advocacy campaigns were launched in 2005 targeting thousands of children, parents and employers.

The Committee notes the Government’s information that, in celebration of the World Day against Child Labour for 2007, the National Child Labor Committee led by the Department of Labor and Employment (DOLE) conducted in June 2007 a Forum on Child Labour in Agriculture aimed at raising awareness of the plight of child labourers in agriculture and taking action to ensure that children do not carry out hazardous work in agriculture. The Forum also served as a venue for sharing some programme initiatives to eliminate child labour in sugar cane and tobacco plantations. The highlight of the Forum was the signing of a “Call to Action” to end child labour in agriculture between the DOLE, the Department of Agriculture, the Department of Agrarian Reform (representing the Government); the Trade Union Congress of the Philippines and the Federation of Free Workers (representing the workers); and the Employers’ Confederation of the Philippines (representing the employers). The Committee notes with interest that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 6,934 children have been prevented and 12,659 withdrawn from exploitative work in sugar plantations through the provision of educational and training or other non-education related services (including counselling, basic health care, rehabilitation support and assistance for reintegration into society). The Committee requests the Government to provide information on the concrete measures taken pursuant to the signing of the “Call to Action” to ensure that children do not carry out hazardous work in agriculture.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour.
1. Awareness-raising campaigns. Following its previous comments, the Committee notes with interest the Government’s information that the following awareness-raising initiatives were launched targeting the worst forms of child labour:

(a)   media advertisements on the worst forms of child labour and on provisions of Act No. 9231;

(b)   a DVD series produced by UNICEF and ILO/IPEC featuring four priority worst forms of child labour (mining, work in sugar cane plantations; domestic labour and commercial sexual exploitation);

(c)   five anti-child-labour shows in Manila organized by the Trade Union Congress of the Philippines and reaching about 20,000 people;

(d)   local level orientation at the barangay level, reaching 185,052 individuals and 3,868 organizations in 2,565 villages and 15 regions;

(e)   an IPEC-supported action programme entitled “Media Advocacy and Campaign against the Worst Forms of Child Labor in Camarines Norte” (province with high incidence of children engaged in small-scale mining, domestic labour and commercial sexual exploitation).

2. Education. The Committee had previously noted that schooling is compulsory and free for children aged 6–12 years. The enrolment rate in elementary schools was 91 per cent according to an ILO/IPEC rapid assessment of 2002. The Committee had noted that various programmes were launched between 1998 and 2004 in order to contribute to bringing child workers and other vulnerable children to school. The Committee, however, had noted 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 was non-existent in 1,608 barangays (villages). It had 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 on the Rights of the Child 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. The Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, the Education for All (EFA) National Plan 2015, has been approved in January 2006. One of the main objectives of this plan is the provision of basic education for all through alternative learning systems. Moreover, a number of other initiatives, including the Open High School Program and the DOLE programme for building of schools in child-labour-affected communities entitled “Classroom from Filipinos Abroad”, were taken by the Government in order to contribute to the accomplishment of the EFA 2015. The Committee requests the Government to provide information on the impact of these measures on providing free basic education to all children, especially the vulnerable groups of children mentioned above and those living in remote areas. It also requests the Government to provide updated statistical data on school attendance and school drop-out rates.

3. Commercial sexual exploitation of children. Following its previous comments, the Committee notes the Government’s information that the Subcommittee on the Prevention of Sexual Abuse and Commercial Sexual Exploitation of Children (SACSEC) under the Council for the Welfare of Children, conducted a strategic planning workshop in October 2006 to come up with a strategic plan for the period 2007–10 to respond to the goals of the Framework of Action against the Commercial Sexual Exploitation of Children, aimed at preventing and controlling the growth of the commercial sexual exploitation of children. For 2007, the priority activities of the SACSEC include: learning courses on SACSEC issues; reviewing and enhancing procedures of surveillance, detection and rescue of children; advocacy on SACSEC in mainstreaming to local development plans in targeted areas; enhancing the database management system. The Committee also notes the Government’s information that the Department of Tourism (DOT), in partnership with Child Wise Tourism Australia, has adopted the “Child Wise Tourism in the Philippines” programme and continues to enjoin hotels, resorts, tour operators and other actors of the private tourism industry to report suspected cases of child sex tourism. Maximizing its existing partnership, the DOT trains the private sector on how to detect cases and where to report them. Moreover, according to the Government, the “End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes” (ECPAT-Philippines) implements the project “Continuing Community Empowerment against Sexual Exploitation of Children”. This project aims to raise community awareness on trafficking of children in selected high-risk communities and seeks to empower children through development workshops. The Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 1,274 children have been prevented and 1,850 withdrawn from commercial sexual exploitation through the provision of educational or other non-education related services.

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 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. The Committee had 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 once again asks 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. It also once again 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 DOLE and the NGO “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 – which targeted child workers aged 7–17 years working in Ilocos Norte, Ilocos Sur, La Union and Pangasinan provinces – involved the parents of child labourers, local officials, governmental agencies, trade unions, tobacco growers and suppliers and NGOs. The Committee noted that the project was extended to March 2006. It had noted that educational assistance and other rehabilitative measures, had been provided to 100 selected children aged 7–17 years working in the tobacco industry. The Committee notes the Government’s information that, in October 2006, the Geneva-based Eliminate Child Labour in Tobacco Growing (ECLT) Foundation approved the proposal for a Phase II of the ECLT Project. According to the Government, Phase II is being implemented for another two years (2007–08) and targets 286 children aged from 7 to 17 years involved in the tobacco farming and their families. Target areas are still the provinces of Ilocos Norte, Ilocos Sur, La Union and Pangasinan. Major components of the projects are the provision of educational assistance to children and livelihood assistance to their parents.

2. Children working in mines and quarries. The Committee had previously noted that a programme entitled “Call to Action” was signed in 2005 between the DOLE, 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. The Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 443 children were prevented and 1,487 withdrawn from mining and quarrying through the provision of educational and non-education related services. The Committee once again requests 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.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that, under the TBP, 11,963 children have been prevented and 17,425 withdrawn from exploitative child labour through the provision of educational services or training opportunities. Moreover, 6,449 children have been prevented and 5,354 withdrawn from exploitative child labour through the provision of other non-education related services.

Clause (d). Identifying and reaching out to children at special risk.
1. Deep-sea fishing. Following its previous comments, the Committee notes the Government’s information that the agreement signed between the DOLE and the owners of three major fishing corporations has contributed to prevent children from participating in deep-sea fishing. Community-level mechanisms have also been installed to prevent the recruitment of children in hazardous work such as deep-sea fishing. The Committee notes the Government’s statement that co-opting employers through binding agreements can be an effective strategy in the advocacy for the elimination of child labour. It also notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, 3,109 children were prevented and 1,643 withdrawn from exploitative fishing work through educational and non-education related services.

2. Street children. The Committee had previously noted that, according to the ITUC’s report for the World Trade Organization General Council (Review of the trade policies of the Philippines, 29 June 2005), approximately 200,000 children lived and worked on the streets, including in drug trafficking. It notes the Government’s information that a National Network for Street Children, an inter-agency body composed of relevant national government agencies, NGOs, and local task forces in 32 cities nationwide, has been in existence for about 20 years to address the plight of street children. With the devolution of services for street children to the local governmental units, the local task forces became directly responsible for coordinating and monitoring programmes and services for street children at the city and village levels. Several protective and rehabilitative services have been provided by the agencies of the national network and by local task forces to street children. These services include: education, vocational training, and other alternative learning schemes; counselling and psychological services; legal and judicial protection services.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Trade Union Congress of the Philippines performs child labour monitoring as one of its contributions to the elimination of the worst forms of child labour. As of October 2006, it had withdrawn 60 child labourers from three sugar cane plantations in Negros Oriental. It rescued six girls from prostitution and prevented the employment of 100 children in the sex industry. The Committee notes with interest the information provided by the Government that through the ILO/IPEC “Supporting the Time-bound Programme on the Elimination of the Worst Forms of Child Labour in the Republic of Philippines”, as of April 2007, more than 44,000 children have been prevented and withdrawn from the six priority worst forms of child labour (mining and quarrying; pyrotechnics production; deep-sea fishing; domestic labour; work in sugar cane plantations; commercial sexual exploitation) through education, vocational training, counselling, legal assistance and rehabilitation support. Approximately 4,400 family members generated and increased their incomes through livelihood support in the form of microcredit, basic literacy, vocational training and micro-enterprise start up. The Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, in total 17,317 children were prevented and 23,874 withdrawn from the six priority worst forms of child labour through educational and non-education related services. 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.