Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Filipinas (Ratificación : 2000)

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Observación

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that the sale and trafficking of children under 18 years for labour and sexual exploitation is prohibited by several legislative provisions. However, the Committee noted the allegation of the International Trade Union Confederation (ITUC) that many children are easy targets for trafficking due to 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 further indicated that despite training to police and prosecutors on child trafficking, the number of successful prosecutions of trafficking to date was disappointing. Moreover, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 22 October 2009, expressed concern at the high number of women and children who continued to be trafficked from, through and within the country for purposes of sexual exploitation and labour, as well as at the low number of prosecutions and convictions of traffickers (CRC/C/PHL/CO/3-4, paragraph 78).

The Committee notes the information from the Government that the Department of Labour and Employment (DOLE) has issued Administrative Order No. 65 of 2011 to create the Steering Committee Against Trafficking in Persons to serve as an advisory body on policies and programmes to prevent labour-related trafficking of local and overseas Filipino Workers. This Steering Committee will seek to ensure compliance with the Anti-Trafficking in Persons Act No. 9208 of 2003. The Committee also notes the Government’s statement that it is imperative to foster and coordinate efforts between concerned government agencies, local governments and other partners, to ensure the effective prevention of the trafficking of children. In this regard, the Government indicates that it conducted orientation seminars for local officials throughout 2011 to raise awareness on the laws governing overseas recruitment and trafficking. The Government also indicates that it has proposed further orientations in regions where illegal recruitment and human trafficking are prevalent. The Committee further notes the Government’s indication that the DOLE has included, in the proposed Revised Rules and Regulations Governing Recruitment and Placement of Local Employment, a provision requiring recruitment and placement agencies to commit to not engaging in the recruitment or placement of children as provided by legislation prohibiting child trafficking.

The Committee takes due note of measures taken by the Government to combat trafficking in children but observes that this remains an issue of concern in practice. The Committee accordingly requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out. It further requests the Government to provide statistical information on the number of prosecutions, convictions and penalties imposed. Finally, it requests the Government to take the necessary measures to ensure the adoption of the provision of the Revised Rules and Regulations Governing Recruitment and Placement of Local Employment requiring agencies not to engage in the placement or recruitment of children, as prohibited by Acts Nos 9208 and 9231.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that, pursuant to Act No. 7610, the compulsory recruitment of children under 18 years to serve in the Armed Forces of the Philippines (civilian units or other armed groups) is prohibited. However, the Committee noted the ITUC’s comments of 30 August 2006, that numerous children under 18 years continued to take 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 further noted the signature of an action plan by the MILF in July 2009, with concrete and time-bound steps to prevent the recruitment of children and promote their reintegration into civilian life. However, the Committee also noted that the CRC, in its concluding observations of 22 October 2009, expressed concern at the continued reports on the recruitment of children by armed groups to serve as combatants, spies, guards, cooks or medics (CRC/C/PHL/CO/3-4, paragraph 69). The CRC expressed further concern that children continued to join armed groups mainly due to poverty, indoctrination, manipulation, neglect or absence of opportunities, and at the lack of effective implementation of the legislation prohibiting the recruitment and use of children in hostilities, including no prosecutions for the recruitment or use of children in armed conflict (CRC/C/OPAC/CO/1 of 15 July 2008, paragraph 20).

The Committee notes 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). The Committee also notes the information on the website of the SRSG that the process of identifying child soldiers began in August 2010, and that by April 2011, approximately 600 children from the MILF had been registered by trained community members with the support of UNICEF. Efforts would be made to ensure that these children have access to basic services such as education, health and community programmes to prevent recruitment. The Committee further notes the information from the Annual report of the SRSG that, in April 2011, the SRSG met with high level representatives of the Government Peace Panel of the National Democratic Front of the Philippines (NDFP–NPA) to support the negotiation and development of an action plan with the NDFP–NPA on the recruitment and use of children within its ranks. This report indicates that NDFP–NPA representatives agreed to continue the talks and to start negotiations on the provisions of an action plan (A/HRC/18/38, paragraph 46).

Lastly, the Committee notes that the SRSG has identified the Philippines as a country where the implementation of action plans has been 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, paragraphs 18 and 19). The Committee requests the Government to strengthen its efforts to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict is eliminated within the country. In this regard, 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. The Committee also requests the Government to pursue and support efforts to ensure that children under 18 years are released from the ranks of all armed groups within the country, and that these children are rehabilitated and reintegrated into their communities.

Article 3(d) and Article 4(1). Hazardous work and child domestic work. The Committee previously noted that children under 18 years of age are prohibited to perform the types of hazardous work listed in Department Order No. 4 of 1999 (section 3). However, it 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. In this regard, the Committee 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, as 83 per cent of child domestic workers lived in their employers’ home, and were given little time off. The ITUC underlined that the Domestic Workers’ Bill (Batas Kasambahay), would be a vital step in addressing the abuse and exploitation of child domestic workers in the Philippines. The Committee noted the Government’s indication that the Domestic Workers’ Bill was under deliberation.

The Committee notes with interest the information in the Government’s report that the Domestic Workers’ Bill has been approved on its third and final reading in the Senate, and that this Bill sets the minimum age requirement for domestic workers at 18 years of age. The Committee also notes the Government’s statement that through the ABK 2 Initiative Project (a project implemented by World Vision during 2007–11 to combat child labour through education), a total of 4,948 children in domestic labour were assisted. Lastly, the Committee notes that, within the framework of the second phase of the ILO–IPEC assisted Philippine Time-bound Programme (PTBP) (for the years 2009–13), targeted beneficiaries include child domestic workers. The Committee requests the Government to take measures to ensure, in the very near future, the adoption of the Domestic Workers’ Bill providing a minimum age of 18 years for domestic work. It also requests the Government to pursue its efforts, within the framework of the ABK 2 Initiative and the PTBP, to protect persons under 18 years from domestic work in the form of forced labour or hazardous domestic work, and to provide information on the results achieved.

Articles 5 and 7(1). Monitoring mechanisms and penalties. The Committee previously noted the establishment of the Inter-Agency Quick Action Team under the Sagip Batang Mangagagawa (SBM), an inter-agency mechanism to monitor and rescue children from the worst forms of child labour.

The Committee notes the information in the Government’s report that the SBM Quick Action Teams conducted a total of 845 rescue operations and rescued a total of 2,980 child labourers from hazardous and exploitative work between 2003 and the first half of 2011. Moreover, the Government states that, through inspections, the DOLE removed two child labourers from a sugar cane farm in Batangas Province. The Committee also notes the Government’s indication that charges have been filed against two persons with relation to the trafficking of 17 women and 1 minor in Cagayan de Oro City. The Government’s report also contains information regarding the conviction of two persons for engaging a child in prostitution in two cases involving four children (both boys and girls). The Government indicates that one of the perpetrators was given a penalty of 10 to 12 years imprisonment for each offence. The Committee further notes the Government’s indication that since 2003, the DOLE has permanently closed 26 establishments which had employed 113 children for prostitution or obscene performances. Taking due note of the significant number of children removed from the worst forms of child labour, the Committee urges the Government to ensure that all persons found to be engaging such children in these worst forms are penalized with sufficiently effective and dissuasive penalties. In this regard, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for all cases involving child trafficking, the commercial sexual exploitation of children and the engagement of children in hazardous activities.

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