Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Philippines (Ratification: 1998)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s information concerning the policy framework pursued to abolish child labour and progressively raise the minimum age for admission to employment. It had noted, in this regard, the launching of the Philippine National Strategic Framework for Plan Development for Children, 2000–25 and the National Programme of Action Against Child Labour (NPACL). The Committee notes the Government’s information that the social partners at the national and local levels recently participated in a series of strategic planning workshops for the formulation of the NPACL’s directions for the period 2007–15. According to the Government, child labour concerns have been mainstreamed in the Medium-Term Philippine Development Plan, Education for All National Action Plan and the National Plan of Action on Decent Work. Moreover, child labour indicators have been mainstreamed in national statistics such as the Labor Force Survey and the Annual Poverty Indicators Survey. The Committee also notes the Government’s information that workers and employers are actively and meaningfully involved in the national action against child labour. In fact, the workers’ groups have included anti-child-labour provisions in collective bargaining agreements, and have organized child labour monitoring amongst their members. The employers’ group promotes child-labour-free businesses and supply chains as a corporate social responsibility. Finally, the Committee notes with interest that through the IPEC support project to the Time-bound Programme (TBP) on the elimination of the worst forms of child labour, as of April 2007, more than 44,000 children have been prevented and withdrawn from the six priority forms of child labour (mining and quarrying; pyrotechnics production; deep-sea fishing; domestic labour; work in sugar cane plantations;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.

Article 2, paragraph 1. Scope of application. Following its previous comments, the Committee notes the Government’s information that the Department of Labor and Employment (DOLE) is implementing a Working Youth Center (WYC) programme which caters to employed, self-employed and underemployed persons between 15 and 30 years of age. The Committee observes that the Government does not provide information on the measures taken to ensure that self-employed children benefit from the protection laid down in the Convention, such as the minimum-age provisions and the prohibition on performing hazardous work. It further notes that, according to the statistical information contained in the Labor Force Survey for 2005 provided by the Government, there were 155,000 self-employed children aged 5–17 years found to be working. The Committee once again requests the Government to provide information on the manner in which self-employed children are covered by the protection provided for in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, according to UNESCO reports, schooling is compulsory for children aged 6–12 years. There accordingly appears to be a difference of three years between the age of completion of compulsory schooling (12 years of age) and the minimum age for admission to employment or work (15 years). The Committee trusted that the Government would, in its next report, indicate the measures taken or envisaged to raise the age of completion of compulsory schooling to 15 in order to protect children under that age from engaging in economic activities. The Committee notes the Government’s statement that it has not taken any measures to raise the age of completion of compulsory schooling to 15. However, under the Philippine Constitution, the State shall provide children with free elementary and secondary education. This prevents children from engaging in economic activities. Moreover, under section 12 of Act No. 7610, as amended by Act. No. 9231 of December 2003 (entitled: “An Act providing for the Elimination of the Worst Forms of Child Labour and affording stronger protection for the working child, amending for this purpose Republic Act No. 7610, otherwise known as the ‘Special Protection of Children against Abuse, Exploitation and Discrimination Act’”), children under 15 years are prohibited from engaging in any economic activities, except where: (a) the child’s employment is under the sole responsibility of his/her parents and where only members of his/her family are employed; (b) where the child participates in artistic performances. In these two cases, the child’s education should not be prejudiced. In this regard, the Committee notes that section 7 of Department Order No. 65-04, implementing Act No. 9231 of 2003, states that children working under the two exceptions established by section 12 of Act No. 7610, as amended by Act No. 9231, shall be provided with at least mandatory elementary or secondary education. The Committee is of the view that compulsory education is one of the most effective means of combating child labour. It encourages the Government to strengthen its efforts in order to increase school attendance and reduce school drop-out rates, so as to prevent the engagement of children in child labour. It also requests the Government to provide updated statistical information on school attendance and school drop-out rates.

Article 7. Minimum age for admission to light work. The Committee had previously observed the contradiction existing in the Philippine legislation regarding light work. It had also noted the Government’s indication that there was a pending bill in the 12th Congress of the Philippine Senate entitled “An Act adopting a magna carta for the working child providing for stronger deterrence and protection against child labour and imposing stiffer penalties for its violation and for other purposes”. The Committee had requested the Government to provide clarification on the applicable legislation concerning the employment of children in light work. The Committee notes the Government’s information that the Bill entitled “An Act adopting a magna carta for the working child providing for stronger deterrence and protection against child labour and imposing stiffer penalties for its violation and for other purposes” is one of the several bills consolidated with other child labour bills and passed into law as Act No. 9231 of 2003. Moreover, under section 15 of Order No. 65-04, children under 15 years who are allowed to work under the two exceptions enumerated in Act No. 9231 (family undertakings and artistic performances), can work for not more than four hours a day or for not more than 20 hours a week. The Committee observes that section 12 of Act No. 9231, provides that all laws, decrees or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Part III of the report form. Labour inspectorate. In its previous comments, the Committee had requested the Government to provide information on the measures taken or envisaged to improve the labour inspection system or any other enforcing bodies to ensure that national provisions giving effect to the Convention are effectively implemented. The Committee notes the Government’s information that the DOLE has developed, through DOLE Administrative Order No. 296 of 2002, a Labour Standards Enforcement Framework as a new approach to improve its labour inspectorate system. Moreover, DOLE Order No. 57-04, series of 2004 (Guidelines implementing the labour standards enforcement framework) was issued to ensure compliance with labour standards in all establishments, workplaces and worksites. According to the Government, there is also a checklist containing general and occupational safety and health standards which is used by labour inspectors in the course of their visits to establishments. Included in the checklist are labour standards on the employment of children and young workers. The Committee notes the Government’s information that the DOLE inspectors ensure compliance with the minimum requirements of the general labour standards, including occupational safety and health standards and other related laws. Should the inspectors yield violations committed by the employers, rectification is required. Otherwise, the corresponding penalty is imposed. The violator shall be criminally prosecuted and penalized accordingly for the infraction committed. The same rules apply for violations of other laws pertaining to minors and young workers.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the 2001 statistical information contained in the ITUC report for the World Trade Organization General Council (“Review of the trade policies of the Philippines”, 29 June 2005), child labour was a problem in the country. Out of 4 million economically active children aged
5–17 years, 246,000 were found working in the 5–9 years age group, and 1.9 million in the 10–14 years age group. The Committee notes the Government’s information that, according to the statistical information contained in the Labor Force Survey for 2005 provided by the Government, 2,128,000 children between 5 and 17 years were found working, of which 1,220,000 were unpaid family workers, 751,000 wage and salary workers, and 155,000 self-employed workers. It also notes that, according to the DOLE statistics, 65 young workers were found working in the inspected establishments as of December 2006. The Committee further notes the Government’s information that from 1998 to 2006 there were 599 rescue operations conducted by an inter-agency team composed of the DOLE, the Philippine National Police, the National Bureau of Investigation and the Department of Social Welfare and Development to remove children working in exploitative and hazardous situations. A total of 2,159 child workers were rescued through these operations, of which 1,097 were girls. Finally, the Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, a certain number of children have been prevented and withdrawn from the following forms of child labour through the provision of education and training and rehabilitative measures: (a) 6,934 children have been prevented and 12,659 withdrawn from exploitative work in sugar plantations; (b) 443 children were prevented and 1,487 withdrawn from mining and quarrying; and (c) 3,224 children were prevented and 4,658 withdrawn from exploitative child domestic labour. The Committee requests the Government to continue providing statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.