Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted the Government’s information that the Department of Labor and Employment  is implementing a Working Youth Center programme which caters to employed, self-employed and under-employed persons between 15 and 30 years of age. It had further noted 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 had requested the Government to provide information on the manner in which self-employed children are covered by the protection provided for in the Convention.

The Committee notes the information provided by the Government in its report, that several ordinances are in place at the local level which prohibit the employment of children both within and outside an employment relationship in certain sectors, such as: begging or any other services for pay in the streets; hiring or employing children in any business or entertainment establishments; work as waiter/waitresses/entertainers; and manufacturing of pyrotechnics or fire crackers. It also notes that by virtue of section 4 of the Department Order No. 4 of 1999, persons aged 15–18 years may be allowed to engage in domestic or household service. The Committee observes, however, that there appear to be no provisions which provide for the application of the minimum age provision to children working in the agricultural sector. In this context, the Committee notes that according to the Government’s report of 20 March 2009 to the Committee on the Rights of the Child (CRC/C/PHL/3-4, paragraph 255), the 2001 survey on working children reported that there were 4 million children engaged in economic activity, out of which 2.3 million children were found to be working in the agricultural sector. Observing that a very large number of children work in the agricultural sector, the Committee urges the Government to take the necessary measures to ensure that children under the minimum age specified by the Government (15 years) working in the agricultural sector enjoy the protection afforded by the Convention. In this regard, it requests the Government to envisage taking measures to adapt and strengthen the labour inspection services so that they can secure the protection set out in the Convention for children working in the informal sector, such as agriculture.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that schooling is compulsory for children aged 6–12 years. It had also noted the Government’s indication that no measures had been taken to raise the age of completion of compulsory schooling to 15. The Committee had therefore requested the Government to strengthen its measures in order to increase school attendance and reduce drop-out rates, so as to prevent the engagement of children in child labour. The Committee notes the Government’s information on the various measures undertaken to keep children in school, which include: (a) an alternative learning system for the disadvantaged children and out-of-school children; (b) Project EASE which provides self-learning modules; (c) the Modified In-school Off-School Project which provide self-learning modules for elementary students; (d) an Education Voucher System which provides vouchers to poor or deserving elementary students to enrol in private schools; and (e) the Special Programme for Employment of Students to facilitate drop-outs and other employed students to pursue their education. The Committee further 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 at the elementary and secondary levels 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 rates at 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. However, the Committee notes the Government’s indication in its report of 20 March 2009 to the Committee on the Rights of the Child (CRC/C/PHL/3-4, paragraph 211) 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. Considering that free and compulsory education is one of the effective means of combating child labour, the Committee requests the Government to take the necessary measures to raise the age of completion of schooling to 15 years. It also requests the Government to continue taking measures to improve the functioning of the education system, in particular by increasing school enrolment and attendance rates among children under 15 years of age at the primary as well as the secondary level.

Part V of the report form. Application of the Convention in practice. The Committee notes that according to the information provided by the Government in its report under Convention No. 182, the Sagip Batang Manggagawa, an inter-agency mechanism to monitor and rescue children from child labour and its worst forms 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 that the Philippines has stepped into a second phase of the Philippine Time Bound Programme (PTBP) for the years 2009–13, which aims to work towards 75 per cent reduction in child labour, with a main focus on agriculture, mining, fishing and domestic labour. The Committee notes, however, that according to the 2001 survey on children, out of 4 million economically active children aged 5–17 years, 246,000 were children between the ages of 5–9 years, and 1.9 million in the age group of 10–14 years. Expressing its deep concern at the situation and high number of children under the age of 15 years working in the Philippines, the Committee urges the Government to redouble its efforts to improve the situation. It requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on the implementation of the PTBP and the results achieved, particularly in terms of the PTBP’s contribution to the effective abolition of child labour.