Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 2(1) of the Convention. Scope of application. Children working on their own account or in the informal economy. The Committee previously noted that there were approximately 155,000 self-employed working children aged 5 to 17 years in the Philippines. The Committee noted the information in the Baseline Survey for the ILO–IPEC Philippine Time-bound Programme (TBP) phase II, that in the province of Quezon, the majority of children identified were self-employed, while in the province of Masbate, 45 per cent of the children identified were self-employed. The survey also indicated that many children in the country were engaged in selling goods in the informal economy.

The Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Philippines of 20 and 22 March 2012, entitled “Internationally recognized core labour standards in Philippines” (ITUC report to the WTO), that most child labour in the Philippines occurs in the informal economy, often in family settings.

The Committee notes the Government’s information that it is strengthening its efforts to ensure that self-employed children and children in the informal economy are protected and afforded the appropriate services. In this regard, the Government indicates that the Department of Labour and Employment (DOLE) launched the Campaign for Child Labour-Free Barangays in May 2012, with the aim of obtaining the commitment and support from various stakeholders in order to render barangays (villages) free from child labour. The Committee takes due note that, as of June 2013, a total of 132 barangays nationwide are listed as child labour-free. In addition, various advocacy activities were conducted by the DOLE regional offices and other stakeholders, particularly the local government units, and Barangay Councils for the Protection of Children were created in 172 barangays to help ensure the protection of children in their respective areas. The Committee urges the Government to pursue its efforts to ensure that children working in the informal economy or on a self-employed basis benefit from the protection of the Convention. It requests the Government to provide information on the results achieved, in terms of number of these children who are effectively protected and provided with the appropriate services.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the statement in the ITUC report to the WTO that, while child labour has been decreasing over the years, it remains a problem in the Philippines. In this regard, the ITUC indicates that the Government is implementing the National Programme of Action against Child Labour (NPACL), as well as phase II of the TBP for the years 2009–13, which aims to reduce child labour by 75 per cent.

The Committee notes the Government’s information pertaining to additional measures taken to combat child labour. However, it also notes the Government’s information pertaining to the preliminary results of the 2011 Survey on Children, conducted by the National Statistics Office, which show that an estimated 58.4 per cent of the 5.492 million working children aged 5 to 17 years (that is 3.21 million children) worked in a hazardous environment, or worked for long hours (more than 20 hours per week for children aged 5 to 14 years, and more than 40 hours per week for those aged 15 to 17 years).

While taking due note of the measures taken by the Government to combat child labour, the Committee must once again express its concern at the high number of children under the age of 15 years working in the Philippines. It strongly urges the Government to strengthen its efforts, within the framework of the TBP phase II and the NPACL, as well as through any other measures, to prevent and eliminate child labour. It requests the Government to continue providing information on the results obtained.

The Committee is raising another point in a request addressed directly to the Government.