Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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 the information from 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. It also noted from the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the trade policies of the Philippines entitled “Internationally recognised 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. In this regard, it noted the Government’s information that the Department of Labour and Employment (DOLE) launched the Campaign for Child Labor-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 notes with interest the detailed information provided by the Government with regard to the implementation of the Campaign for Child Labor-Free Barangays. Accordingly, target areas by level of intervention are classified as: (i) “new frontier barangays”, villages where no intervention on the prevention and elimination of child labour has been undertaken yet; (ii) “continuing barangays”, villages where initiatives, interventions or services have already been provided but need further enhancement to achieve the goal of child labour elimination; and (iii) “low-hanging-fruit barangays”, villages where various services have already been provided and stakeholders were already mobilized but need to be sustained and continuously monitored. The Government indicates that: (i) in 2015, a total of 160 “low-hanging-fruit barangays” were certified as child labour-free bringing it to a total of 213 child labour-free barangays since 2014; (ii) a total of 192 “continuing barangays” have been upgraded to “low-hanging-fruit barangays”; and (iii) 131 “new frontier barangays” have been upgraded to “continuing barangays”. The Committee also notes the Government’s indication that through the Campaign for Child Labor-Free Barangays, a total of 7,584 children have been removed from child labour in the target barangays and placed in schools and are being monitored by the Barangay Council for the Protection of Children.

The Committee notes, however, from the country report “Understanding child labour and youth employment outcomes in the Philippines, December 2015”, developed by the Understanding Children’s Work programme (UCW 2015 report), that child labour in the Philippines continues to affect an estimated 2.1 million children aged 5–17 years of which 62 per cent work in agriculture, about 6 per cent are self-employed and an additional 3 per cent work in private households, most likely as domestic workers. The Committee requests that the Government 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 that the Government continue to provide information on the results achieved, in terms of the number of these children who are effectively protected and provided with the appropriate services.

Application of the Convention in practice. Following the Committee’s reference, in its previous comments, to the findings of the 2011 survey on children conducted by the Philippine Statistics Authority, the Government clarifies that the estimates showed that about 2,097,000 children aged between 5 and 17 years were engaged in child labour, of whom 2,049,000 or 97.7 per cent worked in a hazardous environment. The Government states that given the magnitude of the child labour situation in the country, it has, through its various agencies, developed the HELP ME Convergence Program which aims to implement a sustainable and responsive convergence programme to address child labour through community-based strategies for health and services; education and training; livelihood opportunities to parents of child labourers; prevention, protection and prosecution; and monitoring and evaluation. Accordingly, a Joint Memorandum Circular on Guidelines on the implementation of HELP ME Convergence Program was signed by the heads of the various government departments on 7 January 2016. On 15 February 2016, the DOLE, after a series of tripartite consultations, issued Department Order No. 149 of 2016 on Guidelines in Assessing and Determining Hazardous Work in the employment of persons under 18 years which enumerates the different types of work and activities considered to be hazardous for persons below 18 years. Moreover, the Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that, as of April 2016, the ABK3 LEAP project (implemented by World Vision to combat exploitative child labour in the sugar cane sector through education) provided support in formal schooling to 53,613 children; provided livelihood support to 30,348 households; and assisted 142 barangays, 37 cities and eight provinces in developing policies and programmes on child rights and child labour elimination. While taking due note of the measures taken by the Government to combat child labour, the Committee observes with concern that there remains a significant number of children engaged in child labour, particularly in hazardous conditions in the country. The Committee therefore requests that the Government strengthen its efforts, including through the effective implementation of the HELP ME Convergence Program to progressively eliminate child labour. It requests that the Government continue to provide information on the measures taken in this regard and on the results achieved.

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