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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 2(1) of the Convention. Scope of application and labour inspection. Children working on their own account or in the informal economy. The Committee notes the Government’s indication in its report that, between 2018 and 2022, the Government, through the Department of Labour and Employment (DOLE), undertook the task of profiling child labourers. The Government states that, between 2018 and 2022, a total of 620,556 child labourers were profiled by the DOLE, 614,808 of them were referred to appropriate agencies for the provision of necessary services, and out of these, 138,460 were provided with educational assistance, medical assistance, legal assistance, counselling, birth registration, feeding programmes, school supplies, hygiene kits, and food packs through Project Angel Tree. In addition, the families of these children were included in the Pantawid Pamilyang Pilipino Programme (4Ps) and received livelihood assistance, emergency employment, job placement/employment facilitation, financial assistance, medical assistance and housing assistance, with the aim of further preventing and eliminating child labour. While taking note of the measures taken by the Government, the Committee notes it does not indicate the proportion of profiled child labourers who were working in the informal economy or on their own account, nor does it provide information on the measures taken specifically to address the situation of children working in the informal economy.

The Committee notes the Government’s information that, in 2020, the DOLE inspected 14,741 establishments, during which violations of child labour laws have been identified in four establishments (which concerned: employing a child below 15 years of age; child pornography; long hours of work;night work; and hazardous work). The Government indicates that administrative proceedings are being undertaken by the DOLE against the two establishments, while the others two establishments have already corrected the noted violations. For 2021, the DOLE inspected a total of 58,805 establishments, six establishments violated child labour laws (namely: long hours of work; hazardous work; and employment of a child below 15 years of age without a work permit). In 2022, the DOLE inspected a total of 81,314 establishments, and found that eight establishments were found engaging children below 18 years of age in hazardous work. The Government indicates that the child labourers found during inspections were employed in the following industries: fishing, manufacturing, accommodation and food service activities, construction, and wholesale and retail trade. The Government indicates that for 2021 and 2022, all violations were corrected and children were removed from the workplace. It adds that in 2021, one establishment was permanently closed by the DOLE due to the death of a 17-year-old. In 2022, two establishments were ordered to close for engaging children in hazardous work which resulted in injury and for engaging a minor in prostitution.

While taking note of the activities of the labour inspectorate, the Committee observes that the establishments inspected were in the formal economy, and that no information is provided on the inspections in the informal economy. The Committee further notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations, urged the Government to intensify labour inspections and training of investigators, particularly in the informal economy (CRC/C/PHL/CO/5-6, 26 October 2022, paragraph 38(c)). Recalling that a high number of children involved in child labour were found in the informal economy, the Committee requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy and on their own account. It requests the Government to provide information on the measures taken in this regard and to continue to provide information on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate and the penalties imposed, including in the informal economy. It further requests the Government to continue to provide information on the number of profiled child labourers who were removed from child labour and to indicate how many of them were working in the informal economy or on their own account.

Application of the Convention in practice. The Committee takes note of the Government’s indication that the DOLE issued Department Orders Nos. 2163 and 2174, on 27 October 2020, which provide that one of the requirements for the application of issuance of a license to operate a private employment agency is a Notarized Affidavit of Undertaking, stating that the applicant shall “denounce and never support nor engage in any or all acts involving illegal recruitment, trafficking in persons, violation of Anti-Child Labour Laws or crimes involving moral turpitude or similar activities”.

The Government further indicates that it continues to implement: (1) the Special Programme for Employment of Students (SPES), requiring the participating employer to comply with the general labour standards and occupational safety and health standards, and not to engage the SPES beneficiaries below 18 years of age in any hazardous work or undertaking as provided for under existing child labour-related laws, rules and regulations (in 2022, there were 128,284 beneficiaries, and 36,313 beneficiaries in 2023); (2) the Strategic Helpdesks for Information, Education, Livelihood, and other Development Interventions (SHIELD) Programme Against Child Labour, which has been allotted a total budget of 21,066,048 Philippine pesos for 2023 (approximately US$370,000); (3) the DOLE Integrated Livelihood and Emergency Employment Programme (DILEEP) which provides livelihood assistance to parents of child labourers; and (4) the Sagip Batang Manggagawa Quick Action Teams (SBW QATs) which conducted seven rescue operations where 99 child labourers were removed from hazardous and exploitative working conditions.

The Committee notes the detailed information provided by the Government on the progress made in the implementation of the Philippine Programme Against Child Labour (PPACL) 2020–22: (1) meetings of the National Council Against Child Labour (NCACL) and adoption of resolutions; (2) efforts to mainstream the programmes to address child labour at the local level. There are currently 14 functional Regional Councils Against Child Labour; and (3) international and local engagements and partnerships, such as the Action Pledge of the Philippines for the 2021 International Year for the Elimination of Child Labour and the 5th Global Conference on the Elimination of Child Labour. The Committee also notes the Government’s indication that an assessment workshop was conducted in September 2022 to evaluate the results of the PPACL 2020–22, identify gaps and challenges, and come up with recommendations for the next Strategic Framework and Action Plan. The outputs of the assessment workshop served as initial recommendations for the next PPACL Strategic Framework. Subsequently, on a special meeting held in March 2023, the Council members approved the PPACL Strategic Framework 2023–28, and during a planning workshop in April 2023, the Action Plan for the PPACL Strategic Framework 2023–28 was formulated and adopted.

The Government further indicates that the Department of Social Welfare and Development (DSWD) launched the Bata Balik Eskwela in order to: (1) talk with and counsel children who had engaged in child labour and had stopped schooling, (2) conduct family therapy, and (3) liaise with partners including Barangay (village) Councils, school administrators, teaching personnel and civil society organizations. The Committee notes, that the DSWD, in collaboration with the ILO, developed a Module on Child Labour to raise the awareness of parents on the negative effects of child labour on their children and on their families’ future, and to teach them how to end this problem in their own homes and communities. The Committee notes that these efforts resulted in the removal of 148,331 children from child labour. The Committee notes the Government’s indication that, according to data provided by the Philippine Statistics Authority (PSA), the estimated number of children in child labour was 597,000 in 2020, 935,000 in 2021 and 828,000 in 2022. Despite noting the decrease in child labour between 2021 and 2022, the Committee notes with concern the significant increase in child labour compared to 2020. The Committee notes, from the website of the PSA that a majority of children in child labour are boys (66.2 per cent) and that 61.6 per cent of children engaged in child labour are between 15 and 17 years of age and engaged in hazardous work. While taking note of the measures taken by the Government, the Committee strongly encourages the Government to pursue its efforts to progressively eliminate child labour, including in hazardous work. It requests the Government to continue to provide information on the measures taken in this regard, including within the framework of the Philippine Program Against Child Labour 2022–24 and on the results achieved.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government (see paragraph concerning the application of the Convention in practice) as well as on the basis of the information at its disposal in 2019.

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 results achieved following the implementation of the Campaign for Child Labor-Free Barangays, such as bringing the total number of child labour free barangays (villages) to 213 and removing a total of 7,584 children from child labour and placing them in schools. The Committee however, noted from the country report “Understanding child labour and youth employment outcomes in the Philippines, December 2015”, (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 requested 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.

The Committee notes the Government’s information in its report that as of December 2018, a total of 348 barangays have been declared as child labour-free by the Department of Labour and Employment (DOLE), while in June 2016, the Municipality of Angono was recognized as the first child labour-free municipality. The Committee also notes the Government’s information regarding the various orders issued through DOLE to combat child labour, such as: (i) the Department Order No. 173 of 2017 on the Revised Guidelines in the implementation of DOLE Integrated Livelihood and Emergency Employment Programmes (DILEEP) which provides that the beneficiaries of livelihood programs shall not be engaged in child labour; (ii) the Department Order No. 175 of 2017 on the Implementing Rules and Regulations of Republic Act No. 10917 which provides that the beneficiaries of the Special Progam for Employment of Students shall not be engaged in hazardous work; (iii) the Department Order No. 159 of 2016 which contains provisions prohibiting child labour in the sugar cane industry; and (iv) the Department Order No. 156 of 2016 on the Rules and Regulations Governing the Working and Living conditions of fishers on board fishing vessels in Commercial Fishing Operations which provides for penalties for engaging child labour in this sector. The Committee further notes from the Government’s report that one of the aims of the proposed amendments to the Republic Act of 9231 is to address child labour in the informal sector.  Noting that a high number of children are involved in child labour in the informal sector, the Committee requests the Government to intensify its efforts to ensure that children working in the informal economy or on a self-employed basis benefit from the protection afforded by the Convention. It requests the Government to continue to provide information on the measures taken in this regard as well as the results achieved, in terms of the number of these children who are effectively protected and provided with the appropriate services, in particular following the adoption of the abovementioned ordinance.

Application of the Convention in practice. In its previous comments, the Committee noted that the Government developed the HELP ME Convergence Program as a sustainable and responsive convergence programme to address child labour. It also noted that the ABK3 LEAP project (implemented by World Vision to combat exploitative child labour in the sugar cane sector through education) had achieved significant results in eliminating child labour through providing assistance and educational and livelihood support to children. The Committee requested the Government to strengthen its efforts, including through the effective implementation of the HELP ME Convergence Program, to progressively eliminate child labour.

The Committee notes the Government’s information that in 2017, the Government, in collaboration with the ILO, launched several programmes to eliminate child labour, such as the Convening Actors to Reduce Child Labour and Improve Working Conditions in Artisanal and Small-Scale Gold Mining (ASGM), the CARING Gold Mining project and the SHIELD Against Child Labour project. According to the Government’s report, the CARING Gold Mining project which seeks to address the problem of poverty in ASGM is piloted in Camarines Norte and South Cotabato. As of July 2019, 66 children were removed from child labour through this project. Moreover, the SHIELD Against Child Labour project which aims to eliminate child labour and its worst forms, particularly in small-scale gold mining, deep sea fishing and sugar cane industry is being implemented in four regions. In 2018, with the support of ILO, a Child Labour Local Registry (CLLR) was developed which will be used at the barangay level to serve as a repository of data of child labourers. The Committee notes the Government’s information that within the framework of this project, a total of 596 children were identified as child labourers, of which 380 children were removed from child labour and provided with the necessary assistance. The Committee further notes the Government’s information in its supplementary report that following the implementation of the Administrative Order No. 142 of 2018 on Guidelines on the Profiling of Child Labourers and Provisions of Services to Remove them from Child Labour, the DOLE, through its 16 regional offices, conducted the profiling of child labourers by tapping Government Internship Program (GIP) beneficiaries to locate, identify and remove children from child labour and to provide them with necessary services. In this regard, the Committee notes that from 2018–2019, a total of 275,614 child labourers were identified, of which 18,151 children were provided with necessary services and 202,236 children were referred for the provision of necessary services. In order to fast track the referral of identified child labourers and assess their needs, the DOLE hired 301 project-based community facilitators who were assigned to its 16 regional offices and 92 field offices. Moreover, a Revised Guideline which superseded the Order No 142 was issued through Administrative Order No. 579 of 2019, according to which child labourers identified shall be monitored at least once every six months to track their progress. The Government further indicates that for 2020, the DOLE aimed to identify and remove 175,000 children from child labour and hire 2,500 GIP beneficiaries. However, due to the declaration of state of National Emergency in the country due to the COVID-19 pandemic, the identification of children has been suspended for a year.

The Government further indicates that within the Livelihood Assistance to Parents of Child Labourers Program, up to 2018, a total of 32,507 parents of child labourers and in 2019, 3,533 parents of child labourers were provided with livelihood assistance. Furthermore, the Sagip Batang Manggagawa Quick Action Teams (SBM QATS), an inter-agency mechanism to monitor and rescue children from child labour, conducted a total of 955 rescue operations until 2018, wherein a total of 3,565 child labourers were removed from hazardous and exploitative working conditions. In 2019, the SBM QATS conducted 19 rescue operations and removed 44 children from hazardous and exploitative conditions. The Project Angel Tree provided assistance, including school supplies, to a total of 72,440 children involved in child labour or children who are at risk of engaging in child labour.

The Committee also notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the National Child Labour Committee which is the central policy and coordinating mechanism for the implementation of the Philippine Program Against Child Labor agreed to target one million children to be withdrawn from child labour by 2025. The Committee further notes the detailed information provided by the Government on the progress made in the implementation of the Philippine Program Against Child Labour Strategic Framework for 2017–2022. Accordingly within the framework of this strategy: (i) a National Council Against Child Labour, which replaced the National Child Labour Committee was established to coordinate the prevention and elimination of child labour in the Philippines; (ii) financial support was strengthened for programs supporting withdrawal of children from hazardous work; (iii) anti-child labour laws were improved and enforced at the national and local levels; (iv) access of child labourers and their families to social protection, health, education and decent work was expanded; (v) generation, dissemination and use of knowledge on child labour among stakeholders, policy makers and program implementers was improved; and (vi) a national child labour monitoring and evaluation system was established and maintained.

The Committee, however, notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2016, reiterated its concern that an estimated 1.5 million children between the ages of 5 and 14 are engaged in child labour and that half of them are working in hazardous or dangerous conditions and are exposed to various forms of exploitation (E/C.12/PHL/CO/5–6, paragraph 37). While taking note of the measures taken by the Government to combat child labour, the Committee must express its  concern  that there remains a significant number of children engaged in child labour, particularly in hazardous conditions in the country.  The Committee therefore urges the Government to strengthen its efforts to progressively eliminate child labour. It requests the Government to continue to provide information on the measures taken in this regard, including within the framework of the Philippine Program Against Child Labor and on the results achieved.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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 results achieved following the implementation of the Campaign for Child Labor-Free Barangays, such as bringing the total number of child labour free barangays (villages) to 213 and removing a total of 7,584 children from child labour and placing them in schools. The Committee however, noted from the country report “Understanding child labour and youth employment outcomes in the Philippines, December 2015”, (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 requested 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.

The Committee notes the Government’s information in its report that as of December 2018, a total of 348 barangays have been declared as child labour-free by the Department of Labour and Employment (DOLE), while in June 2016, the Municipality of Angono was recognized as the first child labour-free municipality. The Committee also notes the Government’s information regarding the various orders issued through DOLE to combat child labour, such as: (i) the Department Order No. 173 of 2017 on the Revised Guidelines in the implementation of DOLE Integrated Livelihood and Emergency Employment Programmes (DILEEP) which provides that the beneficiaries of livelihood programs shall not be engaged in child labour; (ii) the Department Order No. 175 of 2017 on the Implementing Rules and Regulations of Republic Act No. 10917 which provides that the beneficiaries of the Special Progam for Employment of Students shall not be engaged in hazardous work; (iii) the Department Order No. 159 of 2016 which contains provisions prohibiting child labour in the sugar cane industry; and (iv) the Department Order No. 156 of 2016 on the Rules and Regulations Governing the Working and Living conditions of fishers on board fishing vessels in Commercial Fishing Operations which provides for penalties for engaging child labour in this sector. The Committee further notes from the Government’s report that one of the aims of the proposed amendments to the Republic Act of 9231 is to address child labour in the informal sector. Noting that a high number of children are involved in child labour in the informal sector, the Committee requests the Government to intensify its efforts to ensure that children working in the informal economy or on a self-employed basis benefit from the protection afforded by the Convention. It requests the Government to continue to provide information on the measures taken in this regard as well as 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. In its previous comments, the Committee noted that the Government developed the HELP ME Convergence Program as a sustainable and responsive convergence programme to address child labour. It also noted that the ABK3 LEAP project (implemented by World Vision to combat exploitative child labour in the sugar cane sector through education) had achieved significant results in eliminating child labour through providing assistance and educational and livelihood support to children. The Committee requested the Government to strengthen its efforts, including through the effective implementation of the HELP ME Convergence Program, to progressively eliminate child labour.

The Committee notes the Government’s information that in 2017, the Government, in collaboration with the ILO, launched several programmes to eliminate child labour, such as the Convening Actors to Reduce Child Labour and Improve Working Conditions in Artisanal and Small-Scale Gold Mining (ASGM), the CARING Gold Mining project and the SHIELD Against Child Labour project. According to the Government’s report, the CARING Gold Mining project which seeks to address the problem of poverty in ASGM is piloted in Camarines Norte and South Cotabato. As of July 2019, 66 children were removed from child labour through this project. Moreover, the SHIELD Against Child Labour project which aims to eliminate child labour and its worst forms, particularly in small-scale gold mining, deep sea fishing and sugar cane industry is being implemented in four regions. In 2018, with the support of ILO, a Child Labour Local Registry (CLLR) was developed which will be used at the barangay level to serve as a repository of data of child labourers. The Committee notes the Government’s information that within the framework of this project, a total of 596 children were identified as child labourers, of which 380 children were removed from child labour and provided with the necessary assistance. Moreover, following the implementation of the Administrative Order No. 142 of 2018 on Guidelines on the Profiling of Child Labourers and Provisions of Services to Remove them from Child Labour, the DOLE, through its 16 regional offices, has identified a total of 85,582 child labourers, from June to December 2018, of which 18,651 children have been referred to appropriate agencies, 7,941 children have been provided with services and 116 children were removed from child labour.

The Government further indicates that within the Livelihood Assistance to Parents of Child Labourers Program, up to 2018, a total of 32,507 parents of child labourers were provided with livelihood assistance. Furthermore, the Sagip Batang Manggagawa, an inter-agency mechanism to monitor and rescue children from child labour, conducted a total of 955 rescue operations until 2018, wherein a total of 3,565 child labourers were removed from hazardous and exploitative working conditions. The Project Angel Tree provided assistance, including school supplies, to a total of 66,256 children involved in child labour or children who are at risk of engaging in child labour. The Committee also notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that the National Child Labour Committee which is the central policy and coordinating mechanism for the implementation of the Philippine Program Against Child Labor agreed to target one million children to be withdrawn from child labour by 2025.

The Committee however, notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2016, reiterated its concern that an estimated 1.5 million children between the ages of 5 and 14 are engaged in child labour and that half of them are working in hazardous or dangerous conditions and are exposed to various forms of exploitation (E/C.12/PHL/CO/5–6, paragraph 37). While taking due note of the measures taken by the Government to combat child labour, the Committee must express its concern that there remains a significant number of children engaged in child labour, particularly in hazardous conditions in the country. The Committee therefore urges the Government to strengthen its efforts to progressively eliminate child labour. It requests the Government to continue to provide information on the measures taken in this regard, including within the framework of the Philippine Program Against Child Labor and on the results achieved.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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.

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

Article 2(2) and (3) of the Convention. Raising the initially specified age for admission to work and age of completion of compulsory schooling. The Committee previously noted that schooling was compulsory for children aged 6–12 years. The Committee also noted that the Government was implementing several measures to keep children in school and that school drop-out rates had decreased at both the elementary and secondary levels. Nonetheless, the Committee emphasized the necessity of linking the age of admission to employment (15 years) to the age limit for compulsory education (12 years).

The Committee notes the Government’s information that Republic Act No. 10533 – An Act enhancing the Philippine Basic Education System by strengthening its curriculum and increasing the number of years for Basic Education (Enhance Basic Education Act), was adopted in 2013. According to section 4 of this Act, “Elementary education refers to the second state of compulsory basic education which is composed of six years. The entrant age to this level is typically six years old. Secondary education refers to the third stage of compulsory basic education. It consists of four years of junior high school education and two years of senior high school education. The entrant age to the junior and senior high school levels are typically twelve and sixteen years old, respectively.”

The Committee once again emphasizes the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work. It points out that, if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work. On the other hand, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see the 2012 General Survey on the fundamental Conventions concerning rights at work, paragraphs 370–371). The Committee requests the Government to indicate clearly the age of completion of compulsory schooling under the terms of the Enhance Basic Education Act.

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

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.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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 the provisions regulating the minimum age of employment (section 139 of the Labour Code, section 4 of the Republic Act No. 9231, Amending R.A. 7610 and sections 1 and 4 of Order No. 18) did not appear to apply to persons working outside of a formal labour relationship. The Committee also noted the information from the Labour Force Survey of 2005 that there were approximately 155,000 self-employed working children aged 5–17. In this regard, it requested the Government to provide information on the manner in which self-employed children benefit from protection provided for in the Convention.

The Committee notes the information in the Government’s report that the Department of Labour and Employment issued a memorandum to all regional directors of the Department directing them to consistently conduct monitoring visits to informal sector activities in their region, in order to address child labour. The Committee also notes the information from ILO–IPEC on the Philippine Time-bound Programme (PTBP) phase II, that all regional offices implement a “Workers in the Informal Sector Augmentation Programme”, and that 5 per cent of this programme’s funding is earmarked for child labour amounting to 11.6 million Philippine pesos (PHP) (approximately US$265,476). The Committee further notes that a survey in four provinces entitled “Baseline Survey for the ILO–IPEC PTBP Phase 2” was completed in January 2011, which identified 9,350 children for withdrawal, prevention and protection from child labour through the PTBP. This survey indicates 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 indicates that many children in the country are engaged in selling goods in the informal economy. In this regard, the Committee urges the Government to strengthen its efforts to ensure that children working in the informal economy or on a self-employed basis benefit from the protection of the Convention, including by taking specific measures to expand the reach and strengthen the capacity of the labour inspectorate to monitor child labour in the informal sector. It requests the Government to provide information on the measures taken and on the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that schooling is compulsory for children aged 6–12 years. The Committee also noted that the Government was implementing several measures to keep children in school and that school drop-out rates had decreased at both the elementary and secondary levels. However, it also noted 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 serious concern remained about the increasing number of children who are not able to go to school, estimated at 4.2 million children.

The Committee notes the information in the Government’s report that it is implementing various programmes to facilitate children’s participation in, and completion of, school. The Government indicates that to keep students in the education system it implements initiatives called “Alternative Delivery Modes”, which offer students an additional option to formal schooling, making schooling more inclusive and effective. These Alternative Delivery Modes include the Drop out Reduction Programme and the Off-school Approach, designed to prevent drop outs and improve school completion. The Government also indicates that the Department of Education is taking several measures to improve the curriculum and integrate socially marginalized groups into the education system. Moreover, the Government indicates that it is implementing a project entitled “Tracking system for students at-risk for dropping out”, which intends to establish country-wide indicators to track and address such at-risk students. In addition, the Committee notes the information from ILO–IPEC on the PTBP that the Department of Social Welfare and Development is implementing a Conditional Cash Transfer (CCT) programme, for which children’s attendance in school is one of the conditions. The coverage of the CCT programme has recently been expanded from 1 million to 2.3 million beneficiaries.

The Committee notes the Government’s statement that these initiatives contribute to increasing the number of children under the age of 15 who complete basic education. Nonetheless, the Committee must emphasize the necessity of linking the age of admission to employment (15 years) to the age limit for compulsory education (12 years). If compulsory schooling comes to an end before a young person is legally entitled to work, there may be an enforced period of inactivity. The Committee therefore considers it desirable to ensure that compulsory education is up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to take the necessary measures to raise the age of completion of compulsory schooling to 15 years. It also urges the Government to pursue its efforts to increase school enrolment and attendance rates among children under 15 years of age, and to continue to provide information on the results achieved in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that phase II of the PTBP for the years 2009–13, aiming to work towards a 75 per cent reduction in child labour, focused on agriculture, mining, fishing and domestic labour. However, it also noted, that according to the 2001 survey on children, out of 4 million economically active children aged 5–17 years, 246,000 children were between the ages of 5–9 years, and 1.9 million were between the ages 10–14 years. Moreover, the Committee noted that 2.3 million children were found to be working in the agricultural sector.

The Committee notes the information in the Government’s report that the Department of Labour and Employment, through its Bureau of Working Conditions, regularly conducts training for labour inspectors aimed at enhancing their capacity to enforce labour standards, including child labour laws and policies. The Government indicates that five such training sessions were held in 2010. The Government also indicates that, to reduce child labour in agriculture, it is implementing an Integrated Services for Migratory Sugar Workers Project, which aims to improve the socio-economic conditions of these workers and their families by, inter alia, facilitating access to social protection. The Government further indicates that the Philippine Labour and Employment Plan for 2011–16 recognizes that children remain vulnerable as they continue to work and engage in hazardous occupations. To address this, the Government has committed to take several measures to prevent and eliminate child labour, including by strengthening strategic partnerships, improving access of child labourers and their families to integrated services and establishing a child labour knowledge management system. Moreover, the Committee notes the information from ILO–IPEC on the PTBP phase II that the National Statistics Office is undertaking preparations for a National Survey on Working Children in 2011.

The Committee takes due note of the measures taken by the Government to combat child labour, but must once again express its concern at the high number of children under the age of 15 years working in the Philippines, particularly in the agricultural sector. It urges the Government to strengthen its efforts, within the framework of the PTBP phase II as well as through the abovementioned national measures and the labour inspectorate, to prevent and eliminate child labour. It requests the Government to provide information on progress made in this regard. It also requests the Government to provide information from the National Survey on Working Children, once it is completed, particularly with regard to the number of children under the minimum age engaged in economic activity.

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

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.

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour. The Committee had noted with interest the information contained in the Government’s report concerning the policy framework pursued and methods used to abolish child labour and progressively raise the minimum age for admission to employment. It had noted, for example, 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 that, according to the International Confederation of Free Trade Unions (ICFTU) report for the World Trade Organization General Council ("Review of the trade policies of the Philippines", 29 June 2005), child labour is a problem in the country. Indeed, the ICFTU refer to a 2001 survey, according to which 4 million children aged 5 to 17 are economically active. In the 5 to 9 years age group, 246,000 children were working in 2001; in the 10 to 14 years age group, 1.9 million children were working in 2001. The ICFTU adds that 70 per cent of child labourers live in rural areas and 63.4 per cent are boys. They work mainly in shops, markets, farming, forestry and fishing activities. Most child labourers (51.2 per cent) worked one to four hours a day, 37.3 per cent worked five to eight hours a day and 8.7 per cent worked more than eight hours per day. The ICFTU further indicates that three out of five children were exposed to an hazardous environment, including physical and chemical hazards. It also notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add. 259, 3 June 2005, paragraphs 78 and 79), expressed its deep concern at "the high number of child workers (3.7 million working children) in the State party". The Committee on the Rights of the Child (paragraph 10) also expressed its concern about the fact that "existing mechanisms are insufficient to monitor and evaluate the implementation of the National Strategic Framework for Plan Development for Children in a coherent way". Noting the absence of information in the Government’s report on the concrete measures taken under the National Strategic Framework for Plan Development for Children, or the NPACL Labour to abolish child labour, the Committee asks the Government to redouble its efforts to progressively ensure the effective abolition of child labour, and to provide detailed information on progress made and concrete steps taken in this regard.

Article 2, paragraph 1. Scope of application. The Committee had noted the Government’s indication that the minimum age for those who work outside an employment relationship is regulated by ordinances issued by some local government executives. It notes that the Government provides in its report, a list of ordinances issued at the local level concerning child begging, the employment of children in entertainment establishments, and the hiring of children as waitresses and waiters in restaurants and pubs. The Committee observes that these ordinances appear to regulate the employment of children in certain types of activities not falling under the Labor Code without concerning directly self-employed children. The Committee reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including self-employment. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that self-employed children benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the absence of information in the Government’s report on this point. The Committee once again notes that, according to UNESCO reports, school is compulsory for children aged 6 to 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 of age). The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less that the age of completion of compulsory education. It is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILO, 67th Session, Geneva, 1981, paragraph 140). Noting the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, 5 November 2004, paragraph 50) that 50 per cent of the 3.7 million child labourers are aged 5 to 14, the Committee once again considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It therefore trusts that the Government will, 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.

Article 4. Exclusion of limited categories of employment or work. The Committee had noted that, at the time of ratification, the Government specified a minimum age of 15 years for admission to employment or work. It had also noted that section 139(a) of the Labor Code and section 12 of Republic Act No. 7658/1993 (as amended by Act No. 9231), set a minimum age of 15 years for admission to employment. However, under the terms of section 139(a) of the Labor Code, a child under 15 years of age may be employed when he/she works directly under the sole responsibility of his/her parents or guardian, and his/her employment does not interfere with his/her schooling. Section 12(1) of Republic Act No. 7658/1993 (as amended by Act No. 9231) authorizes a child under 15 years of age to work if he/she works under the sole responsibility of his parents or legal guardian and in an undertaking where only members of the employer’s family are employed. The Committee had noted the Government’s indication that work in family undertakings is one of the two exceptions to the prohibition on the employment of children below 15 years of age provided for under the Republic Act. The Committee notes the Government’s indication that the organizations of employers and workers concerned were consulted prior to the adoption of Act No. 9231, concerning the exclusion of family undertakings from its scope of application.

Article 7. Minimum age for admission to light work. The Committee had noted that section 107 of the Child and Youth Welfare Code (Presidential Decree No. 603), provides that children below 16 years of age may be employed to perform light work. It had also noted the Government’s indication that there is 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 labor and imposing stiffer penalties for its violation and for other purposes". The Government had indicated that the pending bill prescribes only the hours of work of a working child.

The Committee observes that section 12 of Act No. 7610, as amended in 1993, provides that children below 15 years shall not be employed except in family undertakings and in artistic performances provided that their health, safety, morals and development are protected. It also observes that, by virtue of sections 4 and 7 of Order No. 65-04 of 26 July 2004, the minimum age for admission to employment is 15 years except in family undertakings (which was excluded from the scope of application of the Convention by the Government at the time of ratification), and in artistic performances for which an individual authorization shall be granted. Noting the contradiction between these provisions and section 107 of the Child and Youth Welfare Code (Presidential Decree No. 603) which allows children below 16 years of age to carry out light work, the Committee asks the Government to provide clarification on the applicable legislation concerning the employment of children in light work. In this regard, the Committee recalls that, according to Article 7, paragraph 1, of the Convention, national laws may permit young persons of 13 to 15 years of age to be employed or work in light work. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also asks the Government to provide information on the adoption of "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", and to provide a copy of the Act as soon as it is adopted.

Article 9, paragraph 1, and Part V of the report form. The Committee notes the absence of information in the Government’s report on the manner in which the Convention is applied in practice. It also notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add. 259, 3 June 2005, paragraphs 78 and 79), expressed its concern about the weak enforcement of labour laws. The Committee accordingly asks 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. It also asks the Government to supply information on the manner in which the Convention is applied in practice, including, for example, 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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s reports, and requests the Government to supply further information on the following points.

Article 1 of the Convention. The Committee notes with interest of the information contained in the Government’s report concerning the policy framework pursued and methods used to ensure abolition of child labour and progressively to raise the minimum employable age, for example, the Philippine National Strategic Framework for Plan Development for Children, 2000-25, or the National Programme of Action Against Child Labour (NPACL). The Committee encourages the Government to pursue this national policy, and asks the Government to continue to provide information on this point.

Article 2, paragraph 1. Self-employment. In its previous comments, the Committee recalled that the Convention aims to cover all sectors of employment and work. It asked the Government to indicate the measures envisaged or taken to regulate the minimum age for work outside an employment relationship. The Committee notes the information provided by the Government in its report that the minimum age for those who work outside an employment relationship is regulated through the issuance of ordinances by some local government executives. The Committee requests the Government to communicate these ordinances, and to indicate the general measures taken or envisaged to extend the protection laid down in the code of labour to young persons engaged in work on their own account.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to information contained in UNESCO’s documents, school is compulsory for children from 6 to 12 years of age. 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 considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less that the age of completion of compulsory education. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILO, 67th Session, Geneva, 1981, para. 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It hopes, therefore, that the Government will indicate any development in this regard.

Article 3, paragraph 2. The Committee previously noted the adoption of Department Order No. 4, series of 1999 that listed prohibited types of work and requested the Government to supply information on prior tripartite consultations held thereon. The Government states in its report that prior to the issuance of Department Order No. 4, the following tripartite consultations were held: in July 1997, a Tripartite workshop was conducted; in March and April 1998, the Tripartite Executive Committee (TEC) also deliberated on the proposal; and during its November 1998 meeting, the National Child Labour Committee was consulted. The Committee takes due note of this information.

Article 4. Further to its previous comments, the Committee notes that, at the time of ratification, the Government specified a minimum age of 15 years for admission to employment or work. It also notes that section 139(a) of the Labour Code and section 12 of Republic Act 7658/1993 set a minimum age of 15 years for admission to employment. However, under the terms of section 139(a) of the Labour Code, a child below 15 years of age may be employed when he works directly under the sole responsibility of his parents or guardian, and his employment does not interfere with his schooling; and according to section 12(1) of Republic Act 7658/1993, subject to a few conditions, a child below 15 years of age may work under the sole responsibility of his parents or legal guardian and where only members of the employer’s family are employed. The Committee notes the information provided by the Government that work in family undertakings is one of the two exceptions to the prohibition on the employment of children below 15 years of age provided for under the Republic Act. The Committee requests the Government to supply information on the consultations which have taken place with the organizations of employers and workers concerned on this exclusion of family undertakings under Article 4, paragraph 1. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 7. In its previous comments, the Committee noted that section 107 of the Child and Youth Welfare Code (Presidential Decree No. 603), provides that children below 16 years of age may be employed to perform light work. In its most recent report, the Government indicates that there is 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 notes the Government’s indications that the pending bill prescribes only the hours of work of a working child. The Committee recalls that, according to Article 7, paragraph 1, of the Convention, national laws may permit young persons of 13 to 15 years of age to be employed or work in light work. The Committee also recalls that, according to Article 7, paragraph 3, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to supply information on the measures which have been taken or are envisaged to ensure that national law and practice comply with the requirements of Article 7 of the Convention by providing a minimum age for light work of not less than 13 years and by determining the light work activities and the conditions in which such employment or work may be undertaken. The Committee also requests the Government to supply copy of the abovementioned bill as soon as it is adopted.

Part V of the report form. The Committee requests the Government to supply information on the manner in which the Convention is applied in practice, including for example 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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its first report and requests the Government to supply further information on the following points.

Article 2, paragraph 1. Several legislative provisions - the Labour Code, article 139(a); R.A. 7658/1993, section 12; Department Order No. 18 sections 1 and 3 - regulate the minimum age for employment, and set a minimum age consistent with the one declared at the time of ratification. None of this legislation seems to discipline the case of self-employment. Moreover, section 12 of the R.A. 7658/1993 excludes, subject to a few conditions, children working "under the sole responsibility of their parents or legal guardian and where only members of the employer’s family are employed". Article 139(a) of the Labour Code states that "no child below 15 years of age shall be employed, except when he works directly under the sole responsibility of his parents, and his employment does not interfere with his schooling".

The Committee recalls that the Convention aims to cover all sectors of employment and work. It therefore requests the Government to indicate what measures have been envisaged or taken to regulate the minimum age for work outside an employment relationship, such as work on his own account and to clarify the position of government law and practice in respect of "family undertakings", specifying also whether workers’ and employers’ organizations have been previously consulted.

Article 3, paragraph 2. The Committee notes the adoption of Department Order No. 4, Series of 1999, that lists prohibited types of work. As no indication is given of prior tripartite consultation, the Committee requests that the Government supply information on this matter.

Article 6. The Committee notes that section 59 of the Labour Code fixes a minimum age for apprenticeship at 14 years; section 73 and following defines "learners" as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time, which shall not exceed three months. The Committee requests the Government to indicate the legal provision that sets a minimum age for admission to a "learning programme".

Article 7. Section 107 of the Child and Youth Welfare Code provides that children below 16 years of age may be employed to perform light work. The Committee requests the Government to indicate the measures envisaged or taken to comply with Article 7 of the Convention that requires fixing a minimum age for light work (not less than 13 years) and identifying the competent authority to determine the light work activities, the hours and conditions of work.