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

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

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.