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Philippines
The Government of the Philippines created the Council forthe Welfare of Children in 1974 as the focal point for child welfare issues,and it continues to focus on welfare issues, including exploited children andchild laborers.[3516] The Government of the Philippines became a member of ILO-IPEC in 1994.
The Government of the Philippines combats child labor inconjunction with national and international organizations. The NationalProgram Against Child Labor serves as the structure to coordinate theseactivities and identify needs, and is led by the Department of Labor andEmployment).[3522] In 2003, the government launched a two-year project to combat child labor intobacco production in Region I (Ilocos Region).[3523] In cooperation with ILO-IPEC, community and direct action initiatives are beingimplemented in the Philippines to target specific occupations utilizing theworst forms of child labor.[3524] The Philippine government is a part of the ILO-IPEC inter-regional childsoldiers project funded by USDOL in 2003 to remove and prevent children frombecoming involved in armed conflict in the Mindanao region.[3525]
In June 2002, USDOL, the Philippine DOLE, and the Departmentof Education signed a letter of intent committing all three agencies tocollaborate on Timebound initiatives aimed at reducing the number of childrenparticipating in the worst forms of child labor, and strengthening thePhilippines’ educational systems.[3526] The USDOL-funded ILO-IPEC program to support the Philippine Timebound Programwas launched, with strong government support, in 2002 with the long-termobjective of eliminating specified worst forms of child labor. Under this USD5.2 million program, sectors to be targeted include commercial sexualexploitation, mining and quarrying, pyrotechnics, deep-sea fishing, domesticservice, engagement in armed conflict, and work on commercial sugar cane farms.
Since 1994, DOLE has implemented the “Sagip BatangManggagawa” (SBM-“Rescue the Child Workers”) Program to monitor suspected casesof child labor and intervene on behalf of children in affirmed cases.
The Medium-Term Philippine Development Plan for 2001-2004includes promotion of universal primary education.[3535] The government has implemented a number of education programs that benefitvulnerable children, including establishing new elementary schools, schoolfeeding and quality improvement projects.[3536] DEPED is implementing functional education and literacy programs that provideworking children with basic education and skills training. In addition, thegovernment is working in consultation with community groups to implement theNational Project on Street Children that provides street children with thefinancial support to continue their education.[3537] DEPED’s Bureau of Non-formal Education collaborates with donors and localgovernment bodies to provide non-formal education under the NFE Accreditationand Equivalency System.[3538]
ADB and the government signed an agreement to work inpartnership to fight poverty, including improving the quality of basiceducation.[3539] ADB is currently funding projects through DEPED,[3540]the Technical Education and Skills Development Authority,[3541]and the Development Bank of the Philippines to improve secondary and vocationaleducation.[3542]AusAID is also assisting the delivery of quality technical education servicesthrough the development authority,[3543]as well as improving access to basic education in Mindanao.[3544] UNICEF works actively with the government to promote children’s rights, assistchildren in need of special protection, including working children, and supporteducational improvements.[3545]
In 2001, the Philippine National Statistics Office estimatedthat 16.2 percent (4 million) of children ages 5 to 17 years in the Philippineswere working. The survey found that of the country’s 24.9 million childrenages 5 to 17 years, 2.4 million work under hazardous conditions. Almost halfof working children, or 1.9 million, are ages 10 through 14.[3546] Child labor is more prevalent in rural areas.[3547] Almost half of all child workers are engaged in agricultural activities,
The Philippine Constitution mandates six years of compulsoryprimary education for children,[3556]and Republic Act No. 6655 provides for a free secondary education.
Republic Act No. 7658 of 1993 and the Labor Code of 1993prohibit the employment of children under the age of 15, except when workingdirectly with a parent and when the work does not interfere with schooling.
In addition to setting the minimum age for work, the LaborCode gives the Secretary of Labor and Employment the authority to limit workinghours for children ages 15 to18 years, and prohibits hazardous work forchildren less than 18 years of age.[3566] The Department of Labor and Employment’s Order No. 4 of 1999 includes in thedefinition of “hazardous work” the handling of dangerous substances, workhazardous to morals, work that entails exposure to extreme elements of cold,heat, noise, or pressure, and work that is hazardous by its nature.
A new counter-trafficking law, Republic Act No. 9208, wasalso enacted in May 2003.[3569] The law criminalizes trafficking for the purposes of exploitation, includingtrafficking under the guise of arranged marriage, sex tourism, prostitution,pornography, or the recruitment of children into armed conflict.
The DOLE is responsible for enforcing child labor lawsthrough the labor standards enforcement offices. [3577] The government has also begun institutionalizing a computer database onchildren identified as child laborers that includes their needs and identifiesappropriate assistance.
The Government of the Philippines ratified ILO Convention138 on June 4, 1998, and ILO Convention 182 on November 28, 2000.
[3516]The council is now part of the Department of Social Welfare and Development. It operates hotlines on child welfare, formulates policy on children, ensures consistency with the UN Convention on the Rights of the Child, and performs advocacy. See Council for the Welfare of Children, Council for the Welfare of Children, [online fact sheet] [cited June 11, 2003], "About Us"; available from http://www.cwc.gov.ph.html.
[3517]ILO-IPEC, All About IPEC: Programme Countries, August 13, 2001 [cited June 26, 2003]; available from http://www.ilo.org/public/english/standards/ipec/about/countries/t_country.htm. The government began an anti-child labor program in 1988 in order to coordinate the activities of government agencies. In 1992, the government established the National Child Labor Program Committee, composed of governmental, nongovernmental, employer, and worker representatives, to provide policy and technical assistance on child labor. See ILO-IPEC, Program to Combat Child Labor in the Fishing Sector in Indonesia and the Philippines, technical progress report, RAS/99/05P/050, August 30, 2002, 3.
[3518]In addition to setting out penalties for trafficking offenses, the law also mandates the establishment of various services by specified government agencies, and establishes that certain social services be made available to all trafficking victims. See Anti-Trafficking in Persons Act of 2003, Republic Act 9208; available from Coalition Against Trafficking in Women - Asia Pacific (CATW-AP) at http://www.catw-ap.org/. See also ILO-IPEC, Supporting the Time-Bound Program on the Elimination of the Worst Forms of Child Labor in the Republic of the Philippines, technical progress report, PHI/02/P50/USA, September 12, 2003. See also U.S. Department of State, Trafficking in Persons Report- 2003: Philippines, Washington, D.C., June 11, 2003; available from http://www.state.gov/g/tip/rls/tiprpt/2003/21276.htm#philippines.
[3519]The National Program Against Child Labor (2001-2004) establishes a framework for the implementation of comprehensive action against child labor. See ILO-IPEC, Supporting the Time-Bound Program on the Elimination of the Worst Forms of Child Labor in the Republic of the Philippines, project document, Geneva, September 25, 2002, iii.
[3520]The plan was adopted through Executive Order No. 310, 3 November 2000. The Framework is also referred to as “Child 21.” See Council for the Welfare of Children, Philippine National Strategic Framework for Plan Development for Children, 2000-2005, Makati City, Philippines, 2000, vii-viii, 37. President Arroyo established a Department of Labor and Employment-led Poverty-Free Zone Program in September 2001 that includes anti-child labor activities. See U.S. Embassy- Manila, unclassified telegram no. 5729, October 18, 2002.
[3521]The Comprehensive Program Framework for Children in Armed Conflict was adopted in November 2001. See U.S. Department of State, Country Reports on Human Rights Practices- 2002: Philippines, Washington, D.C., March 31, 2003, Section 5; available from http://www.state.gov/g/drl/rls/hrrpt/2002/18261.htm.
[3522]Council for the Welfare of Children, Council for the Welfare of Children.
[3523]ECLT Foundation, ECLT Foundation Program in the Philippines with the Department of Labor and Employment 2003 - 2005, [online] 2003 [cited June 19, 2003]; available from www.eclt.org/activities/philippines.html.
[3524] The Philippine-ILO Indicative Framework of 1994 established the priority target groups for anti-child labor activity. Through 2001, IPEC had implemented more than 60 anti-child labor programs totaling about USD 3 million, and has built partner capacity to combat child labor. See ILO-IPEC, Supporting the Time-Bound Program, project document, 15-16.
[3525]ILO-IPEC, Prevention and Reintegration of Children Involved in Armed Conflict: an Inter-Regional Program, project document, Geneva, September 2003.
[3526]USDOL committed USD 10 million in support of the initiative, which included an education project and the ILO-IPEC Timebound Program. See Letter of Intent between the U.S. Department of Labor, the Department of Labor and Employment of the Republic of the Philippines, and the Department of Education of the Republic of the Philippines,, June 28, 2002, para. 1, 3.
[3527]The Timebound Program implementation has been integrated into the National Programme Against Child Labour for 2001-2004. USDOL funded the ILO-IPEC Timebound Program in September 2002. See ILO-IPEC, Supporting the Time-Bound Program, project document, i-iii, 4-5.
[3528]ILO-IPEC, Reporting on the State of the Nation's Working Children: A Statistical Program for Advocacy on the Elimination of Child Labor and the Protection of Working Children in the Philippines, project document, 2001. The Philippine National Statistics Office conducted the first round in 1995, with technical assistance from ILO-IPEC’s SIMPOC and funding from USDOL. See ILO-IPEC, Reporting on the State of the Nation's Working Children: A Statistical Program for Advocacy on the Elimination of Child Labor and the Protection of Working Children in the Philippines, project document, 1995.
[3529]U.S. Embassy- Manila, unclassified telegram no. 4103, June 23, 2000. In 2002, the interagency program conducted 106 operations that rescued 363 minors; in the first quarter of 2003, an additional 16 operations were conducted that released 47 minors. See U.S. Embassy- Manila, unclassified telegram no. 4653, August 29, 2003.
[3530]The BWYW has conducted training for government officials who enforce child labor laws as well as for companies nationwide. See U.S. Embassy- Manila, unclassified telegram no. 5990, October 10, 2001.
[3531]U.S. Department of State, Country Reports- 2002: Philippines, Section 6f.
[3532]Department of Social Welfare and Development, DSWD Programs/Projects: Children, DSWD, 2002 [cited June 11, 2003]; available from http://www.dswd.gov.ph/children.htm.
[3533]U.S. Department of State, Trafficking in Persons Report 2003- Philippines.
[3534] The Philippine Information Service (PIA) campaign includes posters, comic page inserts, and radio and television announcements that are aimed at children, parents and employers. PIA also holds workshops with the assistance of UNICEF, and it works locally to collect baseline data on people’s attitudes and perceptions on child labor. See U.S. Embassy- Manila, unclassified telegram no. 4103.
[3535]ILO-IPEC, Supporting the Time-Bound Program, project document, 13-14.
[3536]UNDP, Philippine Progress Report on the Millennium Development Goals, January 29, 2003, 25-26; available from http://www.undp.org/mdg/countryreports.html. In 2001, DEPED implemented the Zero Collection Fees system that banned collections of fees from students in public schools, leading to an increase in enrollment. See U.S. Embassy- Manila, unclassified telegram no. 4653.
[3537]U.S. Embassy- Manila, unclassified telegram no. 4103.
[3538]Department of Education: Bureau of Nonformal Education, Innovations in Nonformal Education: The Challenge for Teacher Training Institutions, Pasig City, 2001, 4-8. DEPED is in the process of developing a system to provide alternative education to children ages 6 – 12 who are out of school. See U.S. Embassy- Manila, unclassified telegram no. 4653.
[3539]Republic of the Philippines - Asian Development Bank Poverty Partnership Agreement, signed in Manila, the Philippines, October 10, 2001 [cited September 2, 02]; available from http://www.adb.org/Documents/Poverty/pa_phi.pdf.
[3540]ADB, Secondary Education Development and Improvement (LOAN: PHI 25182-01), April 19, 2000 [cited June 25, 2003]; available from http://www.adb.org/Documents/Profiles/LOAN/25182013.ASP.
[3541]ADB, Technical Education and Skills Development (LOAN: PHI 23229-01), September 20, 2000 [cited June 25, 2003]; available from http://www.adb.org/Documents/Profiles/LOAN/23229013.ASP.
[3542]The funds are available for private institutions providing technical education to borrow in order to improve services. See ADB, Fund for Technical Education and Skills Development (LOAN: PHI 23229-02), November 29, 2000 [cited June 25, 2003]; available from http://www.adb.org/Documents/Profiles/LOAN/23229023.ASP.
[3543]AusAID, Boost for Philippines Technical and Vocational Education, [press release] 2002 [cited July 2, 2003]; available from http://www.ausaid.gov.au/media/release.cfm?BC=Media&Id=8445_5335_294_2481_916.
[3544]AusAID, "Country Information- Philippines," available from http://www.ausaid.gov.au/country/country.cfm&CountryId=31.
[3545]Government of the Philippines and UNICEF, CPC V: Programme of Cooperation for Child Survival, Protection, Development and Participation in the Philippines: Master Plan of Operations between the Government of the Philippines and UNICEF, 1999-2000, Manila, February 1999, 99-101, 25-28.
[3546]National Statistics Office, 2001 Survey on Children, 5-17 Years Old: Final Report, International Labour Organization, Manila, Philippines, May 2003.
[3547]Within the specified age group, 70 percent of working children worked in rural areas. See National Statistics Office, Philippine Survey on Children 2001 (Preliminary Results), May 2002; available from http://www.census.gov.ph/data/pressrelease/2002/ch01prtx.html.
[3548] Ibid. See also Alejandro W. Apit, interview with USDOL official, April 6, 2000. A 2002 rapid appraisal found child labor in tobacco production in certain areas of the Philippines. See Incorporated Partners International, Rapid Appraisal of Child Labor in the Tobacco Industry: Case Studies in Two Ilocos Provinces, Philip Morris International, Manila, February 2002; available from http://www.eclt.org/activities/philippines.html.
[3549]Children manufacturing footwear from home are exposed to dangerous glue and kerosene fumes, and are at risk of hurting their fingers with the tools used. See Department of Labor and Employment: Occupational Safety and Health Center, Consolidated Report 1998/1999, Manila, 19-21.
[3550]ILO-IPEC, Assessing the Situation of Children in the Production, Sales and Trafficking of Drugs in Indonesia, the Philippines, and Thailand, project document, Geneva, September 17, 2002, 6-8. See also Magdalena Lepiten, Children's Involvement in the Production, Sale and Trafficking of Drugs in Cebu City: A Rapid Assessment, no. 22, ILO-IPEC, Geneva, February 2002.
[3551]ILO-IPEC, Supporting the Time-Bound Program, project document, 4-5.
[3552]U.S. Department of State, Country Reports- 2002: Philippines, Sections 5, 6c and 6f. See also Department of Social Welfare and Development and UNICEF, Commercial Sexual Exploitation of Children in the Philippines: A Situation Analysis (Executive Summary), 1999, 7-8.
[3553]U.S. Department of State, Trafficking in Persons Report 2003- Philippines. See also ECPAT International, Philippines, in ECPAT International, [database online] [cited June 6, 2003]; available from http://www.ecpat.net/eng/Ecpat_inter/projects/monitoring/online_database/index.asp.
[3554]U.S. Department of State, Country Reports- 2002: Philippines, Sections 6c and 6f. See also ILO, The ILO-Japan Asian Meeting on the Trafficking of Children for Labour and Sexual Exploitation: Country Report- Philippines [CD-ROM], Manila, 2001.
[3555] U.S. Department of State, Country Reports- 2002: Philippines, Section 5. See also Rufa Cagoco-Guiam, Child Soldiers in Central and Western Mindanao: A Rapid Assessment, no. 21, ILO-IPEC, Geneva, February 2002.
[3556] The Philippine Constitution, Article XIV, Section 2 ( para 1, 2), 1987, as cited in Feny de los Angeles-Bautista and Joanna C. Arriola, To Learn and To Earn: Education and Child Labor in the Philippines, Working Paper Series on Child Labor (Manila: ILO-IPEC, 1995), 2.
[3557]"Republic Act No. 6655," in Laws and Issuances on Children Council for Welfare of Children and UNICEF, 2001.
[3558]Government of the Philippines, Governance of Basic Education Act (Republic Act No. 9155), (2001).
[3559]U.S. Department of State, Country Reports- 2002: Philippines, Section 5.
[3560] World Bank, World Development Indicators 2003 [CD-ROM], Washington, D.C., 2003. For an explanation of gross primary enrollment and/or attendance rates that are greater than 100 percent, please see the definitions of gross primary enrollment rate and gross primary attendance rate in the glossary of this report.
[3561] Government of the Philippines, Preliminary Report of the Multiple Indicator Cluster Survey (MICS) for the Philippines, 1999, UNICEF, [cited November 12, 2002]; available from http://www.childinfo.org/MICS2/newreports/philippines/philippines.htm.
[3562]UNDP, Philippine Report on Millennium Development Goals, 25.
[3563]Philippines Labour Code, Article 139; available from http://natlex.ilo.org/txt/E98PHL01.htm. See also "Republic Act No. 7658 of 1993," in Laws and Issuances on Children Council for Welfare of Children and UNICEF, 2001, 59-60.
[3564]Philippines Labour Code, Article 59.
[3565]U.S. Embassy- Manila, unclassified telegram no. 0962, February 27, 2004.
[3566]Ibid., Article 139.
[3567]This work would include use of adhesives used in footwear manufacture, employment in dance halls, deep-sea diving and underground work, mining, logging, and pyrotechnics production. See Government of the Philippines: Department of Labor and Employment, Hazardous Work and Activities to Persons Below 18 Years of Age, Department Order No. 04, 1999. See also Department of Labor and Employment, Primer on the Rights of Women and Young Workers, DOLE, [online fact sheet] [cited July 14, 2003]; available from http://www.dole.gov.ph/primers/rightswyw.htm.
[3568] Opening Doors: A Presentation of Laws Protecting Filipino Child Workers, rev. ed. (Makati City: Ateneo Human Rights Center and ILO, 1997), 71-72.
[3569]U.S. Embassy- Manila, unclassified telegram no. 4653.
[3570]Anti-Trafficking in Persons Act, Sections 3-4.
[3571]The Act also provides for confiscation of any proceeds deriving from trafficking crimes. See Ibid., Section 6, 10, 14. This is the equivalent of USD 36,476 to USD 91,191. See also FXConverter, [online] [cited September 9, 2003]; available from http://www.carosta.de/frames/convert.htm.
[3572]Anti-Trafficking in Persons Act, Section 5, 10.
[3573]Ibid., Section 6, 10. The Government has a joint agreement with Malaysia and Indonesia to combat transnational crime, including trafficking in persons. See U.S. Department of State, Trafficking in Persons Report 2003- Philippines.
[3574]Revised Penal Code, as cited in The Protection Project Legal Library, [database online], Act No. 3815; available from http://209.190.246.239/protectionproject/statutesPDF/PhilippinesF.pdf.
[3575]Government of the Philippines, Special Protection of Children against Child Abuse, Exploitation and Discrimination Act, (Republic Act No. 7610 of 1992), Sections 2, 3, 5, 7; available from http://natlex.ilo.org/txt/E92PHL01.htm.
[3576]Revised Penal Code, Articles 202, 341.
[3577] DOLE maintains inspection statistics that reflect a steady decline in violations of child labor laws from 1997 – 2001. See U.S. Embassy- Manila, unclassified telegram no. 5729. In 2002, only 34 children below the age of 18 were identified, through inspections of 39, 811 establishments, of whom 5 were working in hazardous conditions. The total is up slightly from 26 children identified in 2001. See U.S. Embassy- Manila, unclassified telegram no. 4653.
[3578]U.S. Embassy- Manila, unclassified telegram no. 4653.
[3579]U.S. Embassy- Manila, unclassified telegram no. 5853, September 11, 2000. Trafficking convictions are not common due to the judicial system’s ineffectiveness. See U.S. Department of State, Trafficking in Persons Report- 2002: Philippines, Washington, D.C., June 5, 2002; available from http://www.state.gov/g/tip/rls/tiprpt/2002/10680.htm. The BWYW reported only 4 convictions on child labor violations from 1993 – 2003, although an additional 11 child labor cases are currently pending before the courts. See U.S. Embassy- Manila, unclassified telegram no. 4653.
[3580]U.S. Department of State, Country Reports- 2002: Philippines, Section 6f.
[3581] ILO, Ratifications by Country, in ILOLEX, [database online] [cited June 4, 2003]; available from http://www.ilo.org/ilolex/english/newratframeE.htm.