Laws Affecting Child Labor

EXECUTIVE ORDER NO. 356 RENAMING THE BUREAU OF NONFORMAL EDUCATION TO BUREAU OF ALTERNATIVE LEARNING SYSTEM WHEREAS, it is a declared State policy, "to protect and promote the right of all citizen to quality basic education and to promote the right of all citizens to quality basic education and such education accessible to all by providing all Filipino children in the elementary level and free education in the high school level. Such education shall also include alternative learning system for out-of school youth and adult learners." (Section 2 of PA. 9155, The Governance of Basic Education Act of 2001) Republic Act 9208 "Anti-Trafficking in Persons Act of 2003," deems it unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced-labor, slavery, involuntary servitude or debt bondage House Bill No. 519, entitled: “AN ACT ESTABLISHING CENTERS FOR STREET CHILDREN IN EVERY REGION OF THE PHILIPPINES AND APPROPRIATING FUNDS THEREFOR” By Representative Antonino-Custodio R.A. 7323 Help poor but deserving students pursue their education by encouraging their employment during summer and/or Christmas vacations. Through incentives granted to employers, allowing them to

pay only sixty per centum of their salaries or wages and the forty per centum through education vouchers to be paid by the government prohibiting and penalizing the filing of fraudulent or fictitious claims and for other purposes National Program Against Child Labor (NPACL) NPACL is being implemented by these groups with the Department of Labor and Employment (DOLE) as lead with the support of the ILOIPEC and the United Nations Childrens' Fund-Manila (UNICEF-Manila). The approaches of the program are mainly on preventive, protective and rehabilitative strategies that are particular to child laborers exposed to trafficking, commercial sexual exploitation, slavery/bonded labor and other forms of hazardous work. These involve identifying and master listing of child laborers, identifying of risk factors in the community and the family, legislation and enforcement of policies, support for basic education, advocacy and social mobilization, and child participation. The NPACL has implemented some endeavors namely: a. Sagip Batang Manggagawa (Save Child Laborer) Project; b. Iinspection/Enforcement; c. Provision of protective custody, temporary shelter,and alternative parental care; d. Oragnization of barangay councils for the protection for children BCPCs; e. Mobilization of community volunteers; f. Conducting parent effectiveness services (PES); and g. More response from trade unions. Despite of their efforts, the NPACL and other initiatives still have gaps to fill. They still need to identify and articulate the problems

encountered in the implementation of their various interventions and to discuss unresolved issues and dilemmas. Among these that require further efforts are: a. successful prosecution of child labor cases; b. establishment of rehabilitative centers at the regional and community levels; c. provision of integrated services at the local level through active participation of the local government units, the church groups, people's organizations and other service-oriented institutions; d. monitoring mechanisms and tools in the implementation of services to child laborers and their families; and e. the

need to

develop, implementation

and maintain

more

innovative/alternative education programs for working children and the need to provide more capability training programs for school teachers/administrators handling working children. R.A. 8296 Declaring every second Sunday of December as the National Children's Broadcasting Day Quezon City Ordinance Prohibiting the father, mother, natural or legal guardian of a child, ward or any person to allow or tolerate, knowingly or unknowingly said child, ward or any person under his/her custody or guardianship to ask, solicit, or otherwise beg for alms, donations, contributions or any act of mendicancy from anybody in public streets, parks, playground or any public places and providing penalties thereof; Senate Bill 1771:

(on Child Domestic Labor) Senator Jinggoy Estrada proposed the Senate Bill 1771 that gives protection to Child Domestic Laborers against any kind of abuse; it is supported by the International Labor Organization (ILO), Visayan Forum (VF) and many other Non Government Organizations (NGO’s) by founding an association to train Domestic Laborers in doing house chores and conducting seminars that could help in the improvement and development of their personality. THE CONVENTIONS ON THE RIGHTS OF THE CHILD The United Nations’ Convention on the Rights of the Child sets out what governments and individuals should do to promote and protect the indivisible human rights of all children. Unanimously adopted by the General Assembly on 20 November 1989, it has since been ratified by all the world’s governments, except Somalia and the United States of America. Ratification means that governments commit themselves to ensuring that children can grow up in safe and supportive conditions, with access to high quality education and health care, and a good standard of living. It means governments agree to protect children from discrimination, sexual and commercial exploitation and violence, and to take particular care of orphans and young refugees.

It is also an acknowledgement that children have the right: •

To express opinions, especially about decisions that affect them:

•

To freedom of thought; expression, conscience and religion;

•

To a private life and the right to play;

•

To form their own clubs and organizations;

•

To have access to information – particularly from the state and

the media; •

To make ideas and information known themselves.

The convention provides a benchmark against which the efforts of each government to improve the lives of the children can be measured. Every five years, governments must report to the UN Committee on the Rights of the Child. The Committee reviews their progress, meets with government representatives and listeners to the views of non-governmental organizations (NGOs), before making recommendations about how each country could do better. INTERNATIONAL LABOR OFFICE The International Labour Organization is the UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights. It was founded in 1919 and is the only surviving major creation of the Treaty of Versailles which brought the League of Nations into being and it became the first specialized agency of the UN in 1946.

The ILO formulates international labour standards in the form of Conventions and Recommendations setting minimum standards of basic labour rights: freedom of association, the right to organize, collective bargaining, abolition of forced labour, equality of opportunity and treatment, and other standards regulating conditions across the entire spectrum of work related issues. It provides technical assistance primarily in the fields of: • vocational training and vocational rehabilitation; • employment policy; • labour administration; • labour law and industrial relations; • working conditions; • management development; • cooperatives; • social security; • labour statistics and occupational safety and health. It promotes the development of independent employers' and workers' organizations and provides training and advisory services to those organizations. Within the UN system, the ILO has a unique tripartite structure with workers and employers participating as equal partners with governments in the work of its governing organs. RATIFICATION OF INTERNATIONAL INSTRUMENTS ON CHILD LABOR Of the 16 international conventions related to child labor, the Philippines has ratified 4. These are as follows:

ILO Convention No.59 (“Minimum age for admission of children to industrial employment’). Ratified in May 1960, the Convention sets the minimum age for employment in industry at 15 years but allows children under 15 to be employed in under takings where only family members are employed, but only if such work is free from risk to the life, health, or morals of children (Art.2). ILO Convention No.77 (‘Medical examination for fitness for employment in industry of children and young persons”). Also ratified in May 1960, the Convention requires the medical examinations of children prior to employment and continous examinations after that, and includes the medical examination guidelines for the different kinds of work done by children. ILO Convention No.90 (“Night work of young persons employed in industry”). Ratified in May 1953, the Convention bans the employment of children in industry at night or the duration of work of at least 12 consecutive hours, including the interval of at least 7 consecutive hours, from ten in the evening to seven in the morning, for children aged between 16 and 8 years (Art.2). ILO Convention No.138 (“Minimum age for admission to employment”). The campaign to build a broad support for the Convention’s ratification was spearheaded by both government agencies and NGOs. This grounds well of support inspired Congress to briskly ratify Convention once it came to a vote. ILO-IPEC and its partners in the Philippines played a key role in the advocacy not only for the ratification of the Convention but also for the passage of more childsensitive laws, especially those concerning child labor. A most

recent focus of ILO-IPEC partners and other anti-child labor advocates was the Global March Against Child Labour held in January 1998. The Asian side of the March was launched in the Philippines, and marchers would meet those from other parts of the world in Geneva in June 1998. Throughout 1997, several conventions and conferences around the world discussed the interests and states of child laborers, and prepared for the final meeting of representatives from various countries in June 1998 to agree on the eradication of child labor. Ratified in October 1997, the Convention focuses on setting a standard minimum age for all circumstances, having in view the terms of previous conventions covering minimum age in specific industries or sectors. These are the Conventions on the Minimum Age for industry (approved by ILO in 1919); sea (1920 and revised in 1936); agriculture (1921); trimmers and stokers (1932); nonindustrial employment (revised in 1937); fishermen (1959); and underground work (1965).