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COMMITTEE ON THE RIGHTS OF THE CHILD EXAMINES REPORT OF THE PHILIPPINES
18 May 2005
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Committee on the
Rights of the Child
18 May 2005
The Committee on the Rights of the Child today reviewed the second periodic report of the Philippines on how that country implements the provisions of the Convention on the Rights of the Child.
In her opening remarks to the Committee, Lina B. Laigo, Executive Director at the Council for the Welfare of Children, noted that the years 2001 to 2004 had been most challenging for the Philippines, during which several important laws had been enacted, among them the Anti-Trafficking in Persons Act of 2004, the Act Prohibiting Employment of Children in Hazardous Areas of 2004, and the Dangerous Drugs Act of 2002. Harmonization of Philippine laws with the Convention had constantly been the guide of the Government in setting its legislative agenda for children. Among other things, programmes and projects were implemented in partnerships with local governments, with non-governmental organizations and with local communities, especially in areas where there were disparities in child rights indicators, she added.
In preliminary remarks, Committee Expert Hatem Kotrane, who served as Rapporteur for the report, thanked the delegation of the Philippines for its active participation throughout the day to inform the Committee on the situation of the rights of the child in the State party. Among the concerns that would be reflected in the observations were issues relating to the application of laws on child rights, limited resources for child rights, and improved monitoring mechanisms to observe both the progress of children and obstacles facing them. In particular, children in armed conflict, children in conflict with the law, children born out of wedlock, and those sexually exploited, remained matters of concern and required greater efforts in the future, he added.
Other Committee Experts raised questions pertaining to, among other things, the State's budget allocation for children's issues; monitoring mechanisms; the rights of illegitimate children and children of migrants; children in armed conflict; the juvenile justice system and the age of criminal responsibility; corporal punishment; disabled children; health and education services; and street children.
The Committee will release its formal, written concluding observations and recommendations on the report of the Philippines towards the end of its three-week session which will conclude on 3 June.
The delegation of the Philippines consisted of representatives of the Council for the Welfare of Children; the Department of Social Welfare and Development; the Department of Justice; the Department of Foreign Affairs; the Department of Education; the Department of Health; the Permanent Mission of the Philippines to the United Nations Office at Geneva; and the Philippine Mission to the World Trade Organization.
As one of the 192 States parties to the Convention, the Philippines is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Thursday, 19 May, it will begin its consideration of the initial report of Bosnia and Herzegovina (CRC/C/11/Add.28).
Report of the Philippines
The second periodic report of the Philippines (CRC/C/65/Add.31), which covers the period from 1995 to 2000, outlines a number of steps taken by the Government to bring certain legislative concerns into full conformity with the Convention on the Rights of the Child. Among other things, the proposed comprehensive justice bill raised the age of criminal responsibility of the child from nine to twelve years old and the Constitution provides for free and compulsory elementary and free secondary education. A number of mechanisms have also been instituted to monitor the implementation of the Convention including Child 21, or the Philippine National Strategic Framework for a Plan on Children: 2000-2025, which lays the foundation for a "rights-based and evolving capacity" approach to planning and programming to monitor the situation of children in the State. Another measure is the creation of the Special Committee for the Protection of Children in 1995, co-chaired by the Secretary of the Department of Justice and the Secretary of the Department of Social Welfare and Development, to oversee the implementation of a comprehensive programme related to child protection rights.
With regard to budgetary allocations, the report draws attention to the Study on Resource Allocation Trends for Children by the Senate of the Philippines which showed that the budgets for children have consistently increased from Php 46.4 billion in 1996 to Php 84.1 billion in 2000. As for child abuse, an intensified media campaign against child abuse was carried out which created a heightened awareness on the subject evidenced by the increased incidence/reporting of these cases from 1995 to 1998 with a gradual decrease in 2000. To address this problem, the Family Violence Prevention Programme of the Philippines included preparing family members to manage resolution of conflicts within the context of family relations and protect children from an environment of violence. On the subject of education, the Drop-out Intervention Programme was undertaken during the reporting period which included a school feeding programme, the distribution of school supplies and a parent-teacher partnership. As a result of the State's efforts, there was an increase of enrolment in the secondary schools from 4.45 million students during 1992-1993 to 5.16 million in 1999-2000. This was largely due to the Free Secondary Education Act whose goal was to improve equitable access to quality secondary education in the poverty-affected areas.
The report also draws attention to a study commissioned by UNICEF and the Department of Social Welfare and Development in 1999 which estimated that three per cent of children below 18 years of age were living on the streets. Concerning juvenile justice, the Family Courts Act, passed in 1997, provides that all cases related to juveniles and domestic relations are heard by family courts to be established in every province and city in the country. The Supreme Court has designated 71 regional trial courts as Family Courts as of December 2000, the report states. A number of programmes to provide continuing education for professionals on child rights were also carried out which included in areas such as the basic principles of child rights; the handling of child victims of abuse; family violence protection; and the psychological intervention for children affected by armed conflict. The report further notes that the Armed Forces of the Philippines estimated that around 13-18 per cent of the total strength of the armed rebel groups are children.
Presentation of Report
LINA B. LAIGO, Executive Director at the Council for the Welfare of Children of the Philippines, noted that the years 2001 to 2004 had been most challenging for the Philippines, as this period was the second half of deposed President Estrada's Administration that was assumed by then Vice President and now present President Gloria Macapagal-Arroyo. During this period, several important laws had been enacted. Among them the Anti-Trafficking in Persons Act of 2004; the Act Prohibiting Employment of Children in Hazardous Areas of 2004; and the Dangerous Drugs Act of 2002.
The Philippines, as a developing country, had experienced the benefits and adversities of a globalized economy, Ms. Laigo added. The country had also faced rising crude oil prices, transportation fare increases, rising cost of utilities and other basic goods. The children of the Philippines had been remarkably resilient given all the natural as well as man-made disasters.
Harmonization of Philippine laws with the Convention on the Rights of the Child had constantly been the guide of the Government in setting its legislative agenda for children, Ms. Laigo said. The constant challenge at the national level was strengthening coordination among agencies and local government units as well as capacity-building of local government functionaries, especially the service providers.
Programmes and projects were implemented in partnerships with local governments and with non-governmental organizations and the communities, especially in areas where there were disparities in child rights indicators. Advocacy and planning sessions had also been held with local governments to ensure that goals and targets were synchronized with the Millennium Development Goals. Ms. Laigo pointed out the Philippines had covered 34 (or 43 per cent) of the 79 provinces that had already integrated Child 21 in their local Development Plans for Children, 16 had enacted a Child Welfare Code and quite a number of them had even made their State of the Children Report. The Government had also scaled up the implementation of the Early Childhood Care and Development Programme, prioritizing areas with high malnutrition and school drop out rates.
Efforts to promote and implement child rights had expanded to non-traditional partners such as inter-faith groups, media and the private sector, she added. Child participation in the Philippines had also reached a new level with child and youth representations in the Council for the Welfare of Children as well as in the National Anti-Poverty Commission, and at regional and sub-regional levels. Moreover, a more recent initiative of the Government was the Bright Child Campaign that stressed convergence of interventions along the areas of health and nutrition, education and psycho-social development of children.
Discussion
Questions Raised by Experts
HATEM KOTRANE, the Committee Expert who served as Rapporteur for the report of the Philippines, said that when considering the initial report of the Philippines, the Committee had expressed a certain number of concerns and had made recommendations which would be reviewed now. A great deal of progress had been made by the State party, particularly at the legislative level. These included the adoption in 2003 of the law on trafficking in persons aimed to protect children and the adoption in 2004 of the act on family issues concerning illegitimate children and the right for these children to use their fathers’ name. A number of international mechanisms had been ratified by the Philippines, including the two Optional Protocols to the Convention on children in armed conflict and the sexual exploitation of children.
There were, however, a number of difficulties facing the Philippines, the Rapporteur noted, including difficulties caused by the recent natural disasters which had devastated several provinces in the country. Moreover, the armed conflict and rebel movements had caused considerable set backs. There were concerns about the effective implementation of laws, namely in the area of the protection of children from all forms of abuse and exploitation. Factors such as poverty and sex tourism exacerbated these negative trends. More information was requested in this regard.
Mr. Kotrane asked what measures the Philippines was taking to ensure the effective implementation of the recently adopted acts and the status of the acts on juvenile justice and juvenile delinquency. In particular, information was sought on the Child 21 programme and the State's poverty reduction programmes. The Rapporteur also asked what effective means were being used to follow up on the monitoring mechanisms on child rights established by the State. With regard to the definition of the child, the Rapporteur asked for additional information on the age of criminal responsibility and the age of legal sexual consent. Information was also sought on measures taken by the Government to combat patriarchal attitudes which were prevalent in Philippine society.
JACOB EGBERT DOEK, the Committee Expert who served as Co-Rapporteur for the report of the Philippines, asked for additional information on the budget allocation for children's issues, in particular, and social services, in general, while noting that the Government had been spending much of its budget on debt surfacing. He also noted the impact of free trade agreements on children's rights. In particular, information was sought on the State's poverty alleviation fund and, in general, the results of the poverty reduction efforts undertaken in the poorest provinces in the country. While referring to the report of the Special Rapporteur on Torture, which noted that there were cases of ill treatment and torture of children, Mr. Doek asked what measures had been taken by the Government to address this issue. There had also been information on extrajudicial killings by paramilitary and other groups, he noted, and asked for additional information on that. Also raised were cases of children on death row and the possibility of clemency for youth in this situation.
Another Expert asked what conditions were required for an illegitimate child to take on the name of the father and asked for information on inheritance rights in general. She also asked for information about the plans envisaged by the State party to address the needs of vulnerable children, in particular indigenous children, about youth and student councils, and about the possibility of children to express their views.
Other Experts raised questions pertaining to the training for judges, police officers and government officials in the area of child protection and their rights; corporal punishment, and the State's intentions to carry out an advocacy campaign to eradicate the practice; registration of children at birth; illiteracy rates; the harmful effects of the Internet on children and the State's plans to address this problem; and information on child soldiers and what plans were being taken by the State party to address this issue.
An Expert asked whether there was a correlation between the difficulty of obtaining a divorce in the Philippines and the high number of illegitimate children in the country. Experts also asked whether there were bilateral agreements between the Philippines and other countries which would allow them to cover expenses for room and board for children abroad.
While noting that 42 per cent of the population was under the age of 18, an Expert asked for additional information on steps taken to improve social services to address this large portion of the overall population.
An Expert asked for more information on the prevalence of HIV/AIDS in the Philippines, especially given the high number of street children who were often sexually exploited, and the sex industry in the country. She also asked for information on the impact of the war on terrorism on children's rights, in particular Muslim children in the Philippines.
Response by Delegation
With regard to legislation, the delegation noted that the Council on the Welfare on Children was continuing to harmonize all acts concerning child rights.
Due to the economic crisis, the budget allocated for children, as well as others, had been affected, the delegation noted. There was a budget for each local government for matters related to children. There had been an increase in the budget for children in the various regions of the country. At the moment, the Philippines was exploring free trade arrangements with two neighbouring countries and had not engaged in them as of yet. Moreover, in the Philippines there was already a programme implementing the import of generic medicines pursuant to the Doha Declaration.
In response to a question, the delegation said there were effective mechanisms for monitoring violence against children which also aimed to engage agencies for support and action and allowed for legal protection measures. A six-year plan of action was also in effect which developed guidelines for the establishment of local task forces to ensure law enforcement in the areas of surveillance, investigation and arrests of perpetrators of child rights offences. Trafficking in persons was also an area being addressed by these task forces, which were made up of police officials, social workers and Government officials, among others.
When a minor was received by a prison and was below 18 years of age, the Bureau of Correction notified the Department of Social Welfare and advised the courts to take custody of the offender. If a person below the age of 21 was accused and sentenced to death row for a crime committed, he or she were sent to a special detention facility. Youth offenders were provided with skilled training as provided by prison facilities as per a pilot project. In a follow up question, an Expert raised the case of six minors currently on death row who committed their crimes when they were under 18 years of age. The delegation noted that the age of these youthful offenders were not established by the courts at the time of their trials. The Secretary of Justice had issued a directive in that regard and a pardon was being sought for these six offenders currently on death row. The State made assurances that no minor would be executed, the delegation added.
With regard to illegitimate children, the delegation noted that these children did not enjoy the same inheritance rights as children born within wedlock. These illegitimate children, however, now had the right to use the name of their father under a new law provided that they were acknowledged by the father.
As to reports of extrajudicial killings and summary executions, the delegation said that there were reports of this type and the Government had done its best to investigate these alleged crimes. In these cases, no witnesses had come forward to testify. However, the Government was trying to encourage potential witnesses to come forward to solve these cases.
Concerning child migrants, the delegation said recently a working group was set up to address the needs of migrant workers and their families, which targeted largely Malaysian nationals who comprised a large number of migrant workers in the Philippines. The working group sought to provide health care and education services, among other things, to these vulnerable groups.
With regard to children in armed conflict, the delegation said the Government had been assisting both children in armed conflict as well as children caught in conflict. Their psycho-social and other health needs were being attended to in particular.
Concerning youth councils, the delegation noted that these councils were part of local governments so as to ensure the role of young people in government. The delegation added that there were student government associations which reported on their activities annually; however, not all of the 42,000 schools in the Philippines had a student council, per se. Youth Councils had been very active in a number of social issues, including drug addiction and sexually transmitted diseases.
As to the questions raised on health issues, the delegation noted that there had been a number of advocacy campaigns on family planning. In terms of HIV/AIDS, the delegation noted that there was a low infection rate in the Philippines, even among the commercial sex workers.
Questions Raised by Committee Experts
Subjects raised during the second round of questions included programmes to assist children overseas who may be in need of assistance; the rights of children whose parents were prisoners; child mortality rates; nutrition, given that some 30 per cent of the children between 0 and 5 years were undernourished; laws and policies on adoption; foster families; school drop outs and education in local languages; vocational training; and youth unemployment.
An Expert noted that the legal age for compulsory education ended at 15 and the minimum age for legal employment was 18. Given this information, she asked what steps were taken by the Government for minors between the ages of 15 and 18 to address their needs.
Several Experts requested additional information on children in armed conflict and those who had been demobilized and also what specific steps had been taken by the State authorities to address their needs.
Although a prohibited practice in the Philippines, an Expert noted that there was a reported number of 3,000 to 4,000 abortions carried out in the Philippines every year and asked for more information in that regard.
Response by Delegation
Concerning children in armed conflict, the delegation said the Government's policy was not to recruit any minors as soldiers; however, rebel movements had done so. There was a total of 449 children involved in armed conflict in various regions. It was the view of the State that children in armed conflict were victims rather than offenders. Moreover, 24 per cent of former child soldiers, after being demobilized, were integrated into classrooms. The public attorney's office, upon receiving information on a child soldier, was mandated to request the court for his release on recognizance to his parents or relatives.
With regard to corporal punishment, the delegation said this practice was prohibited although it was still being used by parents. Laws had been passed to impose heavier penalties, namely through the Family Code, with the hope of reducing such practices overall. Moreover, several workshops had been carried out to raise awareness about this practice.
In response to a question, the delegation said the Government did not allow children to stay with parents who were in detention. Only newborn babies were not separated from their mothers. Prison visits for children were permissible. Alternative care was also provided by the Government for children in this situation. In response to a question on family courts, the delegation said there were 97 family courts in the Philippines. The goal of the State, however, was to have a family court in every city in the country. Concerning the detention of minors, the delegation said there were no separate detention facilities for minors in the Philippines. However, juvenile offenders were separated from hardened criminals in adult prisons and kept with prisoners serving sentences for minor offences.
As to measures taken in the area of social protection, the delegation said single parents were afforded special privileges and benefited for a variety of services as provided by the Department of Social Welfare and Development. Concerning children with disabilities in remote areas, the delegation said community-based rehabilitation programmes were in place to address the needs of these children. There was a scarcity of data on children with disabilities.
In response to a number of questions on health, the delegation said there had been a decline in the infant mortality rate, down to 29 out of 1,000 live births; however, there was a need to re-formulate Government policies to bring this rate down further. Concerning immunization, there was a higher immunization rate for female children. A number of measures were also being taken to ensure that safe water and sanitation was provided to all inhabitants, especially in rural areas. In 1995, the Philippine health insurance act was enacted which envisages universal coverage of health insurance; at present, 70 per cent of the population was covered by this scheme. The budget for health in the Philippines had gone down in the past three years.
Concerning questions raised on education, the delegation said basic education in the Philippines was taken over a span of ten years. In the past seven years, there had been four Secretaries of Education, all of whom had pursued a course of action to decongest the curriculum into five subject areas – English, Science, Mathematics, the Philippine language and a subject on social studies - through a reform on education. There were a number of incentives and programmes which had led to the reduction in school drop outs, the delegation noted in response to a question; one such programme was undertaken through the alternative learning system to respond to the needs of these drop outs. Distance learning programmes were also introduced. There was another project which aimed to create and expand community-based learning for drop outs. There were other measures taken to target indigenous children out of school, they added. Moreover, there were a number of approaches to supervise teaching and learning techniques in schools. The use of mother tongues in schools was also provided for. There were some 300 technical-vocational schools in the Philippines.
With regard to the impact on children of the war against terrorism, the delegation noted that in areas of conflict, the first to be evacuated were children and women. At evacuation centres, the Government made provisions for education and supplemental feeding.
While noting that about 3,800 crimes were committed by persons under 18 years of age in the Philippines, which comprised of some 30 million persons under that age, an Expert asked for an explanation about this seemingly low number of crimes committed by this large part of the population. The delegation said the reason for this low number was that the courts had relied largely on restorative justice and had been handing down more probationary sentences.
Concerning street children, the delegation said there were children who were living on the streets and those who just spent days on the streets. There were many non-governmental organizations which catered to their needs by providing counselling and other social services at various centres; UNICEF was also running a programme in the country to address this problem. There were some 100,000 street children countrywide. Some 75 per cent of these children had families and preferred to remain on the streets and the remaining 25 per cent had no families. A number of these children were involved in substance abuse and corrupt activities.
Preliminary Observations
HATEM KOTRANE, the Committee Expert who served as Rapporteur for the report of the Philippines, thanked the delegation of the Philippines for its active participation throughout the day to inform the Committee on the situation of the rights of the child in the State party. The efforts made in the areas of education and heath would be highlighted in the concluding observations to be issued at the end of the session.
Among the concerns that would be reflected in the observations were issues relating to the application of laws on child rights, limited resources for child rights, and improved monitoring mechanisms to observe both the progress of children and obstacles facing them. In particular, children in armed conflict, children in conflict with the law, children born out of wedlock, and those sexually exploited, remained matters of concern and required greater efforts in the future.
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For use of the information media; not an official record
Rights of the Child
18 May 2005
The Committee on the Rights of the Child today reviewed the second periodic report of the Philippines on how that country implements the provisions of the Convention on the Rights of the Child.
In her opening remarks to the Committee, Lina B. Laigo, Executive Director at the Council for the Welfare of Children, noted that the years 2001 to 2004 had been most challenging for the Philippines, during which several important laws had been enacted, among them the Anti-Trafficking in Persons Act of 2004, the Act Prohibiting Employment of Children in Hazardous Areas of 2004, and the Dangerous Drugs Act of 2002. Harmonization of Philippine laws with the Convention had constantly been the guide of the Government in setting its legislative agenda for children. Among other things, programmes and projects were implemented in partnerships with local governments, with non-governmental organizations and with local communities, especially in areas where there were disparities in child rights indicators, she added.
In preliminary remarks, Committee Expert Hatem Kotrane, who served as Rapporteur for the report, thanked the delegation of the Philippines for its active participation throughout the day to inform the Committee on the situation of the rights of the child in the State party. Among the concerns that would be reflected in the observations were issues relating to the application of laws on child rights, limited resources for child rights, and improved monitoring mechanisms to observe both the progress of children and obstacles facing them. In particular, children in armed conflict, children in conflict with the law, children born out of wedlock, and those sexually exploited, remained matters of concern and required greater efforts in the future, he added.
Other Committee Experts raised questions pertaining to, among other things, the State's budget allocation for children's issues; monitoring mechanisms; the rights of illegitimate children and children of migrants; children in armed conflict; the juvenile justice system and the age of criminal responsibility; corporal punishment; disabled children; health and education services; and street children.
The Committee will release its formal, written concluding observations and recommendations on the report of the Philippines towards the end of its three-week session which will conclude on 3 June.
The delegation of the Philippines consisted of representatives of the Council for the Welfare of Children; the Department of Social Welfare and Development; the Department of Justice; the Department of Foreign Affairs; the Department of Education; the Department of Health; the Permanent Mission of the Philippines to the United Nations Office at Geneva; and the Philippine Mission to the World Trade Organization.
As one of the 192 States parties to the Convention, the Philippines is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Thursday, 19 May, it will begin its consideration of the initial report of Bosnia and Herzegovina (CRC/C/11/Add.28).
Report of the Philippines
The second periodic report of the Philippines (CRC/C/65/Add.31), which covers the period from 1995 to 2000, outlines a number of steps taken by the Government to bring certain legislative concerns into full conformity with the Convention on the Rights of the Child. Among other things, the proposed comprehensive justice bill raised the age of criminal responsibility of the child from nine to twelve years old and the Constitution provides for free and compulsory elementary and free secondary education. A number of mechanisms have also been instituted to monitor the implementation of the Convention including Child 21, or the Philippine National Strategic Framework for a Plan on Children: 2000-2025, which lays the foundation for a "rights-based and evolving capacity" approach to planning and programming to monitor the situation of children in the State. Another measure is the creation of the Special Committee for the Protection of Children in 1995, co-chaired by the Secretary of the Department of Justice and the Secretary of the Department of Social Welfare and Development, to oversee the implementation of a comprehensive programme related to child protection rights.
With regard to budgetary allocations, the report draws attention to the Study on Resource Allocation Trends for Children by the Senate of the Philippines which showed that the budgets for children have consistently increased from Php 46.4 billion in 1996 to Php 84.1 billion in 2000. As for child abuse, an intensified media campaign against child abuse was carried out which created a heightened awareness on the subject evidenced by the increased incidence/reporting of these cases from 1995 to 1998 with a gradual decrease in 2000. To address this problem, the Family Violence Prevention Programme of the Philippines included preparing family members to manage resolution of conflicts within the context of family relations and protect children from an environment of violence. On the subject of education, the Drop-out Intervention Programme was undertaken during the reporting period which included a school feeding programme, the distribution of school supplies and a parent-teacher partnership. As a result of the State's efforts, there was an increase of enrolment in the secondary schools from 4.45 million students during 1992-1993 to 5.16 million in 1999-2000. This was largely due to the Free Secondary Education Act whose goal was to improve equitable access to quality secondary education in the poverty-affected areas.
The report also draws attention to a study commissioned by UNICEF and the Department of Social Welfare and Development in 1999 which estimated that three per cent of children below 18 years of age were living on the streets. Concerning juvenile justice, the Family Courts Act, passed in 1997, provides that all cases related to juveniles and domestic relations are heard by family courts to be established in every province and city in the country. The Supreme Court has designated 71 regional trial courts as Family Courts as of December 2000, the report states. A number of programmes to provide continuing education for professionals on child rights were also carried out which included in areas such as the basic principles of child rights; the handling of child victims of abuse; family violence protection; and the psychological intervention for children affected by armed conflict. The report further notes that the Armed Forces of the Philippines estimated that around 13-18 per cent of the total strength of the armed rebel groups are children.
Presentation of Report
LINA B. LAIGO, Executive Director at the Council for the Welfare of Children of the Philippines, noted that the years 2001 to 2004 had been most challenging for the Philippines, as this period was the second half of deposed President Estrada's Administration that was assumed by then Vice President and now present President Gloria Macapagal-Arroyo. During this period, several important laws had been enacted. Among them the Anti-Trafficking in Persons Act of 2004; the Act Prohibiting Employment of Children in Hazardous Areas of 2004; and the Dangerous Drugs Act of 2002.
The Philippines, as a developing country, had experienced the benefits and adversities of a globalized economy, Ms. Laigo added. The country had also faced rising crude oil prices, transportation fare increases, rising cost of utilities and other basic goods. The children of the Philippines had been remarkably resilient given all the natural as well as man-made disasters.
Harmonization of Philippine laws with the Convention on the Rights of the Child had constantly been the guide of the Government in setting its legislative agenda for children, Ms. Laigo said. The constant challenge at the national level was strengthening coordination among agencies and local government units as well as capacity-building of local government functionaries, especially the service providers.
Programmes and projects were implemented in partnerships with local governments and with non-governmental organizations and the communities, especially in areas where there were disparities in child rights indicators. Advocacy and planning sessions had also been held with local governments to ensure that goals and targets were synchronized with the Millennium Development Goals. Ms. Laigo pointed out the Philippines had covered 34 (or 43 per cent) of the 79 provinces that had already integrated Child 21 in their local Development Plans for Children, 16 had enacted a Child Welfare Code and quite a number of them had even made their State of the Children Report. The Government had also scaled up the implementation of the Early Childhood Care and Development Programme, prioritizing areas with high malnutrition and school drop out rates.
Efforts to promote and implement child rights had expanded to non-traditional partners such as inter-faith groups, media and the private sector, she added. Child participation in the Philippines had also reached a new level with child and youth representations in the Council for the Welfare of Children as well as in the National Anti-Poverty Commission, and at regional and sub-regional levels. Moreover, a more recent initiative of the Government was the Bright Child Campaign that stressed convergence of interventions along the areas of health and nutrition, education and psycho-social development of children.
Discussion
Questions Raised by Experts
HATEM KOTRANE, the Committee Expert who served as Rapporteur for the report of the Philippines, said that when considering the initial report of the Philippines, the Committee had expressed a certain number of concerns and had made recommendations which would be reviewed now. A great deal of progress had been made by the State party, particularly at the legislative level. These included the adoption in 2003 of the law on trafficking in persons aimed to protect children and the adoption in 2004 of the act on family issues concerning illegitimate children and the right for these children to use their fathers’ name. A number of international mechanisms had been ratified by the Philippines, including the two Optional Protocols to the Convention on children in armed conflict and the sexual exploitation of children.
There were, however, a number of difficulties facing the Philippines, the Rapporteur noted, including difficulties caused by the recent natural disasters which had devastated several provinces in the country. Moreover, the armed conflict and rebel movements had caused considerable set backs. There were concerns about the effective implementation of laws, namely in the area of the protection of children from all forms of abuse and exploitation. Factors such as poverty and sex tourism exacerbated these negative trends. More information was requested in this regard.
Mr. Kotrane asked what measures the Philippines was taking to ensure the effective implementation of the recently adopted acts and the status of the acts on juvenile justice and juvenile delinquency. In particular, information was sought on the Child 21 programme and the State's poverty reduction programmes. The Rapporteur also asked what effective means were being used to follow up on the monitoring mechanisms on child rights established by the State. With regard to the definition of the child, the Rapporteur asked for additional information on the age of criminal responsibility and the age of legal sexual consent. Information was also sought on measures taken by the Government to combat patriarchal attitudes which were prevalent in Philippine society.
JACOB EGBERT DOEK, the Committee Expert who served as Co-Rapporteur for the report of the Philippines, asked for additional information on the budget allocation for children's issues, in particular, and social services, in general, while noting that the Government had been spending much of its budget on debt surfacing. He also noted the impact of free trade agreements on children's rights. In particular, information was sought on the State's poverty alleviation fund and, in general, the results of the poverty reduction efforts undertaken in the poorest provinces in the country. While referring to the report of the Special Rapporteur on Torture, which noted that there were cases of ill treatment and torture of children, Mr. Doek asked what measures had been taken by the Government to address this issue. There had also been information on extrajudicial killings by paramilitary and other groups, he noted, and asked for additional information on that. Also raised were cases of children on death row and the possibility of clemency for youth in this situation.
Another Expert asked what conditions were required for an illegitimate child to take on the name of the father and asked for information on inheritance rights in general. She also asked for information about the plans envisaged by the State party to address the needs of vulnerable children, in particular indigenous children, about youth and student councils, and about the possibility of children to express their views.
Other Experts raised questions pertaining to the training for judges, police officers and government officials in the area of child protection and their rights; corporal punishment, and the State's intentions to carry out an advocacy campaign to eradicate the practice; registration of children at birth; illiteracy rates; the harmful effects of the Internet on children and the State's plans to address this problem; and information on child soldiers and what plans were being taken by the State party to address this issue.
An Expert asked whether there was a correlation between the difficulty of obtaining a divorce in the Philippines and the high number of illegitimate children in the country. Experts also asked whether there were bilateral agreements between the Philippines and other countries which would allow them to cover expenses for room and board for children abroad.
While noting that 42 per cent of the population was under the age of 18, an Expert asked for additional information on steps taken to improve social services to address this large portion of the overall population.
An Expert asked for more information on the prevalence of HIV/AIDS in the Philippines, especially given the high number of street children who were often sexually exploited, and the sex industry in the country. She also asked for information on the impact of the war on terrorism on children's rights, in particular Muslim children in the Philippines.
Response by Delegation
With regard to legislation, the delegation noted that the Council on the Welfare on Children was continuing to harmonize all acts concerning child rights.
Due to the economic crisis, the budget allocated for children, as well as others, had been affected, the delegation noted. There was a budget for each local government for matters related to children. There had been an increase in the budget for children in the various regions of the country. At the moment, the Philippines was exploring free trade arrangements with two neighbouring countries and had not engaged in them as of yet. Moreover, in the Philippines there was already a programme implementing the import of generic medicines pursuant to the Doha Declaration.
In response to a question, the delegation said there were effective mechanisms for monitoring violence against children which also aimed to engage agencies for support and action and allowed for legal protection measures. A six-year plan of action was also in effect which developed guidelines for the establishment of local task forces to ensure law enforcement in the areas of surveillance, investigation and arrests of perpetrators of child rights offences. Trafficking in persons was also an area being addressed by these task forces, which were made up of police officials, social workers and Government officials, among others.
When a minor was received by a prison and was below 18 years of age, the Bureau of Correction notified the Department of Social Welfare and advised the courts to take custody of the offender. If a person below the age of 21 was accused and sentenced to death row for a crime committed, he or she were sent to a special detention facility. Youth offenders were provided with skilled training as provided by prison facilities as per a pilot project. In a follow up question, an Expert raised the case of six minors currently on death row who committed their crimes when they were under 18 years of age. The delegation noted that the age of these youthful offenders were not established by the courts at the time of their trials. The Secretary of Justice had issued a directive in that regard and a pardon was being sought for these six offenders currently on death row. The State made assurances that no minor would be executed, the delegation added.
With regard to illegitimate children, the delegation noted that these children did not enjoy the same inheritance rights as children born within wedlock. These illegitimate children, however, now had the right to use the name of their father under a new law provided that they were acknowledged by the father.
As to reports of extrajudicial killings and summary executions, the delegation said that there were reports of this type and the Government had done its best to investigate these alleged crimes. In these cases, no witnesses had come forward to testify. However, the Government was trying to encourage potential witnesses to come forward to solve these cases.
Concerning child migrants, the delegation said recently a working group was set up to address the needs of migrant workers and their families, which targeted largely Malaysian nationals who comprised a large number of migrant workers in the Philippines. The working group sought to provide health care and education services, among other things, to these vulnerable groups.
With regard to children in armed conflict, the delegation said the Government had been assisting both children in armed conflict as well as children caught in conflict. Their psycho-social and other health needs were being attended to in particular.
Concerning youth councils, the delegation noted that these councils were part of local governments so as to ensure the role of young people in government. The delegation added that there were student government associations which reported on their activities annually; however, not all of the 42,000 schools in the Philippines had a student council, per se. Youth Councils had been very active in a number of social issues, including drug addiction and sexually transmitted diseases.
As to the questions raised on health issues, the delegation noted that there had been a number of advocacy campaigns on family planning. In terms of HIV/AIDS, the delegation noted that there was a low infection rate in the Philippines, even among the commercial sex workers.
Questions Raised by Committee Experts
Subjects raised during the second round of questions included programmes to assist children overseas who may be in need of assistance; the rights of children whose parents were prisoners; child mortality rates; nutrition, given that some 30 per cent of the children between 0 and 5 years were undernourished; laws and policies on adoption; foster families; school drop outs and education in local languages; vocational training; and youth unemployment.
An Expert noted that the legal age for compulsory education ended at 15 and the minimum age for legal employment was 18. Given this information, she asked what steps were taken by the Government for minors between the ages of 15 and 18 to address their needs.
Several Experts requested additional information on children in armed conflict and those who had been demobilized and also what specific steps had been taken by the State authorities to address their needs.
Although a prohibited practice in the Philippines, an Expert noted that there was a reported number of 3,000 to 4,000 abortions carried out in the Philippines every year and asked for more information in that regard.
Response by Delegation
Concerning children in armed conflict, the delegation said the Government's policy was not to recruit any minors as soldiers; however, rebel movements had done so. There was a total of 449 children involved in armed conflict in various regions. It was the view of the State that children in armed conflict were victims rather than offenders. Moreover, 24 per cent of former child soldiers, after being demobilized, were integrated into classrooms. The public attorney's office, upon receiving information on a child soldier, was mandated to request the court for his release on recognizance to his parents or relatives.
With regard to corporal punishment, the delegation said this practice was prohibited although it was still being used by parents. Laws had been passed to impose heavier penalties, namely through the Family Code, with the hope of reducing such practices overall. Moreover, several workshops had been carried out to raise awareness about this practice.
In response to a question, the delegation said the Government did not allow children to stay with parents who were in detention. Only newborn babies were not separated from their mothers. Prison visits for children were permissible. Alternative care was also provided by the Government for children in this situation. In response to a question on family courts, the delegation said there were 97 family courts in the Philippines. The goal of the State, however, was to have a family court in every city in the country. Concerning the detention of minors, the delegation said there were no separate detention facilities for minors in the Philippines. However, juvenile offenders were separated from hardened criminals in adult prisons and kept with prisoners serving sentences for minor offences.
As to measures taken in the area of social protection, the delegation said single parents were afforded special privileges and benefited for a variety of services as provided by the Department of Social Welfare and Development. Concerning children with disabilities in remote areas, the delegation said community-based rehabilitation programmes were in place to address the needs of these children. There was a scarcity of data on children with disabilities.
In response to a number of questions on health, the delegation said there had been a decline in the infant mortality rate, down to 29 out of 1,000 live births; however, there was a need to re-formulate Government policies to bring this rate down further. Concerning immunization, there was a higher immunization rate for female children. A number of measures were also being taken to ensure that safe water and sanitation was provided to all inhabitants, especially in rural areas. In 1995, the Philippine health insurance act was enacted which envisages universal coverage of health insurance; at present, 70 per cent of the population was covered by this scheme. The budget for health in the Philippines had gone down in the past three years.
Concerning questions raised on education, the delegation said basic education in the Philippines was taken over a span of ten years. In the past seven years, there had been four Secretaries of Education, all of whom had pursued a course of action to decongest the curriculum into five subject areas – English, Science, Mathematics, the Philippine language and a subject on social studies - through a reform on education. There were a number of incentives and programmes which had led to the reduction in school drop outs, the delegation noted in response to a question; one such programme was undertaken through the alternative learning system to respond to the needs of these drop outs. Distance learning programmes were also introduced. There was another project which aimed to create and expand community-based learning for drop outs. There were other measures taken to target indigenous children out of school, they added. Moreover, there were a number of approaches to supervise teaching and learning techniques in schools. The use of mother tongues in schools was also provided for. There were some 300 technical-vocational schools in the Philippines.
With regard to the impact on children of the war against terrorism, the delegation noted that in areas of conflict, the first to be evacuated were children and women. At evacuation centres, the Government made provisions for education and supplemental feeding.
While noting that about 3,800 crimes were committed by persons under 18 years of age in the Philippines, which comprised of some 30 million persons under that age, an Expert asked for an explanation about this seemingly low number of crimes committed by this large part of the population. The delegation said the reason for this low number was that the courts had relied largely on restorative justice and had been handing down more probationary sentences.
Concerning street children, the delegation said there were children who were living on the streets and those who just spent days on the streets. There were many non-governmental organizations which catered to their needs by providing counselling and other social services at various centres; UNICEF was also running a programme in the country to address this problem. There were some 100,000 street children countrywide. Some 75 per cent of these children had families and preferred to remain on the streets and the remaining 25 per cent had no families. A number of these children were involved in substance abuse and corrupt activities.
Preliminary Observations
HATEM KOTRANE, the Committee Expert who served as Rapporteur for the report of the Philippines, thanked the delegation of the Philippines for its active participation throughout the day to inform the Committee on the situation of the rights of the child in the State party. The efforts made in the areas of education and heath would be highlighted in the concluding observations to be issued at the end of the session.
Among the concerns that would be reflected in the observations were issues relating to the application of laws on child rights, limited resources for child rights, and improved monitoring mechanisms to observe both the progress of children and obstacles facing them. In particular, children in armed conflict, children in conflict with the law, children born out of wedlock, and those sexually exploited, remained matters of concern and required greater efforts in the future.
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