By: Vladimer B. Miranda, Angelina Mae Regalia, Kathleen Anne C. Silvino @ TheCapitol_News December 23, 2022
Stolen are the moments for these children, who can’t afford the luxury of spending the rest of their time playing at the park, exploring their potential, dreaming big, and figuring out how the world works the way normal kids do.
As the responsibility of earning money to pay the bills, to afford basic necessities, and even to just survive the day weighs heavily on their frail shoulders, the world sees them as brave souls, children built to make a bright future for themselves, ready to take on whatever life throws at them.
With a feeble physique but an eager mind, Billie, a 13-year-old child from Meycauayan, Bulacan, plays a different game than usual kids. With his life at stake and pockets to fill, he’s determined to help people as a parking boy earning not more than a 20-peso bill.
His mom works as a pizza vendor near the parking lot where he works; he is currently a sixth-grade student and dreams to be a teacher someday. When asked "who influenced him to work at such a young age," he said, "Ako po." "Para pagdating po ng pasko, eh, para po makaipon ako ng pera at makabili ng cellphone."
Billie’s mom sees nothing wrong with him working; she believes that this will be a training ground for him to equip himself to learn how to battle the challenges he may face growing up.
"Pabor. Kasi nagugustuhan no’ng bata ‘yung ginagawa niya, kahit pilitin ko man siya sa ayaw niya, kung siya rin naman ‘yung may katawan ‘yong anak ko, wala namang ginagawang masama mas ayos lang ‘yung gano’n. Hindi siya ma... hanggang sa paglaki niya matututuhan niya ‘yung hirap nang pamumuhay," she said, after being asked if she was not in favor that Billie should spend the rest of his childhood in school and on the playground rather than working.
The reality of these children, deprived of the privilege to play along like normal kids, is that they find their playground on busy highways, trying their luck, their bare feet making footsteps that leave a mark. While other children are busy playing with toy cars and dolls, they are spending their time looking for survival.
The Concept of Child Labor
To understand the concept of child labor deeply, it would be better to split the words "child" and "labor" and define them separately.
Based on the definition given by UNICEF's Convention on the Rights of the Child, when we say "child," it is every human being below 18 years old. Meanwhile, according to Merriam-Webster, "labor" is about doing any or certain services which mostly contain difficult tasks or work in exchange for wages. As children still do not have a mature body, mentality, and experience, they are not suitable for engaging in any labor. Therefore, the concept of the term "child labor" refers to the work done by children which deprives them of their childhood and affects their potential, growth, and dignity as human beings. In addition, it harms the children's physical and mental health and destroys their physical, mental, and psychosocial development.
Is the Philippines a Child Labor-Free Country?
Here in the Philippines, it is common to see children in the streets, public parks, jeepneys, public markets, and other places working for money or begging for alms. For others, they see it as a usual scenario and already accept it as part of Filipinos' daily encounters. But, from another perspective, it is alarming.
Many children choose to find a job at an early age due to the state they are in. These children usually belong to the lower class—the people of indigence. There are some cases wherein these children are the ones who take the initiative to grind to get money and help their families. They are the ones who make their choices as they experience being deprived of necessities and privileges. However, some children have nothing left to do but only obey their parents and are forced to get into labor. It is either because of culture or the incapability of parents to give their children a good life and education. Regardless of how, these two situations are both pictures of child labor which we should put an end to as long as possible.
Maawain Culture of Filipinos: A Good or Bad Thing?
The trait of being compassionate or maawain became a custom of Filipinos, and no one can change that. We are always saddened whenever we see children who go around the streets instead of going to school, do a heavy job instead of playing with other children, and are anxious to find a way to have at least a penny instead of having nothing to worry about. We are always swayed by the stories or news on the television about the hardships these children are going through due to being a worker at an early age. However, we were bounded by toxic positivity wherein, we do not realize that being too merciful in this situation is forgetting that child labor is a real problem and not an idea that should be tolerated. With this, the Philippines is a country that romanticizes the unfair and unjust reality of child labor.
The Hopeless Hope of the Country
Besides maawain culture, Filipino parents or adults being tolerant is also the reason why child labor continues. Some parents believe that working at a young age helps a child grow and succeed. It is often described as a way to learn how to be 'madiskarte' in life. Also, these kinds of parents are the ones who always rely on and depend on their children to bring them out of financial distress. They do not only consume their child's early days but also their adulthood phase. Their children are still obligated to provide financial support for their parents even if they also plan to marry and make their own families. This Filipino tradition is all about paying a debt of gratitude and a way to respect parents, which is still relevant now.
From any angle we look at, adult people are the ones who give children the idea of labor. Take this as an example, a man in your neighborhood calls a child playing outside, gives them the task of climbing on his house's roof to put something, and hands money to the child after. It can instill the idea of labor into the child, which can become a gateway for them to continue doing work to get some money.
Moreover, observing the parental guidance in every Filipino household, Filipino parents' habit is teaching their children to always see money as the most important thing above anything else. Herewith, these young people are already thinking of producing money with their own effort and hands.
Looking at these circumstances, instead of adults guiding and shaping young ones into thinking how important enjoying childhood and education are, they are the ones blocking them. Instead of helping to push them up and fulfill the concept of "Ang Kabataan ang Pag-asa ng Bayan," they are holding and pulling them back. Thus, this makes the hope of the country hopeless.
Evaluating the Numbers: Child Labor Cases Before and After the Pandemic
Figure 1. Infographic about Child Labor in the Philippines
The number of child workers aged 5-17 years old decreased in 2020 compared to 2019 as pandemic protocols continue to limit minorities. Despite the decline, the numbers are still high at 872, 000 child employees across the nation, from the estimated population of 31.17 million of children ages 5-17 years old. Out of 872 thousand employed underage, male sex have a higher number with 582 thousand (66.7%), and about 33.3% or 291 thousand in female sex. Majority of the workers are from the age range of 15-17 years old and were hired with the primary reason of cheap labor. Over 44% of underage workers are employed in the agricultural sector, followed by service workers with 1% difference (43%) as some restaurants and fast food chains are now open for underage workers. Among the 17 regions, Northern Mindanao has the highest child labor cases with 12.4% in 2020 with the ratio of 13 working children out of 100 child workers across the nation.
The lockdown relaxation brought the opportunity for child labor to drastically increase in 2022 with over 20,335 engaging in hazardous work according to the International Labor Organization (ILO). Along with the numbers, 58% of the children ages 5-17 years old are recorded to work in agriculture, while 35% and 7% work in services and the industry. This evaluates the increase of child labor cases in which numbers of children are subjected to work at an early age.
Some Laws and Programs Against Child Labor
Despite the alarming data on child labor cases here in the Philippines, there are some laws, policies, and programs that still protect children against child labor.
One of our country's programs is the Philippine Program Against Child Labor of the Department of Labor and Employment, which promotes national anti-child labor campaigns. This program's number one goal is to progressively eliminate child labor, especially in the communities suffering from poverty, by giving the victims protection and putting them into a caring society.
From 2020 to 2022, the said campaign perseveres more to accomplish its mission to make the Philippines a child-labor-free country by having a strategic framework and plans. The first intermediate outcome they have is to strengthen and localize the National Council Against Child Labor towards better connections of its members and partners at all levels. This is to have more vital child protection in regional, provincial, or local units and have an organized exchange of information, resources, and partnerships with other agencies and partners. The second is to make progress and improve the law against child labor locally or nationally. This means they are working to have intensified rules, policies, monitoring activities, and rescue services concerning child labor. The third is to expand and give victims of child labor, children at risk of being victims, and their families broader access to social services such as health, education, child protection, and decent work. Fourth is to improve the dissemination of information on child labor among stakeholders, policymakers, program implementers, and the general public. Its goal is to make any information and platform to address child labor accessible to the public. And last is to develop and maintain the National Child Labor Monitoring and Evaluation system.
Aside from the program, there is also a law which is the Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, specifically Article VIII, that provides discussion about guidelines and protection for the young working ones. Section 12 shows that children aged 15 and below may work if the child is working under the sole responsibility of their parents or legal guardian. The parents or guardians should ensure the child's safety, health, and morality. Employment should not become a barricade for the child's growth and development. The child's parents must also provide the minor with basic primary or secondary education. Suppose the minor's work is affiliated with the entertainment industry. In that case, the parent or guardian, the management, and DOLE should sign employment contracts that ensure the protection and give limitations and measures to prevent child exploitation, such as having proper remuneration and justifiable working hours and provided that competent authorities have approval with the policies implemented.
Article VIII also includes the penalties that an individual will face if they violate any of the provisions in the article. It also has non-formal education designed for working children who do not finish basic education, wherein they can take a course program that aims to promote their intellectual, moral, and vocational development.
In the Eyes of Legal Counsel
Attorney Victor Longos' point of view as a legal counsel working from Meycauayan, Bulacan, as he answered the question if he thinks Filipinos tolerate the idea of child labor.
For him, for an instance to be considered child labor, a child must be a victim of slavery and involuntary servitude, which is included in The Revised Penal Code, Section 3, Articles 272 and 274. Slavery means enslaving a human—usually forcing them to do any work. If a child works and takes over the responsibility of her parents as a provider of the needs of their family, it can be a part of slavery. Meanwhile, in the definition of involuntary servitude, it is an act where an individual works as a household servant or farm laborer just to pay for someone's or their debt, even if it is against their will. There are instances where the parents of a child let their child work for their creditor to pay for their debts.
On the other side, he also mentioned that laws are providing restrictions to abuse and protection of the welfare of every child. In his perspective, not all child laborers are forced laborers just like those child actors in the entertainment industry who are working for their own desires.
"'Yung paga-act nila, yung side nila ng pagiging artistic. Pag-arte, pag-drawing, pagkanta. Lalong nalilinang 'yung talento nila kaya para sa akin, hindi siya child labor. Ine-enhance pa nga natin yung mga talents ng bata [...] Yung word na child labor, negative na agad 'yung connotation niyan. Pero kung talagang gusto ng bata yung kanyang ginagawa, hindi trabaho ang magiging dating nito para sa kanya. Nage-enjoy siya eh, nae-enhance yung talents niya. Hindi child labor iyon at ito yung tinitingnan natin sa batas. Kaya nga pinoproteksyonan natin ang mga kabataan. Kahit sa civil law, nakalagay sa batas na lagi nating ipo-promote ang best interest of the child."
Pointing out the root of child labor misconception, Atty. Longos pointed out the role of lawmakers and parents in this irregularities.
“Kaya lamang natin iniisip na niroromantisa natin ang child labor kasi usually ang mga nakikita natin ay yung mga namamalimos sa kalsada. 'Yung iba naman sasali ng contest para makakuha ng pera pantulong sa pamilya. Parang ang nagiging dating kasi welcome na welcome sa atin ito, na niyayakap natin siya, pero hindi. Kung gano’n ‘yung aspeto na gusto sa ating iparating nito, kung talagang niro-romantisa natin ito, edi sana hindi na tayo naglagay ng mga batas. Maganda yung mga nagiging batas natin. ' Yung mga nagi-implement lang ang hindi nagiging maganda. Pangalawa, mismong hindi rin sumusunod sa mga batas na ito ay yung mga magulang."
The legal perspective denied the glorification of child labor in the Philippines, as well as on the side of the law. Child labor is legal in the Philippines in the context of child entertainers, still, any abuse to welfare of law violators would be subjected to existing sanctions. Moreover, poverty still questions other existing child labor cases in the sense that parents or other involved persons can neither be affirmed as violators nor obligors due to the fact that a child is stating the willingness to work to survive.
In the Eyes of a Guidance Counselor
It is a statement from Mrs. Filipina Mendoza De Leon, a registered guidance counselor and licensed professional teacher in Sta. Maria, Bulacan, regarding whether Filipinos tolerate the idea of child labor.
In her perception, victims of child labor are those young individuals working physical labor—doing complex activities, in a cyber den where child pornography and sexual abuse and exploitation exist, and those people in the streets where their lives are at stake. She said that those street children are the ones whom she always encounters.
As child labor is said to have a harmful effect on a child's development, she explained how having a job or work that you do not want or do not enjoy can affect someone's physical and mental health.
"That is already [proven in] particular studies, any work or any activity they are not enjoying, in the physical aspect, if you are forcing those children to exert physical effort to work, it means to say that they are physically affected by that work. When it comes to mental health, of course, kahit naman sino, if you do not like your work, if you are not enjoying, sabi nga nila, mental well-being is a person that can perform your daily routine regularly. But that is not a daily routine for them, so the moment you are abusing them, their mental well-being is affected."
She also said that the act of Filipinos romanticizing child labor brings both negative and positive ways. It has a negative effect if an individual uses the child laborer for fame and popularity. While it also has a positive impact because it can be an eye-opener for people to become aware of it.
"We are romanticizing child labor negatively and positively. In a negative way, we are trying to expose them with our own motivation. Minsan, we want to be recognized. We want to be somehow famous by using those child laborers, telling [the public] that you are against that, but then, 'yung iyong personal interest mo is to be recognized, to become famous, to gain popularity, so that is already child labor in a negative way. Sometimes, it could [have a] positive effect din, because we are talking about this, so other people become aware of this child labor. When we are aware of child labor, maybe we can report them, maybe we can stop this."
Just like what Atty. Longos said, Ma'am De Leon also believes that we have many laws and policies that are supposed to be helpful in preventing the rise of child labor. However, those people who are behind implementing it made it unsystematic and less tight. "When we are talking of policies and law, I think we have so many laws regarding child labor. We have special laws when it comes to family, child labor, and everything. The problem is the strict implementation of those laws, kasi [even if] we have full laws inside our constitution, family code and labor code or whatsoever law book, [if there is no strict] implementation , even in the lowest level of our society, the barangay, nothing will happen. The child labor will continue and go on and go on. Strict implementation is the key to [stopping] child labor."
In the field of guidance counseling, Filipinos obviously tolerate and glorify the concept of child labor. It is undeniable that this unfortunate case can be seen on every corner of the street. Many children risk their lives in the name of money—abandoning the real path they need to step in towards good growth and development. A stage wherein they supposedly need to socialize, play, discover things, and gain more knowledge through education.
Rundown: Context of Child Labor in the Philippine Setting
Child labor is any involvement of underage workforce below 18 years old to perform paid labor. It is still a practice in the Philippines whereas it was often normalized as a ‘strategy’ of every indigent family to survive their living. Being consumed by the compassionate custom, Filipinos tend to impose toxic positivity in every situation, whereas, child labor was looked upon in the light of a child being aware of life. Growing Filipino children are also becoming conscious of the fact that life revolves around money as most Filipino households battle for financial needs in everyday life. The current standing of the underage workers in the Philippines is at over 20,000, progressing anew to the last declining movement as pandemic relaxation seemed to allow increment.
Moreover, there are laws constituting the welfare of every child experiencing child labor, yet, these seem to overlook the fact that children should not be obligated by responsibilities at an early age. Like child entertainers, some children may enjoy their work, still, there is a combined percentage of over 95% who are forcibly working to sustain their living.
Are Filipinos Romanticizing Child Labor?
Throughout the report, it came to a close that Filipinos dispute romanticization of child labor yet, we are desensitizing working underage due to circumstances that poverty, economic downfall as well as sufficing luxuries brought child labor to exist in the present. The law clearly instigates sanctions as protection for the welfare of the children laborers yet, lawmakers and the government lack resolution to prevent, better, end child labor due to poverty. It will mostly be involuntary labor if the child will continuously experience life instability and comfort security. Any individual will always be willing to do anything, oftentimes, without any choice, in order to suffice and survive their living.
To Earn than to Learn, To Pay than to Play
They say children should enjoy their life while being the young ones (‘mag-saya habang bata pa); alike to leisure, they are also remind that education is the only wealth that every parents could give (‘edukasyon lamang ang tanging maipamamana namin sa inyo’)-- the basic rights of every child. Preconceived by the fact that a child is living poorly, in any case, a child would prioritize necessities and mind-framing these rights as privileges. No child who experienced hunger and suffering could endure another life's insecurities if they learned to earn it by obligating themselves in labor. For every victim of child labor’s manipulation to positivity, it is better to earn and pay than to learn and play.
To earn and to pay for them and their family’s expenses as well as the parents' gratitude and satisfaction puts warmth on every child in which it is becoming a way of encouragement for these children to continue. In a worse perspective, poverty created a toxic Filipino custom of making children an ‘investment’ to come to rescue as parents fail to provide for their family that is depriving a child’s right to access a comfortable life.
“Nagugustuhan ng bata yung ginagawa niya eh. Kaya pilitin ko man siya sa ayaw niya, kung siya naman ang may katawan, yung anak, wala naman din siyang ginagawang masama, Mas ayos pa ring ganun. Hanggang sa paglaki niya. Matututunan niya ‘yung hirap ng buhay.”
Despite the agreement that Billie should spend his childhood playing and learning, the statement of Billie’s mother abstractedly showed the manipulation using toxic positivity whereas the parent’s inability to provide was looked upon in the spotlight of learning life lessons.
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