Implementation of the international covenant on economic, social and cultural rights



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 Section 9, Article II provides that the State “shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.”
Section 18, Article II, the State “affirms labor as a primary social economic force” and undertakes to “protect the rights of workers and promote their welfare.”
Section 12, Article XII mandates the State to “promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.”
Section 3, Article XIII mandates the State to (a) provide full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all; (b) guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful and concerted activities including the right to strike in accordance with law; (c) ensure security of tenure, humane conditions of work and a living wage; (d) ensure workers’ participation in policy and decision-making processes affecting their rights and benefits; (e) promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes; (f) recognize the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns of investments, and to expansion and growth.
Section 2 (2), Article IX - B (The Civil Service Commission) mandates that appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.


2 Article 12 of the Code declares that it is the policy of the State: (a) to protect and maintain a state of full employment through improved manpower training, allocation and utilization; (b) to protect every citizen desiring to work locally or overseas by securing for him or her the best possible terms and conditions of employment; (c) to facilitate a free choice of available employment by persons seeking work in conformity with the national interest; (d) to facilitate and regulate the movement of workers; (e) to regulate the employment of aliens, including the establishment of a registration or work permit system; (f) to strengthen the network of public employment offices and nationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas; (g) to serve national development objectives; and (h) to insure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines.
Article 14 of the Code mandates the Secretary of Labor and Employment to organize and establish employment offices and a nationwide job clearance and information system to inform applicants registering with a particular employment office of job opportunities in other parts of the country and abroad. The Secretary is also mandated to develop and organize a program that will facilitate occupational, industrial and geographical mobility of labor and provide assistance in the relocation of workers from one area to another..
Relevant provisions of the Administrative Code of 1987 –
Section 17 of Title VII Book V of said Code specifically mandates the Bureau of Local Employment of the Department of Labor and Employment, among others, to formulate policies, standards and procedures on productive manpower resources, development, utilization and allocation; as well as establish and administer machinery for the effective allocation of manpower resources for maximum employment and placement. Moreover, the Bureau is mandated to develop and maintain a responsive vocational guidance and testing system and develop and maintain a labor market information system in aid of proper human resource allocation. It is likewise mandated to formulate employment programs designed to benefit disadvantaged groups and communities.
Section 1, Chapter I, Sub-title A, Title I, Book V of the Administrative Code of 1987 declares as a policy that the State shall insure and promote the Constitutional mandate that appointments in the Civil Service shall be made only according to merit and fitness; that the Civil Service Commission, as the central personnel agency of the Government shall establish a career service, adopt measures to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil service, strengthen the merit and rewards system, integrate all human resource development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability; that public office is a public trust and public officers and employees must at all times be accountable to the people; and that personnel functions shall be decentralized, delegating the corresponding authority to the departments, offices and agencies where such functions can be effectively performed.


3 The CSC has mandated reforms in the ethical conduct of government workers. Notable among the reforms [contained in the revised Civil Service Code] is the implementation of the Paternity Leave Act of 1996 (RA 8187). Meanwhile, the Department of Social Welfare and Development’s Enhanced Reaffirmation of Paternal Benefits program provides fathers an opportunity to improve self-esteem and enrich their paternal capabilities to fulfill their roles, duties and responsibilities. Other government agencies have likewise implemented RA No. 8187 and other CSC Memorandum Circulars on flexi-time, maternity and paternity benefits, and special leave. To ensure that working mothers do not worry while at work, government offices issued their respective Administrative Orders, providing support services and facilities and day-care centers for pre-school children. Modified work schedule policies have been adopted not only for women to manage and balance their work and family responsibilities but also for the men to share parental responsibilities at home.


4 Sec. 4. Deployment of Migrant Workers. The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection and the rights of overseas Filipino workers: (a) It has existing labor and social laws protecting the rights of migrant workers; (b) It is a signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers; (c). It has concluded a bilateral agreement or arrangement with the Philippine government to protect the rights of overseas Filipino workers; and (d) It is taking positive, concrete measures to protect the rights of migrant workers.


5 From 1995 to 1999, a total of 164,821 disadvantaged women were served nationwide. Of the women graduates, a total of 115,374 were absorbed in the labor force either through self or open employment, sheltered workshop/community manufacturing or sub-contract jobs.

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 The technology-based training has the following levels: pre-employment training (4-6 months); skills upgrading (1-2 months); comprehensive trainers training (18 months); and training methodology (80 hours). This training program covers both the traditional (food processing, crafts-gifts and housewares, garments, and hotel and restaurant management and non-traditional (automotive, ceramics, electronics, jewelry, and metals/welding) courses. Since its establishment in 1998, the TWC has produced 1,569 graduates in pre-employment skills training. The empowerment/social skills training include entrepreneurship development, gender sensitivity, leadership, work ethics and values development, cooperative development, community organizing, and advocacy and social marketing.


7 For instance, affirmative measures are in place to ensure that women workers enjoy protection by reason of gender. Art. 132 of the Code limits the employment of women in certain forms of night-work. Article 138 ensures that women workers are afforded adequate facilities and standards to ensure their safety and health. Art. 139 provides that a woman working in a nightclub, cocktail lounge, massage clinic, bar or similar establishment be considered as employee of such establishment for purposes of labor and social legislation.
For health reasons, Article 139 provides for the minimum employable age of young workers at 15 years old and limits the number of hours and periods of the day they may be employed. The law is also specific that young workers under 18 years old may not be employed in undertakings of a hazardous or deleterious nature.
Because of their station or place of work, Article 135 provides for the protection of the rights of industrial home workers, particularly with regard to the standards established by the Secretary of Labor to ensure their general welfare and protection.


8 The community based training for enterprises development is being offered as one of the training and development methodologies for the government’s flagship program against poverty, thus it has been designed to operate within a definite and clearly defined area of battleground. Its mission is to hold the flow of labor from the agricultural sector, provide economic opportunities to the unemployed and develop the productivity and profitability of operators and workers in the informal sector.
The Community Training and Employment Coordinators (CTECs) serves as the TESDA’s intermediaries in the implementation of community-based training programs at the local level. Being regular LGU-personnel, the CTECs has important and critical roles in the development of the community.
Their mission is to assess, study and plan the implementation of training programs which would help develop and expand the community’s economic based. Their job is to cause the conduct of training through other actors. As of 2004, there are about 1,124 CTECs all over the country.


9 The manpower guidance program is made up of 12 major components which fall under the following phases: (a) Preparatory Phase, which consists of a mass-based (medical, social intermediaries and peer) training, recruitment, motivation and career information drive; (b) Pre-training Phase, which consists of applications processing, client assessment, admission notice, and training induction; (c) Training Phase, which consists of in-center counseling, job-induction and graduation; and (d) Post Training Phase, which includes placement and self-employment assistance, follow-ups, and retraining or skills upgrading assistance.


10 The Dual Training System is very promising even if its general replicability is not yet assured. The dual training institutions are new, specialized and high-qualified group, with more diversified product range, better equipped and more integrated industry-institutions relationships, catering mainly for occupations with high knowledge content.
The apprenticeship system functions more as “employment “ than as training, and is limited in its effectiveness by length of time and trades covered in the legislation. The legislation relating to apprenticeship needs radical change, although the system is still required, especially in craft occupations.


11 The conduct of skills competitions serve as venue to recognize the skills excellence of young industry skilled workers and graduates of TVET institutions. Skills competitions consist of a series of local, provincial, sectoral and regional contests being held nationwide. National winners proceed to compete in international skills competitions such as the ASEAN Skills Competition (ASC) and the World Skills Competition (WSC) under the auspices of the International Vocational Training Organization (IVTO).


12 The TWC maintained strong partnerships with private companies, non-government organizations as well as local government units for the on-the-job training of trainees, employment and scholarships. In terms of entrepreneurship development, the TWC maintained the provision of labor market information to its clients through the Kasanayan-Kabuhayan One-Stop Service. It specifically provided free internet training to women entrepreneurs so that they can engage in e-commerce. The KKOSS was further strengthened under the TESDA-UNDP Project. The marketing of the women’s products were tied up with the Philippine Marketing Corporation and 42 products are now marketed at malls in Metro Manila and four will be exported to the United States. The mainstreaming of GAD in TVET also gained headway as the training of 51 middle managers and 13 Provincial Directors, aimed at increasing the GAD champions within the agency as well as the TVET sector, was also supported under the TESDA-UNDP Project.


13 Article II, Section 14 of the Constitution provides that the State recognizes the role of women in nation-building and ensures the fundamental equality before the law of men and women. Article III, Section 1 of the Constitution also ensures to every person equal protection of the laws. Article XIII, Section 3 further assures protection to labor regardless of sex.


14 Section 8 of the Philippine Bill of Rights ensures that “the right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.” Alongside the longstanding protection of freedom of association, the framers of the 1987 Constitution deemed it necessary to recognized private and public sector unions as important examples of free and democratic organizations. This salient aspect of the Bill of Rights at once recognizes the statements in the travois préparatoires relative to the inclusion of a specific article on trade union rights in the Covenant despite the freedom of association clause in the Universal Declaration of Human Rights. Indeed, the so called “Lerum Amendment” to the freedom of association clause in the Philippine Constitution maintains the inadequacy of a general freedom of association clause, and upholds the protection of trade union rights as an “essential condition” for the guarantee of economic rights in general, and the right to satisfactory working conditions in particular.” In addition, Section 3 of the Article XIII (Social Justice and Human Rights) in the 1987 Constitution commands the State to “guarantee the rights of all workers to self-organization.” The rationale for Article XIII is the realization that social justice provides the material and social infrastructure for the realization of basic human rights, the enhancement of human dignity and effective participation in democratic processes.”
To fulfill these constitutional mandates, two statuses govern the exercise of the employees’ right to self-organization. For the private sector, the applicable statute is the Labor Code of the Philippines; for the public sector, it is Executive Order No. 180, series of 1987.

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 Financial or fiduciary rights of a union member include: (a) right against arbitrary, oppressive or excessive fees, fines and forfeitures; (b) right to full and detailed reports on all financial transactions in accordance with the constitution and by-laws of the union; (c) right against unauthorized collection of any fees dues or other contributions; (d) right to claim receipt for every payment of fees, dues or other contributions; (e) right to prevent funds of the organization from being applied for any purpose or object other than those expressly provided by the union’s contribution and by-laws or allowed expressly by written resolution adopted by the majority of the members at a general meeting duly called for the purpose; (f) right to demand or require that every income or revenue as well as every expenditure of the union shall be recorded or receipted, which record or receipt shall form part of the financial records of the union; (g) right against unauthorized special assessment or other extraordinary fees; (h) right against unauthorized check-off for special assessments, attorney’s fees, negotiation fees or any other extraordinary fees without an individual written authorization duly signed by the employee; (i) right to vote on the compensation of the union officers; (j) right against unreasonable assessment to finance labor relations seminars and other labor relations activities; (k) right to require the treasurer and other officers of the union to render a true and correct account of union funds and properties; (l) right to require that the account be duly audited and verified by affidavit and a copy thereof furnished to the Secretary of Labor and Employment; and (m) right to inspect the books of accounts and other financial records of the union and full and detailed reports from their officers and representations of all financial transactions as provided in the constitution and by-laws.
Political rights of a union member include: (a) right to be informed of the provision of the constitution and by-laws, collective bargaining agreement, prevailing labor relations system and all their rights and obligations under existing labor laws through the medium of labor relations seminars or other labor education activities; subject to qualifications and disqualifications (such as membership in a subversive organization); (d) right to be appointed to positions in the organization, subject to qualifications and disqualifications; (e) right to vote by secret ballot of any question of major policy affecting the entire membership of the organization; and (f) right to initiate and participate in impeachment or expulsion proceedings against an erring officer or member of the union

16


 Sections 5 to 7Rule XVI, Department Order No. 40-03. A legitimate labor union and employers may agree in writing to come together for the purpose of collective bargaining, based on the following parameters: (a) only legitimate labor unions who are incumbent exclusive bargaining agents may participate and negotiate in multi-employer bargaining; (b) only employers with counterpart legitimate labor unions who are incumbent bargaining agents may participate and negotiate in multi-employer bargaining; and (c) only those legitimate labor unions who pertain to employer units who consent to multi-employer bargaining may participate.

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 Article XIII, Section 3 of the Constitution guarantees the right of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities including the right to strike in accordance with law. Hence, while there is no general prohibition on strikes, the legislature has placed legal restrictions upon the enjoyment of the right.


18 OFW registration stands at around 600,000 as of end-2005, representing 25 per cent per cent of the total number of workers in countries where the SSS has established its representative offices. It bears notice that to cater to the needs of OFWs prior to their deployment, SSS established an office inside the One-Stop Center of the Philippine Overseas Employment Administration. The SSS has also established 15 offices worldwide mostly housed at Philippine embassies or consulates. OFW collections have also grown immensely from PhP95 million in 1999 to PhP893 million in 2005. Members’ net equity in the Flexi-fund has already reached PhP80 million.



19 (a) Equality of treatment – a covered Filipino, including his dependents and survivors, shall be eligible for social security benefits under the same terms as the national of the state with which RP has entered into an agreement; (b) Export of benefits – a person shall continue to receive his benefits wherever he decides to reside. (c) Totalization – contributions/creditable periods in both countries shall be added to determine qualification for benefits; (d) Payment of benefits – each country shall pay a fraction of the benefit due form their respective systems; and (e) Mutual administrative assistance – covered members or beneficiaries may file their claims with the designated liaison agencies of RP or the country where RP has an existing agreement, which shall accordingly extend assistance to facilitate processing of claims.

20


 These programs are as follows – Mutual Assistance System (MAS). For a uniform benefit of PHP5,000.00, a member pays a premium of PHP48.00 and another PHP48.00 as equity per year as long as he or she is a member of the system. Those who reach the age of 60 are retired from the system and are entitled to receive the accumulated equity per earnings; Loan Protection Plan (LPP). Payments for loans obtained by members are insured by the cooperative such that, in case of death of the member, the cooperative pays the balance of the loan; Member Protection Plan (MPP). An optional insurance program for members with premium depending on the age and amount of policy. If death occurs, the beneficiaries receive the amount of the policy coverage; Cooperative Employees Retirement Plan (CERP). Designed for permanent members or employees of cooperatives or self-help organizations where benefits depend on the premiums paid on a certain per centage basis between the employer/cooperative and the employee.

21


 In January 2003, President Gloria Macapagal-Arroyo approved a one percentage point increase in the SSS contribution rate, to 9.4 per cent from the previous 8.4 per cent , which took effect in March 2003. Beginning 2002, the maximum monthly salary credit for the SSS social insurance program was raised to P 15,000 from P 12,000. The increase provides incremental benefits for SSS members and infused liquidity for the SSS terms of higher collections. Also effective January 2002, SSS adopted a new definition of the credited year of service (CYS) to be equivalent to twelve months of contributions from the previous definition of at least 6 monthly contributions in a year. Revisions in policies have also been adopted regarding contributions payments. On 10 December 2003, the SSC approved additional policy changes for implementation in 2004 to improve the viability of the SSS fund, facilitate payment of member contributions to SSS, and ease the administration of Self-Employed (SE) and Voluntary Member (VM) contributions. In June 2001, the SSS, in addition to its define benefit program established a defined contributions scheme called the SSS Flexi-Fund for Overseas Filipino Workers (OFWS). The Flexi-Fund program facilities voluntary savings for supplemental income upon retirement, death, disability, and termination of an overseas employment contract or upon need of an OFW.


22 The recommendations presented in a study conducted by the UNDP and the ILO (Social Protection in the Philippines: Options and Recommendations for Reform and Development [1996] are also worth considering, notably the following: Review labor and social security legislation and procedures in relation to their application and relevance to the needs and circumstances of informal sector workers (including homeworkers); Identify and analyze social protection systems for the informal sector in Metro Manila o determine the basis for the design of benefit packages consistent with the needs and capacity for self-financing; Survey informal sector and agricultural cooperatives outside Metro Manila that are registered with the Cooperative Development Authority to determine and classify those with basic savings or social protection systems; Conduct a feasibility study regarding the introduction of a system of direct support for the vulnerable poor; Determine the cost of providing health care packages including primary outpatient are for beneficiaries under the National Health Insurance scheme. The study would include an indication for the potential of lower hospital utilization if patients were treated effectively in the community. The study would also include an assessment of the impact in purchasing power of the local government units if the funds for providing primary care were redirected to health insurance funds, with greater pooling of risks; and Study the possibility of funding social protection for the informal sector and agricultural workers by application of a levy on products or raw materials or through the imposition of a special tax.


23 To be established in every province and city, the Family Court shall have jurisdiction to hear and decide on the following cases: Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age, or where one or more of the victims is a minor at the time of the commission of the offense, provided the minor is found guilty, the court shall promulgate sentence and ascertain any liability which the accused may have incurred. The sentence shall, however, be suspended without need of application as provided in PD 603 (Child and Youth Welfare Code); Petition for guardianship, custody of children, habeas corpus in relation to the latter; Petition for adoption of children and their revocation; Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains; Petitions for support and or acknowledgment; Summary judicial proceedings brought under the provisions of EO 209 (Family Code of the Philippines); Petitions for declaration of status of children as abandoned, dependent or neglected children; petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases covered by PD 603, EO 56, series of 1986 and other related laws; Petitions for the constitution of the family home; Cases against minors covered by RA 6425, otherwise known as the Dangerous Drugs Act, as amended; Violations of RA 7610, also known as Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, as amended by RA 7658.


24 However, the DSWD through the Bureau of Family and Community Welfare retained the following functions: Formulation of programs, policies, rules, regulations and standards relative to the implementation of family and community welfare and development services; Initiation and administration of pilot or special projects for demonstration of the corresponding policies, programs, services, strategies, methods, procedures and guidelines prior to nationwide implementation; and Evaluation and provision of technical assistance and consultative services to operating units and local government welfare departments on program implementation.


25 These services include -- Parent Effectiveness Service, which includes parenting sessions on: early childhood care and development, parenting laws, improving marital relationship, health care; Responsible Parenthood Service, which refers to the provision of information and guides to individuals and couples of reproductive age in making decisions and corresponding action on planning family size and child spacing; Marriage Counselling Service, which refers to the provision of guidance to would-be couples on the realities and obligations of conjugal life and thereby coming to an informed decision about marriage. This service also includes exploring information and alternatives with married couples and making decisions about resolution of marital differences or enrichment of conjugal relationship; Family Casework, provides family members who are unable to cope with role adjustments resulting from crisis situations with knowledge and skills in problem solving; Special Social Services for Single Parents, which refers to counselling on the resolution of negative and bothersome feelings brought about by the loss or absence of the spouse; and Self-Employment Assistance, which refers to the provision of capital assistance to disadvantaged families, family members or groups to undertake income-generating projects.


26 The Committee is chaired by the Secretary of Social Welfare and Development and composed of government agencies, non-governmental organizations, civic and religious, marriage and family organizations, educational institutions and media groups.



27 These programs are as follows –
Child Care and Placement Service -- provides parental care, whether temporary or permanent, to abandoned, abused, orphaned children or those with special needs.
Day Care Centers – the DSWD operates care centers nationwide, benefiting almost two million pre-schoolers thus allowing their mothers to have regular jobs.
Child Protective Service – provides immediate intervention to abandoned, neglected, abused or exploited children, to prevent further abuse and exploitation and assist the child and the child’s family to overcome the trauma of such experiences.
Healthy Start Project -- a community based preventive strategy designed to improve family coping skills and functioning, promote positive parenting skills and parent child interaction, and advance optimal child development.
Special Social Services for Youth Offenders – a program for youth offenders with suspended sentence and assist them and their family by rehabilitating and reintegrating youth offenders into the mainstream of society.
Early Detection and Intervention of Disabilities of Disabilities Among Children -- a program with assists parents in detecting disabilities of children at an early stage and avail themselves of intervention to reduce the risk of secondary problems.
Family Drug Abuse Prevention Program -- a community based prevention program which aims to educate prepare families and their members on the adverse effects of drugs abuse. It involves the promotion of family life enrichment activities to enhance cohesive, bonding and harmonious relationship among family members. It further aims to equip the families with parenting and life skills towards a drug free home.
Substitute Family Care -- a service to meet the meet the needs of persons with disabilities, including children, and senior citizens for custodial care and rehabilitation services through residential care and group homes.


28 The following programs have recently been introduced by the DSWD –

Night Care for Children of Working Mothers -- provides substitute parental care to young children (3 months–6 years old) while their mothers/parents are working at night and young children are left with nobody to take care of. The program is a preventive measure in the elimination of abuse and neglect against young children. It also provides opportunities for mothers to accept jobs on night shifts without sacrificing their roles as mothers, and thus enabling them to be productive at work. The project was pilot-tested in Taytay. Rizal and was able to serve 25 children of 18 mothers working in factories in 1999. The project was later adopted in Binangonan and Cainta Rizal and Tanauan City, Batangas.
Integrated Day Services for Senior Citizens and Children -- this program provides for integrated social services for older persons, pre-schoolers, youth and their parents through intergenerational approaches and strategies bridging the gap between and among generations. This project was pilot tested in Neptali Gonzales Integrated Day Center for Senior Citizens and Their Children in Mandaluyong City.
Protective Behavior Program -- an educational training program which teaches/empowers children and adults on safety issues related to sexual abuse.
Tulong Aral Walang Sagabal - provision of day care service program to 3-6-year-old children with disabilities. As of 2002, this project is being implemented in 21 provinces, 19 cities and 851 barangays nationwide.
Growing Great Kids – this program adopts a training curriculum for caregivers of children 0-3 years old.
National Family Violence Prevention Program -- a community-based strategy which educates family members on how to protect themselves against violence within the context of family relations. It mobilizes communities and inter-agency structures to consolidate efforts in support to families at risk of domestic violence through the organization and strengthening of Barangay Councils for the Protection of Children, Family Councils, development of family advocates/family watch and peer support to victims, as well as the training of Katarungang Pambarangay members on proper mediation of domestic violence through the conduct of the Family Group Conference.
Neighborhood Support Service for Older Persons -- a community based project which provides appropriate services to older persons in their own homes regardless of their status and condition in life. This project was pilot-tested in Regions VI, XI and CAR.
Liberating the Indigenous People from Indignity -- a capability-building program which is designed to uplift the self-worth of indigenous peoples. exercise cultural awareness in them and strengthen their positive indigenous values, system and practices. The project is currently being pilot-tested in Lamitan, Basilan, and Zamboanga City.
Sheltered Workshops/Work Center for High Functioning Mentally Charged Persons - a business facility that fulfills hopes of persons with disabilities for economic sufficiency. It was pilot-tested in Davao City, Region VIII (Tacloban) and CAR (Baguio). The project was able to serve a total of 60 mentally challenged persons in 2001.

ECCD School on the Air -- provides relevant and helpful information on early childhood development to parents with young children (0-6 years old).
Child Friendly Investigation Studio – a community based facility which assists children who are victims of abuse to disclose facts surrounding the incidence of crime for preliminary and criminal investigation, and/or court hearings. This facility is being pilot tested at the DSWD-NCR.
Rehabilitation Program for Street Children Recovering from Substance Abuse a residential center-based program that utilizes the Modified Social Stress Model as a framework of intervention to help street children exposed to substance abuse has a healthier life and prevents the harmful use of substances. The project is being pilot-tested at DSWD-NCR’ s Haven for Street Children in Alabang, Muntinlupa City.
Halfway Home for Children in Conflict with the Law provides aftercare support to youth who have completed their rehabilitation program and with court order for release either to their families or for independent living preparing them emotionally, socially and economically for eventual reintegration to society. The project is being pilot tested in Region XI (Davao City) in partnership with Bahay Kalamboan, an NGO catering to street children.
Information Technology Literacy for Out-of-School Youth with Disabilities (Sharing Computer Access Locally and Abroad Program) -- a community based intervention which offers basic computer literacy skills program to youth with disabilities and out of school youth to broaden their employment opportunities. At present, there are 15 ICT Centers being operated with local government units. The project is being pilot-tested in Regions I, II, III, IV, VI. VII and CAR.
Special Drug Education Center (SDEC) – a community based facility which helps out-of-school youth and street children to cope with the challenges of adolescence particularly their vulnerability to drugs and substance abuse. It is being pilot-tested in two centers being managed by local government units particularly NCR, Pasay City and Legaspi City.
Community-Based Rehabilitation Program for Perpetrators of Domestic Violence provides various treatment approaches to restore the perpetrators social functioning and to break the cycle of violence in the family. The program is in response to Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Children Act. The project is currently being pilot-tested in Regions III, IV, V and VIII, X, XI, NCR and CAR.
Special Social Services for Strandees a mechanism that institutionalizes coordinated responses to efficiently manages the strandees during disaster through the Municipal Disaster Coordinating Council, an inter-agency structure in the municipality.
Alliance of Networks for Assistance to Strandees a facility that gives immediate assistance such as food, potable water, shelter and medicines to stranded commuters in various ports of the country.


29There are three (3) schemes of deployment – A Social Welfare Attache was deployed to Malaysia to assist in the handling of OFW concerns, more particularly the concerns of the deportees. For 2004, the attache was able to assist 7,368 deportees and victims of trafficking through provision of temporary shelter, counseling, critical stress debriefing and repatriation; Seven (7) social workers were detailed as technical and administrative assistants to Labor Attaches in Hongkong, Singapore, Taiwan, Dubai, Abu Dhabi in UAE, Jeddah and Kuwait. The social workers were able to assist a total of 6,256 overseas Filipino, mostly domestic helpers who were victims of physical and sexual abuse. Provision of temporary shelter, counseling, critical stress debriefing, medical, financial assistance and referrals to other sources were extended to OFWs; and Four (4) social workers were also deployed on secondment at the International Social Services of Hongkong and Japan in 2004. They provided services on international adoption, repatriation of children of undocumented Filipinos and counseling on interracial marriage.


30 The law strictly prohibits the employment of children under 15 years old, except if they are supervised by their parents and their education is ensured. Child actors from the entertainment industry are also exempt from this law if their parents secure official permits from the labor department, if their employers can ensure porper working arrangements and if their schooling is not sacrificed. The law newly prescribes reasonable working hours for all working children to ensure their access to free and compulsory education provided by public schools. It stipulates that if working in non-hazardous conditions, children below 15 years old can work not more than 20 hours a week, at most 4 hours a day. It also limits children 15-17 years old to work not more than 8 hours a day or 40 hours a week. Night work from 8pm to 6am is prohibited. An ILO study reveals that working beyond this prescribed hours of work will be detrimental to any child's total development.


31 The Committee is chaired and co-chaired by the secretaries of the DOJ and the DSWD, respectively, and includes as members the CHR Chairperson, the Commissioner of the Bureau of Immigration, the respective undersecretaries of the DOLE, the Department of Tourism, the DILF and the DFA, as well as three representatives of private organizations to be nominated by said groups and appointed by the President, as members. The Council for the Welfare of Children acts as Secretariat of the Committee.


32 Following the passage the Anti-Trafficking in Persons Act of 2003, the Inter-Agency Committee Against Trafficking (IACAT) composed of eight (8) government agencies was created. IACAT has formulated the National Strategic Plan of Action Against Trafficking in Persons to serve as the blueprint for all actions in combating trafficking and protecting trafficked persons. The Strategic Plan contains three (3) major components, i.e., prevention; protection, law enforcement and prosecution; and recovery and reintegration, and adopts certain strategies.


33 A. At the level of the village chief – (1) restitution of property; (2)reparation of the damage caused; (3) indemnification for consequential damages; (4) written or oral apology; (5) care, guidance and supervision orders; (6) counseling for the child and his family; (7) attendance in training, seminars and lectures; (8) participation in available community-based programs including community service. B. At the level of the law enforcement officer and the prosecutor – (1) diversion programs specified above; (2) confiscation and forfeiture of the proceeds or instruments of the crime. C. At the level of the appropriate court – (1) diversion programs specified above; (2) written or oral reprimand or citation; (3) fine; (4) payment of the cost of the proceedings; or (5) institutional care and custody.

34


 Poverty incidence in this section means the proportion of families whose incomes fall under the poverty threshold; all incidences in this paper would refer to families.

35


 Poverty incidence is estimated officially only every three years since it is dependent on the Family Income and Expenditure Survey which is undertaken only every three years.

36


 On the other hand, the NCR was still way ahead of the country's provinces in terms of development as its HDI was recorded at 0.885 in 1997, an improvement from its 0.873 index in 1994. Majority (63 provinces or 81.8 per cent per cent of the total) of the provinces fell under the medium classification in 1997. This performance was an improvement from the 1994 HDI results when only 56 provinces or 73.7 per cent per cent attained medium classification. On the other hand, 14 provinces (18.2 per cent per cent of the total) exhibited poor performance as they posted low HDIs.


37 The immediate concern of the program is to address direct investments in support of the following: (a) protection and development of watersheds; (b) proper management of agricultural land and water resources; (c) establishments and rehabilitation of irrigation systems; (d) providing marginalized sectors with preferential access to productive assets; and (e) providing other essential measures and support services.
The major strategies utilized by the program are as follows--

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