Download - Child Labor vs. Child Stars
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Child Labor as Seen in Local Programming: Whether or not these programs fully comply to the requirements of the said law.
Submitted By:
Lim, Zarah Jane E.
Reyes, Ednalyn D.
Submitted To:
Atty. Reynaldo Lopez
FEBRUARY 10, 2006
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TABLE OF CO$TE$TS
Acknowledgements ------------------------------------------------------------------------ i
Introduction --------------------------------------------------------------------------------- 1
Chapter 1: Child and Child Labor ------------------------------------------------------- 2
Chapter 2: The Child Labor Law -------------------------------------------------------- 5
Chapter 3: Children in the Entertainment Industry ---------------------------------- 10
Chapter 4: Working Policies on Children in the Entertainment Industry ---------14
Summary and Conclusion --------------------------------------------------------------- 17
Bibliography ------------------------------------------------------------------------------ 19
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ACK$OWLEDGME$TS
The researchers would like to thank the following people for accommodating our requests
in the course of our gathering of data:
Mr. Ricardo S. Martinez – REGIONAL DIRECTOR, DOLE-NCR
Mr. Boyet Miano – LABOR AND EMPLOYMENT OFFICER, DOLE-NCR
Ms. Lety - LABOR AND EMPLOYMENT OFFICER, DOLE-NCR
Mr. Wesley - LABOR AND EMPLOYMENT OFFICER, DOLE-NCR
Ms. Beth Casin - BUREAU OF WOMEN AND YOUNG WORKERS, DOLE
The researchers would also like to thank
Atty. Reynaldo Lopez – PROFESSOR, MASS MEDIA LAWS
Mr. & Mrs. ____ Reyes
Mr. & Mrs. Zaldy Lim
And most especially,
GOD ALMIGHTY
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I$TRODUCTIO$
We live in an era where technology is constantly evolving. Television is one of
our main sources of entertainment as it presents social realities and situations where the
viewers can relate with the protagonist’s life. It is interesting to note that ownership of
television sets in Mega Manila have already increased to an astounding number of 95%1,
according to a survey conducted by Asia Research Organization, Inc. This just goes to
show how powerful television is. Because of the need to show social realities and
situations as realistically as possible, people in the entertainment industry would naturally
have to employ children, as they are a part of the family (with family being one of the
social groups).
Children, being the future workforce and leaders of our country, needs to be cared
for and protected not only by their respective families, but also by the government.
Therefore, an act was made which states that employment of children below 15 years of
age are prohibited by the government, except when they work under the sole
responsibility of his parents or legal guardian (as in family businesses), or when their
presence is needed in the entertainment industry.2
These exceptions have their corresponding provisions that would ensure the child’s well-
being.
1 Survey: Asia Research Organization, Inc. Year 2005, July 2005 2 Azucena, C.A.: Labor Laws Source Book: The Updated Labor Code & Other Laws, 4
th Edition, 2003
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This paper focuses on children working in the entertainment industry, aiming to
find out the requirements of the Department of Labor and Employment which are needed
to be able to legally employ a child. This paper also aims to find out if the Philippine
entertainment industry is complying with the requirements of the law in employing child
actors.
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Chapter 1
CHILD A$D CHILD LABOR
Before we can tackle child labor issues comprehensively, we must first be clear
on the definition of child and child labor. For the definition of a child, the age range is
very crucial for it determines when a child is still a child and when one becomes an adult.
The Child and Youth Welfare Code, R.A. # 7610 and R.A. # 7658 & the Convention on
the Rights of the Child define a child as “all persons below 18 years of age except those
emancipated in accordance with the law.”3
Child labor, on the other hand, is defined by the Institute of Industrial Relations
(IIR) as “any person below fifteen years of age who is engaged in economic activity
whether inside or outside the home.”4 This means that any work done by a child which
constitute wages is considered child labor. Legality of the matter is not tackled here. It
merely defines what child labor is. Another definition, which is more specific than the
former, comes from Webster’s Ninth New Collegiate Dictionary 1983, which states that
“child labor constitutes services engaged in by a person not yet of age that realize the
goals of an economy; the services rendered by a young worker for wages as distinguished
from that rendered by an entrepreneur for profit.”5
3 R. del Rosario and M.A. Bonga: Child Labor in the Philippines: A Review of Selected Studies and Policy
Papers 4 IIR 1985, Ibid. 5 Mish, Webster’s Ninth New Collegiate Dictionary 1983, Ibid.
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Thus, for the succeeding parts of this paper, we will use the definitions given
above as a basis for our concept of child and child labor.
Having cleared the definitions of the crucial terms of this paper, let us now look at
the historical background of child labor in the Philippines.
History of Child Labor
Ever since the beginning of time, children are expected to help out in household
chores. Girls are taught, even at an early age, how to cook, to sew, to care for babies, and
other important things that they need to learn in order for them to become good mothers
and housewives in the future. Similarly, boys are expected to help out their fathers at
their farms, or wherever their workplace may be, so that they can be exposed to real life
situations and thus be ready to be the man of the house in the future. It must be noted
though, that household chores are not to be considered a part of child labor. “Child labor
does not refer to all types of children’s work. It excludes household chores for one’s own
household or family.”6 This is because these chores are a part of every child’s training as
a human being and it serves as a preparation for their future as they become adults and
learn to live on their own.
Unfortunately, some children are not given the chance to a better life, and are
forced to work for other people. During the Spanish and American era, children were
6 Ibid.
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employed by priests to pound grains of palay and to clean the church or the convent.
Some children were also used as payment for their parents’ debts. They were sold at
certain amounts to become slaves of the rich people. Others were even sent to work for
factories.7 This practice of employing children became rampant because of the rise of the
problem of poverty in the Philippines. According to the article released by the Bureau of
Democracy, Human Rights and Labor (The Philippines Country Report on Human Rights
Practices for 1997), “Family poverty apparently forces many school dropouts… poor
families are unable to meet the numerous peripheral costs for uniforms, school supplies,
shoes and transportation… widespread poverty forces many young children to work.”8
Parents did not have any choice but to let their children work, so that they could help in
the family’s finances. This unfair situation that faces every child who is a victim of child
labor hampers his right to education. Most children forced to work and earn a living in
order to help support their family have no choice but to stop their schooling.
Because of this intrusion on the right of the child to a good life (and to his right to
education), the government has come up with laws that serves as a protection for children
who are victims of child labor. These laws and the conditions provided will be dealt with
in the next chapter.
7 Bureau of Women and Young Workers – DOLE 1990:13-16, Ibid. 8 Bureau of Democracy, Human Rights and Labor (The Philippines Country Report on Human Rights Practices for 1997).
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Chapter 2
THE CHILD LABOR LAW
Along the course of Philippine history, the child labor law has been replaced,
revised and amended a number of times in order to suit the changing conditions of the
society and to make it capable of meeting the child’s needs, especially in the promotion
of his welfare.
The famous saying goes like this: 8ecessity is the mother of all inventions. It is
quite the same in passing laws / making laws. Our lawmakers observe the society, pay
close attention to our needs, and are elected to look after our welfare and represent our
sentiments to the government. For example, during the early times, there were no such
laws regarding the use and abuse of the internet, for the obvious reason that the internet
does not exist back then. But with the arrival of the technological age, the laws of such
kind must adjust and keep up with the changing times, and so laws are made.
Similarly, child employment was already rampant in the early days. And with the
invention of television and radio, more and more parents saw the opportunity these types
of media could offer to the child. As such, new sets of laws were made to protect these
working children. But then again, in this modern age, we could hardly count the number
of child talents we see everyday on TV. That is the reason why our law-makers
implemented stricter laws -- to protect the welfare of these children.
10
In 1923, Act No. 3071 was approved. This law covers the regulation of the
employment of women and children. But with the changing times, it came to a point
where this law needed to be replaced so as to be more effective in protecting the working
women and children against exploitation. Therefore, in 1952, Republic Act No. 679 was
approved, with its amendatory act approved in 1954, duly called R.A. #1131.9
In R.A. 679 (along with its amendatory act R.A. 1131), the minimum age for
working children is fourteen years old. It has different provisions for children in different
age ranges. For children below fourteen years old, it states that they could only be
allowed to work if the job is not that hard. The law gives importance to the children’s
capacity to do certain tasks, and it emphasizes the need for the children to be able to
develop normally and still be healthy inspite of their job. Their education is also of
importance because one of the provisions is that their jobs should “not prejudice their
attendance in school.”10 For children below sixteen years old, specifications were given
on where these working children were not allowed to work. These include mines,
manufacturing companies, building and civil engineering works, undertakings engaged
in transport of passengers or goods by road or rail, factories, billiard rooms, cockpits,
bars, night clubs, etc.11 Similarly, for children below eighteen years old, specifications
were also laid out so that the children’s welfare are protected.
These painstaking reiterations of the conditions for employment of children only
shows that the law cares for the Filipino child and it will do its best just to protect the
9 Philippine Labor and Social Legislation 10 Sec. 1(a), R.A. 679, as amended by R.A. 1131, Ibid 11 Sec. 2, subsection a, pars. 1-3, R.A. 679, Ibid.
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children’s rights. Another evidence of the government’s care for the Filipino working
child is that it is constantly coming up with laws (be it amendments, new enactments or
provisions, or revisions) that will ensure the child’s safety and development inspite of his
work.
In 1974, for example, the Labor Code of the Philippines set the minimum age for
working children at fifteen years old (as opposed to the past minimum age requirement of
fourteen years). It also prohibited children under eighteen years old to be a part of
hazardous workplaces. Also in 1974, the Philippine Child and Youth Welfare Code, or
Presidential Decree No. 603, was enacted. This decree gave importance to the welfare of
the working children, meaning they insisted on the children’s right to education, safe
working conditions in their respective workplaces, and their overall development as a
human being.12
R.A. No. 7610, enacted in 1992, focuses on the protection of children against
trafficking, exploitation, abuse, and discrimination. In 1993, R.A. No. 7658 was
approved, as an amendatory act for R.A. No. 7610. Here, the minimum age requirement
of fifteen years old for working children given by the Labor Code of the Philippines was
reaffirmed. Also, strict provisions were given as to the conditions of employing a child.
An employer must secure a working permit from the Department of Labor and
Employment before he can make a child work for him. It is also in this act where the
12 R. del Rosario and M.A. Bonga: Child Labor in the Philippines: A Review of Selected Studies and Policy
Papers: Institute of Labor Studies, Comprehensive Study on Child Labor Law, 1994
12
limitations of hiring children either for family businesses or for public entertainment are
given. 13
13 Ibid.
13
R.A. 7610 generally focuses on working children. It hardly tackles the children in
the entertainment industry, as it has no specifications regarding child actor’s wages,
working hours, etc. What if, unfortunately, something happens to them while working?
Parents and the children have no call on the accident because the laws don’t cover them.
There are laws, but they are insufficient.
Fortunately, in the year 2003, the amended act on child labor was passed. This
new act amended RA 7610. This time, it has specifications regarding the working
children, and this law is up-to-date and more focused. Republic Act No. 9231, otherwise
known as “The Special Protection of Children Against Child Abuse, Exploitation, and
Discrimination Act,” is an act which includes provisions for the elimination of the worst
forms of child labor and also for stronger protection for the working child.14
The children of today is said to be the hope of tomorrow. As the popular song
goes,
“I believe the children are our future, teach them well and let them lead the way…” But
we believe that this is only possible if we take care of our children now. The Philippine
government is now active in giving protection to these children. As stated in Section 2 of
R.A. 9231, “The State shall intervene on behalf of the child when the parent, guardian,
teacher, or person having care or custody of the child fails or is unable to protect the
child against abuse, exploitation, and discrimination or when such acts are committed by
the said parent, guardian, teacher, or person having care and custody of the child.”15
14 R.A. 9231 Bureau of Women and Young Workers, Department of Labor and Employment 15 R.A. 9231, Sec. 2: Declaration of State Policy and Principles, Ibid.
14
Basically, the contents of the different child-labor related laws focus on the
child’s development as a person without forgetting his need to be educated, to be in a safe
workplace, and to be justly compensated for his work.
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Chapter 3
CHILDRE$ I$ THE E$TERTAI$ME$T I$DUSTRY
The Philippine Entertainment Industry constantly innovate their shows so that it
would suit the preferences of their targeted viewers. The industry realizes that part of
their viewers is comprised of children, therefore they come up with shows which feature
young actors or child stars. Now, we have reality shows for aspiring child talents such as
Star Circle Quest, Star Struck Kids and various singing contests. Parents usually sign up
their children for auditions upon seeing the potential of their kids. Oftentimes, these
children don’t even realize that they are actually working, given that they are
compensated with money. In an interview with the famous (former) child star Aiza
Seguerra by Cinema One, she said that during the time she was making all those movies
and tapings, she actually thought that she was just playing and she also thought that what
she was doing is what every other child is also experiencing. This is one of the many
reasons why working children in the entertainment industry must be protected by laws.
Some parents tend to abuse their children in order to enjoy special status and to acquire
fast money. It is undeniable that there is big money in show business. That is why, as
stated in the previous chapter, R.A. 9231 provides specifications regarding working
policies for children, especially those working in the entertainment industry.
Nowadays, we often see children in drama series that airs five times a week. An
example is “Anghel na Walang Langit” by ABS-CBN Channel 2. The talents of these
kids are admirable, from the way that they can cry easily in front of the cameras to the
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way they can portray their assigned characters despite their limited real-life experiences
due to their young age.
Some child actors are given good opportunities at a very young age. They have
drama series that airs five times a week, a sitcom on a weekend and another children’s
program on a Sunday. In short he/she is visible in television for one whole week! What
an exposure right? We haven’t even counted special projects such as movies, TV
guestings, mall tours, etc. But the question is, does he enjoy what he is doing? Is he
having the proper education he is entitled to? Is the workplace safe for him? These things
are known only by the child’s parents, guardian, agent and other people surrounding him.
The pressing issue is whether or not they are really protected.
According to a legislative status report prepared by Mr. Paul Petersen
(a representative of the United Nations and member of some of the active organizations
such as Young Performers’ Committee and Screen Actors’ Guild), as of year 2000, only
California has Work Rules for kids in entertainment.16 He also brought up the negative
aspect of not having such laws. For example, as in the case of former child star Drew
Barrymore, because she didn’t have anybody to look after her, she works until 5 or 6 in
the morning night after night and due to this she got into drugs and alcohol. All these
happened while filming “Firestarter”.17 This unfortunate incident would have never
happened if somebody were there to supervise her.
16 http://www.minorcon.org/legisstatus.html, retrieved: January 30, 2006 17 http://www.tribute.ca/bio.asp?id=1303, retrieved: February 4, 2006
17
Another classic example would be the silent-movie child star Jackie Coogan
(1914-1984). He was the child behind the successful movie “The Kid” together with
Charles Chaplin and in 1964 behind the character Uncle Fester of Addams Family. As a
child, he had movie offers left and right so that at a very young age his total earnings
were four million dollars. But when his parents got divorced, his mother and stepfather
took over in managing his financial records. At the age of 20, he began asking his mother
about the money he earned as a kid but she refused to tell him where it was or whether it
was still with them. Because of this, he filed a case against his mother and stepfather,
and though he won the case, he was awarded with only $126,000. This particular incident
was not hidden from the public and they were so outraged with the decision of the court
and so it was the beginning of the rise of the Coogan Act. This was passed to assist child
entertainers. Their parents/agents were required to set up a trust fund for child actors to
protect their earnings18.
The revised Coogan Law (applicable only in California) assured to supervise all
court-approved minors’ contract, it also requires the parents to make the earnings a
separate property of the child rather than community property of parents and it requires
producers to make timely deposits which will allow the interest to build the principal
right away and not wait for ten months. Also, under this law, studio teachers must
accompany a child at all times during a taping.19
18 http://www.goldensilents.com, retrieved: February 4, 2006 19 http://www.minorcon.org/newcoogan.html, retrieved: January 30, 2006
18
This issue was able to catch the attention of some of the people working in the
entertainment industry so they made a website called ‘A Minor Consideration”
(www.minorcon.org). This is a non-profit, tax-deductible organization. Mostly child
entertainers that are now adults founded this organization and their goal is to assist the
present and future child entertainers. As much as possible, they don’t want other children
to experience what they have gone through as child performers. This website is based in
Canada and its objective is to give aid and support to young performers. They have a
strong stand on giving emphasis on a child’s education and helping to preserve the
earnings these children make. 20
We should not wait until a child is seriously hurt while working in the
entertainment industry before we come up with legislations which aim to protect them.
As stated by a popular producer in Canada, “… the entertainment industry is a business;
your child is an investment, an asset you must protect”21
With this statement in mind, let
us probe into the Philippine Entertainment Industry’s policies for child stars.
20 www.minorcon.org, retrieved: January 30, 2006
21 http://www.minorcon.org/outsidethelaw.html, retrieved: January 30, 2006
19
Chapter 4
WORKI$G POLICIES O$ CHILDRE$ I$ THE E$TERTAI$ME$T I$DUSTRY
After ten years, the lawmakers finally revised RA 7610 and added limitations and
other forms of regulations to better suit the increasing number of children working in the
entertainment industry. RA 9231, otherwise known as the “act eliminating the worst
forms of child labor in the country and affording stronger protection for the working
child,” was introduced in 2003 but was implemented only recently in 2004 (according to
Mr. Boyet Miano, Labor Employment Officer, DOLE-NCR). Upon introduction of the
said new law, DOLE-NCR was tasked by the Secretary of the Department of Labor and
Employment, Ms. Patricia Sto. Tomas, to strengthen their monitoring of compliance on
RA 9231, specifically on the film and television industries. They did this by conducting
regular spot checks (visiting the location of the shoot), as well as conducting advocacies
about the newly amended act to all network/TV stations. We can see these 30-second
infomercials at the end of programs such as “Mahiwagang Baul” (of GMA, every
Sunday) and “Mga Anghel na Walang Langit” (of ABS-CBN, aired from Mondays to
Fridays).22 DOLE-NCR also conducted an orientation regarding this new law to
representatives of the networks and advertising agencies. All these efforts are done to
make the people aware of this Act.
The Department of Labor and Employment are strict on their “No permit, No
shoot” policy for children in the entertainment industry. According to RA 9231, children
22 http://www.bwyw.dole.gov.ph/New%20TV%20plug%20on%20Child%20Labor%20launched.htm,
retrieved: February 9, 2006 Information and Publication Service / DOLE-8CR Bureau of Women and Young Workers
20
who are 15 years old and below must have a permit approved by DOLE. But before this
permit can be approved, the parents are asked to submit requirements such as birth
certificate, notarized employment contract, medical certificate, proof of schooling, 2
passport-sized photographs, and an application fee of 100 pesos, all these for first time
applicants.23 For further evaluation, there are times that parents are interviewed by
officials of the department. The following conditions are given: (1) children in this age
bracket should be accompanied by their parents at all times while the child is working.
(2) They are only allowed to work for a maximum of 4 hours a day, only between 6 am –
8 pm. (3) The child’s income must be set aside, primarily for his needs, and only 20% of
the said income can be used for the collective needs of the family. (4) A trust fund should
also be set up for 30% of the earnings of the child, having a salary of at least P200,000
annually. When he reaches the age of majority, he can have full control of the trust fund.
For children above 15 but below 18 years old, certification is given to them as proof that
they are permitted to work, with the conditions that they can only work 8 hours a day,
from 6 am to 10 pm.24
An interview with Mr. Miano helped us understand the process of issuing
working permits better. He said that the application of permit must be done three
working days before the shoot. One cannot apply for permit if the child has no definite
project. DOLE-NCR coordinates with the TV networks to make sure that the children
applying for permit actually has a contract with the network. He also said that the
duration of the said permit ranges from 15 days (for children shooting for commercials)
23 R.A. 9231 Bureau of Women and Young Workers, Department of Labor and Employment 24 Ibid.
21
up to a maximum of one year (for children in drama series), and they could apply for
renewal if needed.
In the case of the children in reality programs such as SCQ Kids, Starstruck, or
other singing contests, they are not required to acquire a permit, not until they are
included in the finals of that particular reality show.
In the recent evaluation of DOLE on the number of processed working child’s
permit, Mr. Miano said that in 2004, they had a total number of 1, 797 processed permits.
In 2005, it increased to 3, 537. This increase was due to the fact that even extra roles
were required to secure a work permit. In 2005, only 4 applicants were denied for the
following reasons: (1) the child will be working in a theater production “Beauty and the
Beast”, and the said production will run beyond 8 o’clock in the evening; (2) the child
applying is not studying / enrolled in any educational institution; (3) there is a
misrepresentation. The person who applied for the permit is not the real parent of the
said child; and (4) the child will be performing in a bar. Only 4 cases were denied of the
working permit, the rest were approved.
In making sure that the rules and regulations set by DOLE are being strictly
followed, representatives for the department stays in the location of the shoot to
supervise. If they found out that parents are not abiding by the said rules, they can be
fined with not less than P10, 000 but not more than P100, 000, or they will be required to
render community service for not less than 30 days but not more than one year, or both,
22
whichever the court decides. For the producers/directors found not abiding by the rules,
they will be punished by imprisonment of 6 months and 1 day up to 6 years, or fined of
not less than P50, 000 but not more than P300, 000, or both, at the discretion of the
court.25
25 Ibid.
23
SUMMARY A$D CO$CLUSIO$
With the rise of number of working children nowadays, it was necessary for the
Philippine government to come up with laws that would protect the rights of the working
child. Specifically, RA 9231 focuses on protecting the children against abuse,
exploitation, and discrimination, by specifying provisions which would help the
government regulate children’s employment.
At the start of this paper, we stated our objective, which is to find out whether the
Philippine Entertainment Industry complies with the law regarding employment of
children. After conducting extensive research, as well as conducting interviews with a
DOLE-NCR official, we can conclude that the Entertainment Industry is doing its part in
helping protect the children’s rights. With the statistics given to us by Mr. Boyet Miano,
a Labor and Employment Officer, it clearly shows that the showbiz industry is really
complying with the law.
To further illustrate the cooperation between DOLE and the Philippine
Entertainment Industry, Mr. Miano confided to us that just last week, the director /
executive producer of the hit show Pinoy Big Brother came to them to ask permission to
air a new show, Pinoy Big Brother Teens, this summer. Because teenagers still belong to
the category of ages 18 and below, and because this show needs to be aired 24/7, they are
in conflict with the provisions of RA 9231 regarding working hours. Because of this, the
24
officers of DOLE-NCR are still deliberating whether they will grant the request to air the
show or not.
We commend the action of the DOLE officials. This matter should not be
hastened. Rather, it should be deliberated with much care and analysis.
Children are important in the society. They need to be protected in order for us to
have a hope in the future. Without giving them the proper care and guidance, or by
abusing, exploiting, or discriminating them, we ruin our chances in the future for a
progressive country.
25
BIBLIOGRAPHY
Books:
Azucena, C.A. 2003. Labor Laws Source Book: The Updated Labor Code & Other Laws,
4th Edition
Bureau of Democracy, Human Rights and Labor. 1997. The Philippines Country Report
on
Human Rights Practices
Bureau of Women and Young Workers, Department of Labor and Employment. R.A. 9231 booklet
Institute of Labor Studies. 1994. Comprehensive Study on Child Labor Law Philippine Labor and Social Legislation R. del Rosario and M.A. Bonga. Child Labor in the Philippines: A Review of Selected
Studies
and Policy Papers
Internet Sources: January 30, 2006 www.minorcon.org
http://www.minorcon.org/legisstatus.html http://www.minorcon.org/newcoogan.html http://www.minorcon.org/outsidethelaw.html
February 4, 2006 http://www.goldensilents.com
http://www.tribute.ca/bio.asp?id=1303
February 9, 2006
http://www.bwyw.dole.gov.ph/New%20TV%20plug%20on%20Child%20Labor%20launched.htm
Other Sources:
Survey: Asia Research Organization, Inc. Year 2005, July 2005