COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS EXAMINES REPORT OF THE PHILIPPINES

The Committee on Economic, Social and Cultural Rights has considered the combined second to fourth periodic reports of the Philippines on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Erlinda F. Basilio, Permanent Representative of the Philippines to the United Nations Office at Geneva, in her opening statement, said that the Philippines was a multi-ethnic, multi-cultural, multi-linguistic and multi-faith country. The great majority of the population belonged to indigenous groups. Attaining the goal of social progress and better standards of life posed serious challenges for a developing country like the Philippines. Despite this many achievements had been realized. Development efforts faced major challenges in the Philippines, including natural disasters and calamities brought about by volcanic eruptions, earthquakes, typhoons and other extreme conditions. Despite the challenges faced by the two active insurgencies – leftist rebels and Muslim separatists, the Government remained focused on its goal of providing a better standard of life for its people.

Among issues raised by the Committee Experts were questions regarding the National Commission on Human Rights; the implementation of the Covenant; integration policies for internally displaced persons; legalization of marriage for girls below the age of 18 and polygamy; anti-corruption strategies; the role economic, social and cultural development took in the 2004-2010 Medium-Term Philippine Development Plan; the Mineral Action Plan aimed at streamlining Government grants for mining projects, and the ratification of International Labour Organization Convention 169; Filipinos working abroad; social security for workers in the informal sector; bilateral agreements with countries where Filipinos worked; the rate of investment in the Philippines; and on the difficult conditions placed on the right to strike.

In her concluding remarks, Ms. Basilio said the dialogue with the Committee was thorough and extremely fruitful. Areas that needed to be addressed were identified and it was clear that there was room for improvement. The Government was committed to fulfilling these aims and looked forward to the Committee’s concluding observations which were to be used as a guide in the coming national consultations.

Philippe Texier, Chairman of the Committee, in conclusion said that the Philippines had shown a great interest in the implementation of the Covenant. This was illustrated through the very large delegation present and the presence of civil society, which was very well represented, and whose representatives voiced their views and provided additional information.

The delegation of the Philippines included representatives from the Permanent Mission of the Philippines to the United Nations Office at Geneva, the Presidential Human Rights Committee, the Department of Foreign Affairs, the Department of Social Welfare and Development, the Department of Justice, the National Economic Development Authority, the National Commission on the Role of Filipino Women, the National Commission on Indigenous People, Department of Interior and Local Government, and the Department of Labour and Employment.


The concluding observations and recommendations of the Committee on the report of the Philippines will be issued towards the end of the session, which concludes on Friday, 21 November.

When the Committee meets at 3 p.m. this afternoon, it will begin its consideration of the combined initial to third periodic report of Angola (E/C.12/ANG/3).

Report of the Philippines

The combined second to fourth periodic reports of the Philippines (E/C.12/PHL/4), presented in one document, notes that there are 110 ethno-linguistic groups in the country, which speak at least 70 recorded languages. As of 2005, the population of the Philippines was estimated at 88.5 million, and projected to reach 102.8 million by 2015. The country’s real Gross National Product from 2001 to 2004 expanded at an average of 5.05 per cent, while real Gross Domestic Product grew by an average of 4.52 per cent, which was within the target set during the same period. The services sector has been the engine of growth which expanded at an average rate of 5.62 per cent over the said period. The agriculture sector also grew at an average of 4.05 per cent over the period 2001-2004. Despite the growth in some sectors of the economy, unemployment remained high at 10.9 per cent in October 2004 notwithstanding the 3.2 million jobs generated from 2001 to 2004. From January to July 2004, the average unemployment rate was 12 per cent. The latest Labour Force Survey, conducted from October 2003 to October 2004, revealed that approximately 2.116 million or 9.1 per cent of the total 25.210 million children 5 to 17 years old were working.

Fundamental human rights are an integral part of the Philippine Constitution. Under the Philippine Rules of Court, a person who has been unlawfully detained or deprived in any other manner of his liberty may file before any Regional Trial Court or the Court of Appeals or directly with the Supreme Court, a petition for the issuance of a writ of habeas corpus to obtain his temporary release. The Philippines Commission on Human Rights established protective legal measures to safeguard the rights of Filipinos according to the principles guaranteed by the Philippine Constitution and international treaty obligations. It deals directly with any particular type of human rights violation, primarily those involving civil and political rights. The Office of the Ombudsman is another independent office dealing with human rights enforcement. The main function of this Office is to prevent abuse of power by government officials which adversely affects private rights. The 2004-2010 Medium-Term Philippine Development Plan adopted a framework for supporting employment generation with the following elements: adopt the philosophy of free enterprise; focus on high-value jobs; microeconomic strategic measures; improve productivity; and attract investments.

Presentation of the Report

ERLINDA F. BASILIO, Permanent Representative of the Philippines to the United Nations Office at Geneva, in her opening statement, said that the Government of the Philippines attached great importance to the promotion and protection of economic, social and cultural rights and to the work of the Committee. As a founding member of the United Nations, the Philippines had played an active role in the drafting of the United Nations Charter and the Universal Declaration of Human Rights. In fact, the Philippines had been instrumental in having the phrase “self-determination of peoples” included as one of the main aims of the United Nations.

Sixty years ago as a member of the very first UN Commission on Human Rights, the Philippines had been among the small group of countries headed by the renowned Eleanor Roosevelt that had tested the limits of international commitment to the cause of human rights by framing a set of common standards for nations and peoples to live by and that would become the Universal Declaration of Human Rights, underscored Ms. Basilio.

Since then, the Philippines had signed and ratified all eight of the core human rights instruments, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of Racial Discrimination, the Convention on the Elimination of Discrimination Against Women, the Convention on the Rights of the Child, the Convention Against Torture, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and the Convention on the Rights of Persons with Disabilities. The Philippines was also a State party to other relevant international instruments including the Convention on the Prevention and Punishment of the Crime of Genocide, the Convention relating to the Status of Refugees, the four Geneva Conventions of 1949, the International Labour Organization Fundamental Conventions No. 29, 87, 98, 100, 105, 111, 138, and 182 and the UNESCO Convention against Discrimination in Education, noted Ms. Basilio.

The Philippines was a multi-ethnic, multi-cultural, multi-linguistic and multi-faith country. The great majority of the population belonged to indigenous groups. While the vast majority of indigenous groups in the Philippines had adopted modern lifestyles, some small indigenous groups chose to maintain their traditional way of life. In recognition of this fact, and as affirmative action to promote and protect human rights of small indigenous groups in a fast changing world, the Philippines had enacted the 1997 Indigenous Peoples Rights Act that sought to recognize the ancestral domains and lands of small indigenous groups, preserved their distinct cultural identity and promoted and protected their human rights, including their means of livelihood, underscored Ms. Basilio. Since then a total of 71 certificates of ancestral domains benefiting 333,848 indigenous peoples and 180 certificates of ancestral lands benefiting 2,947 individual members of indigenous groups had been issued.

Attaining the goal of social progress and better standards of life posed serious challenges for a developing country like the Philippines, said Ms. Basilio. Despite this many achievements had been realized. The Philippines ranked 90 out of 177 countries covered by the Human Development Report and fell under the Medium Human Development category. Within this category the Philippine was in the upper range with the Human Development Index Value of 0.771. This was equal to the Human Development Index for East Asia and the Pacific and better than the Human Development Index for developing countries, which was only 0.691, and the world, which was only 0.743.

The Philippines ranked 77 out of 177 countries in terms of the Gender-related Development Index. Females in the Philippines enjoyed higher life expectancy, adult literacy and gross enrolment ratio than their male counterparts. In terms of the Gender Empowerment Measure, the Philippines ranked 45 out of 177 countries. There were more female professionals and technical workers, 61 per cent of the total, compared to males in those fields. In addition, the numbers of female legislators, senior officials and managers were higher than that of males, totalling 58 per cent, said Ms. Basilio. The area where females were at a disadvantage was in terms of estimated earned income, where more work needed to be done.

In terms of gender equality and women’s empowerment, the Philippines had made laudable progress. It was ranked sixth in the World Economic Forum’s gender parity index 2007 – the only developing country in the top ten. According to the World Economic Forum’s report, the Philippines was the only country in Asia to close the gender gap in both education and health. In the survey’s sub-indices, the Philippines ranked first in education attainment and health and survival of women, and second in economic participation and opportunity, said Ms. Basilio.

Development efforts faced major challenges in the Philippines, including natural disasters and calamities brought about by volcanic eruptions, earthquakes, typhoons and other extreme conditions, said Ms. Basilio. The Philippines was situated in the Pacific Ring of Fire and was prone to volcanic eruptions and earthquakes that caused untold devastation as shown during the Mt. Pinatubo eruption. In addition, on average it was visited by at least 12 typhoons annually. Poverty remained a serious challenge with 36 per cent of the population living below the poverty line. Infant mortality rates in the Philippines per 1,000 live births was 25; adult literacy for people aged 15 and above was 92.6 per cent; combined gross enrolment in education for men and women was 81.1 per cent; the percentage of one-year-olds fully immunized against Tuberculosis was 91 per cent; and the percentage of the population using improved sanitation was 72 per cent. Between 1990-1992 and 2002-2004, the Philippines reduced the incidence of under nourishment among the population from 26 to 17 per cent.

Despite the challenges faced by the two active insurgencies – leftist rebels and Muslim separatists, the Government remained focused on its goal of providing a better standard of life for its people, stressed Ms. Basilio. Military spending was below 1 per cent of the Gross Domestic Product, compared with education at 2.7 per cent and health at 1.4 per cent. Much remained to be done in every aspect of the promotion and protection of human rights of the Filipino people, and the Government of the Philippines had committed its full efforts to this end.


Questions by Committee Members

Experts recalled that under the Paris Principles National Human Rights Institutions were to be set up with clearly outlined powers. Did the Human Rights Commission in the Philippines enjoy sufficient powers to implement economic, social and cultural rights? What Government policies had been taken to implement the International Covenant on Economic, Social and Cultural Rights and what additional powers had been given to the National Human Rights Commission to implement economic, social and cultural rights?

An Expert asked what specific measures had been taken by the State to integrate displaced persons in the Philippines. These people needed to be provided with housing, education and psychological assistance.

What was the system for giving concessions with regard to indigenous people’s rights over ancestral territory in cases involving mining projects, asked one Expert. Had there been investigations in cases involving extrajudicial executions and disappearances?

On the Universal Periodic Review, one Expert asked what was the Philippines assessment of the process? It was noted that national benchmarks were of more interest to the Committee than world benchmarks. In addition, the data presented in the report was seriously outdated, going back to 1995. What were some recent statistics? The Government under the privy of Islam legalized marriage for girls below the age of 18 and polygamy, which was not a modern interpretation of Islam. In this regard was the Government considering adopting a modern conception of Islam?

Questions by Experts also related to the estimated loss of $ 40 billion due to corruption in the country, and what anti-corruption strategies were planned or in place; budget allocations to debt servicing rather than social services; the role economic, social and cultural development took in the 2004-2010 Medium-Term Philippine Development Plan; and on how mining was being pushed as the main development strategy, which hindered the rights of indigenous communities.

Concerns raised by Experts included the Mineral Action Plan aimed at streamlining Government grants for mining projects, which resulted in the speeding up of grants for mining projects and left little time if any for consultations with the indigenous peoples affected; the freedom of the judiciary from political corruption; and the ratification of International Labour Organization Convention 169.

Answers by the Delegation

In response to the questions raised, the delegation said that under the Constitution of the Philippines, international law was directly applicable and therefore the Covenant was also directly applicable.

Concerning forced disappearances and extrajudicial killings, the delegation said that the Government led detailed investigations of the cases of alleged extrajudicial killings. Only 14 percent of the cases were found to be probable extrajudicial cases, of those 80 percent were either misreported or nonexistent, which included 6 cases where the persons were found alive. With respect to 135 cases of forced disappearances, 69 per cent of the cases involving alleged victims were actually in detention for previous violations of the law, and 12 per cent were found to be dead. Moreover, 81 per cent of all cases of alleged victims did not actually disappear. An example of proactive measures taken by the Government of the Philippines to combat forced disappearances and extrajudicial killings was the creation of Task Force 211. The Task Force had arrested a number of persons within the military and the judiciary for extrajudicial killings, who were now undergoing trial hearings.

The Government of the Philippines took a rights-based approach to the protection and promotion of human rights, said the delegation. The National Human Rights Commission played an integral role in this regard. Some functions of the Commission included, among others: the right to investigate violations of civil and political rights; providing adequate legal measures for victims; providing legal aid services for underprivileged groups; exercising rights over detention facilities; enhancement and protection of privacy for victims; compensation for victims and their families; and granting immunity from prosecution in cases. Since the inception of the Commission of Human Rights, civil and political rights were guaranteed, however, new developments had taken place since then to include the protection of the economic, social and cultural rights of individuals, and the inclusion of all rights outlined in the provisions of international human rights instruments to which the Philippines was party to.

The National Human Rights Commission aimed to regularize the monitoring of cases and complaints through a rights-based approach and networking with concerned agencies; presenting an expanded monitoring procedure to the Commission that should not only update and present the progress of cases and complaints, but capacitate the Commission in initiating, recommending and developing the adoption of rights-based approach measures, in cooperation and collaboration with the judicial and quasi-judicial agencies, in improving the administration of justice; to establish a distinct relationship with the courts for the enforcement of Commission decisions by the courts through appropriate cooperation and collaboration; and to maintain a suitable documentation of cases and complaints being monitored to effectively carry-out its complementary role to the power enjoyed by the courts, especially in delivering rights-based resolution of cases.

On the independence of the Commission on Human Rights, the delegation said that they had a separate budget, and it was a matter between the Commission and Congress. In addition, $ 25 million had been allocated to the Commission to handle cases involving extrajudicial killings.

On internally displaced persons, the delegation said that assistance packages prepared in coordination with the National Disaster Coordinating Council had been distributed. Safe spaces and locations had been identified for internally displaced persons to return to for reintegration to start. In addition, among other things, emergency shelters, food and agricultural support in the form of seeds and small plants had been distributed to internally displaced persons who had resettled in those safe spaces. Moreover, the National Disaster Coordinating Council had adopted the United Nations cluster approach to disasters.

After the adoption of the 1995 Mining Act, the mining industry experienced slow investments coming into the country. As this developed, a National Policy Action Plan was crafted which prompted the National Policy Agenda on Revitalizing the Mining Industry in the Philippines to boost investments in the industry. In 2004 a presidential decree established that all agricultural extraction projects must be carried out keeping in mind respect and preservation of the environment. The delegation said that all parties involved, including the indigenous communities, shared equally in the advantages of such projects. It was also stressed that indigenous groups were granted rights to be consulted and take part in the decision making process, and for any project to move forward they had to be in full acceptance of the terms and conditions of the project.

With respect to International Labour Organization Convention no.169, the delegation said that the Convention needed to be updated to more realistic terms before the Philippines ratified it.

Efforts in Congress had been made to amend the legislation in the context of Islam with regard to early marriage and polygamy, among other things, said the delegation. It was now the aim of the Government of Philippines to develop constituencies for Muslim communities to discuss gender issues in the context of Islam. Additionally efforts taken also included the commencement of a dialogue on discrimination and gender equality with Islamic religious figures in the communities who were encouraged to discuss these issues during their Friday serums. Twenty-eight Imams, men and women, and Muftis were brought together to discuss issues covering marriage, polygamy, property rights and decision making.

Corruption was universally condemned in the Philippines, said the delegation. The Government aimed to address this problem in the Medium Term Development Plan 2010 which used a multi prong approach. The plan included, among other things, punitive and enforcement measures; development of programmes to facilitate public participation; strengthening of accountability reforms; and the promotion of zero-tolerance reforms. The Integrity Development Action Plan which was an output of a Presidential Anti-Corruption Workshop held in December 2004 was adopted as the national anti-corruption framework of the Executive Branch. The Integrity Development Action Plan was composed of 22 specific anti-corruption measures clustered into strategies of prevention, education, investigation and enforcement and strategic partnership. To implement the plan, agencies were required to adopt several procedures which included the creation of Integrity Development Action Plan Committees; preparation of Integrity Development Action Plans; preparation of Integrity Development Action Plan Work Programmes; regular monitoring and assessment of implementation; and preparation of Integrity Development Action Plan Accomplishment Reports for submission to the Presidential Anti-Graft Commission. Additionally the Government received a $ 300,000 loan from the World Bank for auditing purposes, which was completed in June 2004.

Contraceptive and elementary enrolment rates were an ongoing challenge in the Philippines, said the delegation.

On poverty reduction and fiscal deficits, the delegation said that the fiscal deficit emerged as the major macroeconomic problem. The consolidated public sector deficit was 5.52 per cent of Gross Domestic Product while the Government deficit surged to 3.8 per cent of Gross Domestic Product in 2004. Consequently, the rising deficit pushed the public sector debt to 101 per cent of Gross Domestic Product by 2003. The Government provided social services in the areas of health, nutrition, education, housing, safe water supply and sanitation. Basic services for children were a special concern. The Government was taking definitive steps to address human development concerns in an integrated manner, through the formulation of a social development framework which guided the planning and programming of human development-related activities. Starting in 1986, the Government focused on poverty alleviation as a goal of national development efforts. In 1988, poverty incidence among Filipinos was 45.5 per cent, 3.8 percentage points lower than it was in 1985. As of 2003, poverty incidence had gone down to 30.4 per cent. Moreover, the Presidential Commission for the Urban Poor 1986, the Presidential Commission to Fight Poverty 1993, and the National Anti-Poverty Commission 2000 were established by the Government as agencies to engage in poverty alleviation and people empowerment.

On the Universal Periodic Review, the delegation said that the Government sent a high level delegation to participate in the process. The intention of the review was to assist all countries in the assessment of human rights in their countries. The Government of the Philippines considered a number of recommendations made, and in fact accepted a large number of them.

Measures were being taken to ensure that the judiciary was free from corruption, keeping in mind that the judiciary was an independent branch of the Government, said the delegation. There were no guarantees that it was completely free from corruption. All branches of the Government took steps to curb corruption. The New Code of Conduct for the Philippine regulated conduct both inside and outside the confines of the judiciary.

LEILA M. DE LIMA, President of the National Human Rights Commission of the Philippines, said that the National Human Rights Commission’s powers had been curtailed by jurisprudence in 1995, where the Supreme Court clarified that the Commission’s mandate would cover cases involving civil and political rights. The 1987 Constitution was an offshoot of the dictatorial regime, which focused on those rights. The resolution of the first Human Rights Commission had investigative and monitoring powers in regard to conditions and activities operating in the country that were in violation of both political and civil rights as well as economic, social and cultural rights. The Commission was also responsible for monitoring the Government’s work on the application of international human rights instruments. With regard to fiscal autonomy, in 2004 and 2006 two Supreme Court rulings declared that while the Commission was considered a constitutional office and enjoyed fiscal autonomy it was not the same as other constitutional commissions which included: the Elections, Audit and Civil Service Commissions. The Supreme Court and the Ombudsman were the offices that enjoyed true fiscal autonomy. The Human Rights Commission only enjoyed limited fiscal autonomy, which meant it was entitled to the automatic release of funds approved by parliament. She requested specific details as to why there was a perception that the Commission was not autonomous, and requested that the Commission be examined based on its work.

The Urban Development Housing Act mandated housing policies in the Philippines, said Ms. De Lima. Forced evictions and demolitions posed a serious concern and the Commission was focused on improving this problem, and requested that a moratorium be imposed until proper guidelines were adopted. The Commission advised the Government to finalize the invitation for the Special Rapporteur on housing rights to closely look at the violations on housing rights, and called for amendments to law on housing, specifically with regard to informal settlers, who were regarded as nuisances. On deportees and migrant workers, she said based on reports from the regional office, complaints were received about the subhuman conditions in the Saba region. Complaints also registered physical beatings and ill-treatment. The Commission deployed a special mission to verify the reports of ill-treatment of deportees in the Saba region.

The Commission’s main goal to date, underscored Ms. De Lima, was the push for the adoption of a National Commission on Human Rights Charter, which clarified expanded powers either prosecutorial or quasi-judicial powers, for engagement in combating violations of economic, social and cultural rights.

Further Questions by the Committee Members

One Expert underscored that the high unemployed and underemployment rates were aggravated by trade policies since the Philippines joined the World Trade Organization. The numbers of overseas workers had increased, especially for women who found work in domestic labour, and the conditions in many cases were not favourable. What was the latest on current or planned bilateral agreements? Many workers in the Philippines had very short work contracts, which led many workers to remain in the informal employment sector. In 2006, 45 per cent of workers comprised the informal employment sector. What was being done to address this staggering problem in the Philippines? The public social security system had improved, which only covered workers in the formal sectors. What was the position of the Government on social security for workers in the informal sector? Additionally was the Government planning to step up measures on unemployment, family and maternity leave policies.

The Department of Labour and Employment entered into an agreement in March 2006 with trade unions to settle labour disputes. One Expert asked what progress was achieved as a result of the agreement. Did all young and unskilled workers benefit from vocational and occupational training programmes without discrimination?

The economic model was a liberal model. Remittances were received from Filipinos working abroad.

The difficulties experienced and progress made by the Philippines had been welcomed by Experts. However, these changes also gave rise to social inequality and increased poverty, over 9 million Filipinos working abroad, and job cuts as a result of industrialized agriculture, among others. On the whole social expenditure decreased, despite some spending, said one Expert. What measures had been taken by the Government on social security, bilateral agreements with Israel and Saudi Arabia, and return policies for immigrants seeking to return to their country?

The rate of investment in the Philippines was less than 15 per cent in 2007, twice less than in neighbouring countries, noted one Expert. What was the reason for such low investment rates, which was directly correlated to, among other things, low economic growth and therefore decreased employment opportunities? What proportion of the population was covered by old age benefits?

Committee Experts asked for further information on measures provided for by the State to counter infractions of trade union rights, and the murder of trade union leaders; and on the difficult conditions placed on the right to strike, which was also not in accordance with the International Labour Organization standards on the right to strike.

Answers by the Delegation

The delegation said that efforts had been made on social protection measures which were defined through labour market programmes, social welfare and social safety nets. Domestic workers were regarded by the Government as vulnerable workers and therefore there was a bill pending in Congress which protected the rights of domestic workers.

On bilateral agreements affecting employment and displacement, the delegation said that the Government had entered in a number of such agreements already, and was in the process of concluding agreements with a number of countries, including Qatar and Saudi Arabia. The Philippines set up a complete migration management system, whereby the citizens were protected prior to hiring and after deployment and included a system in which workers were reintegrated back into their country of origin. Regarding the use of contractual workers, if an entity was registered with the Department of Labour, and met all the requirements stipulated, they were allowed to obtain contractual workers; however, the mere supply of labour was considered illegal in the Philippines.


Regarding the setting of minimum wage, the delegation said wages were set through national and regional wage boards, in which all relevant parties were represented.

Concerning the training of unskilled workers and young people, the delegation said that in the Philippines technical education programmes were implemented already offering out of school youths the opportunity to gain competence in various skill sets, where upon completion they received a diploma that was equivalent to a high school diploma.

The three main social insurance schemes in the Philippines operated as saving mechanisms for retirement, social security and deaths, said the delegation. Social security was also recently expanded to workers in the informal sector.

On increasing employment opportunities, the delegation said that the 10 Point Legacy of the Royal Administration programme was the main measure taken by the Government to address employment. The plan aimed to increase employment opportunities from 6 to 10 million new jobs during the 10-year term of the President. The programme was launched in June 2004 and since then, up to June 2008, 9.78 million new jobs had been created.

On the rational of the labour law, the delegation said that the 60-day waiting period before calling a strike was intended to act as a `cooling period ’, in which the national conciliation and mediation board was able to mediate matters to avoid a strike. The success of the mediation was almost 90 per cent in all cases.

Cases involving crimes against members of syndicates was a priority of the Government of the Philippines, said the delegation. The vigorous prosecution of such cases hoped to send the message to others that crimes of this nature were taken very seriously in the Philippines.

Questions by the Committee Experts

Committee Experts raised questions relating to the `forgiveness clause’ in the Penal Code; corporal punishment; the 4 million children working between the ages of 5-17 years; the sexual exploitation of children; violence against women; effects of the global financial crisis on the Philippines; the regulation of river water and access to clean water; on how much privately owned land had been redistributed; was adultery a crime under the Penal Code, considering that divorce was illegal in the Philippines; improvement of Government expenditure on education; the right to intellectual property for indigenous people; and the recognition of collective and individual rights of indigenous people.

One Expert asked what steps had been taken by the Government to ensure that free trade, import, and liberalization policies did not undermine small farmers’ ability to earn a decent standard of living for themselves and their families? Housing was a major area of concern, with only 0.5 of Gross Domestic Product being allocated to housing, where 0.9 per cent was being allocated to military spending. With 30 per cent of the population living in informal settlements, only 20 per cent of the current housing budget was allocated to social housing.

There was no minimum guarantee on access to reproductive health services and education, said one Expert. This contributed to the high rate of maternal mortality and backstreet abortions. What happened in cases of divorce with respect to personal effects? What rights were granted to children in such cases? What regulations were in place for common law partnerships? It was evident that there was a serious need for preventative legislation. How many cases of trafficking in persons had been brought before the courts? What were some of the destination countries for the trafficked women and children? Was there a difference in treatment vis-à-vis Islam, with regard to women and children?

Committee Experts also raised concerns on the right to food; natural disaster prevention measures; child labour; and the consideration of adopting legislation to make divorce legal.

Answers by the Delegation

On employment and labour, the delegation of the Philippines said that there were 16 regional employment inspection offices throughout the country, which employed 208 work inspectors. In 2007, 24,000 companies had been inspected. In the first quarter of 2008, 13,000 companies had been inspected. Inspections took place either through scheduled routine inspections or through specific requests. If an inspector found there had been a violation of law, he/she notified the owner of the company who was given five days to modify practices. If no action was taken, the regional director of the employment inspection office was mandated to force the owner of the said company to conform to the law.

In response to these questions and others, the delegation of the Philippines said that a child was able to be employed with the permission of their parents. Parents were given leeway to have their children employed, and it was not against public policy. For example if a mother was employed as a domestic worker, and her child lived with her in her employers’ home, she was allowed to ask her child to help with tasks at her discretion.

On the impact of trade liberalization on migrant workers and their remittances, the delegation said that the aging population around the world gave rise to the increase in demand of Filipino nurses and care givers. The official target for remittance was 10 per cent growth for 2008; thus far growth was 18 per cent, well over the set target. The Philippines remained secure in terms of its overseas workers and remittances.

Poverty in the Philippines was high, said the delegation, as of 2006 the poverty threshold was 32.9 per cent. Due to the increasing rate of poverty experienced between 2003-2006, the Government embarked on a programme that addressed social and economic measures that invested back to people in the areas of health, education, housing and hunger mitigation. The programme addressed both the supply and demand side of poverty. It also included intervention measures to manage population growth.

The delegation said concerns were raised by the Committee with regard to housing and forced evictions. The Government agreed that there was a problem with inter-agency coordination in this regard. As a result investigations had been launched into alleged violations on housing and evictions. The Presidential Committee for the Urban Poor had established a working group which included the participation of the National Commission on Human Rights to launch investigations in cases involving demolitions. It was indeed a fact that there were incidents of violations, and these violations needed to be addressed and acted on appropriately. In terms of devolution in local municipalities, the Government also aimed at creating local housing boards in each local municipality to ensure equal and appropriate allocation of housing needs.

The underemployment rate in the Philippines for 2008 was 21 per cent and unemployment was 8 per cent, said the delegation. A total of 3.3 million families had experienced hunger within the third quarter of 2008, and the Government had launched an accelerated hunger programme that dealt took into account food demand and population growth. With respect to high food prices, the Government had initiated measures aimed at increasing accessibility for poor households to rice, and had placed regulations over hording of rice, among other things.

On access to clean water, the delegation said that the Government prioritized access to clean water to 2,000 waterless villages and 2,000 waterless municipalities. However, access to clean water was not just reliant on supply, but management of the water was of equal concern. The Government had placed stipulations to the granting water supplies, which included that these municipalities and villages were required to have adequate water management systems to deal with waste water.

With regard to the special law on rape, the delegation said that women’s groups lobbied for the Anti Rape Law of 1997 to be reformed. The new law now allowed for anyone knowing of an incident of rape to be able to file a complaint, and the definition was expanded to include rape as the use of any object into any orpheus of the body, among other things.

On the concerns raised about the lagging efforts on cases involving trafficking in persons, the delegation said that the Interagency Committee for Trafficking in Persons had set a strategic plan which covered measures on prevention, prosecution and recovery. In addition a number of non governmental organizations had established good practices in addressing preventative measures and the demand side of trafficking in persons. Penalties imposed for perpetrators of trafficking in persons and domestic violence included, among other things: imprisonment, community service, counselling and rehabilitation. In addition, the Law Enforcement and Prosecution manual provided step-by-step guidance for the prosecution of trafficking cases. Another important measure was a task force against trafficking, which was composed of members of the national bureau of investigations and the police, who had been posted at the airport in Manila. Statistics showed that the majority of cases involving trafficking in persons came from the Middle East and Malaysia.

On persons with disabilities, the delegation said that the Government supported private sector initiatives that created employment opportunities for persons with disabilities. The increasing information technology companies in the country provided a large number of employment opportunities for persons with disabilities. The National Council for Disability Affairs was the focal point for all matters concerning persons with disabilities. Its programmes strengthened institutional capacity and the skills of persons with disabilities to be integrated into the community.

The elderly community was one main priority of the Government of the Philippines. Grievances of the elderly community in the Philippines were handled and monitored by the National Monitoring Board. This ensured that elderly persons received all benefits provided for them by law, said the delegation. Congress was also currently pending a bill that outlined pension benefits for older persons.

On the rights of indigenous peoples, the Indigenous Peoples Rights Act protected both the collective and individual rights of indigenous peoples, said the delegation. This included the protection of their customs, institutions and ancestral lands. The rights were categorized into four collective rights, which included: the right to ancestral domains (providing security of tenure and use of lands and territorial integrity of their ancestral domains), the right to self governance and empowerment, the right to social justice and human rights, and the right to cultural integrity (the protection of indigenous cultures and systems, education, knowledge of systems and practices). This act was being slowly realized by the Government. The National Commission on Indigenous Peoples aimed to certify 67 per cent of ancestral domain areas in the country by the end of 2008.

Questions by Committee Members

One Expert asked if divorce was viewed as a right in the same way that marriage was viewed as a right. Since the Government had set up a National Commission on High Education for 2001-2010, the plan had been well under way, said one Expert. What had been achieved in the last eight years? The quality of basic education had been deteriorating exponentially, noted Experts. What steps had been taken to ensure that elementary education was compulsory? Was there a connection between drop-out rates and child labour?

Committee Experts also raised concerns related to parents being given leeway to put their children to work; and the cost gap between private and public education establishments.

Answers by the Delegation

The delegation said that the Department of Education received the largest bulk of all appropriations. Seventy-six per cent of the educational budget was allocated to personnel services, ensuring an increase in the quality of skills of teachers, and an increase of salaries. The infrastructural components including, among other things, the building of classrooms, relied on the budgets of other departments and agencies. The drop rate deceased from 2.5 per cent in 2005 to 1.7 per cent in 2007. The Government provided scholarship and loan incentives to encourage students to complete higher education. Scholarships and loans were allocated to help a total of 62,000 students nationwide. Of those, 8,000 students were granted scholarships for their completion of a 4-5 year bachelor degree.


Concluding Statements

In her concluding remarks, ERLINDA F. BASILIO, Ambassador and Permanent Representative of the Philippines to the United Nations Office at Geneva, thanked the Committee for their interest. The dialogue with the Committee was thorough and extremely fruitful. She appreciated the open and candidate manner in which the discussion took place. Areas that needed to be addressed were identified and it was clear that there was room for improvement. The Government was committed to fulfilling these aims and looked forward to the Committee’s concluding observations which were to be used as a guide in the coming national consultations. The participation of civil society in this process had been taken into serious consideration. The Government aimed to see all Filipinos enjoying all the rights under the International Covenant on Economic, Social and Cultural Rights.

PHILIPPE TEXIER, Chairman of the Committee, in conclusion said that the Philippines had shown a great interest in the implementation of the Covenant. This was illustrated through the very large delegation present and the presence of civil society, which was very well represented and whose representatives voiced their views and provided additional information. Additionally, the National Commission for Human Rights was also present and expressed its views which provided a convergence of views. The Committee hoped to see the Philippines back soon.

For use of the information media; not an official record


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