E/C.12/PHL/4
Page 4
NATIONS / E
/ Economic and Social
Council / Distr.
GENERAL
E/C.12/PHL/4
15 August 2007
Original: ENGLISH
Substantive session of 2007
IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Periodic reports submitted by States parties
under articles 16 and 17 of the Covenant
Combined second, third and fourth periodic reports of
THE PHILIPPINES[*] [**]
[14 December 2006]
CONTENTS
Paragraphs Page
Introduction……………………………………………………….. 1 - 4 3
I. GENERAL INFORMATION ……………………………… 5 – 53 3
A. Land and the people……………………………….………… 5 – 10 3
B. General political structure…………………….……….…….11 – 17 5
C. Social and economic conditions………..………………….. 18 – 28 5
D. General legal framework within which …..………………. 29 – 48 5
human rights are protected
E. Information and publicity………………………………..…. 49 – 53 9
II. INFORMATION ON THE IMPLEMENTATION ……… 54 – 1041 10
OF THE COVENANT
A. Article 1……………………. 54 – 57 10
B. Article 2 …….…….. 58 - 59 10
C. Article 3…………….. 60 - 75 10
D. Article 4 …………….. 76 10
E. Articles 5 and 6 ……………………………….77 –187 12
F. Article 7 ……….188 - 249 26
G. Article 8 …….……….250 - 311 34
H. Article 9…………………… 312- 402 41
I. Article 10 ………….……403 – 491 52
J. Article 11 ………..……492 – 696 63
K. Article 12………………………………..… 697 – 852 91
L. Article 13 …………………………..… 853 - 957 108
M. Article 15 …………….. 958 –1041 122
Annexes
List of acronyms…………………………………………………………………
Introduction
1. This initial report on the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) was prepared in accordance with the general guidelines adopted by the former Commission on Human Rights, now the Human Rights Council, regarding the submission of initial implementation reports. In observance of the previous three-phase reporting cycle instituted by the Economic and Social Council according to which States Parties were required to report, at three-year intervals, on different clusters of rights, the Philippines has submitted the following ICESCR implementation reports:
(a) HRI/CORE/1/Add.37 (2 Feb. 1994);
(b) Initial (arts. 6-9): E/1978/8/Add.4 (28 Dec. 1977);
(c) 2nd (arts. 6-9): E/1984/7/Add.4 (1 Feb. 1984);
(d) Initial (arts. 13-15): E/1988/5/Add.2 (21 June 1988);
(e) Additional (arts. 13-15): E/1989/5/Add.7 (28 Feb. 1992);
(f) Initial (arts. 10-12): E/1986/3/Add.17 (15 Sept. 1994).
2. This report consists of two parts. The first part provides information on the current situation in the Philippines. The second part provides specific information relating to the implementation of the provisions of the Covenant.
3. This report gives background information on laws, policies, programmes and recent developments pertinent to the rights enumerated in the Covenant, the difficulties and problems arising from their implementation, and the prospects for the future.
4. The report was prepared by the Coordinating Committee on Human Rights (CCHR), which was established through Administrative Order No. 370 dated 10 December 1997. The CCHR is chaired by the Department of Foreign Affairs (DFA) and has 15 government departments and agencies as members.
I. GENERAL INFORMATION
A. The land and the people
5. The Philippines is an archipelago located 966 kilometres off the south-eastern coast of mainland Asia. It is composed of 7,107 islands with three major island groups: Luzon, with an area of 141,395 square kilometres; Visayas, with an area of 56,606 square kilometres.; and Mindanao, with an area of 101,999 square kilometres. Of the total land area, 92.3 per cent is found within the 11 largest islands. It has a land area of approximately 300,000 square kilometres. It is divided into 15 administrative regions with 76 provinces, 60 cities, 1,543 municipalities and 41,911 barangays (villages).
6. The Filipino is of Malay racial stock. The indigenous culture is a mixture of Malay, Chinese, Japanese, Arabic, Spanish and American influence.
7. There are 110 ethno-linguistic groups in the country, which speak at least 70 recorded languages. There are eight major languages, with Filipino as the national language and Filipino and English as the official working languages.
8. Eighty-five per cent of Filipinos are Christians, the majority of whom are Roman Catholics. A little over 10 per cent of the population are followers of Islam and the rest belong to other denominations or sects.
9. As of 2005, the population of the Philippines was estimated at 88.5 million. Growing annually at 2.11 per cent, the population is projected to reach 102.8 million by 2015.
10. Population density is 246 persons per square kilometre and about half of the population is concentrated in urban centres all over the country. This is a result of the rapid urbanization caused mainly by the rural to urban migration.
B. General political structure
11. The Republic of the Philippines is a democratic and republican State with a presidential form of government.
12. Executive power is exercised by the President of the Philippines with the assistance of his Cabinet. The President is both the head of State and of the Government. The Vice-President assists the President in the performance of his duties and responsibilities and may also be appointed as the head of one of the executive departments.
13. Legislative power is vested in the Congress of the Philippines, consisting of the Senate and the House of Representatives. The Senate is composed of 24 senators elected at large for a term of six years. The House of Representatives is composed of members elected from legislative districts and through a party-list system.
14. Judicial power is vested in the Supreme Court and lower courts. The decisions of the Supreme Court are binding on all lower tribunals. The other courts under the Supreme Court are: the Court of Appeals, composed of 51 Justices with one Presiding Justice; Regional Trial Courts; the Municipal Circuit Trial Courts; and the Municipal Trial Courts established in every city not forming part of the metropolitan area.
15. The democratic structure and processes are further enhanced by the constitutional provisions on social justice and human rights, protection of labour, women and children and the strengthening of local autonomy of the local government units (LGUs). The Local Government Code of 1991 devolves the responsibility and budget for the delivery of basic services in agriculture, health, social welfare and development, public works, environment and natural resources to the LGUs.
16. At sub-national levels, governance is assumed by the local LGUs in each administrative area, i.e. province, city, municipality and barangay. Each local government office is composed of both elective and appointive officials. The elective officials include the head and vice-head in each administrative area, i.e. governor and vice-governor for the province, mayor and vice-mayor for the city and municipality, and chairman for the barangay; and as members of the councils, i.e. Sangguniang Panlalawigan (Provincial Council), Sangguniang Panlunsod (City Council) and Sangguniang Barangay (Village Council).
17. Legislative power at the sub-national levels is vested in the Sanggunian (Council) at each level. Each local government unit has a development council which assists the Sanggunian (Council) in formulating their respective comprehensive and multi-sectoral development plans.
C. Social and economic conditions
18. The annual per capita Gross Domestic Product (GDP) was estimated at US$ 1,026 using 2004 nominal prices and exchange rate.
19. The Philippine economy grew despite adverse effects of international shockers. These included the 11 September 2001 bombing in New York, the Severe Acute Respiratory Syndrome (SARS) scare, which slowed down the tourism industry, and the United States-Iraq war, which dislocated overseas Filipino workers in the Middle East.
20. The country’s real Gross National Product (GNP) from 2001 to 2004 expanded at an average of 5.05 per cent while real GDP 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 expansion could be attributed to the expansion of the telecommunication sector and the new investments in call centres, business process outsourcing and software development. Meanwhile, the trade sector also performed well due to strong consumer spending which was supported by the steady growth of the agriculture sector and remittances of overseas Filipino workers.
21. The agriculture sector grew at an average of 4.05 per cent over the period 2001-2004.
22. The industry sector experienced sluggish growth at a mere 3.4 per cent in 2001-2004. Growth has been limited by the large cuts in public construction to control the deficit as well as the difficulties of some manufacturing industries to keep up with global market. Moreover, the increase in foreign investments was minimal, from US$ 1.43 billion in 2002 to US$ 1.49 billion in 2003. The low foreign direct investments resulted from investor preference for China, weakening investor confidence due to concerns about fiscal sustainability, peace and order problems, and a weak infrastructure/logistics system.
23. 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 as the number of jobs generated had not been adequate to absorb the influx of labor entrants.
24. Underemployment was a more serious problem since its magnitude was higher than that of the unemployment rate. Underemployment rate was 16.9 per cent in October 2004 of which 61 per cent was in the rural areas (NSCB, 2004). The seasonal nature of farm employment prompted workers to want more labour hours.
25. The fiscal deficit emerged as the major macroeconomic problem. The consolidated public sector deficit is 5.52 per cent of GDP while the Government deficit surged to 3.8 per cent of GDP in 2004. Consequently, the rising deficit pushed the public sector debt to 101 per cent of GDP by 2003.
26. The Government provides social services in the areas of health, nutrition, education, housing, safe water supply and sanitation. Basic services for children are a special concern. The Government is taking definitive steps to address human development concerns in an integrated manner, through the formulation of a social development framework which will guide the planning and programming of human development-related activities.
27. Starting in 1986, the Government has more explicitly focused on poverty alleviation as a goal of national development efforts. In 1988, poverty incidence among Filipinos was 45.5 per cent, 3.8 per centage points lower than it was in 1985. As of 2003, poverty incidence had gone down to 30.4 per cent.
28. 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.
D. General legal framework within which human rights are protected
29. Fundamental human rights have been an integral part of the Philippine Constitution. The Malolos Constitution adopted in 1898, the 1935, 1973, 1986 (also known as Freedom Constitution) and the 1987 Philippine Constitutions all contained a Bill of Rights. Two of the State policies embodied in the Constitution are respect for the dignity of every human person and protection of the basic civil and political rights of the people against State encroachment and abuses. The Bill of Rights specifically prohibits the use of torture, force, threat or intimidation or any other means which vitiates the free will of a person and mandates Congress to pass laws to compensate victims of torture.
1. Judicial, administrative and other authorities
competent in matters relating to human rights
30. The 1987 Constitution enumerates the basic human rights and the judiciary stands as the guardian and bulwark of such rights. The Armed Forces of the Philippines (AFP), the Philippine National Police (PNP) and other law enforcement agencies are constitutionally mandated to protect human rights and freedoms of citizens; and ensure the security of the State and its people.
31. The 1987 Constitution created the Philippine Commission on Human Rights (PCHR). It is an independent constitutional body mandated to investigate, on its own or on the complaint by any party, all forms of human rights violations involving civil and political rights; adopt its operational guidelines and rules of procedure and cite for contempt for violations thereof; provide legal measures for the protection of human rights of all persons within the Philippines; provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection; exercise visitorial powers over jails, prisons or detention facilities and request the assistance of any government agency in the performance of its functions; establish a continuing programme of research, education and information to enhance respect for the primacy of human rights; recommend to Congress effective measures to promote human rights; monitor Government's compliance with international treaty obligations on human rights; and grant immunity from prosecution to any person whose testimony, or whose possession of documents or other evidence, is necessary or convenient to determine the truth in any investigation conducted by it, or under its authority.
32. The Office of the Judge Advocate General of the Armed Forces of the Philippines has jurisdiction over complaints against enlisted men. However, under Republic Act (RA) No. 7055, "An Act Strengthening Civilian Supremacy Over the Military By Returning to the Civil Courts the Jurisdiction Over Certain Offenses Involving Members of the Armed Forces of the Philippines", members of the AFP, other persons subject to military law, including members of the Citizens Armed Forces Geographical Units, who commit crimes or offences penalized under the Revised Penal Code, and other special penal laws, regardless of whether or not civilians are co-accused, victims or offended parties, shall now be tried by the proper civil courts.
33. Republic Act No. 6975 specifies the administrative disciplinary machinery applicable to the members of the Philippine National Police (PNP). Complaints against any PNP member may be brought before any of the following: (a) chiefs of police, where the offense is punishable by the withholding of privileges, restrictions to specified limits, suspension of forfeiture of salary for a period not exceeding 15 days; (b) mayors of cities and municipalities, where the offense is similarly punishable for a period of not less than 16 days but not exceeding 30 days; (c) People’s Law Enforcement Board or PLEB where the offense is similarly punishable for a period exceeding 30 days or by dismissal.