Committee on Economic, Social and Cultural Rights

Concluding observations on the combined fifth and sixth periodic reports of the Philippines *

1.The Committee on Economic, Social and Cultural Rights considered the combined fifth and sixth periodic reports of the Philippines on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/PHL/5-6) at its 65th and 66th meetings (E/C.12/2016/SR.65 and 66), held on 28 and 29 September 2016, and adopted the following concluding observations at its 78th meeting, held on 7 October 2016.

A.Introduction

2.The Committee welcomes the submission of the combined fifth and sixth periodic reports of the State party and the supplementary information provided in the replies to the list of issues (E/C.12/PHL/Q/5-6/Add.1). The Committee appreciates the constructive dialogue held with the State party’s high-level interministerial delegation.

B.Positive aspects

3.The Committee welcomes the adoption by the State party of:

(a)The Responsible Parenthood and Reproductive Health Act of 2012 (No. 10354);

(b)The Anti-Enforced Disappearances Act (No. 10353), in 2012;

(c)The Act amending the Migrant Workers and Overseas Filipinos Act of 1995 (No. 10022), in 2010;

(d)The Magna Carta of Women (No. 9710), in 2009.

4.The Committee also welcomes the ratification by the State party of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 2012.

C.Principal subjects of concern and recommendations

Domestic application of the Covenant

5.The Committee notes with concern that the Bill of Rights contained in the Constitution does not fully or explicitly recognize economic, social and cultural rights. While noting some judgments of the Supreme Court in which reference was made to the Covenant, the Committee regrets that the direct application of the Covenant by domestic courts, particularly lower courts, remains rare.

6.The Committee recommends that the State party take all appropriate measures to ensure the protection of economic, social and cultural rights at the constitutional level, to institutionalize writs of amparo concerning the Covenant rights, and to ensure that those rights are protected by the domestic courts at all levels. It also recommends that the State party enhance training for judges, lawyers and public officials on the Covenant. The Committee draws the State party’s attention to its general comment No. 9 (1998) on the domestic application of the Covenant.

Data collection

7.The Committee is concerned at the lack of reliable data, including in the national census, particularly data relating to indigenous peoples, persons with disabilities and people living in poverty.

8. The Committee recommends that the State party take all measures necessary to review and improve its data-collection system, including its national census, with a view to collecting comprehensive, reliable and disaggregated data. That will enable the assessment of the level of enjoyment of Covenant rights, particularly by disadvantaged and marginalized individuals and groups, including indigenous peoples, persons with disabilities and people living in poverty. Such data are required in order to track progress in the realization of those rights and to design effective and targeted measures to increase enjoyment of them.

Commission on Human Rights of the Philippines

9.The Committee appreciates the efforts of the Commission on Human Rights of the Philippines to promote and protect human rights. It is concerned, however, that the Commission is not explicitly mandated to deal with economic, social and cultural rights and is not provided with sufficient financial and human resources.

10. The Committee recommends that the State party take all measures necessary to ensure that the Commission is explicitly provided with the mandate to deal with economic, social and cultural rights and that it is allocated sufficient resources, with the autonomy to plan and manage its own budget. The Committee urges the State party to expedite the discussion and adoption of the Commission on Human Rights Charter (Senate bill No. 2818 on an act strengthening the functional and structural organization of the Commission on Human Rights, and for other purposes) to ensure full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).

Human rights defenders

11.The Committee is deeply concerned at the continuing cases of harassment, disappearance, threats of killing and killing of human rights defenders, despite the adoption in 2012 of Administrative Order No. 35 to address extrajudicial killings. It is also concerned at the low level of investigation, prosecution and conviction in such cases.

12. The Committee urges the State party to take all measures necessary to protect human rights defenders, including trade union activists, defenders of the urban poor, indigenous activists and peasant activists, from killing and all forms of violence. It also urges the State party to ensure a safe and favourable environment supportive of those defenders’ work to promote and protect economic, social and cultural rights. It recommends that the State party step up its efforts to promptly and thoroughly investigate all reported cases of harassment, disappearance and killing of human rights defenders and bring the perpetrators to justice.

Indigenous peoples

13.While noting the efforts made by the State party to protect the rights of indigenous peoples, the Committee is concerned at:

(a)The conflicts between the protection of indigenous peoples’ ancestral lands under sections 5 and 56 of the 1997 Indigenous Peoples’ Rights Act and the provisions of the 1995 Mining Act and the 1974 Forestry Reform Code of the Philippines, as well as the delay in adopting the National Land Use Bill;

(b)The unsatisfactory implementation of the Indigenous Peoples’ Rights Act as regards the demarcation and registration of indigenous peoples’ territories;

(c)The limited mandate and capacity of the National Commission on Indigenous Peoples and the doubts that have been expressed concerning its ability to function as a truly independent body for the promotion and protection of the rights of indigenous cultural communities and indigenous peoples;

(d)The failure of the State party to uphold the right to free, prior and informed consent of indigenous peoples for any change to the use of their lands and territories and to implement the mandatory representation of indigenous peoples in local decision-making bodies;

(e)The displacement of indigenous peoples, particularly those in Mindanao, owing to the armed conflict and intertribal conflicts, as well as extractive and logging operations;

(f)The limited access of indigenous peoples to health care, education and other basic services.

14. The Committee recommends that the State party:

(a) Fully implement the 1997 Indigenous Peoples’ Rights Act to ensure that, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, indigenous peoples’ rights to their lands, territories and resources are fully recognized and protected and that their free, prior and informed consent is obtained in respect of the adoption of any legislation, policy or project affecting their lands or territories and other resources;

(b) Prioritize the adoption of the National Land Use Bill and ratify the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169);

(c) Strengthen the mandate and the capacity of the National Commission on Indigenous Peoples and take all measures necessary to enhance its independence and effectiveness, with a view to restoring its credibility among indigenous peoples;

(d) Take the steps necessary to ensure the registration of indigenous lands, including through improving the collective land title claim process;

(e) Ensure that the free, prior and informed consent of the indigenous peoples concerned is obtained before granting licences to private companies; and that indigenous peoples are represented by their own chosen representatives on local decision-making bodies, such as local mining boards and development units;

(f) Adopt appropriate measures to mitigate the impact of armed conflicts, including intertribal conflicts, and natural disasters on indigenous peoples;

(g) Take all measures necessary to ensure the full access of indigenous peoples to health care, education and other basic services.

Maximum available resources

15.While noting the continuing economic growth of the State party in recent years, the Committee is concerned at the overall low level of public expenditure on social services, including housing, social security, health care and education, despite increases in some areas (art. 2 (1)).

16. The Committee recommends that the State party intensify its efforts to increase public spending on social services, particularly in the areas of housing, social security, health care and education, and take effective measures to secure a sufficient level of public funding in those areas.

Corruption

17.While noting the efforts made by the State party to combat corruption, including the adoption of Executive Order No. 2 of 2016 on the right to information, the ad