Chapter 3: ICESCR Chapter

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International Covenant on Economic, Social, and Cultural Rights (ICESCR)

Introduction

The International Covenant on Economic, Social and Cultural Rights

(ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966. There are currently 160 State-parties to the ICESCR, the Philippines being one of them.

Chief among the rights which the ICESCR seeks to guarantee to every

individual are the following:

Right to self-determination;

Right to non-discrimination;

Equal rights for men and women;

Right to just and fair conditions of work, fair wages, safe and healthy work conditions;

Right to form and join trade unions, which includes the right to strike;

Right to social security, which includes the provision of social insurance;

Protection and assistance accorded to the family, with children being protected from economic exploitation;

Right to an adequate standard of living, including the provision of adequate food, clothing and housing;

Right to the enjoyment of the highest attainable standard of physical and mental health;

Right to education, and;

Right to take part in cultural life, enjoy the benefits of scientific progress, protection of the moral and material interests resulting from any scientific, literary or artistic production.

The country’s commitment to promote and protect ICESCR rights has in fact been long enshrined in the 1987 Philippine Constitution, where it is provided that, “it is the declared policy of the State to value the dignity of every human person and to guarantee full respect for human rights.” Relative thereto is the State’s policy to promote social justice in all phases of national development.

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Accordingly, various legislative, administrative and policy measures have been adopted by the government to promote and protect economic, social, and cultural rights, viz:

Anti-Sexual Harassment Act of 1995 (Republic Act 7877);

Anti-Trafficking in Persons Act of 2003 (Republic Act 9208),

Magna Carta of Women (RA 9710), and;

Anti-Violence against Women and their Children Act of 2004 (Republic Act 9262);

Anti-Squatting Repeal Act of 1997 (Republic Act 8368);

Indigenous Peoples Rights Act of 1997 (Republic Act 8371);

Philippine Plan for Gender Responsive Development, 1995-2025;

Free and Prior Informed Consent Guidelines, adopted by the National Commission on Indigenous Peoples (NCIP) in 2002, allowing indigenous peoples (IPs) to participate in decision-making processes affecting them, and;

Executive Order 270-A, which aims at safeguarding the ecological integrity of indigenous lands and resources from the negative impact of mining operations.

In order to ensure the State’s conformity to the standards set forth under the ICESCR, the National Economic and Development Authority (NEDA) has been designated as the lead agency in coordinating compliance therewith and in drafting the ICESCR Chapter of the 2nd Philippine Human Rights Plan (PHRP II), pursuant to Administrative Order (AO) No. 163.

Under the ICESCR Chapter of the PHRP II, gaps on economic, social and

cultural rights have been identified following the observations and recommendations made by the Universal Periodic Review (UPR) Technical Working Group and the Committee on Economic, Social and Cultural Rights (CESCR), to wit:

Housing

Forced eviction and demolition activities

Health concerns

Migration of health professionals

Working condition of workers

Social security benefits for members of the informal sector

Allocation and utilization of budget for education

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Food

Poverty

Unemployment and Underemployment

Exploration, development and utilization of mineral resources

Considering the foregoing, the following thematic objectives have thus been formulated in the ICESCR Chapter of the PHRP II:

Thematic Objective 1: To mainstream the human rights-based approach (HRBA) in development planning and policy-formulation processes at all levels of government.

The first thematic objective aims to mainstream the human rights-based approach (HRBA) in development planning and policy-formulation processes at all levels of government.

In brief, HRBA to development planning seeks the constant improvement of

the well-being of the entire population and of all individuals, based on their active, free and meaningful participation in development and in the fair distribution of the resulting benefits. Operationally, the National Economic and Development Authority (NEDA) defines HRBA to development planning as follows:

“Human Rights-Based Approach to development planning is a framework for the formulation of policies, programs and strategies given the available resources within the indicated timeframe, guided by human rights parameters, principles and standards to promote inclusive, equitable and sustainable development towards attaining improved quality of life.”1

As an initial step in the mainstreaming of HRBA in the development

processes of the government, Administrative Order (AO) 249 has directed NEDA to “ensure that the principles of the human rights-based approach are integrated, reflected and defined in the formulation of the country's development policies, plans, and programs.” Hence, a series of capacity building activities have been undertaken by NEDA to strengthen its individual and institutional capacity to integrate principles of HRBA in the 2011-2016 Philippine Development Plan (PDP) and its accompanying Public Investment Program (PIP). Further, HRBA has been introduced to a number of national government agencies (NGAs) to capacitate them as well in integrating HRBA in their respective agency plans.

Thematic Objective 2: To review and monitor existing legislation related to the promotion and protection of economic, social and cultural rights.

The phenomenon of urban slums and informal settlements has continuously increased over the years. The National Housing Authority (NHA) estimated the

1 Adopted by NEDA during Phase III: Integration of HRBA instruments/materials into development Plans, programs and activities of the project, “Mainstreaming HRBA to Development Policies, Programs and Activities of the National Economic and Development Authority (NEDA), held from 25-28 May 2010 at Subic, Zambales.

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informal settler families (ISFs) to be more than 1.5 million in 2011 with 767,502 families living in danger areas. In Metro Manila alone, there are 584,425 ISFs with 104,219 ISFs in danger areas. With rural-urban migration expected to continue, and 6 out of 10 Filipinos living in urban areas, addressing the housing problem must be embedded within a larger urban development framework for environmental sustainability. In its pursuit to provide decent housing for everyone and to maximize the use of urban land, the government passed into law Republic Act 7279 or the Urban and Development Housing Act of 1992 (UDHA). Article VII of the aforesaid law discusses Urban Renewal and Resettlement providing guidelines on the management of urban slums and informal settlements. Generally, eviction or demolition is dissuaded. There are three instances however where eviction or demolition can be undertaken, viz: (1) when these informal settlers reside in danger areas, including those near in waterways, roads, garbage dumps or parks, (2) when projects of the government are ready to be implemented in the affected areas, and (3) when the court orders such eviction and demolition to be carried out. It is when these cases take place that problems arise which often lead to violence. Thus, this thematic objective.

Thematic Objective 3: To improve access to health care services, enhancing equity and quality of health care and making health care services more affordable.

The third thematic objective deals with various health-related concerns viz: reducing maternal and infant mortality rate, improving access to health care services, enhancing equity and quality in health care and making health care services more affordable. This is following the Concluding Observations of the Committee on Economic, Social and Cultural Rights (CESCR) and in realizing the country’s targets under the Millennium Development Goals (MDGs).

Thematic Objective 4: To review all existing legislation enforcing health and safety at work in order to ensure the right of workers to safe & healthy work conditions, and social security benefits for workers in the informal sector.

The fourth thematic objective of this chapter aims to review all existing legislation enforcing health and safety at work in order to ensure the right of workers to safe & healthy work conditions, and social security benefits for workers in the informal sector.

Thematic Objective 5: To increase budget allocation, in national and local budget, for educational services.

The fifth thematic objective highlights the importance of basic education.

Article 13 of the ICESCR recognizes the right of everyone to free education (free for the primary level and the “the progressive introduction of free education” for the secondary and higher levels). Similarly, under Article XIV of the 1987 Philippine Constitution, the State is mandated to guarantee equitable access to quality education for all by maintaining a system of free public education in both elementary and secondary levels and a system of scholarship and student financial assistance for tertiary education, especially targeting those living in poverty. This is

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to ensure the “full development of the human personality and the sense of its dignity” and enable all persons to participate effectively in society.

Thematic Objective 6: To implement programs and projects targeting poverty stricken and armed conflict areas

The sixth thematic objective focuses on improving the living conditions of those in hunger stricken areas and in places affected with armed conflict, the latter being the most pressing security concern. Based from the 2009 Family Income and Expenditure Survey (FIES) issued by the National Statistical Coordination Board (NSCB), in terms of population, there was a very slight increase of poverty incidence from 26.4% in 2006 to 26.5 in 2009. In terms of magnitude of poor families, there was an increase of about 185,000 from 3.67 million in 2006 to 3.86 million in 2009. Further, the magnitude of poor population increased by almost 970,000 Filipinos-from 22.2 million in 2006 to 23.1 in 2009 by 4.4%. CARAGA and ARMM consistently posted the highest poverty incidence among families in 2006 and 2009. This could be attributed to the slow growth of incomes, increase in household formation, natural disasters and inflationary pressures mainly from rising fuel and food prices.

Thus, the sixth thematic objective aims to address this concern through the

implementation of poverty alleviation programs and projects in areas of concern.

Thematic Objective 7: To enact a law making the Department of Agrarian Reform Adjudication Board (DARAB) as an independent body

The seventh thematic objective finds its basis on the provision of the 1987 Constitution which declares the promotion of comprehensive rural development and agrarian reform as State policy (Art 2, Sec 21; Art 13, Sec 4). On August 07, 2009, the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER) was signed into law. The new law comes with a PhP 100 billion appropriation for land acquisition and distribution support services, agrarian justice delivery and other funding requirements. The law covers all public and private agricultural lands as provided in Proclamation 131 and Executive Order No. 229 including other lands of the public domain suitable for agriculture. The measure stipulates that prioritization of coverage is not necessary and that after June 30, 2009, the modes of acquisition will be limited to voluntary offer to sell and compulsory acquisition. The law further provides for the creation of a joint congressional oversight committee composed of three (3) members each from the Senate and House of Representatives. The enactment of the CARPER evidences the government’s commitment to pursue redistributive justice, which is an important foundation of agricultural productivity and sustained economic growth.

Thematic Objective 8: To monitor the wage boards & regulatory agencies

Following the recommendations of the Committee on Economic, Social and Cultural Rights, the ninth thematic objective seeks the establishment of a national accountability mechanism of concerned agencies to monitor the implementation of wage standards and to improve employment conditions of workers.

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Thematic Objective 9: To harmonize areas of conflict in the implementation of the provisions of the Mining Law & Indigenous Peoples’ Rights Act (IPRA) The ninth thematic objective focuses on how to utilize the country’s natural resources in a sustainable manner and to provide adequate and appropriate basic infrastructure facilities, among others, that may be needed for the purpose. It emphasizes that human rights protection and promotion is always a part of these endeavors, particularly indigenous cultural communities or indigenous peoples.

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SECTION 1 Strategic Treaty Indicators


The indicator under this thematic objective is the adoption of an administrative policy that will institutionalize the Human Rights-Based Approach (HRBA) in development planning and budgeting.

The intention here is for various government institutions to reflect and integrate human rights principles at every stage of the development planning process. The National Economic and Development Authority (NEDA), having been identified to lead in this undertaking pursuant to Administrative Order (AO) 163, has embarked on several activities to capacitate those involved in the planning process on how to best integrate the Human Rights-Based Approach (HRBA) in the 2011-2016 Philippine Development Plan (PDP). To complement the same, a supplemental guideline on HRBA has been developed to ensure that the strategies in achieving the sectoral goals in the PDP are HRBA compliant. Several national government agencies (NGAs) have likewise been introduced to the subject through HRBA capacity building workshops. This is to capacitate them on making their respective agency plans HRBA compliant as well. A total of one hundred seven (107) participants from fifty-four (54) national government agencies took part in the said activities, conducted from October-November 2010. Further, a toolkit and a website devoted to HRBA have been developed to increase greater awareness and understanding of those interested in the subject and the public as well. The twin volume toolkit introduces HRBA to development planning, drawing from the Philippine Constitution, law and jurisprudence, internationally customary law on human rights, international human rights treaties ratified by the Philippines, authoritative pronouncements on human rights treaty monitoring bodies and research and experiences of human rights and development practitioners. It presents human rights tools, processes and methodologies formulated and implemented by human rights and development institutions worldwide and contains human rights quick guides in the form of flowcharts, checklists, recapitulative tables, and figures especially designed to facilitate the application of the HRBA to development planning.

However, there is a need to continue efforts to effectively mainstream HRBA

in government agencies and in local government units as well. The roll-out of HRBA into said units of government is crucial to ensure that both national and local frameworks of development are anchored on HRBA. Thus, an increase in number of NGAs adhering to HRBA is targeted. For this undertaking, the Regional Development Councils (RDCs) should likewise be tapped as the latter serves as the highest policy making body in regions. It is the primary institution that coordinates and sets the direction of all economic and social development efforts in regions. Further, the RDCs serve as fora where local efforts can be related and integrated with national planning activities.

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In view of the foregoing, the need to adopt an administrative issuance to ensure the strict adherence of HRBA and to institutionalize the same in development and fiscal planning, and in local development planning and budgeting shall be required. Further, the development of a framework on how to best integrate HRBA principles in investment programming, project development cycle2, agency plans shall be necessary.

For this particular strategic indicator, the accountable offices are Office of the President (OP), National Economic and Development Authority (NEDA), Regional Development Councils (RDCs), Department of the Interior and Local Government (DILG), and Department of Budget and Management (DBM).

Thematic Objective 2: To review and monitor existing legislation

related to the promotion and protection of economic, social and cultural rights. The indicators for this thematic objective are: 1) Amendment of laws relative to the promotion and protection of economic, social and cultural rights and 2) Administrative issuance reinstituting the mandate of the Presidential Commission for the Urban Poor (PCUP) as clearing house.

The first indicator is in consonance with the existing laws on economic, social and cultural rights. These laws impose sanctions for violations of said rights. On the right of individuals to freely exercise their industry or work, or to organize a labor organization for example, Article 289 of the Revised Penal Code (RPC) imposes a penalty upon any person who, for purposes of organizing, maintaining or preventing coalitions of capital or labor, strike of laborers or lockout of employers, shall employ violence or threats in such a degree to compel or force the laborers or employers in the free exercise of their industry or work. Similar rights are also provided for under the labor relations provisions of the Labor Code. Under these provisions, the status, rights and duties and institutional mechanism that govern the individual and collective interaction of employers and employees are defined. Violations of these rights are sanctioned under Title VI on Unfair Labor Practices. Under Article 247, it is provided that:

“…unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as herein provided.”

The rights of women and children are protected through various legislation

including Republic Act (RA) 9710 or the Magna Carta of Women, RA 9262 or the Anti-Violence Against Women and their Children Act as well the provisions of the Labor Code on Maternity Leave benefits. The right to attain the highest standards of physical and mental health are protected by the penal clauses of various health laws including RA 9165 of the

2 The mainstreaming of HRBA in the project development cycle may include the following rights based community participatory approach to change, methods of needs assessment, defining outcome objectives, theories of decision making, models of scheduling and implementation, theory and practice of evaluation

including development of criteria, data collection and analysis and the uses of evaluation.

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Dangerous Drugs Act of 2002, RA 9211 of the Tobacco Regulation Act of 2003 and RA 8749 or the Philippine Clean Air Act.

With respect to education, Batas Pambansa (BP) 232 states that:

“The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation. The State shall therefore promote and maintain equality of access to education as well as the enjoyment of benefits of education by all its citizens.”

The State shall promote the right of the nation’s cultural communities in the exercise of their right to develop themselves within the context of their cultures, customs, traditions, interest and belief, and recognizes education as an instrument for their maximum participation in national development and in ensuring their involvement in achieving national unity.”

Aside from the foregoing, laws on the protection and promotion of human

rights such as housing, social security, family life, adequate standard of living, and participation in cultural life already exist.

While there are already laws that promote and protect economic, social and

cultural rights, there is a need to monitor their strict implementation. Further, a review of this legislation, such as our labor laws, can be possibly undertaken. It has to be noted that presently only administrative sanctions are being imposed on violators of labor laws.

Relative to the foregoing, these offices have been identified as accountable

agencies: Congress, Supreme Court (SC), Department of Justice (DOJ), National Economic and Development Authority (NEDA), Presidential Human Rights Committee (PHRC), and Commission on Human Rights of the Philippines (CHRP).

The second indicator relates to the international human rights law to

adequate housing which is transposed into Philippine domestic law under Article XIII of the 1987 Philippine Constitution and the Urban Development and Housing Act (UDHA). This provides basis for the implementation of the right to adequate housing. In order to sustain efforts to comply the same, a review on existing legislation on demolition and eviction activities, and implementing and funding mechanisms of housing laws (e.g. UDHA) should be reviewed.

Further, following the Concluding Observations of the Committee on the International Covenant on Economic, Social and Cultural Rights (ICESCR), the lack of effective consultation of and legal redress for persons affected by forced evictions and the inadequate measures to provide compensation or adequate relocation sites to the victims, needs to be addressed. To address same, it is recommended that the Presidential Commission for the Urban Poor (PCUP) be re-designated as an oversight body to ensure the proper observance of the requirements prior to the conduct of demolition and eviction activities by the LGUs through the issuance of a corresponding Executive Order (EO).

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The accountable agencies are the following: Congress; Department of the

Interior and Local Government (DILG), Presidential Commission for the Urban Poor (PCUP), Housing and Urban Development Coordinating Council (HUDCC), National Housing Authority (NHA), Metro Manila Development Authority (MMDA).


Indicators under this thematic objective are enacted health care measures to

give access to health care, in particular to sexual and reproductive health.

Achieving universal health care shall be pursued under the Aquino Health Agenda (AHA) to improve, streamline and scale up reform interventions espoused in the Health Sector Reform Agenda (HSRA) and implemented under FOURmula One (F1) for health, with particular focus on the poor. This will ensure that as health reforms move forward, the poor are not left behind. The AHA will restructure the health system to include the following components: good leadership and governance practices; accurate and timely information and feedback on performance; financing to reduce the burden of health spending especially among the poor and the middle class; a well performing workforce; affordable and high quality medical products and technologies; and appropriately delivered essential services.

Further, the Universal Health Care (UHC) shall ensure better health conditions, fair financing and a responsive health system. The UHC shall provide full financial protection and improvement of access to priority public health programs and quality hospital care especially for the poor.

On service delivery, efforts on public health development continue to be geared towards the following: disease free zone initiatives, intensified disease prevention and control, healthy lifestyle and management of risks and improving reproductive health outcomes. Specifically for improving reproductive health outcomes, the provision of micronutrients, conduct of pre and post natal checkups and skilled birth attendants in health facilities capable of basic emergency obstetric and neonatal care and critical emergency obstetric and neonatal care, family planning and other reproductive health initiatives continue to be pursued. It has to be noted that health services, including reproductive health services have been devolved to the LGUs. On enacting measures to give access to sexual and reproductive health care services, the Philippine Development Plan (PDP) 2011-2016 addresses the challenge of poverty alleviation involving fertility and parenting choices. Its long term goal is to contribute to improving the quality of life of all Filipinos through responsible parenting, better health and education, population outcomes that are in harmony with available resources and sustainable environment conditions and reduction of poverty and inequalities in human development opportunities.

Identified as accountable agency is the Department of Health (DOH).

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Indicators for this thematic objective are as follows: 1) Implementation of enhanced labor laws and social security act to safeguard the health of workers, and 2) Amendment of the Social Security Act to provide social security benefits for members of the informal sector

The first indicator is a recognition of the right of everyone to the enjoyment

of just and favorable conditions of work which ensure, in particular: Remuneration; Fair wages and equal remuneration for work of equal value; Safe and healthy working conditions; Equal opportunity for everyone to be promoted in his/her

employment; Rest and leisure and reasonable limitation on working hours. In view thereof, it is the obligation of the State-party to afford its labor force

acceptable minimum conditions of occupational health and safety. Relative thereto, concerned agencies, such as the Department of Labor and Employment (DOLE) must establish a baseline or minimum standard, below which the working conditions of any worker should not be allowed. Security of tenure of employees must also be respected.

In the implementation of the aforesaid measures, the following have been

identified as accountable agencies, to wit: Congress, Department of Labor and Employment (DOLE), Philippine Health Insurance Corporation (PhilHealth), and Social Security System (SSS).

The second indicator is an acknowledgment that the informal sector

comprises a major portion of the country’s labor force and is recognized as a major contributor to the economy. Over the years however, the informal sector has been confronted with issues. The Department of Labor and Employment (DOLE) identified issues confronting the workers in the informal sector, namely: indivisibility of the informal sector in government statistics and representation in policy-making bodies, lack of access to health and other social protection interventions, lack of access to productive resources and affordable market window, lack of awareness on occupational safety and productivity, and the need to be organized. Further, under the section “Rights at Work,” of the Philippine Labor and Employment Plan 2011-2016, these flexible work arrangements has increased insecurity of jobs and thus pose the challenge of “balancing the legitimate needs of employers for flexibility with the equally legitimate demands of workers for stability and protection.” Considering the foregoing, there is a need to provide mechanisms that will ensure the promotion and protection of their rights, which includes the provision of social security benefits, and ensure their dignified existence. This will be done through the proposed amendment on certain provisions of the Labor Code specifically those affecting the informal sector.

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Identified as accountable agencies are the following: Congress, Department

of Labor and Employment (DOLE), Philippine Health Insurance (PhilHealth), and Social Security System (SSS).

Thematic Objective 5: To increase budget allocation, in national and local budget, for educational services.

The indicators for this thematic objective are as follows: 1) Increased budget spending on education, consistent with UNESCO standard and 2) 80-90% increase in selected performance indicators

The United Nations Educational, Scientific and Cultural Organization

(UNESCO) requires that a country’s public expenditure for education must at least be six percent of its gross national product3. However, from 2004 to 2010, the Philippines’ national budget spending for education was at an average of only around 2 percent of the gross national product. This is way below the UNESCO standard. Progressive targets shall, therefore, be set to increase investment in education.

As such, both the national and local budget allocation shall target a progressive increase in education spending towards a standard (e.g., 6% of GNP). In line with the Philippines’ commitment to the Education for All (EFA) and Jomtien Declaration, line (sectoral) agencies also devote some resources to the basic learning needs (BLNs), which form part of the composite resources for basic education.

Identified as accountable agency for this treaty indicator shall be the Department of Education (DepEd).

To gauge effective allocation and utilization of budget for education, increase in expenditure must have a corresponding improvement in education performance. The most fundamental indicators are the net enrolment and the gross enrolment rates which show participation of children, both school-age and beyond school age in our formal and non-school-based learning programs or alternative learning systems (ALS). Other relevant indicators are the survival rate, school leaver rate (or drop-out rate), completion and achievement rate of students. Thus, the second indicator for this thematic objective.

Accountable agency for this treaty indicator is the Department of Education (DepEd).

Thematic Objective 6: To implement programs and projects targeting poverty stricken and armed conflict areas.

Under this thematic objective, the following are the indicators, viz: 1)

Implementation of programs and projects aimed towards alleviating the poverty situation of those living in poverty- stricken and armed conflict areas, and 2)

3 “Learning: the Treasure from Within”: Report by the Delors Commission for UNESCO, 1996.

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Creation of a database on poverty at the national and subnational level, disaggregated by sex, rural/urban, ethnic groups, etc.

Consistent with the first thematic objective are programs and projects aimed

at reducing poverty such as livelihood activities, training and microfinance; asset reform through agrarian reform; urban land and asset reform, and ancestral domain reform; provision of essential services such as clean water, power, education, and health care; protection of the vulnerable especially children in need of special protection, youth with special needs, women in difficult circumstances, persons with disabilities, older persons, indigenous peoples, dysfunctional families, and victims of disasters and calamities; and empowerment through government-led (such as PAMANA, KALAHI-CIDSS, Conditional Cash Transfer Program, Local Poverty Reduction Action Planning Process by local government units (LGUs), increased participation and involvement of the youth in the family, school, community and society) and private sector-led (e.g. Gawad Kalinga, Habitat) initiatives. Thus, the first indicator.

In consonance with the foregoing, the following have been identified as lead agencies: Office of the Presidential Advisor on Peace Process (OPAPP), National Economic and Development Authority (NEDA), National Anti-Poverty Commission (NAPC), Department of Social Welfare and Development (DSWD), Department of Agriculture (DA), and Department of Agrarian Reform (DAR).

Under the second indicator, a database that will help in setting out targets for poverty reduction and milestones needed to monitor the rate at which the targets are being reached, shall be created. Aside from core poverty statistics, the database shall include key demographic and economic statistics as well as indicators such as sex, ethnicity etc.

Relative to the same, the following are the accountable offices: National

Statistics Office (NSO), National Statistical Coordination Board – Technical Committee on Poverty Statistics (NSCB-TCPS), National Anti-Poverty Commission (NAPC), Department of Social Welfare and Development (DSWD), and National Economic and Development Authority (NEDA).

Thematic Objective 7: Enactment of a law making the Department of Agrarian Reform Adjudication Board (DARAB) as an independent body.

The indicators under this thematic objective are the following: 1) Passage of legislation making DARAB as an independent adjudicating body and 2) Strict enforcement of the provisions of CARPER

The first indicator is a reflection of the existing structural flaws, specifically with the existing composition and capacity of DARAB in discharging its mandated tasks viz: handling of cases involving program implementation outside of coverage issues and the preliminary administrative determination of reasonable and just compensation. Further, the DARAB affords the disadvantaged agrarian reform beneficiaries an expeditious and inexpensive mode of resolving conflict. Its proceedings are summary in nature and non-adversarial in character.

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The following are identified as accountable agencies for this indicator: Congress and the Department of Agrarian Reform (DAR)

The second indicator, which pertains to the CARPER law, requires serious enforcement given the clear policy on conversion and gender sensitive agrarian reform. At least three (3) provisions in the CARPER law that needs careful attention because they might delay or dilute the running of the CARP namely: a) the prioritization of beneficiaries to tenants and regular farmworkers, b) the attestation requirement, and c) the LGU ownership beyond five (5) hectares.

It is therefore essential that measures be undertaken to ensure the strict

observance of the CARPER Law, through recommendations/proposals made in view of the same.

The Department of Agrarian Reform (DAR) shall be the lead agency for this

treaty indicator.

Thematic Objective 8: To monitor the wage boards & regulatory agencies.

Under this thematic objective, the following shall be the indicators: 1)

Government mechanisms that guarantee compliance with the labor standards and labor relations provisions of the Labor Code of the Philippines are established, and 2) Sanctions to violators of labor standards imposed.

Based on the Concluding Observations of the UN Committee on Economic,

Social, and Cultural Rights, the Committee is concerned on the low level of minimum wages, particularly in the agricultural sector, which are notably insufficient to provide an adequate standard of living for workers and their families. The Committee is also concerned that the minimum wage legislation does not apply in some important sectors, such as those employed in the government and those working for export-oriented and labor-intensive manufacturing companies, and that its enforcement is made difficult especially by the shortage of labor inspectors.

The Committee recommends that the State party take all appropriate

measures to ensure that minimum wages fixed by the Regional Tripartite Wages and Productivity Boards provide workers with an adequate standard of living for themselves and their families, in accordance with Article 7 (a) (ii) of the Covenant. The Committee also recommends that the State Party extend the applicability of the minimum wage legislation to those sectors where it does not apply, and intensify its efforts to enforce legal minimum wages through increased labor inspection and fines or other appropriate sanctions for employers who fail to comply with the minimum wage legislation.

To address this, government mechanism to enforce compliance with ICESCR

needs to be strengthened. The monitoring of wage boards and regulatory agencies will be intensified and sanctions shall be imposed to those found violating labor standards. This will be done in cooperation with the following agencies.

The following shall be the accountable lead agencies for the first indicator:

Department of Labor and Employment (DOLE), National Wages and Productivity

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Commission (NWPC), and Regional Tripartite Wages and Productivity Board (RTWPB).

The second indicator sets to ensure the adherence of companies or

employers to fair and just labor standards such as the conduct of inspection on enterprises consistent with occupational safety and health standards, minimum wage fixing along the “safety net” approach, improve wages and productivity databases, review existing policies/standards to address new and emerging working conditions/environment/arrangements and strengthen protective mechanisms for workers in the informal and other vulnerable specific sectors, etc.

To intensify the abovementioned efforts, it is necessary therefore that

sanctions be imposed to those who fail to observe the observance of fair labor standards.

In view thereof, the coordination of the following agencies is required:

Department of Labor and Employment (DOLE) and Occupational Safety and Health Center (OSHC)

Thematic Objective 9: To harmonize areas of conflict in the

implementation of the provisions of the Mining Law & Indigenous Peoples’ Rights Act (IPRA).

Under this thematic objective, the indicators are benefits derived by the

affected communities/families/elderly/individuals from the exploration, development and utilization of natural resources

The IPRA provides for the recognition, protection and promotion of the

interests and well-being of IPs with due regard to their ancestral domains and lands, self governance and empowerment, social justice and human rights, and cultural integrity.

The IPRA was signed into law on October 29, 1997. Hailed as a landmark

legislation, the IPRA underwent many years of legislative study and deliberation before it became a law. It is the result of various consultations, consolidated bills related to ancestral domains and lands, and international agreements on the recognition of land/domain rights of the IPs.

The advent of the IPRA Law has overshadowed speculations and unfounded

doubts that the tribal peoples and communities in the Philippines are abandoned or neglected and that they are only meant to exist outside the periphery of development, much less a part of the national life. A heavy focus on empowerment and upland development by the government has made the IPs as major players and partners in nation building with the government and international funding institutions promising to provide basic services on a need-driven basis. Locally available indigenous resources have been tapped as the IPs' counterpart to facilitate the implementation of key programs and projects while the LGUs assisted by giving out corresponding resources.

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On one hand, the Philippine Mining Act and its Revised Implementing Rules and regulations (RIRR) have specific provisions on the following:

Local government empowerment Equitable sharing of benefits of natural wealth Economic demands of present generation while providing

the necessary foundation for future generations Protection for and wise management of environment The RIRR (DENR Administrative Order No.96-40) of the Philippine Mining

Act of 1995 provides strict adherence to the principle of sustainable development. This strategy mandates that the needs of the present should be met without compromising the ability of the future generations to meet their own needs, with the view of improving the quality of life, both now and in the future. Sustainable development provides that the use of mineral wealth shall be pro-people and pro-environment in sustaining wealth creation to improve quality of life.

Recently, the President issued the Executive Order (EO) No. 79 s. of 2012

entitled “Institutionalizing and Implementing Reforms in the Philippine Mining Sector,

Providing Policies and Guidelines to Ensure Environmental Protection and Responsible

Mining in the Utilization of Mineral Resources” that sets the direction and lays the

foundation for responsible mining policies, created the Mining Industry Coordinating

Council (MICC) that is tasked to craft the proposed legislative reforms concerning the

mining industry particularly the legislation on rationalizing revenue schemes and

mechanisms. The DENR, in collaboration with the MICC, has issued the Implementing

Rules and Regulations of EO 79 (DENR Administrative Order No. 2012-07 as amended

by DENR Administrative Order No. 2012-07A). Among the salient features of the EO

and its IRR are as follows:

Provides for additional areas that are closed to mining applications;

Ensures strict adherence to environmental standards in mining;

Considers the amendment of the present mining revenue-sharing scheme to

provide for a more equitable benefit sharing from the utilization of the country’s

mineral resources;

Strictly adopts new measures to improve and ultimately address the issues on

small-scale mining in the country;

Setting the direction and lay the foundation for the implementation of responsible

mining policies.

Following the Concluding Observations made by the Committee on the

ICESCR concerning the adverse effects of mining operations carried out in indigenous territories, it is most appropriate that certain benefits be given to those affected communities from the exploration, development and utilization of natural resources. This would require actual visits to areas where mining activities are made and to conduct interviews with the beneficiaries.

Thus, for this treaty indicator, the accountable agencies are as follows: Mining Industry Coordination Council (MICC) and Department of Environment and Natural Resources – Mines and Geosciences Bureau (DENR-MGB).

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SECTION 2 Thematic Baseline and Situationer

Thematic Objective 1

Development frameworks in the past have been based on the “needs–based approach” which is primarily a welfare approach largely based on government discretion to identify particular areas of need and allocate resources accordingly. This, in turn, builds a powerless citizenry dependent on government’s largesse which may be withheld or granted as government’s resources diminish or grow, or priorities change.

The “human rights-based approach” or HRBA on one hand represents a

departure from the minimum basic “needs approach.” The former seeks the constant improvement of the wellbeing of the entire population and of all individuals, based on their active, free and meaningful participation in development and in the fair distribution of the resulting benefits. It supports an economy that guarantees full, equal and universal enjoyment of all human rights; promotes a political environment that guarantees inclusion and respect for human rights; values a society that welcome diversity with tolerance yet is socially cohesive, and: it strengthens a people able to responsibly exercise and claim their human rights and enjoy a sustained quality of life consistent with human dignity.

Presently, the National Economic and Development Authority (NEDA) has

initiated efforts to integrate the principles of HRBA into the Philippine Development Plan (PDP) 2011-2016 along with the accompanying Regional Development Plans (RDPs). Other national government agencies (NGAs) have likewise been introduced to this development approach through a series of capacity building workshops. A total of one hundred seven (107) participants from fifty-four NGAs have been trained on how to best integrate principles of human rights into their respective agency plans.

Continued capacity building activities on HRBA is however required to ensure that the same is effectively rolled out in all branches of government. Further, regional and local government units are needed to be capacitated as well on the subject for the mainstreaming of HRBA.


The National Urban Development and Housing Framework (NUDHF) 2009-

2016 finds the housing problem to be serious and is largely urban in phenomenon. The magnitude of housing need is enormous and is estimated to reach about 5.8 million housing units in 2016. The housing problem is evident in the proliferation of slums and informal settlers in urban areas.

The phenomenon of urban slums and informal settlements have been

characterized by unsanitary conditions, congestion and limited access to basic urban services, like health centers, schools, waste disposal and safe water supply. The limited budget, unclear compliance of the provisions of the UDHA, and reliance

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to the social insurance system finance housing needs significantly limit the access of the poor to housing assistance.

The PCUP reported that for the year 2009, it monitored a total of 54

demolition and eviction activities, both administrative and ordered by the Court. For 2010, 42 demolitions (administrative and court ordered) were conducted. Two (2) reported violations were reported. As of 2011, eleven (11) cases were monitored by the PCUP, with one demolition having a reported demolition.

To address this problem, it is proposed that the monitoring of demolition and eviction activities being conducted should be monitored by the Presidential Commission of the Urban Poor (PCUP). At present, there is now a draft Executive Order (EO) reverting the function of PCUP to be the sole clearing house before any eviction or demolition is implemented.


Notable improvements in the health outcome indicators have been observed

in the last few years. This can be attributed to the reforms in the health sector in general, and the higher budget allocation for health-related activities during the period, in particular.

However, access to health care services has been rather difficult. Women

living in poverty, adolescent women, rural and indigenous women are the ones most affected by the lack of access to reproductive health. According to statistics, an estimated 1.9 million unintended pregnancies occurred among women ages 15 to 49 years in 2008. In the same year, an estimated 560,000 abortions were performed with 1,000 women losing their lives. (Center for Reproductive Rights, 2010) This may have contributed to the increase in maternal deaths from 162 deaths per 100,000 livebirths in 2006 (Family Planning Survey) to 221 per 100,000 livebirths in 2011 (Family Health Survey). This could be avoided if more Filipino women have access to reproductive health information and health care.

Recent international conferences and protocols have acknowledged the

importance of reproductive healthcare, recognizing that it is inextricably linked to other basic human rights such as the right to life, the right to health, and the right to liberty and security of the person. Without access, women are left to suffer unattended complications, acquire sexually transmitted infections and are forced to turn to unsafe procedures.

On National Health Insurance Program (NHIP), the Philippine Health

Insurance Corporation (PhilHealth) has set the standard of 100% enrolment rate by 2013. Consequently, enrolment has expanded from 69.9 million Filipinos (74% of the total population) in 2010 to 78.4 million (82%) in 2011. It further increased to around 81.6 million (85%) in May 2012.

Currently, PhilHealth members are classified into 5 membership

types/programs namely: the employed sector program (private and government), individually paying program (IPP), the sponsored program (SP), the overseas workers program (OWP), and the lifetime member program. The SP is considered

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the heart of the NHIP as it provides health insurance coverage to poor families. The SP is subsidized both by the national and local government. Indigents belonging to the lowest 40% (Quintile 1 and 2) of the population in terms of income are enrolled under this program including the: (a) families listed under the National Household Targeting System-Poverty Reduction (NHTS-PR) of the DSWD; and (b) families identified poor by the sponsoring Local Government Units (LGUs). As of December 2011, 38.43 million poor Filipinos were already registered in the NHIP, which is 74 percent higher than the 22.09 million poor Filipinos registered in 2010. This likewise increased to 39.7 million in May 2012. The 5.2 million poor families identified under the NHTS-PR were as well enrolled in the program through full national government subsidy.

While the DOH and PhilHealth strive for the optimal financial risk protection

especially to the most vulnerable groups, there was only 19 percent of the total claims paid for the Sponsored Program (SP) as of 31 May 2012. This translates to a low utilization rate of 3 percent of the NHIP benefits among poor members. This therefore calls for more intensified awareness campaigns on the entitlements/benefits of the members.


Presidential Decree 442 as amended, otherwise known as the Labor Code of the Philippines governs employment practices and labor relations in the Philippines. It is currently under review to come up with new administrative guidelines and proposed legislative amendments for the promotion of decent work including the informal sector and respect for core labor standards. In fact the government has facilitated the enrolment of members of the informal economy not only in SSS but also in PhilHealth and Pag-ibig. Correspondingly, the National Statistical Coordination Board (NSCB) has adopted an official definition of the informal sector to facilitate measurement of contribution of the informal sector to the economy and to guide policies and programs in increasing productivity and promoting and protecting the welfare of the informal sector workers.

Further, under the Philippine Development Plan (PDP) 2011-2016 the Magna Carta for Domestic Workers (Kasambahay Bill) and the Magna Carta for Workers in the Informal Sector has been set as a priority agenda. The Kasambahay Bill aims to protect and promote the welfare of domestic workers and by providing realistic minimum wage and other benefits, such as SSS and PhilHealth, as well as implementing the use of contract to govern employer-employee relationship, among others. On the other hand, the Magna Carta for Informal Sectors seeks to address the development, rights and protection of the poor, marginalized, unprotected and underrepresented workers in the Informal Sector; to recognize their real economic value of their labor; and to provide standard registration and accreditation.


The Constitution mandates that the State shall protect and promote the right of all citizens to quality education at all levels. With the education sector and adhering to the EFA movements, however, priority is given to basic education (formal education and non-school-based learning or ALS) as a fundamental right.

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The Constitution further enunciates that primary/elementary education is free and compulsory, secondary education is not compulsory but also free in public high schools and those who cannot get accommodated in public schools may attend private schools with government subsidy. While the delivery of basic education services and its management rests in the Department of Education (DepEd), the level of budget allocated to the said agency reflects how basic education is given priority by the government.

Over the past years, the budget of the DepEd has consistently increased from PhP 109.5 billion in 2004 to PhP 238.8 billion for 2012. However, when combined with the budget allocation for tertiary education, the average national budget spending for education is just around 2 percent of the country’s gross national product, which is less than the 6 percent requirement of the UNESCO. Further, the share of DepEd budget to the national budget has declined from 13.62 percent in 2004 to 13.15 percent in 2012. Note that UNESCO also recommends that countries spend at least 20 percent of their national budget on education.

Within budget constraints, deliberate efforts to improve access and respond

to the increasing student population have been pursued by the DepEd through provision of critical resources to needy schools. As of June, 2012, around 22,335 new classrooms have been constructed, 12,661 new teachers have been hired, and 52.7 million textbooks have been delivered since 2011. The DepEd is pursuing to wipe-out resource shortages with the support of the private sector, local government units (LGUs), donor partners, civil society groups and other education partners. Likewise, to decongest public secondary schools, the DepEd implemented the Government Assistance to Students and Teachers in Private Education (GASTPE) program which is a form of financial assistance to poor but deserving elementary school graduates who cannot be accommodated in public schools due to congestions and wish to pursue secondary education in a private school. At present, the GASTPE comes in two modes, namely: the Education Service Contracting (ESC) scheme, wherein assistance is directed to participating private schools; and the Education Voucher System (EVS), wherein assistance is received by the students in the form of vouchers. As of 2011, a total of 697,708 students have benefited from the program.

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Percentage Share of DepEd’s Budget to the National Budget (2004-2012) Budget

2004

2005

2006

2007

2008

2009

2010

2011

2012

DepEd Budget (in billion Pesos)

109.5 112.0 121.6 137.3 149.2 174.5 174.9 207.27 238.8

Share of DepEd Budget to National Budget

13.62% 12.35% 12.74% 12.19% 12.16% 12.33% 11.35% 12.60% 13.15%

Source: Department of Education

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Over the past years, the budget of the DepEd has consistently increased from PhP 109.5 billion in 2004 to PhP 238.8 billion for 2012. However, this is just 2% of the GDP, which is less than the 6% requirement of the UNESCO.

Despite the increasing budget and other government efforts, resource shortages (i.e., classrooms, teachers, textbooks and desks) in many public schools continue to persist. At the start of school year (SY) 2009-2010, the DepEd reported shortages (unfunded) of 4,215 classrooms, 29,762 teachers and 3,021,009 school seats. Likewise, basic education performance based on key indicators (i.e., participation rate, cohort survival rate, school leaver rate and achievement rate) have either declined or showed very minimal improvement over the period 2004 to 2010.

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Basic Education Indicators (public and private)

Basic Education Indicators

2004 2005 2006 2007 2008 2009 2010

2011

Participation Rate (Net Enrolment Rate)

Elementary 87.11% 84.44% 87.90% 88.31% 89.12% 89.43% 89.89% 91.21%

Secondary 59.97% 58.54% 59.60% 59.88% 60.46% 59.86% 61.26% 62.00%

Cohort Survival Rate

Elementary 71.32% 70.02% 73.43% 75.26% 75.39% 74.38% 74.23% 73.46%

Secondary 78.09% 67.32% 77.33% 79.91% 79.73% 78.44% 79.43% 78.83% School Leaver Rate

Elementary 6.98% 7.36% 6.37% 5.99% 6.02% 6.28% 6.29% 6.38%

Secondary 7.99% 12.51% 8.55% 7.45% 7.45% 7.95% 7.79% 7.82%

Completion Rate

Elementary 69.06% 68.11% 71.72% 73.06% 73.28% 72.18% 72.11% 70.96% Secondary 72.38% 61.66% 72.14% 75.37% 75.24% 73.55% 75.06% 74.23% Achievement Rate

Elementary (Gr. 6)

58.73% 54.66% 59.94% 64.81% 65.55% 68.01% 68.15% 66.79%

Secondary* ('04 to 05- Y4; '06-Y2)

46.80% 44.33% 46.64% 49.26% 46.71% 45.56% 47.93% 48.90%

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The declining trend in basic education indicators represent not only the poor performance of the government in providing basic education services but more importantly, it reflects the reality that some children are not in school or are not receiving the quality education they deserve. This impinges on the children’s (and some adults alike) right to basic education which needs to be acted upon immediately by the government.

Based on the above, it is apparent that the budget for basic education may

not be enough to address the needs of the sub-sector or that funds are not appropriately utilized to make a significant impact. Given the reality that debt servicing receives higher budgetary appropriation than education, deliberate steps toward fiscal discipline especially on efficient utilization of the basic education budget should be taken. It should be well considered that increasing the education budget alone does not necessarily translate to expected outcomes and, thus, necessary reforms should be undertaken.

Given the chronic shortages in the traditional inputs in conventional delivery of basic education, the country has also started exploring and mainstreaming tested educational innovations whose delivery modes cut costs but increases clientele coverage and keep some quality standards. Thematic Objective 6

The Committee on Economic, Social and Cultural Rights (CESCR) expressed

its concern on the increase in the percentage of persons living below the official poverty line in 2007 in spite the high rate of economic growth, the wide regional disparities between the National Capital Region (NCR) and the poorest regions of the country (particularly, the Autonomous Region of Muslim Mindanao, where there are conflict areas), and the significant inequalities in income distribution, especially between urban areas and poor rural areas.

Further, CARAGA, ARMM and Region IX consistently posted the highest

poverty incidence among families in 2006 and 2009. This suggests a correlation between conflict and poverty in the areas. Accordingly, the national government has vigorously pursued social, economic and political reforms to address the root causes of armed conflict, particularly through reconciliation and reintegration of rebel groups, nurturing a positive climate for peace to prevent future hostilities, and pursuing development efforts side by side with peacekeeping endeavors. Thematic Objective 7

Achieving broad-based economic growth persists to be a major challenge for the Philippines. Experience of developing countries showed that where growth had been rapid and sustained for a considerably long period, incidence of poverty declined, alongside improvement in the indicators of human development (Chen and Ravallion 2007; Sachs 2005; Cline 2004; Deininger and Squire 1998). Development literature suggests that it is not the inequality in income distribution per se that is systematically related with growth, but rather the inequality in the distribution of physical assets, particularly land. Using land distribution as a proxy for the distribution of physical assets, Deininger and Squire (1998) showed that

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initial inequality of assets had a significant effect on subsequent growth both in the overall sample (of developed and developing countries).

Further to being a prerequisite to meaningful growth and poverty reduction, recent literature heralds the indirect contribution of agrarian reform in spawning democratic states (Newsweek 2008). “Land reform has often been thought of as a socialist project. But it is really the opposite. Properly done, the process for the first time puts land—the largest asset in most societies—into the marketplace. Most feudal elites acquired their land by dubious—and decidedly nonmarket—means, usually coercion or royal grants. These feudals rarely used their thousands of acres efficiently, often leaving them fallow. Land reform has tended to give ownership of the land to its users, who most often farm it efficiently or sell it to someone who can. The reforms are crucial in converting a backward peasant society into a modern capitalist one, which then creates the basis for civil society and democracy. The eminent economist-activist Hernando de Soto has argued that the chief obstacle to development in the Third World is the unwillingness of feudal elites and governments to give full-fledged property rights to their tenants and farmers.” The 1987 Constitution declared the promotion of comprehensive rural development and agrarian reform as State policy (Art 2, Sec 21; Art 13, Sec 4). On the other hand, RA 6657 Comprehensive Agrarian Reform Law of 1988 declared as State policy the institution of CARP to: (a) promote social justice, (b) move toward sound rural development and industrialization, and (c) establish owner-cultivatorship of economic-sized farms as the basis of Philippine agriculture (Ch1, Sec2). As defined in said law, AR is the redistribution of lands, regardless of crops or produce, to farmers and regular farmers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work. The main ingredients of land reform: land reform and the totality of factors of support services designed to lift the economic status of beneficiaries.

As of June 2009, the CARP has distributed a total of 7.4 M hectares of land which is 82 percent of the total land to be distributed under the program. The land distribution under the CARP has benefited 4.6 M agrarian reform beneficiaries (ARBs). With the enactment of Republic Act 9077 or the CARP Extension with Reform (CARPER), around 1.6 M hectares of land are to be distributed to approximately 1.2 M (ARBs).


Data from the Department of Labor and Employment (DOLE) showed that while compliance rate on labor standard inspection improved to 63.8 percent in 2010 from 36.7 percent in 2009 and 55.4 percent in 2008, this is way below the target of 75-85 percent. Also, a total of 27,439 establishments were found to have violated OSH standards from 2008 until 2010.

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Thematic Objective 9 The Philippines is rich in natural resources. It has fertile, arable lands, diverse flora and fauna, extensive coastlines, and rich mineral deposits. It boasts of many different kinds of natural water forms, such as bays, rivers, lakes, falls, gulfs, straits, and swamps. Because it is made up of islands, the country's coastline, if laid end-to-end, would measure around 17.5 thousand kilometers. Mineral resources abound in Philippine soil with mineral deposits classified into metals and non-metals. Its metal deposits are estimated at 21.5 billion metric tons, while non-metal deposits are estimated at 19.3 billion metric tons. Nickel ranks first in terms of deposits and size. This can be found in Surigao del Norte, Davao, Palawan, Romblon and Samar. Iron is found in Ilocos Norte, Nueva Ecija, Camarines Norte and Cotabato while copper is found in Zambales, Batangas, Mindoro, Panay andNegros. Among non-metal deposits, the most abundant are cement, lime, and marble. Other non-metals include asbestos, clay, guano, asphalt, feldspar, sulfur, talc, silicon, phosphate, and marble.

The mining industry plays a very important role in the country’s economic development. For one, the industry provides employment opportunities, directly or indirectly, to a significant portion of the population. The launching of a mining project spurs local and regional economic development as mining firms invest in road infrastructure, utilities, and other facilities within the mine site. Mining, likewise, contributes to the country's foreign-exchange earnings through exports. Furthermore, the industry provides additional revenues for the government through taxes and fees paid on mining and other related activities.

Contribution of Mining Industry to the Economy, 2007- Q2 2012

2007 2008 2009 2010 2011+ Q2 2012+

Gross Production Value

PhP97.41 Billion

PhP87.1 Billion

PhP106.1 Billion

PhP145.3 Billion

PhP163.2 Billion

PhP51.2 Billion

Contribution to GDP, in current prices (% to total GDP)

US$1.96 Billion (1.4%)

US$2.01 Billion (1.2%) PhP53.6 Billion (0.7%)

PhP65.8 Billion (0.7%)




Total Exports of Minerals and Mineral Products (% to total exports)

US$2.548 Billion (5.3%)

US$2.498 Billion (5.2%)

US$1.470 Billion (3.9%)

US$1.929 Billion (3.8%)

US$2.659 Billion (5.6%)

US$0.487 Billion (3.8%)

Taxes, Fees and Royalties

PhP10.4 Billion

PhP7.689 Billion

PhP12.380 Billion

PhP13.379 Billion

PhP17.363 Billion

PhP0.760 Billion

Employment in Mining and Quarrying

149,000 158,000 169,000 197,000 210,000 258,000

Source: Mines and Geosciences Bureau

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Nevertheless, mining activities involve operations that have significant impact on the environment. In most facets of the mining activities, there is always the potential for environmental and ecological problems -- from the construction of mining facilities, extraction of ore, and the processing of minerals.

Mineral resources are non-renewable. Once extracted, the ore is gone and may take a very long time to replenish. Mining activity, therefore, is faced with the sustainability issue. Serious implications may arise if this issue is not properly addressed. While the construction of the asset account for the other natural resources is undoubtedly important, it is more crucial for the minerals because of the exhaustibility of these resources.

Most of these mineralized lands are within the ancestral domains of the IPs.

Large-scale mining companies are all located within the ancestral domains of the IPs who comprise 17% of the total Philippine population. We need to balance two equally essential aspects of the national interest: that of economic growth through a revitalized mining industry, given the rich mineral endowment of the country, on one hand; and the protection of indigenous people’s rights that are recognized both in the national and international human rights agenda, on the other. Preserving the unique culture of the Philippines’ indigenous peoples is crucial to the national interest and to our national heritage. There is a need to harmonize arising areas of conflict in the implementation of the Mining Law and the Indigenous Peoples Rights Act (IPRA) and ensure inclusion of document ascertaining Free and Informed Prior Consent4.

4 National Commission on Indigenous People’s Administrative Order No. 1, Series of 2006. FPIC refers to the consensus of all concerned members of the ICC’s/IPS that is determined in accordance with their respective customary laws and practices free from any external manipulation, interference and coercion and obtained after fully disclosing the intent and scope of the project.

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Table 3.1 Situation Matrix

Human Rights Issues Duty- Bearers Claimholders Housing; Illegal demolition and eviction activities

PCUP DILG

HUDCC NHA

MMDA

Urban Poor Informal Sector

Access to health care services, especially reproductive health care; Increased coverage of PhilHealth

DOH PhilHealth

Women Other marginalized/vulnerable

sectors of society

Education; UNESCO standards on budget outlay for education not met

DepEd School children Teachers

Poverty; Poverty incidence in

armed conflict and poverty stricken areas

OPAPP

DSWD

People in armed conflict areas

Children in armed conflict

Adjudication of land disputes DAR DARAB

Farmers

Labor; Wage issues and occupational, health and safety concerns in the workplace

DOLE OSHC

Workers

Mining; conflicting provisions of the Mining Law and IPRA

DENR DENR MGB

Indigenous Peoples

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SECTION 3 Thematic Performance Targets


The integration of HRBA in our development and planning processes is

borne out of the fact that the Philippines is a signatory to various international human rights treaties. Being a State-party to these international human rights instruments, the Philippines has the obligation to adhere to these human rights standards and to mainstream the same in strategic development plans, project and activities. Thus, the following targets have been set:

Medium-term target: Issuance of an executive order to integrate the principles of the Human

Rights-Based Approach (HRBA) to national development planning and fiscal planning and in the formulation of national agency and local government plans.

Annual targets: Relative to the abovementioned medium-term target, the following shall be

the annual targets: 2012- Issuance of an Administrative order on the mainstreaming of HRBA

in local development planning; - All service agencies compliant with HRBA in their agency planning

and budgeting; 2013- HRBA piloted in 10% provincial local government units (LGUs)

inclusive of cities, municipalities and barangays within the area jurisdiction of the provinces;

2013- 2016 - National replication of HRBA at 10% of the provincial LGUs

each year.


The International Covenant on Economic, Social and Cultural Rights

(ICESCR), requires all State-parties to take measures towards guaranteeing the full enjoyment of economic, social and cultural rights for every individual. In compliance thereto, laws have been passed in order to promote and protect the enjoyment of economic, social and cultural rights of all Filipinos. To ensure that the same are strictly enforced, monitoring of these laws should be made. Likewise, a comprehensive review and possible amendment of certain laws on economic, social and cultural rights should be made if necessary.

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Further, in consonance with the Millennium Development Goal (MDG) on

improving the lives of 100 million slum dwellers globally, the housing construction sector should commit itself to provide security of housing and land tenure to every Filipino family for a better future.

Relative to the foregoing, as a measure in ensuring the rights of Filipinos to

adequate housing as provided for in Article 11 of the ICESCR, it is important to stress that instances of forced eviction are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law. In ensuring respect for such right, the following have to be pursued:

To intensify these, the following shall have to be pursued:

Medium-term targets:

ESCR-related national and local legislations amended adopting relevant human rights standards. In order to meet this target, strategies and tools will be designed and used in monitoring and assessing the enjoyment of ESC rights by individuals and groups with the right to housing as strategic entry point. The Philippine government targets to assist about 1.47 million households or one-fourth of the estimated 5.8 million housing need for the 2011-2016 period. On issues involving eviction, an Executive Order will be issued, reinforcing PCUP’s mandate as an oversight body prior to the conduct of eviction activities with clear guidelines protecting the rights of affected residents and communities.

Annual targets:

2012- ICESCR Regional consultations with claimholders conducted and appropriate local legislations passed by at least 10% of provinces per region; Inventory and review of all ESCR-related national legislations (in the areas of housing, health, education, labor, social security and other social and infrastructural services (e.g. water, electricity, etc).

2013- Fact finding/Investigation and Documentation of ESC rights violations conducted

Appropriate ESCR-related local legislations passed by at least 10% of provinces per region;

Monitoring of the implementation of national and local legislations passed.

2014- New relocation/resettlement sites for the marginalized and vulnerable sectors identified and developed;

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Monitoring of the implementation of national and local legislations

passed.

2015- Programs addressing the needs of slum dwellers identified in the National Slum Upgrading Strategy;



2016- Enhanced implementation and funding mechanism of housing laws

e.g. Comprehensive and Integrated Shelter Financing Act (CISFA);



2017- Intensified private-public participation in socialized housing

projects;


Impact evaluation of ESCR-related national and local legislations in terms of level of enjoyment of ESCR rights.

2016 - Appropriate ESCR-related local legislations passed by at least 10% of provinces per region.


The health sector’s performance is anchored on the Universal Health Care (UHC) or Kalusugan Pangkalahatan (KP). This is the Aquino Administration’s health agenda to ensure that all Filipinos, especially the poor, are able to access a reasonable level of health services at minimal cost by being enrolled in the NHIP; cared for in modern health care facilities; and prevented from falling ill by using public health services to improve health outcomes and attain health-related Millennium Development Goals (MDGs).

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The Directional Plan for Population 2011-2016 addresses the challenge of poverty alleviation involving fertility and parenting choices. Its long term goal is to contribute to improving the quality of life of all Filipinos through responsible parenting, better health and education, population outcome that are in harmony with available resources and sustainable environment conditions and reduction of poverty and inequalities in human development opportunities.

Further, under Article 12 of the ICESCR, it is the State-party’s obligation to

recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. In realizing the abovementioned goals, the next set of medium-term and annual targets are established:

Medium-term target:

To ensure that all Filipinos, especially the poor, are able to access quality health services at affordable cost by being enrolled in the NHIP.

To halve the incidence of maternal and infant mortality rates, in compliance with the MDG Goal of improving maternal health and reducing child mortality.

Annual target: 2012 - All NHTS-PR and informal sector are enrolled in the NHIP

2013 -2016 - 100% enrolment of all Filipinos in the NHIP 2012-2014 – A total of 2,784 of government health facilities upgraded: RHUs/Main Health Centers – 2,243 (86%) District Hospitals – 410 (71%) Provincial and City Hospitals – 88 (77%) DOH-retained Hospitals – 43 (57%)

2015 - Upgrading gap of government health facilities closed 2012-2016 – 22,500 Registered Nurses for Health Enhancement and Local

Service (RN Heals) are deployed 2013 -2016 – 100,000 Community Health Teams (CHTs) deployed to

inform and guide poor families on their health needs 2012 -2016 - 50% reduction of incidence in maternal and infant mortality

rates in 10%-20% of the provinces;

2012-2016 – 80% of public health hospitals with upgraded, adequate and quality reproductive health care services from public

hospitals and primary health facilities.

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To ensure that the rights of workers as embodied in the Labor Code of the

Philippines are enjoyed by the latter in the fullest extent and as a concrete step in providing full protection to members of the informal sector that is through the provision of adequate social benefits to the latter, the following medium-term target and annual targets are proposed:

Medium-term target:

By the end of 2016, the following should have been attained:

Improved OSH compliance, particularly in high risk industries, through

inspection, self-assessment and technical assistance visits;

Legislation passed mandating the enrolment under SSS among informal sector workers.

Annual targets:

2012 - Sustained dialogues to strengthen interaction and cooperation

between labor and management, to promote OSH programs at the enterprise level, particularly in industries identified as key employment generators or industry winners.

2012 - Inventory of non-compliant high-risk industries vis-à-vis OSH

standards and issuance of order for compliance.

2013 - 10%-20% of companies identified as high-risks are compliant with OSH standards;

Legislation/Implementing Rules and Regulations passed mandating

enrolment of the informal sector under the SSS. 2014 - 10%-20% of companies identified as high-risks are compliant with

OSH standards. 2015 - 10%-20% of companies identified as high-risks are compliant with OSH standards. 2016 - 10%-20% of companies identified as high-risks are compliant with OSH standards. 2014-2016 – 80% of the informal sector enrolled under the SSS.

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Thematic Objective 5: To increase budget allocation, in national and local budget, for educational services Towards upholding every Filipino’s right to education and fulfilling Constitutional commitments, the government should give utmost priority in improving the delivery of basic education services. Along this line, appropriate level of budget and efficient use of resources must be ensured. Thus, the following targets are proposed:

Medium-term target: Budget spending on education increased consistent with UNESCO standards of 6% of the GDP disaggregated by region, province and city/municipality Annual targets: 2012 - Baseline information established on percentage of share of education

in the GDP disaggregated by region, province and city/municipality.

2013- RA 4670 (The Magna Carta for Public School Teachers) amended. 2013-2016- 50% of the provinces (to include cities/municipalities within

the area jurisdiction) with annual increase in budgetary allocation for education by 50%.

2014-2016- Improved database on net enrolment and the gross enrolment

rates which show participation of children, both school-age and beyond school age in our formal and non-school-based learning programs or alternative learning systems (ALS), disaggregated by region, provinces and cities/municipalities.


The eradication of poverty has remained to be the country’s biggest challenge in many years. In the current Philippine Development Plan (PDP), several strategies have been made in order to address the same, such as the promotion of livelihood, strengthening of education, attainment of fiscal stability, decentralized development and achievement of national harmony among others. To realize these, the following targets have been identified, to wit:

Medium-term target:

Programs and projects implemented in poverty-stricken areas in 10

poor provinces focusing on “supply-side strategies” and “demand-side approaches” in order to increase decent and productive employment and to enhance inclusive job-rich growth.

37

Annual targets:

Relative to the abovementioned medium-term target, the following shall be the annual targets:

2012 - Engagement of concerned LGUs in 10 poor provinces with the PAMANA program of government and adoption of adequate and

appropriate implementation plan in the context of the economic, social, political and cultural conditions in the

provinces 2013 - Enhanced community-based poverty indicators for monitoring status and progress of the poor’s quality of life in target areas;

A data gathering and monitoring system on poverty incidence established.

2013 – 2016 - 80% of PAMANA target 43 provinces covering 218 municipalities and 3,500 conflict-affected barangays and 400,000 households with improved quality of life.

Thematic Objective 7: To enact a law making the Department of Agrarian Reform Adjudication Board (DARAB) as an independent body

Being the body that has primary jurisdiction in settling disputes, issues and

conflicts arising from the application of the CARP/CARPER, it is essential that the independence of DARAB in rendering its decisions is ensured. Thus, in realizing this, it is essential that the following are pursued:

Medium-term target:

Number of cases resolved arising from conflicts relative to the application of CARP/CARPER increased.

Annual targets:

2012- Legislation passed relative to the transfer of the Department of

Agrarian Reform Adjudication Board (DARAB) under the Supreme Court;

2014- Recommendations based on local/field experiences in order to ensure strict observance of the CARPER submitted and considered by DAR;

2015- MOA with DOJ, AFP, DND re: security & peace enforcement during farmer’s beneficiaries installation, reactivated;

2016- Land occupancy of installed farmer’s beneficiaries maintained;

Peace and security in installed areas regularly monitored.

38

Thematic Objective 8: To monitor the wage boards & regulatory agencies

Pursuant to Article 7 of the ICESCR, which establishes a right to a minimum remuneration for employment, stipulating fair wages sufficient to guarantee a decent living, it is essential that compliance to the aforesaid standard be made. In consonance thereto, the following targets must be observed:

Medium-term target:

Minimum wage compliance by corporations, firms, individuals and entities strictly monitored.

Annual targets:

2013- Sanctions imposed to those found violating the minimum wage set by wage orders.

2014-Increased number of labor inspectors to ensure compliance of companies, firms, individuals and entities of the minimum wage standards.

2015- Functional and effective mechanism for stricter implementation of labor standards compliant with the provisions of the ICESCR developed and enforced.

2015- Increased level of prosecution/conviction for violators of labor standards. Thematic Objective 9: to harmonize areas of conflict in the implementation of the provisions of the Mining Law & Indigenous Peoples’ Rights Act (IPRA)

Articles 1, 11, 12 and 15 of the ICESCR, emphasize on the right of the individual to health, on adequate living conditions, to enjoy culture, to participate in cultural life and to benefit from the scientific and technological progress serve as basis in the formulation of the following medium term and annual targets, viz:

Medium-term target:

Corporate Social Responsibility institutionalized in mining companies;

Review of the FPIC5 process; simplification and review of the NCIP Policies,

issuances and guidelines.

Annual targets:

2012- Information and education campaign/training in the implementation of corporate social responsibility conducted.

5 Philippine Development Plan 2011-2016, p. 250.

39

2013- Benefits to cover for electrification fund, development and livelihood

fund, reforestation, watershed management, health and/or environment enhancement fund to affected communities provided.

2013- Actual visits and conduct of interviews to beneficiaries/communities

where exploration, development and utilization of natural resources are conducted (2013-continuing).

40

Table 3.2 Performance Targets


Strategic Indicators Medium Target Annual Targets Adoption of an administrative policy that will institutionalize the Human Rights-Based Approach (HRBA) in development planning and budgeting.

Issuance of an executive order to integrate the principles of the Human Rights-Based Approach (HRBA) to local government plans.

2012- Issuance of an Administrative order on the mainstreaming of HRBA in local development planning; - All service agencies compliant with HRBA in their agency planning and budgeting. 2013- HRBA piloted in 10% provincial local government units (LGUs) inclusive of cities, municipalities and barangays within the area of jurisdiction of the provinces 2013-2016 - National replication of HRBA at 10% of the provincial LGUs each year


Strategic Indicators Medium Targets Annual Targets Amendment of laws relative to the promotion and protection of economic, social and

ESCR-related national and local legislations amended adopting relevant human rights standards. In order

2012- ICESCR Regional consultations with claimholders conducted and appropriate local legislations passed by at least 10%

41

cultural rights; Administrative issuance reinstituting the mandate of the Presidential Commission for the Urban Poor as clearing house.

to meet this target, strategies and tools will be designed and used in monitoring and assessing the enjoyment of ESC rights by individuals and groups with the right to housing as strategic entry point. For the next five years, the Plan projects provision of 1.47 million units of direct housing assistance, as envisioned by the PCUP. On issues involving action, an Executive Order will be issued, reinforcing PCUP’s mandate as a n oversight body prior to the conduct of eviction activities with clear guidelines protecting the rights of affected residents and communities.

of provinces per region - Inventory and review of all ESCR-related legislations ( in the areas of housing, health, education, labor, social security and other social and infrastructural services (e.g. water, electricity, etc.).

2014- Fact finding/Investigation and Documentation of ESC rights violations conducted - Appropriate ESCR-related local legislations passed by at least 10% of provinces per region - Monitoring of the implementation of national and local legislations passed

2013- New relocation/resettlement sites for the marginalized and vulnerable sectors identified and developed; 2014- Programs addressing the needs of slum dwellers identified in the National Slum Upgrading Strategy;

42

- Appropriate ESCR-related local legislations passed by at least 10% of provinces per region; - Monitoring of the implementation of national and local legislations passed;

- Enhanced implementation and funding mechanism of housing laws e.g. Comprehensive and Integrated Shelter Financing Act (CISFA)

2015- Intensified private-public participation in socialized housing projects - Appropriate ESCR-related local legislations passed by at least 10% of provinces per region - Impact evaluation of ESCR-related national and local legislations in terms of level of enjoyment of ESCR rights - Appropriate ESCR-related local legislations passed by at least 10% of provinces per region

Thematic Objective 3: To improve access to health care services, enhancing equity and quality of

43

health care and making health care services more affordable. Strategic Indicators Medium Target Annual Targets

Enacted health care measures to give access to health care, in particular to sexual and reproductive health.

To ensure that all Filipinos, especially the poor, are able to access quality health services at affordable cost by being enrolled in the NHIP.

2012 - All NHTS-PR and informal sector are enrolled in the NHIP 2013 -2016 - 100% enrolment of all Filipinos in the NHIP

2012-2014 – A total of 2,784 of government health facilities upgraded: RHUs/Main Health Centers – 2,243 (86%) District Hospitals – 410 (71%) Provincial and City Hospitals – 88 (77%) DOH-retained Hospitals – 43 (57%) 2015 - Upgrading gap of government health facilities closed 2012-2016 – 22,500 RN deployed 2013 -2016 – 100,000 CHTs deployed to inform and guide poor families on their health needs


Strategic Indicators Medium Target Annual Targets Implementation of Improved OSH compliance, 2012 - Sustained dialogues to

44

enhanced labor laws and social security act to safeguard the health of workers; Amendment of the Social Security Act to provide social security benefits for members of the informal sector.

particularly in high risk industries, through inspection, self-assessment and technical assistance visits; Legislation passed mandating the enrolment under SSS among informal sector workers.

strengthen interaction and cooperation between labor and management, to promote OSH programs at the enterprise level, particularly in industries identified as key employment generators or industry winners; 2012- Inventory of non-compliant high-risk industries vis-à-vis OSH standards and issuance of order for compliance. 2013- 10%-20% of companies identified as high-risks are compliant with OSH standards. Legislation/Implementing Rule and Regulations passed mandating enrolment of the informal sector under the SSS. 2014- 10%-20% of companies identified as high-risks are compliant with OSH standards. 2015- 10%-20% of companies identified as high-risks are compliant with OSH standards. 2016- 10%-20% of

45

companies identified as high-risks are compliant with OSH standards.

Thematic Objective 5: To increase budget allocation, in national and local budget, for educational services

Strategic Indicators Medium Target Annual Targets

Increased budget spending on education, consistent with UNESCO standard; 80-90% increase in selected performance indicators.

DepEd’s percentage share in the national budget increased consistent with UNESCO standards of 6% of the GDP disaggregated by region, province and city/municipality.

2012- Baseline information established on percentage of share of education in the GDP disaggregated by region, province and city/municipality. 2013- RA 4670 (The Magna Carta for Public School Teachers) amended.

2013-2016- 50% of the provinces (to include cities/municipalities within the area jurisdiction) with annual increase in budgetary allocation for education by 50%. 2014-2016 Improved database on net enrolment and the gross enrolment rates which show participation of children, both school-age and beyond school age in our formal and non-school-based learning programs or alternative learning systems (ALS).


46

Strategic Indicators Medium Target Annual Targets Implementation of programs and projects aimed towards alleviating the poverty situation of those living in poverty- stricken and armed conflict areas Creation of a database on poverty at the national and subnational level, disaggregated by sex, rural/urban, ethnic groups, etc.

Programs and projects implemented in poverty-stricken areas in 10 poor provinces focusing on “supply-side strategies” and “demand-side approaches” in order to increase decent and productive employment and to enhance inclusive job-rich growth.

2012- Engagement of concerned LGUs in 10 poor provinces with the “Payapa at Masaganang Pamayanan” (PAMANA) program of the government and adoption of adequate and appropriate implementation Plan in the context of the economic, social, political and cultural conditions in the provinces. 2013- Enhanced community-based poverty indicators for monitoring status and progress of the quality of life of those living in poverty in target areas; - Data gathering and monitoring system on poverty incidence established. 2013-2016- 80% of PAMANA target 43 provinces covering 218 municipalities and 3,500 conflict affected barangays and 400,000 households with improved quality of life.

Thematic Objective 7: Enactment of a law making the Department of Agrarian Reform Adjudication Board (DARAB) as an independent body

Strategic Indicators Medium Target Annual Targets Passage of legislation Number of cases resolved 2012- Legislation passed relative to

47

making DARAB as an independent adjudicating body; Strict enforcement of the provisions of CARPER.

arising from conflicts relative to the application of CARP/CARPER increased.

the transfer of the Department of Agrarian Reform Adjudication Board (DARAB) under the Supreme Court. 2014-Recommendations based on local/field experiences in order to ensure strict observance of the CARPER submitted and considered by DAR. 2015- MOA with DOJ, AFP, DND re: security & peace enforcement during farmer’s beneficiaries installation, reactivated. 2016- Land occupancy of installed farmer’s beneficiaries maintained.

Thematic Objective 8 : To monitor the wage boards & regulatory agencies Strategic Indicators Medium Target Annual Targets

48

Government mechanisms that guarantee compliance with the labor standards and labor relations provisions of the Labor Code of the Philippines are established.

Minimum wage compliance by corporations, firms, individuals and entities strictly monitored.

2013- Sanctions imposed to those found violating the minimum wage set by wage orders. 2014- Increased number of labor inspectors to ensure compliance of companies, firms, individuals and entities of the minimum wage standards. 2015- Functional and effective mechanism for stricter implementation of labor standards compliant with the provisions of the ICESCR developed and enforced. 2015- Increased level of prosecution/conviction for violators of labor standards.

Thematic Objective 9: To harmonize areas of conflict in the implementation of the provisions of the Mining Law & Indigenous Peoples’ Rights Act (IPRA)

Strategic Indicators Medium Target Annual Targets Benefits derived by the affected communities/families/elderly/ individuals from the exploration, development and utilization of natural

Corporate Social Responsibility institutionalized in mining companies.

2012-Information and education campaign/training in the implementation of corporate social responsibility conducted. 2013- Benefits to cover for electrification fund, development and livelihood fund, reforestation, watershed management, health and/or environment enhancement fund to affected

49

resources.

communities provided. 2013- Actual visits and conduct of interviews to beneficiaries/communities where exploration, development and utilization of natural resources are conducted (2013-continuing).

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SECTION 4 Program of Action


To mainstream the HRBA in the development and planning processes, the

following programs/projects/activities will be pursued:

NEDA, DILG, RDCs to conduct a series of HRBA workshops for the planning offices of LGUs from 2nd quarter of 2012 onwards.

NEDA to integrate/reflect principles of HRBA in the annual updating of the Philippine Development Plan (PDP).

Thematic Objective 2: To review and monitor existing legislation related to the promotion and protection of economic, social and cultural rights

While there are already a number of laws existing for the promotion and protection of economic, social and cultural rights, their enforcement is something that has to be ensured. Labor standards under the Labor Code of the Philippines for example, which relate to the minimum requirements on wages, hours of work, cost of living allowances, and other monetary and welfare benefits including occupational safety and health standards, has to be assured. Laws such as the Magna Carta on Women, the Anti Violence against Women and Children Act Thus, and other relevant laws that advance ESC rights should therefore be strictly monitored for their implementation.

Further, Article 11 of the ICESCR recognizes the right of everyone to an

adequate standard of living for himself and his family. Being a State-party to the covenant, the Philippines has to take appropriate steps to ensure the realization of this right.

Relative to the foregoing, the following programs, activities and projects (PAPs) shall be observed:

Comprehensive review as to the implementation of the existing laws on economic, social and cultural rights (2nd Quarter, 2012)

Report on the number of existing violations of economic, social and cultural rights, to be undertaken by the CHRP (2nd Quarter, 2012)

Awareness campaign on economic, social and cultural rights by

NEDA, CHRP and PHRC (2nd Quarter, 2012)

51

CHRP, PHRC, PhilJA, to conduct training programs for judges, court attorneys, lawyers and public officials on the justiceability of economic, social and cultural rights violations (3rd Quarter, 2012)

NEDA, being the lead agency in the coordination of the ICESCR with

other government offices, shall conduct a study on the possible ratification of the Optional Protocol to the ICESCR (OP-ICESCR) (3rd Quarter, 2012)

Consultations with concerned agencies, civil society organizations

and academe in order to reach a consensus on the propriety of the ratification or signing by the Philippines of the OP-ICESCR (4th Quarter, 2012)

RA No. 7279 (UDHA) and EO 708 revisited, such as provisions of the former that are considered anti-poor and strengthen the provisions that protect the welfare of the urban poor

To formulate an action plan that shall implement the National Urban Development and Housing Framework (NUDHF) 2009-2016, to achieve urban competitiveness and sustainability, housing affordability and poverty alleviation, (2nd Quarter, 2012)

Implement the National Slum Upgrading Strategy through a National

Slum Improvement Action Plan for 2011-2016 that comprise specific targets, programs, and activities that provide secured tenure to urban informal settlers, especially in danger areas (2nd Quarter, 2012)

Conduct of consultations with stakeholders nationwide to validate

the demand and determine the scope and considerations for the law providing budget for resettlement areas for those affected by eviction. The agencies and organizations responsible for this activity are the HUDCC, NHA and the PCUP. (2nd Quarter, 2013)

Lobby/establish linkages with other rights-bearers to support the

creation of the Department of Housing

Lobby for the issuance of EO reverting the function of the PCUP to be the sole clearing house before any eviction or demolition is implemented


State-parties to the ICESCR recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Article 12 of the ICESCR reflects the steps that need to be undertaken to achieve the full realization of this right.

52

To achieve the Universal Health Care/Kalusugang Pangkalahatan, the following program, activities and projects shall be implemented, viz:

Review/assessment of the implementation of the Local Government Code (LGC) provisions on health care delivery to serve as basis for drafting amendments to the LGC with the end in view of improving the delivery of health care services at the local level;

Provision of Incentive Mechanisms for LGUs which consider health services as priority program;

Adoption of the Health Care Financing Strategy;

Amendment of RA 7875 or the Philippine National Health Insurance

Act of 1995, for the national government to cover the full premium of sponsored members;

Identification/Adoption of Measures to Strengthen NHIP

implementation by expanding enrolment coverage, improving the benefit package and leveraging payment on quality care;

Restructuring of Excise or Sin Taxes of Alcohol and Tobacco;

Review/ Assessment of Health Programs and Projects particularly

on Reproductive Health;

Amendment of selected laws governing practice of health professionals.


To achieve the effective implementation of labor standards and labor

relations, the following programs, projects and activities (PAPs) shall be implemented:

Review of the implementation of existing labor legislation enforcing

health and safety standards at work, results of which shall serve as bases for amending the provisions of the Labor Code to be conducted by DOLE (2nd – 3rd Quarter, 2012);

Monitor the implementation of the 2004 Labor Standards Enforcement Framework by DOLE (2nd Quarter, 2012);

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Resource mobilization to increase resources of DOLE for regular and independent inspections to ensure compliance with Occupational Health and Safety Standards;

Strengthen existing network to improve implementation and

monitoring of enforcement of labor laws;

Lobby for the amendment of the Social Security Act to expand its coverage and to improve the benefits for the informal sector, including domestic helpers (2nd Quarter, 2013);

Conduct of studies (e.g., collection of SSS premiums in upland and

remote areas), the results of which shall serve as basis for the amendment of the Social Security Act (3rd Quarter, 2012).

Thematic Objective 5: To increase budget allocation, in national and local budget, for educational services

Contributory to the enactment of a law imposing a bigger budget allocation

for basic education, policy and program-level efforts of national coverage need to be strengthened.

At the policy level, amendments to the following legislations related to

educational resource allocations shall be pursued:

Amendment of the Magna Carta for Public School Teachers or RA 4670;

Teacher Education and Development Program (TEDP);

Application of School-based Management, allowing teachers to

participate in the school governance and to reflect the teachers’ role in school-community partnership;

Institutionalize a “Quality Assurance and Accountability

Framework;”

Amend provisions of the Local Government Code to make the same more responsive to local policy initiatives on basic education management;

Amend RA 7880 (Act Providing for the Fair and equal Distribution of

the Department of Education, Culture and Sports’ Budget for Capital Outlay);

Institutionalize the multi-year budgeting approach in DepEd;

Conduct of a study on the utilization of the SEF among LGUs;

54

Creation of a database that will monitor education performance indicators.


To reduce poverty incidence in hunger stricken and armed conflict areas, the following strategies will be undertaken:

Expand target areas to include disaster-prone localities calamity-prone regions and low-agricultural production areas and an improved database on areas stricken by hunger and armed conflict by the 1st Quarter of 2012 through the enactment of laws improving conditions of poverty, enforced measures aimed at alleviating hunger, and initiated micro-financing programs in support of the livelihood of the poor;

Apply targeting mechanisms, including indigenous peoples (IPs), by the 1st Quarter of 2012;

Develop and deliver component services by the 1st Quarter of 2012;

Mobilize and implement funding by the 1st Quarter of 2012;

Set up accountability and monitoring system by the 1st Quarter of

2012;

Implement provision 5.3 of the Right to Food Guidelines initiated by the UN Food and Agriculture Organization for the Philippines by appointing a specific institution with overall responsibility for overseeing and coordinating the application of the said guidelines by the 1st Quarter of 2012;

Implement provision 5.4 of the said Guideline by including into the

Anti-Hunger Task Force of the current administration the increased participation of civil society groups for effective right to food policy and planning by the 1st Quarter of 2012;

Creation of an enhanced database, which shall include key

demographic and economic statistics that will help in setting out targets for poverty reduction and to monitor the rate at which the targets are being reached (4th Quarter, 2012).

Thematic Objective 7: Enactment of a law making the Department of Agrarian Reform Adjudication Board (DARAB) as an independent body

To ensure DARAB’s independence in rendering decisions in land disputes,

the following is hereby proposed: Passage of a law that will transfer DARAB from the jurisdiction of the

Department of Agrarian Reform to the Supreme Court;

55

Monitoring of the strict implementation of the IRR of the CARPER Law by the Congressional Oversight Committee on Agrarian Reform;

Provide support services to CARPER beneficiaries by the

Department of Agrarian Reform;

Strengthen the Land Installation Taskforce through the coordinated efforts of the AFP, PNO-RMG, the Department of Agrarian Reform Regional Offices, Provincial Agrarian Reform Offices and the Municipal Agrarian Reform Offices. Thematic Objective 8: To monitor the wage boards & regulatory agencies

In order to have a functional and effective monitoring mechanism on wage boards, the following will be pursued:

DOLE, NWPC, DTI, NEDA and RTWPB to conduct a study on proper wage standards (1st Quarter of 2012);

DOLE to conduct consultations with respect to their respective

responsibilities in ensuring fair labor standards in the workplace by the (2nd Quarter of 2012);

Establishment of a database on statistics and records of compliance

and non-compliance of labor standards with DOLE being the responsible party (2nd Quarter, 2012).

Thematic Objective 9: To harmonize areas of conflict in the implementation of the provisions of the Mining Law & Indigenous Peoples’ Rights Act (IPRA)

The DENR should lead the aggressive monitoring of issues and concerns on

natural resources, particularly minerals, with the assistance from the concerned national government agencies/local government units. Likewise, support of civil society organizations (CSO) on the matter would be of greater value to the lead/principal agency tasked with overseeing adherence to the law and other related agreements. This effort should be sustained to ensure that human rights and the environment are protected.

Following are the specific actions that will be undertaken: Continue to address issues/concerns raised on mining activities.

This will be a continuing activity with the Mining Industry Coordination Council (MICC) as lead agency for this undertaking;

Continue efforts to make the Philippines a candidate to Extractive Industries Transparency Initiative (EITI). The principal agencies will include MICC and DFA;

56

Delineate areas open or close to mining. Submit to NAMRIA the list of areas closed to mining operations for inclusion in the integrated map in accordance with Section 19 of the Executive Order No. 79. The principal agencies will include the DENR, NCIP, NAMRIA and LGUs (3rd Quarter, 2012);

Identify conflict zones within existing and future mining areas and

develop guidelines on conflict, resolution, mediation, and negotiation in addressing the same. The principal agency will be NCIP, DENR-MGB, DILG, DND and other concern stakeholders

Monitor compliance of mining firms with existing laws, rules and regulations. The principal agencies will include the DENR, NCIP, DOLE and CHR. This will be a continuing activity;

Continue linkages with major stakeholders to provide regular

avenues for continuing discussions on mining issues. DENR will continue to enter into agreements and develop partnerships with industry, media, organizations/institutions for the conduct of discussions, for a, consultations, etc. The principal agencies will include the DENR, PIA, other concerned agencies, industry groups/associations, media organizations/institutions. This will be a continuing activity;

Promote the Social Development and Management Program (SDMP)

of mining projects. The activities will include the implementation of the SDMP requirement for mining projects and conduct of IEC on the SDMP provisions of the Mining Act. The principal agency will be the DENR. This will be a continuing activity;

Promote Corporate Social Responsibility (CSR) within the mining industry. The activity will focus on the conduct of IEC and training in the implementation of CSR. The principal agency will be the DENR. This will be a continuing activity;

Continue to address the lack of transparency in government

processes. The activities will include the conduct by the DENR of regular meetings/discussions with other government agencies and all stakeholders; and the development/enhancement and implementation of organizational policies to provide guidance on accountability and management obligations. The areas to be covered will include both the national and local. The principal agency will include the DENR and industry groups/associations. This will be a continuing activity;

Continue to address the problem of illegal collecting, specimen

smuggling and material repatriation. The activities will include the following:

a. Vigilant monitoring by law enforcement agencies of collecting efforts particularly those involving foreign scientists and institutions, and tourists. Agencies including local police, wildlife monitoring offices, customs and quarantine offices should be familiar with relevant provisions of various laws;

57

b. Less tedious collecting permit system for projects involving Filipino scientists and institutions or foreign-initiated projects involving Filipino collaborators in order to encourage the research efforts of home-grown scientists which oftentimes are undermined by unscrupulous, competing foreign entities who collect in the country anonymously;

c. Repatriation of relevant Philippine materials, especially those

obtained illegally, invoking Philippine and international biodiversity laws.

Implementation of community development initiatives in host communities by mining companies, with the Minerals Development Council being the responsible party. This shall be a continuing activity;

Streamline and improve the FPIC and certificate precondition process. The principal agency will be NCIP, DENR-MGB and DILG. It should be noted that as per DENR-AO 2012-07, Section 16, addresses the concern on the simplification of guidelines through the creation of a one-stop shop for all mining applications and procedures.;

Formulate mechanisms and clear guidelines to monitor Human

Labor Rights and develop operational linkages to assist victims and take appropriate action against violators. The principal agencies will include DENR-MGB, CHR, DOLE and DOJ;

Ensure proper working and safety conditions for mine workers and

people from nearby communities; including grant of benefits to mine workers (i.e. PhilHealth, Pag-Ibig, SSS, Hazard Pay, and Insurance). The principal agency will be DOLE, DENR-MGB and DSWD;

Review of the FPIC process; simplification of the NCIP rules,

guidelines, issuances.

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59

Table 3.3 Programs/Activities/Projects


Adoption of an administrative policy that will institutionalize the Human Rights Based Approach (HRBA) in development planning and budgeting

Thematic Performance Target Thematic Performance Target

Coverage

Responsible Stakeholders

Target Dates

Expected Outputs

Medium Term Target

Annual Target Programs/Activities/Projects

Duty bearers

Claimholders

Issuance of an executive order to integrate the principles of the Human Rights-Based Approach to national development planning and fiscal planning and in the formulation of national agency and local government plans

(2012)Issuance of an Administrative Order on the mainstreaming of HRBA in local development planning (2013)HRBA piloted in 10% provincial local government units (LGUs) inclusive of cities, municipalities and barangays within the area of jurisdiction of provinces

Conduct a series of HRBA workshops for the planning offices of LGUs Integrate and reflect principles of HRBA in the annual updating of the Philippine Development Plan

Inter-regional National

NEDA DILG RDCs NEDA

Local Planning officers

2nd Quarter,2012 Annual

Planning Offices of LGUs HRBA-capacitated PDP updating, HRBA-compliant

60

2013-2016 National replication of HRBA at 10% of the provincial LGUs each year

61

Thematic Objective 2:

To review and monitor existing legislation related to the promotion and protection of economic, social and cultural rights

Thematic Performance Target Thematic Performance

Target

Coverage


Target Dates

Expected Outputs

Medium Term Target


Duty bearers

Claim holders

ESCR-related national and local legislations amended adopting relevant human rights standards. In order to meet this target, strategies and tools will be designed and used in monitoring and assessing the enjoyment of ESC rights by individuals and groups with the right to housing as

(2012)ICESCR Regional consultations with claimholders conducted and appropriate local legislations passed by at least 10% of provinces per region (2012) Inventory and review of all ESCR-related national legislations (in the areas of housing, health, education, labor, social security and other social and infrastructural services, e.g.

Comprehensive review as to the implementation of the existing laws on economic, social and cultural rights Report on the number of existing violations of economic, social and cultural rights Awareness campaign on economic, social and cultural rights Training on the justiceability of

National National National

Congress

CHRP

NEDA CHRP PHRC

Marginalized and vulnerable sectors

Marginalized and vulnerable sectors Marginalized and vulnerable sectors

2nd Quarter, 2012 2nd Quarter, 2012

2nd Quarter, 2012

ESC laws reviewed/amended Comprehensive report on ESC violations Awareness and advocacy campaign conducted

62

strategic entry point. For the next five years, the Plan projects provision of 1.47 million units of direct housing assistance as envisioned by PCUP. On issues involving eviction, an Executive Order will be issued, reinforcing PCUP’s mandate as an oversight body prior to the conduct of eviction activities with clear guidelines protecting the rights of affected residents and

water, electricity, etc. (2014) Fact finding/Investigation and Documentation of ESC rights violations conducted (2013) New relocation/resettlement sites for the marginalized and vulnerable sectors identified and developed

(2014) Programs addressing the needs of slum dwellers identified in the National Slum Upgrading Strategy (2014) Appropriate ESCR related local legislations

ESC rights for judges, court attorneys, lawyers and public officials Conduct a study on the possible ratification of the Optional Protocol to the ICESCR Consultations with concerned agencies, civil society organizations and academe in order to reach a consensus on the propriety of the ratification or signing by the Philippines of the OP-ICESCR


CHRP PHRC PhilJa

NEDA NEDA PHRC

Members of the Bar and Bench Marginalized and vulnerable sectors

CSOs Academe


3rd Quarter,2012 3rd Quarter, 2012 4th Quarter, 2012

Trainings on ESC justiceability conducted Study on the Optional Protocol to the ICESCR conducted Consultations on OP-ICESCR conducted

63

communities.

passed by at least 10% of provinces per region (2014) Monitoring of the implementation of national and local legislations passed

(2014) Enhanced implementation of and funding mechanism of housing laws e.g. Comprehensive and Integrated Shelter Financing Act (CISFA) (2015) Intensified private-public participation in socialized housing projects (2015) Appropriate ESCR-related local legislations

RA 7279 and EO 708 revisited, such as provisions of the former that are considered anti-poor and strengthen the provisions that protect the welfare of the urban poor To formulate an action Plan that shall implement the National Urban Development and Housing Framework (NUDHF) 2009-2016, to achieve urban competitiveness and sustainability, housing affordability and poverty alleviation

Implement the

National National

Congress

Senate PCUP NHA HUDCC PCUP NHA HUDCC


1st Quarter of 2012 2nd Quarter 2012

RA 7279 and EO 708 revisited/amended Action Plan developed and implemented

64

passed by at least 10% of provinces per region Impact evaluation of ESCR-related national and local legislations in terms of level of enjoyment of ESCR rights (2016) Appropriate ESCR-related local legislations passed by at least 10% of provinces per region

National Slum Upgrading Strategy through a National Slum Improvement Action Plan for 2011-2016 that comprise specific targets, programs and activities that provide secured tenure to urban informal settlers, especially in danger areas

Conduct of consultations with stakeholders nationwide to validate the demand and determine the scope and considerations for the law providing budget for resettlement areas for those affected by eviction

National Inter-regional

PCUP NHA HUDCC PCUP NHA HUDCC



National Slum Upgrading Strategy implemented Nationwide consultations conducted

65

Lobby/establish linkages with other rights-bearers to support the creation of the Department of Housing

Lobby for the issuance of EO reverting the function of the PCUP to be the sole clearing house before any eviction or demolition is implemented

National National

NHA HUDCC Congress

Senate

Urban and informal settlers Urban and informal settlers


Linkages with other rights-bearers established Lobby groups organized

66


To improve access to health care services, enhancing equity and quality of health care and making health care services more affordable.

Thematic Performance Target Thematic

Performance Target

Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

To ensure that all Filipinos, especially the poor, are able to access quality health services at affordable cost by being enrolled in the NHIP

(2012) All NHTS-PR and informal sector are enrolled in the NHIP (2013-2016) 100% enrolment of all Filipinos in the NHIP

(2012-2014) A total of 2,784 of government health facilities upgraded: RHUs/Main Health Centers – 2,243 (86%) District Hospitals – 410 (71%)

Review/assessment of the implementation of the Local Government Code (LGC) provisions on health care delivery to serve as basis for drafting amendments to the LGC with the end in view of improving the delivery of health care services at the local level Provision of Incentive Mechanisms for LGUs which

National National

DOH DILG DOH DILG LGUs

Women Children Marginalized and vulnerable

4th Quarter 2012 Continuing

LGC provisions on health care delivery reviewed Incentive Mechanisms for LGUs formulated

67


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

Provincial and City Hospitals – 88 (77%) DOH-retained Hospitals – 43 (57%) (2015) Upgrading gap of government health facilities closed (2012-2016) 22,500 RN Heals are deployed (2013-2016) 100,00 CHTs deployed to inform and guide poor families on their health needs

consider health services as priority program Adoption of Health Care Financing Strategy Amendment of RA 7875 or the Philippine National Health Insurance Act of 1995 Identification/Adoption of measures to strengthen NHIP implementation by expanding enrolment coverage,


DOH DILG LGUs Congress

Senate DOH DOLE

sectors Marginalized and vulnerable sectors Marginalized/Vulnerable sectors Marginalized/Vulnerable/Informal sectors

1st Quarter 2012 2nd Quarter 2012 1st Quarter, 2013

and implemented Health care Financing Strategy adopted RA 7875 amended Measures strengthening NHIP implementation identified

68


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

improving the benefit package and leveraging payment on quality care Review/Assessment of Health Programs and Projects particularly on reproductive health Lobby for the amendment of the Social Security Act to expand its coverage and to improve the benefits for the informal sector Conduct of studies (e.g. collection of


DOH DOLE SSS

DOLE

Marginalized/Vulnerable sectors Members of the Informal Economy Members of informal

1st Quarter, 2013 2nd Quarter, 2013 3rd Quarter

Health programs and projects on reproductive health reviewed/assessed Lobby groups organized Studies conducted

69


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

SSS premiums in upland and remote areas) the results of which shall serve as basis for the amendment of the Social Security Act

sector Marginalized and vulnerable groups

, 2012


To review all existing legislation enforcing health and safety at work in order to ensure the right of workers to safe & healthy work conditions, and social security benefits for workers in the informal sector

Thematic Performance Target Thematic

Performance Target

Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

Improved OSH compliance, particularly in high risk industries, through inspection,

(2012) Sustained dialogues to strengthen interaction and cooperation between labor and management

Review of the implementation of existing labor legislation enforcing health and safety standards at

National

DOLE

Workers

2nd-3rd Quarter, 2012

Labor legislation on health and safety standards at work reviewed

70


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

self-assessment and technical assistance visits; Legislation passed mandating the enrolment under SSS among informal sector workers

to promote OSH programs at the enterprise level, particularly in industries identified as key employment generators or industry winners (2012) Inventory of non-compliant high-risk industries vis-avis OSH standards and issuance of order for compliance (2013) 10-20% of companies identified as high-risks are compliant with OSH standards (2013)

work, results of which shall serve as bases for amending the provisions of the Labor Code

Lobby for the amendment of the Social Security Act to expand its coverage and to improve the benefits for the informal sector Conduct of studies (e.g. collection of SSS premiums in upland and remote areas) the results of which shall serve as basis for the amendment of the Social Security Act

National National

DOLE SSS DOLE

Members of the informal economy

Members of Informal Sector Marginalized and vulnerable groups

2nd Quarter,2013 3rd Quarter, 2012

Lobby groups organized Studies conducted

71


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

Legislation/Implementing Rules and Regulations passed mandating enrolment of the informal sector under the SSS (2014)10%-20% of companies identified as high-risks are compliant with OSH standards (2015) 10%-20% of companies identified as high risks are compliant with OSH standards (2016) 10%-20% of companies identified as high-risks are complaint with

Monitor the implementation of the 2004 Labor Standards Enforcement Framework Resource mobilization to increase resources of DOLE for regular and independent inspections to ensure compliance with Occupational Health and Safety Standards Strengthen existing network to improve implementation/ monitoring of


DOLE DOLE DOLE OSHC

Workers Workers and employers Workers

2nd Quarter,2012 Continuing Continuing

Implementation of 2004 Labor Standards Enforcement Framework monitored Increased resources of DOLE

Improved implementation and monitoring of labor laws

72


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

OSH standards

labor laws

73


To increase budget allocation, in national and local budget, for educational services


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

DepEd’s percentage share in the national budget increased consistent with UNESCO standards of 6% of the GDP disaggregated by region, province and city/municipality

(2013) RA 4670 (Magna Carta for Public Teachers) amended (2013-2016) 50% of the provinces (to include cities/municipalities within the area jurisdiction) with an annual increase in budgetary allocation for education by 50% (2014-2016) Improved database on net enrolment and the gross enrolment rates which show

Amendment of the Magna Carta for Public School Teachers or RA 4670 Teacher Education and Development Program Application of school-based management allowing teachers to participate in the school governance and to reflect the teacher’s role in school-


Congress Senate DepEd DepEd DepEd

Teachers

Teachers

Teachers

2nd Quarter,2012 Continuing 3rd Quarter,2012

RA 4670 Amended Teacher Education and Development Program School-based management applied

74

participation of children, both school-age and beyond school age in our formal and non-school based learning programs or alternative learning systems (ALS)

community partnership Institutionalize a “Quality Assurance and Accountability Framework” Amend provisions of the Local Government Code to make the same more responsive to local policy initiatives on basic education management Amend RA 7880 (Act Providing for the Fair and Equal Distribution of the Department of Education, Culture and Sports’ Budget for Capital Outlay)


DepEd Congress

Senate Congress

Senate

Teachers

Teachers

Teachers

Continuing 3rd Quarter, 2012 3rd Quarter, 2012

QAAF institutionalized LGC provisions on education amended RA 7880 amended

75

Institutionalize the multi-year budgeting approach in DepEd Conduct a study on the utilization of the SEF among LGUs Creation of a database that will monitor education performance indicators

National Inter-regional National

DepEd DBM DepEd DILG LGUs DepEd

Teachers

Teachers

School children

2nd Quarter, 2012 4th Quarter, 2012 3rd Quarter, 2012

Multi-year budgeting approach institutionalized

Study conducted

Database created

76


To implement programs and projects targeting poverty stricken and armed conflict areas


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

Programs and projects implemented in poverty-stricken areas in 10 poor

(2012) Engagement of concerned LGUs in 10 poor provinces with the “Payapa at

Expand target areas to include disaster-prone localities/calamity-prone regions and low-

NCR Region I Region II Region III Region IVA & IVB

House of Representatives Senate DSWD OPAPP

Marginalized/Vulnerable sectors

1st Quarter 2012

Laws enacted alleviating

conditions of poverty in target areas

77


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

provinces focusing on “supply-side strategies” and “demand-side approaches” pursued, in order to increase decent and productive employment and to enhance inclusive job-rich growth

Masaganang Pamayanan (PAMANA)”program of the government and adoption of adequate and appropriate implementation Plan in the context of the economic, social, political and cultural conditions in the provinces (2013) Enhanced community-based poverty indicators for monitoring status and progress of the poor’s quality of life in target areas (2013) A data

agricultural production areas and an improved database on areas stricken by hunger and armed conflict through the enactment of laws improving conditions of poverty, enforced measures aimed at alleviating hunger and initiated micro-financing programs in support of the livelihood of the poor Apply targeting mechanisms, including indigenous peoples

Region V Region VIII Region X, Region XII, ARMM National

DSWD NCIP


1st Quarter of 2012

Targeting mechanism applied Component services delivered

78


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

gathering and monitoring system on poverty incidence established (2013-2016) 80% of PAMANA target 43 provinces covering 218 municipalities and 3,500 conflict affected barangays and 400,000 households with improved quality of life

Develop and deliver component services

Set up accountability and monitoring system

Implement provision 5.3 of the Right to Food Guidelines initiated by the UN Food and Agriculture Organization for the Philippines


DSWD NCIP DSWD DSWD DA

Marginalized and vulnerable sectors Marginalized and vulnerable sectors Marginalized and vulnerable sectors Marginalized and

1st Quarter of 2012 1st Quarter of 2012 1st Quarter of 2012

Component services delivered

Accountability and monitoring system established Appointment of a specific institution responsible for the coordination/application of the guidelines of provision 5.3 of the Right to Food Guidelines

Involvement/participation

79


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

Implement provision 5.4 of the said Guideline by including into the Anti-Hunger Task Force

Creation of an enhanced database, which shall include key demographic and economic statistics that will help in setting out targets for poverty reduction and to monitor the rate at which the targets are being reached

National National

DSWD DA NSCB DSWD

vulnerable sectors Marginalized and vulnerable

sectors

1st Quarter of 2012 4th Quarter, 2012

of CSOs/BSOs in the right to food policy and Planning Database created

80


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

81


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

82


Enactment of a law making the Department of Agrarian Reform Adjudication Board (DARAB) as an independent body.


Coverage


Target

Dates Expected Outputs

Medium Term Target


Dutybearers Claimholders

Number of cases resolved arising from conflicts relative to the application of CARP/CARPER increased

(2012) Legislation passed relative to the transfer of DARAB from the Department of Agrarian Reform to the Supreme Court (2014) Recommendations based on local/field experiences in order to ensure strict observance of the CARPER submitted and considered by

Passage of a law that will transfer DARAB from the jurisdiction of the Department of Agrarian Reform to the Supreme Court Monitoring of the strict implementation of the IRR of the CARPER Law

National National

House of Representatives Senate Congressional Oversight Committee on Agrarian Reform

Farmers Farmers

2014 Continuing

Law enacted which transfer DARAB under the jurisdiction of SC Implementation of CARPER strictly monitored

83

DAR (2015) MOA with DOJ, AFP, DND, re: security and peace enforcement during beneficiaries installation, reactivated (2016) Land occupancy of installed farmers ‘ beneficiaries maintained

Strengthen the Land Installation Task Force through the coordinated efforts of the AFP, PNO-RMG, the Department of Agrarian Reform Regional Offices, Provincial Agrarian Reform Offices and the Municipal Agrarian Reform Offices

National

DAR

Farmers

Continuing

Support services for CARPER beneficiaries provided

84


To monitor the wage boards & regulatory agencies


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

Minimum wage compliance by corporations, firms, individuals and entities strictly monitored Functional and effective mechanism for

(2013) Sanctions to those found violating the minimum wage set by wage orders imposed (2014) Increased number of labor inspectors to ensure compliance of companies, firms, individuals and entities of the minimum (2015) Functional and effective mechanism for stricter implementation of labor standards,

Conduct a study on proper wage standards Conduct consultations in ensuring fair labor standards in the workplace Establishment of a database on statistics and


DOLE NWPC DTI NEDA RTWPB DOLE DOLE OSHC

Workers Workers Workers

1st Quarter, 2012 2nd Quarter,2012 2nd Quarter, 2012

Study conducted

Consultations conducted

Database established

85

stricter implementation of labor standards compliant with the provisions of the ICESCR

compliant with the provisions of the ICESCR, developed and enforced (2015) Increased level of prosecution/conviction of labor standards violators

records of compliance and non-compliance of labor standards with DOLE being the responsible party

86


To harmonize areas of conflicts in the implementation of the Mining Law & IPRA minimized


Coverage


Target Dates

Expected Outputs

Medium Term Target


Dutybearers

Claimholders

Corporate Social Responsibility institutionalized in mining companies

(2012) Information and education campaign/training in the implementation of corporate social responsibility (2013) Benefits to cover for electrification fund, development and livelihood fund, reforestation, watershed management, health and/or environment enhancement fund to affected

Continue to address issues/concerns raised on mining Continue efforts to make the Philippines a candidate to Extractive Industries Transparency Initiative (EITI)

Delineate areas open or close to mining

National & Region IV-B, Region IX, Region XI, Region XII,CAR Region VIII National National & Region IV-B, Region IX, Region

MICC MICC/ DFA DENR DAR NCIP

IP All IP

Continuing Continuing 3rd Quarter, 2012

Issues/ concerns resolved EITI Board Circular Maps indicating the areas open or

87

communities provided (2013) Actual visits and conduct of interviews to beneficiaries/communities where exploration, development and utilization of natural resources are conducted

Monitor compliance of mining firms with existing laws, rules and regulations

Promote the Social Development and Management Program (SDMP) of mining projects

Promote Corporate Social Responsibility (CSR) within the mining industry

Conduct of regular meetings/discussions with other government

XI, Region XII,CAR National & Region IV-B, Region IX, Region XI, Region XII, CAR National National National

DENR NCIP DOLE CHR DENR DAR NCIP CSOs DENR DENR

All Indigenous Peoples Indigenous Peoples All

Continuing Continuing Continuing Continuing

close to mining Monitoring

reports Implementation of the SDMP requirement for mining projects CSR institutionalized Meetings conducted

88

agencies and all stakeholders Monitoring of law enforcement agencies on illegal collecting, specimen smuggling and material repatriation Implementation of community development initiatives in host communities by mining companies

National National

DENR LGUs DENR MICC

All All

Continuing Continuing

Activities monitored Community

development initiatives implemented

Review and Simplification of the FCIP

Conduct of consultation

National NCIP/ HOR

All Continuing

FPIC reviewed and

89

process, NCIP Policies, circulars, issuances and guidelines.

amended; NCIP policies simplified

90

Section 5 Linkages with Other Development Initiatives

and Plans


The activities under this thematic objective are geared towards influencing the formulation of the PDP/RDPs, agency plans, and LGU plans through the issuance of HRBA-enhanced guidelines on the formulation and updating of PDP/RDPs. Also, policies and programs towards attaining MDG Goal 8 are expected to be consistent with ICESCR.


The thematic objective under this section shall be likewise linked

with the country’s Philippine Development Plan (PDP) 2011-2016. Further, this shall be in harmony with the Millennium Development Goal (MDG) 7 which seeks to reduce the number of Filipino families with substandard dwellings and with no access to safe water and basic health services.

The linkages of the objective with other plans such as those of the

housing agencies (HUDCC, NHA, etc.) and the LGUs will also be ensured.


The identified programs/activities would contribute to the achievement of the goals and objectives enunciated in the PDP, UHC/KP, National Objectives for Health as well as the country’s commitment to work towards achieving the MDGs in health by 2015.


This specific thematic objective is consistent with our commitment to

the Millennium Declaration which underscores the significance of rights-based approach in attaining the Millennium Development Goals (MDGs). The PDP provides that labor policies shall be guided by the principle of promoting decent and productive employment aligned with the ILO Decent Work Framework. One of the employment-promoting strategies in the PDP which is employment enhancement, involves improving work conditions and occupational safety and health, remuneration and welfare, among others.


Thematic objective number 5 supports the strategies outlined in the education-related sub-sectoral plans, such as the Philippine EFA 2015 Plan

91

of Action and the Medium-Term Philippine Development Plan for Higher Education (2005-2015).


Thematic objective 6 shall pursue the country’s commitment to the Philippine Development Plan’s goal of responding to the basic needs of the poor. This is consistent with the MDG Goal of eradicating extreme poverty and hunger by reducing in half proportion of people whose income is less than $1 and who suffer from hunger.


This particular thematic objective is linked on the PDP Chapter on Social Development. Thematic Objective 8

The activities under this thematic objective are geared towards influencing the formulation of the Labor Chapter of the PDP. The studies on labor and wage standards that will be conducted by the agencies mentioned herein that will serve as guide in formulating the policy and programs of the next Plan.


Thematic Objective 9 is linked on the PDP Chapter on Conservation, Protection and Rehabilitation of the Environment and Natural Resources, among the major thrusts of which is sustainable mining that adheres to the principles of sustainable development, economic growth, environmental policy and social equity, sustainable and more productive use of natural resources to promote investments and entrepreneurship, protection of vulnerable and ecologically fragile areas, especially watersheds and areas where biodiversity is threatened, creation of a healthier environment for the population, mitigating the occurrence of natural disasters to prevent loss of lives and properties.

92

SECTION 6 Human Rights Capacity Building Plan

The 2nd Philippine Human Rights Plan (PHRP II) process consists of the following steps: (1) preparatory, (2) development, (3) implementation, (4) monitoring and (5) review stages.

In order to realize the objectives of the PHRP II, NEDA has

come up with a series of activities with the goal of mainstreaming human rights in all the development plans, policies and activities of the latter, such as the Philippine Development Plan (PDP), through which, standards for human life and dignity will be interwoven with the government’s development planning processes. (Please refer to Table 3.4 on the following page)

93

Table 3.4 Human Rights Capacity Building Plan

Thematic Objectives Education

and Training

Activity/ies

Coverage Target Participants Responsible

Parties

Expected

Outputs Duty

Bearers

Claimholders

1) To mainstream the human rights-based

approach (HRBA) in

development planning and policy-formulation

processes at all levels of government.

Series of HRBA

workshops

for the planning

offices of LGUs

National NEDA DILG

RDCs

LGUs Sanggunian

Women Indigenous

Peoples

Informal Sector

Other vulnerable

and marginalised

sectors

NEDA DILG

RDCs

HRBA workshops

conducted;

Strategies on how to

best integrate

HRBA into local

planning

processes, programs

and projects

2) To review and monitor existing

legislation related to the promotion and

protection of economic, social and cultural

rights

Awareness campaign

on ESC rights

National

NEDA CHRP

PHRC

Women Indigenous

Peoples Informal

Sector Other

vulnerable

NEDA CHRP

PHRC

Awareness campaigns

conducted; Increased

knowledge of the

contents of

94

Training programs

for judges, court

attorneys,

lawyers and public

officials on the

justiceability

of ESC rights

National

NEDA CHRP

PhilJa

and

marginalized sectors

Vulnerable and

marginalized sectors

NEDA CHRP

PhilJa

ICESCR of

claimholders Trainings

conducted;

Judges, lawyers and

public officials

capacitated

on HRBA

3) To improve access to health care services,

enhancing equity and

quality of health care and making health care

services more affordable

n/a

n/a n/a n/a n/a n/a

4) To review all

existing legislation enforcing health and

Conduct of

studies on (e.g.

National DOLE

SSS

Women

Indigenous Peoples

DOLE

SSS

Studies

conducted; necessary

95

safety at work in order

to ensure the right of workers to safe &

healthy work

conditions, and social security benefits for

workers in the informal sector

collection of

SSS premiums

in upland

and remote areas) the

results of which shall

serve as basis for

the

amendment of the

Social Security Act

amendments

to the SSS made

5) To increase budget

allocation, in national and local budget, for

educational services

Conduct of

study on the

utilization of SEF among

LGUs

National DepEd Public

school teachers

DepEd Study

conducted

6) To implement programs and projects

targeting poverty-

stricken and armed conflict areas

n/a n/a n/a n/a n/a n/a

7) Enactment of a law making the


96

Department of

Agrarian Reform Adjudication Board

(DARAB) as an

independent body

8)To monitor the wage

boards & regulatory agencies

Study on

proper wage

standards

National DOLE

NWPC DTI

NEDA

RTWPB

Workers DOLE

NWPC DTI

NEDA

RTWPB

Wage

standards, studied and

reviewed

9)To harmonize areas

of conflict in the

implementation of the provisions of the

Mining Law and the Indigenous Peoples’

Rights Act (IPRA)


97

SECTION 7 Coordination and Management Plan

The success of the PHRP II lies ultimately in the full implementation of the PAPs covered under the ICESCR. However, the allocation of budget for the PAPs is dependent on the limited government resources and constraints in addressing the social and economic concerns. Hence, the creation of inter-agency committees is necessary to coordinate and manage the efficient and effective use of government resources in the plans implementation.

The existing inter-agency committees or council shall serve

as the technical working groups to coordinate the implementation of specific thematic objectives. The Housing and Urban Development Coordinating Council (HUDCC)-TWG shall serve as a venue to coordinate the implementation of “Thematic Objective No. 2”. Likewise, the Social Development Council (SDC) shall coordinate the implementation of “Thematic Objective No. 3, 4, 5, 6 and 9”.

Inter-agency technical working groups shall be created for

thematic objectives without existing committees. The TWGs shall be composed of NGAs identified to implement the PAPs in the PHRP II. These inter-agency committees shall be supported by PHRC and NEDA which shall act as technical secretariat. The TWGs shall be created during the first quarter of 2012, to wit:

Table 3.5 Coordination and Management Arrangements

Thematic Objective

TWG – Members

Objective 1 NEDA, PHRC, DBM, DOF, DILG, HLURB, HUDCC, CHR, CSOs/BSOs, NSCB, ULAP, LGUs, NROs, RDCs, PhilJA, DOJ, IBP, Ateneo Human Rights Center, PIDS, Congress, DFA,

Objective 2 Congress, LGUs, ULAP, HUDCC, NHA, PAHRA, NUPSC, NAPC, MMDA, CSOs, PCUP,

Objective 3 Congress, DOH, DILG, LGUs, ULAP, PRC, DBM, CSOs, PhilHealth, PCW, BSOs, NNC, BID, DFA, PNA, PMA, NEDA,

Objective 4 Congress, DOLE, DBM, SSS, CSOs, BSOs, LGUs, ULAP, RDCs, RTWPD, SSS, DOH, DILG

Objective 5 Congress, NEDA, LEDAC, PHRC, CSOs, BSOs, DFA, DepEd, DPWH, AFP, PNP, DILG, LGUs, CHR,

Objective 6 Congress, NEDA, DSWD, OP, LGUs, ULAP, CSOs, ESCR-Asia, NAPC, DND/NDCC, OPPAP, NCIP, DOF, DILG, BSOs, CHR, DA, DOH, NNC

Objective 7 Congress, CHR, DAR, LANDBANK, NEDA, CSO, BSO, DOJ, DARAB, PARO, DAR, AFP, PNO-RMG, DARRO, MARO,

Objective 8 PHRC, DOLE, NEDA, NLRC, POEA, OWWA, NWPC, RTWPD, DTI, PCUP, ALU, ACOP, CSO, BSO, NLRC, CHR, PHRC, DOST, TESDA, DA

Objective 9 MICC, DFA, DENR, DAR, NCIP, DOLE, CHR, DILG, LGU, ULAP,

98

Thematic Objective

TWG – Members

DTI, CSO,

99

SECTION 8 Resource Generation and Mobilization

Plan

The identified PAPs in the ICESCR Chapter shall be incorporated by the NGAs in their regular government agency plan and in the PDP for DBM and Congress to allocate the necessary budget for the said PAPs. Funding for the PAPs maybe sourced from ODA donors in accordance with the investment priority program of the government. It is also possible to enter into agreements and partnership with the private sector to ensure alternative sources of funding.

100

101

Table 3.6 Resource Mobilization Plan

Program/Activity/Project Resource Requirements by Source

Regular Government

Budget

Development Partners

(*The funds are still to be

negotiated with ODA or other development

partners)

Other Sources

Total Budget

Thematic Objective 1 1. Conduct of HRBA

Orientation/Workshop in the Regional/LGU level.

2. Integrate/mainstream HRBA in annual updating of the Philippine regional/local agencies.

3. Comprehensive review as to the implementation of the existing laws on economic, social and cultural rights

4. Report on the number

P500,000

P2,000,000 N/A N/A N/A

P2,500,000

102

Program/Activity/Project Resource Requirements by Source Regular

Government Budget




partners)

Other Sources

Total Budget

of existing violations of economic, social and cultural rights

5. Awareness campaign

on economic, social and cultural rights

6. Training programs for judges, lawyers & public officials on the justiceability of ESCR violation.

7. Study on the possible ratification of the OP-ICESCR

P150,000 P1,000,000

N/A P1,000,000 N/A

P150,000 P2,000,000

103


Government Budget




partners)

Other Sources

Total Budget

Thematic Objective 2 1. Review of RA 7279 and EO

708 2. Formulate an action plan

implementing the National Urban Development and Housing Framework 2009-2016

3. Implement the National Slum Upgrading Strategy through the National Slum Improvement Action Plan for 2011-2016

4. Consultations with stakeholders

5. Organization of lobby groups for the creation of the Department of Housing

6. Organization of lobby groups for the issuance of an EO reverting the clearing house duties to PCUP

P50,000

N/A N/A N/A N/A N/A N/A

P50,000

104


Government Budget




partners)

Other Sources

Total Budget

Thematic Objective 3 1. Review /assessment of the

implementation of the LGC provisions on health care delivery

2. Provision of incentive mechanisms for LGUs which consider health services as priority program

3. Adoption of Health Care Financing Strategy

4. Amendment of RA 7875 for the national government to cover the full premium of sponsored members

5. Identification/adoption of measures to strengthen NHIP implementation by expanding enrolment coverage, improving the benefit package and leveraging payment on quality care

6. Restructuring of Excise or Sin Taxes of Alcohol and Tobacco;

7. Review/assessment of health programs and projects particularly on reproductive health

N/A N/A N/A N/A N/A N/A N/A

105


Government Budget




partners)

Other Sources

Total Budget

Thematic Objective 4 1. Review of the

implementation of existing labor legislation enforcing health and safety standards at work

2. Monitor the implementation of the 2004 Labor Standards Enforcement Framework by DOLE

3. Resource mobilization to increase resources of DOLE for regular and independent inspections to ensure compliance with occupational health

4. and safety standards 5. Strengthen existing

network to improve

N/A N/A N/A N/A

106


Government Budget




partners)

Other Sources

Total Budget

implementation and monitoring of enforcement of labor laws

107


Government Budget




partners)

Other Sources

Total Budget

Thematic Objective 4 1. Lobby for the

amendment of the Social Security Act to expand its coverage and to improve the benefits for the informal sector, including domestic helpers

2. Conduct of studies (e.g. the collection of SSS premiums in upland and remote areas), the result of which shall serve as basis for the amendment of the Social Security Act.

N/A N/A

108


Government Budget




partners)

Other Sources

Total Budget

Thematic Objective 5 1. Amendment of the

Magna Carta for Public School Teachers or RA 4670.

2. Teacher Education and Development Program.

3. Application of school-based management, allowing teachers to participate in the school governance and to reflect the teachers’ role in school community partnership

4. Institutionalize a “Quality Assurance and Accountability Framework

5. Amend provisions of

N/A N/A N/A N/A N/A

109


Government Budget




partners)

Other Sources

Total Budget

the Local Government Code to make it responsive to local policy initiatives on basic education management

6. Amend RA 7880 7. Conduct a study on

the utilization of the SEF among LGUs

8. Creation of a database that will monitor education performance indicators

N/A P100,000 N/A

P100,000

Thematic Objective 6 1. Expansion of target

areas to include calamity prone regions and low agricultural production areas and

N/A

110


Government Budget




partners)

Other Sources

Total Budget

an improved database on areas stricken by hunger and armed conflict.

2. Application of targeting mechanisms, which shall include IPs.

3. Development of component services.

4. Funding mobilization and implementation.

5. Setting up of accountability and monitoring system.

6. Implement provision 5.3 of the Right to Food Guidelines initiated by the UN Food Agriculture Organization for the Philippines to appoint

N/A N/A N/A N/A N/A

111


Government Budget




partners)

Other Sources

Total Budget

a specific institution with overall responsibility for overseeing and coordinating the application of the said guidelines.

7. Implement provision 5.4 of the said Guideline by including into the Anti Hunger Task Force of the Current administration the increased participation of civil society groups for effective right to food policy and planning.

8. Creation of an enhanced database which shall include

N/A N/A

112


Government Budget




partners)

Other Sources

Total Budget

key demographic and economic statistics that will help in setting out targets for poverty reduction and to monitor the rate at which the targets are being reached

Thematic Objective 7 1. Passage of a law that

will transfer DARAB from the jurisdiction of the Department of Agrarian Reform to the Supreme Court

2. Monitoring of the CARPER Law implementation from 2009-2014.

3. Provide support services to CARP

N/A N/A N/A

113


Government Budget




partners)

Other Sources

Total Budget

beneficiaries.

Thematic Objective 8 1. Conduct study

pertaining to proper wage standards.

2. Conduct consultations with stakeholders both duty-bearer and claimholders with respect to their respective responsibilities in ensuring fair labor standards in the workplace.

3. Establishment of data base on statistics and records of compliance and non-compliance

P50,000

N/A P50,000 N/A

P100,000

114


Government Budget




partners)

Other Sources

Total Budget

of labor standards.

Thematic Objective 9 1. Continue to address

issues/concerns raised on mining.

2. Continue efforts to make the Philippines a candidate to Extractive Industries Transparency Initiative (EITI).

3. Delineate areas open or close to mining.

4. Monitor compliance of mining firms with existing laws, rules and regulations.

5. Establishment of linkages with major

N/A N/A N/A N/A N/A

115


Government Budget




partners)

Other Sources

Total Budget

stakeholders for continuing discussions on mining issues

6. Implementation of SDMP requirements of mining projects and conduct of IEC on the SDMP provisions of the Mining Act

7. Promote Corporate Social Responsibility within the mining industry

8. Monitoring of illegal activities (i.e. specimen smuggling )

9. Implementation of community development initiatives in host communities by mining companies

N/A N/A N/A N/A

116

117

SECTION 9 Monitoring and Evaluation Plan

The duty bearers, identified NGAs, are mandated to submit semi-annual reports to the NEDA Human Rights -TWG on the status of implementation of their respective PAPs. The reports shall be evaluated to determine the areas requiring immediate action. The recommendations shall then be forwarded to the PHRC for appropriate action.

118

119

Table 3.7 Monitoring and Evaluation Calendar

Monitoring and

Evaluation Activity

2011 2012 2013 2014 2015 2016

Baseline Study (1st Quarter) submission of

updated baseline

information

Periodic Monitoring

Quarterly Reports of

accountable agencies









Annual Plan Review

(1st Quarter) Presentation of

Annual Accomplishment

Report of the ICESCR Chapter of the PHRP II













Studies (2nd Quarter) Conduct of necessary

studies included as PAPs in particular

(2nd Quarter) Conduct of necessary








120

thematic objectives

thematic objectives

thematic objectives

thematic objectives

thematic objectives

Documentation (2nd Quarter) Consolidation of

monitoring reports

submitted by accountable

agencies

(2nd Quarter) Consolidation of

monitoring reports


agencies


monitoring reports


agencies


monitoring reports


agencies


monitoring reports


agencies Use of

information (2nd Quarter)

Integration of updated baseline

information into the ICESCR

Chapter

(2nd Quarter) Integration of

updated baseline


Chapter


updated baseline


Chapter


updated baseline


Chapter


updated baseline


Chapter M and E Capacity Building

(1st Quarter) Conduct of M

and E Capacity Building

Workshops for all identified

RPs




RPs




RPs




RPs




RPs Evaluation Midterm

Evaluation Post-Evaluation

Government & Nonprofit

Chapter 3: ICESCR Chapter