PHILIPPINES: Child Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the 'Final Report' and 'Conclusions and Recommendations' from the Review.

Philippines – 1st Session – 2008
Friday 11 April 2008 - 2.30 p.m. - 5.30 p.m.

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National Report
Compilation of UN information
Summary of Stakeholder information
Final Report
Accepted and rejected recommendations


National Report

4. The PNR devoted attention to vulnerable sectors such as children, women, the elderly, persons with disabilities, indigenous peoples, the extreme poor, and special topics such as HIV/AIDS and human rights, security concerns and human rights education. Cross-cutting issues relevant to human rights were also covered in the present report.

14. Human Rights Offices have been established in the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) and the National Bureau of Investigation (NBI). Women and Children’s Protection and Complaints Desks in all police stations and sub-stations are now in place nationwide.

16. Interagency councils dealing with various human rights concerns have also been set in place. These include the Inter-agency Council Against Trafficking (IACAT), Inter-agency Council on Violence Against Women and Children (IAC-VAWC), Inter-agency Council on Children Involved in Armed Conflict (IAC-CIAC) and the Juvenile Justice and Welfare Council (JJWC).

17. The criminal justice system is built upon five pillars8 namely—law enforcement9, prosecution10, judiciary11, correction and community12. The criminal justice system has legal mechanisms for the protection of women, youth, indigenous peoples, and other vulnerable groups.

22. The Philippine Congress has enacted various human rights and human rights-relevant laws15 including those that uphold the rights and welfare of the disadvantaged and vulnerable groups, including women, children, indigenous peoples, migrants and persons with disabilities.

25. Constitutional provisions promote and protect the role of women in nation-building and ensure the fundamental equality before the law for all; the right to health and a balanced and healthful ecology, the rights and welfare of workers, the rights of women and children, the elderly, and indigenous cultural communities, among others. It pays particular attention to, inter alia, the family, non-governmental, community-based and sectoral organizations, rural development and agrarian reform, indigenous cultural communities and human rights.

36. The Philippine Plan of Action for Nutrition 2005-2010 provides interventions to alleviate hunger and malnutrition. Through the institutionalized local nutrition committees, the National Nutrition Council and other national agencies are able to coordinate the formulation of plans at the local level and the implementation of various health and nutrition programs such as Garantisadong Pambata (”Guaranteed for Children”), the Salt Iodization Nationwide Act, Food Fortification, Nutrition Education, National Supplemental Feeding Program, and Foodfor- School Program.

39. GRP’s education strategy flows from the Education for All (EFA) 2015 Program, the overarching framework for basic education. Proposed reforms under the Department of
Education’s (DepEd) Basic Education Sector Reform Agenda (BESRA) have also been undergoing refinements, e.g., the Schools First Initiative (SFI) and empowering the local communities to improve education.

40. DepEd has incorporated basic Human Rights Education (HRE) in the elementary and secondary levels of the education system. Human rights values and principles are integrated into the school curricula to promote human dignity, humanism, sense of nationhood, work ethics, and other similar values. HRE is provided in the non-formal system for out-of-school youths, children, and adults. Children and women’s rights and their protection are also given emphasis.

47. The Department of Social Welfare and Development (DSWD) and Civil Society organizations maintain halfway houses, shelter and social service centers for women and youth who are victims of crime or are in conflict with the law.

60. Social welfare programs and projects need to be better-targeted and strategically designed to address the needs of the poor and the vulnerable groups such as women, children, older persons, persons with disabilities, and indigenous peoples. Cooperation between government, civil society and local intermediaries should be strengthened.

66. The Philippines has a long tradition of women’s participatory inclusion and empowerment, in both public and private sectors. Women are well represented in all three branches of government (two presidents have been women) and are also in the police and armed services. Landmark legislation on women, include the Women in Development and Nation-building Act, laws promoting the greater participation of women in the economy, and laws addressing violence against women and children.

74. The Supreme Court has created a Committee on Gender-Responsiveness in the Judiciary. In support of the Violence against Women and Their Children (VAWC) Act, the Court issued the Rule on Violence Against Women and their Children, which seeks to protect the rights of the family and its members, particularly women and children, from violence and threats to their personal safety and security, and enables the courts to manage and monitor such cases.

78. Programs for safe pregnancy, contraceptive self reliance and networking with NGOs for policy advocacy, public awareness and service delivery are being undertaken. 25 To reduce maternal deaths, the health department provides an integrated package of women’s health and safe motherhood services in strategically located health facilities 26The maternal and newborn care package provides mothers with easy access to Emergency Obstetric Care services (EmOC) approach.

80. Other identified gaps include the need to match location of VAWC services with VAW incidence per region or province, prevalence of VAW cases, and the need for wider gender-responsive judicial and non-judicial interventions. The special needs for rehabilitation and postconflict care of women and children in vulnerable situations and conflict areas need to be addressed.

82. Convention on the Rights of the Child (CRC). Consultations with children revealed the need for the Government to enhance its plans and programs to strengthen their protection as a vulnerable group.

83. In response, the Philippine National Strategic Framework for Plan Development for Children, otherwise known as “Child 21” was adopted by the Council for the Welfare of Children (CWC) for the period 2000-2025. It aims to build a “child-sensitive and child-friendly society” as the country’s promise to Filipino children in the 21st century. It is a road map and guide to make plans and programs for children that are more focused and that follow the provisions, principles and standards of the CRC. The current medium term plan for Child 21 called National Plan of Action for Children (NPAC) for 2005-2010 adopts the relevant Millennium Development Goals (MDG) and the World Fit for Children (WFFC) Goals. A Comprehensive Programme on Child Protection (CPCP), an elaboration of the child protection component of NPAC, was launched on 18 June 2007.

84. In accordance with guidelines developed by Department of Interior and Local Government (DILG), local councils for the protection of children (LCPC) at provincial, municipal, city and barangay levels have been organized, activated and strengthened to serve as institutional mechanisms for coordinating and monitoring CRC implementation at the local level. As of December 2006, 73 out of 81 provinces, 126 out of 132 cities, 1,365 out of 1,496 municipalities and 40,994 out of 41,994 barangays have organized local councils, at varying levels of functionality.

85. GRP protects children from involvement in armed conflict which has been given specific attention by the Inter-Agency Committee on Children Involved in Armed Conflict (CIAC) Program co-chaired by OPAPP and CWC. Based on combined reports from (DSWD, Department of National Defense-AFP and NGOs), from 2001-2006, 174 out of 186 have been demobilized and reunited with their families. Three-hundred (300) children aged nine (9) to seventeen (17) years old benefited from DOLE’s Community Sala’aminternlin (Peace) Corps Project with education, skills training, employment and livelihood assistance in 2005-2006. DSWD also provided social services and interventions to protect and rehabilitate children who are direct or indirect victims of armed conflict. OPAPP monitors compliance by concerned agencies, including the AFP, of the existing guidelines on handling and treatment of rescued and recovered CIAC.

86. Institutional and technical capacity to ensure the functionality of “Child 21” and its mediumterm plan called National Plan of Action for Children (NPAC) should be sustained. The network and the mechanism through which Child 21 will be implemented, requires functional certainty both at the national and local levels. This mechanism includes the strengthening of the Local Protection Mechanism for Children (LCPC).

135. The Revised Penal Code criminalizes all acts of torture with corresponding penalties. Laws have also been passed to prevent acts which could be considered as torture, or cruel, inhuman and degrading treatment or punishment notably, Juvenile Justice and Welfare Act, the Anti-Sexual Harassment , and the Anti-Hazing Law.

140. The Philippine criminal justice system has legal mechanisms for the protection of women, migrant workers, youth, indigenous peoples, and other vulnerable groups. At least 15 laws have been passed during the last decade on the protection of their rights. The PNP and NBI have established mechanisms for dealing with women, youth and children. The PNP operates Women and Children Protection Desks in police stations staffed by accordingly-trained policemen/policewomen. As mentioned earlier, the DSWD and civil society also maintain institutions to address needs of women and children in conflict with the law or victims of crimes.

141. As of 2007, all children in conflict with the law below 15 years of age have been relocated to more appropriate facilities. The challenge remains to establish more detention homes and rehabilitation centers at the local level.

142. In cognizance of the provisions of the CRC, legislative gaps and issues requiring review, reform and enactment have been identified in the 2005 UN Committee on the Rights of the Child Concluding Observations. The issues include a) minimum age of criminal responsibility, b) minimum age of sexual consent, c) prohibition of torture, d) lack of comprehensive juvenile justice system, e) discrimination against children born out of wedlock, f) use of children for pornography, and g) corporal punishment, among others.

143. The Juvenile Justice and Welfare Act of 2006 is expected to benefit close to 10,000 children in conflict with the law annually. Its provisions were adopted from key international instruments, such as the UN Standard Minimum Rules for the Administration of Juvenile Justice, UN Guidelines for the Prevention of Juvenile Delinquency, and the UN Rules for the Protection of Juvenile Deprived of Liberty. Concerns on cases of torture and other cruel, inhuman or degrading treatment or punishment of children, particularly of children in detention had also been addressed legally through the enactment of this law.

144. During the period 2004-2006, some other laws were passed such as: a) Republic Act 9255, An Act Allowing Illegitimate Children to Use the Surname of their Father; b) Republic Act 9262 or Anti-Violence Against Women and their Children Act of 2004, An Act protecting women and their children from physical, emotional, sexual, psychological and economic abuses; and c) Republic Act 9288 or the Newborn Screening Act of 2004, promulgating a comprehensive policy and a national system for ensuring newborn screening.

145. The Supreme Court has also promulgated rules focusing on children's rights, specifically the Rule on the Examination of a Child Witness (2000), Rule on Juveniles in Conflict with the Law (2002), Rule on Violence Against Women and their Children (2004), and Rule on Children Charged Under the Dangerous Drugs Act of 2002 (2007).

146. In 2007 a building was erected which now houses 154 Children in Conflict with the Law (CICL). Three jail facilities were built in the national capital region as well as Region IV-A and Region 7.

147. As of December 2007, all CICLs who are 15 years old and below have been released from jails and detention homes. Some 10.2 million pesos was allotted to repair city, district, and municipal jail facilities nationwide. The adoption of the `Restorative Justice’ approach has also been an effective means for inmates’ reformation, rehabilitation, and integration into the mainstream of society.

155. The Department of Health (DOH), through its Women and Children Protection units (WCPU) in government hospitals, provide holistic, gender-responsive health care to women survivors.

156. CRC - In compliance with the Juvenile Justice and Welfare Act of 2006, which (1) prohibits cruel and inhuman treatment and punishment; (2) introduces restorative justice; (3) provides for diversion programs for children in conflict with the law (CICL); and (4) prohibits detention of youth offenders aged 15 years old and below in jails, the Government will train service providers in handling CICLs. Facilities will be built to separate children from adults in all detention centers in the country.

157. To provide universal access to primary education, GRP will continue to accord the highest priority to education in its national budget and will scale up effective learning strategies including alternative learning systems (ALS) to reach out-of-school youths, children in armed conflict and IP children.

158. Campaigns in schools, media and communities on child rights through BRIGHT CHILD as a brand name for programs and services for children particularly against on AIDS awareness and against child abuse, corporal punishment, exploitation, substance abuse will be intensified.

159. Interventions to reduce infant and child mortality such as immunization, micronutrient supplementation proper nutrition, de-worming and clean water will be adequately funded by government through LGUs especially for disparity areas.

160. The government will continue to monitor and ensure the proper implementation of the laws that uphold the Rights of the Child and will pursue passage of legislation addressing (1) the minimum age of sexual consent/ increasing the age of statutory rape; (2) child pornography; (3) corporal punishment and other forms of violence in the home, school and the community; (4) foster care and (5) legitimation of children born of underage parents.

161. Together with CSOs, faith based communities, and the academe, the Government will train and capacitate service providers to handle victims of child abuse, neglect, mistreatment, violence and sexual exploitation.

162. The Government is also advocating for LGUs to establish detention homes for children in conflict with the law aged 15 to 17 years old, separate from adult offenders. The DSWD has targeted for 2008 the upgrading of existing youth rehabilitation centers as well as the construction of new centers. Another target is to establish centers in each province and city to cater to the psycho-social needs of children in conflict with the law.

171. At the regional level, the Philippines shall continue to pursue its task as the ASEAN's focal point in the efforts to fight human trafficking and in promoting the rights of women, children, migrant workers among others, while simultaneously integrating human-rights issues in international terrorism and transnational crimes, migration and HIV/AIDS.

Compilation of UN information

2. CRC, CEDAW and UNICEF took note in 2005, 2006 and 2007 respectively of the relatively advanced legal framework and welcomed many legislative initiatives, inter alia, the Anti-Trafficking in Persons Act of 2003; the Anti-Violence against Women and Their Children Act of 2004; the Republic Act of 2003 No. 9231, which amends the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act; the Republic Act of 2004 No. 9255, amending the Family Code of the Philippines; the Family Courts Act of 1997; the Rape Victims Assistance Act of 1998; the Indigenous People's Rights Act of 1997 and the Social Reform and Poverty Alleviation Act of 1997.25 Despite these laws, UNICEF noted that children and women victims often face difficulties in seeking justice for discriminatory practices and crimes committed against them, in spite of ongoing efforts to make the legal and judicial system gender-sensitive and child-friendly.26 In this context, CRC recommended in 2005 that the State take all necessary measures to harmonise its legislation fully with the provisions and principles of the CRC.27

3. CEDAW was concerned in 2006 that there is no definition in national legislation of discrimination in line with article 1 of CEDAW, encompassing both direct and indirect discrimination, in the national legislation.28 CEDAW was particularly concerned about existing discriminatory provisions in the Code of Muslim Personal Laws, which permit marriage of girls under 18, as well as polygamy and arranged marriages. 29 CEDAW urged the State to strengthen the legal framework for the promotion of gender equality as well as to expedite the adoption of pending bills, and initiate all necessary revisions in order to promptly bring relevant national laws into line with the provisions of CEDAW. 30 CERD noted with concern in 1997 that there is no specific legislation prohibiting racial discrimination. The Committee recommended that domestic legislation be amended so as to prohibit racial discrimination as defined in article 1 paragraph 1 of ICERD.31

4. The national human rights institution, the Commission on Human Rights of the Philippines (CHRP) was accredited with A status in 1999 by the International Coordinating Committee of NHRIs (ICC) and re-accredited in 2007 as part of a standard review procedure.32 CERD in 199733 and CRC in 200534 welcomed the establishment of the CHRP. However, while acknowledging the CHRP’s activities regarding the rights of the child, CRC was concerned at its limited mandate and resources. 35 The Committee recommended that the State consider broadening the mandate of the CHRP regarding the monitoring of children’s rights and providing it with adequate resources in order to strengthen the investigation of individual complaints in a child sensitive manner.36

5. In 2005, CRC welcomed the launching of a National Strategic Framework Plan for the Development of Children 2001-2025, known as Child 21, and the holistic approach adopted to address child rights issues and related progress and shortcomings. 37 CEDAW welcomed the Philippines Plan for Gender-Responsive Development (1995-2005) which intended to operationalise CEDAW and the Beijing Platform for Action.38

10. While noting the provisions of the Indigenous Peoples’ Rights Act (IPRA) as well as programmes and projects for children belonging to minorities and indigenous peoples, CRC was concerned about the discrimination against minorities, indigenous peoples and Muslims. It recommended in 2005 that the State ensure that indigenous children and children belonging to minorities fully enjoy all of their human rights equally and without discrimination; that it strengthen its efforts to implement the IPRA and develop and implement policies and programmes to ensure equal access for indigenous and minority children to culturally appropriate services, including social and health services and education; and that it seek effective measures to abolish traditional practices prejudicial inter alia to their well-being.62

12. CRC and the HR Committee expressed their concern about violations of the right to life of children, inter alia, due to the internal armed conflict. They urged, in 2005 and 2003 respectively, that the State make every effort to reinforce the protection of the right to life, survival and development of all children, by taking effective measures to prevent extrajudicial killings of children and to investigate thoroughly all alleged cases of killing and to bring perpetrators to justice.64

14. In recent years, the HR Committee, CRC and a number of Special Procedures mandate holders have been concerned about reports of the persistent and widespread use of torture, “incommunicado detention” and solitary confinement of detainees by law enforcement officials. They raised concerns about the lack of legislation specifically prohibiting torture.71 In 2003, the HR Committee recommended that free access to a legal counsel and a doctor should be guaranteed in practice, immediately after arrest and during all stages of detention.72 CRC was concerned particularly for children in detention. It reiterated in 2005 its previous recommendation to prohibit and criminalize torture by law and stated that existing legislation did not provide children with an adequate level of protection against torture and illtreatment. It requested that the State should ensure that child victims be provided with appropriate services for care, recovery and reintegration.73

15. While welcoming the establishment of family courts in major cities to foster an active approach to protecting the rights of women and children against domestic violence, including incest, CEDAW remained concerned about the prevalence of violence against women. It noted with appreciation the Anti-Rape Law of 1997, which redefined and expanded rape from a crime against chastity to a crime against the person and implicitly recognized marital rape. However, CEDAW was concerned that the subsequent possibility for the wife, as the offended party, to forgive the crime extinguishes the criminal dimension of the action and the consequent severity of the penalty.74

16. In 2005, CRC was alarmed at the high level of crime; persistent violations of the rights of children in conflict with the law; the overall deficiencies in the administration of the Philippine juvenile justice system; the high number of persons below 18 in detention; and alleged cases of torture, abuse (including sexual abuse) and other forms of degrading treatment to which they were subjected.75

18. The HR Committee, CEDAW and CRC noted with concern numerous instances of trafficking of women and children, both within the country and across its borders. In 2003, the HR Committee encouraged the State to ensure gender-specific training to sensitize the officials dealing with victims of trafficking.77 CEDAW recommended in 2006 that the State further strengthen bilateral, regional and international cooperation with countries of origin, transit and destination so as to address the issue of trafficking in women more effectively.78 CRC welcomed in 2005 the measures taken to prevent trafficking and protect victims, such as the establishment of Anti-Illegal Recruitment Coordination Councils, the Trade Union Child Labour Advocate initiative and the establishment of an Executive Council to suppress trafficking in persons particularly of women and children. CRC expressed its concern about factors contributing to trafficking activities, such as persistent poverty, temporary overseas migration, growing sex tourism and weak law enforcement. CRC urged the State to review its domestic laws on the protection of children against sexual exploitation, and provide adequate programmes of assistance and reintegration for sexually exploited and/or trafficked children.79

19. In 2005, CRC reiterated its concern at the high number of children living in the streets, highlighting their particular vulnerability to various forms of violence and abuse, including sexual abuse and exploitation, economic exploitation and substance abuse.80

20. The 2005 and 2006 reports of the Secretary-General to the Security Council on children and armed conflict listed the Philippines as one of the 11 countries of concern in which grave violations against children have been documented.81 In response to the protection needs of children affected by armed conflict, the Philippines reportedly continued to implement a presidential order establishing a comprehensive programme for children involved in armed conflict, with specific protection mandates for affected children.82

26. CRC was concerned, despite the legislative and other measures taken by the State, about environmental problems, such as air and water pollution and environmental degradation which have serious consequences for children’s health and development. As regards access to safe drinking water and sanitation, the Committee was concerned about regional disparities.91 Also concerning water pollution, communications were sent to the State by the Special Rapporteur on the right to food and the Special Rapporteur on the effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, for example about the operations by a private mining company, which allegedly contaminated sea water with cyanide, and about activities of a multinational mining company, which allegedly released a flood of toxic silt in a river. In the first case, the Philippines informed that it had undertaken investigations, temporarily suspended the activities of the company and set up a fact finding commission.92

33. While commending the conclusion of bilateral agreements and the memoranda of understanding on migrant workers’ rights with some countries and regions, and the programme of pre-departure and support services for overseas Filipino workers, CEDAW remained concerned, as highlighted also by UNHCR,105 at the continued feminization of migration. CEDAW urged the State to continue reaching bilateral agreements and memoranda of understanding with countries and regions to which Filipino women migrate. It also encouraged the State to address the root causes of women’s migration, including through the creation of conditions necessary for sustainable development and of safe and protected jobs for women as a viable economic alternative to migration or unemployment.106 In 2002, the Special Rapporteur on the human rights of migrants noted that given the magnitude of the phenomenon in the country, there was a need to address seriously the social costs and effects of migration, including issues such as the adverse effects of migration on children as well as tackling the reintegration of overseas Filipino workers.107

39. CRC acknowledged that the natural disasters caused by tropical storms and several typhoons at the end of 2004 devastated the infrastructure of several provinces giving rise to a growing number of economic and social difficulties. Domestic instability caused by, inter alia, political uncertainties, adversely impacted overall human rights development in the State.115

Summary of stakeholders' information

7. AITPN considered the policy of some schools dismissing unmarried female students (but not their male partner) if they got pregnant as being highly discriminatory against girls.13 The Women’s Legal Bureau Inc. (WLB) noted that despite an increase in the number of women legislators, the Congress remains male-dominated.14 WLB stated that there is no antidiscriminatory legislation protecting lesbians.15

8. According to AITPN, extrajudicial killings and enforced disappearances remain endemic. AITPN quoted figures from the Alliance for the Advancement of People’s Rights (KARAPATAN) which claimed that from January 2001 to June 2007, a total of 885 people had been killed extra-judicially and 183 persons had disappeared. According to AITPN, most of the victims were affiliated with cause-oriented groups, and included human rights activists, lawyers, journalists, church workers, leftist activists and leaders from indigenous communities.16 KARAPATAN documented that during this same period 59 children were victims of extrajudicial killings and four victims of enforced disappearance.17 AITPN noted that in the Autonomous Region of Muslim Mindanao 7% of the victims of extrajudicial killings from 2001 to 2007 were children.18 The Internal Displacement Monitoring Centre of the Norwegian Refugee Council (IMDC) noted that in 2006 politically motivated extrajudicial killings in the country reached their highest level since 1986.19 Human Rights Watch (HRW) observed that this sharp increase in the number of extrajudicial killings coincided with President Arroyo’s June 2006 declaration of an “all-out war” against communist insurgents called the National People’s Army. 20

12. OMCT highlighted that indigenous women, women from poor Muslim communities and women living in rural and conflict-prone areas are particularly vulnerable to violence. Due to the poor economic situation of many women and girls, and despite of the Anti-Trafficking in Persons Act of 2003, the exploitation of Filipino women continues to increase.27 WLB observed that the Philippines continues to be seen as a source, transit and destination country for cross-border trafficking of women and children for sexual exploitation and forced labour. WLB quoted estimates that a total of 25,000 to 35,000 Filipino women are victims of trafficking every year, a figure that is equivalent to 50 per cent of all women victims of trafficking in Southeast Asia.28

15. Regarding juvenile justice, AI noted that despite an array of legislative and procedural safeguards, minors in detention continue to be at risk of physical or sexual abuse and held in poor conditions.33 According to AITPN more than 1,000 children in conflict with the law were languishing in sub human conditions in jails together with adult criminals.34 Prison conditions, noted AITPN, remain deplorable due to overcrowding, sub-standard facilities and lack of basic facilities. Overcrowding resulted in spread of diseases such as tuberculosis and sanitation problems.35

19. AITPN noted that the provisions of the Code of Muslim Personal Laws permit the marriage of girls under 18 as well as polygamy. 43

25. The Centre on Housing Rights and Evictions (COHRE) noted that child labour is rampant, especially in rural areas.56 OMCT quoted the UN Common Country Assessment (2004) which found that in 2001 approximately 4 million children between the ages of 5 and 17 were economically active in the Philippines; about 60 per cent of those were found to be engaged in hazardous work and exposed to exploitation. The same Assessment estimated that between 60,000 and 100,000 children are victims of sexual exploitation in the Philippines.57 According to the Global Initiative to End All Corporal Punishment of Children (GIEACP), corporal punishment is lawful in the home. As of October 2007, a bill was under discussion which would prohibit corporal punishment in all settings.58

34. EGR also noted that despite the existence of an Adolescent and Youth Health and Development Programme, adolescents do not receive evidence-based information and education on sexuality and reproductive health and services. EGR requested that adolescents must be provided with information and services necessary to enable them to protect themselves from unwanted/coerced sex, unplanned pregnancy, early childbearing, unsafe abortion, HIV/AIDS, and sexually transmitted infections.84

35. IF & BAYAN stated that although the Philippines provides tuition-free education in the primary and secondary levels, poverty denies millions of children the right to a decent education. Out of every 100 children who enter First Grade, only 66 percent will finish elementary school, 43 per cent high school and 14 percent college. State spending on education has fallen from a peak of 4.0 per cent of GDP in 1998 to 2.4 percent in 2006.85 JSNGO quoted the midterm reports on the Millennium Development Goals and the Education for All Development Index indicating that despite the consistent growth in the enrolment rate in basic education, key performance indicators have been declining consistently since 2001. Net enrolment, cohort survival and completion rates for both elementary and secondary levels were all on the decline.86

36. Indigenous Peoples Rights Monitor, Indigenous Peoples’ International Centre for Policy and Philippine Indigenous Peoples Link (IPRM, TEBTEBBA and PIPLINKS) 87 noted that indigenous peoples are estimated to be 12-15 million, or 15 per cent of the total population. They occupy more than 10 million hectares of the total landmass of 30 million hectares. According to OMCT, indigenous peoples are among the most marginalised groups in the Philippines, and are often victims of various forms of abuse, violence and exploitation. Furthermore, due to poor living conditions and social exclusion, indigenous children are at risk of becoming involved in armed conflict and being recruited into armed groups. Armed conflict also renders indigenous women and girls more vulnerable to physical and sexual abuse.88

41. IDMC added that the education of displaced children is often disrupted due to the lack of security and uncertainty about the length of displacement, limited accessibility to education facilities related to the long distances between schools and evacuation centres or the loss of documentation. The access to and availability of food has sometimes been so limited that food-related deaths have been reported. Humanitarian access for aid groups is not always secured and safe. IDMC recommended that the State develop a comprehensive and integrated national policy on internal displacement including clear implementation guidelines.100

Final Report

On 28 February 2008, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of the Philippines: Malaysia, Mali and Germany. The delegation of the Philippines was headed by H.E. Eduardo R. Ermita, Executive Secretary (Minister) and Chairman of the Presidential Human Rights Committee of the Philippines.

(i) Summary of the State under Review

- The Government’s human rights advocacy and programmes remain responsive to the demands of vulnerable sectors. The Philippines pursues a 25-year National Strategic Framework for Plan Development for Children, from 2000 to 2025, to build a child-sensitive and child-friendly society. Local Councils for the Protection of Children (LCPCs) have been established to coordinate and monitor the implementation of the Convention on the Rights of the Child (CRC). Children in conflict with the law are protected under the Juvenile Justice and Welfare Act of 2006. The Philippines has also achieved respectable improvements in lowering child mortality.

- Concerning minors in detention, the Juvenile and Justice Act and the Welfare Act of 2006 prohibit inhuman or degrading treatment or punishment of children, and also prohibit the detention of children under 15. In August 2005, all children in conflict with the law were transferred from the capital to “centres for restoration activities”. Furthermore, regular visits are conducted in all these facilities by the Council for the Welfare of Children. Education activities are also offered in them, including special education and development of technical skills. The challenge now is the establishment of more facilities at the local level. Following the recommendations of the United Nations Study on Violence against Children, the Philippines has launched a national programme of action on violence against children, and a Group on Violence against Children will monitor the activities of this programme. The Philippines has also enacted several laws to protect children, including against child labour.

(ii) Interactive dialogue and responses by the State under Review

- New Zealand recommended that the Philippines continue to develop a gender-responsive approach to issues of violence against women and continue to build a supportive environment for women and children within the judicial system, which should take into account the special needs for rehabilitation and post-conflict care of women and children in vulnerable situations and conflict areas.

- China congratulated the Government for improving the health of its population and appreciated the efforts made by the Philippines to guarantee the rights of women and children. It asked the Philippines to elaborate further on the challenges faced in addressing the issue of trafficking of women and children.

- The Holy See recommended the complete elimination of torture and extrajudicial killings, and the protection of children in the womb, notwithstanding undue pressure from certain groups.

- Italy recommended that the Philippines address legislative gaps in the field of children’s rights in order to fully comply with the 2005 recommendations of the Committee on the Rights of the Child. It requested further details on steps taken to integrate human rights education into the school system.

- France asked what measures are taken to prevent recruitment and to assist the rehabilitation of children in armed movements and about the results of the programmes since 2001 to assist the integration of these children. Finally, France asked if the Government planned to increase the resources of the Commission on Human Rights, as emphasised by the Committee on the Rights of the Child.

- Answering to some of the questions, the Philippines informed that there are several bills related to the rights of the child in accordance with the observation of the Committee on the Rights of the Child.

- On illegal child recruitment by insurgent groups taking place in the Philippines, the United Kingdom asked the Government to consider whether the international community can assist in addressing this issue.

- Azerbaijan welcomed the efforts made by the Government to eradicate poverty, in particular the anti-poverty strategy and the progress achieved in ensuring the rights of vulnerable groups, including women, children and disabled persons. Azerbaijan asked how the Philippines planned to strengthen the CHRP, and requested it to elaborate on the national plans and strategies in combating trafficking in persons, especially women and children.

- The Islamic Republic of Iran asked the delegation to elaborate on best practices to combat human trafficking and on ways to protect women and children from trafficking.

- On human right education, the Philippines created a national human right education plan as part of the observance of its obligations related to the Human Rights Education Decade.

Accepted and Rejected Recommendations

The following recommendations were accepted by Philippines:

58- 1. To continue to develop a gender-responsive approach to issues of violence against women and continue to build supportive environment for women and children within the judicial system; this environment should take into account the special needs for rehabilitation and post-conflict care of women and children in vulnerable situations and conflict areas (New Zealand);

- 9. To address legislative gaps in the field of children rights in order to fully comply with the 2005
recommendations of the Committee on the Rights of the Child (Italy);

The following recommendations were pending:

- 7. To protect children in the womb, notwithstanding undue pressure from certain groups (Holy See);

- 17. That national legislation and customs and traditional practices should be harmonized with the
Convention on the Rights of the Child and the Convention on the Elimination of All Forms of
Discrimination against Women (Mexico)."

No recommendations were rejected

pdf: http://www.crin.org/docs/Philippines.pdf

Countries

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