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
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
Thematic Objective 1: To mainstream the human rights-based
approach (HRBA) in development planning and policy-formulation processes
at all levels of government.
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).
Thematic Objective 3: To improve access to health care services,
enhancing equity and quality of health care and making health care services
more affordable.
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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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.
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

15
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.

16
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).

17
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

18
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

19
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.

20
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.

22
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

23
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.

25
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%

26
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.
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.
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

27
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.

28
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%)
PhP88.2
Billion
(1.0%)
PhP99.2
Billion
(1.0%)
PhP31.4
Billion
(1.3%)
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

29
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.

30
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

31
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 promotion and protection of economic, social and cultural rights.
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.

32
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;

33
passed.
2015- Programs addressing the needs of slum dwellers identified in the
National Slum Upgrading Strategy;
passed.
2016- Enhanced implementation and funding mechanism of housing laws
e.g. Comprehensive and Integrated Shelter Financing Act (CISFA);
passed.
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.
affordable.
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).

34
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.

35
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.
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.
OSH standards.
OSH standards.
OSH standards.
2014-2016 – 80% of the informal sector enrolled under the SSS.

36
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.
Thematic Objective 6: To implement programs and projects targeting
poverty stricken and armed conflict areas
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
Thematic Objective 1: To mainstream the human rights-based approach (HRBA) in development
planning and policy-formulation processes at all levels of government.
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
Thematic Objective 2: To review and monitor existing legislation related to the promotion and
protection of economic, social and cultural rights.
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.
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
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.
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.
with OSH standards.
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
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).
Thematic Objective 6: To implement programs and projects targeting poverty stricken and armed
conflict areas

46
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
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

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)
Benefits derived by the
affected
communities/families/e
lderly/
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).

50
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).
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
affordable.
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.

Chapter 3: ICESCR Chapter

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