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Ugnayang Bayan 2015 - International Covenant on Economic, Social and Cultural Rights (ICESCR)
1. Second Philippine Human Rights Plan (PHRP II)
Accomplishment Report:
Thematic Chapter on the International Covenant on Economic, Social
and Cultural Rights (ICESCR)
UGNAYANG BAYAN
RAMON M. FALCON
NEDA TWG-ICESCR Secretariat
26 October 2015
Hive Hotel
Quezon City
2. The International Covenant on Economic,
Social and Cultural Rights (ICESCR)
• a multilateral treaty adopted by the United Nations
General Assembly on December 16, 1966 and has
160 State-parties, the Philippines being one of them
• Administrative Order No. 163 mandated NEDA to be
the lead agency for coordinating the country’s
compliance with the ICESCR.
3. Rights of every individual
guaranteed by the ICESCR
1. Right to self-determination;
2. Right to non-discrimination;
3. Equal rights for men and women;
4. Right to just and fair conditions of work, fair wages, safe and healthy
work conditions
5. Right to form and join trade unions, which includes the right to strike
6. Right to social security
7. Protection and assistance accorded to the family
8. Right to an adequate standard of living
9. Right to the enjoyment of the highest attainable standard of physical
and mental health;
10. Right to education; and
11. Right to take part in cultural life, enjoy the benefits of scientific
progress, protection of the moral and material interests
4. Gaps identified in the
PHRP II- ICESCR Chapter
• Housing
• Forced eviction and
demolition activities
• Health concerns
• Migration of health
professionals
• Working conditions of
workers
• Social security benefits of
the informal sector
• Budget allocation and
utilization for education
• Food
• Poverty
• Unemployment and
Underemployment
• Exploration, development
and utilization of mineral
resources
5. ICESCR Thematic Objectives
To mainstream the human rights-based approach (HRBA) in development planning and policy
formulation processes at all levels of government
To review and monitor existing legislation related to the promotion and protection of economic,
social and cultural rights
To improve access to health care services, enhancing equity of health care and making health care
services more affordable
To review all existing legislation enforcing health and safety at work in order to ensure the right of
workers to safe and health work conditions, and social security benefits for workers in the
informal sector
To increase budget allocation, in national and local budget, for educational services
To implement programs and projects targeting poverty stricken and armed conflict areas
Enactment of a law making the Department of Agrarian Reform Adjudication Board (DARAB) as an
independent body
To monitor the wage boards and regulatory agencies
To harmonize areas of conflict in the implementation of the provisions of the Mining Law and
Indigenous People's Rights Act (IPRA)
6. Report Preparation Process
Request for Agency
Inputs
Writing of Draft
Report per
Thematic Objective
Presentation of
Draft Report &
Validation with
Agency
Finalization of
Report
Submission of
Report to PHRC
9. Thematic Objective 1:
To mainstream the Human Rights-Based
Approach (HRBA) in development planning
and policy-formulation processes at all levels
of government
10. Accomplishments
Mainstreamed
HRBAConducted
HRBA
capacity
building
activities
HRBA
Executive
Course in
Governance
HRBA
Refresher
Course to
Development
Planning
Issued
guidelines to
integrate
HRBA
Integration in
MTPDP/RDP
Chapter 7:Good
Governance and the
Rule of Law
Chapter 8: Social
Development
Chapter 9: Peace &
Security
Issued JMCs to integrate
HRBA in local government
plans
DILG-CHR JMC No.1, S. 2014:
Mainstreaming HR through the
Rule of Law and Access to
Justice at the Level of
Provinces, Cities, Municipalities
and barangays
DBM-DILG-DSWD-NAPC JMC
No. 6: Policy Guidelines &
Procedures in the
Implementation of the Bottom-
Up Budgeting Projects for FY
2015
PCW-DILG-DBM-NEDA JMC No.
2013-01: Guidelines on the
Localization of the Magna
Carta of Women
Guidelines in
mainstreaming
HRBA principles
in the
MTPDP/RDP
Guidelines for
mainstreaming
child rights in all
levels of
development
planning
In government
systems/processes:
Use of conflict-
sensitive and peace-
promoting (CSPP)
approach
11. Thematic Objective 2:
To review and monitor existing legislation
related to the promotion and protection of
economic, social and cultural rights
12. • Passage of eleven (11) ESCR-related landmark legislations:
Accomplishments
Responsible
Parenthood and
Reproductive Health
Act of 2012
National Health
Insurance Act of
2013
Sin Tax Reform Law
2012
Mandatory
PhilHealth Coverage
for all Senior
Citizens (2014)
Kindergarten
Education Act of
2012
Enhanced Basic
Education Act of
2013
The Open High
School System Act
of 2015
The Domestic
Workers Act or
Batas Kasambahay
of 2013
The Expanded Anti-
Trafficking in
Persons Act of 2012
The Anti-Enforced
or Involuntary
Disappearance Act
of 2012
The Human Rights
Victims Reparation
and Recognition Act
of 2013
13. Accomplishments
Approval of HLURB Board Resolution 890:IRR for Section 18 Balanced Housing
Development of RA 7279 Urban Development and Housing Act of 1992
Issuance of Guidelines on the conduct of Pre-Demolition Conference
Conduct of multi-sectoral consultation-workshops:
1) National Urban Development & Housing Framework (NUDHF) enhancement
2) National Housing Summit
Provision of direct housing assistance to 576, 335 households through
the National Shelter Program (NSP) for the period 2012 to 2014
Appropriation of Php 50 billion Housing Program fund for ISFs Living in
Danger Areas in Metro Manila
14. Thematic Objective 3:
To improve access to health care services,
enhancing equity and quality of health care
and making health care services more
affordable
15. • Significant DOH budget increase from PhP 24.6 billion in
2010 to PhP 87 billion in 2015 resulted to:
Accomplishments
• 2,862 Barangay Health Centers
• 2,626 Rural Health Units (RHUs)/Municipal Health Centers
• 685 LGU Hospitals and other health facilities
Upgrading of
government
health
facilities
• 52,730 nurses as trainees for 6 mos. under the Registered Nurses
for Health Enhancement and Local Service (RNheals) program
• 24,401 nurses through the Nurse Deployment Program
• 178,362 Community Health Teams to underserved Filipino
families
Increase
deployment
of health
human
resources
• Full government subsidy of all indigents’ insurance premium
• Case Rate system
• No Balance Billing (NBB) in government hospitals
• TseKap Tamang Serbisyo sa Kalusugan ng Pamilya- Expanded
primary care benefit package
• Alamin at Gamitin (ALAGA KA) Program
Expansion of
health
insurance
coverage
and benefits
16. 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.
17. Accomplishments
Mandatory
Occupational
Safety & Health
(OSH) Training
Provided
76,180
participants from
29,923 companies
trained on
Basic Occupational
Safety and Health
(BOSH) and
Construction
Safety Training
(CST)
469 participants
completed e-BOSH
Programs
for the Workers
in the informal
sector (WIS)
Partnership with
Cooperatives,
Microfinance
Institutions and
Organized
Groups
ALkanSSSya
Program for the
Self-employed
in the Service
Sector
Subsidy
Program for the
Working poor
Technical
Services
Provided
monitored 112 construction
projects with
recommendations provided
Conducted work environment
measurement to 1,207
companies
Conducted Personal Protective
Equipment (PPE) test for 6,782
specimens
Conducted Occupational
Health Examinations to 7,170
workers from 138 companies
Accredited 81 organizations
and 189 consultants
Researches
Conducted &
Modules
Developed
Completed
24
researches
Formulated
BOSH
modules for
the mining
sector, BPOs,
and the bus
transport
18. Thematic Objective 5:
To increase budget allocation, in national and
local budget, for educational services
19. Particulars 2010 2011 2012 2013 2014 MEAN
Total Education,
Culture & Manpower
Development (in
million pesos)
240,585 271,493 299,958 330,181 383,081 305,060
As a Percentage of the
Total Budget
15.62 16.50 16.52 16.46 16.92 16.40
As a Percentage of
GDP
2.67 2.80 2.84 2.86 3.03 2.84
Education Sub-sector Budget Allocation (2010 -2014)
Accomplishments
The 16.40 mean percentage share of the education budget to the
national budget for the period 2010-2014 exceeded the UNESCO’s
recommendation of at least 15 to 20 percent of the national
budget.
20. Particulars 2010 2011 2012 2013 2014 MEAN
DepEd Budget (in
million pesos) 174,743 207,037 238,434 293,359 309,435 244,601
As a Percentage of the
Education Sector
Budget 72.63 76.26 79.49 88.85 80.78 80.18
As a Percentage of the
Total Budget 11.34 12.59 13.13 14.62 13.66 13.07
As a Percentage of
GDP 1.94 2.13 2.26 2.54 2.45 2.26
DepEd Budget Allocation (2010 -2014)
Accomplishments
Within the education sector, the biggest allocation was allotted to
DepEd for the period 2010-2014
21. Accomplishments
Slight improvement in the
completion and cohort survival
rates at the elementary level
78.83 74.23
64.3
80.5 77
64.9
0
20
40
60
80
100
Cohort Survival Completion Net Enrolment Rate
Performance in Secondary
2011 2013
73.76 78.8380.63 80.5
0
20
40
60
80
100
Cohort Survival Completion
Performance in Elementary
2011 2013
Slight increase in the completion,
cohort survival and net enrolment
rates at the secondary level.
Decrease in the number of out-of-school children ages 5-15 from
11.7%(2.9 M) in 2008 to 5.2% (1.2M) in 2013 (PIDS Study)
22. Thematic Objective 6:
To implement programs and projects
targeting poverty stricken and armed conflict
areas
23. Accomplishments
• Social protection packages for former
combatants and/or next-of-kin
• Capacity-building for local government
institutions
• Technical support to indigenous peoples
PAyapa at
MAsaganang
PamayaNAn
(PAMANA)
• Aims to uplift and develop health, education
and livelihood conditions in the Bangsamoro
communities
Sajahatra
Bangsamoro
Program
(SBP)
24. Accomplishments
•4,455,116 HH beneficiaries served (31 Dec 2014) under
Pantawid Pamilyang Pilipino Program (Pantawid Pamilya)
•6,611 of 10,008 subprojects completed (Dec 2014) under
Kapit-Bisig Laban sa Kahirapan-Comprehensive and
Integrated Delivery of Social Services (KALAHI-CIDSS)
•478,281 poor HH served under Sustainable Livelihood
Program (SLP)
Convergence
or TATSULO
•295 core shelter units completed and turned over in North
Cotabato (2012)
•1,632 core shelter units constructed; 206 units (ongoing);
462 units for implementation in ARMM
•2,520 core shelters completed/awarded in Maguindanao
Shelter
assistance
projects for
internally
displaced
families
25. Accomplishments
• Microfinance Program - led by the People’s
Credit and Finance Corporation (PCFC)
• Community-Based Employment Program (CBEP)
• Private Education Student Financial Assistance
(PESFA) Program
• Student Grants-In-Aid Program for Poverty
Alleviation (SGP-PA)
• Accelerated and Sustainable Anti-poverty
Program (ASAP)
NGA-GOCCs,
GFIs, LGUs
and SUCs
partnership
programs
• involves grassroots organizations and LGUs in the
identification of priority poverty reduction
projects that will be funded by NGAs
Bottom-Up
Budgeting
Program
26. Thematic Objective 7:
To enact a law making the Department of
Agrarian Reform Adjudication Board (DARAB)
as an independent body
27. Accomplishments
Filed House Bill 721 “An Act Creating the National Agrarian Reform Adjudication
Commission” on 05 July 2010 (pending for review)
Installed 7,842 agrarian reform
beneficiaries (ARBs) in previously
contentious private landholdings from
2012 to 2014
Engaged
CSOs in
dialogues to
address
complaints
and
grievances
Regularly posted
and updated the
list of
landholdings
with/ or w/out
NOC in the DAR
website
Resolved 156,087 Agrarian Law
Implementation (ALI) cases during
the period 2012 to June 2015
Developed and
Usage of OpTool
System in
monitoring
movements of
landholdings and
actual
accomplishments
Reactivated the MOA
with the DOJ, AFP and
DND on security and
peace enforcement
during installation of
farmer beneficiaries in
their landholdings
29. Accomplishments
Established government mechanisms that guarantee compliance
with the labor standards and labor relations provisions
Issuance of wage
advisories
5 Wage Orders
issued
in NCR, VI, IX, X
and Caraga
Advisories being
finalized in
Regions III, XI
Passage of Laws that
enhanced participation of
social partners
RA 10395 “Strengthening
Tripartism and Social
Dialogue”
RA 10396, “Strengthening
Conciliation and
Mediation as Voluntary
Mode of Settling Labor
Disputes”
Implementation of
Labor Laws Compliance
System (LLCS)
100% of the initial
target establishments
of 76,880 covered
100 percent of
establishments with
deficiencies provided
with appropriate
assistance leading to
compliance
30. Thematic Objective 9:
To harmonize areas of conflict in the
implementation of the provisions of the
Mining Law & Indigenous Peoples’ Rights Act
(IPRA)
31. Accomplishments
SDMP
Enterprise
Dev’t. &
Networking Infrastructure
Dev’t. &
Support
Services
Education
&
Educational
Support
Programs
Health
Services,
Facilities &
Health
Professionals
Protection
& Respect
of Socio-
Cultural
Values
Use of mine
camp or
plant site
facilities/
services
Human
Resource
Dev’t. &
Institutional
Building
• Around 711 barangays are
benefitting in the
implementation of the Social
Development and
Management Program
(SMDP) and Community
Development Program
(CDP) as of January 2015.
• Mining companies to spend
a total of Php P6.365 Billion
in compliance with the
approved SDMP/CDP.
• Approved SDMP and CDP
are being monitored quarterly
as to its implementation by
the Mines and Geosciences
Bureau Regional Offices.
Areas of Concern of Social Development
and Management Program (SDMP)
33. • Lack of comprehensive and disaggregated
database system
• Weak enforcement of the law (i.e., against
professional squatters)
• Weak coordination with targeted beneficiaries
• Conflicting interests (i.e., between target
beneficiaries and LGUs)
• Constrained resources
• Delays in project design, approval, contracting
and completion
35. • Mainstream HRBA in the next Philippine
Development Plan (PDP) formulation;
• Strengthen partnership and collaboration between duty-
bearers and claimholders in the course of monitoring the
implementation of policies and programs that advance
economic, social and cultural rights;
• Enhance the technical capacity of planning committees and
implementing agencies both at the national and regional levels
to harmonize plan formulation, implementation and monitoring
of results;
• Institutionalize mechanisms that would help improve the
monitoring and validation of accomplishments (i.e., database
system); and
• Lobby the passage of priority legislative measures
It may be recalled that 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 and has 160 State-parties, the Philippines being one of them.
NEDA’s work along human rights concerns explicitly started in 2006 with the issuance of Administrative Order No. 163, which mandated NEDA to be the lead agency for coordinating the country’s compliance with the ICESCR.
It seeks to guarantee the rights of every individual on the following: (Briefly enumerate.)
Gaps identified under the ICESCR Chapter following the observations and recommendations made by the Universal Periodic Review (UPR) and the Committee on Economic, Social and Cultural Rights (CESCR) include the following: (Briefly enumerate.)
Considering the foregoing, the following thematic objectives have, thus, been formulated in the ICESCR Chapter of PHRP II.
The finalization of the PHRP II-ICESCR Accomplishment report underwent series of steps such as: 1) gathering of inputs from agencies; 2) writing of the draft report per thematic objective; 3) presentation of the report and validation with agencies; 4) finalization; and 5) submission to PHRC.
The following agencies were involved in the validation of the ICESCR report. (Briefly enumerate. Note: based on actual attendance.)
From 2012 to 2015, eleven (11) ESCR-related landmark legislations have been passed in the areas of health, education, labor, social security and other social and infrastructural services.
The State is mandated “to afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall likewise ensure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane working conditions (Philippine Constitution 1987).”
In support of this mandate, the Philippine Human Rights Plan (PHRP) strives to ensure that the rights of workers as embodied in the Labor Code of the Philippines are enjoyed to 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.
In line with the constitutional mandate of assigning the highest budgetary priority to education and in pursuit of the government’s commitment to quality education, the education sector was accorded top priority in terms of budgetary allocation.
The table shows the Education Sub-sector Budget Allocation for the period 2010 -2014.
The 16.40 mean percentage share of the education budget to the national budget for the period 2010-2014 exceeded the UNESCO’s recommendation of at least 15 to 20 percent of the national budget.
Within the education sector, the biggest allocation over the years was given to basic education. This is an affirmation of the highest priority to basic education as a basic human right that should be enjoyed by all.
The graph on the left shows that there is a slight improvement in the completion and cohort survival rates at the elementary level while the graph on the right shows a slight increase in the completion, cohort survival and net enrolment rates at the secondary level.
Moreover, a study by the Philippine Institute for Development Studies (PIDS) highlighted the decrease in the number of out-of-school children in the country, from 2.9 million (representing 11.7 percent of children aged 5-15) in 2008 to 1.2 million (5.2 percent) in 2013. The decline was largely attributed to the reforms and investments in basic education, specifically the passage and implementation of the Kindergarten Education Act (Republic Act No. 10157) and the Enhanced Basic Education Act (Republic Act No. 10533); the increase in DepEd budget that allowed for significant accomplishments; and the increased household coverage of the Pantawid Pamilya Program.
The government’s main strategy in poor areas where human security is at risk are the pursuit of peace-building efforts and increased provision for basic social services. PAMANA is the national government’s convergence framework and flagship development program for areas affected by conflict. PAMANA provides socio-economic development support to conflict-afflicted areas that have not been prioritized under regular agency programs. Such support includes: (1) social protection packages for former combatants and/or next-of-kin; (2) capacity-building for local government institutions; and (3) assistance to indigenous peoples in the form of technical support. Philippine Development Plan (PDP) 2011-2016 Midterm Update
A development initiative called the Sajahatra Bangsamoro Program (SBP) was also launched after the historic signing of the Framework Agreement on the Bangsamoro (FAB) between the government of the Philippines and the Moro Islamic Liberation Front (MILF). Jointly implemented by the two parties of said agreement, the program aims to uplift and develop health, education and livelihood conditions in the Bangsamoro communities.
Shelter assistance projects are also extended to persons who are internally displaced due to armed hostilities. In North Cotabato, 295 core shelter units were completed and turned over in 2012 to displaced families through the DSWD. Autonomous Region in Muslim Mindanao-DSWD (ARMM-DSWD) is also implementing a core shelter program in Maguindanao which targets about 2,300 units, of which 1,632 have been constructed, 206 are ongoing implementation, and 462 are ready for implementation as of the third quarter of 2014. The ARMM Office of the Regional Governor has also completed and awarded 2,520 core shelters for displaced families in Maguindanao.
Further to the mentioned programs specifically implemented for conflict areas, the government with DSWD as the lead agency, employs the Convergence or TATSULO across the country as a strategy to harmonize its core poverty reduction programs, which include:
the Pantawid Pamilyang Pilipino Program, which has 4,455,116 total household beneficiaries as of December 31, 2014.
The KALAHI-CIDSS is a community-driven development (CDD) project of the DSWD which aims to empower communities by capacitating their citizens to participate in local governance, particularly in identifying and implementing local solutions to poverty issues.
- The Sustainable Livelihood Program (SLP), a program which aims to improve the socioeconomic capacity of the participants through micro-enterprise development and employment facilitation activities that shall ultimately provide a sustainable income source, is also part of the TATSULO.
There are also several launched programs by the National Government Agencies (NGAs) in partnership with Government-Owned and Controlled Corporations (GOCCs), Government Financing Institutions (GFIs), Local Government Units (LGUs) and State Universities and Colleges (SUCs) that directly benefitted poor households. These include the:
1) Microfinance Program led by the People’s Credit and Finance Corporation (PCFC), which offers wholesale short, medium and long term investment loans to accredited microfinance institutions (MFIs)
2) Community-Based Employment Program (CBEP) undertaken by the Department of Labor and Employment (DOLE) is geared to reduce poverty by providing temporary or immediate employment to skilled, semi-skilled and low-skilled workers in the community by using labor-based equipment supported method.
3)Private Education Student Financial Assistance (PESFA) Program aims to provide equity and access to private TVET provision for the poor but deserving high school graduates.
4) Student Grants-In-Aid Program for Poverty Alleviation (SGP-PA) entitles at least one college going-member of 4Ps recipient families to enroll in identified leading State University and Colleges (SUCs) where each student-beneficiary receives a maximum of PhP 60,000.00 grant per school year.
5) The Accelerated and Sustainable Anti-poverty Program (ASAP) is a geographically-targeted approach to further reduce poverty by generating better quality jobs, engaging and employing the poor in selected provinces and municipalities.
A budget and planning approach taking into consideration the development needs of cities/municipalities, known as the Bottom-Up Budgeting (BUB) program, is also implemented to enhance the process to involve grassroots organizations and LGUs in the identification of priority poverty reduction projects that will be funded by NGAs. This is to increase citizens' access to local service delivery through a demand-driven budget planning process, as well as to strengthen government accountability in local public service provision.
On thematic objective 7, the PHRP targeted the passage of a legislation transferring the Department of Agrarian Reform Adjudication Board (DARAB) under the Supreme Court by 2012, with the intention of making the Board an independent adjudicating body. To this end, House Bill 721 “An Act Creating the National Agrarian Reform Adjudication Commission” was filed on 05 July 2010 but remains pending for review by the House of Representatives-Committee on Agrarian Reform.
The PHRP also highlighted the importance of ensuring land occupancy of installed farmer beneficiaries and increasing the number of resolved cases arising from conflicts relative to the implementation of CARP/CARPER. At present, 7,842 agrarian reform beneficiaries (ARBs) have been installed in previously contentious private landholdings from 2012 to 2014. Also, 156,087 Agrarian Law Implementation (ALI) cases have already been resolved during the period 2012 to June 2015.
The government also engages in dialogues with civil society organizations (CSOs) to address complaints and grievances on cases where provisions of the law are not being complied by field offices. To ensure accountability, investigations are conducted and cases are filed against employees who commit gross violations of existing rules and regulations of the CARPER. DAR also regularly posts and updates a list of landholdings with NOC and those without NOC in its website for transparency purposes.
DAR has started validating its field office reports with data from partner agencies, which are LBP, DENR and LRA, in order to avoid discrepancies and make reports more accurate. The agency has also started using a computerized system called OpTool in monitoring movements of landholdings and actual accomplishments. The foregoing accomplishments are in line with the PHRP’s target of giving more weight and consideration for recommendations emanating from the field to ensure strict observance of the CARPER.
Significant accomplishments have also been achieved in the area of strengthening partnership with DOJ, AFP and DND on ensuring security and peace during installation of farmer beneficiaries in their landholdings.
To ensure that communities derive benefits from mining activities in their areas, mining operators are obliged to spend on social development initiatives. For one, all operating mining contractors/permit holders are required to submit and implement a Social Development and Management Program (SDMP), in consultation and in partnership with the host and neighboring communities as provided for under DENR Administrative Order (DAO) No. 2010-21, the Consolidated DAO for the Implementing Rules and Regulations of Republic Act No. 7942, the Philippine Mining Act of 1995. They shall allot annually a minimum of one and half percent (1.5%) of the operating costs for the implementation of SDMP. The SDMP aims to promote the general welfare of the communities in the affected areas of mining.