1 | Page Final Draft PHRP II - ICESCR Chapter Accomplishment Report ·18 August 2015 International Covenant on Economic, Social and Cultural Rights 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 160 State-parties to the ICESCR, the Philippines being one of them. It seeks to guarantee the rights of every individual on the following: (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, which includes the provision of social insurance; (7) Protection and assistance accorded to the family, with children being protected from economic exploitation; (8) Right to an adequate standard of living, including the provision of adequate food, clothing and housing; (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 resulting from any scientific, literary or artistic production. Accordingly, various legislative, administrative and policy measures have been adopted by the government to promote and protect economic, social, and cultural rights. Issues relating to 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, food, poverty, unemployment and underemployment, exploration, development and utilization of mineral resources were clustered into nine thematic objectives to address observations and recommendations made by the Universal Periodic Review (UPR) Technical Working Group and the Committee on Economic, Social and Cultural Rights (CESCR). Strategic indicators, medium-term and annual targets as well as responsible agencies involved in addressing these concerns were identified. This chapter presents the accomplishments for each thematic objective, the challenges, prospects and policy recommendations. Thematic Objective 1: To mainstream the Human Rights-Based Approach (HRBA) in development planning and policy-formulation processes at all Levels of government In pursuit of a better quality of life for all Filipinos, NEDA’s approach to development planning evolved overtime. Responding to the expressed human development goals and objectives of the citizens, it has increasingly and explicitly integrated human development concerns in its development framework. Hence, from the basic needs approach to development planning, it has now openly considered human rights in its development planning approach. 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. Subsequently, on 10 December 2008, the President issued Administrative Order No. 249, directing the NEDA to integrate, reflect and define the principles of HRBA in the formulation of the country’s development policies, plans and programs. In compliance, the NEDA Director-General issued instructions for all NEDA sector staffs and all regional development councils to incorporate the principles of HRBA in all development policies, plans and programs and in the monitoring and evaluation activities. In line with NEDA’s commitment to continuously capacitate its staff in mainstreaming HRBA in the planning process, it also conducted the HRBA Executive Course in Governance on 9-10 October 2014. This was attended by 30 participants from NEDA, Presidential Legislative Liaison Office (PLLO), Department of Environment and Natural Resources (DENR), Office of the President (OP), and Commission on Human Rights (CHR). The course discussed the definitions of governance, good governance, democratic governance, the
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1 | P a g e Final Draft PHRP II - ICESCR Chapter Accomplishment Report ·18 August 2015
International Covenant on Economic, Social and Cultural Rights
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 160 State-parties to the ICESCR,
the Philippines being one of them. It seeks to guarantee the rights of every individual on the following: (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, which includes the provision of social
insurance; (7) Protection and assistance accorded to the family, with children being protected from economic
exploitation; (8) Right to an adequate standard of living, including the provision of adequate food, clothing and
housing; (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 resulting from any scientific, literary or artistic production.
Accordingly, various legislative, administrative and policy measures have been adopted by the government to
promote and protect economic, social, and cultural rights. Issues relating to 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, food,
poverty, unemployment and underemployment, exploration, development and utilization of mineral resources
were clustered into nine thematic objectives to address observations and recommendations made by the
Universal Periodic Review (UPR) Technical Working Group and the Committee on Economic, Social and
Cultural Rights (CESCR). Strategic indicators, medium-term and annual targets as well as responsible agencies
involved in addressing these concerns were identified. This chapter presents the accomplishments for each
thematic objective, the challenges, prospects and policy recommendations.
Thematic Objective 1: To mainstream the Human Rights-Based Approach (HRBA) in development
planning and policy-formulation processes at all Levels of government
In pursuit of a better quality of life for all Filipinos, NEDA’s approach to development planning evolved
overtime. Responding to the expressed human development goals and objectives of the citizens, it has
increasingly and explicitly integrated human development concerns in its development framework. Hence,
from the basic needs approach to development planning, it has now openly considered human rights in its
development planning approach.
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. Subsequently, on 10 December 2008, the President issued Administrative Order No. 249, directing
the NEDA to integrate, reflect and define the principles of HRBA in the formulation of the country’s
development policies, plans and programs. In compliance, the NEDA Director-General issued instructions for
all NEDA sector staffs and all regional development councils to incorporate the principles of HRBA in all
development policies, plans and programs and in the monitoring and evaluation activities.
In line with NEDA’s commitment to continuously capacitate its staff in mainstreaming HRBA in the planning
process, it also conducted the HRBA Executive Course in Governance on 9-10 October 2014. This was
attended by 30 participants from NEDA, Presidential Legislative Liaison Office (PLLO), Department of
Environment and Natural Resources (DENR), Office of the President (OP), and Commission on Human Rights
(CHR). The course discussed the definitions of governance, good governance, democratic governance, the
2 | P a g e Final Draft PHRP II - ICESCR Chapter Accomplishment Report ·18 August 2015
Ruggie Framework, and the similarities, differences and linkage between the human rights and good
governance principles. Also, an HRBA Refresher Course to Development Planning was conducted on 6-5
November 2014 and attended by 47 participants from NEDA-Central Office (NEDA-CO) & NEDA Regional
Offices (NROs), CHR and CHR-United Nations Development Programme Project Management Office (CHR-
UNDP PMO). The objectives of the course were to provide better appreciation of theory and practice of HRBA
to development planning, to heighten confidence in applying HRBA, and to express critical views on impact
and sustainability of HRBA to development planning. With the conduct of these series of capacity-building
activities, NEDA has expanded its pool of trained development planners and planning officers.
Another institutional activity of the NEDA was the issuance of the Guidelines on Mainstreaming HRBA
Principles in the Medium-Term Philippine Development Plan (MTPDP) and the Medium-Term Regional
Development Plan (MTRDP). Said guidelines intended to facilitate mainstreaming the principles of HRBA in
the national and regional development plans for the period 2011-2016. The guidelines consisted of three main
sections, namely: Guiding Human Rights Parameters, Principles and Standards; Specific Guidelines in Applying
Human Rights to Particular Sector/Area; and Companion Guide Questions.
HRBA mainstreaming in the country’s national development plan is evidenced by the integration of the human
rights principles in the PDP 2011-2016, particularly in the following chapters: (a) Chapter 7 – Good Governance
and the Rule of Law; (b) Chapter 8- Social Development; and (c) Chapter 9 – Peace and Security.
NEDA also conducted activities towards mainstreaming sector specific rights in development planning.
Specifically on mainstreaming the rights of the child, the NEDA-SDS conducted a special session on
“Integrating Children’s Rights in Development Planning”. This activity highlighted how such integration is
important, particularly in areas of macroeconomic stability, and financial sector development.
In 2013, activities were conducted to further strengthen the mainstreaming of child’s rights in the PDP 2011-
2016 and selected Regional Development Plans (RDPs). The various chapters of the Plans were assessed using
guide questions that highlight the rights of the child. The assessment allowed for the preparation of a document
entitled “Mainstreaming Child Rights in Development Planning”, which contains a set of child rights-
responsive policy and program recommendations as well as guidelines for mainstreaming child rights in
development planning. The document served as a starting point in ensuring the integration of child rights in all
levels of development planning.
Moreover, there were various Joint Memorandum Circulars (JMCs) issued to ensure integration of HRBA in
local government plans. These include the following: (a) DILG-CHR JMC No.1, s.2014: Mainstreaming
Human Rights through the Rule of Law and Access to Justice at the Level of Provinces, Cities, Municipalities
and Barangays; (b) DBM-DILG-DSWD-NAPC JMC No. 6: Policy Guidelines and Procedures in the
Implementation of the Bottom-Up Budgeting Projects for FY2015; and (c) PCW-DILG-DBM-NEDA JMC No.
2013-01: Guidelines on the Localization of the Magna Carta of Women. Moreover, there is a Department of
Education (DepEd) Memorandum No. 97, s. 2014 designating DepEd representatives to the Child-Friendly
Local Governance (CFLG) Audit Team, which will allow them to participate in undertaking the mandatory
assessment of all local government units (LGUs). The Office of the Presidential Adviser on the Peace Process
(OPAPP) also inititated efforts on mainstreaming of the conflict-sensitive and peace-promoting (CSPP)
approach in government planning, budgeting, program implementation, monitoring and evaluation systems and
processes most notably in the PAyapa at MAsaganang PamanayaNAn (PAMANA) program wherein
development interventions provided in conflict-affected areas by the PAMANA partner agencies (e.g., DSWD,
DA, DAR, etc.) are carried out with a CSPP-lens in project identification, implementation, and evaluation.
NEDA’s future prospects include the mainstreaming of HRBA in planning in the guidelines for the formulation
of the successor PDP and conduct of training/workshops on HRBA principles for NEDA and other agency
members of the various Planning Committees, both at the national and regional levels. The full utilization of
the NEDA HRBA Toolkit to Development Planning1 published in 2011 is also seen as a strategy to
1 The toolkit designed, developed and written by Maria Socorro I. Diokno under the NEDA project presents human rights
tools, processes and methodologies formulated and implemented by human rights and development institutions worldwide
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continuously capacitate those who were unable to participate in the previous capacity building activities on
HRBA.
Thematic Objective 2: To review and monitor existing legislation related to the promotion and protection
of economic, social and cultural rights
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 infrastructure services. These include the following: (1)
RA 10606, National Health Insurance Act of 2013; (2) RA 10354, Responsible Parenthood and Reproductive
Health Act of 2012; (3) RA 10351, Sin Tax Reform Law (2012); (4) RA 10645, Mandatory PhilHealth
Coverage for all Senior Citizens (2014); (5) RA 10157, Kindergarten Education Act (2012); (6) RA 10533,
Enhanced Basic Education Act of 2013; (7) RA 10361, The Domestic Workers Act or Batas Kasambahay
(2013); (8) RA 10364, The Expanded Anti-Trafficking in Persons Act of 2012; (9) RA 10353, The Anti-
Enforced or Involuntary Disappearance Act of 2012; (10) RA 10368, The Human Rights Victims Reparation
and Recognition Act of 2013; and (11) RA 10665, The Open High School System Act of 2015.
In view of meeting the medium-term target of amending ESCR-related national and local legislations with the
right to housing as strategic entry point, a number of housing legislative agenda were pursued such as: (1) the
Creation of the Department of Housing and Urban Development (DHUD); (2) Balanced Housing Requirement
for Condominium Projects; (3) Establishment of Local Housing Boards; (4) National Land Use Act (NALUA);
(5) Comprehensive and Integrated Shelter Finance Act (CISFA) II, among others. The passage of these bills
will provide a holistic and systematic approach to sustainable urban development from the preparation of
Comprehensive Land Use Plans (CLUPs) and local shelter plans, the creation and operation of local housing
boards in the LGUs, and the provision for an expanded socialized housing provision.
In October 2012, the Housing and Land Use Regulatory Board (HLURB) approved the implementing rules
and regulations (IRR) for Section 18 of the Urban Development and Housing Act of 1992 (RA 7279)
through Board Resolution 890. The resolution requires developers of proposed residential subdivision
projects to improve an area for socialized housing through balanced housing development, slum upgrading,
joint venture with LGUs, participation in the Community Mortgage Program (CMP), and development of
new settlements. The resolution took effect on 1 January 2013 and memorandum circulars were
subsequently issued to provide uniform application, interpretation, usage and implementation of the
different manners of compliance.
The government is committed towards inclusive urban development where people of varying income levels are
integrated in productive, healthy and safe communities. Table 1 shows that from 2012 to 2014, the National
Shelter Program (NSP) delivered direct housing assistance to 576, 335 households or 76.13 percent of the PDP
2011-2016 set target of 757,000 for the same period. The NSP’s direct housing assistance is comprised of the
National Housing Authority (NHA) Housing Production, Social Housing Finance Corporation’s (SHFC) CMP
and Home Development Mutual Fund’s (HDMF) Retail and Development Financing. The NHA Housing
Production Tier 1 is an on-going resettlement program for the following: (1) Informal Settlement Families
(ISFs) affected by infrastructure projects in Metro Manila; (2) housing program for those living in danger areas
in Metro Manila and in nearby provinces; (3) regional settlement; and 4) NHA condemned building. Likewise,
the NHA Housing Program Tier 2, which is a new and expanded program, is comprised of the following: (1)
resettlement programs for those ISFs in the Manila Bay Area; (2) housing assistance program for calamity
victims; (3) settlements upgrading; (4) housing program for low-income military and police personnel; and (5)
other local housing programs.
In addition, the combined indirect housing provision by the Home Guarantee Corporation (HGC), HLURB,
National Home Mortgage Finance Corporation (NHMFC) and Housing and Urban Development Coordinating
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.
There were mixed results in terms of learning efficiency and access to education of Filipinos. Cohort survival
rate (CSR) and completion rate (CompR) showed slight improvement from 2011 to 2013 both at the elementary
and secondary levels. CSR and CompR increased from 73.76 to 80.63 percent and from 78.83 to 80.5 percent,
respectively at the elementary level. At the secondary level, CSR and CompR increased from 78.83 to 80.5
percent and from 74.23 to 77.0 percent, respectively. On the other hand, participation rate in elementary
declined from 97.1 percent (2011) to 93.8 percent (2013) while the rate slightly increased in secondary from
64.3 percent (2011) to 64.9 percent (2013). The DepEd attributed the decline in Net Enrollment Rate (NER) to
the enhancement of the Basic Education System (e-BEIS) in SY 2013-2014 which reflected more accurate
figures. Moreover, a study by the Philippine Institute for Development Studies (PIDS) highlighted the decrease
in 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.
In support of the K to 12 Program, Php 1.7 billion was appropriated in 2014 for the procurement of over 42
million learning modules and teaching guides towards attaining the ideal 1:1 student per textbook ratio.
Currently, the DepEd is preparing for the implementation of the Senior High School (SHS) curriculum of the K
to 12 Program starting SY 2016-2017. The SHS will cover core learning areas that adhere to the College
Readiness Standards of the Commission on Higher Education (CHED) and specific tracks based on
4 broad disciplines, namely: (1) Academic (Accountancy, Business and Management; Humanities and Social
Sciences; Science, Technology, Engineering and Mathematics; General Academic); (2) Technical-Vocational-
Livelihood; (3) Sports; and (4) Arts and Design. For FY 2014, SHS allocation to classrooms and seats
amounted to Php 15.6 billion and Php 315.6 million, respectively. Under FY 2015, DepEd allocation increased
to Php 30 billion for classrooms, Php 675 million for seats, Php 1.13 billion for Techvoc workshops and Php
130 million for techvoc equipment. In 2016, an estimated 1.6 to 2.0 million Grade 10 completers (1 cohort only)
are expected to enrol in Grade 11 and the same number of students is also expected to enrol in SHS in the
succeeding year.
The Government Assistance to Students and Teachers in Private Education (GASTPE) Program was allocated
PhP8.3 billion in 2015. This is expected to increase to a total of PhP21.19 billion because of the SHS voucher
program.
Thematic Objective 6: To implement programs and projects targeting poverty stricken and armed
conflict areas
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.4 The 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-
4 Philippine Development Plan (PDP) 2011-2016 Midterm Update
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kin; (2) capacity-building for local government institutions; and (3) assistance to indigenous peoples in the form
of technical support.5
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. 6
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 programs7, which are as follows:
Pantawid Pamilyang Pilipino Program (Pantawid Pamilya) is a poverty reduction program using
conditional cash transfer to provide social assistance for immediate needs of the family and break the
inter-generational poverty through human capital investments. The beneficiary households are selected
through the NHTS-PR conducted by the DSWD and the Family Income and Expenditure Survey (FIES)
and Small Area Estimates (SAE) of the NSCB.
Kapit-Bisig Laban sa Kahirapan- Comprehensive and Integrated Delivery of Social Services (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.
Sustainable Livelihood Program (SLP) 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.
Several National Government Agencies (NGAs), some in partnership with Government-Owned and Controlled
Corporations (GOCCs), Government Financing Institutions (GFIs), LGUs and State Universities and Colleges
(SUCs) also implement programs that directly benefit poor households.8
5 See Appendix A for accomplishments. 6 See Appendix A for accomplishments. 7 See Appendix B for accomplishments of core poverty reduction programs. 8 See Appendix C
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Furthermore, a spatial-based poverty strategy is also directed by the PDP 2011-2016 Midterm Update.9 To
ensure and fast track implementation of such, the Accelerated and Sustainable Anti-poverty Program (ASAP)
has been initiated by the Human Development and Poverty Reduction Cabinet Cluster (HDPRC) to further
reduce poverty by generating better quality jobs, engaging and employing the poor in selected provinces and
municipalities. The ASAP deliberately links the poor with the private sector, with government resolving the
constraints so that this can be sustained. At present, ASAP is in its pilot phase and covers 29 municipalities in
the 10 provinces under Category 1.
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. The
program commenced in 2013 where 7,603 projects were identified, of which the delivery rate (completed and
ongoing projects) is 71 percent and 15 percent have not yet started implementation (either pipelined or
proposed). For the year 2014, there were 19,737 identified projects, 52 percent of which are either completed or
ongoing, while 48 percent are pipelined or at the proposal stage. On the other hand, 14,386 projects have been
identified for the Fiscal Year 2015.
However, effective implementation of such programs and projects in poverty stricken and armed conflict areas
remain to be challenging for concerned agencies. DSWD particularly identifies issues and challenges on (1)
coordination in the delivery of social services; (2) low sustainability of microeconomic enterprises; (3)
conflicting interests of target beneficiaries (e.g., political, clan/tribal conflict); (4) Lack of skills among former
rebels and decommissioned combatants appropriate and necessary for employment (e.g., required level of
education, skills training, work experience); and (4) loss of livelihood assets due to conflict. To address these,
the following policy interventions are recommended:
Harmonization and integration of strategies, policies, programs and projects, and its guidelines;
Enhancement of strategies and intervention packages to include tools/technologies appropriate to
community-managed enterprises;
Strengthening of conflict-sensitive and peace promoting principles/approaches in implementation of
programs and projects;
Ensure provision of livelihood and skills training in livelihood assistance projects and programs; and
Social protection or micro-insurance to establish conflict-resilient enterprises.
Thematic Objective 7: To enact a law making the Department of Agrarian Reform Adjudication Board
(DARAB) as an independent body
The implementation of the Comprehensive Agrarian Reform Program (CARP), being a piece of social
legislation which limits property rights and distributes land, inevitably generated numerous disputes. To
address this concern, the Department of Agrarian Reform Adjudication Board (DARAB) was created under
Executive Order No. 129 dated July 26, 1987. The DARAB was envisioned to provide the disadvantaged
agrarian reform beneficiary an expeditious and inexpensive mode of resolving conflict. Its proceedings are
summary in nature and non adversarial in character.10
9 The PDP Midterm Update deliberately addresses the constraints faced by the poor by clustering them on the basis of a set
of criteria and identifying specific strategies to address these constraints. Three clusters of provinces were placed under
these three categories: (a) Category 1 -provinces with high magnitude of poor provinces with high magnitude of poor
households as identified from the NHTS-PR; (b) Category 2 -provinces with highest poverty incidence based on FIES; and
(c) Category 3 -provinces exposed to multiple hazards. 10 Excerpts from the Explanatory note of Sen. Nene Pimentel for Sen. Bill No. 1177
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Despite the good intentions behind its creation, the DARAB is perceived to be beset with serious structural
flaws, specifically with respect to its composition and its capacity to effectively discharge its mandated tasks.
In order to address this concern, the PHRP targeted the passage of a legislation creating an independent body
that will settle controversies arising from the implementation agrarian reform laws. 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/ Comprehensive Agrarian Reform Program Extension with Reforms (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 the 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 Notice of Coverage (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 Land Bank of the
Philippines (LBP), DENR and Land Registration Authority (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.
Reactivating the MOA with the Department of Justice (DOJ), Armed Forces of the Philippines (AFP), and
Department of National Defense (DND) on security and peace enforcement during installation of farmer
beneficiaries in their landholdings was also identified as a PHRP target. Significant accomplishments in this
area are the following:
Successful installation of ARBs in the Matias property involving Title No. T-123562 with an area of 101
hectares, in partial, in July 2015 with the assistance of AFP, PNP based on the Joint DAR, DILG, DND
MC. No. 5, Series of 2002, with the support of other line agencies (DOJ, CHR, DSWD and Local
Government Unit of San Francisco, Quezon). Total ARBs installed in the 1,715 hectare property is now
283 ARBs.
On January 2015, ARBs were installed in the 119 hectare Victorias Milling Corporation in Victorias,
Negros Occidental with the assistance of the PNP.
However, agrarian reform remains to be completed and the sector still needs to overcome the following
challenges to fast-track redistributive justice. House Bill 721 remains pending at the committee level, despite
being transmitted to the Committee as early as 28 July 2010. Moreover, it is not certified as a priority bill of the
administration.
In terms of speeding up agrarian reform, DAR has been experiencing difficulties in accelerating delivery of
output while strictly observing the processes mandated by law. This implies a need for enforcement of a strict
monitoring system and a more effective internal communications and reporting system in DAR.
On agrarian justice, strong resistance from landowners and their supporters remains to be the main challenge in
peacefully maintaining and installing farmer beneficiaries in their rightful landholdings. “Second-generation
problems”, such as cancellation of registered Certificates of Land Ownership Award (CLOAs) / Emancipation
Patents (EPs) and other titles issued by the Department, also slows down resolution of ALI-related cases.
15 | P a g e Final Draft PHRP II - ICESCR Chapter Accomplishment Report ·18 August 2015
In order to improve land tenure security and fast-track the completion of agrarian reform, the following actions
are recommended:
Reconsideration of HB 721 by the DAR;
Enforcement of strict monitoring system and more effective internal communications and reporting system
in DAR;
Close coordination with the PNP on the implementation of the Joint DAR-DILG-DND Memorandum
Circular No. 5, Series of 2002, "Law Enforcement of Agrarian Reform Laws and Program";
Establishment of a PNP Detachment & Inter Agency Action Center in areas where resistance is strong;
Continuous monitoring and assistance of Inter Agency Committee on the activities of the ARBs; and
Issuance of policies and guidelines on “second-generation problems”.
Thematic Objective 8: To monitor the wage boards & regulatory agencies
In compliance with the recommendations of the UN Committee on ESCR, PHRP II cited the following as
strategic indicators in the achievement of the above-mentioned thematic objective: (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.
As of October 2013, five (5) Wage Orders from Regional Tripartite Wages and Productivity Boards (RTWPBs)
NCR, VI, IX, X and Caraga were issued granting daily wage increase in agriculture in the amounts of Php10,
Php10, Php13, Php20 and Php10, respectively.
During the conduct of three area-based consultations in August 2013, the Boards committed to close the gaps of
minimum wage rates falling below poverty threshold in two to three years and issue wage advisories on
productivity based pay scheme for the region’s growth industries based on the PDP 2011-2016:
On the first tier, there are 18 rates falling below poverty threshold ranging from P3-P98 in regions
CAR, I, II, III, IV-A, IV-B, V, VIII, XIII and ARMM and mostly in retail/service establishments.
On the 2nd tier, the Boards have identified their priority growth sectors which are subject to issuance
of their advisories.
As of 2013, Regions IV-A and CAR have already issued their respective wage advisories while
Regions III, XI and XII are in the process of finalizing their advisories. The rest of the Boards are
conducting consultations with stakeholders of the selected growth industries. The boards will provide
technical assistance through productivity orientation and capacity buildings to Micro Small and
Medium Enterprises (MSMEs) in the growth industries including their supply chain.
On labor policies, broad participation of the social partners in policy and decision-making has been propelled by
the passage of Republic Act 10395 (Strengthening Tripartism and Social Dialogue) on 14 March 2013. The
Single-Entry Approach for fair, speedy, inexpensive labor justice has been institutionalized by the passage of
Republic Act 10396 (Strengthening Conciliation and Mediation as Voluntary Mode of Settling Labor Disputes)
mandating a 30-day conciliation of all labor cases and keeping arbitration as last resort.
In line with the PHRP’s target to increase the number of labor inspectors to ensure compliance of companies,
firms, individuals and entities of the minimum wage standards, DOLE started the implementation of the Labor
Laws Compliance System (LLCS), which is realized through the following modalities: Joint Assessment;
Compliance Visit; and Occupational Safety and Health Standards Investigation. The new system is a shift from
a regulatory compliance approach to a system that adopts both developmental and regulatory approaches, not
only to encourage voluntary compliance but also benefit the MSMEs. In the 2013 ICESCR Country Report,
DOLE committed that 600 labor law compliance officers and inspectors will implement the LLCS by the third
quarter of 2013. Through the LLCS, 100 percent of the initial target establishments of 76,880 were covered and
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100 percent of establishments with deficiencies were provided with appropriate assistance leading to
compliance.11
Thematic Objective 9: To harmonize areas of conflict in the implementation of the provisions of the
Mining Law & Indigenous Peoples’ Rights Act (IPRA)
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.
The following are the areas of concern being addressed by the programs/projects/activities of SDMP:
1. Human Resource Development and Institutional Building;
2. Enterprise Development and Networking;
3. Assistance to Infrastructure Development and Support Services;
4. Access to Education and Educational Support Programs;
5. Access to Health Services, Health Facilities and Health Professionals;
6. Protection and Respect of Socio-Cultural Values; and
7. Use of facilities/services within the mine camp or plant site.
Further, all Exploration Permit Holder or a Mineral Production Sharing Agreement or Financial or Technical
Assistance Agreement in the Exploration Stage are required to develop and implement Community
Development Program which implementation shall be supported by a fund equivalent to a minimum of ten
percent (10%) of the budget of the approved two (2)-year Exploration Work Program.
The Mines and Geosciences Bureau Regional Offices conduct quarterly monitoring of the implementation of
approved SDMP and Community Development Program (CDP). However, due to lack of manpower monitoring
periods are shortened. In this regard and in line with the rationalization plan, MGB will hire additional
employees to perform the required monitoring activity.
As of January 2015, there are around 711 barangays benefitting in the implementation of SDMP and CDP. A
total of Php 6.365 billion will be spent by mining companies in compliance with the approved SDMP/CDP.
The common challenges faced by mining companies are the following:
1. Presence of anti-mining groups;
2. Capacity building of the host and neighboring barangays; and
3. Location of project sites.
It is a great challenge for the mining industry to win the support of the locals especially if the anti-mining
groups are present in the area. In addition, host and neighboring communities are required to be capacitated in
order for them to implement the SDMP sustainably with emphasis on livelihood programs. In connection to
this, mining companies should intensify and strengthen their Information, Education and Communications
(IEC) program to develop awareness on the benefits of mining. Capacity building programs should be
incorporated and be prioritized by the mining companies to ensure successful implementation.
11 Department of Labor and Employment (DOLE). (27 April 2015). Road to Reform: The birth of LLCS and how it
propagates the culture of voluntary compliance with labor laws. Retrieved from http://www.dole.gov.ph/news/view/2780
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In addition, most of the mining companies implement projects on top of the approved SDMP which is
considered as Corporate Social Responsibility (CSR).
It is suggested that the implementation of the IPRA be reviewed to ascertain whether the IPs’ right to self-
determination is still being respected and recognized to ensure that they are protected from developmental
aggression, human rights violations and militarization.