JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of the Philippines covering the period 2016 - 2017 Accompanying the document Report from the Commission to the European Parliament and the Council Report on the Generalised Scheme of Preferences during the period 2016 - 2017
Date: 2018-01-19
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Philippines, common commercial policy, environmental protection, generalised preferences, governance, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 19.1.2018  SWD(2018) 32 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of the Philippines covering the period 2016 - 2017 Accompanying the document Report from the Commission to the European Parliament and the Council Report on the Generalised Scheme of Preferences during the period 2016 - 2017 {COM(2018) 36 final} - {SWD(2018) 23 final} - {SWD(2018) 24 final} - {SWD(2018) 25 final} - {SWD(2018) 26 final} - {SWD(2018) 27 final} - {SWD(2018) 28 final} - {SWD(2018) 29 final} - {SWD(2018) 30 final} - {SWD(2018) 31 final}  
 
 
The Philippines GSP+ Assessment  

1. Country Overview 

In 2016, the Philippines (population 103.2 million) overtook China and Vietnam in economic 
growth  (6.9%)  resulting  in  further  improvements  in  addressing  poverty,  hunger  and 
unemployment,  and  remains  on  the  upward  track  in  terms  of  macro-economic  policy 
indicators. Yet, the Philippines' export-oriented sector remains weak and dependent on a few 
countries and sectors. 

President Duterte, sworn in on 30 June 2016, won the elections on a programme to fight crime 
(drug abuse and corruption) and poverty and on the promise to address the violent conflicts in 
the country. The Government issued a '10 point socio-economic plan' including investment in 
human  capital  development  through  health,  education  and  employment,  improvement  of 
social protection and strengthening of the implementation of reproductive and maternal health 
measures.  

Economic reforms are having an effect and have helped to raise the per capita income to USD 
3,023 or USD 8,297 at PPP value. Poverty fell from 25.2% in 2012 to 21.6% in 2015, taking 
3.7  million  Filipinos  out  of  poverty.  Extreme  poverty  went  down  from  5.8%  to  5.1%. 
According  to  the  World  Bank,  the  pace  of  poverty  reduction  will  accelerate  if  economic 
growth  becomes  more 
lifting  another  million  Filipinos  out  of  poverty. 
Unemployment  figures  continue  to  fall  (from  7.0  %  in  2014  to  most  recently  5.6%).  The 
Government's  ambition  is  to  reach  upper  middle  income  status  by  2022.  Nevertheless, 
incidence  of  hunger  remains  high  (9.5%);  and  governance  issues  and  natural  disasters 
continue to challenge the country's development. 

inclusive, 

Bringing peace to the longstanding conflict-ridden parts of the country – the Mindanao Peace 
Process and the talks with the Communist Party of the Philippines, the New People's Army as 
well as the National Democratic Front – has been an important issue for President Duterte. In 
July  2016,  the  President  approved  a  Comprehensive  Peace  Road  Map  which  aims  at 
completing  the  negotiations  with  all  rebel  groups,  the  implementation  of  the  signed 
agreements, and delivery of socio-economic development assistance in conflict-affected areas. 
One  of  the  most  notable  developments  has  been  the  negotiations  on  the  Bangsamoro  Basic 
Law (BBL), which resulted in the Bangsamoro Transition Committee approving a final draft 
of the proposed BBL in June 2017. It has been submitted to Congress. 

After a promising start in the second half of 2016, negotiations with the Communist Party of 
the Philippines have been called off. In response to attacks by ISIS-affiliated terrorist groups 
in the city of Marawi, President Duterte on 23 May 2017 declared a 60-day martial law for the 
island of Mindanao, which was subsequently extended until the end of 2017. The conflicts in 
the Philippines continue to have a negative human rights impact, in particular on indigenous 
people and have led to a high number of displaced people. 

During  the  reporting  period  2016-2017,  national  and  international  actors  have  expressed 
concern about the human rights situation in the country, notably as regards the high number of 
killings  related  to  the  Government's  fight  against  illegal  drugs,  the  lack  of  investigations  of 
these killings, the situation of human rights defenders and the Government's intention to re-
introduce the death penalty and to lower the age for criminal responsibility to 9 years. 

A GSP+ monitoring mission to the Philippines, which also visited the island of Palawan, took 
place from 26 January to 2 February 2017. 

1 

 
2. Compliance with GSP+ Obligations 

2.1.  UN Human Rights Conventions (Conventions 1-7) 

Status of ratification and reporting 

The  Philippines  maintains  ratification  of  the  seven  UN  human  rights  conventions.  The 
Philippines has submitted all due reports on CESCR, CEDAW and CAT. However, it has not 
yet complied with reporting obligations on CERD (due since 4 January 2012) and CCPR (due 
since 31 October 2016). The latest country report under the CRC was due on 19 September 
2017.  

The Philippines is a member of the Human Rights Council (HRC) for the period 2016-2018. 
Currently,  four  Special  Mandate  Holders  as  well  as  two  on  the  Treaty  Committee  are  of 
Filipino nationality.  

On 8 May 2017, the Philippines underwent its third Universal Periodic Review (UPR) under 
the auspices of the HRC, with nearly 100 countries taking the floor. On 22 September 2017, 
the  HRC  adopted  the  outcomes  of  the  UPR.  Of  the  257  recommendations  received,  the 
Philippines  supported  103  recommendations,  and  noted  154  recommendations.  The 
Philippines  noted  recommendations  related  to,  inter  alia,  the  war  on  drugs,  extrajudicial 
killings, refraining from reinstating the death penalty, lowering the age for criminal liability, 
and  granting  the  unconditional  visit  of  the  Special  Rapporteur  on  extrajudicial  killings. 
Recommendations accepted by the Philippines included those related to,  inter alia, rights of 
women  and  children,  the  national  human  rights  framework,  human  rights  and  counter-
terrorism,  rights  to  life,  liberty  and  security  of  persons,  administration  of  justice,  including 
impunity and the rule of law, rights to education and health. 

Status of implementation of the conventions 

International  Convention  on  the  Elimination  of  All  Forms  of  Racial 
Discrimination (CERD) 

The  most  recent  report  from  the  UN  Committee  on  Elimination  of  Racial  Discrimination  is 
from September 2009 and the latest country report was due in January 2012, but has so far not 
been submitted.  

A  National  Commission  on  Indigenous  Peoples  (NCIP)  has  been  established.  However, 
indigenous  peoples  report  that  they  continue  to  suffer  from  social  discrimination,  economic 
marginalisation  and  political  disempowerment.  The  Committee  on  Economic,  Social  and 
Cultural Rights, in its concluding observations from 26 October 2016 expressed concern over 
the  rights  of  indigenous  peoples  to  ancestral  land  (for  example,  conflicts  between  the 
Indigenous  Peoples'  Rights  Act  and  legislation  related  to  mining  and  forestry,  ineffective 
implementation of demarcation and registration of indigenous peoples' territories and delay in 
adopting the Land Use Bill); the limited mandate and capacity of the National Commission on 
Indigenous Peoples and doubts on its ability to function as a truly independent body; failure to 
uphold the rights to free, prior and informed consent; displacement of indigenous peoples due 
to,  inter  alia,  armed  conflict  and  extractive  and  logging  operations;  and  limited  access  of 
indigenous peoples to health care, education and other basic services. 

There is a nexus between the armed conflict and development projects, as the Armed Forces 
of the Philippines (AFP) and paramilitary groups have historically been tasked with protecting 

2 

 
private  and  public  companies  engaged  in  the  extractives  industries  which  have  often  been 
targeted  by  the  New  People's  Army  (NPA).  The  2006  Executive  Order  546  legitimized  the 
creation of paramilitary groups and private armies. An independent commission established in 
2010  to  deal  with  private  armed  groups  (PAGs)  has  so  far  not  made  any  concrete 
recommendations on how to deal with private groups or armies. Executive Order 546 has not 
been  revoked  neither  under  the  Aquino  nor  under  the  Duterte  administrations.  So  far  the 
Government  has  pointed  to  policies,  guidelines  and  procedures  undertaken  to  dismantle 
private  armies.  However,  it  is  not  clear  what  results  these  have  had.  Displacement  of 
indigenous  peoples  due  to  'militarisation'  was  one  of  the  issues  cited  by  the  United  Nations 
Special Rapporteur on the Human Rights of Internally Displaced Persons, Chaloka Beyani1, 
during his monitoring mission to the Philippines in 2015. 

The Free and Prior Informed Consent (FPIC) clause under the Indigenous Peoples Rights Act 
is a critical component for indigenous people to have influence over business actions in their 
communities.  The  Government  states  that  FPIC  is  ensured  through  the  around  2000 
indigenous people mandatory representatives in local decision-making bodies, the NPIC's 12 
Regional Hearing Officers and the Clerk of Commission who are tasked to hear and provide 
legal aid to indigenous people (as of 2015, 74 of 192 filed cases were resolved). Certificates 
of  Precondition,  attesting  to  the  grant  of  FPIC,  have  been  issued  in  138  cases  by  the 
indigenous  peoples  communities  concerned.  The  NPIC  also  has  established  an  Indigenous 
Peoples Legal Assistance  Programme. Government line agencies  mandated to  provide basic 
services are also said to apply the principle of FPIC throughout programmes.2  

With the help of an EU-funded project, an indigenous people desk has been established in the 
Mindanao Business Council in May 2015, which aims to facilitate stakeholder consultation on 
FPIC  with  indigenous  communities.  A  database  of  relevant  information  on  the  ancestral 
domain areas, conflict-mapping, resource and development will also be made available. If this 
platform for consultation is effective, NCIP may consider replication in other regions. 

International Covenant on Civil and Political Rights (CCPR) 

The most recent report from the UN Human Rights Committee dates back to November 2012. 
The latest country report was due on 31 October 2016, but so far has not been submitted. 

In  the context  of the Universal  Periodic  Review (UPR)  of  the Philippines  in May 2017, the 
United Nations country team, referring to relevant supported recommendations, stated that the 
Government's anti-drug campaign had led to alleged 'drug users and pushers' being killed. It 
added  that  there  was  an  urgent  need  to  stop  all  extrajudicial  killings  and  any  incitement  to 
commit such killings. Furthermore, the Government's methods of combating the use of illegal 
drugs  must  be  brought  into  line  with  international  standards.  The  UN  Human  Rights 
Committee  expressed  concern  at  the  continued  perpetration  of  extrajudicial  killings  and 
enforced  disappearances.  It  was  particularly concerned  at  the  proliferation  of  private  armies 
and vigilante groups that were partly responsible for those crimes. 

The  Committee  on  Economic,  Social  and  Cultural  Rights  was  deeply  concerned  that 
declarations  by  high-ranking  officials  in  the  context  of  the  war  on  drugs  may  be  seen  as 

1 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16280 

2 For example the Joint Memorandum Circular (No 2013-01) on the Guidelines on the delivery of Basic Health Services for 
indigenous peoples and through programmes such as the Indigenous Peoples Education Programme and the Modified 
Conditional Cash Transfer for Indigenous Peoples. 

3 

 
                                                 
encouraging and legitimising violence against drug users, including extrajudicial killings and 
that notably in the months leading up to its October 2016 report the number of  extrajudicial 
killings  of  drug  suspects  had  drastically  increased.  A  large  number  of  people  have  been 
arrested and detained in already overcrowded prisons. 

Extra-judicial  killings  and  widespread  impunity  have  been  a  long-standing  problem  in  the 
Philippines as highlighted in the 2016 GSP Report. However, the large number of killings in 
the so called 'war on drugs' initiated after the election of President Duterte and a number of 
his  statements  raise  serious  questions  regarding  the  respect  of  human  rights  and  instigating 
impunity. 

The  fight  against  illegal drugs  and  drug-related crimes  is  a key  priority  of  the  Government, 
motivated by a drug addiction problem alleged to even threaten national security3. The war on 
drugs  has  mainly  been  spearheaded  through  the  Government's  so-called  'Double  Barrel' 
campaign targeting more common drug users and pushers ('Project Tokhang') as well as 'High 
Value  Targets'.  According  to  Government  figures,  from  1  July  2016  to 27  November  2017, 
79,193  anti-drug  operations  were  conducted  by  police  resulting  in  118,287  persons  arrested 
and 3,967 persons killed, as well as 312 police officers killed or wounded.4 Over 1.2 million 
persons are reported to have 'surrendered' peacefully as drug users or pushers. According to 
the Government, from 1 July 2016 to 16 June 2017 there have been 12,833 homicide cases, of 
which  2.098  reported  to  be  drug-related,  2,535  not  drug-related  and  8,200  still  under 
investigation.  However,  the  number  of  killings  in  the  country  had  already  gone  up  from 
10,000 to 16,000 per year during the period of 2009-2015, i.e. under previous administrations. 

The war on drugs was temporarily suspended in February 2017, but resumed in March 2017 
with different instructions. On 6 March 2017, the Government issued Executive Order No 15 
which created an Inter-Agency Committee on Anti-Illegal Drugs to ensure a more unified and 
integrated  approach  to  anti-drug  efforts  based  on  enforcement,  justice,  advocacy  and 
rehabilitation and integration. Also in March 2017, Command Memorandum Circular No 17-
2017 was issued containing guidelines for the Philippine National Police (PNP) in the conduct 
of  the  so  called  'Double  Barrel:  Reloaded'  and  'Project  Tokhang:  Revisited'.  Following  the 
issuance  of  this  Circular,  the  intensity  of  the  'war  on  drugs'  and  the  rate  of  drug  related 
killings,  including  during  police  operations  have  allegedly  decreased.  On  10  October  2017, 
President Duterte signed a memorandum according to which the Philippine Drug Enforcement 
Agency should henceforth be the sole agency to conduct anti-drug operations. Subsequently, 
the PNP has ordered the termination of Oplan Tokhang and halted the PNP's anti-illegal drug 
operations, including Oplan Double Barrel and the drop box system of anonymously reporting 
drug suspects in local communities (barangays). 

Claims  by  the  Government  regarding  the  conduct  of  the  fight  against  illegal  drugs  stand  in 
contrast  to  reports  and  statements  by  national  and  international  actors.5 Observers  estimate 

3 According to the Government there are 4 million drug users, although the Drug Enforcement Agency had previously 
estimated a figure of 1.8 million. 

4 http://pia.gov.ph/realnumbers/socialcards 

5 See inter alia 'Country Reports on Human Rights Practices for 2016' by the United States Department of State of 3 March 
2017; report by the High Commissioner for Human Rights of 11 September 2017; Amnesty International report 'If you are 
poor you are killed – extrajudicial executions in the Philippines' war on drugs' from 31 January 2017; Human Rights Watch 
'Licence to Kill' from 2 March 2017; statements made at the Philippines' UPR, including a joint statement by 39 UN members 
at the 36th Human Rights Council. 

4 

 
                                                 
that  between  July  2016  and  September  2017,  between  8,000  and  13,000  people  have  been 
killed in the campaign against illegal drugs. It is reported that many of the killings during law 
enforcement operations cannot be considered to have occurred in legitimate self-defence and 
that several of the drug-related killings outside law-enforcement operations were perpetrated 
by  state  security  services6.  There  are  also  cases  reported  where  the  use  of  legitimate  self-
defence appears implausible (for example, the killing of Mayor Rolando Espinosa in his jail 
cell and of the minor Kian Loyd delos Santos).  

In this context, serious concerns have been raised about whether all killings are promptly and 
effectively  investigated  in  an  impartial  and  transparent  manner,  allowing  for  prosecution  of 
those  responsible.  This  includes  in  particular  deaths  that  occurred  during  law-enforcement 
operations.  On  15  May  2017,  the  Philippine  National  Police  issued  a  Memorandum 
instructing  police  to  promptly  investigate  homicide  cases.  However,  according  to  a 
publication  by  the  Department  of  Justice  only  71  'drug-war'  related  complaints  had  been 
processed  as  of  September  2017,  of  which  45  concerned  killings  during  law  enforcement 
operations (of which 25 dismissed, 7 pending and 13 filed in court) and 26 where the victim 
was  an  alleged  drug  suspect  killed  outside  police  enforcement  operations. 7 Following  the 
killing  of  Kian  Loyd  delos  Santos  and  other  minors,  the  Senate  adopted  a  resolution  in 
September  2017  calling  on  the  Government  to  stop  the  killing  of  children  and  to  conduct 
investigations.8 

To  deal  with  the  large  number  of  drug-related  cases,  the  Supreme  Court  has  authorized  the 
965 national courts across the country to handle drug cases and had ordered an additional 240 
courts to also handle them.  

On 24 February 2017, Senator Leila de Lima, former Secretary of Justice and former Chair of 
the Human Rights Commission, and one of the most outspoken critics of the 'war on drugs', 
was arrested for alleged involvement in drug trafficking. Several human rights organisations 
qualified  her  arrest  as  a  politically  motivated  maneuver.  In  this  respect,  there  are  also  a 
number  of  other  actions  involving  the  Commission  on  Human  Rights  (challenges  to  its 
independence  and  budgetary  autonomy),  the  Chief  Justice,  the  Ombudsman  and  several 
Senators that could be seen as attempts to silence critics.  

Extrajudicial  killings  are  not  limited  to  the  war  on  drugs.  In  the  May  2017  UPR  report  the 
Committee on Economic, Social and Cultural Rights expressed concerns about the continuing 
cases  of  harassment,  disappearance,  threats  and  killings  of  human  rights  defenders.  Since 
2012, at least 147 human rights defenders have reportedly been killed. In 61 cases, members 
of the state security forces have been blamed for the assaults, half of these belonging to the 
military. Thirteen cases have been linked to private security providers and security guards.  

Although  a  national  law  against  enforced  disappearance  is  in  effect,  the  Philippines  has  not 
yet  signed  nor  ratified  the  UN  Convention  for  the  Protection  of  all  Persons  from  Enforced 
Disappearance. Under Executive Order 35 a Technical Working Group has been mandated to 
examine  alleged  extrajudicial  killings,  media  killings  and  enforced  disappearances.  A  Task 
Force  USIG  has  also  investigated  such  cases.  According  to  the  Government  this  work  has 

6 See also 'Country Reports on Human Rights Practices for 2016' by the United States Department of State of 3 March 2017. 

7 'Inventory of murder and homicide cases allegedly related to the Government's campaign against illegal drugs' by the 
Department of Justice as quoted by Philstar, Inquirer and Rappler on 8 September 2017. 

8 Senate resolution 516 (dated 17 September 2017). 

5 

 
                                                 
resulted  in  some  18  convictions,  over  100  cases  in  the  courts,  65  cases  of  dismissals  or 
acquittals  and  over  69  'cold  cases'.  However,  there  has  been  criticism  that  the  definition  of 
extrajudicial  killings  in  Executive  Order  35  is  too  narrow  and  not  in  line  with  the  UN 
Convention on Enforced Disappearances. 

The EU-Philippines Justice Support Programme, which ran from 2013 to early 2017, provided 
support to the implementation of the 2012 Administrative Order 35 (creating the inter-agency 
committee on extra-legal killings, enforced disappearances, torture and other grave violations 
of  the  right  to  life,  liberty  and  security  of  persons)  and  to  developing  murder  investigation, 
forensic  and  operational  guidelines  and  manuals  as  well  as  to  providing  training  to 
prosecutors and the police. 

In the framework of the 2017 UPR, the United Nations country team stated, that, following 
the  May  2016  elections,  harassment  and  attacks  against  media  personnel  and  citizen 
commentators had spiked. On 11 October 2016, Administrative Order 1 was signed creating 
the  Presidential  Task  Force  on  Media  Security  (PTFoMS).  In  March  2017,  the  PTFoMS 
reported a "marked improvement in media worker security" under the Duterte administration, 
"owing largely to the proactive measures that are now in place to ensure a safer environment 
for members of the working press". The PTFoMS reportedly has a total of 174 old cases in its 
inventory  representing  journalist  killings  beginning  in  1986  until  May  2016.9 Killings  of 
journalists still occured during the reporting period. 

Another  area  of  serious  concern  is  the  possible  reintroduction  of  the  death  penalty.  Capital 
punishment  was  abolished  in  the  Philippines  in  2006  during  the  administration  of  President 
Macapagal-Arroyo. The House of Representatives passed a bill in March 2017 to reinstate the 
death  penalty  for  drug-related  offenses.  If  passed  into  law,  the  reinstatement  of  the  death 
penalty  would  constitute  a  violation  of  the  CCPR's  Second  Optional  Protocol  which  the 
Philippines ratified in 2007.10 The bill is now with the Senate, but has not been considered to 
be  a  priority  legislation.  While  positions  in  the Senate remain  unclear,  the  reintroduction  of 
the death penalty seems to remain a priority for the President. 

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

In October 2016, the UN Economic and Social Council adopted its Concluding Observations 
on the combined 5th and 6th periodic reports of the Philippines regarding the implementation 
of the CESCR. Principal subjects of concern and recommendations included capacity-building 
for the Commission on Human Rights and a request for adoption of the Commission on the 
Human Rights Charter; protection of human rights defenders and of indigenous peoples; the 
fight  against  corruption;  non-discrimination;  rights  of  persons  with  disabilities;  equality 
between men and women; unemployment and underemployment; right to just and favourable 
conditions of work; rights to social security; protection of family; birth registration; economic 
exploitation  of  children,  violence  against  women  and  girls;  trafficking  in  human  beings; 
poverty;  the  right  to  adequate  food  and  nutrition;  right  to  housing;  sexual  and  reproductive 
health; policy towards drug users; the right to education; and internet access. 

Despite  economic  growth,  poverty  remains  a  challenge  with  5.1%  of  the  population  being 
considered  to  live  in  extreme  poverty.  The  highest  proportion  of  the  poor  is  found  in  the 

9 https://www.facebook.com/pg/Presidential-Task-Force-on-Media-Security-808916312584334/photos/?ref=page_internal 

10 http://www.ohchr.org/Documents/Countries/PH/OpenLetterHC_DeathPenalty.pdf  

6 

 
                                                 
Autonomous  Region  of  Muslim  Mindanao.  As  of  present,  there  is  no  right  to  food  and 
nutrition law. 

As of July 2017, the unemployment rate was down to 5.6%, but the ILO estimated that 38.3% 
of workers work in the informal economy and do not have access to benefits and employer-
mandated  social  protection.  A  conditional  cash  transfer  program  has  been  put  in  place  and 
benefitted 4.4 million people in 2016.  

President Duterte's 10-point socio-economic agenda includes measures to address these issues 
and priorities are reflected in the budget for 2017. This includes increases in the allocations 
for  healthcare  (+17%),  education  (+31%),  infrastructure  (+14%),  and  science  &  technology 
(+14%).  Overall  40%  of  the  budget  is  allocated  to  social  services  (education,  healthcare, 
social welfare) while 27.6% is allocated to economic services (infrastructure, agriculture and 
rural sectors, and jobs and livelihood). In the proposed budget for 2018, this trend continues. 

The Philippines is a source country and, to a lesser extent, a destination and transit country for 
men,  women,  and  children  subjected  to  sex  trafficking  and  forced  labour.  The  US  State 
Department's  Trafficking  in  Persons  Report  of  2016  noted  that  "the  Government  of  the 
Philippines fully meets the minimum standards for the elimination of trafficking". During the 
reporting  period,  the  Government  convicted  42  traffickers,  including  five  convictions  for 
online  child  sex  trafficking  and  two  for  forced  labour.  In  an  effort  to  prevent  trafficking  of 
migrant  workers,  the  government  increased  its  funding  for  the  Commission  on  Filipinos 
Overseas  (CFO)  to  facilitate  anti-trafficking  prevention  campaigns  for  migrant  workers. 
According  to  the  Inter-Agency  Council  Against  Trafficking  (IACAT),  there  have  been  183 
convictions  since  the  year  2005,  involving  206  persons  involved  in  trafficking  in  human 
beings. The Government has set up an interagency mechanism, expanded the anti-trafficking 
law and enhanced coordination. 

There is a high level of maternal death, which by far exceeds the Millennium Development 
Goals' (MDG) target. One out of four children under five is malnourished. The Government 
has  made  serious  efforts  to  increase  universal  healthcare in  the  country,  showing  promising 
results:  public  expenditure  on  health  increased  more  than  fivefold,  from  26.3  billion  PhP 
(EUR  470  million)  in  2010  to  145.7  billion  PhP  (EUR  2.8  billion)  in  2017.  Similarly, 
enrolment in the national health insurance has increased through subsidising contributions of 
the (40%) poorest and now stands at 92% in 2015, up from 62% in 2010. 

A  Universal  Health  Care  House  Bill  5784  adopted  by  Congress  (but  not  yet  by  the  Senate) 
would  give  Filipinos  access  to  a  full  spectrum  of  health  services,  from  health  promotion  to 
prevention, treatment, rehabilitation and palliative care. The Government set ambitious targets 
for improving health including to  bring life expectancy from 69 to  71 (males) and 75 to  77 
(females), reduce maternal mortality from 221 to 90, infant mortality from 23 to 15 and under 
five mortality from 31 to 22 by 2022. 

The  Government  has  introduced  a  K-12  education  system  and  is  considering  encouraging 
more vocational training and 'apprenticeship' schemes to facilitate the matching of graduates 
with  the  job  market,  but  a  bill  on  the  topic  did  not  pass  the  16th  Congress  and  was 
reintroduced in the 17th Congress. The 17th Congress so far passed only a few laws but these 
include a  Free  Higher  Education  for  All  Act,  an  Anti-Hospital  Deposit Law  for  Emergency 
Cases and a Free Internet Access in Public Places Act. 

7 

 
Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against 
Women (CEDAW) 

On  25  July  2016,  the  UN  Committee  on  the  Elimination  of  Discrimination  against  Women 
published  its  Concluding  Observations  of  the  7th  and  8th  periodic  reports  regarding 
implementation  of  the  CEDAW.  Principal  areas  of  concern  and  recommendation  include: 
ensuring the full implementation of the CEDAW, improvements to be made to the legislative 
framework,  access  to  justice,  capacity-building  for  the  Philippine  Commission  on  Women, 
fight  against  gender-based  violence  against  women  and  trafficking  and  exploitation  of  sex 
workers,  participation  in  public  life,  education,  employment,  health  as  well  as  rights  of 
women  migrant  workers.  During 
the 
the  2017  UPR 
recommendations related to sexual orientation and gender. 

the  Philippines  accepted 

The Philippines also ratified the Optional Protocol to the CEDAW on 12 November 2003. In 
August  2009,  the  Magna  Carta  of  Women  (Republic  Act  9710)  was  adopted.  The  law  has 
created  a  Gender  Ombudsman  under  the  Commission  on  Human  Rights  which  specifically 
handles women's rights concerns. The Philippines is one of the top countries in the world to 
have  narrowed  the  gender  gap  in  education,  decision-making  positions  and  participation  in 
economic  opportunities.  In  2016,  the  Philippines  ranked  number  7  in  the  World  Economic 
Forum's Global Gender Gap Index. 

Reproductive health remains a concern. In 2016, the Philippine annual population growth rate 
was estimated at 1.7%. The Responsible Parenthood and Reproductive Health Law, enacted in 
April  2014,  ensures  people's  access  to  reproductive  health  services.  However,  the 
constitutionality of this law was challenged by the Supreme Court ruling denying the right of 
access to reproductive health services to children below the age of 18.  

In  its  submission  to  the  2017  UPR,  the  Committee  on  the  Elimination  of  Discrimination 
against Women noted that the harmonisation of national legislation with the Magna Carta of 
Women  remained  pending,  including  amendments  to  the  Family  Code,  the  Penal  Code,  the 
Anti-Rape Law, the Anti-Sexual Harassment Act and the Code of Muslim Personal Laws. The 
Committee noted with concern the delay in the adoption of a bill repealing the provision of 
the Family Code recognising the supremacy of a husband's decision over that of his wife in 
respect of community property, the exercise of parental authority and guardianship. 

The Committee was concerned about the limited scope of the Anti-Violence against Women 
Act,  which  focused  mainly  on  domestic  violence  by  intimate  partners  and  recommended 
expediting the amendment of the Anti-Rape Law incorporating lack of consent as a primary 
element in the definition of rape. The Committee also recommended raising the minimum age 
of sexual consent, which was set too low, at 12 years, to at least 16 years. 

An Anti-Discrimination Bill was adopted in 2017 in Congress and is expected to be supported 
in  the  Senate.  The  Act  Prohibiting  Discrimination  on  the  Basis  of  Sexual  Orientation  or 
Gender  Identity  or  Expression  protects  people  from  discriminatory  acts  such  as  denial  of 
access  to  public  and  health  services,  criteria  for  hiring  and  dismissal  of  workers,  and 
harassment motivated by bias. 

Convention  against  Torture  and  Other  Cruel,  Inhuman  or  Degrading 
Treatment or Punishment (CAT) 

In June 2016, the UN Committee against Torture published its Concluding Observations on 
the third periodic report of the Philippines regarding the implementation of the CAT. Areas of 
concern  and  recommendations  included  the  widespread  culture  of  impunity;  lack  of 
fundamental  legal  safeguards;  arrests  without  warrants;  pre-trial  detention  and  prison 

8 

 
overcrowding; the practice of torture and ill-treatment; coerced confessions; secret places of 
detention; extrajudicial killings and enforced disappearances; lack of witness protection; dire 
conditions of detention; the situation of children in armed conflict; the absence of a national 
preventive  mechanism;  lack  of  support  for  the  Commission  on  Human  Rights;  lack  of 
compensation  for  victims  of  torture  and  rehabilitation  programmes;  the  absolute  ban  on 
abortion;  inadequate  access  to  sexual  and  reproductive  health  and  corporal  punishment  of 
children.  

In  2012,  the  Philippine  ratified  the  Optional  Protocol  to  the  CAT  (OPCAT).  In  November 
2009, President Arroyo signed the Anti-Torture Law (Republic Act 9745) criminalising acts 
of  torture.  Despite  this  law,  reports  have  shown  that  there  are  still  numerous  incidents  of 
torture and ill-treatment, mostly perpetrated by the police. Impunity for acts of torture and ill-
treatment  continues  to  prevail.  Although  the  number  of  cases  of  torture  reported  to  the 
Commission  on  Human  Rights  of  the  Philippines  has  risen,  only  a  small  number  of 
convictions have been made. 

A National Preventive Mechanism on Torture has yet to be established in compliance with the 
OPCAT,  and  a  bill  has  been  filed  in  the  Philippine  Congress  to  create  such  a  structure.  To 
prevent torture in custody, the PNP Human Rights Affairs Office and Police Human Rights 
Officers have reporting mechanisms in place, enabling the Commission on Human Rights to 
track  the  status  of  inmates.  Preventive  actions  against  torture  are,  according  to  the 
Government,  also  taken  through  monthly  inspections  of  lock-up  cells  and  the  doctrine  of 
command  responsibility.  According  to  the  Government,  during  2015-2016,  there  had  been 
four  cases  of  torture  documented  involving  12  suspects  identified  as  police  personnel,  9  of 
whom were already in custody. 

Mainly  as  a  result  of  the  Dangerous  Drugs  Act  and  of  President  Duterte's  'war  on  drugs', 
detention  facilities  and  prisons  are  increasingly  congested. 11  In  2016,  the  Philippines 
reportedly ranked second in the world in terms of prison occupancy level with inmates living 
in inhuman and degrading treatment, most of them without judgment.12 Prison conditions are 
rudimentary  and  jails  are  lacking  basic  infrastructure;  prisoners  receive  inadequate  nutrition 
and  medical  care.  Various  human  rights  NGOs  maintain  lists  of  incarcerated  persons  they 
consider to be political prisoners. In 2014, Amnesty International reported that there had been 
457 alleged cases of torture.13  

The Supreme Court  has issued various circulars or  guidelines to  address prolonged pre-trial 
detention  and  jail  congestion,  and  in  2016  approved  the  hiring  of  635  court  decongestion 
officers  to  implement  a  decongestion  programme.  The  Bureau  of  Jail  Management  and 
Penology  has  conducted  a  jail  decongestion  programme  based  on  paralegal  assistance  to 
inmates, construction of new jails and legislative reform. In 2017, PHP 1.7 billion (EUR 31 
million) was allocated to construct new jails (compared to PHP 39 million (EUR 710,000) in 
2016). 

11 In June 2017, the Commission on Audit estimated that the country's jails were overcrowded by 511%. 

12 http://www.prisonstudies.org/highest-to-lowest/occupancy-level?field_region_taxonomy_tid=All&=Apply 

13 'Above the Law: Police Torture in the Philippines', 2014 Amnesty International Report. 

9 

 
                                                 
Convention on the Rights of the Child (CRC) 

The  most  recent  report  on  the  Philippines  from  the  Committee  on  the  Rights  of  the  Child 
dates back to October 2009. The Philippines' latest country report was due on 19 September 
2017. With the exception of the 3rd Optional Protocol to CRC, the Philippines is a State Party 
to all major Conventions and Protocols on the Rights of the Child.  

In  its  contribution  to  the  UPR  of  the  Philippines  in  2017,  UNICEF  pointed  to  what  can  be 
seen as positive developments relating to education, children and armed conflict, trafficking, 
recognition of the growing problem of child pornography, adequate standards of living and, to 
a  certain  extent,  juvenile  justice.  UNICEF  pointed  out  that  lowering  the  age  of  criminal 
responsibility  from  15  years  to  9  or  12  years  would  be  an  alarming  development.  UNICEF 
also pointed to the Supreme Court ruling that would deny children under the age of 18 years 
access to reproductive health services. Furthermore, the Philippines had not acted on the CRC 
recommendation  to  address  the  relatively  low  age  of  sexual  consent  of  12  years.  The 
Committee on Torture has expressed its concern about corporal punishment and the situation 
of children subject to abduction and military recruitment by military groups. The Committee 
on Economic, Social and Cultural Rights has expressed concerns over child labour, including 
in hazardous or dangerous conditions as well as about children exposed to various forms of 
sexual and economic exploitation. 

The adoption of amendments to the Juvenile and Welfare Act has been a key priority of the 
President. A bill was filed in Congress to amend Republic Act 10630 or the Juvenile Justice 
Act to lower the age of criminal responsibility for minors from 15 to 9 or 12 years. In January 
2017,  the  UN  Special  Representative  on  Violence  against  Children  wrote  a  letter  to  the 
leaders of Congress recalling that the current provisions of the 2006 Act relating to the age of 
criminal responsibility are in conformity with the Convention on the Rights of the Child. The 
proposed  measure  was  eventually  not  approved  by  the  Congressional  sub-committee  on 
correctional  reforms.  Instead  a  substitute  bill  has  been  filed  which  maintains  the  age  of 
criminal responsibility at 15. However, a private members bill was introduced in the Senate in 
October 2017 proposing to lower the age of criminal responsibility to 12 years. The revised 
bill  still  raises  concerns  because  it  introduces  harsh  provisions  such  as  placing  children  as 
young as 9 in short term institutions for rehabilitation or as they await court disposition.   

In  2016,  UNICEF  Philippines  released  a  report  documenting  violence  against  children.  The 
UN report noted that physical violence is the most common form of violence against children 
in  the  Philippines.  Furthermore,  approximately  1  in  4  children  experience  some  form  of 
sexual  violence.  The  Philippines  is  reported  to  be  among  the  top  10  countries  worldwide 
suffering  from  child  online  exploitation,  involving  mostly  boys  and  girls  aged  10-14. 
According to UNICEF, the Government recognises the growing problem of online child abuse 
and exploitation and is developing, in the context of ASEAN, a Regional Plan of Action and a 
National Response Plan. 

Involvement  of  children  in  armed  conflict  is  another  issue  of  concern.  According  to  a  UN 
report  issued  in  April  2016  by  the  Office  of  the  Special  Representative  of  the  Secretary-
General for Children and Armed Conflict, sporadic low-intensity clashes continued to affect 
children,  predominantly  in  Mindanao.  Almost  all  verified  cases  of  attacks  on  schools  and 
education  personnel  took  place  in  indigenous  communities.  Private  schools  run  by  non-
governmental  organisations  were  systematically  targeted  by  the  Armed  Forces  of  the 
Philippines  (AFP)  for  alleged  links  to  NPA.  The  UN  is  also  involved  with  the  AFP  on  its 
2012 strategic plan on prevention and response to grave child rights violations in situations of 
armed conflict to ensure that it strengthens the protection of children in the light of violations 

10 

 
involving the army. An Inter-Agency Committee on Children in Armed Conflict to respond to 
cases of grave child right violations in situations of armed conflict has been created. 

Future actions and priorities 

The Philippines has established human rights institutions at the national level. A Charter for 
the  Commission  on  Human  Rights  is  still  with  the  Congress.  Its  adoption  and  ensuring that 
this  Commission  has  the  necessary  resources  to  fully  carry  out  its  mandate  and  functions 
would  strengthen  the  human  rights  framework.  A  human  rights  action  plan  is  being 
developped;  its  approval  would  also  contribute  to  giving  a  specific  agenda  and  roadmap  to 
realize human rights commitments.  

In  October  2017  the  Government  adopted  a  new  approach  to  deal  with  drug  addiction 
(including  a  more  health-oriented  approach).  It  remains  to  be  seen  how  this  will  affect  the 
fight against illegal drugs.  

Legislation  to  reform  the  juvenile  justice  system  and  introduce  a  National  Preventive 
Mechanism  on  Torture  are  still  pending,  so  are  proposals  on  Universal  Health  Care,  Anti-
Discrimination and a Land-use Bill.  

Bringing peace to the longstanding conflict-ridden parts of the country remains an important 
issue for the Government. 

The Partnership and Cooperation Agreement (PCA) between the EU and the Philippines was 
signed  by  President  Duterte  in  2017  and  is  at  the  Senate  for  ratification.  The  PCA  foresees 
cooperation on human rights and thus provides an institutional opportunity to further engage 
on all human rights issues on a regular basis. 

Conclusions 

During the reporting period 2016-2017, improvements have been noted in the implementation 

of human rights largely as a result of the Philippines' socio-economic development. Economic 

growth  and  reforms  are  contributing  to  raising  living  standards  in  the  country,  as  does  the 

Philippines' agenda on universal health care and job creation as part of inclusive economic 

growth. Pursuing and intensifying these policies will help lift larger sectors of the population 

out of extreme poverty. 

Improvements of children's access to education and health continue. Action is being taken to 

combat  trafficking  and  support  its  victims,  as  well  as  sheltering  children  in  armed  conflict. 

Juvenile justice is also being improved. However, lowering the age for criminal responsibility 

would  be  contrary  to  the  Philippines'  obligations  under  the  CRC.  Despite  the  narrowing  of 

the  gender  gap  in  education,  decision-making  positions  and  participation  in  the  economy, 

legislative  action  on  the  rights  of  woman  would  need  to  be  taken  forward  in  order  to 

effectively respond to the recommendations of the CEDAW. 

The way the campaign against illegal drugs is conducted is a matter of grave concern. The 

significant  increase  in  the  number  of  drug-related  killings  since  the  election  of  President 

11 

 
Duterte, in  particular  during  law-enforcement operations; the  apparent  lack  of  due  process 

and restraint during these operations; and the fact that these deaths are not investigated in a 

transparent,  impartial  and  effective  manner  thus  allowing  to  bring  perpatrators  to  justice 

raises serious concerns regarding the right to life. Together with statements by the President 

that can be seen as incitement to killings and fostering a culture of impunity, the conduct of 

the  'war  on  drugs'  raises  serious  questions  about  the  Government's  commitment  to  human 

rights. The Philippines should effectively investigate all killings, provide access to remedies, 

and  install  the  necessary  safeguards  so  that  the  fight  against  illegal  drugs  takes  place  in 

accordance with human rights obligations and due process. 

The possible re-introduction of the death penalty would be a major step backwards and raise 

questions  regarding  the  Philippines'  international  commitments.  The  Government  should 

actively work towards removing this proposal from the legislative agenda. 

As  a  member  of  the  UN  Human  Rights  Council,  the  Philippines  cooperation  with  the  UN 

system,  including  the  invitation  of  UN  Special  Rapporteurs  on  standard  UN  conditions  is 

strongly encouraged. The Philippines also needs to fully respect its reporting obligations to 

UN Treaty Bodies and submit overdue reports. 

Implementation and monitoring of laws remains a challenge, especially in the provinces. The 

human  rights  framework  is  fragile,  with  the  Commission  on  Human  Rights  and  other 

oversight  bodies  under  threat.  The  Philippines  needs  to  strengthen  its  human  rights 

institutions,  urgently  adopt  a  human  rights  action  plan  and  ensure  the  effectiveness  and 

independence of these institutions. 

A  systematic  problem  of  the  Philippines  concerns  the  culture  of  impunity  as  cases  of  grave 

human rights abuses, including extra-judicial killings and torture, remain largely unresolved. 

This also concerns the killings of human rights activists and media workers. The situation of 

indigenous  people  and  of  human  rights  defenders  remains  of  concern.  Human  rights 

violations  by  private  armies  and  paramilitary  groups  need  to  be  investigated  much  more 

vigorously.  Bringing  peace  to  long-standing  conflict-affected  areas  in  the  country  would 

improve the human rights situation.  

12 

 
2.2.  ILO Labour Rights Conventions (Conventions 8-15) 

Status of ratification and reporting 

Over  the  reporting  period,  the  Philippines  has  maintained  ratification  of  all  eight  ILO 
fundamental  conventions  relevant  for  the  GSP+  and  has  complied  with  all  its  reporting 
obligations. 

Status of implementation of the conventions 

Freedom of Association and Collective Bargaining (Conventions 87 and 98) 

There are still serious concerns with respect to compliance with the international obligations 
on freedom  of association and collective bargaining.  The ILO Committee of Experts on the 
Application  of  Conventions  and  Recommendations  (CEACR)  has  repeatedly  made 
observations concerning the allegations of anti-union violence and the lack of progress in the 
investigation  of  many  such  cases.  Both  the  Committee  on the  Application  of  Standards  and 
the Committee on Freedom of Association have found that violations are very significant as 
these include the physical integrity of trade union members and activists, and that actions to 
address  these,  including  putting  an  end  to  impunity  of  offenders,  are  required.  The  Inter-
Agency  Committee  on  extra-judicial  killings  also  reviews  cases  endorsed  by  the  National 
Tripartite  Industrial  Peace  Council  (NTIPC),  which  is  the  high-level  monitoring  body  with 
regional tripartite monitoring structures. 

On legislative issues, the CEACR has requested reforms to bring national law in conformity 
with  the  ILO  Convention  87  to  grant  trade  union  rights  to  all  workers  in  the  country 
(including foreigners), to reduce the excessively high requirements for registration of unions 
and establishment of federations or national unions, and to limit government intervention in 
labour disputes. In 2017, several laws which aim to respond to these observations and to align 
with  the  ILO  Convention  87  were  re-filed  and  prioritised  in  Congress.  The  laws  are  still 
pending  adoption.  An  additional  important  novelty  proposed  in  the  pending  laws  is  the 
establishment of an online registration of labour organisations and collective agreements. The 
Department of Labour  and Employment, together with  the ILO and tripartite partners under 
an  EU-funded  project,  signed  a  manifesto  and  national  action  plan  to  fully  implement  the 
findings of ILO's direct contact mission of February 2017. In 2017, the Philippines ratified the 
ILO Convention 151 on the right to organise in the public service. 

Improving the enforcement of domestic legislation is a cross-cutting challenge which needs to 
be addressed. The Philippines has a Labour Law Compliance System (LLCS) in place, which 
is a valuable component in monitoring working conditions. It includes an electronic checklist 
of labour law compliance based on decent work indicators and a joint tripartite assessment of 
compliance  with  all  labour  laws,  including  on  freedom  of  association  and  collective 
bargaining.  There  have  been  efforts  invested  in  establishing  and  improving  the  application 
and monitoring of the labour law compliance, but further work is needed to address the key 
challenges  in  the  labour  inspection  system  such  as  insufficient  financial  resources,  low 
number  of  inspectors  and  their  weak  capacities  to  carry  out  specialised  inspections.  The 
Department  of  Labour  and  Employment  (DOLE)  announced  plans  to  recruit  another  200 
labour  inspectors  and  permits  companies  to  undertake  voluntary  self-assessments  of 
compliance. 

There  have  been  increasing  concerns  and  allegations  about  employers  misusing  labour 
legislation through private employment agencies in the form of repeated hiring of workers on 
five-month contracts so as to avoid the obligation to regularise their employment status – the 

13 

 
so-called 'endo' hiring scheme. As a response, in March 2017, the DOLE issued a Department 
Order (DO) 174 which ended practices such as labour-only contracting, outsourcing of work 
due  to  a  strike  and  forcing  workers  to  sign  agreements,  including,  post-dated  resignation 
letters and waivers for minimum wage and welfare benefits. 

The  EU  is,  in  cooperation  with  the  ILO,  supporting  actions  to  strengthen  the  understanding 
and  implementation  of  the  international  labour  standards  through  the  project  on  effective 
implementation and reporting on fundamental ILO conventions. 

Abolition of Forced Labour (Conventions 29 and 105) 

Human  trafficking  for  the  purposes  of  prostitution,  involuntary  domestic  service  and  forced 
labour in industries, fisheries, agriculture and construction affects women, men and children. 
According to the 2016 US State Department's Trafficking in Persons Report, the Philippines 
meet the minimum standards for the elimination of trafficking in persons. However, ensuring 
effective  enforcement  of  legislation  as  well  as  thorough  investigations  and  prosecutions 
remain  key  challenges.  The  CEACR  also  points  out  that  complicity  and  the  lack  of 
understanding  of  the  relevant  anti-trafficking  legislation  among  the  law-enforcement  bodies 
and  social  services  further  contribute  to  low  levels  of  prosecutions.  Sex  trafficking  of 
children, in particular related to internet pornography and sex tourism, remains a problem. A 
new  law  on  children's  emergency  relief  and  protection  was  signed  in  May  2016,  which 
provides  for increased  comprehensive measures and  monitoring to  prevent child trafficking, 
labour  and  prostitution,  including  domestic  and  sexual  violence.  Importantly,  the  DOLE  is 
continuously  conducting  trainings  for  labour  law  compliance  officers  on  child  labour 
assessment.  

In  2016,  the  CEACR  has  requested  the  Philippines  to  ensure  that  migrant  workers  are 
sufficiently protected against abusive practices and forced labour. In this area, initiatives have 
been  taken  to  improve  the  protection  of  Filipino  migrant  workers  abroad  through  bilateral 
cooperation  and  through  the  establishment  of  new  Philippine  overseas  labour  offices  and 
regional  task  forces  to  support  enforcement  of  criminal  laws  related  to  child  labour.  The 
authorities  report  closing  private  recruitment  agencies  involved  in  human  trafficking.  To 
prevent  trafficking  of  migrant  workers,  the  Government  has  also  increased  funding  for  the 
Commission  on  Filipinos  Overseas  to  facilitate  anti-trafficking  prevention  campaigns  for 
migrant  workers,  and  has  expanded  training  and  awareness  events.  The  DOLE  has  issued 
policy  guidelines  for  the  employment  of  migratory  sugarcane  workers.  While  a  Department 
Order had been drafted as a response to serious concerns expressed notably by the workers in 
tuna industry related to working and living conditions on board commercial fishing vessels, 
its enforcement has not materialised. 

Minimum Age for Work and Worst Forms of Child Labour (Conventions 138 
and 182) 

While child labour has decreased in the Philippines, it remains a concern. Most of it occurs in 
the informal economy, and many children are subjected to hazardous work. According to the 
CEACR  observations,  trafficking  in  women  and  children  for  sexual  exploitation,  which  is 
socially and culturally tolerated in many areas and nourrished by corruption and complicity, is 
a concern and needs to be further tackled. There have been some advancements in efforts to 
combat  child  labour  through  both  prevention  and  rehabilitation  programmes  initiated  to 
eliminate child labour and trafficking of children by establishing child labour-free zones and 
offering  community  services  to  the  victims.  Importantly,  the  actions  involve  coordination 
between responsible government and enforcement bodies.  

14 

 
The new domestic workers law sets the minimum age requirement for domestic workers at 18. 
The  National  Child  Labour  Committee  has  adopted  a  2017-2022  strategic  framework 
programme against child labour, which foresees access of working children and their families 
to social protection, health care and education. Child labour will also be included in the labour 
force survey. In 2016, an inquiry was initiated on hazardous child labour in small-scale and 
artisanal  gold  mining  in  the  country,  and  the  impact  of  such  work  on  children's  education, 
health  and  social  development.  The  DOLE  and  Department  of  Education  have  developed 
guidelines  on  the  handling  of  child  labourers  in  schools  to  help  identify  and  assist  child 
workers. They also cooperate to help mitigate child labour by schooling children. The K-12 
education programme is rolling out, which aims to increase the years spent in education and 
subsequently decrease the engagement in child work. 

The CEACR urged the Philippines to ensure special protection and dissuasive punishment for 
persons  who  subject  children  to  hazardous  or  exploitative  conditions.  The  DOLE  issued 
guidelines on assessing and determining hazardous work in the employment of persons below 
18  years  of  age.  While  the  Philippines  have  made  improvements  in  investigations  and 
prosecutions of trafficking cases, the CEACR also noted that further focus should be placed 
on labour exploitation. The CEACR also stressed that sufficient protection should be ensured 
for children working in the informal economy or who are self-employed. 

Elimination of Discrimination (Conventions 100 and 111) 

With  regards  to  gender  equality,  the  Philippines  performs  rather  well  with  high  educational 
attainment of women and recent improvements in economic opportunities, including women 
in  ministerial  positions.  Nevertheless,  women  are  concentrated  in  low-paid  industries  and 
occupations. Therefore, vocational guidance and access to education and training are essential 
to  address  occupational  segregation.  Women  should  be  granted  access  to  a  wider  range  of 
jobs, including higher-paid jobs and those offering career advancement. 

The  established  labour  law  compliance  system  (LLCS)  is  monitoring  complaints  on 
harassment  at  the  workplace.  The  administration  also  launched  initiatives  to  improve  equal 
rights and opportunities in the public sector. The CEACR has been urging the Government to 
give full legislative expression to the principle of equal remuneration for men and women for 
work  of  equal  value.  The  16th  Congress  initiated  a  law  on  equal  employment  opportunities 
which  would  introduce  a  new  State  policy  to  protect  and  enhance  the  right  of  all  people  to 
human  dignity  and  to  reduce  economic  inequity  by  promoting  equality  of  employment 
opportunities  for  all  regardless  of  sex,  race,  creed,  age,  appearance,  sexual  orientation, 
regional or ethnic origin, disability, weight or height. However, the law was not adopted and it 
has not been re-introduced in the 17th Congress. 

Future actions and priorities 

Besides ending the so called 'endo' hiring scheme, another priority area includes aligning the 
laws with ILO Convention 87 based on the ILO recommendations. Legislative proposals have 
been  reintroduced  in  Congress  and  marked  as  priority,  but  are  still  pending  adoption.  The 
amendments involve allowing foreigners to engage in trade union activities, reduce excessive 
membership  requirements  for  registration  of  trade  unions  and  union  confederations.  The 
Philippines  also  plans  to  continue  to  increase  and  strengthen  the  enforcement  capacities  of 
labour inspectorates and improve the track record of human trafficking and child labour.  

There  have  been  considerations  and  proposed  legislation  to  expand  social  protection  to  the 
informal sector. This would in effect expand the labour monitoring system to cover workers in 

15 

 
the informal economy, but progress is lacking so far. Labour issues in special economic zones 
are also of concern, especially the ability of workers in these zones to form labour unions. 

The  EU  is  working  closely  with  the  ILO  to  strengthen  the  effective  implementation  and 
reporting on fundamental ILO conventions and Government's and stakeholders' understanding 
of  labour  standards,  while  also  addressing  industry  regarding  global  supply  chains  and 
possible positive effects of trade on job creation.   

Conclusions 

Overall, the structures and necessary policy and legal frameworks are in place to ensure the 

application of labour standards in the Philippines. Further efforts are needed regarding the 

enforcement  and  implementation  capacities  to  strengthen  enforcement.  The  administration 

made a strong commitment to create jobs through inclusive growth and an overall stronger 

social  agenda.  This  is a  key task  and  challenge  also for  bringing  peace  and  stability  to  the 

country  and  to  deal  effectively  with  drug  problems.  The  Government's  socio-economic  plan 

addresses some of the pertinent labour issues and has materialised in the case of ending the 

so called 'endo' scheme. 

Moreover,  various  laws  have  been  initiated  and  prioritised  in  the  Congress  which  aim  to 

strengthen  the  implementation  of  the  labour  conventions  and  to  address  the  ILO 

recommendations. However, their adoption is still pending. 

The  Philippines  has  made  efforts  in  combatting  child  labour  and  the  protection  of  migrant 

workers in relation to forced labour. 

One of the key issues to be addressed as a priority is continued and dedicated engagement in 

the functioning of social dialogue in the country, in particular by ensuring investigation and 

prevention  of  violence  against  trade  unions.  Further  efforts  should  target  enforcement 

capacities, by strengthening the labour inspection and ensuring thorough investigations and 

prosecutions of human trafficking cases, including child labour. 

Finally,  labour  legislation  should  be  aligned  with  ILO  Convention  87  on  freedom  of 

association and be adopted. 

2.3.  UN Conventions on Environmental Protection and Climate 

Change (Conventions 16-23) 

Status of ratification and reporting 

The  Philippines  has  maintained  ratification  of  all  conventions  on  environmental  protection 
and  climate  change.  The  Philippines  ratified  the  Paris  Agreement  in  March  2017.  The 

16 

 
Philippines  complied  with  most  of  the  reporting  obligations  under  the  relevant  conventions 
but not yet under CITES, the Cartagena Protocol and the Stockholm Convention on Persistent 
Organic Pollutants (the 3rd report has not yet been submitted). 

Status of implementation of the conventions 

Convention on International Trade in Endangered Species of Wild Flora and 
Fauna (CITES) 

The  Philippines  submitted  the  Annual  Report  for  2015  to  CITES  in  October  2016  and  the 
Biennial  Report  for  2013-2014  on  2  November  2015.  Its  legislation  is  still  classified  under 
'category  2'  but  discussions  are  ongoing  with  the  CITES  Secretariat  to  obtain  'category  1' 
status14. 

The  Philippines  is  one  of  the  mega-diverse  biodiversity  countries  in  the  world.  As  regards 
CITES  implementation,  the  Wildlife  Resources  Conservation  and  Protection  Act  of  2001  is 
the  main  legislation  protecting  endangered  species.  The  Department  of  Environment  and 
Natural  Resources  (DENR),  the  national  police  and  the  Bureau  of  Customs  (BOC)  have 
created  wildlife  traffic  and  monitoring  units.  The  geography  of  the  country  and  poverty, 
however, make it difficult for the Government to control all forms of illegal trade in wildlife. 
The Philippines has substantial information on wildlife law enforcement operations from 2010 
to date but submission of the information was not required by CITES until very recently. 

The CITES Standing Committee identified Philippines in 2013 as one of the eight 'countries 
of  primary  concern'  in  relation  to  illegal  ivory  trade  and  recommended  that  the  Philippines 
adopt and implement a national ivory action plan (NIAP) to address the role of the country as 
a  transit  place  for  illegal  ivory  trade.  The  Philippines  submitted  such  a  plan,  which  was 
assessed  by  the  CITES  Standing  Committee  in  July  2014.  The  committee  decided  that  the 
plan  should  be  strengthened  with  a  view  to  a  new  assessment  at  the  66th  CITES  Standing 
meeting in January 2016. The Philippines is one of the countries that has been commended by 
the  CITES  Standing  Committee  for  having  substantially  achieved  its  targets  under  NIAP. 
DENR has worked with the BOC to hand over its seized stockpile of rhinoceros horns worth 
EUR 1.5  million (to dispose or return  the horns to  Mozambique) and to end illegal wildlife 
trafficking and trade. 

Basel Convention 

Regarding  the  implemention  of  the  Basel  Convention,  major  challenges  are  the  arrival  of 
shipments in the Philippines without necessary importation clearance and incidences of illegal 
traffic  of  hazardous  waste.  The  legislation  in  place  (Republic  Act  6969  and  Administrative 
Orders  DAO  29  and  28)  seems  to  allow  for  an  effective  control  of  imports  of  hazardous 
wastes  from  developed  countries.  The  non-ratification  of  the  Ban  Amendment,  however, 
generated much criticism from environmental groups who flagged the possibility of illegally 
labelled shipments. As a result, the Philippines prohibits the import of hazardous wastes for 

14 Category 1: legislation that is believed generally to meet all requirements for effective implementation of CITES.  
Category 2: legislation that is believed generally not to meet all of the requirements for the implementation of CITES  

Source: https://cites.org/eng/legislation/National_Legislation_Project 

17 

 
                                                 
 
final  disposal  but  continues  to  allow  selected  imports  for  recycling  (about  100,000  metric 
tonnes/year). 

Planned  activities  regarding  hazardous  waste  management  include  amending  existing  laws 
and regulations to update the classification of hazardous waste and the implementation of the 
Revised  Procedures  and  Standards  for  the  Management  of  Hazardous  Wastes,  including 
specific activities related to E-waste. DENR also launched a five-year project designed to deal 
with  the  growing  problem  of  electronic  waste  and  pursued  the  dismantling  of  large-scale 
fishpen operators in Laguna lake. 

Convention on Biological Diversity (CBD) 

The  Philippines  has  consistently  met  the  requirements  of  the  Convention  on  Biological 
Diversity (CBD), although the trend in biodiversity loss in the country remains worrying. The 
most  recent  national  report  of  the  Philippines  to  the  CBD  was  submitted  in  2014  for  the 
period 2009-2013. It assesses the country's progress towards meeting the biodiversity target of 
achieving a significant reduction in the current rate of biodiversity loss. The Philippines also 
submitted  the  National  Biodiversity  Strategy  and  Action  Plan  (NBSAP)  in  2016.  The 
Government has adopted the Philippine Biodiversity Strategy and Action Plan 2014-2025, a 
requirement under the Convention, with support from the Global Environment Facility (GEF). 
Furthermore,  the  Philippines  has  introduced  a  clearing  house  mechanism  for  information-
sharing as well as a National Biosafety Committee. 

The  Philippines  is  one  of  the  world's  biodiversity  hotspots  with  at  least  700  threatened 
species. Biodiversity decline is associated with high population growth and poverty leading to 
deforestation  and  overfishing.  A  general  lack  of  resources  to  support  protected  area 
management committees and forced land use plans in key biodiversity spots not yet classified 
as protected areas have added to the challenges the Government faces. 

The  Philippines  has  identified  a  number  of  actions  necessary  to  address  the  threats  to 
biodiversity, among them are direct actions (restoration of ecosystem functions, promotion of 
biodiversity-friendly  livelihoods  and  strengthening  law  enforcement)  and  enabling  actions 
(communication,  education  and  public  awareness,  capacity  development  for  biodiversity 
conservation, biodiversity conservation-related research, strengthening policy for biodiversity 
conservation, promotion of biodiversity-friendly technology and resource mobilisation). 

A bill was adopted to strengthen the so called National Integrated Protected Areas System and 
increasing  penalties  on  environmental  crimes.  Congress  approved  a  bill  which  substantially 
increases fines and maximum jail terms in an attempt to support rehabilitation, development 
and protection of the environment. 

Stockholm Convention on Persistent Organic Pollutants 

The  Philippines  adopted  a  plan  aiming  to  address  existing  gaps  in  national  legislation  and 
initiated basic measures such as a national inventory of persistent organic pollutants (POPs) 
with  assistance  from  the  World  Bank  and  the  Global  Environment  Facility  (GEF).  Most 
pesticides listed under Annex A of the Convention were banned in the Philippines as early as 
in  the  1980s.  The  legislative  framework  in  place  is  consistent  with  the  provisions  of  the 
Convention.  The  3rd  National  Report  for  the  Philippines  is  being  prepared  using  the  inputs 
from  the  2014  National  Implementation  Plan  (NIP)  on  the  elimination  of  POPs.  In  this 
respect,  the  latest  update  of  the  NIP  is  still  pending.  New  POPs  and  monitoring  remain 
important challenges. 

The  Philippines  has  reported  achievements  in  the  reduction  or  elimination  of  dioxins  and 
furans, the phase out and disposal of polychlorinated biphenyls (PCBs), the identification of 

18 

 
POPs  contaminated  sites  and  the  management  of  POPs  pesticides.  These  developments  are 
supported  by  projects  such  as  the  PCB  Management  Programmes  for  Electric  Cooperatives 
and Safe E-waste Management, and the Global Monitoring Project 2. 

Cartagena Protocol on Biosafety 

The 3rd National Report was submitted to the CBD Secretariat in April 2016. The Philippines 
participated in the 8th Conference of the Parties in 2016. The Philippines expressed its intent 
to take the lead and serve as the Asia Biosafety Clearing House coordinator. The creation of a 
technical working group for the Nagoya-Kuala Lumpur Supplementary Protocol on Liability 
and Redress was mentioned as a priority. 

The Philippines has a national biosafety framework as per Executive Order 514 issued on 17 
March 2006, which paved the way for the establishment of the National Biosafety Framework 
(NBF). The Philippines does not regulate the trans-boundary movement, handling and use of 
living modified organisms (LMOs) which are pharmaceuticals nor transit and contained use 
of LMOs. The Bureau of Plant Industry (BPI) requires a biosafety permit for LMOs for field 
test  and  propagation.  The  country's  NBF  was  enhanced  with  the  issuance  of  the  Joint 
Department Circular of 2016, which provides guidelines on the stages of GMO activities that 
should be subjected to risk assessment. Development and harmonisation of operation manuals 
among the four competent National Authorities is ongoing. 

Conventions on Climate Change 

Under  the  United  Nations  Framework  Convention  on  Climate  Change  (UNFCCC),  the 
Philippines  notified  its  2nd  National  Communication  in  2014  but  has  not  submitted  any 
Biennial Update Report yet, the first report having been expected by December 2014. 

With regard to the implementation of the Montreal Protocol, the measures to phase-out ozone-
depleting  substances  are  in  line  with  the  provisions  of  the  protocol  and  no  non-compliance 
procedures are  pending.  The  Philipppines  is  planning  to  ratify  the  Kigali  amendment  of  the 
Montreal Protocol by mid-2018. To this end, the Philippine Ozone Desk of the Environmental 
Management  Bureau  of  DENR  has  been  conducting  public  awareness  activities  targeted 
towards  the  general  public  as  well  as  the  Government,  industry,  private  sector,  academia, 
media and civil society. 

The  Philippines  ratified  the  Paris  Agreement  on  23  March  2017.  According  to  its  Intended 
Nationally  Determined  Contribution  (INDC),  submitted  in  October  2015,  the  Philippines 
intends to undertake greenhouse gas emissions reduction of about 70% by 2030 relative to its 
business-as-usual scenario of 2000. The reduction will  mainly  come from energy, transport, 
waste, forestry and industry sectors. However, details are missing  on how exactly it will be 
achieved, in particular with regard to land use, land use change and forestry. The Philippines 
also  submitted  its  Second  National  Communication  in  2014  but  still  needs  to  submit  a 
biennial update report, the first of which was due by the end of 2014. 

The  EU's  Access  to  Sustainable  Energy  Programme  (ASEP)  is  the  first  EU  development 
cooperation programme on energy in the country (EUR 60 million). The programme provides 
advice on policy making on rural electrification, energy efficiency and labelling, subsidising 
solar home systems, rural network solar and a pre-paid metering pilot and grants to innovative 
business solutions. The project will run until September 2019. 

19 

 
Conclusions 

During the reporting period 2016-2017, no specific problems have been reported in relation 

to the implementation of the CBD, Basel and Stockholm Conventions. In relation to the CITES 

convention, the Philippines has submitted its most recent reports due, and the country made 

progress on tackling illegal ivory trade.  

The  Philippines  has  ratified  the  Paris  Agreement  and  has  taken  some  strong  measures  to 

address  environmental  and  climate  change  concerns.  It  is  however  unclear  how  effectively 

some  of  these  measures  are  implemented  and  whether  new  or  revised  policy  measures  are 

needed,  in  particular  regarding  its  commitments  under  the  UN  conventions  on  climate 

change.  

As  the  Philippines  is  a  fast-growing  country  with  consumption  and  production  increasing 

rapidly,  the  Government  is  still  actively  looking  at  meeting  its  increasing  energy  demands, 

even  through  building  more  coal-fired  power  plants  (for  instance  in  Mindanao).  This  is 

turning around the energy mix in favour of coal). Such developments, as well as lack of detail 

on  planned  actions  may  put  into  question  climate  change  commitments.  A  strengthened 

dialogue is therefore necessary to facilitate an environment-friendly growth agenda. 

2.4.  UN Conventions on Good Governance (Conventions 24-27) 

Status of ratification and reporting 

The  Philippines  maintains  ratification  of  the  three  UN  drug  conventions.  The  Philippines  is 
compliant  with  all  requests  for  monitoring  information  from  the  International  Narcotic 
Control Board (INCB). In March 2017 the latest annual report for 2016 was released. 

The  Philippines  maintains  ratification  of  the  UN  Convention  against  Corruption  (UNCAC). 
The Philippines has been conducting the preliminary assessment sessions since 2014 for the 
Second Cycle Review. It has also commenced assessing its preliminary findings vis-à-vis the 
Revised  Self-Assessment  Checklist  which  was  finalised  in  June  2016.  The  Philippines  has 
been selected as one of the countries to be reviewed in 2018, as well as a reviewing state for 
the Second Cycle Review. 

Status of implementation of the conventions 

UN Conventions Fighting Illegal Drugs 

Reports  of  acts  of  violence  and  murder  in  the  Philippines  committed  against  individuals 
suspected  of  involvement  in  the  illicit  drug  trade  or  of  drug  abuse,  which  may  have  been 
encouraged or condoned by members of the Government since July 2016, came to the INCB 
Board's attention. In August 2017, the Board issued a statement calling on the Government to 
issue an immediate and unequivocal condemnation and denunciation of extrajudicial actions 
against individuals suspected of involvement in the illicit drug trade or of drug abuse, to put 

20 

 
an immediate stop to such actions, and to ensure that the perpetrators of such acts are brought 
to justice in full observance of due process and the rule of law. The INCB Board also brought 
to  the  attention  that  extrajudicial  action,  purportedly  taken  in  pursuit  of  drug  control 
objectives,  is  fundamentally  contrary  to  the  provisions  and  objectives  of  the  three 
international drug control conventions, under which all actions must be undertaken within the 
due process of law.15 

The  manufacture,  trafficking  and  use  of  crystalline  methamphetamine  (shabu  in  the 
Philippines) continues to be the primary drug threat. It accounts for the vast majority of drug-
related arrests and drug treatment admissions in the country. The Philippines is a transit and a 
destination point for cocaine trafficking from South America. According to a 2015 Dangerous 
Drug  Board  survey,  the  prevalence  of  drug  users  in  the  country  amounted  to  2.3%  or  was 
equivalent  to  1.8  million  people  of  the  population  within  the  age  range  of  10-69  years. 
However,  the  Government  has  recently  suggested  a  much  higher  figure  of  4  million  drug 
users in the country. In 2016, there was a sharp increase in the volume of shabu, ecstasy and 
cocaine  seizure  compared  to  the  previous  year.  In  the  same  year,  according  to  the  Drugs 
Enforcement  Agency,  there  was  an  increase  of  29%  in  anti-drugs  operations  compared  to 
2015.  In  2016,  almost  28,000  'drug  personalities'  were  reportedly  arrested,  as  compared  to 
9,162  in  2013.  The  number  of  arrested  Government  officials  amounted  to  224  in  2016, 
including Government employees, elected officials and law enforcers. 

The  main  legal  act  related  to  drug  enforcement  is  the  Republic  Act  No  9165,  called  the 
Dangerous Drug Act of 2002. In the 17th Congress, numerous bills have been introduced to 
amend  particular  sections  of  the  Dangerous  Drugs  Act  9165.  These  amendments  contain 
sections  to  include  the  death  penalty  for  drug  related  heinous  crimes,  strengthening  of  the 
Philippine  Drug  Enforcement  Authority,  restoration  of  plea  bargaining  and  probation  laws, 
expedition of the disposition of drug related judicial cases, but none specific on proportionate 
sentencing. 

The  'war  on  drugs'  of  the  Duterte  administration  is  spelled  out  in  the  Philippine  National 
Police  (PNP)  Command  Memorandum  Circular,  the  so-called  'Double  Barrel  Project',  that 
was issued on 1st July 2016 on the first day of the Duterte Presidency (see the section under 
CCPR above).  

In  August  2016,  the  UNODC  Executive  Director  released  a  statement  condemning 
extrajudicial  killings  in  the  Philippines.  UNODC  has  advocated  a  shift  from  a  law 
enforcement and sanction-oriented approach (which could be perceived as justifying the war 
on drugs)  towards a health-oriented response. Civil society organisations, a number of local 
government  units  as  well  as  Senator  Risa  Hontiveros  have  also  called  for  a  shift  from  the 
sanction-oriented approach to a more health-oriented and evidence-based approach.  

The Department of Health and the Dangerous Drugs Board have since September 2016, and 
in  particular  after  the  temporary  suspension  of  the  war  on  drugs  in  early  2017,  announced 
different statements, policies and programmes to reduce the prevalence of drug abuse based 
on  a  more  health-oriented  and  evidence  based  approach.  This  would  include  more  effective 
leadership  and  governance  for  drug  abuse  prevention,  treatment  and  rehabilitation,  the 
provision  of  comprehensive,  integrated  health  care  services  in  Treatment  Rehabilitation 

15 https://www.incb.org/incb/en/news/press-releases/2017/press_release_20170818.html 

21 

 
 
 
                                                 
Centres  (TRC)  and  community-based  settings,  the  implementation  of  strategies  for  health 
promotion and drug abuse prevention as well as strengthened information systems, evidence 
and research. 

In  August  2017,  the  ASEAN  Regional  Forum  (ARF)  adopted  a  ministerial  statement  on 
Enhancing Cooperation in Addressing and Countering the Drug Problem co-sponsored by the 
Philippines  and  China.  This  statement  promotes  a  balanced,  comprehensive,  integrated  and 
evidence-based  approach  to  address  the  World  Drug  Problem  and  reiterates  that  the  three 
international  drug  control  conventions  constitute  the  cornerstone  of  the  international  drug 
control system. Furthermore, ARF members committed to fully respect all human rights and 
fundamental freedoms while addressing the drug problem. 

The EU is supporting the Department of Health in its efforts to step up community-based care 
with the development of guidelines for two voluntary treatment pathways. The Department of 
Health  would  like  to  promote  these  pilot  evidence-based  approaches  for  which  further 
technical  assistance  has  been  requested  from  the  EU.  The  recently  started  EU-Philippines 
Governance  in  Justice  Programme  (GOJUST)  is  supporting  the  efforts  of  the  Justice  Sector 
Coordinating  Council  (JSCC)  to  address  the  inter-agency  coordination  problems  that  have 
resulted  in  drug  cases  not  being  successfully  prosecuted  and  in  significant  case  delays  and 
backlogs in the Philippine judicial system regarding the implementation and enforcement of 
the Comprehensive Dangerous Drugs Act of 2002.  

UN Convention against Corruption (UNCAC) 

The executive summary of the latest review by the UNCAC Implementation Review Group is 
available since December 2013. A second round of assessments was expected to start in 2015-
2016.  The  Philippines  was  a  founding  member  of  the  multi-country  Open  Government 
Partnership  in  September  2011.  Preventive  anti-corruption  strategies  include  transparency, 
citizen  participation,  institutionalising  public  accountability  and  leveraging  technology  and 
innovation. Good progress has been made in all of these areas. A presidential UNCAC Inter-
agency Committee created through Executive Order No. 171 in 2014 is tasked with carrying 
out the implementation, monitoring and review of all initiatives to achieve the UNCAC goals, 
in  close  collaboration  with  the  Office  of  the  Ombudsman.  The  Ombudsman  has  published 
documentation  detailing  where  the  country  is  in  full  or  partial  compliance  with  UNCAC 
Chapter IV, and identifying gaps and challenges.  

The  Duterte  administration  was  elected  also  on  a  platform  of  anti-corruption.  The  anti-
corruption policy was reinforced with the issuance of Executive Order No.2, more commonly 
referred to as Freedom of Information. The Order will cover all Government offices under the 
executive branch, including the national Government and all its offices, departments, bureaus 
and  instrumentalities.  It  also  applies  to  State-run  firms,  universities  and  colleges.  It  will, 
however,  not  cover  Congress  and  the  judiciary  system.  Local  Government  units  are 
encouraged to follow the order.  
In the 17th Congress, an Act Strengthening the Office of the Ombudsman and Increasing and 
Broadening the Scope of its Powers, and for Other Purposes was introduced and is currently 
with  the  Committee  on  Justice.  The  Congress  amended  the  Anti-Money  Laundering  Act  to 
include casinos. The law is now with the office of the President for signature. 

The  Expanded  Anti-Red  Tape  Act  was  adopted  in  response  to  demands  from  the  business 
sector  and  Government  agencies  to  improve  the  ease  of  doing  business  in  the  country  and 
make it more competitive. 

22 

 
 
 
Nevertheless,  the  2017  National  Trade  Estimate  Report  on  Foreign  Trade  Barriers  of  the 
Office  of  the  US  Trade  Representative  (USTR)  states  that  "corruption  is  a  pervasive  and 
longstanding problem in the Philippines. Both foreign and domestic investors have expressed 
concern  about  the  propensity  of  Philippine  courts  and  regulators  to  stray  beyond  matters  of 
legal interpretation into policymaking, as well as about the lack of transparency in judicial and 
regulatory processes". The report also highlights courts being influenced by bribery and their 
improperly issuing of temporary restraining orders to impede legitimate commerce, as well as 
corruption and irregularities in customs processing. In 2016, the Philippines slid further down 
in the annual Transparency International Corruption Perceptions Index (CPI). The score of 35 
for 2016 was the same as its score in the 2015 report. However, its ranking slipped to 101 out 
of 176 countries, compared to the 95th place out of 168 in 2015. 

Conclusions 

The  way  the  campaign  against  illegal  drugs  is  conducted  is  a  matter  of  grave  concern,  in 

particular  the  large number of  drug-related killings as  well  as the sharp increase in  prison 

overcrowding.  The  Government  is  encouraged  to  reconsider  its  approach  to  drug  related 

problems. As stated by the International Narcotic Control Board and the UN Office on Drugs 

and Crime, the Philippines must reorient its fight against drugs from a law enforcement and 

sanction-oriented  approach  towards  a  health-oriented  response,  that  fully  respects  due 

process  of  law  and  that  is  fully  in  line  with  the  Philippines'  international  obligations, 

including on human rights and the three drug control conventions. 

With regard to the fight againt corruption, the Philippines is addressing the challenges it is 

faced  with  through  improvements  of  the  Government  bureaucracy,  including  freedom  of 

information  and  customs.  The  legislative  framework  for  fighting  corruption  is  in  place  and 

has been further strengthened by the Duterte administration. Initiatives in the 17th Congress 

include whistle-blowers' protection, amendments to code of conduct and ethical standards for 

public  servants,  penalising  influence-peddling,  amendments  to  the  anti-graft  and  corruption 

practices,  strengthening  of  the  institutional  capacity  of  the  Ombudsman,  exceptions  to  the 

Bank  Secrecy  Law,  amendments  to  Extradition  Law,  Freedom  of  Information  Act, 

amendments to the Witness Protection Act, and mutual legal assistance in criminal matters.  

3.  Trade and Economy 

3.1.  Trade Picture 

In terms of its macro-economic performance, the Philippines is doing very well: with a GDP 
of  USD  304.9  billion,  and  a  growth  of  6.9%  in  2016,  the  Philippines  overtook  China  and 
Vietnam. The Philippines continues to keep on its upward track in terms of macro-economic 
policy indicators. Yet, the Philippines' external sector remains weak and dependent on a few 
countries  (Japan,  China,  US  and  the  EU)  and  products/sectors  (electronics,  business 
processing  outsourcing,  remittances),  making  it  more  vulnerable  to  some  of  the  non-

23 

 
commercial policies and developments since the new Government took over power, including 
the adoption of Martial Law in Mindanao.  

The Philippines is a member of the Association of Southeast Asian Nations and thus a party to 
the ASEAN Free Trade Area and to the five regional FTAs that ASEAN has concluded with 
six countries (China, South Korea, Japan, India, Australia and New Zealand), and has also a 
bilateral FTA with Japan. An FTA with EFTA is currently under ratification.  

As  for  the  EU,  in  2016,  total  bilateral  trade  amounted  to  EUR  12.8  billion  with  a  EUR  0.6 
billion surplus  for the Philippines, making it the EUs 40th trading  partner. Trade in services 
was worth EUR 4.2 billion in 2015 (EUR 240 million surplus for the Philippines). The EU is 
the  largest  foreign  investor  in  the  Philippines,  with  stocks  in  the  country  of  over  EUR  6.1 
billion (2015).  

3.2.  GSP+ Statistics 

Figure 1 to Figure 3 below describe the Philippines' utilisation of the GSP+ in the context of 
its  overall  imports  to  the  EU.  The  Philippines  was  granted  GSP+  beneficiary  status  on  25 
December  2014  –  prior  to  this,  it  was  a  beneficiary  of  the  Standard  GSP.  Therefore,  the 
figures reflect imports under Standard GSP for 2012, 2013 and 2014, and GSP+ since 2015.  

The  Philippines  has  increased  its  use  of  GSP+  preferences  which  are  now  used  for  26%  of 
total  exports.  This  made  the  EU  its  largest  exporting  partner  in  recent  months  (January  and 
March 2017).  

Philippine exports are greatly benefitting from the enhanced access to the EU market under 
GSP+  (51%  growth  since  2012),  particularly  products  like  coconut  oil,  preserved  tuna, 
bicycles,  pineapple  products,  fruit  jams,  and  some  garments  and  footwear.  The  Philippine's 
main  exports  to  the  EU  consist  of  animal  or  vegetable  oils  and  fats  (28%),  office  and 
telecommunication  equipment  and  machinery  (10%),  preparations  of  meat  and/or  fish  (7%) 
and  optical  and  photographic  instruments  (5%).  In  2016,  the  GSP+  utilisation  rate  of  the 
Philippine was 71%. 

Source for all statistics: Eurostat data as of September 2017. 

Figure 1 

Philippines - Imports to the EU, 2014-2017 

Figures in thousand EUR 

2014 

2015 

2016 

2017 (Q1-2) 

Total imports to EU 
GSP+ eligible imports 
GSP+ preferential imports 
GSP+ utilisation rate 

5,266,541 
1,827,039 
1,227,661 
67.2% 

6,720,351  6,300,265 
2,322,588  2,358,534 
1,585,860  1,673,980 
71.0% 

68.3% 

3,805,138 
1,273,001 
903,323 
71.0% 

Trend 
2014-2016 

19.6% 
29.1% 
36.4% 
5.6% 

24 

 
  
  
  
 
Figure 2 

8.000.000

7.000.000

6.000.000

5.000.000

4.000.000

3.000.000

2.000.000

1.000.000

0

)
R
U
E
d
n
a
s
u
o
h
t
(

U
E
e
h
t
o
t

s
t
r
o
p
m

I

Figure 3 

Philippines - Imports to the EU, 2014-2016 

6.720.351 

23.60% 

10.96% 

6.300.265 

GSP+ preferential imports

26.57% 

10.87% 

Eligible GSP+ imports
which do not use GSP+
preferences

Other preferential and
non-preferential imports

65.44% 

62.56% 

5.266.541 

23.31% 

11.38% 

65.31% 

2014

2015

2016

Philippines -  
Product Diversification of GSP Preferential Imports, 
2016 

30% 

28% 

Animal or vegetable fats and oils

Machinery and equipment

Preparations of meat, of fish or of
crustaceans, molluscs or other aquatic
invertebrates
Optical, clocks and watches, musical
equipment

Miscellaneous chemical products

Preparations of vegetables, fruit, nuts,
other parts of plants

3% 

3% 

4% 

5% 

Rubber

10% 

5% 

5% 

7% 

Nuclear reactors, boilers, machinery
and mechanical appliances

Plastics

All other sections

25 

 
 
 
 
 
 
 
 
 
ANNEX 

Philippines – Treaty Ratification and Reporting  

Convention 

Status of ratification / 
reservations16 

Compliance with reporting obligations to 
monitoring bodies 

1. Convention on the 
Prevention and Punishment 
of the Crime of Genocide 

2. International Convention 
on the Elimination of All 
Forms of Racial 
Discrimination 

3. International Covenant on 
Civil and Political Rights 

4. International Covenant on 
Economic, Social and 
Cultural Rights 

5. Convention on the 
Elimination of All Forms of 
Discrimination against 
Women 

6. Convention against 
Torture and Other Cruel, 
Inhuman or Degrading 
Treatment or Punishment 

7. Convention on the Rights 
of the Child 

8. Convention concerning 
Forced or Compulsory 
Labour, No. 29 

9. Convention concerning 
Freedom of Association and 
Protection of the Right to 
Organise, No. 87 

10. Convention concerning 
the Application of the 
Principles of the Right to 
Organise and to Bargain 
Collectively, No. 98 

Ratified: 07.07.1950 

No reporting obligations 

Reservations on Articles 4, 
6, 7, 9 

Ratified: 15.09.1967 

Lack of compliance with reporting obligations 

No reservations 

Last report submitted on 23.04.2013. 

Latest report due 04.01.2012.  

Ratified: 23.10.1986 

Lack of compliant with reporting obligations 

No reservations 

Last report due 31.10.2016.  

Latest report submitted on 12.09.2010. 

Ratified: 07.06.1974 

Compliant with reporting obligations 

No reservations 

Last report submitted 25.11.2014. 

Next report due on 31.10.2021. 

Ratified: 05.08.1981 

Compliant with reporting obligations 

No reservations 

Last report submitted on 16.01.2015.  

Next report due on 31.07.2020. 

Ratified: 18.06.1986 

Compliant with reporting obligations 

No reservations  

Last report submitted on 25.11.2014.  

Next report due on 13.05.2020. 

Ratified: 21.08.1990 

Compliant with reporting obligations 

No reservations 

Last report submitted on 18.01.2008.  

Latest report due on 19.09.2017. 

Ratification: 2005 

Compliant with reporting obligations  

Ratification: 1953 

Compliant with reporting obligations  

Latest CEACR comments: Observation 2016. 

Latest CEACR comments: Observation 2016; Direct 
Request 2016. 

Ratification: 1953 

Compliant with reporting obligations  

Latest CEACR comments: Observation 2015; Direct 
Request 2015. 

16 Reservations do not apply in the ILO system, so there is no relevance to providing information on reservations under each 
of these conventions. 

26 

 
 
                                                 
11. Convention concerning 
Equal Remuneration of Men 
and Women Workers for 
Work of Equal Value, No. 
100 

12. Convention concerning 
the Abolition of Forced 
Labour, No. 105 

13. Convention concerning 
Discrimination in Respect of 
Employment and 
Occupation, No. 111 

14. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 138 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

Ratification: 1953 

Compliant with reporting obligations  

Latest CEACR comments: Observation 2014; Direct 
Request 2014. 

Ratification: 1960 

Compliant with reporting obligations  

Latest CEACR comments: Observation 2016; Direct 
Request 2016. 

Ratification: 1960 

Compliant with reporting obligations  

Latest CEACR comments: Observation 2015; Direct 
Request 2015. 

Ratification: 1998  

Compliant with reporting obligations  

Minimum age specified: 15 
years 

Latest CEACR comments: Observation 2016. 

Ratification: 2000 

Compliant with reporting obligations  

Latest CEACR comments: Observation 2016; Direct 
Request 2016. 

16. CITES 

Ratification: 18.08.1981. 

Lack of compliance with reporting obligations 

The Philippines has not 
agreed to the Bonn 
Amendment (on financial 
provisions). 

Last (2015) Annual Report submitted on 20.10.2016. 

Last Biennial Report for 2013-2014 submitted on 
02.11.2015. 

Biennial Reports for 2003-04, 2005-06, 2007-08, 
2011-12 are due. 

17. Montreal Protocol 

Accession: 17.07.1991 

Compliant with reporting obligations 

No reservations 

Most recent data for 2016 was submitted. 

18. Basel Convention 

Ratification: 21.10.1993 

Compliant with reporting obligations 

No reservations 

All National Reports submitted. 

Latest (2015) National Report submitted on 
28.12.2016. 

19. Convention on 
Biological Diversity 

Ratification: 08.10.1993 

Compliant with reporting obligations 

No reservations 

All reports submitted. 

20. UN Framework 
Convention on Climate 
Change 

Latest (Fifth) National Report submitted on 
03.09.2014. 

Revised National Biodiversity Strategy and Action 
Plan submitted on 24.06.2016. 

Ratification: 1994 

Compliant with reporting obligations 

No reservations 

First National Communication submitted on 
19.05.2000. 

Second National Communication submitted on 
29.12.2014. 

Third National Communication outstanding. 

No Biennial Update Reports submitted. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 05.10.2006 

Lack of compliance with reporting obligations 

First National Report not submitted. 

27 

 
 
No reservations 

Second National Report submitted on 28.10.2011. 

Third National Report submitted on 30.11.2015. 

22. Stockholm Convention 

Ratification: 27.02.2004 

Lack of compliance with reporting obligations 

No reservations 

Latest (Second Round) National Report submitted on 
05.08.2011. 

First Round (2006) and Third Round (2014) National 
Reports due. 

23. Kyoto Protocol 

Ratification: 20.11.2003 

No reporting obligations 

24. UN Single Convention 
on Narcotic Drugs 

25. UN Convention on 
Psychotropic Substances 

26. UN Convention against 
Illicit Traffic in Narcotic 
Drugs and Psychotropic 
Substances 

27. UN Convention against 
Corruption 

Reviewing is fulfilled by the International Narcotics 
Control Board (INCB). 

No reservations 

Ratification: 02.10.1967 

No reservations 

Accession: 07.06.1974 

No reservations 

Ratification: 07.06.1996 

No reservations 

Ratification: 08.11.2006 

No reservations 

Reviewing is fulfilled by the UN Office on Drugs 
and Crime (UNODC). The Executive Summary of 
the 2013 review was published on 10.12.2013.  

28