JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of the Philippines covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Council Report on the Generalised Scheme of Preferences covering the period 2018 - 2019
Date: 2020-02-10
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Philippines, common commercial policy, development aid, generalised preferences, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 10.2.2020  SWD(2020) 24 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of the Philippines covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Council Report on the Generalised Scheme of Preferences covering the period 2018 - 2019 {JOIN(2020) 3 final} - {SWD(2020) 16 final} - {SWD(2020) 17 final} - {SWD(2020) 18 final} - {SWD(2020) 19 final} - {SWD(2020) 20 final} - {SWD(2020) 21 final} - {SWD(2020) 22 final} - {SWD(2020) 23 final} - {SWD(2020) 25 final}  
 
 
The Philippines  

1.  Summary Assessment 

There are a number of concerning issues in the case of the Philippines, including the war on 
drugs,  shrinking  civil  society  space,  attacks  on  human  rights  defenders,  the  possible 
reintroduction  of  the  death  penalty,  and  the  lowering  the  minimum  age  of  criminal 
responsibility. Ongoing dialogue is constructive but more needs to be done. Meanwhile, the 
Philippines made progress in addressing poverty, hunger, and unemployment, and took some 
further measures on environmental protection.  

Priorities 

A  GSP+  monitoring  mission  to  the  Philippines,  which  visited  Manila  and  Cebu,  took  place 
from  27  September  to  4  October  2018.  The  conclusions  from  the  mission  showed  a  mixed 
picture with continuing violations of civil and political rights and some positive developments 
in  the  socio-economic  and  environmental  fields.  During  the  reporting  period  2018-2019, 
monitoring  focused  on  several  priority  areas:  the  war  on  drugs  and  related  extra-judicial 
killings;  human  rights  defenders;  the  possible  reintroduction  of  the  death  penalty;  the 
discussions  on  lowering  of  the  minimum  age  of  criminal  responsibility;  the  end  of 
contractualisation/security of tenure bill; child trafficking; collective bargaining and freedom 
of association; and child labour.  

Human Rights 

Philippine  authorities  have  made  legislative  efforts  towards  further  poverty  reduction, 
including  introducing  a  Universal  Healthcare  Act  (2019)  and  Magna  Carta  for  the  Poor 
(2019). Incidence of poverty is slowly receding. A further example of a positive effort is the 
creation of an implementation plan for the Children’s Emergency Relief and Protection Act to 
tackle child  trafficking. The country’s national  Human Rights Action plan was expected to 
be released by December 2019. Other legislative developments include the Special Protection 
of Children in  Situations of Armed Conflict  Act; the Philippine HIV and AIDS  Policy  Act; 
and the Safe Streets, Workplaces, and Public Spaces Act, which entered into law in 2019. 

However, several areas of concern remain. Notably, the possible reintroduction of the death 
penalty  for  drug  offences  under  the  18th  Congress  would  be  a  worrying  development. 
Reinstatement  of  the  death  penalty  would  constitute  a  violation  of  the  Second  Optional 
Protocol  to  the  International  Covenant  on  Civil  and  Political  Rights  (ICCPR),  which  the 
Philippines ratified in 2007.  

Similarly, a draft bill reducing the age of criminal responsibility from 15 to 12 years would, 
if  passed,  go  against  international  standards,  as  well  as  recommendations  and  general 
comments  of  the  Committee  on  the  Rights  of  the  Child.  Moreover,  lowering  the  age  of 
criminal responsibility to 12 would be against the intention and spirit of the Convention of the 
Rights of the Child, since states are obliged to take into account the maturity and best interests 
of a child.  

1 

 
 
 
 
 
 
Persistent ongoing concerns since the last GSP report are the reports of thousands of  extra-
judicial  killings  of  people  allegedly  involved  in  drug  trade  and  use  and  the  lack  of  proper 
investigation;  as well as  sustained attacks on  human  rights  defenders,  political  opponents, 
members of the clergy, journalists, trade unionists, environmental defenders, and indigenous 
people.  

Labour Rights 

The  veto  by  the  President  of  a  security  of  tenure  bill  came  as  a  surprise  as  the  bill  was 
considered to be key policy to tackle abuse of labour contractualisationSeveral legislative bills 
to  align  national  labour  legislation  with  the  International  Labour  Organisation  (ILO) 
Conventions on collective bargaining and freedom of association are still pending adoption. 
In  practice,  challenges  remain  in  tackling  anti-union  discrimination  and  violence  and 
regulating  the  practice  of  contractualisation.  Given  the  high  levels  of  informal  work,  it  is 
essential to adopt legislation to bring people from the informal to the formal economy and to 
ensure their fundamental rights at work.  

Child  labour  also  remains  an  area  where  more  progress  is  necessary.  There  is  still  no 
comprehensive identification and analysis of the challenge, given that the results of the pilot 
child  labour  survey  have  not  been  processed  yet.  In  addition,  there  is  a  need  to  establish  a 
National  Child  Labour  Committee to  ensure an  overall mechanism to  monitor the measures 
taken to fight child labour. 

Some progress was noted in the efforts to establish and improve the functioning of tripartite 
structures and social dialogue, and the strengthening of the labour inspectorate. Nonetheless, 
efforts to improve enforcement and monitoring need to be sustained. 

Environment 

While  the  Philippines  faces  serious  environmental  challenges,  the  authorities  have  made 
further  efforts,  especially  in  the  protection  of  biodiversity  and  endangered  species. 
Legislation  on  Expanded  National  Integrated  Protected  Area  Systems  for  biodiversity 
conservation  was  adopted  in  2018,  followed  by  related  implementing  rules.  Under  the 
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 
the  Philippines  supported  new  listings  of  endangered  species  in  the  area.  While  controlling 
hazardous  waste  shipments  remains  a  challenge,  authorities  have  had  some  success  in  this 
area.  

Good Governance 

The fight against corruption is a priority for the current Government. There have been further 
legislative  efforts  to  tackle  widespread  corruption  and  a  reduced  societal  tolerance  towards 
corrupt  individuals.  In  the  area  of  drug  control,  the  International  Drug  Control  Board  has 
expressed serious concern at the country’s ‘war on drugs’, the related reports of extra-judicial 
killings, and the intentions to use the death penalty for drug-related crimes.  

Status of ratification and reporting 

The Philippines maintained ratification of all 27 GSP+ Conventions. The country fulfilled its 
reporting  obligations,  albeit  with  some  delays,  except  under  one  human  rights  convention 
(International Convention on the Elimination of All Forms of Racial Discrimination - CERD). 
According to the Government the report was expected by the end of  2019. There were also 

2 

 
 
  
delays  for  four  environmental  conventions:  CITES,  UN  Framework  Convention  on  Climate 
Change (UNFCCC), Cartagena Protocol on Biosafety, and the Stockholm Convention. 

2.  Recent Developments 

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. Mid-term Parliamentary elections that took place in May 2019 gave him an even 
more comfortable majority in Congress. Moreover, the President's allies won most of the seats 
in  the  Senate  of  the  Philippines,  ensuring  a  smoother  interaction  between  him  and  the 
legislative branch for the second half of his term. 

In 2018, the Philippines (population 104 million) recorded the third highest economic growth 
(6.2%) in  the region1. The Philippines made further progress  in  addressing poverty, hunger, 
and  unemployment,  and  remains  on  the  upward  track  in  terms  of  macro-economic  policy 
indicators.  Economic  reforms  are  indeed  having  an  effect:  official  unemployment  figures 
continue to fall (from 7.0 % in 2014 to 5.6% at end 2018). The country is close to reaching  
upper  middle  income  status,  which  is  the  target  set  by  the  Government  in  its  long  term 
development  agenda  AmBisyon Natin 2040. Nevertheless, incidence of hunger remains high 
(9.5%);  and  the  Philippines'  export-oriented  sector  remains  weak  and  dependent  on  a  few 
countries and sectors. 

Bringing  peace  to  the  conflict-ridden  parts  of  the  country  through  the  Mindanao  Peace 
Process (MPP) and rounds of peace talks with the Communist Party of the Philippines (CPP), 
the New People's Army (NPA) as well as the National Democratic Front (NDF) has been an 
important  component  of  the  agenda  of  the  Duterte  administration.  As  far  as  the  MPP  is 
concerned, the Bangsamoro Organic Law (BOL) was signed by President Duterte on 27 July 
2018 and was submitted to plebiscite in two phases on 21 January and on 6 February 2019. 
This was the culmination of a peace process which started in 1997 between the Government 
of the Philippines and the Moro Islamic Liberation Front (MILF), the main Bangsamoro rebel 
group in Muslim Mindanao.  

The conduct of the two phases of the plebiscite led to the ratification of the BOL, the creation 
of  the  Bangsamoro  Autonomous  Region  in  Muslim  Mindanao  (BARMM),  the  consequent 
abolition  of  the  Autonomous  Region  in  Muslim  Mindanao  (ARMM),  as  well  as  a  limited 
territorial expansion of the autonomous region. The creation of BARMM can be considered a 
significant  milestone  in  the  history  of  the  Philippines  and  a  step  towards  lasting  peace, 
sustainable  development  and  prosperity  in  this  region.  The  ongoing  period  of  transition  is 
certainly critical, but also presents an opportunity for all actors, national and international, to 
work in  a constructive spirit in order to lay down a solid foundation for political, economic 
and social  stability in  Mindanao. Martial  law was declared by President Duterte on 23 May 
2017  for  the  whole  island  of  Mindanao  in  response  to  attacks  by  ISIS-affiliated  terrorist 
groups  in  the  city  of  Marawi  and  has  been  extended  by  the  Senate  and  the  House  of 
Representatives until the end of 2019. 

Violent  conflicts  in  the  Philippines  continue  to  have  a  negative  impact  on  human  rights,  in 
particular in indigenous  communities and cause population displacement (for Marawi alone, 
at least 66 000 people have been displaced according to UN statistics). During the reporting 

1 After China and Vietnam. 

3 

 
 
 
                                                 
period,  several  terrorist  attacks  took  place  and  the  risk  emanating  from  violent  extremist 
groups in the country has been growing. 

The  Philippines'  withdrawal  from  the  International  Criminal  Court,  declared  on  17  March 
2018,  took  effect  on  17  March  2019,  adding  to  negative  developments  regarding    the  fight 
against impunity. 

EU – Philippines Bilateral Development Cooperation 

A new Mindanao Peace and Development Programme (MinPAD) will be the main EU 
contribution to supporting inclusive growth and strengthening the peace building process 
in Mindanao. An overall amount of € 60 million has been earmarked for MinPAD. It will 
support the Mindanao peace and development road map and support peace-building at a 
grass root level, in the form of more jobs and improved livelihoods all over Mindanao for 
the populations that have been affected by years of conflict and neglect. The programme 
aims  to  contribute  to  achieving  lasting  peace  and  community  resilience  through  early 
recovery, relief, and rehabilitation.  

Under component I (Support for Peace and Development) of MinPAD, the programme 
will  further  strengthen  the  implementation  of  the  Government  road  map  to  peace  for 
Mindanao  by  supporting  good  governance,  confidence  building  among  diverse  groups, 
expansion of networks for dialogue, and recovery from the immediate effects of conflict. 
EU contribution to a multi-donor trust fund is also foreseen. 

Under component II (Support to Inclusive Economic Growth and Job Creation), the 
programme will use the cooperatives network for improving the services delivered to the 
farmers  and  create  added  value.  It  will  contribute  to  rehabilitate  the  infrastructure 
networks and market access and will provide a better environment for the private sector 
to flourish.  

3. EU –Philippines Trade and GSP 

The  Philippines  is  a  member  of  the  Association  of  Southeast  Asian  Nations  (ASEAN)  and 
thus a party to the ASEAN Free Trade Area and to the five regional Free Trade Agreements 
(FTAs)  that  ASEAN  has  concluded  with  six  countries  (China,  South  Korea,  Japan,  India, 
Australia and New Zealand), and also has a bilateral FTA with Japan. An FTA with European 
Free Trade Association (EFTA) countries entered into force in 2018. Negotiations with South 
Korea for a bilateral FTA are on-going. 

The OECD's FDI Regulatory Restrictiveness Index highlighted that the Philippines is still one 
of  the  most  restrictive  countries  to  Foreign  Direct  Investment  (FDI).  FDI  to  the  Philippines 
was  lower  in  2018  than  2017  and  the  influx  from  traditional  investors  (EU,  US,  Japan) 
fluctuates and is not aligned with the economic growth. The Philippines account only for 3-4 
%  of  all  EU  FDI  to  the  ASEAN  region.  Still,  the  EU  is  the  largest  foreign  investor  in  the 
Philippines, with investments of over € 13.8 billion in 2017. 

The  country's  overall  trade  performance  was  modest  in  2018.  Philippine  exports  grew  at  a 
slow pace, while the trade deficit widened significantly. Exports go to a few countries (Japan, 
China, US, and the EU) and cover a small number of products/sectors (electronics, business 
processing outsourcing).   

4 

 
 
 
 
 
As for the EU, in 2018, total bilateral trade amounted to €15.4 billion, from €14.2 billion in 
2017,  making  it  the  EU’s  40th  trading  partner.  Trade  in  services  was  worth  €4.8  billion  in 
2017 (€ 317 million surplus for the Philippines).  

The Partnership and Cooperation Agreement (PCA) between the EU and the Philippines was 
approved by President Duterte in 2017, ratified by the Philippine Senate in January 2018, and 
entered  into  force  in  March  2018.  The  PCA  establishes  a  comprehensive  framework  for 
bilateral  cooperation  in  a  vast  array  of  policy  areas  (political  to  economic,  trade,  security, 
development, research, etc.) and further foresees cooperation on human rights, thus providing 
an institutional framework for engagement on all human rights issues on a regular basis. The 
first Joint Committee is expected to convene by early 2020. 

Figures  1-3  below  describe  the  Philippine’s  utilisation  of  GSP+  in  the  context  of  the  EU's 
overall imports from the country2. 

The  Philippines  has  slowly  increased  its  use  of  GSP+  preferences,  reaching  26%  of  total 
exports to the EU in 2018. However, the GSP+ utilisation rate of the Philippines (i.e. the use 
of GSP+ compared to all GSP+ eligible imports) was 74%. (see figure 1). Philippine exports 
benefit from the enhanced access to the EU market under GSP+ (22% growth from 2015 to 
2018),  particularly  products  like  coconut  oil,  preserved  tuna,  bicycles,  pineapple  products, 
fruit jams, and some garments and footwear. The Philippines' main exports to the EU under 
GSP+ are relatively diversified, with significant portions of animal or vegetable oils and fats, 
electrical equipment, and foodstuffs.  

Source for all statistics: Eurostat data as of September 2019. 

Figure 1: Imports to the EU 2016-2018 – GSP+ utilization rate 

2 GSP-statistics only cover goods imported in the EU market, i.e. goods released for free circulation in the EU. 
The GSP statistics do not cover other EU-imports, like goods imported for the customs inward processing 
procedure or re-imports after the customs outward processing procedure 

5 

Philippines - imports to the EU 2016-2018 (M€)201620172018trend 2016-2018Total imports6306.77241.97490.418.8%GSP+ eligible2361.82620.12618.110.8%GSP+ preferential1681.51937.61914.813.9%Utilisation rate71.2%74.0%73.1%2.7% 
 
 
 
 
                                                 
Figure 2: Imports to the EU 2016-2018 by regime 

Figure 3: Product Diversification of GSP+ Preferential Imports, 2018 

Philippines GSP imports to EU 

S-03 animal and veg oils

S-16 electrical equip

S4a preparations of meat, fish

S-04b food preparations

S-06b chemicals, oils

S12a footwear

S-18 optical instr

S-11b apparel and clothing

S20 furniture and toys

other

0%

5%

10%

15%

20%

25%

30%

6 

 
 
 
 
 
 
 
 
 
 
 
4. Compliance with GSP+ Obligations 

4.1  UN Human Rights Conventions  

In  a  resolution  on  the  human  rights  situation  in  the  Philippines  adopted  at  the  forty-first 
session  of  the  Human  Rights  Council  (HRC)  in  2019,  the  HRC  expressed  ‘concern  at  the 
allegations of human rights violations in the Philippines, particularly those involving killings, 
enforced disappearances, arbitrary arrest and detention, the intimidation and persecution of or 
violence against members of civil society, human rights defenders, social activists, indigenous 
peoples, journalists, lawyers and members of the political opposition, and restrictions on the 
freedoms of opinion and expression, peaceful assembly and association’3.  

On the occasion of the adoption of this resolution, the EU reiterated its concerns on the human 
rights  situation in  the Philippines, including the high death  toll and the severe  conditions  in 
detention associated with the campaign against illegal drugs and called for prompt, effective, 
impartial and transparent  investigations of all  cases of death.  In the  run-up to  the forty-first 
session  of  the  HRC,  11  UN  Special  Rapporteurs  stated  that  they  ‘recorded  a  staggering 
number of unlawful deaths and police killings in the context of the so-called war on drugs, as 
well  as  killings  of  human  rights  defenders’  and  that  ‘very  few  independent  and  effective 
investigations have taken place’4. 

The Philippines is a member of the HRC for the period 2019-2021. The Government has not 
invited  any  UN  Special  Rapporteur  since  2016,  but  is  considering  inviting  some  special 
procedures in 2020  (leprosy and human rights obligations relating to the enjoyment of a safe, 
clean, healthy and sustainable environment). 

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

During its 95th session in May 2018, the Committe on 
the  Elimination  of  Racial  Discrimination  issued  a 
decision  that  ‘indigenous  peoples  and  human  rights 
defenders  must  be  removed  from  a  list  of  more  than 
600  individuals  alleged  to  be  affiliated  with  terrorist 
organizations’ 5  in  the  Philippines.  Acting  under  its 
Early  Warning  and  Urgent  Action  Procedures,  the 
Committee expressed its concerns on the court petition 
by the Philippines State Prosecutor seeking to  declare 
the  Communist  Party  of  the  Philippines  and  the  New 
People’s  Army  as  terrorist  organisations  and  the 
compilation  of  a  related  list  of  600  individuals.  A 
Manila court ordered the Department of Justice to trim 
down  the  list  on  27  August  2018,  thereby  removing 
many  names,  including  that  of  the  UN  Special 
Rapporteur on the rights of indigenous peoples.  

for 

Police 

and  well-being 
peoples.[2] 

In  March 
in 
2018, 
Zamboanga  set  up  an  indigenous 
peoples'  desk  covering  Western 
Mindanao 
the 
responsible 
protection  and  promotion  of  the 
of 
interests 
indigenous 
The 
Indigenous  Navigator  provides  a 
indicators 
comprehensive 
framework  and  set  of  tools  for 
indigenous 
to 
systematically  monitor  the  level  of 
recognition  and  implementation  of 
their  rights.  It  is  funded  by  the  EU 
and implemented by the ILO. 

peoples 

3 Resolution adopted by the Human Rights Council  on 11 July 2019, Promotion and protection of human rights 
in the Philippines https://undocs.org/A/HRC/RES/41/2 
4 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24679&LangID=E 
5 https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23084&LangID=E 

7 

 
 
 
                                                 
 An Indigenous Peoples' Rights Act, creating a National Commission on Indigenous Peoples, 
was  promulgated  in  1997.  However,  indigenous  peoples  report  that  they  continue  to  suffer 
from  social  discrimination,  economic  marginalisation,  and  political  disempowerment.  These 
concerns  have  been  reiterated  by  the  Observatory  for  the  Protection  of  Human  Rights 
Defenders  in  their  report  of  February  2019,  highlighting  that  indigenous  human  rights 
defenders are particularly at risk in the Philippines. Since the implementation of martial law 
in Mindanao in May 2017, human rights abuses against the Lumad peoples, reportedly have 
continued. Indigenous communities are accused of being sympathisers of the communist party 
and actively supporting the insurgency.  

International Covenant on Civil and Political Rights (ICCPR) 

The ‘war on drugs’ with reports of thousands of extra-judicial killings remains of concern. In 
a joint statement6 of 11 UN special procedures on 11 June 2019, UN experts expressed their 
concern over the high number of killings which are being carried out across the country in an 
apparent climate of official, institutional impunity. They stressed that, in many incidents the 
alleged  perpetrators  of  killings  are  members  of  the  armed  forces,  paramilitary  groups,  or 
individuals linked to them. 

The fight  against illegal  drugs  and drug related  crimes is  a key  priority of the Government, 
motivated  by  a  drug  addiction  problem  alleged  to  threaten  national  security 7 .  The 
Government,  through  the  Philippine  Drug  Enforcement  Authority,  also  publishes  statistics 
related  to  the  number  of  operations  and  surrenderers.8 According  to  these  statistics,  5,425 
persons died in anti-drug operations from 1 July 2016 to 30 April 2019. 

Claims  by  the  Government  regarding  the  conduct  of  the  fight  against  illegal  drugs  stand  in 
stark contrast to assessments by national and international actors9. Verifiable and independent 
figures do not  exist. In January 2017, the Government claimed that more than 7,000 people 
had  died  in  the  war  on  drugs.10 In  December  2018,  the  Philippines  Commission  on  Human 
Rights (CHR) reported that the death toll could be as high as 27,000.11   

In  addition,  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. The only known  case with  criminal  sanctions was  that of the killing of a 
minor in one of the cities in Manila12. To deal with the large number of drug related cases, the 

6 Concluding observations of the Committee on Economic, Social and Cultural Rights 
on the combined fifth and sixth periodic reports of the Philippines 11 October 2016 
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fPHL%2fC
O%2f5-6&Lang=en 
7 According to the Government there are 4 million drug users, although the Drug Enforcement Agency had 
previously estimated a figure of 1.8 million. 
8 DFA – Diplomatic Briefing on Human Rights-Related Issues – 3 June 2019. 
9 See '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. 
10 Michael Bueza, “IN NUMBERS: The Philippines’ ‘War on Drugs’,” Rappler, 21 January 2017. 
https://www.rappler.com/newsbreak/iq/145814-numbers-statistics-philippines-war-drugs 
11 https://news.abs-cbn.com/focus/12/05/18/chr-chief-drug-war-deaths-could-be-as-high-as-27000 
12 Report by the International Criminal Court on preliminary findings dated 5 December 2019, page 65, 
https://www.icc-cpi.int/itemsDocuments/191205-rep-otp-PE.pdf . This report also states that other information 
available suggests that many killings by unidentified assailants took place in the context of, or in conncection to, 
the Government's anti-drug campaign. 

8 

 
                                                 
Supreme  Court  has  authorised  965  national  courts  across  the  country  and  an  additional  240 
courts to handle drug cases.  

In  December  2017,  the  Supreme  Court  ordered  the  release  of  all  Oplan  Tokhang  (war  on 
drugs)  reports  of  the  Philippine  National  Police  (PNP).  Earlier,  the  high  court  ordered  the 
Office  of  the  Solicitor  General  to  release  all  Oplan  Tokhang  police  reports  to  human  rights 
groups and relatives of those killed, allegedly for resisting arrest or fighting back during drug 
operations. The Office of the Solicitor General (OSG) filed an appeal against this decision in 
January  2018;  the  appeal  was  denied.  Some  documents  have  been  released  following 
negotiations between the Solicitor General and the Supreme Court.  

Extra-judicial killings are not a new phenomenon in the Philippines and they 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.  House  Bill  No  9199  or  the  Human  Rights 
Defenders  Protection  Bill  was  approved  on  third  and  final  reading  in  the  House  of 
Representatives but was not enacted into law in the 17th Congress, in place until 4 June 2019. 

Although a national law against enforced disappearance is already in effect, the Philippines 
has  not  signed  the  UN  Convention  for  the  Protection  of  all  Persons  from  Enforced 
Disappearance13.  Under  Executive  Order  35  of  2012,  a  Technical  Working  Group  has  been 
mandated 
to  examine  alleged  extra-judicial  killings,  media  killings,  and  enforced 
disappearances. A Task Force “USIG” has also investigated such cases. Experts consider 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  latest  data  from  the  United  Nations 
Working Group on Enforced or Involuntary Disappearances (UNWGEID) on the Philippines 
shows  625  unresolved  cases  of  enforced  disappearances  as  of  May  2018.14 The  Philippine 
Government  has  formally  asked  the  UNWGEID  to  delist  these  625  cases  of  enforced 
disappearances,  which  are  mainly  attributed  to  Government  forces  between  1975  to  2012. 
Human rights advocates and families of the disappeared considered the request an ‘insult’ and 
strongly objectionable.15 

The high number of killings and the related culture of impunity have led to a decline of the 
Philippines’ status on international rankings. In the 2018 Global Impunity Index16, the country 
was listed as having the 5th highest impunity level among the 69 countries investigated around 
the world.17 However, its rating improved in comparison with 2017, when it was on the first 
place. The Philippines participates in the UNESCO's impunity and accountability mechanism. 
Equally worrying is the Philippines ranking in the World Justice Project (WJP) Rule of Law 
Index 2019, where the Philippines remains among the lowest ranking countries, ranking 90th 
out of 126. In the 2017 to 2018 index, the country took 88th place out of 113 countries. The 
country also placed at the bottom of the roster for East Asia and the Pacific region, ranking 

13 National Law against enforced disappearances is Republic Act 10353 of December 2012 
14 UN Document A/HRC/39/46, available from:  https://documents-dds-
ny.un.org/doc/UNDOC/GEN/G18/236/81/PDF/G1823681.pdf 
15 http://freejonasburgosmovement.blogspot.com/  
16   https://cpj.org/reports/2018/10/impunity-index-getting-away-with-murder-killed-justice.php 
It calculates the number of unsolved murders over a 10-year period as a percentage of each country's population 
17 https://www.udlap.mx/cesij/files/IGI-2017_eng.pdf  

9 

 
                                                 
13th out of 15, ahead only of Myanmar and Cambodia. It ranked 14th out of 30 among lower 
middle income countries.18 

The current Secretary of the Department of Justice has expressed a commitment to strengthen 
Administrative  Order  35  as  a  mechanism  to  facilitate  a  more  effective  handling  of  cases  of 
extra-judicial killings.   

In 2018, President Duterte signed Executive Order 70 creating the National Task Force to End 
Local Communist Armed Conflict (NTF). Following the Order, 2019 has seen an increase in 
‘red  tagging’,  where  authorities  affiliate  individual  groups  and  organisations  with  the 
communist insurgency. The Securities and Exchange Commission (SEC) is also used to fight 
alleged terrorism. SEC has released a Memorandum (Memo No. 15, Series 2018, Guidelines 
for  the  protection  of  SEC  Registered  Non-Profit  Organizations  (NPOs)  from  Money 
Laundering and Terrorist Financing Abuse (‘NPO Guidelines’) which will have an impact on 
the work of human rights NGOs. The aim of the Guideline is to protect NPOs (i.e. CSOs and 
NGOs) from being used as conduits for terrorist financing19. However, CSOs, especially those 
who are critical of the Government, see this as a maneuver of the State to curtail their freedom 
of association and freedom of expression20.  

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. Despite the introduction of Administrative Order No. 1 in October 
2016, which created  the ‘Presidential Task Force on  violations of the Right to Life, Liberty 
and Security of the Members of  the  Media,’  there  is  little  evidence  that  the  task  force  
has actively pursued cases of attacks on journalists. The Observatory delegation was unable 
to  obtain  any  information  directly  from  the  Task  Force,  as  its  numerous  requests  for  a 
meeting went unanswered.21  

Impunity related to  the  killing  of  journalists remains a concern. The Philippine Center for 
Investigative Journalism notes that of the 156 cases of journalists killed since 1986, only 17 
were partly resolved.22 The latest numbers point to 12 journalists who were killed as a result 
of their work between July 1, 2016 and October 31, 2018.23 Reporters Without Borders (RSF) 
reported four journalists killed in line of work in 2017. It classifies Philippines as one of the 
five deadliest countries for journalists (in 2018 it is no. 6). The 2019 World Press Freedom 
index is also downgrading the Philippines, at place 134 out of 180 (compared to 133 in 2018 
and  127  in  2017)  24 .  Meanwhile,  one  of  the  two  major  broadcasting  networks  in  the 
Philippines was threatened by President Duterte that their franchise to broadcast in radio and 
television due in March 2020 will not be renewed. The Philippine Congress ensured that due 
process would be upheld and fair deliberations would be done in the legislative hearings.25  

18 https://worldjusticeproject.org/sites/default/files/documents/WJP-ROLI-2019-Single%20Page%20View-
Reduced_0.pdf   
https://news.abs-cbn.com/news/03/02/19/ph-improves-ranking-but-still-among-lowest-in-world-rule-of-law-
index 
19 http://www.sec.gov.ph/mc-no-15-s-2018guidelines-protection-sec-registered-non-profit-organizations-
money-laundering-terrorist-financing-abuse-npo-guidelines-date-posted-09-november-2018/  
20 https://hronlineph.com/2019/05/15/statement-reported-revocation-of-pahra-sec-registration-a-gag-order-
idefend/  
21 https://www.omct.org/files/2019/02/25257/philipppines_hrd_report_2019.pdf 
22 https://pcij.org/blog/2018/05/03/speak-truth-to-power-keep-power-in-check 
23 https://pcij.org/stories/case-files-the-12-journalists-killed-under-the-duterte-administration/ 
24 https://rsf.org/en/philippines 
25 https://www.rappler.com/nation/246399-house-not-tackle-abs-cbn-franchise-renewal-bill-2019-anymore 

10 

 
                                                 
In  June  2019,  the  Senate  was  reported  to  push  amendments  to  the  Human  Security  Act  or 
Republic  Act  9372  aiming  to  enlarge  an  overly  broad  definition  of  terrorism,  but  did  not 
succeed  within  the  17th  Congress.  The  amendments,  if  passed,  would  remove  human  rights 
safeguards  and  accountability  for  potential  violations  on  arbitrary  arrest,  torture,  arrest 
without  a  warrant,  and  privacy.  The  bill  to  include  libel  as  a  terrorist  crime  also  did  not 
materialise in the recently concluded Congress. 

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,  which  has  not  been  approved  by  the  Philippine 
Senate,  but  has  been  reintroduced  in  the  18th  Congress.  Reinstatement  of  the  death  penalty 
would constitute a violation of the ICCPR's Second Optional Protocol (no withdrawal option), 
which the Philippines ratified in 2007.26  

A further  area of concern is related to the public pronouncement by President Duterte to ban 
the  use  of  vape  and  e-cigarette  in  public  places,  instructing  police  officers  to  make  arrests 
without an Executive Order. Duterte then asked court judges not to meddle in his instruction 
by issuing temporary restraining orders.  The  Integrated  Bar of the Philippines reiterated the 
separation of powers stated in the 1987 Philippine Constitution.27  

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

Despite economic growth, poverty remains a challenge with 5.1% of the population living in 
extreme poverty. The highest proportion of the poor is found in the Bangsamoro Autonomous 
Region of Muslim Mindanao (BARMM).  
In  January  2019,  the  unemployment  rate  was  down  to  5.2%,28 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, locally known as 
Pantawid Pamilya Pilipino Program, or 4Ps, has been put in place and benefitted more than 
4.4  million  households  since  2016. 29 On  17  April  2019,  President  Duterte  signed  Republic 
Act No. 11310 or the Pantawid Pamilyang Pilipino Program, which institutionalises the anti-
poverty measure30 31. In addition, the Magna Carta of the Poor establishing the principle of 
making  Government  services  more  accessible  to  poor  Filipinos  (housing,  education,  decent 
work, health and food) was adopted in April 2019.  

President Duterte's 10 point socio-economic agenda includes measures to address these issues 
and  priorities  for  the  first  three  years  of  the  administration.  However,  the  delay  in  the 
enactment of the 2019 national budget caused interruptions in the delivery of social services 
and  infrastructure  programmes,  such  as  planned  increases  in  the  allocations  for  healthcare, 
education, infrastructure, and science & technology. Overall 38% of the budget is allocated to 

26 http://www.ohchr.org/Documents/Countries/PH/OpenLetterHC_DeathPenalty.pdf  
27 https://cnnphilippines.com/news/2019/11/21/Duterte-vaping-ban-
judges.html?fbclid=IwAR17ep4j3Kzp3rhc9MwOYvosHtCWVD5bruWiVj295PYviZpBFB0tRPLBnq0 
28 https://psa.gov.ph/content/employment-rate-january-2019-estimated-948-percent 
29 https://www.worldbank.org/en/country/philippines/brief/faqs-about-the-pantawid-pamilyang-pilipino-
program 
30 https://www.officialgazette.gov.ph/2019/04/17/republic-act-no-11310/  
31 https://www.worldbank.org/en/country/philippines/brief/faqs-about-the-pantawid-pamilyang-pilipino-
program 

11 

 
                                                 
social  services  (education,  healthcare,  social  welfare),  while  27%  is  allocated  to  economic 
services (infrastructure, agriculture and rural sectors, and jobs and livelihood). 

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  2018  noted  that  the  Government  maintained 
law  enforcement  efforts. 32  During  the  reporting  period,  the  Government  convicted  65  
traffickers. 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  and  assisted  1,476  potential  Filipino  trafficking 
victims in the Middle East, Asia, and Europe.  

One out of four children under five is underweight and one in three children under the age of 
five  is  stunted.33 In  February  2019,  President  Duterte  signed  the  Universal  Healthcare  Act 
(UHC,  Republic  Act  No.11223),  which  automatically  registeres  all  Filipino  citizens  in  the 
National Health Insurance Program, run by PhilHealth (Philippine Health Insurance Corp).34 
The budget for the ambitious project is pegged at P257 billion (€4.4 billion) in the first year.35 
The Healthcare Act  gives 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.  

In line with the health focus of the Government, the Philippines Mental Health Law (Republic 
Act  11036)  was  passed  in  June  2018.  This  regulation  sets  the  path  for  integrating  mental 
health into the country's public healthcare system.  

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

According to the 2018 World Economic Forum's Global Gender Gap Index, 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 (rank 8)36. However, 
according to  the 2018  UNDP  Gender  Inequality index, the country still faces many issues 
reflected in its ranking (97)37.  

The Philippines still suffer from a high rate of  gender-based  violence. However, a positive 
trend  can  be  observed  since  the  enactment  of  the  Magna  Carta  for  Women  (Republic  Act 
9710) that was adopted in 2009 and is considered as the national translation of the CEDAW. 
The Magna Carta has also created a Gender Ombudsman under the Commission on Human 
Rights,  which  specifically  handles  women's  rights  concerns.  In  November  2018,  the 
Commission launched the Gender-based Violence Observatory. 

32 https://www.state.gov/wp-content/uploads/2019/01/282798.pdf 
33 https://www.unicef.org/philippines/media/556/file, p.18. 
34 https://www.who.int/philippines/news/feature-stories/detail/uhc-act-in-the-philippines-a-new-dawn-for-
health-care 
35 https://news.abs-cbn.com/news/02/20/19/health-care-for-all-duterte-signs-universal-healthcare-act 
36 http://www3.weforum.org/docs/WEF_GGGR_2018.pdf 
37 http://hdr.undp.org/en/content/gender-development-index-gdi 

12 

 
 
 
                                                 
The  latest  observations  of  the  UN  Committee  on  the  Elimination  of  Discrimination  against 
Women  regarding  implementation  of  the  CEDAW  are  from  July  2016.  Principal  areas  of 
concern  and  recommendation  included:  ensuring  the  full  implementation  of  the  CEDAW; 
improvements  to  be  made  to  the  legislative  framework  (such  as  amendments  to  the  Family 
Code, the Penal Code, the Anti-Rape Law, the Anti-Sexual Harassment Act and the Code of 
Muslim Personal Laws); access to justice; capacity building for the Philippine Commission on 
Women; fight against gender-based violence and trafficking and exploitation of sex workers; 
participation  in  public  life,  education,  employment,  health;  as  well  as  rights  of  women 
migrant workers. During the 2017 UPR the Philippines accepted the recommendations related 
to sexual orientation and gender.  

In April 2019, a new law criminalising public sexual harassment was signed. However, the 
implementation of the law could face difficulties with the rise of a sexist public discourse that 
degrades and objectifies women. 

Maternal health remains a concern in the Philippines. The United Nations Population Fund 
(UNFPA) reports that more than 11 mothers still die every day of preventable causes, related 
to childbirth and abortion in the Philippines; and for every woman who dies, 20 more suffer 
complications with serious or long lasting consequences.38 This high maternal mortality rate 
can be explained by low rate of births performed by skilled health professionals; by low use 
of contraceptives; and limited access to family planning programmes.  

The  Responsible  Parenthood  and  Reproductive  Health  Law  enacted  in  2014  aims  to  ensure 
people's access to reproductive health services, contraceptives and family planning. The law is 
now  fully  implemented  thanks  to  the  budget  provision  adopted  for  2020.  However,  the  law 
states  that  minors  are  not  allowed  to  access  reproductive  health  services  without  parental 
consent,  thus  encouraging  a  rise  in  teenage  pregnancy.  Moreover,  the  Philippines  face  the 
fastest growing epidemic of HIV in Asia. The number of new infections jumped from 4 400 
in 2010 to 12 000 in 2017 according to UNAIDS. HIV risk among young people within key 
populations is of particular concern: since 2010, new HIV infections in the Philippines among 
young people (aged 15–24 years) increased by 170%.39 

Women's  labour  force  participation  rate  is  lower  compared  to  men  due  to  insufficient 
decent  work  opportunities,  domestic  labour,  care  constraints,  and  social  norms.  Women  are 
more likely to have lower quality employment than men and fewer opportunities of access to 
social  protection.  Women  entrepreneurs  still  face  constraints  including  limited  access  to 
capital  and  credit,  limited  access  to  value  enhancing  inputs,  lack  of  information,  and  high 
transactions costs on development services and credit.  

In  BARMM (Mindanao), the poorest  area of the  Philippines, women  have limited access  to 
education,  health  services,  and  political  participation  and  are  faced  with  vulnerability  to 
violence and trafficking and lack of livelihood opportunities. 

The  Sexual  Orientation  and  Gender  Identity  and  Expression  Equality  Bill  was  adopted  in 
2017 in the House of Representatives, but is unlikley to pass in the Senate. The Bill aims at 
protecting  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. 
While this development is on halt at the federal level, several local laws on this matter passed, 
for example in the city of Mandaluyong in May 2018. 

38 https://philippines.unfpa.org/en/topics/maternal-health-3 
39 https://www.unaids.org/sites/default/files/media_asset/unaids-data-2018_en.pdf  
https://www.unaids.org/en/keywords/philippines 

13 

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

A  National  Preventive  Mechanism  (NPM)  on  Torture  has  yet  to  be  established  in 
compliance  with  the  Optional  Protocol  to  CAT.  Discussions  on  establishing  the  NPM  has 
been  ongoing  since  2008.  The  latest  draft  bill  on  its  establishment  is  still  pending  in  both 
houses40. On 3 September 2018, the Commission on Human Rights (CHR) of the Philippines 
issued a resolution to undertake the role of an NPM and act as an interim NPM in the absence 
of a legal framework. The Sub-committee on the Prevention of Torture (SPT) has stated (last 
in its session 18-22 February 2019) that the self-designation of the CHR as an NPM was not 
considered by the SPT as an act of State and did not satisfy the OPCAT provisions by which 
State Parties had to designate or establish an NPM whose mandate and powers should be set 
in a constitutional or legislative text. 

Mainly  as  a  result  of  the  2002  Dangerous  Drugs  Act  and  of  the  'war  on  drugs',  detention 
facilities  and  prisons  are  increasingly  overcrowded.41 The  Philippines’s  jails  are  currently 
housing  more  than  140,000  inmates  against  their  combined  capacity  of  nearly  20,000,  with 
inmates living in inhumane and degrading conditions.42 Various human rights NGOs maintain 
lists of incarcerated persons they consider to be political prisoners.  

Convention on the Rights of the Child (CRC) 

Over the last reporting period, 29 laws were enacted that relate to child rights protection43: 13 
laws  on  child  protection  (i.e.,  cybercrime,  anti-pornography,  anti-torture,  juvenile  justice, 
trafficking, and foster care); nine laws on education and sports (i.e., basic and early education, 
scholarships, science and technology); four laws on health (i.e., immunisation, breastfeeding, 
and reproductive health); two laws on youth involvement; and one law on the  civil status of 
children.  In  addition,  both  Senate  and  House  of  Representatives  created  special  committees 
related  to  child  rights  protection  and  increased  the  budget  for  child  protection  under  the 
State’s Council for the Welfare of Children (CWC) from P38.3 million (€ 653,000) in 2015 to 
P54.42 million (€ 929,000) in 2017.  

In its contribution to the UPR of the Philippines in 2017, UNICEF pointed out that lowering 
the  age  of  criminal  responsibility  from  15  years  to  9  or  12  years  would  be  an  alarming 
development. It also pointed to the Supreme Court ruling that would deny children under the 
age of 18 years access to reproductive health services, despite the constant increase in rates 
of teenage pregnancy. This trend led to  teemage pregnancy levels comparable to those in the 
1960s.44 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  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.  

40 http://chr.gov.ph/wp-content/uploads/2019/08/CHR-Advisory-on-the-Concluding-Observations-on-the-3rd-
Periodic-Report-of-the-Philippines-on-the-Convention-Against-Torture-CHR-A2019-003.pdf, 3 June 2019 
41  In June 2017, the Commission on Audit estimated that the country's jails were overcrowded by 511%. 
42 http://www.prisonstudies.org/highest-to-lowest/occupancy-level?field_region_taxonomy_tid=All&=Apply 
43 See Annex 3 of the Combined fifth and sixth periodic reports of States parties on the Philippines under the 
Convention on the Rights of the Child for details.  
44 https://www.unicef.org/philippines/media/556/file, p.16.  

14 

 
                                                 
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. The bill 
was  adopted  in  the  lower  house  but  was  not  prioritised  in  the  Senate  (Bill  2198).  The 
proposed legislation might be reintroduced later under the 18th Congress. This Bill would run 
against the recommendation of the Convention on the Rights of the Child General Comment 
24 of 2019, that the minimum age of criminal responsibility be 14 years. 

Conclusions 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. The Commission is also developping a human 
rights action plan. Its approval would contribute to giving a specific agenda and roadmap to 
realise human rights commitments.  

Legislation  to  reform  the  juvenile  justice  system  and  introduce  a  National  Preventive 
Mechanism on Torture, as well as proposals on Anti-Discrimination and a Land Use Bill are 
still pending and expected to be raised before the newly-composed 18th Congress.  

The  possible  re-instatement  of  the  death  penalty  and  the  lowering  of  the  minimum  age  for 
criminal responsibility would be against respectively the Second Optional Protocol to the the 
Convention on Civil and Political Rights and the recommendations and general comments of 
the Committee on the Rights of the Child.  

The  Philippines  has  to  effectively  take  into  consideration  the  recommendations  of  the  UN 
periodic reports regarding implementation of the CEDAW, including the full implentation of 
the Magna Carta of Women. 

Reinforcing the peace process to the conflict ridden parts of the country remains an important 
issue for the Government. 

4.2  ILO Labour Rights Conventions  

Overall,  the  Philippines  has  made  some  progress  in  improving  the  implementation  of 
international labour standards, though some important challenges remain.  

Plans  to  regularise  labour  contractualisation  –  after  long  discussions  over  this  practice’s 
negative impacts on the labour rights – have continued during the reporting period and finally 
the Congress passed a law accordingly. However, following pressure from some stakeholders, 
the  President  vetoed  the  law  and  the  legislative  process  needs  to  start  anew,  which  raises 
further uncertainties on addressing this important challenge, even if discussions on the matter 
are  still  ongoing.  According  to  estimates,  the  share  of  informal  work  is  up  to  38%,  which 
leaves  numerous  workers  outside  labour  protection.  There  has  been  some  progress  made 
through  regularisation  actions  and  preparation  of  new  legislative  framework  for  bringing 
workers into formal employment. It is important that these efforts are sustained and that the 
legislation is adopted.  

15 

 
 
 
Some progress has also been noted in the efforts to establish and improve the functioning of 
tripartite  structures  and  social  dialogue,  and  continuing  to  strengthen  the  labour 
inspectorate.  Nonetheless,  efforts  to  improve  enforcement  and  monitoring  need  to  be 
sustained. 

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

There has been limited progress in this area, despite some positive prospects in the past. The 
challenges remain both in the implementation in practice, related to allegations of anti-union 
discrimination,  as  well  as  on  legislative  aspects,  related  to  the  need  to  amend  national 
legislation to comply with the fundamental ILO Conventions on freedom of association and 
collective bargaining45.  

The ILO supervisory bodies have repeatedly been making observations regarding allegations 
of anti-union violence and the lack of progress in the investigation of such cases, creating an 
atmosphere  of  impunity.  The  violations  are  of  serious  concern,  as  they  affect  the  physical 
integrity  of  trade  union  members  and  activists.  Regrettably,  the  Philippines  has  been 
considered again a country case at the 2019  International  Labour Conference (repeated case 
from  2016),  and  a  direct  contacts  mission  was  requested  at  this  occasion.  In  addition,  the 
Philippines  was  identifyied  as  a  serious  and  urgent  case  at  the  Committee  on  Freedom  of 
Association  during the 2019 October-November  session of the  ILO Governing  Body due to 
allegations on extra-judicial killings of trade union leaders and failure of the Government to 
adequately investigate these cases and bring the perpetrators to justice. 

The ILO had repeatedly requested the Philippines to bring national legislation in line with the 
ILO Convention 87, among others to grant trade union rights to all workers in the country, 
including  foreigners;  reduce  the  excessively  high  requirements  for  registration  of  unions 
and establishment  of federations or national  unions;  and limit  Government  intervention in 
labour disputes. The adoption of this necessary legislation has been pending for several years.  

Monitoring  bodies,  including  tripartite  structures,  tasked  to  deal  with  cases  related  to 
freedom of association and collective bargaining are in place in the Philippines. This has been 
a  positive  element  and  the  Philippines  has  made  some  efforts  to  strengthen  dialogue, 
implementation  and  monitoring  of  labour  rights  cases.  In  January  2018,  the  Operational 
Guidelines  of  the  NTIPC-MB  (National  Tripartite  Industrial  Peace  Council  –  Monitoring 
Body)  and  RTMBs  (Regional  Tripartite  Monitoring  Bodies)  were  adopted.  The  Guidelines 
apply  for  handling  of  cases  at  the  ILO,  labour-related  killings,  violations  of  freedom  of 
association  and  violations  of  Department  of  Labour  and  Employment  –  Philippine  National 
Police – Philippine Economic Zone Authority (DOLE-PNP-PEZA) Guidelines. Currently, the 
operational  guidelines  of  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  (IAC)  are  under  review  to  improve  its  functioning  and  coordination  with  other 
bodies; however, there has been a stall in its functioning. DOLE, 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. Efforts have 
also been made to increase dialogue and monitoring of labour rights in EPZs, although they 
need to be sustained to be able to show real progress in this area.  

45 ITUC 2018 Global Rights Index ranked the Philippines among 10 worst countries on the account of 
intimidation and dismissals, violence and repressive laws. 

16 

 
 
 
 
                                                 
still  need 

Enforcement  capacities 
further 
strengthening,  although  there  has  been  progress 
achieved.  The 
established  Labour  Law 
continues  monitoring 
Compliance  System 
working conditions. Participation of workers’ and 
employers’  organisations  in  labour  inspections 
law  on 
initiated.  Furthermore,  a  new 
was 
occupational safety and health was adopted. 

The  Philippines  continues  to  be  committed  to 
increase financial, technical and human resources 
capacities of the labour inspection. According to 
the  authorities  there  are  around  600  inspectors, 
but  their  capacities  still  need  strengthening. 
Further  work  is  needed  to  improve  the  labour 
inspection system, such as addressing 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 
inspectors  and  permits 
another  200 
self-
voluntary 
undertake 
to 
companies 
assessments of compliance.  

labour 

targeted 

The 
ILO-EU  GSP+  Development 
Cooperation  Project  on  Freedom  of 
Association 
Collective 
and 
Bargaining  (FoACB)  was  operational 
from  May  2017  to  May  2019.  The 
project 
the  promotion  of 
effective  application  of  Freedom  of 
Association  and  Collective  Bargaining 
principles among  government, workers 
and  employers  in  the  Philippines.  The 
project produced the following outputs: 
(1) a National Action Plan on Freedom 
of  Association 
Collective 
Bargaining  (2017-2022);  (2)  Reports 
investigative  and 
on 
monitoring  mechanisms;  (3)  a  FoACB 
Training  Manual  for  Workers;  (4)  an 
Employers’  Toolkit  on  Enhancing 
and  Social 
Compliance  of 
Dialogue 
the 
DOLE  FoACB  E-learning  course  on 
Labour Rights and Standards.  

ILS 
in  MSMEs;  and  (5) 

the  existing 

and 

Abolition of Forced Labour (Conventions 29 and 105) 

The  Philippines  has  sustained  efforts  to  address  human  trafficking  and  exploitation. 
Migrant  workers, who play an important role for the economy, are particularly vulnerable. 
Progress  to  protect  Filipino  migrant  workers  abroad  has  been  made,  notably  through  the 
implementation of legislation on working and living conditions on board commercial fishing 
vessels.  An  integrated  recruitment  integration  system  is  in  preparation  to  ensure  equal  and 
better labour standards and assist employment agencies to improve compliance.  

However, efforts to ensure better and effective enforcement of legislation including thorough 
investigations and prosecutions need to be strengthened. The number of convictions remains 
low. The Philippines has not ratified the ILO Protocol 29 on Forced Labour. 

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

Child  labour  also  remains  an  area  where  more  progress  is  necessary.  There  is  a  need  to 
establish a National Child Labour Committee to ensure a mechanism to monitor the measures 
taken  to  fight  child  labour.  The  2017-2022  strategic  framework  programme  against  child 
labour is in place, focusing on preventative activities and access of working children and their 
families to social protection, health care, and education. Administrative Order No. 142 from 
March  2018  instructed  DOLE  regional  offices  to  conduct  profiling  of  child  workers,  with 
focus  on  the  informal  sector.  There  is  insufficient  information  on  the  training  of  labour 
inspectors on child labour. 

17 

 
 
 
 
 
 
In  April  2018,  President  Duterte  signed  the  Executive  Order  establishing  the  National 
Council Against Child Labour, which would replace and improve the National Child Labour 
Committee.  It  would  be  a  step  to  creating  a  mechanism  to  oversee  the  work  against  child 
labour, with budgetary allocation and secretariat and permanent staff. However, the Council 
still  needs  to  be  formalised.  Efforts  need  to  be  strengthened  to  establish  proper  data  and 
statistics.  There have been initial  steps taken to regularly include child and forced labour in 
labour force surveys. However, the results of the pilot survey on child labour from the Labour 
Force Survey carried out in 2017 are still being processed. 

The  ILO  urged  the  Philippines  to  ensure  special  protection  and  dissuasive  punishment  for 
persons who subject children to hazardous or exploitative conditions, but despite the DOLE 
guidelines on assessing and determining hazardous work in the employment of persons below 
18  years  of  age,  the  number  of  convictions  for  child  trafficking  continues  to  be  low.  In 
February  2019,  The  House  Committee  on  Welfare  of  Children  also  approved  a  bill 
introducing  harsher  penalties  for  child  abuse,  exploitation,  and  discrimination  (House  Bill 
No.9024).  

Equal  Remuneration  and  Elimination  of  Discrimination  (Conventions  100 
and 111) 

Overall,  the  Philippines  is  considered  a  frontrunner  in  the  region  in  promoting  gender 
equality.  In  February  2019,  new  legislation  was  adopted,  which  extends  maternity  leave 
from 60-78 days to 105 days. Nonetheless, women continue to be overrepresented in low paid 
jobs and are less likely to participate on the labour market than men are. Progress would be 
further  facilitated  by  improving  the  effectiveness  of  enforcement  of  the  legislation  and  by 
increasing awareness about antidiscrimination.   

to 

feed 

labour 

Harassment at the workplace and other aspects of 
discrimination  continue  to  be  monitored  through 
the 
law  compliance  system  (LLCS). 
Efforts  need  to  continue  in  the  direction  of  a 
comprehensive  gaps  analysis 
into 
comprehensive,  targeted,  and  timely  policy  or 
legislative  response.  In  the  past  years,  ILO  has 
been  urging 
to  give  full 
the  Government 
legislative  expression  to  the  principle  of  equal 
remuneration  for  men  and  women  for  work  of 
equal  value.  In  the  absence  of  an  overarching 
antidiscrimination 
instrument,  a 
number  of  regulations  prohibiting  discrimination 
exist, which leads to fragmentation. 

legislative 

EU 

INSPIRED+ 
funded 
The 
Philippines  project,  implemented  by 
the Asian NGO Coalition for Agrarian 
and  Rural  Development 
Reform 
(ANGOC) 
to 
February 
from 
December  2018,  focused  on 
land 
reforms  affecting  the  rural  poor: 
farmers  and farm workers, indigenous 
cultural communities, and small fisher 
folk.  Project 
as 
workshops,  roundtables,  and  policy 
dialogues  with  stakeholders  aimed  at 
assessing the status of implementation 
of  three  major  land  and  resource 
tenure  reforms  –  the  Comprehensive 
Agrarian  Reform  Program  (CARP), 
the  Indigenous  Peoples’  Rights  Act 
(IPRA), and the Fisheries Code. 

activities 

such 

The  Philippines  also  continues  to  struggle  with 
the  persistence  of  informal  economy,  which  is 
estimated  to  be  affecting  around  38%  of  the 
workforce.  In  January  2019,  several  draft  laws 
were  consolidated  into  one  comprehensive  legislative  proposal  (Senate  Bill  No.  2175) 
“Magna  Carta  for  Workers,  Enterprises,  and  Organizations  in  the  Informal  Economy”.  The 
proposal aims to translate the ILO Recommendation 204 on transition from informal to formal 
economy.  Its  adoption  would  represent  an  important  step  towards  addressing  vulnerable 

18 

 
 
 
 
employment  and  improving  application  of  labour  rights  for  all  workers.  According  to  the 
authorities, 176,286 workers were regularised between August 2016 and May 2018.  

Conclusions and priorities 

Overall, the Philippines has the institutional, policy and legal frameworks for the application 
of international labour standards. Despite some improvements achieved in strengthening the 
enforcement  and  implementation  capacities,  further  efforts  are  needed  to  ensure  effective 
implementation  of  the  fundamental  ILO  Conventions.  The  follow-up  discussions  on  the 
recently rejected Security of Tenure Act need to remain an absolute priority to address long 
lasting challenges about labour contractualisation.  

Priority  areas  for  monitoring  also  include  adoption  of  long  outstanding legislation  to  align 
with ILO Conventions 87 and 98 and to address violence and anti-union discrimination. The 
Philippines should continue to increase and strengthen the enforcement capacities of labour 
inspectorates  and  improve  measures  against  human  trafficking  and  child  labour.  The  New 
National Child Labour Council needs to be institutionalised. 

There has been a consolidated legislative proposal to define informal economy and formulate 
measures  to  facilitate  transition  of  workers  and  economic  operators  to  formal  economy.  Its 
adoption needs  to  be prioritised. A comprehensive legal framework in  the form of  a law on 
equal employment opportunities for women and men should also be adopted, 

Efforts to improve freedom of association in Special Economic Zones need to be sustained to 
be  able  to  achieve  real  progress.  The  project  implemented  with  the  ILO  initiated  tripartite 
efforts to support dialogue, which should be pursued towards the creation of the appropriate 
mechanisms to address labour issues. 

4.3  UN  Conventions  on  Environmental  Protection  and 

Climate Change  

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

The Philippines’ legislation is still classified under 'Category 2', but discussions are ongoing 
with the CITES Secretariat to obtain 'Category 1' status46. The Philippines is one of the mega-
diverse countries in the world47. 
In  October  2018,  during  its  70th  meeting,  the  Standing  Committee  to  the  CITES  decided  to 
release the Philippines, among other countries, from a process  whereby they must report on 
steps  taken  to  address  their  roles  in  illegal  ivory  trade.  Exit  was  granted  based  on  the 

46 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 
47 For details, please refer to the biennial report for 2016-2017, SWD(2018) 32 final of 19.1.2018 

19 

 
                                                 
favourable  submissions  made  by  the  countries  themselves,  without  the  need  for  an 
independent verification mechanism48. 

In  2018,  Philippines  pilot  tested  the  CITES  Electronic  Permitting  and  Management 
Information System (CEPMIS) in the National Capital Region to assess the effectiveness and 
functionality of the system. This is part of the country’s adherence to the CITES. 

In August 2019, at the CoP 18 in Geneva, the Philippines supported many of the EU’s listing 
proposals.  In particular, the Philippines proposed the listing of the Tokay gecko in Appendix 
II. 

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

Convention on Biological Diversity (CBD) 

The  Philippines  has  consistently  met  the  requirements  of  the  CBD,  although  the  trend  in 
biodiversity  loss  in  the  country  remains  worrying. 49  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  has  identified  a  number  of  actions  necessary  to  address  the  threats  to 
biodiversity,  among  them  direct  actions  (restoration  of  ecosystem  functions,  promotion  of 
biodiversity-friendly  livelihoods,  and  strengthening  law  enforcement)  and  enabling  actions 
research, 
(communication,  education  and  public  awareness,  capacity  development, 
strengthening  policy,  promotion  of  biodiversity-friendly 
resource 
technology,  and 
mobilisation).  

Republic  Act  11038,  otherwise  known  as  Expanded  National  Integrated  Protected  Area 
Systems (ENIPAS) Act of 2018 ,was signed into law on 22 June 2018. Salient provisions of 
the  Act  include  the  provision  for  scientific  and  technical  support  for  biodiversity 
conservation; delineation and demarcation of boundaries; deputation of support especially on 
enforcement to the Protected Area Superintendent (PASu); regular reporting on the status of 
the Integrated Protected Area Fund (IPAF); and allocating 75% of all revenues raised to the 
Protected  Area  Management  Board  (PAMB).  It  also  prohibits  the  use  and  possession  of 
destructive fishing gear within the protected seascape.  

48 SC70 Document 27.4 p.10 
49 For details, please refer to the biennial report for 2016-2017, SWD(2018) 32 final of 19.1.2018 

20 

 
                                                 
Stockholm Convention on Persistent Organic Pollutants 

In the reporting period, there have been no notable developments in the implementation of the 
Stockholm Convention50. 

Cartagena Protocol on Biosafety 

In the reporting period, there have been no notable developments in the implementation of the 
Cartagena Protocol51. 

Conventions on Climate Change 

to 

out 

procedures 

to  Sustainable  Energy 
The  EU's  Access 
Programme  (ASEP)  contributes  to  climate  change 
mitigaiton  and  it  is  the  first  EU  development 
cooperation programme  on energy in the Philippines 
(€  60  million).  The  programme  provides  advice  on 
policy  making  and  delivers  solutions  on  rural 
electrification in  remote areas,  energy  efficiency  and 
labelling, subsidising solar home systems, solar farms 
and  a  pre-paid  metering,  and  provides  grants  to 
innovative business solutions linked to productive use 
of these technologies. The project has been extended 
until December 2021-2022. 

With regard to the implementation of 
the  Montreal  Protocol,  the  measures 
ozone-depleting 
to 
phase 
substances  are 
the 
line  with 
in 
provisions  of  the  protocol  and  no 
are 
non-compliance 
pending.  The  Philipppines  was 
planning 
the  Kigali 
ratify 
amendment of the Montreal Protocol 
by  mid-2018,  but  it  is  still  pending. 
The Government is, however, clearly 
committed 
progress 
and 
towards 
implementation  of  an  ambitious 
multi-sector Nationally Determined Contribution (NDC) that would allow the Philippines to 
improve  alignment  of  the  National  Climate  Change  Action  Plan  (2011-2028)  with  the  new 
climate regime under the Paris Agreement. According to its Intended Nationally Determined 
Contribution  (INDC),  submitted  in  October  2015  prior  to  the  conclusion  of  the  Paris 
Agreement,  the  Philippines  intended  to  reduce  greenhouse  gas  emissions  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,  this  is  a  conditional  target 
subject to international support. 

to 
development 

ensure 

Meanwhile, since July 2018 the Philippines has engaged the NDC Partnership Facility as an 
internantional facilitator to harmonise, coordinate, and better target ongoing and prospective 
international support in priority areas of climate action. On 12 November 2018, a consolidated 
response from partners (including EU Delegation) to request  for support put forward by the 
Government  to  international  partners  was  sent  to  the  Climate  Change  Commission.  An 
unconditional commitment is currently under discussion by the Climate Change Commission 
with Government departments and the INDC is under revision with a view for developing the 
1st NDC to be submitted to the UNFCCC before the end of 2019 with an enhacement of the 
the  Mitigation  component.  Announcements  on  continuous  support  for  coal  based  electricity 
generation and increasing coal fired capacity, however, add uncertainities on the robustness of 
the Philippines NDC commitments. 

50 Please refer to the biennial report for 2016-2017 for more background information, SWD(2018) 32 final of 
19.1.2018 
51 Please refer to the biennial report for 2016-2017 for more background information, SWD(2018) 32 final of 
19.1.2018 

21 

 
                                                 
Conclusions and priorities 

During the reporting period 2018-2019, 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  supported  the  EU  at  CoP18  for  new  listings  of 
endangered species. The country made progress on tackling illegal ivory trade.  

The  Philippines  has  ratified  the  Paris  Agreement  and  has  taken  measures  to  address 
environmental and climate change challenges. In this context, the NDC implementation once 
completed will be a pivotal tool to raise ambition and mainstream mitigation and adaptation 
in public policies at all levels. However, effective implementation may be under threat since 
the  Philippines  is  a  fast  growing  country  with  consumption  and  production  increasing 
rapidly. A strengthened dialogue with the Government and  other stakeholders is necessary to 
facilitate an environmentally friendly growth agenda. 

4.4  UN Conventions on Good Governance  

International Drug Control Conventions  

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 
International Narcotics Control Board (INCB)'s attention52. 

In  August  2017,  the  INCB  issued  a  statement  calling  on  the  Government  to  issue  an 
immediate and unequivocal  condemnation  and denunciation  of extra-judicial actions against 
individuals  suspected  of  involvement  in  the  illicit  drug  trade  or  of  drug  abuse,  to  put  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  also  brought  to 
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.53 

In November 2018, on the issue of capital punishment, the INCB felt compelled as part of the 
greater  United  Nations  family  to  draw  the  attention  of  State  Parties  to  the  drug  control 
conventions  to  developments  within  the  UN  system  towards  the  abolition  of  capital 
punishment  for  this  category  of  offence.  Accordingly,  the  INCB  continues  to  encourage  all 
States that retain the death penalty for drug related offences to commute death sentences that 
have  already  been  handed  down  and  to  consider  the  abolition  of  the  death  penalty  for  drug 
related offences54.  

52 For details, see the biennial report for 2016-2017 for more background information, SWD(2018) 32 final of 
19.1.2018 
53 https://www.incb.org/incb/en/news/press-releases/2017/press_release_20170818.html 
54 Statement by Dr. Viroj Sumyai, President of the International Narcotics Control Board, at the fifth 
intersessional meeting of the sixty-second session of the Commission on Narcotic Drugs, Vienna, 7 November 
2018 - Fostering a united approach to the effective implementation of the three international drug control 
conventions. 

22 

 
 
 
 
                                                 
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,  strengthen  the 
Philippine Drug Enforcement Authority, restore plea bargaining and probation laws, expedite 
the  disposition  of  drug  related  judicial  cases,  with  no  specific  provisions  on  proportionate 
sentencing.   

In November 2018, the Dangerous Drugs Board developed the Philippine Anti-Illegal Drugs 
Strategy (Executive Order No. 66, series of 2018 signed by President Duterte) as a blueprint 
of  the  Government's  strategies  and  programmes  in  adressing  the  Philippines'  drug  use 
problem.  The  national  anti-illegal  drugs  strategy  included  suppressing  the  flow  of  illegal 
drugs supply through sustained law enforcement operations and reducing consumer demand 
for drugs and other substances through drug rehabilitation and massive preventive education 
and awareness programs.55 

The  manufacture,  trafficking  and  use  of  crystalline  methamphetamine  (shabu  in  the 
Philippines) continues to be the primary drug threat56. It accounts for the vast majority of drug 
related arrests and drug treatment admissions in the country over the last five years. Sources 
of  methamphetamine  trafficked  from  overseas  appear  to  have  diversified.  Philippine 
authorities  seized  an  ecstasy  manufacturing  facility  in  2018  for  the  first  time  since  the 
monitoring  of  trends  started  in  2008.  The  Philippines  has  been  increasingly  targeted  for 
trafficking of cocaine by sea, and there have been relatively large seizures recently. 

UN Convention against Corruption (UNCAC) 

The Duterte administration was elected on a platform of anti-corruption. The anti-corruption 
policy was reinforced with the issuance of Executive Order No.2 July 2016, more commonly 
referred to as Freedom of Information. In the 18th Congress, an Act Strengthening the Office 
of  the  Ombudsman  and  Increasing  and  Broadening  the  Scope  of  its  Powers,  and  for  Other 
Purposes  was  reintroduced  and  is  yet  to  be  debated  on.  The  Congress  amended  the  Anti 
Money  Laundering  Act  to  include  casinos.  The  amendment  was  signed  into  law  (Republic 
Act 10927) in 2018. This is further strengthened with the enactment of Republic Act 11211 to 
amend the mandate of the Bangko Sentral ng Pilipinas to include money service businesses, 
credit granting businesses, and payment system operators. 

The Philippines ranked 99 out of 180 countries in the 2018 Corruption Perception Index with 
a score of 36 (still  far for the Asia Pacific regional  average score of 44). The 2017 country 
ranking was 111. Transparency  International noted that the improvement was ‘probably due 
to the strong stance the Government has taken against corruption and mainly reflected in less 
tolerance towards corrupt individuals and more punishment’. 

55 https://www.ddb.gov.ph/newsroom/403-ddb-statement-on-the-remarks-of-united-nations-high-commissioner-
for-human-rights 
56 Synthetic Drugs in East and South-East Asia, Trends and Patterns of Amphetamine-type Stimulants and New 
Psychoactive Substances, A Report from the Global SMART Programme March 2019, UNODC. 

23 

 
 
 
 
 
                                                 
Conclusions and priorities 

The  campaign  against  illegal  drugs    in  the  Philippines  continues  to  be  a  matter  of  grave 
concern,  in  particular  the  large  number  of  related  killings  and  prison  overcrowding. 
Reintroducing the death penalty for drug related offences would be a worrying development 
and  constitute  a  violation  of  the  ICCPR's  Second  Optional  Protocol.  The  Government  is 
encouraged to reconsider its approach to drug related problems in line with the commitments 
undertaken by all UN Member States at  the 2016 UN General  Assembly Special session on 
the  world  drug  problem.  The  outcome  document57 of  that  special  session  advocates  for  a 
health-based approach to the drug problem and contains clear language on proportionality of 
sentencing  for  persons  having  committed  drug  related  offences  and  alternatives  for 
incarceration. 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 against corruption, the Philippines has made progress but has still to 
ensure that legislation targetting corruption is passed into law and effectively implemented.   

57 Outcome document "Our joint commitment to effectively addressing and countering the world drug problem" 
( A/RES/S-30/1). 

24 

 
                                                 
ANNEX 

The Philippines – Treaty Ratification and Reporting  

Convention 

Status  of  ratification  / 
reservations58 

Compliance  with 
monitoring bodies 

reporting 

obligations 

to 

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

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

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 30.06.2008. 

Latest report due 04.01.2012. 

Report expected in December 2019  

3.  International  Covenant  on 
Civil and Political Rights 

Ratified: 23.10.1986 

Compliant with reporting obligations 

No reservations 

Last  report  submitted  on  31.05.2019  (advance 
unedited version). 

4.  International  Covenant  on 
Economic,  Social  and  Cultural 
Rights 

Convention 

5. 
the 
Elimination  of  All  Forms  of 
Discrimination against Women 

on 

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

Treatment 

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 
to 
Organise, No. 87 

the  Right 

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

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 01.03.2019.  

Ratification: 2005 

Compliant with reporting obligations  

Latest CEACR comments: Observation 2016. 

Ratification: 1953 

Compliant with reporting obligations  

Latest  CEACR  comments:  Observation  2018;  Direct 
Request 2018, scheduled for 2020. 

Ratification: 1953 

Compliant with reporting obligations  

Latest  CEACR  comments:  Observation  2018;  Direct 
Request 2018, scheduled for 2020. 

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

25 

 
 
                                                 
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 

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

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

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

Ratification: 1953 

Compliant with reporting obligations  

Scheduled for 2020. 

Ratification: 1960 

Compliant with reporting obligations  

Latest  CEACR  comments:  Observation  2016;  Direct 
Request 2016, scheduled for 2019.  

Ratification: 1960 

Compliant with reporting obligations  

Scheduled for 2020.  

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 
the  Bonn 
Amendment  (on  financial 
provisions). 

to 

Last (2017) Annual Report submitted on 08.11.2018. 

Last  Biennial  Report  for  2013-2014  submitted  on 
02.11.2015. 

Biennial  Reports  for  2003-04,  2005-06,  2007-08, 
2011-12,  and  Implementation  Report  2015-17  are 
due.59 

Annual Report on Illegal Trade for 2017 submitted. 

17. Montreal Protocol 

Accession: 17.07.1991 

Compliant with reporting obligations 

No reservations 

Most recent data for 2016 was submitted. 

No more recent reporting data is available. 

18. Basel Convention 

Ratification: 21.10.1993 

Compliant with reporting obligations 

No reservations 

Latest 
27.12.2018. 

(2017)  National  Report 

submitted  on 

No data on 2018 Annual National Report available. 

19.  Convention  on  Biological 
Diversity 

Ratification: 08.10.1993 

Compliant with reporting obligations 

No reservations 

All reports submitted. 

Latest 
02.04.2019. 

(Sixth)  National  Report 

submitted  on 

Revised  National  Biodiversity  Strategy  and  Action 
Plan submitted on 24.06.2016. 

20. UN Framework Convention 
on Climate Change 

Ratification: 1994 

Lack of compliance with reporting obligations 

No reservations 

First National Communication submitted on 
19.05.2000. 

Second National Communication submitted on 
29.12.2014. 

59 https://www.cites.org/eng/resources/reports.php  

26 

 
 
                                                 
Third National Communication outstanding. 

No Biennial Update Reports submitted. 

Biennial Update Reports are due every 2 years, while 
National Communications every 4 years. 

21.  Cartagena  Protocol  on 
Biosafety 

Ratification: 05.10.2006 

Lack of compliance with reporting obligations 

No reservations 

First National Report submitted in 2008. 

Second National Report submitted on 28.10.2011. 

Third National Report submitted on 30.11.2015. 

Next (Fourth) National Report due on 01.10.2019. 

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),Third  Round  (2014)  and  Fourth 
Round (2018) National Reports due. 

23. Kyoto Protocol 

Ratification: 20.11.2003 

No reporting obligations 

No reservations 

24.  UN  Single  Convention  on 
Narcotic Drugs 

Ratification: 02.10.1967 

No reservations 

Reviewing 
Narcotics Control Board (INCB). 

fulfilled  by 

is 

the 

International 

25.  UN  Convention 
Psychotropic Substances 

on 

Accession: 07.06.1974 

See report of the INCB for 2018.  

No reservations 

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

Ratification: 07.06.1996 

No reservations 

27.  UN  Convention  against 
Corruption 

Ratification: 08.11.2006 

Reviewing  is  fulfilled  by  the  UN  Office  on  Drugs 
and Crime (UNODC).  

No reservations 

The  Executive  Summary  of  the  2013  review  as  well 
as the full report were published on 10.12.2013.  

27