JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of the Republic of the Philippines covering the period 2020-2022 Accompanying the document Joint Report to the European Parliament and the Council on the Generalised Scheme of Preferences covering the period 2020-2022
Date: 2023-11-21
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Philippines, common commercial policy, development aid, 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, 21.11.2023  SWD(2023) 359 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of the Republic of the Philippines covering the period 2020-2022   Accompanying the document Joint Report to the European Parliament and the Council on the Generalised Scheme of Preferences covering the period 2020-2022 {JOIN(2023) 34 final} - {SWD(2023) 360 final} - {SWD(2023) 361 final} - {SWD(2023) 362 final} - {SWD(2023) 363 final} - {SWD(2023) 364 final} - {SWD(2023) 365 final} - {SWD(2023) 366 final} - {SWD(2023) 367 final} - {SWD(2023) 368 final}  
 
 
REPUBLIC OF THE PHILIPPINES 

1  SUMMARY ASSESSMENT 

The new Government, which came to power on 30 June 2022 through open 
and  competitive  presidential  elections,  has  affirmed  its  commitment  to  the 
compliance  with  the  GSP+  commitments  since  the  beginning.  Recent 
dialogue  under  the  GSP+  framework  as  well  as  in  other  fora (1)  has  been 
constructive and the Republic of the Philippines (the Philippines) has taken several 
steps to address points of concern. The situation continues to progress under the current 
administration. 

1.1  Priorities and Monitoring 

During the reporting period, EU monitoring focused on extra-judicial killings, intimidation 
of  and  attacks  against  civil  society  (including  red-tagging  and  violence  against  human 
rights defenders and media professionals), child labour, labour rights and cooperation with 
United Nations (UN) bodies including the International Labour Organization (ILO). 

A GSP+ monitoring mission (2) to the Philippines took place from 28 February to 4 March 
2022 (3).  The  conclusions  from  the  mission,  which  took  place  when  the  former 
administration  was  still  in  power,  showed  a  mixed  picture  with  some  positive 
developments  under  economic  and  social  rights  but  continued  violations  of  civil  and 
political rights.  

More recent dialogue with the new administration, which took office on 30 June 2022, has 
been  constructive  and  the  Philippines’s  authorities  have  taken  several  steps  to  address 
points of concern, even if tangible results are now needed. 

1.2  Human Rights 

In the reporting period (2020-2022), human rights concerns relate notably to extra-judicial 
killings  of  people  allegedly  involved  in  the  trade  and  use  of  drugs  under  the  previous 
administration,  and  the  insufficient  investigation  and  prosecution  thereof,  as  well  as  to 
impunity around attacks, harassment, red-tagging and, in some cases, killings of human 
rights  defenders,  political  opponents,  members  of  clergy,  journalists,  trade  unionists, 
environmental defenders, and indigenous people.  

The new administration has shown willingness to engage with the international community 
on human rights, having actively participated in multiple mechanisms of the UN Human 

(1)  For instance, the EU-Philippines Subcommittees on Good Governance, Rule of Law and Human Rights, 
as well as Development and Trade Cooperation. In October 2022 the Filipino Trade Minister and the 
Head of the Senate were in Brussels for a high-level visit to the European Parliament and in March 2023 
the EU Special Representative for Human Rights visited the Philippines. 
(2)  https://www.eeas.europa.eu/delegations/philippines/press-statement_en  

All links provided in this Staff Working Document were up to date as of 20 October 2023. 

(3)  On 16 February 2022, i.e. few days before the monitoring mission, the European Parliament adopted a 
resolution calling on the European Commission to immediately initiate the procedure which could lead 
to the temporary withdrawal of GSP+ preferences if there is no substantial improvement in the human 
rights, including labour rights, situation. 

1 

 
 
 
Rights Council (UNHRC). The Government has taken several positive steps, notably in 
the framework of the UN Joint Programme for capacity building and technical cooperation 
on  human  rights  signed  in  July  2021.  More  recent  positive  developments  include  the 
Government’s new focus on prevention and rehabilitation in the “war on drugs”, active 
participation in the works of the UNHRC and the visits of several UN Special Rapporteurs. 
The Government has also made statements on its intention to fight against impunity (4). 
There have been some first court convictions for extra-judicial killings in 2021 and 2022 
and  efforts  to  move  forward  the  investigation  of  other  cases.  The  new  Government 
announced  that  it  does  not  plan  to  reinstate  the  death  penalty,  and  the  Philippines  was 
actually  among  the  125  countries  to  vote  in  favour  of  the  9th  UN  Resolution  of  15 
December  2022  for  a  global  moratorium  on  the  death  penalty (5).  Notwithstanding  the 
positive  developments,  the  EU  would  expect  more  resolute  actions  to  address  the 
outstanding  issues  of  concern,  particularly  ensuring  accountability  for  extra-judicial 
killings and other human rights abuses, notably related to the “war on drugs” campaign, 
combatting the harassment of civil society, as well as violence against journalists. 

The  Philippines’  legislative  framework  protects  to  a  large  extent  the  civil  and  political 
liberties of its citizens, with a few exceptions. Liberty of expression and of the media and 
the Internet are in general granted, and relatively high in comparison to other countries in 
the  region (6).  However,  effective  implementation  of  this  legislative  framework  due  to 
institutional weaknesses and lack of capacity remain problematic. 

1.3  Labour Rights 

During  the  reporting  period  very  serious  violations  of  the  freedom  of  association  were 
reported,  including  allegations  of  extrajudicial  killings  of  trade  unionists,  red-tagging, 
harassment,  death  threats  and  intimidation  and  arrests  and  detentions  of  trade  union 
members.  In  September  2021,  the  ILO  concluded  inter  alia  that  there  was  no  tangible 
progress in any of the areas covered in the 2019 report of the Committee on the Application 
of Standards (CAS). Since the new administration took office, there is movement in the 
right  direction  with  some  tangible  results,  like  improved  cooperation  with  the  ILO,  in 
particular the submission to the ILO of a tripartite roadmap in September 2023. However, 
concrete results on other issues are still pending. 

The Labour Code of 1974 is only partly aligned with Convention No. 87 on Freedom of 
Association and Protection of the Right to Organise, and while several bills were filed to 
address  ILO  requests,  none  of  the  proposed  amendments  that  have  been  tabled  in  the 
legislature over the years have been adopted so far.  

Some progress was noted in the fight against child labour, notably in terms of legislation 
against the online sexual exploitation of children and tackling trafficking in persons. These 
laws  have  augmented  the  legal  protection  of  minors  against  online  sexual  exploitation, 
regardless of any form of consent from the child, and introduced additional tools to pursue 

(4)  Impunity remains a concern although it does not appear to stem from a deliberate policy under the current 
Government.  It could rather be the  result of a  lack of accountability for crimes committed  under the 
previous  administration  by  influential  individuals,  exacerbated  by  weak  institutions,  notably  a  weak 
justice system. 

(5)  https://worldcoalition.org/2022/12/20/9th-resolution-for-a-moratorium-on-the-death-penalty-the-trend-

is-growing/  

(6)   There have been cases of restrictions or harassment of individual media under the old administration, 

which still await final resolution. 

2 

 
 
human traffickers both online and offline and to enhance the surveillance and investigation 
of those crimes (7).  

Overall, national labour laws need to better align with international standards on freedom 
of association, and the protection of workers’ right to security of tenure should be ensured. 
Better  enforcement  is  required  towards  eradication  of  forced  and  child  labour  and 
trafficking in persons. More action is also necessary to protect minors from online sexual 
abuse and exploitation, in particular those working in the informal economy.  

1.4  Environment and Climate 

The  Philippines  has  made  good  progress  on  the  implementation  of  all  relevant 
environmental and climate conventions, has ratified the Kigali Amendment to the Montreal 
Protocol on Substances that Deplete the Ozone Layer and is preparing for the ratification 
of the Basel Ban Amendment to the Basel Convention on the Control of Transboundary 
Movements of Hazardous Wastes.  

The  Philippines  has  taken  steps  towards  the  implementation  of  the  Convention  on 
International  Trade in  Endangered Species of Fauna and Flora (CITES), but  there have 
been  no  notable  developments  in  the  implementation  of  the  Cartagena  Protocol  on 
Biosafety since 2020. The Philippines has applied to receive technical support towards the 
implementation of the Stockholm Convention on Persistent Organic Pollutants. In 2021, 
the Government submitted its first Nationally Determined Contribution (NDC) under the 
Paris  Agreement,  but 
it  needs  operationalisation  and  monitoring  tools  for  its 
implementation.  

1.5  Good Governance 

In  the  area  of  drug  control,  in  2020  the  International  Narcotics  Control  Board  (INCB) 
stated that “extra judicial responses to drug-related activities were in clear violation of the 
international drug control conventions” (8) and in 2021 and in 2022 (9) continued calling 
on the Government to issue immediate and unequivocal condemnations and denunciations 
of such actions and to stop them immediately. The new administration has indicated that 
the national drugs policy is shifting to prevention and rehabilitation in  accordance with 
international human rights commitments. This more balanced approach towards anti-drug 
policy on the supply and demand sides should continue. The deficiencies in the judiciary 
system and in law enforcement still need to be addressed, and perpetrators of human rights 
violations brought to justice.  

Compliance  with  the  UN  Convention  Against  Corruption  (UNCAC)  has  improved  but 
weaknesses remain. There is a need for better inter-agency coordination, strengthening of 
administrative procedures and oversight  at  all levels, clearer  rules  for asset  recovery  as 
well as the risk assessments on corruption. The Government is taking strides towards e-
government with the intention to reduce the risk of corruption in administrative procedures.  

(7)  https://www.pna.gov.ph/articles/1195150  
(8)  https://www.incb.org/incb/en/news/press-releases/2020/incb-reviews-the-drug-control-situation-in-the-
philippines--including-alleged-extrajudicial-responses-to-suspected-drug-related-activities--and-
reiterates-request-to-conduct-a-mission-to-the-philippines.html  

(9)  See also the INCB report for 2022, para 689: “The Board reiterates its view that extrajudicial killings 
as a response to drug-related activities violate the international drug control conventions, which require 
that  drug-related  crime  be  addressed  through  formal  criminal  justice  responses  with  internationally 
recognized due process of law”. 

3 

 
 
1.6  Status of Ratification and Reporting 

The Philippines maintained ratification of all 27 GSP+ related international conventions. 
The country fulfilled only in part and in some cases with continued delays its reporting 
obligations and some of the reports related to the environmental conventions are still due.  

2  LONG-TERM VIEW: THE PHILIPPINES SINCE JOINING GSP+ IN 2014  

The  Philippines  is  the  only  South-East  Asian  country  benefitting  from  the  GSP+ 
arrangement  since  2014 (10).  It  has  recorded  sustained  economic  growth  and  improved 
labour market and employment conditions since then, except in 2020 when many sectors 
were forced to stop operations and the country entered recession due to the COVID-19 
pandemic.  

Since  2014,  the  Government  of  the  Philippines  made  progress  in  addressing  poverty, 
hunger and unemployment, although gains made were negatively impacted by the COVID-
19 pandemic and the associated prolonged lockdowns and a sharp decline in remittances 
of Philippine overseas workers. Climate change and extreme weather events also continued 
to affect the enjoyment of human rights. Labour market conditions continuously improved 
since 2014, except in 2020 due to the pandemic.  

Total trade between the EU and the Philippines has grown steadily since 2015 except in 
2020 when global trade was hampered by the pandemic.  

The GSP+ contributed to sustaining the level of the Philippines’ exports to the EU during 
the  pandemic,  notwithstanding  the  rising  costs  of  logistics  and  raw  materials.  The 
utilisation rate of GSP+ tariff preferences has steadily increased in recent years, reaching 
77% in  2022. Approximately  90% of total  EU imports  from  the Philippines enjoy  zero 
tariff. 

The  largest  share  of  the  Philippines’  overall  exports,  including  to  the  EU,  remains 
integrated  circuits (11).  While  agricultural  exports  have  been  increasing,  structural 
problems  as  well  as  the  increasing  exposure  of  the  Philippines  to  climate  change  and 
extreme weather events, in particular typhoons, flooding and drought tempered its growth. 
Coconut products and canned tuna continue to gain foothold on the EU market and have 
shown steady growth thanks to the GSP+ preferences. 

The  Government  has  also  proactively  promoted  opportunities  under  GSP+  tariff 
preferences among Philippine exporters. 

(10)  Commission  Delegated  Regulation  (EU)  No  1/2014  of  28  August  2013,  establishing  Annex  III  to 
Regulation  (EU)  No  978/2012  of  the  European  Parliament  and of  the  Council  applying  a  scheme  of 
generalised tariff preferences, OJ L1 of 4.1.2014. 

(11)  About 25% of total exports to the EU in 2022.  

4 

 
 
3  RECENT DEVELOPMENTS 

In the reporting period, in accordance with the Philippine Development Plan (PDP) 2017-
2022 (12), progress was made on key economic reforms, including easing restrictions for 
foreign  direct  investment  -  a  positive  signal  in  terms  of  increasing  the  country’s 
competitiveness in the region. This opening concerns renewable energy, public services 
and  the  retail  sector.  Furthermore,  corporate  income  tax  was  lowered.  The  new 
administration  has  continued  on  this  path  and  is  implementing  the  laws  and  rulings 
liberalising renewable energy, public services and retail. The government is planning to 
further improve the conditions for foreign investment. 

The  Government  adopted  the  National  Employment  Recovery  Strategy  2021-2022  for 
restoring  the  country’s  labour  market  from  the  effects  of  COVID-19  and  implemented 
several measures to cushion its socioeconomic impact. The “Bayanihan to Recover as One 
Act”, enacted in September 2020, was  aimed to  accelerate recovery from the pandemic 
and improve the resilience of the Philippine economy, through the provision of emergency 
subsidies to low-income households, unemployment or involuntary separation assistance 
for  displaced  workers,  loan  programmes  for  micro,  small  and  medium  enterprises  and 
moving of statutory deadlines for the payment of taxes, among other measures.  

After the full re-opening of the country in 2022, the Philippines exhibited a strong post-
pandemic recovery. GDP grew by 7.6% in 2022 (13), ranking the Philippines third among 
its ASEAN peers. However, the Government, International Monetary Fund, World Bank, 
and Asian Development Bank (ADB) all predict a slower growth in 2023 (14) due to both 
domestic and global headwinds. Despite this forecast, the Philippines’ GDP growth rate 
will remain one of the highest in  Asia (15), and  the Philippines’ economy  the fastest or 
second fastest growing economy in ASEAN (16). 

The unemployment rate reached a record low of 4.3% in December 2022. The World Bank 
indicated (17) that, despite overall improvements in the labour market, the quality of jobs 
remained a concern. Due to the pandemic, the proportion of the population that is poor rose 
to 18.1% in 2021 from 16.7% in 2018 (18). Based on the Listahanan 3 poverty database of 
the Department of Social Welfare and Development, 5.6 million Filipinos were identified 
as poor in 2022, which translates into 36 in every 100 households. 

The  new  Government  adopted  the  Philippine  Development  Plan  (PDP)  2023-2028 (19), 
which  aims  at  deep  and  fundamental  transformations  in  all  sectors  –  social,  economic, 
institutional,  and  environmental  –  to  reinvigorate  job  creation  and  accelerate  poverty 

(12)  https://pdp.neda.gov.ph/updated-pdp-2017-2022/  
(13)  According to the national official statistics. 
(14)  The Development Budget Coordination Committee (DBCC) has projected a growth of 6-7% for 2023, 
whereas the IMF (5.5%), World Bank (5.4%), and ADB (6.3%) also predict even slower growth. The 
latest forecasts from Moody’s and Standard and Poor’s for March 2023 foresee a growth of around 5.7%. 

(15)  This is based on the Asian Development Outlook (ADO) for 2023. 
(16)  The forecast of the international rating agencies in March 2023 for the year was around 5.8%. 
(17)  Regaining 
Filipino  Workforce,  December 

2021, 
the 
https://openknowledge.worldbank.org/bitstream/handle/10986/36874/P1774080b8d6f508b0944c08618
e5c8a18d.pdf?sequence=1&isAllowed=y  
(18)  Philippine Statistics Authority, 15 August 2022. 
(19)  https://pdp.neda.gov.ph/philippine-development-plan-2023-2028/  

Lost  Ground,  Revitalizing 

5 

 
 
reduction (to a single-digit level by 2028) and move towards a prosperous, inclusive, and 
resilient society (20). 

EU–Philippines Development Cooperation 

The EU's support to the Philippines focuses on improving governance, job creation, renewable 
energy, and assistance to vulnerable populations, specifically in Mindanao, the poorest region 
of the Philippines affected by conflicts and population displacement. The EU remains one of the 
largest foreign development partners in support of Mindanao and the Peace Processes through 
a  comprehensive  approach  directly  targeting  the  political  settlement  with  the  Instrument 
contributing  to  Stability  and  Peace  and longer-term development  mainly  through  the  former 
Development  Cooperation  Instrument  and 
the  current  Neighbourhood,  Development 
International Cooperation Instrument – Global Europe (NDICI-GE). 

EU development cooperation is closely aligned with the Philippine Development Plan (PDP) 
2023-2028, with clear leadership and ownership on the part of the Philippine authorities.  

In  December  2021,  the  EU  approved  its  Multiannual  Indicative  Programme  (MIP)  for  the 
Philippines for 2021-2027. The MIP allocates €147 million for the period 2021-2024 to fund 
programmes in two main areas of intervention:  Resilient Green Economy and Green Jobs, and 
Peaceful and Just Society and Good Governance. With this new cooperation strategy, the EU 
continues its long-standing engagement in the Philippines on governance, access to justice and 
peace initiatives, but also choses to support the country in its strategic decision to move towards 
a  more  environmentally  sustainable  and  resilience-oriented  economic  development.  In  this 
context, the EU will also engage in Team Europe Initiatives with Member States to support the 
development of a circular economy with a reduction of plastic waste and to strengthen green 
digital connectivity. Both are priorities under the EU Global Gateway and the EU Indo-Pacific 
Strategies. Future programmes will support the Mindanao peace process and the rule of law in 
the country. 

Bilateral development cooperation is complemented by projects financed through regional and 
thematic programmes and instruments that are often implemented by civil society organisations 
addressing social issues, the protection of environment, indigenous people rights, human rights, 
local governance, peacebuilding, and migration. Under regional cooperation, the EU is currently 
supporting the ARISE+ Philippines on trade (2021-2024) with €5.8 million. The International 
Trade  Centre  is  the  implementer  with  a  focus  on  fostering  inclusive  economic  growth  and 
poverty reduction in the Philippines. It is foreseen that small and medium-sized enterprises in 
the  Philippines  will  benefit  from  an  improved  business  environment  to  increase  their 
competitiveness.  

In addition, the EU is one of the most important donors to the Philippines in cases of serious 
natural disasters which require emergency aid, such as after super-typhoon Odette (end 2021). 

4  EU–PHILIPPINES TRADE AND GSP+ 

The EU is the Philippines’ 4th largest trading partner, accounting for 7.6% of the country’s 
total  trade  in  2022  (after  China,  Japan  and  the  US),  and  11.0%  of  its  exports.  The 
Philippines is  the EU's  39th  largest  trading  partner globally,  accounting for 0.4% of the 
EU’s total trade. 

EU exports to the Philippines have been dominated by machinery, transport equipment, 
chemicals and food products while the Philippines' main exports to the EU have been office 

(20)  The new PDP also has a chapter on enhancing the administration of justice. 

6 

 
 
telecommunication  equipment,  machinery,  food  products,  and  optical  and 

and 
photographic instruments (21).  

Figures 1-4 below describe the Philippines’ utilisation of GSP+ preferences in the context 
of the EU’s overall imports from the country (22). 

In 2019-2022, the Philippines’ utilisation rate of GSP+ tariff preferences amounted to 72-
77%, lower than most GSP+ beneficiary countries but with an improving trend (Figure 1 
and  2).  Close  to  €3 billion  worth  of  goods  imported  to  the  EU  benefitted  from  GSP+ 
preferences in 2022 (Figure 1 and 2); the top products were machinery and mechanical 
appliances,  followed  by  animal  and  vegetable  fats  and  oils  and  their  cleavage  products 
(Figure 3). The latter also incurred the most tariff reduction in 2022, followed by meat and 
fish preparations (Figure 4).  

Figure 1: EU imports from the Philippines and GSP+ utilisation rate, 2019-2022 

2019 

2020 

2021 

2022 

Trend % 

Total 
imports, € 
million 
GSP+ eligible, 
€ million 
GSP+ used, € 
million 
Share GSP+ 
in total, % 
GSP+ 
utilisation 
rate, % 

7,075.1 

6,177.4 

7,783.6 

10,431.7 

2,429.9 

2,131.8 

2,688.6 

3,827.8 

1,763.5 

1,603.7 

2,046.9 

2,949.8 

34.3 

72.6 

34.5 

75.2 

34.5 

76.3 

36.7 

77.1 

47.44 

57.53 

67.27 

Figure 2: EU imports from the Philippines by trade regime (€ million) and utilisation rates (%), 2019-2022 

12.000

10.000

8.000

6.000

4.000

2.000

0

666

1.763

528

1.604

642

2.047

4.645

4.046

5.095

878

2.950

6.604

100

80

60

40

20

90,2

72,6

91,1

75,2

91,6

76,3

91,1

77,1

34,3

34,5

34,5

36,7

2019

2020

2021

2022

2019

2020

2021

2022

Other (MFN)

GSP+ preferential

GSP+ eligible not used

Share GSP+ in total
Utilisation rate (%)
Share duty-free in total

(21)  https://policy.trade.ec.europa.eu/eu-trade-relationships-country-and-region/countries-and-

regions/philippines_en#:~:text=Trade%20in%20goods%20between%20the%20two%20partners%20eq
ualled,EU%20the%20largest%20foreign%20investor%20in%20the%20Philippines.  

(22)  Source for all statistics: Eurostat data as of September 2023. 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. Trade flows registered as “confidential” do not appear in the 
GSP+  usage  figures  and  regime  1  normal  trade;  but  do  appear  in  total  trade  figures  (regime  4). 
https://ec.europa.eu/eurostat/cache/metadata/en/ext_go_agg_esms.htm#conf1537195068659  

7 

 
 
  
  
 
 
 
 
Figure 3: Top Philippine product groups 
benefitting from GSP+ tariff preferences, 2022, 
€ million 

Figure 4: GSP+ tariff reduction gains per product 
group, 2022, € million 

96,2 97,7

90,4

74,5 80,6

5
1
4
.
1

5
5
0
.
1

3
9
9

0
0
8

8
8
1

1
8
1

9
4
1

5
4
1

7
2
5 9
1
5
4
1
1

67,7
8
2
6

1.600
1.400
1.200
1.000
800
600
400
200
0

Eligible

Used

Utilisation rate (%)

120,0

100,0

80,0

60,0

40,0

20,0

Others
45,5

Animal or 
vegetable 
oils
51,8

Edible 
preparations
19,5

Machinery 
& 
equipment 
26,5

Meat & fish 
preparations
43,4

5  COMPLIANCE WITH GSP+ OBLIGATIONS  

5.1  UN Human Rights Conventions (Conventions 1-7) 

The Philippines continued to implement the 3rd 2018-2022 Philippine Human Rights Plan 
(PHRP-3) entitled “An Agenda for Protecting Human Lives, Uplifting Human Dignity and 
Advancing  People’s  Progress”.  To  implement  Resolution  45/33  of  the  UNHRC,  the 
Government  and  the  UN  signed  on  23  July  2021  the  first-ever  national-level  Joint 
Programme (UNJP) 2021-2024 for capacity building and technical cooperation on human 
rights, financially supported by the EU. The programme has seen strong engagement by 
the Government, civil society, the National Commission on Human rights and UN partners. 
In September 2022, the Office of the UN High Commissioner on Human Rights (OHCHR) 
issued  a  report  on  UNJP (23)  in  which  it  noted  that  the  Government  had  taken  some 
initiatives to advance accountability for human rights violations and abuses, to engage with 
some  civil  society  organisations  and  to  implement  relevant  legislative  and  institutional 
measures. The report also indicated shortcomings (24) in access to justice for victims and 
persistence  of  killings,  arbitrary  detention  and  physical  and  legal  intimidation  against 
human  rights  and  environmental  defenders,  journalists,  lawyers,  labour  rights  activists, 
humanitarian workers, and leaders of indigenous communities.  

The Government actively engaged in discussions on human rights notably with the UN 
Committee  on  the  Rights  of  the  Child  on  13-14  September  2022.  The  Human  Rights 
Committee concluded the 5th periodic review on the implementation of the International 
Covenant on Civil and Political Rights of the Philippines on 10-11 October 2022, while 
the 4th Human Rights Council’s Universal Periodic Review (UPR) of the Philippines took 

(23)  https://www.ohchr.org/en/documents/country-reports/ahrc5158-implementation-human-rights-council-

resolution-4533-and-progress  

8 

 
 
 
 
 
place  on  14  November  2022 (24),  with  the  Philippines  formally  supporting  215 
recommendations (out of 287) in March 2023. 

The Philippines facilitated Special Procedures visits after a hiatus of several years. 

The UN Special Rapporteur on the Sale and Sexual Exploitation of Children visited the 
country  in  November  2022,  while  the  UN  Special  Rapporteur  on  extra-judicial  killings 
visited  the  country  in  a  private  capacity  in  February  and  July  2023.  A  visit  by  the  UN 
Special Rapporteur on Freedom of Information and Expression is announced for January 
2024.  

While the Government has filed all required reports to the UN monitoring bodies, there 
has  been  mixed  progress  on  issues  related  to  the  implementation  of  human  rights 
conventions in the reporting period. 

5.1.1 

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

The  Indigenous  People’s  Rights  Act  of  1997  includes  legal  safeguards,  but  there  are 
shortcomings  in  its  implementation (25),  notably  with  regards  to  the  legal  process  of 
granting  title  to  ancestral  lands  to  indigenous  people,  ensuring  full  and  meaningful 
consultations with a view to obtaining their free, prior and informed consent before the 
adoption or application of any measure that may affect their rights, and ensuring fair and 
equitable  sharing  of  the  benefits  of  development  projects.  Moreover,  there  is  a  need  to 
ensure  accountability  for  the  harassment,  intimidation,  violence  against  and  killings  of 
indigenous  people  and  indigenous  rights  defenders.  The  adoption  of  the  Anti-
Discrimination Bill on the Basis of Race, Ethnicity and Religion remains pending. 

5.1.2 

International Covenant on Civil and Political Rights (ICCPR) 

While extra-judicial killings have decreased and reflect a change in the anti-drug policy 
towards prevention and rehabilitation, the continued occurrence of such killings and the 
prevalence  of  a  culture  of  impunity  are  still  a  source  of  serious  concern.  While  the 
Government  took  initial  steps  towards  investigating  some  of  these  killings,  these  only 
resulted in a very limited number of convictions so far, and efforts need to continue.  

In its recent interactions with the EU as well as the UN, the Philippines assured that the 
new administration is firmly against extra-judicial killings and all forms of violence against 
drug  users  and  offenders  and  expressed  commitment  to  ensure  transparency  and 
accountability  of  perpetrators  of  human  rights  violations.  The  Philippines  also  engaged 
with the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, who 
visited the country in February 2023 in a private capacity, and noted encouraging signs 
that  the  Government  is  willing  to  investigate  extra-judicial  killings  (i.e.  two  bills  are 
pending  in  Congress:  one  making  autopsies  after  unlawful  deaths  mandatory  and  one 
setting up an independent forensic science institute). 

In 2022, four bills to reintroduce the death penalty were submitted by individual Members 
of  Congress,  including  for  drug  related  offences.  However,  neither  chamber  of  the 

(24)  The Philippines accepted 215 out of the 289 recommendations made but also rejected a number of key 

important ones, including on red-tagging and abortion. 

(25)  Concluding observations on the  fifth periodic report of the Philippines, Human Rights Committee, 3 

November 2022. 

9 

 
 
legislature has acted upon those bills and the new Government has stated that it had no 
intention of reintroducing the death penalty. 

The Philippines has a very long tradition of civil society activism and counts about 101,000 
registered non-profit organisations, of which 60,000 are non-governmental organisations 
(NGOs) engaged in advocacy work (26). There are however reports of crackdowns and red-
tagging of human rights defenders, activists, and other civil society actors, exposing them 
to  possible  death  threats,  intimidation,  attacks,  arbitrary  arrest,  and  detention,  enforced 
disappearances  and  extrajudicial  killings.  On  28  February  2023,  a  House  of 
Representatives panel approved a measure seeking to promote and protect human rights 
defenders. The bill still needs to pass the House plenary and the Senate but does not appear 
on  the  priority  list  of  the  new  Government (27).  The  Anti-Terror  Act  (ATA)  of  2020 
contains a broad definition of terrorism, which could result in human rights violations and 
threats to human rights defenders. Following petitions filed by civil society organisations, 
in December 2021, the Supreme Court struck down two provisions of the ATA and the 
definition of terrorism was narrowed. As a consequence, the conditions for its application 
have  become  stricter.  However,  concerns  remain  about  the  lack  of  transparency  in 
designation  of  individuals  as  terrorists  under  the  law,  and  its  negative  impact  on  civic 
space.  

Despite very vibrant media in the country, in the 2022 World Press  Freedom Index  the 
position  of  the  Philippines  has  worsened  to  147th  place  from  138th  in  2021  (out  of  180 
countries) (28). Violations of the freedom of expression occurred, inter alia, via the closure 
of media outlets based on discriminative use of laws or licensing procedures, and the use 
of criminal  and civil  legal  actions against journalists and media outlets. Under the new 
Government, levels of a hostile rhetoric and attitude towards the press have considerably 
decreased.  However,  harassment  and  intimidation  of  journalists,  individual  cases  of 
killings and cyberattacks continue to happen, often linked to individual cases who count 
on impunity. The Government assured that there was no state-sponsored action to target 
journalists  and  curtail  media  freedom  and  informed  of  actions  and  mechanisms  to 
proactively ensure the safety of media workers. It should be also noted that during the last 
months of 2022 and the first months of 2023, a number of court decisions acquitted human 
rights  defenders and journalists from  charges  brought  against them. However, this only 
occurred after lengthy processes which impacted negatively on their ability to conduct their 
human rights work. Former Senator Leila De Lima who has been in pretrial detention since 
February  2017,  which  was  deemed  unlawful  by  the  UN  Working  Group  on  Arbitrary 
Detention, was finally granted bail on 13 November 2023. 

The authorities of the Philippines reaffirmed their commitment to ensuring accountability, 
notably through the AO35 mechanism under the Inter-Agency Committee on extrajudicial 
killings, enforced disappearances, torture and other grave violations of the right to  life, 
liberty, and security of persons. The Operational Guidelines of the AO35 mechanism were 
updated in 2022 to improve their efficiency and effectiveness. 

(26)  https://www.scribd.com/document/608254836/Philippines-Human-Rights-2020-2022, p. 21. 
(27)  The first Philippine Human Rights Defenders (HRD) National Assembly took place on 14 December 
2021, with participation of over 100 human rights defenders and Civil Society Organisations (CSOs). It 
sought to empower the engagement of grassroots and non-mainstream NGOs to ensure that their voices 
are heard in discussion on trends vis-à-vis human rights advocacy. The EU has supported HRDs in the 
Philippines: in the last years it focused on strengthening their capacity and skills and support to victims 
of human rights violations and those that are most at risk. Special focus is given to women, land and 
environmental rights defenders, indigenous peoples, lawyers, trade unionists and journalists. 

(28)  https://rsf.org/en/rsf-s-2022-world-press-freedom-index-new-era-polarisation-0  

10 

 
 
EU–Philippines Development Cooperation on Human Rights 

Under the European Instrument for Democracy and Human Rights (EIDHR), the EU finances a 
project to strengthen the protection of human rights defenders in the Philippines and to mitigate 
the risks in their work. The project started in 2022 and is set to run until January 2024. One of 
the objectives of the project is to raise the capacity and skills of human rights defenders and to 
support victims of human rights violations and those that are most at risk. Special focus is given 
to  women,  land  and  environmental  rights  defenders,  church  people,  indigenous  peoples, 
lawyers, and trade unionists. 

5.1.3 

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

In the reporting period, the Philippines has maintained its position as a country of mid-
ranking human development regarding economic and social rights, as exemplified by the 
UNDP Human Development Index (29), which noted the decline in poverty - in accordance 
with the current Philippine Development Plan – that aims to reach a single digit poverty 
rate by 2028. The authorities of the Philippines implemented some programmes targeting 
the  most  vulnerable  populations,  but  the  COVID-19  pandemic  reversed  some  of  these 
gains. Income inequality and poverty remain significant, and further measures are needed 
to address structural challenges.  

The unemployment rate (30) was 4.3% in December 2022, the second lowest since 2005. 
The  number  of  unemployed  people  stood  at  2.22  million,  down  from  3.27  million  in 
December 2021 (31) and the labour force participation rate amounted to 66.4%. Still, a high 
share  of  workers  is  engaged  in  the  informal  economy  (estimated  at  around  34%  of 
GDP (32))  without  legal  protection  or  safeguards.  There  are  also  concerns  about  the 
insufficient level of, and non-compliance with, minimum wages, inadequate sanctions for 
employers in case of violations, and low level of social protection. 

The Government adopted the National Employment Recovery Strategy 2021-2022 for the 
recovery  of  the  country’s  labour  market  from  the  adverse  effects  of  COVID-19  and 
implemented several measures to cushion its socioeconomic impact.  

5.1.4  Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against  Women 

(CEDAW) 

In  the  reporting  period,  the  authorities  of  the  Philippines  continued  to  implement  the 
National Advocacy and Communication Strategic Plan 2017-2022 developed by the Inter-
Agency Council on Violence against Women and Children (VAWC). The updated Gender 
Equality and Women’s Empowerment (GEWE) Plan 2019-2025 supports and aligns with 
the remaining years of the Philippine Plan for Gender-Responsive Development (PPGD) 
1995-2025. 

The  new  administration  intends  to  improve  the  implementation  of  the  Anti-Violence 
against Women and Their Children Act of 2004. The Safe Spaces Act of 2019 prohibits all 
forms  of  gender-based  harassment  committed  in  public  spaces,  educational  or  training 

(29)  HDI (1 = maximum) 0.712 (2018), 0.699 (2021); https://hdr.undp.org/data-center/human-development-

index#/indicies/HDI  

(30)  Measured as the number of people actively looking for a job as a percentage of the labour force. 
(31)  https://psa.gov.ph/statistics/survey/labor-and-employment/labor-force-

survey/title/Unemployment%20Rate%20in%20December%202022%20is%20Estimated%20at%204.3
%20Percent  

(32)  https://worldeconomics.com/Informal-

Economy/Philippines.aspx#:~:text=The%20size%20of%20Philippines%27s%20informal%20economy
%20is%20estimated,options%20to%20allow%20easy%20comparison%20with%20other%20countries.  

11 

 
 
 
institutions, the workplace, as well as online. The Department of the Interior and Local 
Government  (DILG)  and  the  Philippine  Commission  on  Women  (PCW)  issued  joint 
guidelines to ensure the implementation of the law at the local level (33). However, the lack 
of legislation providing for divorce may compel victims of domestic violence to remain in 
violent relationships. 

Various  international  and  human  rights  organisations  report  that  discrimination  against 
women remains a matter of concern. Domestic violence against women is still widespread, 
and  the  situation  further  deteriorated  during  the  pandemic,  while  many  cases  were  left 
unreported  due  to  cultural  and  social  stigmatisation.  The  findings  of  the  Gender  & 
Inclusion  Assessment  of  the  COVID-19  Pandemic  on  Vulnerable  Women  and  Girls 
indicate that the pandemic has  worsened the situation of many women and girls  across 
vulnerable subgroups (34).   

Maternal  health  remains  a  concern  in  the  Philippines.  COVID-19-related  quarantine 
measures  further  compounded  the  pre-existing  vulnerabilities  of  the  national  and  local 
health systems and limited access to family planning programmes. The Government made 
efforts to reduce maternal mortality and unsafe abortions, but the continued criminalisation 
of abortion leads many women to seek out clandestine abortion services that endanger lives 
and health. 

Executive Order No. 141 on Teenage Pregnancy of June 2021 mandated all Government 
agencies  and  entities  to  address  the  root  causes  of  the  rising  number  of  teenage 
pregnancies. These include actions in the fields of education and reproductive health for 
the young (35).  

The Philippines performs very well in terms of gender parity although in accordance with 
the World Economic Forum’s Global Gender Gap Report, its overall ranking has dropped 
from the 8th (out of 149 countries) in 2018 to the 19th place (out of 146 countries) in 2022 
and improved again  to  16th  place in  2023 following the re-opening  of the economy.  Its 
Global Gender Gap Index slightly declined in the period between 2018 and 2022, from 
0.799  to  0.783  (parity  is  marked  as  1) (36)  and  up  again  to  0.791  in  2023,  making  the 
Philippines  the  second  highest  ranked  country  in  Asia  Pacific  with  respect  to  gender 
equality (37). 

(33)  National report submitted pursuant to Human Rights Council resolutions 5/1 and 16/21 to the Human 
Rights Council Working Group on the Universal Periodic Review, Forty-first session, 7-18 November 
2022. A/HRC/WG.6/41/PHL/1, p. 17. 

(34)  The report was part of a nationwide interagency initiative coordinated by the United Nations Population 
Fund  (UNFPA).  It  targeted  rural  women,  members  of  the  LGBTIQ  community,  migrant  workers, 
persons; 
displaced 
persons 
https://philippines.unfpa.org/sites/default/files/pub-pdf/silayan_gia_report.pdf.  See 
also  Gender 
Country Profile for the Philippines 2021, Center for Women’s and Gender Studies (University of the 
Philippines), study funded by the EU.  

disability, 

internally 

with 

and 

(35)  According to a January 2020 UNFPA policy brief, teenage pregnancy had increased by 23% and out of 
all live births within the adolescent age group, only 3% are fathered by men of the same age group, and 
that such pregnancies may be the result of coercion and unequal power relations between girls and older 
men. 

(36)  https://www3.weforum.org/docs/WEF_GGGR_2022.pdf  
(37)  https://www.weforum.org/reports/global-gender-gap-report-2023/  

12 

 
 
EU–Philippines Development Cooperation on Gender Equality 

The  EU’s  Gender  Action  Plan  for  the  Philippines  focuses  on  five  key  priorities  including 
integrating  the  women,  peace  and  security  agenda  and  ensuring  freedom  from  all  forms  of 
gender-based  violence.  To  enable  the  timely  integration  of  these  objectives  and  targets  into 
programming,  following  consultations  with  relevant  stakeholders,  the  EU  Delegation  and 
Member States prepared the Gender Action Plan’s Country Level Implementation Plan (CLIP) 
for  2021-2025.  The  Implementation  Plan  is  based  on  the  updated  gender  profile  of  the 
Philippines and proposes specific actions to contribute to gender equality in the country.  

Linked to this, four projects under the EIDHR and the Civil Society Organisations and Local 
Authorities (CSO-LA) Programme with a total value of €2.4 million were launched in 2020 and 
2021, with a focus on protecting women human rights defenders, improving women’s economic 
opportunities,  participation  in  eco-governance,  and  access  to  reproductive  health;  improving 
their disaster preparedness; as well as the empowerment of girls from marginalised indigenous 
peoples’  communities  in  conflict  affected  areas  in  Mindanao.  Four  new  contracts  targeting 
women and girls were signed at the end of 2022: they focus on the empowerment of indigenous 
girls, the improvement of sexual and reproductive health and rights for teenagers and women’s 
political empowerment, for a total budget of around €2 million. 

In addition, two regional programmes funded by the EU are also implemented in the Philippines: 
The  Spotlight  ‘Safe  and  Fair’  programme  targeting  female  migrant  workers  and  the 
WeEmpowerAsia programme on women economic empowerment, ended in 2022. 

5.1.5  Convention against Torture and other Cruel, Inhuman or Degrading Treatment or 

Punishment (CAT) 

The Government of the Philippines has yet to establish a national preventive mechanism 
on  torture  complying  with  the  obligations  of  the  Optional  Protocol  to  the  Convention 
against Torture. 

Concerns  remain  about  severe  overcrowding  in  places  of  detention,  which  were 
exacerbated by the influx of individuals arrested as part of the “war on drugs” campaign. 
The Philippines is taking measures to expand capacity and improve conditions in places of 
detention, as well as to decongest them. For instance, from 1 January 2022 to 30 September 
2022, a total of 55,664 detainees were released through paralegal modes. 

The  Government  took  measures  to  prevent  torture  and  ill-treatment,  including  training 
programmes  on  human  rights  for  police  officers  and  prison  personnel.  However  there 
remain  concerns  about  torture  and  ill-treatment  in  places  of  detention,  including  under 
police custody.  

Detained persons do not always enjoy all the fundamental legal safeguards from the very 
outset of their detention. There are reports of extensive use of prolonged pre-trial detention, 
and  that  first-time  drugs  offenders  face  compulsory  rehabilitation  or  incarceration. 
Furthermore,  there  are  reports  of  individuals  admitted  to  rehabilitation  centres  being 
subjected to ill-treatment, solitary confinement, forced labour and psychological violence, 
without any oversight mechanism in place. The situation for women prisoners, including 
those who are pregnant or nursing, is a particular area of concern. 

5.1.6  Convention on the Rights of the Child (CRC) 

The Philippines achieved progress regarding children’s rights, notably with the adoption 
of several pieces of legislation strengthening the protection of children. These include the 
Act of December 2021 Prohibiting the Practice of Child Marriage and Imposing Penalties 
which criminalises the facilitation or solemnisation of marriages to a child below the age 

13 

 
 
of 18, as well as the cohabitation of an adult with a child outside wedlock. This is a crucial 
development as the country has one of the highest rates of child marriage in the world.  

In  January  2022,  the  Philippines  enacted  the  Domestic  Administrative  Adoption  and 
Alternative Child Care Act (38) simplifying domestic adoption and mandating the creation 
of a Regional Alternative Child Care Office for each region of the country which will be 
tasked  to  ensure  a  well-functioning  system  to  receive  local  petitions  for  a  Certificate 
Declaring a Child Legally Available for Adoption, and other requests regarding alternative 
placement and well-being of children.  

The  Act  of  March  2022  Providing  for  Stronger  Protection  against  Rape  and  Sexual 
Exploitation and Abuse, Increasing the Age for Determining the Commission of Statutory 
Rape, increased the age of sexual consent from 12 to 16 years. 

The  Foundling  Recognition  and  Protection  Act  of  May  2022  recognises  the  status  of 
foundlings  found  in  the  Philippines  and/or  in  Philippine  embassies,  consulates,  and 
territories abroad as natural-born citizens of the Philippines. As a matter of right, they are 
entitled  to  government  programmes  and  services,  including  registration,  facilitation  of 
documents for adoption, education, legal and police protection, proper nourishment and 
medical care for survival and development, and admission to safe and secure child centres. 

While some progress was noted in the fight against child labour, more needs to be done 
particularly against the online sexual exploitation of children which has increased during 
the  pandemic (39).  The  Act  on  Anti-Online  Sexual  Abuse  and  Exploitation  of  Children 
(OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) as well as the 
Expanded Anti-Trafficking in Persons Act (Republic Act No. 11862) adopted in July 2022 
have been good developments in this direction (40) and need to be effectively enforced and 
complemented by appropriate child protection services and support to victims.  

There have also been improvements in the ranking of the Philippines in indicators such as 
infant and under-5 mortality, the ratio of literate females to males aged 15-24 years old, 
and the participation rates and ratio of girls and boys in primary education (41). 

However, serious issues regarding children’s rights remain. Apart from poverty, children 
are affected by the poor implementation and enforcement of existing laws to protect their 
rights. Remaining challenges include violations against children rights in conflict affected 
areas, particularly in Mindanao, the adverse effects on children of the extra-judicial killings 
particularly during past years, lack of registration of many children and the high level of 
violence against children.  

(38)  https://www.pna.gov.ph/articles/1165335  
(39)  The  Department of  Justice-Office  of  Cybercrime  reported an  increasing  trend  in  cyber  tip  reports  of 
CSAEM attributed to the Philippines which ballooned to 2.8 million in 2021 from 1.2 million in 2020 
and  400,000  in  2019.  The  2022  Disrupting  Harm  in  the  Philippines  study  by  UNICEF  Office  of 
Research, Interpol, and ECPAT International, reported 20% of internet-using children aged 12-17 had 
experienced  online  sexual  abuse  and  exploitation  in  2021;  https://www.unicef.org/philippines/press-
releases/saferkidsph-statement-enactment-republic-act-no-11930-protection-children-against. For more 
details  see  also  the  National  Study  on  Online  Sexual  Abuse  and  Exploitation  of  Children  in  the 
Philippines  of  UNICEF  of  2020,  https://www.unicef.org/philippines/media/2711/file/UNIPH-2021-
NationalStudyOSAEC-FullReport.pdf  
(40)  https://www.pna.gov.ph/articles/1180657  
(41)  HRC  (2020)  Situation  of  human  rights  in  the  Philippines.  Report  of  the  United  Nations  High 

Commissioner for Human Rights. A/HRC/44/22. 

14 

 
 
 
Conclusions and priorities 

The Philippines has made some progress in advancing economic and social rights and 
in  cooperating  with  the  UN  under  the  Joint  Programme  for  capacity  building  and 
technical  cooperation  on  human  rights,  which  provides  an  opportunity  for  further 
progress on issues of concern. Moreover, the new Government has announced a revised 
human rights-based approach to drug-control and counter-terrorism.  

Priority areas for further action include, among others, upholding the Philippines’ stance 
against the death penalty and fully implementing all the recommendations of the 2022 
Universal  Periodic  Review,  adopting  legislation  establishing  a  national  preventive 
mechanism on torture, and prioritising the passage of the bill for the protection of human 
rights  defenders  as  well  as  on  ensuring  freedom  of  the  media  and  of  expression. 
Moreover, the Philippines should ensure the transparent and independent investigation 
and  prosecution  of  extra-judicial  killings  including  through  cooperation  with  the 
International  Criminal  Court  as  well  as  providing  remedies  for  victims  and  holding 
perpetrators accountable. The Philippines  should adhere to  the rules  enshrined in  the 
Rome Statute of the International Criminal Court, to which it was a party until 16 March 
2019. The Philippine Government should take the necessary steps so that justice could 
be speedily conducted regarding the pending case of former Senator de Lima. 

5.2 

ILO Labour Rights Conventions (Conventions 8-15)  

The Philippines has made progress in improving the implementation of labour standards 
(e.g., fight against human trafficking) and in improving the evidence basis for future policy 
making  (e.g.,  a  child  labour  survey  was  conducted  and  published  in  2021).  However, 
tangible  progress  is  expected  in  addressing  the  very  serious  issues  raised  in  relation  to 
Convention No. 87 on Freedom of Association and Protection of the Right to Organise. 
The adoption of necessary legislation to bring Philippine national legislation in line with 
the Convention has been pending for several years, including the Security of Tenure Bill. 

5.2.1  Freedom of Association and Collective Bargaining (Conventions No. 87 and No. 

98) 

The  Philippines’  application  of  Convention  No.  87  has  been  raised  at  the  International 
Labour Conference’s Committee on the Application of Standards (CAS) meetings in 2016, 
2019 and 2023.  

ILO’s  Committee  of  Experts  on 

The 
the  Application  of  Conventions  and 
Recommendations (CEACR) noted its deep concerns in 2021 over allegations of violence 
against trade unionists and in its latest report of February 2023 repeated that it still expected 
the Government to continue taking measures to ensure that all allegations of killings, red-
tagging,  harassment  and  other  serious  forms  of  violence  against  trade  unionists  are 
properly investigated and lead to concrete results, “so as to establish the facts, including 
any links between the violence and trade union activities, determine culpability, punish the 
perpetrators and contribute to preventing and combating impunity” (42).  

A virtual exchange held in September 2021 between ILO, the Government and designated 
representatives from the workers’ group and employers’ group concluded that no tangible 
progress had been achieved in any of the areas covered by the 2019 CAS conclusions. The 

(42)  This urgent request was repeated by the CEACR in its report published in February 2023 (page 232). 

15 

 
 
 
Government  was  therefore  requested  to  prepare  a  time-bound  action  plan  outlining  the 
steps to address the 2019 CAS conclusions (43). 

In the second half of 2022 the Department of Labour and Employment was more proactive 
and  undertook  measures  to  address  the  issue  of  red-tagging  with  interventions  in 
September 2022 by way of a five day community support programme seminar for 54 police 
officers.  This  seminar  focused  on  respecting  the  rights  to  freedom  of  association  and 
collective bargaining. In October 2022, a series of inter-agency consultations was held with 
representatives of the labour unions, employer groups and the Regional Task Force to End 
Armed Conflict in Region IV-A to discuss and address the issue of red-tagging incidents 
in the region.  

In January 2023 an ILO High Level Tripartite Mission took place (44) and in September 
2023 the government submitted to the ILO a tripartite roadmap. While this has taken some 
time  and  is  at  the  early  stages,  there  is  a  general  agreement  by  the  social  partners  to 
implement the roadmap.    

In its 2023 conclusions, CAS called on the Government to prevent violence related to the 
right to organise, undertake immediately investigations into acts of violence, identify and 
punish perpetrators, ensure that monitoring bodies operate and have adequate resources, 
create conditions in which workers and employers can establish and join organisations of 
their  choice.  The  Committee  requested  the  Government  to  finalise  with  ILO  technical 
assistance  and  in  consultation  with  social  partners  a  tripartite  roadmap  addressing  the 
outstanding  issues,  as  recommended  by  the  ILO  high-level  mission  to  the  Philippines 
which had taken place in January 2023 and represented a follow-up to a discussion in CAS 
in  2019.  The  Committee  also  asked  the  Government  to  prepare  a  progress  report  and 
submit it to the ILO Committee of Experts (CEACR) by 1 September 2023. 

Bills  to  end  contractualisation  (Security of Tenure  Bill) as well as  to  align  the national 
labour  legislation  with  ILO  Conventions  on  collective  bargaining  and  freedom  of 
association have not yet been adopted.  

The CEACR raised concerns about the low coverage of collective agreements – according 
to ILOSTAT, only 1.4% of employees in the country are covered by them (45). 

5.2.2  Abolition of Forced Labour (Conventions No. 29 and No. 105) 

The Philippines has been facing a challenge of human trafficking within the country and 
across borders. Since 2012, the Government has undertaken efforts including advice and 
assistance  provided  to  Filipinos  looking  for  work  overseas,  the  identification  of  and 
support for victims of trafficking, and the identification, prosecution, and conviction  of 
perpetrators. While the number of identified victims and the number of convictions were 
initially low, the situation has improved in the last few years with the establishment of new 
structures to combat human trafficking and the application of other measures, including 
awareness  raising  campaigns  for  the  public  and  training  for  enforcement  agencies.  The 
establishment of the Department of Migrant Workers and the enactment of the Expanded 
Anti-Trafficking in Persons Act of 23 June 2022 should boost the Government’s campaign 
against human trafficking. Among others, this Act provides additional tools against human 
trafficking  particularly  when  violations  involve  the  use  of  the  internet  and  digital 
platforms.  The  Government  has  taken  steps  to  address  the  vulnerability  of  overseas 

(43)  This request was repeated by the CEACR in its report published in February 2023 (page 231). 
(44)  The  conclusions  can  be 

found  at  https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---

normes/documents/missionreport/wcms_874240.pdf 

(45)  CEACR report published in February 2023, page 238. 

16 

 
 
workers  with  regard  to  the  exaction  of  forced  labour  including  through  bilateral  labour 
agreements with destination countries and regular dialogue with them to ensure workers’ 
rights and welfare are protected. 

Further  efforts  are  needed  to  ensure  that  perpetrators  are  identified,  prosecuted,  and 
convicted,  and  corruption  and  involvement  of  border  officials  in  trafficking  eradicated. 
Domestic  legislation  also  needs  to  be  further  aligned  with  Convention  No.  105  on 
Abolition  of  Forced  Labour  namely  through  amendment  to  the  Revised  Penal  Code  to 
avoid  the  risk  of  imprisonment,  involving  compulsory  labour,  for  expressing  political 
views; changes to the Cybercrime Prevention Act; and an amendment of the Labour Code 
to  avoid  the  risk of  imprisonment,  involving  compulsory labour,  for participation  in  an 
illegal strike – all of these issues have been raised by the CEACR repeatedly since 2013. 

5.2.3  Minimum Age for Work and Worst Forms of Child Labour (Conventions No. 138 

and No. 182) 

Since 2012 the Government has taken several steps to eliminate child labour. These include 
the  adoption  of  policy  frameworks  and  legislation  prohibiting  child  labour  in  certain 
sectors.  Other  measures  include  the  encouragement  of  school  attendance,  support  to 
families in need and projects implemented in cooperation with local communities and other 
partners to remove children from work in agriculture, mining, and fishing, as well as from 
the worst forms of child labour, including armed groups.   

The most recent figures show that in 2021, of the estimated 31.64 million children 5 to 17 
years old, 1.37 million or 4.3% were working (this rate was higher than the proportion in 
2019 and 2020 of 3.4% and 2.8%, respectively). The agricultural sector had the highest 
proportion of working children (46). 

The  Committee  of  Experts  on  the  Application  of  Conventions  and  Recommendations 
(CEACR,  2020)  noted  with  deep  concern  the  significant  number  of  children  who  are 
subject  to  commercial  sexual  exploitation  in  the  Philippines  and  the  low  number  of 
prosecutions  and  convictions  in  this  regard.  Online  sexual  abuse  and  exploitation  of 
children  has  increased  under  the  pandemic,  affecting  some  2  million  children.  In  this 
context, the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-
Child Sexual Abuse or Exploitation Materials (CSAEM) Act was enacted on the 30 July 
2022.  This  new  law  aims  to  strengthen  the  country’s  response  in  addressing  the  rising 
vulnerability and victimisation of Filipino children by online predators. 

Further efforts are needed to improve the legal and practical protection of children. This 
includes extending the scope of  provisions of  Labour Code  of 1974,  ensuring that  self-
employed  children  and  children  working  in  the  informal  economy  benefit  from  the 
protection provided under Convention No. 138, ensuring that persons under 18 years of 
age  cannot  be  involved  in  hazardous  work,  and  removing  children  from  child  labour, 
notably its worst forms.   

EU–Philippines Development Cooperation on Child Labour 

The EU will support in the coming years two projects that will address the worst forms of child 
labour in Mindanao and in Visayas. 

One project (2022-2025) will focus on building capacities of  civil society organisation, local 
government, and government line agencies in Mindanao to address child labour, focusing on 

(46)  https://psa.gov.ph/statistics/survey/labor-and-employment/survey-on-children, March 2023. 

17 

 
 
preventing  and  reducing  child  labour,  promoting  acceptable  conditions  of  work  in  crop 
agriculture. Two provinces of Mindanao (Bukidnon and Davao del Norte) will be targeted. 

Another project (2023-2025) will focus on strengthening community-based protection systems 
to eliminate Worst Forms of Child Labour (WFCL) in Visayas Region. The aim is to eliminate 
the WFCL through a multi-stakeholder approach, awareness-raising, improving services access 
for victims and their families and WFCL related policies and programmes at the local, district 
and national level. 

5.2.4  Equal Remuneration and Elimination of Discrimination (Conventions No. 100 and 

No. 111) 

Since 2012, legislation and a policy framework have been adopted to end discrimination 
against  women  in  the  workplace,  promote  gender  equality  and  setting  out  working 
conditions in some sectors, such as domestic work. Despite these efforts and a high ranking 
in the World Economic Forum’s Global Gender Gap (see section 5.1.4.), the Philippines 
continues  to  face  some  challenges,  notably  a  low  female  labour  market  participation, 
occupational segregation, and a disadvantaged position of women regarding wage levels 
and  access  to  education,  training,  and  prospects  for  professional  development. 
Furthermore, Senate Bill No. 429, which proposes to amend Sections 135 and 137 of the 
Labour Code to prohibit discrimination based on sex in hiring and security of employment, 
has not yet been adopted.    

Likewise,  other  groups  of  workers  in  vulnerable  situations,  such  as  persons  with 
disabilities,  need  more  support  and  a  reduction  of  the  existing  barriers  in  access  to  the 
labour market and decent jobs. Suggested solutions include awareness raising, provision 
of  childcare  facilities,  extending  paternity  leave,  adapting  the  working  conditions  for 
parents with young children, enabling flexible working arrangements, including working 
from home and e-commerce (47), adoption of legislation which would prohibit all forms of 
discrimination in the workplace and improved collection of gender disaggregated data to 
outline  women’s  economic  engagement (48).  The  Philippines  will  also  need  to  align  its 
legislation with the principle of equal pay for work of equal value under Convention No. 
100 on Equal Renumeration (49). 

Conclusions and priorities 

The  ILO  high-level  tripartite  mission  that  took  place  in  January  2023  to  support  the 
Government and the social partners in taking effective action for the implementation of 
the 2019 CAS conclusions is certainly a positive development.   

The Government needs to align national legislation with Convention No. 87 and take 
legislative  action  particularly  to  protect  the  workers’  right  to  security  of  tenure  by 
eradicating  all  forms  of  abusive  employment  practices.  In  addition,  it  has  to  further 
strengthen  workers’  right  to  self-organisation  by  easing  the  minimum  membership 
requirements for registration of independent unions from 20% to 5%, and for federations 
from  10%  to  5%.  The  institutionalisation  of  online  registration,  decentralising  the 
registration process and ensuring one-day process cycle time are of utmost importance.  

(47)  https://www.weforum.org/agenda/2019/10/philippines-women-work/  
(48)  https://neda.gov.ph/wp-content/uploads/2021/09/Determinants-of-Female-Labor-Force-Participation-

in-the-Philippines.pdf  

(49)  This request was repeated by the CEACR in its report of February 2023 (pages 652-653). 

18 

 
 
 
Regarding  forced  labour,  further  efforts  are  needed  to  ensure  that  perpetrators  are 
identified,  prosecuted  and  convicted,  and  to  eradicate  corruption  and  involvement  of 
border officials in trafficking. Alignment of domestic legislation with Convention No. 
105 would also improve the situation.  

While child labour figures have decreased, further efforts are needed to protect minors 
from  online  sexual  abuse  and  exploitation  as  well  as  those  working  in  the  informal 
economy. Access to the labour market for all, including persons with disabilities and 
women,  should  be  improved  including  through  the  amendment  of  the  Labour  Code 
prohibiting discrimination based on sex and a reduction in the Gender Pay Gap. 

5.3  UN  Conventions  on  Environmental  Protection  and  Climate  Change 

(Conventions 16-23)  

The  Philippines  is  home  to  two-thirds  of  the  earth’s  biodiversity  and  ranks  third  in  the 
world in marine biodiversity. The country also ranks among the top ten countries globally 
with the largest number of species threatened with extinction. It is also among the world’s 
most disaster-prone  countries. At risk from  both  climate-related and geological  hazards 
such as floods, droughts,  typhoons, landslides and mudslides, earthquakes and volcanic 
eruptions,  the  country  experiences  on  average  20  tropical  cyclones  every  year  and  an 
almost daily occurrence of seismic shocks which cost the country an average of 0.5% of 
its GDP annually.  

As one of the fastest growing countries in Asia, economic development and population 
growth have exacerbated the country’s environmental challenges. Ineffective management 
of biodiversity resources (50), policy gaps, poor enforcement of environmental laws and 
regulations, and conflicts have also resulted in the decline of natural resources in terms of 
both  quantity  and  quality,  especially  for  those  nearing  extinction.  The  Philippines  is 
however taking steps towards the implementation of environmental conventions. 

As an emerging economy, the Philippines’ greenhouse gas emissions (GHG) have doubled 
over the last decade, though emissions per capita remain rather low (1.3t per capita). As an 
archipelago, the Philippines is very vulnerable to climate change impacts, including sea 
level rise, increased frequency of extreme weather events and natural disasters, and rising 
temperatures.  The  country  is  especially  exposed  to  tropical  cyclones,  flooding,  and 
landslides, and has the second-highest annual weather-related fatalities rate worldwide. 

EU–Philippines Development Cooperation on Environment and Climate 

Under the MIP 2021-2027 the priority area 1: Green, Resilient Economy and Green Jobs will 
focus on the sectors of Circular Economy and Plastic Waste Management, Digital connectivity 
and green digital transformation and Specific Climate Change adaptation and mitigation actions. 
A new programme on Green Economy has been proposed and is under preparation (€60 million). 
The  programme  will  support  the  transition  towards  circular  economy  and  plastic  waste, 
following a three-level approach focusing on central level, local level and private sector. 

Ongoing  cooperation  with  the  Philippines  is  supporting  the  sustainable  energy  generation  to 
meet the growing needs of the economy and provide energy access to the poor and marginalised 
sector  in  accordance  with  the  Philippine  Development  Plan,  generating  electricity  from 
renewable sources, increasing efficiency of energy use, and increasing access for the poor to 

(50)  https://www.usaid.gov/philippines/energy-and-environment  

19 

 
 
 
 
affordable, disaster-resilient energy, through the Access to Sustainable Energy in the Philippines 
project (ASEP, €66 million). The programme is ending in 2023. 

Under regional cooperation the EU supported the preservation of the natural environment with 
the Biodiversity Conservation and Management of Protected Areas in ASEAN (BCAMP, €10 
million). 

To strengthen environmental law enforcement, in 2021, the Government established the 
Environmental Law Enforcement and Protection Service.  

5.3.1  Convention  on  International  Trade  in  Endangered  Species  of  Wild  Flora  and 

Fauna (CITES) 

The Philippines ratified CITES in 1976, but its legislation is still classified under Category 
2, which means it does not meet all the requirements of the CITES implementation. The 
Philippines has taken several measures to combat wildlife crimes and curb illegal wildlife 
trade. The annual value of illegal wildlife trade in the country is estimated at USD 1 billion; 
this includes the market value of wildlife and its resources, their ecological role and value, 
damage to habitats, and loss in potential ecotourism revenues (51). 

The Wildlife Law Enforcement Action Plan 2018-2028 came into effect in January 2021 
and  serves  as  the  national  roadmap  for  addressing  wildlife  crimes.  A  draft  of  the 
amendments to the 20-year-old Wildlife Act was introduced in the Senate in 2021 but did 
not make it into law. Meanwhile, the Philippines has automated the issuance of CITES 
import,  export,  and  re-export  permits  of  terrestrial  species,  with  permits  being  granted 
online. 

5.3.2  Waste  Conventions:  Basel  Convention  on  the  Control  of  Transboundary 
Movements of Hazardous Wastes and Their Disposal and Stockholm Convention 
on Persistent Organic Pollutants (POPs)  

The Government of the Philippines has consistently met its reporting obligations under the 
Basel Convention. Philippine laws, regulations and procedures related to waste trade and 
the definition of hazardous waste are well aligned with the requirements of the Convention.  

Since  March  2020,  the  Philippines  is  also  implementing  the  Basel  Convention  Plastic 
Waste Amendments pertaining to the control of the transboundary movements of plastic 
waste. The Government has been building the capacity of its customs and environmental 
administrations with support from donors to prevent cases of illegal traffic of plastic wastes 
and enforce policies on transboundary movements of plastic waste. 

The Philippines is moving towards ratifying the Basel Convention Ban Amendment that 
prohibits developed countries from exporting their hazardous waste and toxic wastes to 
other countries, whether for disposal or recycling (52). 

(51)  Addressing 

Illegal 

Wildlife 

Trade 

in 

the 

Philippines, 

p. 

3, 

https://www.adb.org/sites/default/files/publication/490006/addressing-illegal-wildlife-trade-
philippines.pdf. 

(52)  Greenpeace  and  EcoWaste  Coalition  (2020)  Waste  trade  and  the  Philippines:  How  local  and  global 
country, 

policy 
https://www.greenpeace.org/philippines/publication/4208/waste-trade-and-the-philippines-how-local-
and-global-policy-instruments-can-stop-the-tide-of-foreign-waste-dumping-in-the-country  

foreign  waste  dumping 

instruments 

tide  of 

stop 

can 

the 

the 

in 

20 

 
 
 
With  regard  to  the  Stockholm  Convention,  the  national  reports  for  the  third  and  fourth 
reporting  cycle  are  overdue.  The  last  report,  due  in  August  2022,  was  submitted  in 
November 2022.  

The National Implementation Plan (NIP) of the Stockholm Convention was last updated 
in  2014.  In  2020,  the  Philippines  applied  for  technical  support  from  the  Global 
Environment  Facility  (GEF)  to  update  the  NIP  to  include  all  POPs  listed  under  the 
Convention  up  to  2020 (53).  The  request  for  support  also  covers  the  updating  of  the 
inventory for all POPs to enable the consistent implementation of the requirements of the 
Convention. The regulatory reforms are proposed to include the complete ban of import 
and  use  of  POPs,  with  specific  reference  to  industrial  POPs,  in  compliance  with  the 
Convention. 

5.3.3  Convention on Biological Diversity (CBD) and Cartagena Protocol on Biosafety 

The Philippines’ Government is compliant with its reporting obligations under the CBD. 
The authorities are running programmes for the conservation of key species such as the 
rufous hornbill, tamaraw, Philippine cockatoo and dugong. 

EU–Philippines Development Cooperation on Biological Diversity 

The Philippines continues to be a beneficiary of the support provided under the second phase of 
the  Biodiversity  Finance  Initiative,  funded  by  the  EU  and  other  European  donors  that  was 
extended to 2025 and is targeting results based and effective budgeting for biodiversity as well 
as reduction and redesign of subsidies that are harmful to nature. The Philippine Biodiversity 
Strategy  and  Action  Plan  2015-2028  constitutes  the  country’s  third  National  Biodiversity 
Strategy and Action Plan under the CBD. 

The Philippines has also been implementing several projects to arrest the loss of biodiversity 
since 2020 with the support from international cooperation agencies. 

The Philippines is compliant with its reporting obligation under the Cartagena Protocol. 
There have been no notable developments in the implementation of the Cartagena Protocol 
since 2020. 

5.3.4  Conventions on Climate Change and Protection of the Ozone Layer (54) 

The  Philippines  submitted  its  first  Nationally  Determined  Contribution  (NDC)  to  the 
UNFCCC  in  April  2021 (55).  Biennial  Update  Reports  remain  overdue,  even  if  their 
submission is expected soon. The National Climate Change Action Plan (NCCAP) 2011-
2028 is one of the policy framework instruments forming the basis for the NDC (56) and it 
is currently under review. 

Based on the overarching priority of accelerating the just transition to a green economy 
and the delivery of green jobs, the NDC sets a target of 75% green-house gas emissions 

(53)  GEF  (2020)  Reduction  of  POPs  and  UPOPs  through  integrated  sound  management  of  chemicals, 

https://www.thegef.org/projects-operations/projects/10686  

(54)  United  Nations  Framework  Convention  on  Climate  Change,  Kyoto  Protocol  to  the  United  Nations 
Framework  Convention  on  Climate  Change,  and  Montreal  Protocol  on  Substances  that  Deplete  the 
Ozone Layer. 

(55)  https://unfccc.int/sites/default/files/NDC/2022-06/Philippines%20-%20NDC.pdf  
(56)  As the country’s main instrument on climate action, the NCCAP 2011-2028 includes 7 thematic areas 
of government action to address climate change, namely: food security, water sufficiency, ecological 
and environmental stability, human security, climate-smart industries and services, sustainable energy, 
and  knowledge  and  capacity  development,  which  are  pursued  coherently  with  the  Sustainable 
Development  Goals 
for  Disaster  Risk  Reduction; 
the 
https://climate.emb.gov.ph/wp-content/uploads/2016/06/NCCAP-1.pdf  

Framework 

Sendai 

and 

21 

 
 
 
reduction relative to its business-as-usual scenario of 2000-2030 and peak its emissions by 
2030.  While  the  target  is  ambitious,  more  than  72%  of  the  target  is  contingent  on 
international financial support to implement mitigation actions in the agriculture, waste, 
industrial processes and product use, transport, and energy sectors. In addition, the plans 
to  operationalise  the  NDC  policies  and  measures  and  their  corresponding  financing, 
technology, and capacity development are yet to be developed, as well as the necessary 
measurement, reporting, and verification system to track, monitor, and report the progress 
of NDC implementation. 

The strategy to  accelerate climate action and strengthen disaster resilience constitutes a 
part  of  the  next  edition  of  the  Philippine  Development  Plan  2023-2028  adopted  in 
December 2022 and aims at the following outcomes: (a) climate and disaster risk resilience 
of communities and institutions increased; (b) ecosystem resilience enhanced; and (c) low 
carbon economy transition enabled (57). 

The Government had set a moratorium on new coal power plants as from October 2020. 
However, the percentage of coal power generation in the Philippines increased to 48% in 
2021 from 38% in 2020. Further, a study by the Global Electricity Review 2022 revealed 
that the country recorded an 8% increase in power generated using coal. The Philippines 
ranked  15th  globally  in  terms  of  coal  share  in  power  generation (58).  At  COP26,  the 
Philippines  signed  the  Global  Coal  to  Clean  Power  Transition  Statement  but  with  a 
reservation  regarding  clause  3  calling  for  a  coal  phase-out.  Since  its  election,  the  new 
Government has reaffirmed the coal moratorium but has advocated natural gas, and is also 
considering  nuclear  energy,  as  a  stopgap  before  fully  committing  to  renewable  energy-
centric development. To accelerate transition to renewables, the Philippines opened their 
electricity market allowing foreign ownership of investments. 

In October 2021, the Government adopted regulations targeting an 80% reduction on the 
importation and use of hydrofluorocarbons (HFCs) in the country by 1 January 2045. This 
target is in line with the Philippines’ obligation as a developing country under the Kigali 
Amendment. On 3 November 2022, the Philippines ratified the Kigali Amendment (59) to 
the Montreal Protocol to gradually reduce the consumption and production of HFCs, which 
entered into force in February 2023. 

Conclusions and priorities 

The Philippines has made good progress  on the implementation  of  all  environmental 
and climate conventions. The country has ratified the Kigali Amendment to the Montreal 
Protocol and is preparing to ratify the Basel Ban Amendment to the Basel Convention. 

The  Philippines  has  submitted  its  first  NDC  for  implementing  the  Paris  Agreement, 
however,  the  plans  to  operationalise  the  NDC  policies  and  measures  as  well  as 
monitoring tools for its implementation are yet to be developed.  

During the reporting period, the Philippines has been compliant with the CBD reporting. 
The final text of the historic Kunming-Montreal Global Biodiversity Framework, agreed 
at the 15th meeting of the Conference of the Parties to the UN CBD in December 2022, 
calls for all countries to develop national targets. The Philippines is expected to comply 
on  this  matter.  On  CITES,  it  is  necessary  that  the  Philippines  brings  its  national 

(57)  https://pdp.neda.gov.ph/philippine-development-plan-2023-2028/  
(58)  https://powerphilippines.com/think-tank-coal-in-ph-energy-mix-increased-despite-moratorium/  
(59)  The  Kigali Amendment is not in the  list of the GSP relevant conventions. However, it is considered 

essential in terms of substance.  

22 

 
 
legislation in  full compliance with  the Convention in  order to  move from category 2 
(“does  not  meet  all  the  requirements  of  the  CITES  implementation”)  to  category  1 
(“meets all the requirements”). No specific problems have been reported in relation to 
the implementation of the Basel and Stockholm Conventions. 

5.4  UN Conventions on Good Governance (Conventions 24-27)  

5.4.1 

International Drug Control Conventions (60) 

The Philippines Anti-Illegal Drugs Strategy (PADS), approved in 2018 through Executive 
Order No. 66, envisioned that by 2022, Filipino communities would be drug free through 
supply  reduction  efforts,  strong  law  enforcement  and  adherence  to  and  observance  of 
human rights, coupled with comprehensive demand reduction initiatives and supported by 
strong international ties.  

The law enforcement bodies designed their own programmes to implement this strategy, 
such as the Barangay (village) Drug Clearing Programme (BDCP) framework adopted by 
the Philippine Drug Enforcement Agency’s (PDEA) (61). In July 2021, the PDEA and the 
Philippine National Police (PNP) signed a memorandum to strengthen cooperation on anti-
illegal drugs operations via the adoption of unified operational guidelines. 

The implementation of the PADS resulted, inter alia, in the establishment of 63 accredited 
Drug Abuse Treatment and Rehabilitation Centres in the country as of 2021 (62). Overall, 
the Government implements a “No Wrong Door” policy which ensures that the healthcare 
delivery  system  can  provide  access  to  interventions,  treatment,  rehabilitation,  and 
reformation at any point of entry. Through the BDCP, in 2021, 55,169 identified Persons 
Who Use Drugs (PWUDs) underwent rehabilitation and reintegration programmes. Also 
in 2021, the Dangerous Drugs Board revised its rules to ensure better access to treatment 
and rehabilitation services. 

Meanwhile,  the  Yakap  Bayan  (Nation’s  Embrace)  Programme  developed  by  the 
Department  of  Social  Welfare  and  Development  (DSWD)  assists  drug  users  in  their 
recovery and social reintegration and also provides aftercare services, such as counselling 
sessions,  health  and  fitness  therapy,  spiritual  interventions,  skills  training,  and  capacity 
building. Also, the PDEA collaborates with local government units to implement the Balay 
Silangan (House of Birth) Reformation Programme to reform drug offenders and facilitate 
their reintegration. As of July 31, 2022, 368 Balay Silangan Reformation Centres reformed 
4,920 graduates and produced 1,565 employed individuals. 

(60)  UN Single Convention on Narcotic Drugs (1961), UN Convention on Psychotropic Substances (1971) 

UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). 

(61)   As of August 2022, the total number of barangays declared as drug-cleared and drug-free were 25,917 
and 5,851, respectively - see the National report submitted pursuant to Human Rights Council resolutions 
5/1 and 16/21 to the Human Rights Council Working Group on the Universal Periodic Review, Forty-
first session, 7-18 November 2022. A/HRC/WG.6/41/PHL/1  

(62)  These 63 treatment and rehabilitation facilities reported to the Treatment and Rehabilitation Admission 
Information  System  (TRAIS).  2,708  admissions  were  recorded.  Out  of  this  number,  2,372  were  in-
patient with 2,344 new cases and 28 readmitted or relapse cases. Around 13.5% increase in admission 
in comparison to 2020 was noted which can be attributed to the resumption of operation by the different 
rehabilitation centres and the willingness of the PWUDs to undergo treatment and rehabilitation. For 
severe  drug  users  which  require  facility-based  interventions,  the  voluntary  admission  is  at  42%  of 
referred cases. https://www.scribd.com/document/608254836/Philippines-Human-Rights-2020-2022, p. 
19. 

23 

 
 
 
Overall,  in  accordance  with  the  State  report  for  HRC,  between  2016  and  2022,  the 
Philippines anti-illegal drug campaign, as monitored by its internal monitoring mechanism, 
#RealNumbersPH, has resulted in the rescue of 4,627 children and the dismantling of 1,382 
illegal drug laboratories and dens (63).  

In February 2021, the Government confirmed that the panel established to investigate cases 
of deaths during drug operations had commenced its initial work and in June 2021, it was 
announced that the panel and the Department of Justice had received access to records on 
alleged misconduct committed during anti-narcotic operations (64). Also in June 2021, the 
prosecutor of the International Criminal Court requested judicial authorisation to proceed 
with an investigation regarding possible crimes against humanity.  

Some  initial  noteworthy  positive  developments  under  the  new  administration  are  the 
Government’s announcement that the focus of the war on drugs will shift  to prevention 
and rehabilitation. While the number is still limited, the first court convictions for extra-
judicial killings in the drug war have in the meanwhile also happened and some efforts are 
being made to move forward the investigation of other cases. 

The Philippines submits periodic reports under the three Conventions to the INCB and UN 
Office  on  Drugs  and  Crime  (UNODC)  on  the  importation,  exportation,  production, 
manufacture, sale, stock, and seizure of any dangerous drug and/or controlled precursor 
and essential chemicals that are intended for medical and scientific use to prevent diversion 
from  the  licit  to  the  illicit  market  (though  the  voluntary  reports  on  consumption  of 
psychotropic substances have stopped since 2018). In 2022 the INCB continued to engage 
in dialogue with the Philippines on drug control policies in the country, including on the 
issues of the alleged extrajudicial targeting of persons suspected of drug-related activity. 
The Philippine authorities are also preparing for a country visit of the INCB which aims to 
provide technical support to the country’s implementation of the drug control conventions. 

5.4.2  UN Convention against Corruption (UNCAC) 

In the reporting period the fight against corruption has been weakened by the creation of 
several  national  commissions  and  task  forces,  which  has  led  to  a  lack  of  clarity  on  the 
responsible institutions. 

Based on the data provided by the National Task Force Against Corruption (TFAC), as of 
March  2022  there  were  343  complaints,  out  of  which  102  were  referred  back  to  the 
complainant with requests for specific details and additional evidence. Unfortunately, the 
Government is not able to provide the estimated economic value of the cases investigated 
by the TFAC. 

Despite  continuous  progress  in  the  areas  of  Anti-Money  Laundering/Combating  the 
Financing of Terrorism (AML/CFT), the Philippines have not yet addressed all its strategic 
deficiencies.  In  2022  the  Philippines  remained  on  the  FATF  list  of  jurisdictions  under 
increased monitoring (the so-called “grey list”).  

(63)  The Government also participates in the campaign against illegal drugs at regional level in accordance 
with the Work Plan of ASEAN on Securing Communities against Illicit Drugs 2016-2025. See National 
report  submitted  pursuant  to  Human  Rights  Council  resolutions  5/1  and  16/21  to  the  Human  Rights 
Council Working Group on the Universal Periodic Review, Forty-first session, 7–18 November 2022. 
A/HRC/WG.6/41/PHL/1  

(64)  https://www.incb.org/incb/en/publications/annual-reports/annual-report-2021.html  

24 

 
 
Legislative  bills  on  the  amendment  of  the  Witness  Protection  Programme  and  the 
establishment of a Whistle-blower Protection Programme remain pending in the Congress.  

The Philippines ranked 116th out of 180 countries with a score of 33 (100 = very corruption 
clean)  in  the  2022  Transparency  International’s  Corruption  Perception  Index (65). 
According  to  the  Global  Corruption  Index  (GCI)  published  in  November  2022,  the 
Philippines in ASEAN are only less corrupt than Vietnam, Laos, Cambodia and Myanmar. 
The TRACE Bribery Risk Index of November 2022 comes to a similar result. 

Conclusions and priorities 

While  the  shift  towards  a  health-based  approach  in  the  drug  policy  is  in  line  with 
international standards, implementation capacity needs to be strengthened to ensure that 
the measures foreseen in the PADS can be rolled out at scale. Demand reduction and 
prevention  remains  under-supported  and  certain  elements  of  the  approach,  such  as 
mandatory testing, controls, treatment, detention, continue to raise concerns. In line with 
the  commitments  undertaken  by  all  UN  Member  States  at  the  2016  UN  General 
Assembly Special session on the world drug problem, access to voluntary treatment of 
people  who  use  drugs  should  be  ensured,  adopting  health-  and  people-centred 
approaches that incorporate human rights; compulsory detention and rehabilitation for 
people who use drugs should not be resorted to, as discouraged by the INCB. At the 
same  time,  serious  deficiencies  in  law  enforcement  need  to  be  addressed,  and 
perpetrators  brought  to  justice.  The  fact  that  House  Bill  7814  geared  towards  the 
reinstatement  of  the  death  penalty  for  certain  drug  crimes  remains  on  the  table  is 
concerning,  as  if  adopted  it  would  be  a  violation  of  the  ICCPR's  Second  Optional 
Protocol. The new Government has stated that it does not intend to reinstate the death 
penalty and seems in the process of reconsidering its approach to drug related problems.  

Compliance  with  the  UNCAC  has  improved.  The  legal  regime  for  the  prevention  of 
corruption  and  asset  recovery  was  found  to  be  generally  sound  in  the  UNCAC 
implementation review 2022, but some weaknesses remain, including the need for better 
inter-agency coordination, preparation of corruption risk assessments, strengthening of 
public procurement rules, and clarifying the rules for asset recovery. 

(65)  https://www.transparency.org/en/cpi/2022  

25 

 
 
 
 
ANNEX: PHILIPPINES – TREATY RATIFICATION AND REPORTING  

Convention 

Ratification status 
Reservations 

Compliance with reporting obligations 
to monitoring bodies 

Human rights conventions 
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 

Labour conventions (66) 
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 
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 

Ratified: 07.07.1950 
Reservations on 
Articles 4, 6, 7, 9 
Ratified: 15.09.1967 
No reservations 

Ratified: 23.10.1986 
No reservations 

Ratified: 07.06.1974 
No reservations 

No reporting obligations 

Compliant with reporting obligations 
•  Last report submitted on 06.07.2021 

(with a 9-year delay). 

Compliant with reporting obligations 
•  Last report submitted on 31.05.2019. 
•  Next report due in 2029. 
Compliant with reporting obligations 
•  Last report submitted 12.01.2022. 

Ratified: 05.08.1981 
No reservations 

Compliant with reporting obligations 
•  Last report submitted on 02.07.2021. 

Ratified: 18.06.1986 
No reservations 

Compliant with reporting obligations 
•  Last report submitted on 21.06.2022. 

Ratified: 21.08.1990 
No reservations 

Compliant with reporting obligations 
•  Last report submitted on 01.03.2019. 
•  Next report due on 19.09.2027. 

Ratified: 15.07.2005  Compliant with reporting obligations 

•  Latest CEACR comments: 2021. 
•  Latest report received in 2020. 
•  Next regular report due in 2023. 

Ratified: 29.12.1953  Compliant with reporting obligations 

•  Latest CEACR comments: 2023. 
•  Latest regular report received in 2022. 
•  Next regular report due in 2025. 

Ratified: 29.12.1953  Compliant with reporting obligations 

•  Latest CEACR comments: 2023. 
•  Latest regular report received in 2022. 
•  Next regular report due in 2025. 

Ratified: 29.12.1953  Compliant with reporting obligations 

•  Latest CEACR comments: 2023. 
•  Latest report received in 2021. 
•  Next regular report due in 2024. 

Ratified: 17.11.1960  Compliant with reporting obligations 

•  Latest CEACR comments: 2021. 
•  Latest report received in 2020. 
•  Next regular report due in 2023. 

Ratified: 17.11.1960  Compliant with reporting obligations 

Ratified: 04.06.1998 
Minimum 
specified: 15 years 

age 

•  Latest CEACR comments: 2023. 
•  Latest report received in 2021. 
•  Next regular report due in 2024. 
Compliant with reporting obligations 
•  Latest CEACR comments: 2021. 
•  Latest report received in 2020. 
•  Next regular report due in 2023. 

15. Convention concerning the 
Prohibition and Immediate Action 

Ratified: 28.11.2000  Compliant with reporting obligations 

•  Latest CEACR comments: 2021. 

(66)  Reservations  do  not  apply  in  the  ILO  system,  so  there  is  no  relevance  to  providing  information  on 

reservations under each of these conventions. 

26 

 
 
 
 
 
 
Convention 

for the Elimination of the Worst 
Forms of Child Labour, No. 182 
Environmental conventions 
16. Convention on International 
Trade in Endangered Species of 
Wild Fauna and Flora 

17. Montreal Protocol on 
Substances that Deplete the 
Ozone Layer 
18. Basel Convention on the 
Control of Transboundary 
Movements of Hazardous Wastes 
and their Disposal 

Ratification status 
Reservations 

Compliance with reporting obligations 
to monitoring bodies 
•  Latest report received in 2020. 
•  Next regular report due in 2023. 

Ratified: 18.08.1981 
No reservations 

Compliant with reporting obligations 
•  Latest (2020) Annual Report (AR) 

submitted on 25.10.2021. 

•  AR for 2019 submitted on 30.10.2020. 
•  Previous annual reports submitted: 2018 

AR on 08.11.2019; 2017 AR on 
08.11.2018; 2016 AR on 30.10.2017; 
2015 AR on 20.10.2016. 

•  Annual Illegal Trade reports submitted 

for 2016 to 2020. 

•  Biennial or Implementation Reports 

lagging behind: (67) Last (2015-15) IR 
submitted on 10.06.2020. Prior IR 
(2013-14) submitted on 02.11.2015. 
Compliant with reporting obligation 
•  Annual data for 2021 have been 

submitted. 

Ratified: 17.07.1991 
No reservations 

Ratified: 21.10.1993 
No reservations 

Compliant with reporting obligation 
•  National report (NR) for 2021 submitted 

on 31.12.2022. 

•  NR for 2020 submitted on 27.12.2021. 
•  NR for 2019 submitted on 30.12.2020.  
•  Previous NRs submitted: 2018 NR on 
20.12.2019; 2017 NR on 27.12.2018; 
2016 NR on 27.12.2017; 2015 NR on 
28.12.2016; 2014 NR on 29.12.2015; 
2013 NR on 29.12.2014; 2012 NR on 
03.01.2014. 

19. Convention on Biological 
Diversity 

Ratified: 08.10.1993 
No reservations 

Compliant with reporting obligation 
•  Sixth National Report submitted on 

20. The United Nations 
Framework Convention on 
Climate Change  

Ratified: 02.08.1994 
No reservations 

02.04.2019. 

•  Previous NRs submitted: NR5 on 

14.11.2014; NR2-NR4 on 06.05.2014. 

Lack of compliance with reporting 
obligations 
•  First NDC submitted 15.04.2021 (68). 
•  Second national communications (NC2) 

submitted 20 Dec 2014. 

•  No Biennial Update Report (BUR) 

submitted to date. 

21. Cartagena Protocol on 
Biosafety 

Ratified: 05.10.2006 
No reservations 

Compliant with reporting obligation 
•  Fourth national report submitted on 

22. Stockholm Convention on 
Persistent Organic Pollutants 

Ratified: 27.02.2004 
No reservations 

19.09.2019. 

•  Previous NRs submitted: NR3 on 
12.05.2016; NR2 on 20.12.2011. 
Lack of compliance with reporting 
obligations 
•  National reports for fourth (due 

31.08.2018) and third (due 31.08.2014) 
reporting cycle overdue. 

(67)  Reporting mandatory, but not subject to compliance procedure. 
(68)  The 
submitted 

Philippines 

Intended 

an 

NDC 

in 

October 

2015; 

see  

https://www4.unfccc.int/sites/NDCStaging/  
pages/Party.aspx?party=PHL 
https://www4.unfccc.int/sites/submissions/INDC/Published%20Documents/Philippines/1/Philippines
%20-%20Final%20INDC%20submission.pdf  

and 

27 

 
 
 
 
Convention 

23. Kyoto Protocol to the United 
Nations Framework Convention 
on Climate Change 
Good governance conventions 
24. United Nations Single 
Convention on Narcotic Drugs 

25. United Nations Convention on 
Psychotropic Substances 
26. United Nations Convention 
against Illicit Traffic in Narcotic 
Drugs and Psychotropic 
Substances 

Ratification status 
Reservations 

Ratified: 20.11.2003 
No reservations 

Ratified: 
02.10.1967 (69) 
No reservations. 
Acceded: 07.06.1974 
No reservations 
Ratified: 07.06.1996 
No reservations 

27. United Nations Convention 
against Corruption 

Ratified: 08.11.2006 
No reservations 

Compliance with reporting obligations 
to monitoring bodies 
•  The fifth report due on 31.08.2022 was 

submitted in November 2022. 

No reporting obligations 

Compliant with reporting obligations 
•  All reports and statistics provided since 
2012 (voluntary reports on consumption 
of psychotropic substances not provided 
after 2018). 
Review by INCB 
•  INCB mission has been requested by the 

INCB since 2017 but not yet taken 
place. 

•  Extrajudicial killings in the context of 

the “war against drugs” are non-
compliant with conventions.  

No reporting obligations. Reviewing by 
UNODC & peer review 
•  Latest executive summary of review 

report (2nd cycle) published on 
19.04.2022 (for discussion at 13th 
session of the Implementation Review 
Group in June 2022). 

(69)  Participation in the Convention by virtue of ratification, accession or succession to the Protocol of 25 

March 1972 or to the 1961 Convention after the entry into force of the Protocol: 07.06.1974 

28