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Human Rights Situation in the Philippines: An Overview Presented by Nymia Pimentel-Simbulan, Dr PH Executive Director Philippine Human Rights Information Center State Obligations to HR Philippine government is a State party to key HR instruments, i.e. it has ratified & committed itself to respect, protect & fulfill its obligations to these numerous international HR treaties/covenants As of December 2008, the Philippine government has ratified virtually all the key HR treaties/conventions adopted by the UN General Assembly. HR Treaties Ratified by GRP HR Treaty Status Date Ratified ICERD (3/ 7/’66) Ratified 15 Sept. 1967 ICESCR (12/6/66) Ratified 7 June 1974 OP-ICESCR (12/10/08) ------ ------ ICCPR (12/16/66) Ratified 23 Oct. 1986 OP-ICCPR (12/16/66) Ratified 22 Aug. 1989 CEDAW (12/18/79) Ratified 5 Aug. 1981 OP-CEDAW (10/6/99) Ratified 12 Nov. 2003 CAT (12/10/84) Acceded 18 June 1986 OP-CAT (12/18/2002) ------ ----- HR Treaties Ratified by GRP HR Treaty Status Date Ratified CRC (11/20/89) Ratified 21 Aug. 1990 OP-CRC-CIAC (5/25/2000) Ratified 26 Aug. 2003 OP-CRC-Sale of Children, Prostitution…(5/25/00) Ratified 28 May 2002 Ratified 20 Nov. 2007 Ratified 5 July 1995 OP2-ICCPR (Abolition of the DP) (12/15/89) Int’l Convention on the Protectn of Rts. of All Migrant Workers & Members of Their Families (12/18/90) HR Treaties Ratified by GRP HR Treaty Status Date Ratified Conventn on the Rts. of PWDs (12/13/2006) Ratified 15 April 2008 ------- ------ OP-Conventn on the Rights of PWDs (12/13/2006) Conventn Against Corruption Ratified (October 2003) Int’l Conventn for the Protectn of All Persons from Enforced Disappearance (12/20/2006) -------- 16 November 2008 --------- Source: http://www2.ohchr.org/english/bodies/ratification [Accessed: 31 Dec. 2008] HR and the new administration As newly elected leaders assume office in the next few weeks, they will be facing numerous challenges/obstacles/threats which are clear indicators of gross human rights violations perpetrated under the GMA government. Poverty Situation 530,642 increase in the number of poor FAMILIES between 2000 and 2006 to 4.7M poor families in 2006 (NSCB) 2.1M increase in the number of poor FILIPINOS between 2000 and 2006—to 27.6M in 2006 (NSCB) Net income of the Top 1000 corporations in the Philippines increased 490% between 2001 and 2007, from P116B to P686 B (BW) Net worth of just the 20 riches FILIPINOS was P801B (US$15.6B) = to the combined income for the year of the poorest 10.4M Filipino FAMILIES (Forbes Asia, NSCB) RIGHT TO FOOD ESCR: Right to Food Rising costs of basic commodities & services have resulted to a deterioration in the quality of food consumed by Filipino families to rice and instant noodles, a way of adapting to a life of deprivation. The series of natural & human-made calamities during the past years (supertyphoons, volcanic eruption, flash floods & armed conflicts) have further aggravated the people’s enjoyment of the right to food, particularly the economically disadvantaged population in the agricultural sector. Hunger & malnutrition are concrete indicators of the violation of the right to food affecting primarily the vulnerable sectors namely children, women & the elderly, in urban and rural poor communities. ESCR: Right to Food Since June 2004, hunger incidence has been in double digits, with the highest recorded in December 2008 (23.7% or about 4.3 million households). (SWS) In a hunger survey conducted by SWS during the 1st quarter of 2009, an estimated 2.9 million families said they experienced involuntary hunger at least once during the period. (http://www.bworldonline.com/Research/populareconomics.php?id= 0103 April 3, 2009, Cabarles) In another SWS survey, the hunger figure was placed at 20.3% as of June 2009. This translates to 3.7M families or 1 in 5 families having nothing to eat in the last 3 months. (Business World, 07/27/09) ESCR: Right to Food ■ The NSCB has classified 12.22 million Filipinos as food-poor (NSCB) Estimates put it that about 6M children suffer from hunger & malnutrition forcing the Arroyo government to launch a 10-year program to attain nutritional sufficiency. (Standard Today, 10/9/06) ESCR: Right to Food The Philippines ranked 9 in the UNICEF report (2009) among developing nations with the largest numbers of children under five years old who were moderately or severely stunted last year (2008). This translates to 3.617 million Filipino children below five years old suffering from malnutrition or 3 out of 10 under-5 years old Filipino children are malnourished Source: http://beta.bworldonline.com/main/content.php?id=1451 Friday, November 13, 2009 ESCR: Right to Food Add to these figures: 800,000 children who are thin for their height last year, 642,000 Filipino children who are moderately to severely thin, and 171,000 who are classified as severely thin. Source: http://beta.bworldonline.com/main/content.php?id=1451 Friday, November 13, 2009 ESCR: Right to Food In the 90s, access to water was estimated at 87%. By 2002, this declined to 85%; in 2006, it had further gone down to 80% (National Water Regulatory Board). ESCR: Right to Food Furthermore, the prices of basic commodities have continuously gone up. Price of rice increased 68% between 2000 and 2008 (DA) Regular milled rice to P29.38 per kilo (from P17.59) Well-milled rice to P32.71 per kilo (from P19.45) ESCR: Right to Food In 2001, diesel averaged P13.96 per liter and gasoline P16.58—In 2008 diesel averaged P44.31 per liter and gasoline P45.92 (IBON monitoring) Peso price per liter of Dubai crude increased by an ave of P0.16 per month since Jan 01- yet pump price of diesel has increased by P0.26 per month. Right to Food: Government Response To address the hunger problem in the country, the GMA government launched the Accelerated Hunger Mitigation Program (AHMP) which included anti-hunger programs like the Tindahan Natin (P8.6B) and Bigasan sa Parokya (P1.5B). In a food insecurity & vulnerability information mapping, 49 out of 77 provinces (63.6%) have been identified as vulnerable to food insecurity. Source: http://www.fivims.org/index.php?option=com_content&task=view&id=20&Ite mid=55 (Accessed: 15 Feb 2009) Right to Food: Government Response The questionable PhP3.5M Food-for School Program (FSP) incorporated by the Arroyo government in the 2007 national budget has been another response of the GMA government to address the hunger & malnutrition problem of children in the country. Right to Food: Government Response Rice imports increased 280% from 639,000 tons in 2001 to a record 2.4M tons in 2008. (DA) Agrarian Reform & the Right to Food GMA Government promised to distribute 200,000 ha. annually for land reform program DAR distributed an ave. of 119, 301 has. annually (2001-2008) o Estrada – 121,274 ha. (1999-2000) o Ramos – 296,395 ha. (1993-1998) o Aquino – 169,063 ha. (1987 – 1992) Agrarian Reform & the Right to Food 1,173,786 hectares of agricultural lands still to be distributed, mostly sugar and coconut lands owned by influential families Since 2001, 415 cases of agrarian-related human rights violations (harassment and killings of farmers) have been committed which to this day remain unsolved. (PARRDS) RIGHT TO WORK ESCR: Right to Work Unemployment continues to be a serious economic and social problem in the country ESCR: Right to Work True unemployment rate averaged some 11.2% (NS0, IBON) 621,000 increase in unemployment between Jan 2001 and Apr 2009 to 4.2M (NS0) Of the 60M Filipinos 15 yrs and above, 7.3% (4.38M) are unemployed while 19.7% (11.82M) are underemployed (NSO, Jan.2010) 1.9M increased in underemployment between Jan 2001 and Apr 2009 to 6.6M (NS0) ESCR: Right to Work Combined unemployment and underemployment increased 2.5M between Jan 2001 and Apr 2009 –to 10.8M (NSO) Part-time work increased by 5.9M and now accounts for 14.3M or 2 out of 5 of all jobs. (NSO) 990,000 Filipinos forced to work abroad annually (DFA-CFO) About 3,000 Filipinos leave the country daily to look for jobs abroad. ESCR: Right to Work Low wages continue to be a serious obstacle in enabling workers, peasants, fisherfolks, employees to provide for themselves & their families with the barest necessities for survival. A study of the National Wages & Productivity Commission (NWPC) indicated that the living wage for a family of 6 in Metro Manila is PhP871 daily to cover for food, non-food & other essential expenses. (http://newsinfo.inquirer.net/inquirerheadlines/metro/view/20080609141555/Workers-want-P80-not-P20-wage-hike [Accessed: 31 Dec 2008]) ESCR: Right to Work Region Agriculture (in Pesos) Non-Agriculture (in Pesos) Plantation NonPlantation National Capital Region Php 345 - 382 Php 345.00 Php 345.00 Cordillera Administrative Region (CAR) 243 – 260.00 226 - 242 226 - 242 Reg. VII (Central Visayas) 222 – 267.00 202 - 249 202 - 249 Reg. XI (Davao Reg.) 265.00 255.00 255.00 ARMM 210.00 210.00 210.00 Source: http://www.nwpc.dole.gov.ph/pages/statistics/stat_current_regional.html [Accessed: 31 Dec 2008] ESCR: Right to Work Nominal min. wages in NCR increased from P252 in 2001 to P382 in 2008 –true increase is only worth P12 because of inflation. (DOLE, NWPC) ESCR: Right to Work The discrepancy between the daily minimum wage with the estimated daily living wage for a family of 6 has compromised the living conditions of ordinary Filipinos, consequently undermining their rights to life, food, health, education & housing. In the name of survival, they make do with whatever they can afford in terms of cheap & low quality food items, substandard housing facilities, unsafe water sources, poor sanitation, ill health practices/self-medication, hazardous environment, & low education. Even with two members of the family working, the combined family earnings would still be insufficient to provide for a decent life for the family. In Payatas, scavengers earn only Php150 or less a day after working for 9 hours. Source: http://bulatlat.com/main/2008/12/20/ in-the-miserable-depths-of-poverty/ [Accessed: 31 Dec. 2008]) ESCR: Right to Work Contractualization or flexibilization in employment 7 out of 10 firms in the country practice contractualization, according to Mr. Donald Dee, Pres. of the Employers’ Confederation of the Philippines. ESCR: Right to Work Some of the worst "contractualizers" include: 1. Eduardo "Danding" Cojuangco's San Miguel Corporation (SMC) conglomerate (1,100 regulars out of its 26,000 total workforce) 2. Henry Sy's SM Shoemart (1,300 regulars out of 20,000 total workers); and 3. Manny Pangilinan's Philippine Long Distance Telephone Company (4,100 regulars out of 10,000 workers). ESCR: Right to Work Workers’ rights violated in the contractualization of labor: Right to security of tenure (5-month contracts) Right to just wages & other benefits Trade union rights such as the right to form unions & right to strike While in 1995 14.6 percent of the labor force was still unionized, 2007 data show a much-reduced 5.6 percent or 16,861 unions with a total membership of 1,893,000 workers. Source: Bulatlat. The Philippine Labor Situation. http://www.bulatlat.com/2008/08/philippine-labor-situation (Accessed: 15 Feb 2009) Right to Work: Government Response Government response to the unemployment problem: Change definition of unemployment Labor export and Business-process outsourcing (BPO) Source: Bulatlat. The Philippine Labor Situation. http://www.bulatlat.com/2008/08/philippine-labor-situation (Accessed: 15 Feb 2009) Right to Work: Government Response Unemployment: New Definition In April 2005, a new definition of unemployment started to be used by the NSCB, consequently affecting unemployment figures in the country. Under the new definition, an unemployed person is one who satisfies the 3 criteria: 1. Without job or business 2. Looking for work during the last 2 weeks 3. Available for work which constitutes the new criterion in the definition of unemployment Right to Work: Government Response Labor export Total labor force: 36,450,000 Officially employed: 33,536,000 More than 8.7M Filipinos are living and working abroad in 190 host countries About 3,000 Filipinos leave the country daily to look for jobs abroad. Right to Work: Government Response Business Process Outsourcing (Call Centers) BPO industry grew from 5,600 employees and US$56M in revenues in 2001 to 372,000 employees and US$6.1B in revenues in 2008 (NEDA) In 2008, BPO sector accounted for just 1.1% of total employment and only some 2% of GDP. (IBON computations on NSCB data) Manufacturing sector shrunk to as small as in the 1950s - 23.1% of GDP (2008). (NSCB) RIGHT TO EDUCATION ESCR: Right to Education From 2001-2009, government allotted only 15.1% of the national budget to education (DBM) In the 2009 budget, the allotment for education grew by almost P20 billion from the previous year. This translates to government spending of P6 per Filipino per day on education in 2009 while paying the equivalent of P21 on debt service (IBON computation on DBM data) ESCR: Right to Education In terms of share of the national budget, however, the amount received by education in 2009 actually shrank to just 11.87 percent, from 12.2 percent in 2008. This represented a drop to only 2.36 percent of GDP, from 2.5 percent in the previous year. On a per student basis, the investment on education has been declining in real terms. Source: Tita C. Valderama. Gloria & her SONAs: Long on show, short on substance. PCIJ, July 24, 2009 ESCR: Right to Education United Nations Educational, Scientific and Cultural Organization (Unesco) sets the minimum share of education in the national government budget at six percent (6%) of the Gross Domestic Product (GDP). The country allots only about 3% of its gross national product to education, which according to foremer DepEd Secretary Jesli Lapus is way below the international standard of 6%. Source: Tita C. Valderama. Gloria & her SONAs: Long on show, short on substance. PCIJ, July 24, 2009 ESCR: Right to Education In a 2008 UNESCO Study, while the Philippines was noted to have “sustained high enrolment levels” it experienced a decline in survival. Among major problems identified in the study besetting the educational sector were: 1. dilapidated/unfit school buildings & classrooms, 2. inaccessibility of schools from residence of children, and 3. lack of fundamental learning resources like libraries Source:http://www.bworldonline.com/Research/economicindicators.ph p?id=0263 Febraury 4, 2009 ESCR: Right to Education Along with Vietnam, Myanmar, Thailand and Indonesia, the Philippines was described in the Unesco study as one of the countries “facing the greatest challenge in the number of out-of-school children,” with each aforementioned country having “more than 400,000 children not enrolled in 2005.” ESCR: Right to Education Elementary participation rate dropped to 84.4% in SY 2005-2006, from 90.1 percent in SY 2001-2002 (DepED) 44.5% of household heads only had elementary level education at most (2003 Family Income and Expenditure Survey) ESCR: Right to Education Net Enrollment Ratio Drop-Out Rate Period Elem Hi School Elem Hi School 2004-05 87.1 60.0 7.0 8.0 2005-06 84.4 58.5 7.3 12.5 2006-07 83.2 58.6 6.4 8.6 2010-11 73.0 83.7 4.3 8.1 Source: http://www.bworldonline.com/Research/economicindicators.php?id=0263 h Febraury 4, 2009 t ESCR: Right to Education OSC/Y increased by 2.45M between SY 20002001 and 2008-2009 to reach 4.69M (DepEd) Elem – increased by 1.62M to reach 2.04M HS – increased by 822,097 to reach 2.66M 11.6 million Filipinos aged 6-24 years are out of school (NSO) 1.95M directly due to deterioration of participation rates during the Arroyo admin. Elem – 96.8% in 2000-01 to 85.1% in 2008-09 HS – 66.1% to 60.7% over the same period. RIGHT TO HEALTH ESCR: Right to Health The low priority given by the State on the people’s right to health can be gleaned in the health budget through the years. From 2001-2009, the GMA allotted only 1.8% of the national budget to health (DBM). ESCR: Right to Health In the 2009 General Appropriations Act, only 1.7% of the total budget went to health. The Department of Health’s budget for 2009 was P23.7 billion, the highest in history yet equivalent only to just 0.32% of 2008 gross domestic product (GDP). ESCR: Right to Health The government run on an unprecedented P1.414 trillion budget, with debt servicing taking up almost a fifth or P253 billion of the 2009 National Budget. For an estimated population of 92.2 million in 2009, per capita health spending in the 2009 budget was just P257 per Filipino or merely 70 centavos a day. Source: http://www.bworldonline.com/Research/economicindicators. php?id=0318 August 19, 2009 ESCR: Right to Health The health budget is way below the 5% of GDP recommended by the World Health Organization (WHO) for developing countries like the Philippines. ESCR: Right to Health The low priority given by the Arroyo government on health has branded the Philippines among the worst in Southeast Asia when it comes to providing health services to its people. The WHO, in its World Health Statistics 2009, ranks the country 5th out of 11 countries in the region in terms of government spending as a share to total health spending for 2000. The Philippines was only ahead of Laos, Cambodia, Vietnam, Myanmar and Indonesia. Source: http://www.bworldonline.com/Research/economicindicators.php?id=0318 August 19, 2009 ESCR: Right to Health Growth in the utilization of health services available at health facilities in the country has declined at an average annual rate of 6.9% over the 1998-2007 period, according to ADB data. Government hospital use declined at an annual rate of 4% from 1998-2007 Private hospital use declined at a sharper annual rate of 6.8% for the period 1998 to 2007. Source: http://www.bworldonline.com/Research/populareconomics.php?id=0 125 September 11, 2009 ESCR: Right to Health The biggest drop in health facilities’ utilization was registered in the use of rural health units (RHUs) and private clinics, declining by 8.9% and 8.4% per annum over the period 1998-2007, respectively, the ADB said. “Over the period, there has been a shift of trend in utilization of a health facility among the Filipinos toward government hospitals and away from primary public health facilities such as RHUs and BHSs.” (ADB Study, 2009) ESCR: Right to Health The ADB study attributes the sharp decline in health service availments among the poor to the ff factors/reasons: 1. Lack of ability to pay for health services so that the poor postpone seeking care until the illness severely affects/hinders the mobility & economic activity of the individual 2. High cost of medicines/pharmaceuticals in the country which were among the highest in Asia, 3. Failure of health care supply to keep pace with population growth which may be due to scarcity of materials, lack of staff and equipment. Source: http://www.bworldonline.com/Research/populareconomics.php?id=0125 September 11, 2009 ESCR: Right to Health Lack of health staff in health facilities & hospitals is primarily due to uneven distribution of health personnel across regions and/or mass exodus of health professionals abroad. Lack of jobs, low pay & lack of opportunities for professional growth have been push factors for the mass exodus of Filipino health professionals for abroad. The right to health of Filipinos has been compromised with public health facilities closing down, especially in the provinces, due to the lack of doctors & nurses. ESCR: Right to Health The mass exodus of health workers & professionals has led to Heightened disparities & inequities Decrease in health services coverage Decline in the nurse-patient ratio In 2004, there were only around 4 doctors and 5 nurses for every 100,000 Filipinos. ESCR: Right to Health Health continues to be a low priority for most Filipinos because of their inability to access affordable, quality health goods & services like drugs & medicines Across income groups, self-care is the most prevalent behavior (50%-64%) The poorest consult a doctor least and consult a traditional healer the most. Source: 1993 DOH-PIDS Household Survey RIGHT TO HOUSING ESCR: Right to Housing MTPDP for 2004-2010 placed the housing backlog at 1,170,800 units. Only 0.5% of the 2009 national budget is allocated to housing Source: http://www.bworldonline.com/BW090809/content.php?id=054 September 8, 2009 ESCR: Right to Housing According to Prof. Cielito Habito, former NEDA Director, the Philippines was behind its Asian neighbors with only 0.089% of GDP spent on housing from 2000-2007. Compare this figure to other Asian countries, namely: Singapore -2.089% of GDP Thailand - 0.742%; and Bangladesh - 0.354% Source: http://www.bworldonline.com/BW090809/content.php?id=054 September 8, 2009 ESCR: Right to Housing In 2005-2006, 80,000 families were evicted due to the Northrail and Southrail projects. Only 50% were given relocation and one-fourth of the evictions were violently conducted (Urban Poor Associates) Common HR violations experienced by urban poor residents include: 1. Violent & illegal demolitions and 2. Failure to provide appropriate relocation areas HR and the new administration The new administration will also wrestle with the shadows of impunity cradled by the previous regime as evidenced by: - extrajudicial killings - enforced disappearances - illegal arrest & detention - cases of torture - displacements due to militarization & development aggression HR and Corruption The new leadership will also be confronted by the numerous scandals of graft & corruption cases which characterized the GMA administration. P20.9B (US$430M) in total kickbacks, ill-gotten wealth and payoffs were recorded in just 17 major corruption cases under the Arroyo administration. HR and Corruption 1. Industrias Metalurgicas Pescarmona Sociedad Nonima (IMPSA) – allegedly US$14 M in payoffs 2. PIATCO-NAIA Terminal 3 project – US$20-70 M 3. PEACE Bonds – PhP1.4 B commission for allies 4. Jose Pidal accounts – laundered PhP300-400 M 5. Arroyo’s US properties – US$7.1 M 6. Fertilizer funds – PhP728 M Source: Pagbabago! People’s Movt for Change Research Working Group HR and Corruption 7. Quedancor swine scam – Php 728M for presidential election campaign 8. North Luzon Railways Project (NorthRail) – US$503 M 9. Diosdado Macapagal Boulevard – PhP536 M overprice 10. Jueteng Pay-offs – PhP500,000 - PhP1 M monthly kickback 11. Mega-Pacific Poll automation contract – PhP 500 M overprice 12. Malacañang cash handouts to congressmen/LGUs – US$3.8M Source: Pagbabago! People’s Movt for Change Research Working Group HR and Corruption 13. Military comptrollers scandal (Euro Generals) Euros 106,000 14. Mismanaged PAGCOR/GSIS funds – hundreds of millions of pesos 15. NBN-ZTE scan – US$329project; US$130M kickback 16. Cyber-Education Project – PhP 27B 17. World Bank-funded National Road Improvement and Management Project-1 (NRIMP-1) expose - $30-45M lost to bribes to cartels backed by DPWH officials (EC De Luna Construction Corp.) Source: Pagbabago! People’s Movt for Change Research Working Group HR and Corruption Effects of corruption: Indicative of weak/poor governance Diverts resources to private interests Results to HRVs –poor deprived of resources for the fulfillment of ESC rights like food, water, health, education, shelter, etc. Flaws of the past The Arroyo administration’s unsatisfactory human rights performance could be traced to the following: - Lack of clear HR agenda. All of past GMA’s SONAs hardly touched on human rights, an indication of the scant respect & importance this administration has accorded to people’s freedoms and entitlements. Flaws of the past - the need to stifle dissent in the face of exploding scandals (Hello Garci, NBN-ZTE) and ensure political survival - anti-insurgency campaigns (leftist and Moro rebels) that focused more on military victory rather than addressing root causes of rebellion/insurgency - lack of moral ascendancy to uproot corruption Flaws of the past - adherence to neo-liberal policies that led to lack of investment to and privatization of infrastructure and basic social services, and opening of local industries and products to unfair competition. - the aggressive promotion of the country as haven for foreign mining companies resulting to untold sufferings and abuses against local and indigenous communities and to the environment. Flaws of the past - adoption of a debt-driven development strategy and automatic appropriation of huge chunk of the national budget to debt servicing at the expense of delivery of basic services. - reliance on foreign loans and funding rendering the country’s economic development strategy hostage to the neoliberal impositions of international financial institutions such as the IMF, WB, and WTO. Human Rights Situation The newly elected administration should put human rights at the heart of governance to erase its predecessor’s legacy of impunity and relegation of its duties to its people. Max M. de Mesa Human Rights & Peace Agenda To contribute to this endeavor, the human rights community is putting forward the following 10-Point Human Rights & Peace Agenda: 1. Ensure respect for HR & Rule of Law 2. Reform the security forces & judiciary 3. Review the Counterinsurgency plan & establish a truth & reconciliation mechanism 4. Provide sustainable rehabilitation and resettlement assistance to IDPs 5. Integrate human rights principles in the Medium Term Dev’t Plan Human Rights & Peace Agenda 6. Advance the social and cultural rights of the people 7. Pursue the promotion and protection of children and women’s rights 8. Respect and protect the rights of IPs & Moro people 9. Promote the economic rights of the people 10. Fulfill the State’s int’l HR commitments & obligations to UN Treaty Monitoring Bodies Salamat Po. Dignity and Justice for All!