Second Philippine Human Rights Plan (PHRP II) Accomplishment Report:

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

UGNAYANG BAYAN

RAMON M. FALCONNEDA TWG-ICESCR Secretariat

26 October 2015Hive Hotel

Quezon City

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

• a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966 and has 160 State-parties, the Philippines being one of them

• Administrative Order No. 163 mandated NEDA to be the lead agency for coordinating the country’s compliance with the ICESCR.

Rights of every individual guaranteed by the ICESCR

1. Right to self-determination;2. Right to non-discrimination;3. Equal rights for men and women;4. Right to just and fair conditions of work, fair wages, safe and healthy

work conditions5. Right to form and join trade unions, which includes the right to strike6. Right to social security7. Protection and assistance accorded to the family8. Right to an adequate standard of living9. Right to the enjoyment of the highest attainable standard of physical

and mental health;10. Right to education; and11. Right to take part in cultural life, enjoy the benefits of scientific

progress, protection of the moral and material interests

Gaps identified in the PHRP II- ICESCR Chapter

• Housing• Forced eviction and

demolition activities• Health concerns• Migration of health

professionals• Working conditions of

workers• Social security benefits of

the informal sector

• Budget allocation and utilization for education

• Food• Poverty• Unemployment and

Underemployment• Exploration, development

and utilization of mineral resources

ICESCR Thematic ObjectivesTo mainstream the human rights-based approach (HRBA) in development planning and policy

formulation processes at all levels of government

To review and monitor existing legislation related to the promotion and protection of economic, social and cultural rights

To improve access to health care services, enhancing equity of health care and making health care services more affordable

To review all existing legislation enforcing health and safety at work in order to ensure the right of workers to safe and health work conditions, and social security benefits for workers in the informal

sector

To increase budget allocation, in national and local budget, for educational services

To implement programs and projects targeting poverty stricken and armed conflict areas

Enactment of a law making the Department of Agrarian Reform Adjudication Board (DARAB) as an independent body

To monitor the wage boards and regulatory agencies

To harmonize areas of conflict in the implementation of the provisions of the Mining Law and Indigenous People's Rights Act (IPRA)

Report Preparation Process Request for

Agency Inputs

Writing of Draft Report per

Thematic Objective

Presentation of Draft Report & Validation

with Agency

Finalization of Report

Submission of Report to PHRC

Agencies Involved in the Validation of the ICESCR Report

Accomplishments

Thematic Objective 1:To mainstream the Human Rights-Based

Approach (HRBA) in development planning and policy-formulation processes at all levels

of government

Accomplishments

Mainstreamed HRBA Conducted

HRBA capacity building activities

HRBA Executive Course in

Governance

HRBA Refresher Course to

Development Planning

Issuedguidelines to

integrate HRBA

Integration in MTPDP/RDPChapter 7:Good Governance and the Rule of LawChapter 8: Social DevelopmentChapter 9: Peace & Security

Issued JMCs to integrate HRBA in local government

plansDILG-CHR JMC No.1, S. 2014:

Mainstreaming HR through the Rule of Law and Access to

Justice at the Level of Provinces, Cities, Municipalities

and barangays

DBM-DILG-DSWD-NAPC JMC No. 6: Policy Guidelines &

Procedures in the Implementation of the Bottom-

Up Budgeting Projects for FY 2015

PCW-DILG-DBM-NEDA JMC No. 2013-01: Guidelines on the

Localization of the Magna Carta of Women

Guidelines in mainstreaming HRBA principles

in the MTPDP/RDP

Guidelines for mainstreaming

child rights in all levels of

development planning

In government systems/processes:Use of conflict-sensitive and peace-promoting (CSPP) approach

Thematic Objective 2:To review and monitor existing legislation

related to the promotion and protection of economic, social and cultural rights

• Passage of eleven (11) ESCR-related landmark legislations:Accomplishments

Responsible Parenthood and Reproductive Health Act of 2012

National Health Insurance Act of 2013

Sin Tax Reform Law 2012

Mandatory PhilHealth Coverage for all Senior

Citizens (2014)Kindergarten Education

Act of 2012Enhanced Basic

Education Act of 2013

The Open High School System Act of 2015

The Domestic Workers Act or Batas

Kasambahay of 2013

The Expanded Anti-Trafficking in Persons

Act of 2012

Accomplishments

Approval of HLURB Board Resolution 890:IRR for Section 18 Balanced Housing Development of RA 7279 Urban Development and Housing Act of 1992

Issuance of Guidelines on the conduct of Pre-Demolition Conference

Conduct of multi-sectoral consultation-workshops: 1) National Urban Development & Housing Framework (NUDHF) enhancement 2) National Housing Summit

Provision of direct housing assistance to 576, 335 households through the National Shelter Program (NSP) for the period 2012 to 2014

Appropriation of Php 50 billion Housing Program fund for ISFs Living in Danger Areas in Metro Manila

Thematic Objective 3:To improve access to health care services,

enhancing equity and quality of health care and making health care services more

affordable

• Significant DOH budget increase from PhP 24.6 billion in 2010 to PhP 87 billion in 2015 resulted to:

Accomplishments

• 2,862 Barangay Health Centers• 2,626 Rural Health Units (RHUs)/Municipal Health Centers• 685 LGU Hospitals and other health facilities

Upgrading of government health facilities

• 52,730 nurses as trainees for 6 mos. under the Registered Nurses for Health Enhancement and Local Service (RNheals) program

• 24,401 nurses through the Nurse Deployment Program• 178,362 Community Health Teams to underserved Filipino

families

Increase deployment of health human resources

• Full government subsidy of all indigents’ insurance premium• Case Rate system• No Balance Billing (NBB) in government hospitals• TseKap Tamang Serbisyo sa Kalusugan ng Pamilya- Expanded

primary care benefit package • Alamin at Gamitin (ALAGA KA) Program

Expansion of health insurance coverage and benefits

Thematic Objective 4:To review all existing legislation enforcing

health and safety at work in order to ensure the right of workers to safe & healthy work conditions, and social security benefits for

workers in the informal sector.

AccomplishmentsMandatory

Occupational Safety & Health (OSH) Training

Provided76,180 participants from 29,923 companies trained on

Basic Occupational

Safety and Health (BOSH)

and Construction

Safety Training (CST)469

participants completed e-

BOSH

Programsfor the Workers in the informal sector

(WIS)Partnership

with Cooperatives, Microfinance

Institutions and Organized

Groups ALkanSSSya Program for the Self-employed in the Service

Sector

Subsidy Program for the Working poor

Technical Services Provided

monitored 112 construction projects with

recommendations provided

Conducted work environment

measurement to 1,207

companiesConducted

Personal Protective

Equipment (PPE) test for 6,782

specimens

Conducted Occupational

Health Examinations to 7,170 workers

from 138 companies

Accredited 81 organizations

and 189 consultants

Researches Conducted &

Modules Developed

Completed 24 researches

Formulated BOSH modules for the mining sector, BPOs, and the bus

transport

Thematic Objective 5:To increase budget allocation, in national and

local budget, for educational services

Particulars 2010 2011 2012 2013 2014 MEANTotal Education, Culture & Manpower Development (in million pesos)

240,585

271,493

299,958

330,181

383,081 305,060

As a Percentage of the Total Budget 15.62 16.50 16.52 16.46 16.92 16.40As a Percentage of GDP 2.67 2.80 2.84 2.86 3.03 2.84

Education Sub-sector Budget Allocation (2010 -2014)

Accomplishments

The 16.40 mean percentage share of the education budget to the national budget for the period 2010-2014 exceeded the UNESCO’s recommendation of at least 15 to 20 percent of the national budget.

Particulars 2010 2011 2012 2013 2014 MEANDepEd Budget (in million pesos) 174,743

207,037

238,434

293,359

309,435 244,601

As a Percentage of the Education Sector Budget 72.63 76.26 79.49 88.85 80.78 80.18As a Percentage of the Total Budget

11.34

12.59

13.13

14.62

13.66 13.07

As a Percentage of GDP

1.94

2.13

2.26

2.54

2.45 2.26

DepEd Budget Allocation (2010 -2014)

Accomplishments

Within the education sector, the biggest allocation was allotted to DepEd for the period 2010-2014

AccomplishmentsSlight improvement in the

completion and cohort survival rates at the elementary level

Cohort Survival Completion Net Enrolment Rate0

102030405060708090 78.83 74.23

64.380.5 77

64.9

Performance in Secondary

2011 2013

Cohort Survival Completion0

102030405060708090

73.76 78.8380.63 80.5

Performance in Elementary

2011 2013

Slight increase in the completion, cohort survival and net enrolment rates at the secondary level.

Decrease in the number of out-of-school children ages 5-15 from 11.7%(2.9 M) in 2008 to 5.2% (1.2M) in 2013 (PIDS Study)

Thematic Objective 6:To implement programs and projects

targeting poverty stricken and armed conflict areas

Accomplishments

• Social protection packages for former combatants and/or next-of-kin

• Capacity-building for local government institutions

• Technical support to indigenous peoples

PAyapa at MAsaganang PamayaNAn (PAMANA)

• Aims to uplift and develop health, education and livelihood conditions in the Bangsamoro communities

Sajahatra Bangsamoro Program

(SBP)

Accomplishments

•4,455,116 HH beneficiaries served (31 Dec 2014) under Pantawid Pamilyang Pilipino Program (Pantawid Pamilya)

•6,611 of 10,008 subprojects completed (Dec 2014) under Kapit-Bisig Laban sa Kahirapan-Comprehensive and Integrated Delivery of Social Services (KALAHI-CIDSS)

•478,281 poor HH served under Sustainable Livelihood Program (SLP)

Convergence or TATSULO

•295 core shelter units completed and turned over in North Cotabato (2012)

•1,632 core shelter units constructed; 206 units (ongoing); 462 units for implementation in ARMM

•2,520 core shelters completed/awarded in Maguindanao

Shelter assistance

projects for internally displaced families

Accomplishments• Microfinance Program - led by the

People’s Credit and Finance Corporation (PCFC)

• Community-Based Employment Program (CBEP)

• Private Education Student Financial Assistance (PESFA) Program

• Student Grants-In-Aid Program for Poverty Alleviation (SGP-PA)

• Accelerated and Sustainable Anti-poverty Program (ASAP)

NGA-GOCCs, GFIs, LGUs and SUCs

partnership programs

• involves grassroots organizations and LGUs in the identification of priority poverty reduction projects that will be funded by NGAs

Bottom-Up Budgeting Program

Thematic Objective 7:To enact a law making the Department of

Agrarian Reform Adjudication Board (DARAB) as an independent body

Accomplishments

Filed House Bill 721 “An Act Creating the National Agrarian Reform Adjudication Commission” on 05 July 2010 (pending for review)

Installed 7,842 agrarian reform beneficiaries (ARBs) in previously

contentious private landholdings from 2012 to 2014

Engaged CSOs in dialogues to

address complaints and grievances

Regularly posted and updated the list

of landholdings with/ or w/out NOC in the DAR website

Resolved 156,087 Agrarian Law Implementation (ALI) cases during the

period 2012 to June 2015Developed and

Usage of OpTool System in

monitoring movements of

landholdings and actual

accomplishments

Reactivated the MOA with the DOJ,

AFP and DND on security and peace

enforcement during installation of

farmer beneficiaries in their

landholdings

Thematic Objective 8:To monitor the wage boards and regulatory

agencies

AccomplishmentsEstablished government mechanisms that guarantee compliance with the labor standards and labor relations provisions

Issuance of wage advisories

5 Wage Orders issued

in NCR, VI, IX, X and Caraga

Advisories being finalized in

Regions III, XI

Passage of Laws that enhanced participation of

social partners

RA 10395 “Strengthening Tripartism and

Social Dialogue” RA 10396,

“Strengthening Conciliation and

Mediation as Voluntary Mode of

Settling Labor Disputes”

Implementation of Labor Laws Compliance System

(LLCS)

100% of the initial target

establishments of 76,880 covered100 percent of establishments

with deficiencies provided with appropriate

assistance leading to compliance

Thematic Objective 9:To harmonize areas of conflict in the

implementation of the provisions of the Mining Law & Indigenous Peoples’ Rights Act

(IPRA)

Accomplishments

SDMP

Enterprise Dev’t. &

Networking

Infrastructure Dev’t. &

Support Services

Education &

Educational Support

Programs

Health Services,

Facilities & Health

Professionals

Protection & Respect of Socio-Cultural Values

Use of mine camp or plant site facilities/ services

Human Resource Dev’t. &

Institutional Building

• Around 711 barangays are benefitting in the implementation of the Social Development and Management Program (SMDP) and Community Development Program (CDP) as of January 2015.

• Mining companies to spend a total of Php P6.365 Billion in compliance with the approved SDMP/CDP.

• Approved SDMP and CDP are being monitored quarterly as to its implementation by the Mines and Geosciences Bureau Regional Offices.

Areas of Concern of Social Development and Management Program (SDMP)

Challenges in meeting the Thematic Objectives

• Lack of comprehensive and disaggregated database system

• Weak enforcement of the law (i.e., against professional squatters)

• Weak coordination with targeted beneficiaries • Conflicting interests (i.e., between target

beneficiaries and LGUs)• Constrained resources • Delays in project design, approval, contracting

and completion

Ways Forward

• Mainstream HRBA in the next Philippine Development Plan (PDP) formulation;

• Strengthen partnership and collaboration between duty-bearers and claimholders in the course of monitoring the implementation of policies and programs that advance economic, social and cultural rights;

• Enhance the technical capacity of planning committees and implementing agencies both at the national and regional levels to harmonize plan formulation, implementation and monitoring of results;

• Institutionalize mechanisms that would help improve the monitoring and validation of accomplishments (i.e., database system); and

• Lobby the passage of priority legislative measures

Thank you!