1. This submission was prepared through facilitation of the Philippine Alliance of Human Rights Advocates (PAHRA) with assistance of the Philippine Human Rights Information Center (PhilRights) in coordination with sixty-three (63) civil society organizations (see annex 1). Four (4) national workshops and consultations including one with Commission on Human Rights of the Philippines (CHRP) were conducted to gather inputs and recommendations for this report.
II. Issues and concerns on the promotion and protection of human rights on the ground and implementation of international human rights obligations
2. During this UPR review period, Philippines adopted domestic laws that mirror international human rights instruments, such as Anti-Torture Law or Republic Act 9745, criminalization of violations of International Humanitarian Law (IHL) or Republic Act 9851, Magna Carta for Women, anti-child pornography law of 2009 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) and Rome Statute of the International Criminal Court.
3. The Aquino government stated that human rights would be a pillar of his governance, a basis of his development plans and the core of the paradigm shift in the security sector. However, after one and a half years in power, it still has no clear human rights agenda with the draft National Human Rights Action Plan (NHRAP) still waiting presidential approval.
4. Furthermore, human rights violations persist while the culture of impunity remains to be a glaring reality in the country. Factors behind this are the militarist and punitive approach in addressing the root causes of insurgency, weak exercise of command responsibility and poor implementation of laws. Police and military forces continue to be among the top human rights violators as shown in the records of the CHRP. Human rights enjoyment also suffers due to lack of harmonization of and conflicts in the implementation of laws, such as the Indigenous Peoples Rights Act (IPRA) and the Mining Act of 1995.
5. In a study of Atty. Parreño, among the 305 incidents of extrajudicial killings (EJKs) from 2001 to August 2010, 32% of victims were activists while 10% were farmers. This only shows that civil and political rights (CPR) violations such as EJKs and enforced disappearances could often be traced to suppression of people’s assertion and claiming of their economic, social and cultural (ESC) rights.
6. The Philippines also failed to adopt its NHRAP that would have given direction to the State to implement its obligations under the rights of children, women, migrants, indigenous peoples, and lesbians, gays, bi-sexual, and trans-gender (LGBT), persons with disabilities as well as the rights to life, food, health, education and work. Concomitantly, there is lack of decisiveness and haphazard approach by State agents in following-up the implementation of the accepted recommendations from the last UPR.
7. The absence of a National Monitoring Mechanism (NMM) composed of the CHRP, government agencies, security sector, and civil society, exacerbated by the non-passage of a law on the right to information and lack of transparency in complaint processes has eroded the substance of human rights pronouncements and encouraged impunity to thrive.
8. The State has to fully integrate and consistently use the rights-based approach in its governance, legislative and development plans.
9. Government also needs to harness the potential of civil society by reinstating CSOs’ participation in the revitalized Presidential Human Rights Committee (PHRC) and encouraging CHR deputization of human rights defenders (HRDs).
10. Finally, the State has to maximize the expertise and material assistance of the United Nations and its member nations, such as inviting the UN Special Rapporteurs, e.g., the Special Rapporteur in Promoting Human Rights while Combating Terrorism and the Special Rapporteur on Disability.
III. Achievements, best practices, challenges and constraints in relation to the previous review’s recommendations
To read more. Please click this link: Joint CSO Report to 2nd UPR_cycle
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