ICESCR Accomplishment Report

1 | P a g e Final Draft PHRP II - ICESCR Chapter Accomplishment Report ·18 August 2015

International Covenant on Economic, Social and Cultural Rights

Introduction

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted

by the United Nations General Assembly on December 16, 1966. There are 160 State-parties to the ICESCR,

the Philippines being one of them. It seeks to guarantee the rights of every individual on the following: (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 conditions; (5) Right to form and join trade

unions, which includes the right to strike; (6) Right to social security, which includes the provision of social

insurance; (7) Protection and assistance accorded to the family, with children being protected from economic

exploitation; (8) Right to an adequate standard of living, including the provision of adequate food, clothing and

housing; (9) Right to the enjoyment of the highest attainable standard of physical and mental health; (10) Right

to education, and (11) Right to take part in cultural life, enjoy the benefits of scientific progress, protection of

the moral and material interests resulting from any scientific, literary or artistic production.

Accordingly, various legislative, administrative and policy measures have been adopted by the government to

promote and protect economic, social, and cultural rights. Issues relating to housing, forced eviction and

demolition activities, health concerns, migration of health professionals, working condition of workers, social

security benefits for members of the informal sector, allocation and utilization of budget for education, food,

poverty, unemployment and underemployment, exploration, development and utilization of mineral resources

were clustered into nine thematic objectives to address observations and recommendations made by the

Universal Periodic Review (UPR) Technical Working Group and the Committee on Economic, Social and

Cultural Rights (CESCR). Strategic indicators, medium-term and annual targets as well as responsible agencies

involved in addressing these concerns were identified. This chapter presents the accomplishments for each

thematic objective, the challenges, prospects and policy recommendations.

Thematic Objective 1: To mainstream the Human Rights-Based Approach (HRBA) in development

planning and policy-formulation processes at all Levels of government

In pursuit of a better quality of life for all Filipinos, NEDA’s approach to development planning evolved

overtime. Responding to the expressed human development goals and objectives of the citizens, it has

increasingly and explicitly integrated human development concerns in its development framework. Hence,

from the basic needs approach to development planning, it has now openly considered human rights in its

development planning approach.

NEDA’s work along human rights concerns explicitly started in 2006 with the issuance of Administrative Order

No. 163, which mandated NEDA to be the lead agency for coordinating the country’s compliance with the

ICESCR. Subsequently, on 10 December 2008, the President issued Administrative Order No. 249, directing

the NEDA to integrate, reflect and define the principles of HRBA in the formulation of the country’s

development policies, plans and programs. In compliance, the NEDA Director-General issued instructions for

all NEDA sector staffs and all regional development councils to incorporate the principles of HRBA in all

development policies, plans and programs and in the monitoring and evaluation activities.

In line with NEDA’s commitment to continuously capacitate its staff in mainstreaming HRBA in the planning

process, it also conducted the HRBA Executive Course in Governance on 9-10 October 2014. This was

attended by 30 participants from NEDA, Presidential Legislative Liaison Office (PLLO), Department of

Environment and Natural Resources (DENR), Office of the President (OP), and Commission on Human Rights

(CHR). The course discussed the definitions of governance, good governance, democratic governance, the


Ruggie Framework, and the similarities, differences and linkage between the human rights and good

governance principles. Also, an HRBA Refresher Course to Development Planning was conducted on 6-5

November 2014 and attended by 47 participants from NEDA-Central Office (NEDA-CO) & NEDA Regional

Offices (NROs), CHR and CHR-United Nations Development Programme Project Management Office (CHR-

UNDP PMO). The objectives of the course were to provide better appreciation of theory and practice of HRBA

to development planning, to heighten confidence in applying HRBA, and to express critical views on impact

and sustainability of HRBA to development planning. With the conduct of these series of capacity-building

activities, NEDA has expanded its pool of trained development planners and planning officers.

Another institutional activity of the NEDA was the issuance of the Guidelines on Mainstreaming HRBA

Principles in the Medium-Term Philippine Development Plan (MTPDP) and the Medium-Term Regional

Development Plan (MTRDP). Said guidelines intended to facilitate mainstreaming the principles of HRBA in

the national and regional development plans for the period 2011-2016. The guidelines consisted of three main

sections, namely: Guiding Human Rights Parameters, Principles and Standards; Specific Guidelines in Applying

Human Rights to Particular Sector/Area; and Companion Guide Questions.

HRBA mainstreaming in the country’s national development plan is evidenced by the integration of the human

rights principles in the PDP 2011-2016, particularly in the following chapters: (a) Chapter 7 – Good Governance

and the Rule of Law; (b) Chapter 8- Social Development; and (c) Chapter 9 – Peace and Security.

NEDA also conducted activities towards mainstreaming sector specific rights in development planning.

Specifically on mainstreaming the rights of the child, the NEDA-SDS conducted a special session on

“Integrating Children’s Rights in Development Planning”. This activity highlighted how such integration is

important, particularly in areas of macroeconomic stability, and financial sector development.

In 2013, activities were conducted to further strengthen the mainstreaming of child’s rights in the PDP 2011-

2016 and selected Regional Development Plans (RDPs). The various chapters of the Plans were assessed using

guide questions that highlight the rights of the child. The assessment allowed for the preparation of a document

entitled “Mainstreaming Child Rights in Development Planning”, which contains a set of child rights-

responsive policy and program recommendations as well as guidelines for mainstreaming child rights in

development planning. The document served as a starting point in ensuring the integration of child rights in all

levels of development planning.

Moreover, there were various Joint Memorandum Circulars (JMCs) issued to ensure integration of HRBA in

local government plans. These include the following: (a) DILG-CHR JMC No.1, s.2014: Mainstreaming

Human Rights through the Rule of Law and Access to Justice at the Level of Provinces, Cities, Municipalities

and Barangays; (b) DBM-DILG-DSWD-NAPC JMC No. 6: Policy Guidelines and Procedures in the

Implementation of the Bottom-Up Budgeting Projects for FY2015; and (c) PCW-DILG-DBM-NEDA JMC No.

2013-01: Guidelines on the Localization of the Magna Carta of Women. Moreover, there is a Department of

Education (DepEd) Memorandum No. 97, s. 2014 designating DepEd representatives to the Child-Friendly

Local Governance (CFLG) Audit Team, which will allow them to participate in undertaking the mandatory

assessment of all local government units (LGUs). The Office of the Presidential Adviser on the Peace Process

(OPAPP) also inititated efforts on mainstreaming of the conflict-sensitive and peace-promoting (CSPP)

approach in government planning, budgeting, program implementation, monitoring and evaluation systems and

processes most notably in the PAyapa at MAsaganang PamanayaNAn (PAMANA) program wherein

development interventions provided in conflict-affected areas by the PAMANA partner agencies (e.g., DSWD,

DA, DAR, etc.) are carried out with a CSPP-lens in project identification, implementation, and evaluation.

NEDA’s future prospects include the mainstreaming of HRBA in planning in the guidelines for the formulation

of the successor PDP and conduct of training/workshops on HRBA principles for NEDA and other agency

members of the various Planning Committees, both at the national and regional levels. The full utilization of

the NEDA HRBA Toolkit to Development Planning1 published in 2011 is also seen as a strategy to

1 The toolkit designed, developed and written by Maria Socorro I. Diokno under the NEDA project presents human rights

tools, processes and methodologies formulated and implemented by human rights and development institutions worldwide


continuously capacitate those who were unable to participate in the previous capacity building activities on

HRBA.

Thematic Objective 2: To review and monitor existing legislation related to the promotion and protection

of economic, social and cultural rights

From 2012 to 2015, eleven (11) ESCR-related landmark legislations have been passed in the areas of health,

education, labor, social security and other social and infrastructure services. These include the following: (1)

RA 10606, National Health Insurance Act of 2013; (2) RA 10354, Responsible Parenthood and Reproductive

Health Act of 2012; (3) RA 10351, Sin Tax Reform Law (2012); (4) RA 10645, Mandatory PhilHealth

Coverage for all Senior Citizens (2014); (5) RA 10157, Kindergarten Education Act (2012); (6) RA 10533,

Enhanced Basic Education Act of 2013; (7) RA 10361, The Domestic Workers Act or Batas Kasambahay

(2013); (8) RA 10364, The Expanded Anti-Trafficking in Persons Act of 2012; (9) RA 10353, The Anti-

Enforced or Involuntary Disappearance Act of 2012; (10) RA 10368, The Human Rights Victims Reparation

and Recognition Act of 2013; and (11) RA 10665, The Open High School System Act of 2015.

In view of meeting the medium-term target of amending ESCR-related national and local legislations with the

right to housing as strategic entry point, a number of housing legislative agenda were pursued such as: (1) the

Creation of the Department of Housing and Urban Development (DHUD); (2) Balanced Housing Requirement

for Condominium Projects; (3) Establishment of Local Housing Boards; (4) National Land Use Act (NALUA);

(5) Comprehensive and Integrated Shelter Finance Act (CISFA) II, among others. The passage of these bills

will provide a holistic and systematic approach to sustainable urban development from the preparation of

Comprehensive Land Use Plans (CLUPs) and local shelter plans, the creation and operation of local housing

boards in the LGUs, and the provision for an expanded socialized housing provision.

In October 2012, the Housing and Land Use Regulatory Board (HLURB) approved the implementing rules

and regulations (IRR) for Section 18 of the Urban Development and Housing Act of 1992 (RA 7279)

through Board Resolution 890. The resolution requires developers of proposed residential subdivision

projects to improve an area for socialized housing through balanced housing development, slum upgrading,

joint venture with LGUs, participation in the Community Mortgage Program (CMP), and development of

new settlements. The resolution took effect on 1 January 2013 and memorandum circulars were

subsequently issued to provide uniform application, interpretation, usage and implementation of the

different manners of compliance.

The government is committed towards inclusive urban development where people of varying income levels are

integrated in productive, healthy and safe communities. Table 1 shows that from 2012 to 2014, the National

Shelter Program (NSP) delivered direct housing assistance to 576, 335 households or 76.13 percent of the PDP

2011-2016 set target of 757,000 for the same period. The NSP’s direct housing assistance is comprised of the

National Housing Authority (NHA) Housing Production, Social Housing Finance Corporation’s (SHFC) CMP

and Home Development Mutual Fund’s (HDMF) Retail and Development Financing. The NHA Housing

Production Tier 1 is an on-going resettlement program for the following: (1) Informal Settlement Families

(ISFs) affected by infrastructure projects in Metro Manila; (2) housing program for those living in danger areas

in Metro Manila and in nearby provinces; (3) regional settlement; and 4) NHA condemned building. Likewise,

the NHA Housing Program Tier 2, which is a new and expanded program, is comprised of the following: (1)

resettlement programs for those ISFs in the Manila Bay Area; (2) housing assistance program for calamity

victims; (3) settlements upgrading; (4) housing program for low-income military and police personnel; and (5)

other local housing programs.

In addition, the combined indirect housing provision by the Home Guarantee Corporation (HGC), HLURB,

National Home Mortgage Finance Corporation (NHMFC) and Housing and Urban Development Coordinating

and contains human rights quick guides in the form of flowcharts, checklists, recapitulative tables and figures especially

designed to facilitate the application of the HRBA to development planning.

http://www.gov.ph/2013/05/15/republic-act-no-10533/




Council (HUDCC) have reached 502, 805 households or 70% of the target of 717, 772 for the period 2012-

2014.

TABLE 1. HOUSING TARGETS AND ACCOMPLISHMENTS, 2012-2014

PROGRAM

TARGET

TOTAL

ACCOMPLISHMENT

TOTAL

% ACCOMPLISHED

2012 2013 2014 2012 2013 2014

Direct Housing Provision (HHs assisted)

245,000 250,000 262,000 757,000 112,778 166,725 296,832 576,335 76.1

Indirect Housing Provision (HHs assisted)

229,996 239,530 248,246 717,772 110,834 99,160 292,811 502,805 70.1

TOTAL 474,996 489,530 510,246 1,474,772 184,787 240,504 544,645 1,079,140 73.1

Source: HUDCC

The Aquino Administration also appropriated a Php 50 billion fund for the 5-year (2012-2016) Housing

Program for ISFs Living in Danger Areas in Metro Manila (Oplan Likas) which targets to assist a total of

104,219 ISFs. Under the said program, the Metro Manila Development Authority (MMDA) was able to register

through its biometric system a total of 16,982 ISFs, of which 12,308 ISFs are living along the 8 priority

waterways, 3,085 ISFs living along 2014 priority waterways and 1,589 ISFs located in other waterways and

LGU areas. The developed system aims to empower qualified ISFs by ensuring that rightful and qualified

beneficiaries will receive the government housing benefits and assistance as well as eliminate squatter

syndicates. Table 2 shows that as of June 2015, a total of 82,099 units or 78.8 percent of the planned target were

completed; 63,383 units were constructed by the NHA under the said program while 18,761 units have been

constructed under the High Density Housing Program of the SHFC.

TABLE 2. NUMBER OF HOUSING UNITS AND VALUE PROVIDED UNDER THE HOUSING PROGRAM FOR THE ISFS ALONG DANGER AREAS IN METRO

MANILA

YEAR NUMBER OF HOUSING UNITS

VALUE (PHP)

2012 6,036 7,158,492,000

2013 24,093 10,713,084,000

2014 41,044 10,494,526,000

20152 10,926 1,053,749,000

2016 - -

TOTAL 82,099 29,399,851,000

2 Data as of May 2015


% Accomplished3 78.8% 58.8%

Source: HUDCC

In August 2013, the Guidelines on the conduct of Pre Demolition Conference (PDC) was jointly signed by the

heads of agencies of DILG, Philippine National Police (PNP), and Presidential Commission for the Urban Poor

(PCUP). The PDC is a mechanism that gathers the principal stakeholders to: (a) level off expectations among

the stakeholders; (b) identify assistance to be given to the affected families; (c) explain why demolition had to

be done; and (d) present provisions of Section 28 (Eviction and Demolition of the Urban Development and

Housing Act). These topics are discussed to assure that the rights of the underprivileged and homeless are

protected based on existing laws, rules and regulations. Since the implementation of the PDC, incidents of

violent demolitions had significantly diminished. Moreover, evaluations had been conducted in the National

Capital Region (NCR) as well as cities in the Visayas and Mindanao, to identify problems that were

encountered and further enhance PDCs implemented in a national scale.

Engagement with other stakeholders also continued. For instance, enhanced partnership with the key

shelter agencies (KSAs), House of Representatives (HOR) and the Senate, financial institutions, Non-

Government Organizations (NGOs), Civil Society Organizations (CSOs), private developers, LGUs, and the

academe are being pursued through the series of consultation-workshops being undertaken in the

enhancement of the National Urban Development and Housing Framework (NUDHF) and in the conduct of

the 2016 National Housing Summit, among others.

The urban housing sector faces persistent challenges in meeting fully the demand for decent, socialized and

low-cost housing. Among the major issues that were identified during the consultation workshop were the

following: (1) enormous housing need due to rapid urbanization and rural-urban migration; (2) proliferation of

informal settlements; (3) weak enforcement of laws and policies against professional squatters and squatting

syndicates; (4) lack of suitable land for socialized housing; (5) affordability of the housing unit to the poor

given the new building standards that could withstand stronger winds, rains, etc.

The housing agencies also faced budget utilization constraints as considerable funds were unspent in 2014.

Specifically, NHA and SHFC projects funded by the Php 50 billion fund appropriated for the resettlement of

ISFs in Metro Manila suffered delays due to the following: (a) difficulty in finding suitable land for socialized

housing given the limited available lands and the consideration to environmental hazard and preferences of

beneficiaries; (b) delays in securing required documents for government clearances and loan approval; (c)

delays on the issuances of environmental and Mines and Geosciences Bureau (MGB) clearances; and (d)

contradicting issues among LGUs and beneficiaries among others.

In view of the challenges in the housing sector, the following are the recommended policy directions: (a) build

strong partnership with LGUs to curb proliferation of ISFs, especially professional squatters/squatting

syndicates and ensure delivery of housing interventions; (b) institutionalize the National Informal Settlements

Upgrading Strategy (NISUS); (c) fast-track the passage of the NALUA; (d) adopt land acquisition modalities;

(e) promote high density mass housing solutions and public rental housing; (f) expand microfinance initiatives;

(g) pass the amendment of Sec. 18 of RA 7279 in order to redefine socialized housing to include vertical

development; (h) include green technology in national standards for housing projects and disaster resiliency

design guidelines for projects in areas prone to multiple hazards; (i) enforce the adoption of hazard zone

classification in areas affected by typhoon Yolanda; and (j) increase technical support in the

formulation/updating of the Comprehensive Land Use Plans (CLUPs). Specific for the ISFs in Metro Manila,

future prospects and policy recommendations of the MMDA include the following: (a) institutionalization of the

mandatory biometric registration of ISFs under the various relocation and resettlement programs of the

government; (b) Commission on Elections (Comelec) and concerned LGUs to initiate the mandatory transfer of

the resettled ISFs who are bonafide/registered voters from the sending LGU to the official Voter’s List of the

receiving LGU ; (c) Philippine Statistical Authority (PSA) to initiate the reporting of the official population

count both of the sending and receiving LGUs upon resettlement of the ISFs for the purpose of determining the

3 Computed accomplishment in percent was based on the 104, 219 ISFs target beneficiaries while the value in percent was

based on the Php 50 billion fund appropriated for the said project.


proportionate amount of Internal Revenue Allotment (IRA) to be automatically transferred from the sending

LGUs to the receiving LGUs to help ensure continued provision of social services.

Thematic Objective 3: To improve access to health care services, enhancing equity and quality of health

care and making health care services more affordable

In line with the objectives of Universal Health Care (UHC) or Kalusugang Pangkalahatan (KP), the national

government strengthened efforts to improve access to health care services by upgrading government health

facilities, increasing deployment of health human resources and expanding the National Health Insurance

Program (NHIP) coverage and benefits, while scaling up interventions to achieve the health related Millennium

Development Goals (MDGs). The intensified focus on health care can be gleaned from the significant increase

in the budget of the Department of Health (DOH), which more than tripled from PhP 24.6 billion in 2010 to PhP

87 billion in 2015.

The enactment of the National Health Insurance Act of 2013 (RA 10606) mandated the coverage of all

indigents with the national government fully subsidizing this insurance premium. Indigents are identified

through the National Household Targeting System for Poverty Reduction (NHTS-PR) of the Department of

Social Welfare and Development (DSWD). This resulted to an improved national coverage from 72 percent of

all Filipinos in 2012 to 87 percent in 2015. Various initiatives were also implemented by the Philippine Health

Insurance Corporation (PhilHealth) and the DOH to improve benefit delivery, support value and utilization of

health insurance benefits especially among the poor, such as the following: Case Rate system; No Balance

Billing (NBB) in government hospitals; expanded primary care benefit package under the Tamang Serbisyo sa

Kalusugan ng Pamilya or TseKap; and, Alamin at Gamitin (ALAGA KA) Program.

Through the Health Facilities Enhancement Program (HFEP) of the DOH, a total of 6,173 government health

facilities were upgraded from 2010-2014 comprising of 2,862 Barangay Health Centers, 2,626 Rural Health

Units/Municipal Health Centers, and 685 LGU hospitals and other health facilities. From 2011 to 2013, a total

of 52,730 nurses were deployed as trainees for six months through the Registered Nurses for Health

Enhancement and Local Service (RNheals) program. This was succeeded by the Nurse Deployment Program in

2014 which hire nurses for a 2-year contract. About 24,468 nurses have been deployed from 2014 to the

present. A total of 178,362 Community Health Teams were also deployed from 2012 to 2015 in order to provide

health assistance to underserved Filipino families.

In addition to the National Health Insurance Act of 2013, other landmark legislations were passed to improve

the country’s health status. First is the Responsible Parenthood and Reproductive Health Act of 2012 (RA

10354), which mandates the provision of responsible parenthood and reproductive health care services,

information and commodities, giving priority to poor beneficiaries. Second is the Sin Tax Reform Law (RA

10351), which helps augment budget for the implementation of UHC and promotes better health outcomes by

discouraging consumption of alcohol and tobacco. Third is the Mandatory PhilHealth Coverage for all Senior

Citizens (RA 10645), which provides for the automatic PhilHealth coverage of all senior citizens regardless of

income status. This superseded the provisions in RA 10606 or the National Health Insurance Act of 2013.

Despite enhancements in terms of policy issuances, investments and provision of health inputs, such

accomplishments are yet to be fully translated into positive health outcomes as the country continues to lag in

key health related MDG targets such as reducing maternal deaths and promoting access to reproductive health

care. At the same time, efforts must be continued to sustain the gains in curbing tuberculosis. There is also a

need to address the increasing prevalence of HIV/AIDS in most-at-risk populations.

The 2014 Socio-economic Report (SER) stated that inequitable access to quality health services persists to the

disadvantage of the poor and marginalized. This is primarily attributed to disparities in the capacity of LGUs to

provide health services, compounded by instances of poor health-seeking behaviour among the most vulnerable


population. Further, while the NHIP coverage improved, coverage of Filipinos belonging to the informal sector

and poor families not included in the NHTS-PR remains a challenge. In addition, issues on poor utilization of

benefits among indigent members and insufficient support value of the NHIP have limited the impact of

coverage expansion on desired outcomes.

The HFEP, which is the DOH’s key program for improving access to quality health services, has not been

optimally implemented in spite of the huge budget allocated for its implementation. Among the challenges that

have been identified with regard to the upgrading and/or construction of health facilities include the following:

(1) delay in design, approval, contracting and completion; (2) unfinished/incomplete infrastructure projects both

contracted through DOH and DPWH; (3) lack of coordination with targeted beneficiaries and local validation

which has led to inappropriate site selection and accessibility problems; and (4) poor quality of materials and

project execution. In terms of deployment of health personnel, the following have been identified by the DOH

as challenges: (1) incomplete/inadequate data/information of existing HRH; (2) inability of some LGUs to

provide support in the program implementation; (3) unwillingness/non-readiness of some LGUs to accept HRH

or provide counterpart; (4) retention of HRH in their areas of assignment; (5) inadequate social preparation;

and, (6) insufficient funds for the salaries of deployed HRH.

In order to ensure that all Filipinos, especially the poor, are able to access quality health services in line with the

objectives of the UHC, it is crucial that the government continue to enhance investments and effectively

implement programs and projects especially in areas where they are most needed. Participation of various

stakeholders including key sector agencies for harmonized implementation of programs and strong commitment

of LGUs are important elements in intensifying efforts from the national down to the community level.

In support of improving access to health care services, enhancing equity and quality of health care and making

health care services more affordable, it is pertinent that the government institute the following:

Review and improve the PhilHealth benefit packages, pursue widened coverage of informal and self-

employed sector, enhance awareness campaigns and strengthen efforts to improve benefit utilization,

especially among the indigent members in line with the objectives of the National Health Insurance Act of

2013 (RA 10606);

Enhance the implementation of HFEP through sustained government investment, conduct of health

facilities/equipment inventory and mapping for proper targeting of LGU beneficiaries, improved operations

to fast-track upgrading and construction activities, and institute proper monitoring and reporting of

accomplishments;

Expand the deployment of health human resources to address actual need particularly of the poorest/hard-

to-reach barangays and municipalities while ensuring quality and capacity through training and capacity

building activities;

Scale-up effective, preventive and promotive health programs and improve health-seeking behavior among

the most vulnerable population, including fast-tracking the implementation of the necessary reforms under

the Responsible Parenthood and Reproductive Health (RPRH) Law;

Improve the availability, access and use of timely, accurate, relevant and reliable health and nutrition

information; and

Collaborate with LGUs in prioritizing delivery of public health services through various incentive

mechanisms and approaches.

The DOH is currently implementing the Universal Health Care High Impact Five (UHC-HI-5) which aims to

produce the greatest improvements in health outcomes and the highest impact on the priority, vulnerable

population, with focus on five critical UHC interventions prioritizing the poor, through synchronized

nationwide implementation of activities. The UHC-HI-5 focuses on reducing maternal, infant, and under-five

mortality; reducing the burden of HIV/AIDS; and establishing Service Delivery Networks. Aligned with efforts


to achieve the MDG targets, the program is expected to provide tangible outputs which can be “felt” within a

breakthrough period of 15 months.

Thematic Objective 4: To review all existing legislation enforcing health and safety at work in order to

ensure the right of workers to safe and healthy conditions, and social security benefits for workers in the

informal sector

The State is mandated “to afford protection to labor, promote full employment, ensure equal work opportunities

regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall

likewise ensure the rights of workers to self-organization, collective bargaining, security of tenure, and just and

humane working conditions (Philippine Constitution 1987).”

In support of this mandate, the Philippine Human Rights Plan (PHRP) strives to ensure that the rights of

workers as embodied in the Labor Code of the Philippines are enjoyed to the fullest extent and as a concrete

step in providing full protection to members of the informal sector that is through the provision of adequate

social benefits to the latter. The following programs, projects and activities were implemented in order to

achieve the effective implementation of labor standards and labor relations:

a. Review of implementation of labor legislation, and enforcement of health and safety standards at work

• In compliance with the requirements of the Occupational Safety and Health Standards (OSHS) for an

accredited safety and health practitioner in all establishments, the Occupational Safety and Health

Center (OSHC) conducts mandatory course for safety officers, the Basic Occupational Safety and

Health (BOSH) and the Construction Safety Training (CST). Annually, there is a noted 10 to 20

percent increase in the demand for both courses. From 2009 to June 2015, a total of 76,180 participants

from 29,923 companies were trained.

• The e-BOSH, an on-line version of the BOSH which can be accessed by workers from all over the

country and abroad was launched in November 2011. A total of 469 have completed the e-BOSH

course as of 2014.

• The OSHC, in consultation with the DENR-MGB, the Business Processing Association of the

Philippines and the Bus Transport Industry came up with BOSH modules that are custom-fitted to the

mining sector, BPOs, and the bus transport.

• For the vulnerable sectors, the OSHC also extended its services through capability building activities

for the informal sector and for the Occupationally Disabled Workers (ODW).

• To complement safety and health inspections among construction projects, the OSHC lead safety

patrol teams, composed of experts from OSHC, Employees’ Compensation Commission (ECC),

Bureau of Working Conditions (BWC), workers’ organizations, and OSH Consultants/ Practitioners to

determine the OSH status and provide recommendation in 112 construction projects located in major

areas in the Philippines (NCR, Region III, IV-A, VII, and XI).

• Aside from completing 24 researches from 2009 to June 2015, the OSHC was also able to provide the

following technical services: Work environment measurement benefiting 436,369 workers from 1,207

companies; Personal Protective Equipment (PPE) test for 6,782 specimens; Occupational Health

Examinations benefiting 7,170 workers from 138 companies; accreditation of OSH Training

Organizations/Consultants benefiting 81 organizations and 189 consultants.

b. Amendment of Labor Law and SSS Law to cover informal economy / Enactment of a law to provide

social security benefits for the informal economy


The legal provision for the compulsory social security coverage of self-employed was promulgated in 1979

through Presidential Decree (PD) 1636 which added Sec. 9-A to Republic Act (RA) No. 1161, which states

that:

“Compulsory coverage of the Self-employed - Coverage in the SSS shall be compulsory upon such

self-employed persons as may be determined by the Commission under such rules and regulations

as it may prescribe, including but not limited to the following:

1. All self-employed professionals;

2. Partners and single proprietors of businesses;

3. Actors and actresses, directors, scriptwriters and news correspondents who do not fall

within the definition of the term "employee" in Sec. 8 (d) of this Act;

4. Professional athletes, coaches, trainers, and jockeys; and

5. Individual farmers and fishermen.

Unless otherwise specified herein, all provisions of this Act applicable to covered employees shall

also be applicable to the covered self-employed persons."

In 1995, the Social Security Commission passed a resolution in connection with Sec. 9-A of RA 1161, as

amended by PD 1636, providing for a comprehensive coverage of the self-employed including market

vendors, shoe shine boys and other types of workers in the informal sector. On the other hand, compulsory

social security coverage of household helpers started since 1 September 1993 pursuant to RA 7655.

In 2013, coverage of workers in the informal sector (WIS) became part of the SSS’ priority programs.

Three major programs were consequently implemented to address the requirements of the WIS, namely:

Partnership with Cooperatives, Microfinance Institutions and other Organized Groups – The SSS aims

to forge partnerships with cooperatives, microfinance institutions and other organized groups whose

members belong to the informal sector as well as with government agencies and NGOs whose

members are eligible for coverage under the SSS Self-employed Program. For this purpose, a

Memorandum of Agreement (MOA) was designed for organized groups to become SSS partner agents

either for collection or non-collection services. Under the partnership, an organized group is authorized

by SSS to provide basic services (application for membership, loan and funeral benefit) and/or to

collect and remit SSS contributions of their registered members. Service fees are paid to the partner

agents for every successful transaction.

Subsidy Program for the Working Poor, with small farmers as the pilot target sector – A government

agency or a private entity is tapped to shoulder a portion of the farmers’ SSS contributions. For

instance, when the farmer pays 50 percent of the SSS monthly contribution, the government agency or

private entity subsidizes the other 50 percent

AlkanSSSya Program for the Self-employed in the Service Sector – This program aims to address the

irregularity of income of WIS as well as their common aversion to or fear in transacting with banks,

given the perceived formality and complexity of the payment process. Under this program, the SSS

taps IS groups (ISGs) to assemble an AlkanSSSya with individual boxes or coin slots in which

members of the ISG may drop daily amounts into their designated slots (e.g., for P11/day), they will

be able to pay the P330 contribution for a monthly salary credit of P3,000. At the end of each month,

ISG officers fill out the SSS payment form and remit the accumulated contributions to the nearest SSS

branch. Collections can also be remitted through SSS-accredited depository bank, accredited partner

agent or Bayad Centers. This way, AlkanSSSya participants may put in at least P11 per day and raise

the amount of P330 every month for a monthly salary credit of P3,000.

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

services


Article XIV of the 1987 Philippine Constitution, Section 5, item 5 declares that the State shall assign the highest

budgetary priority to education, thus, under the Aquino Administration, improving the quality of education in

the country is a top priority. In line with this constitutional mandate and in pursuit of the government’s

commitment to enhance the quality of education, the education sector was accorded top priority in terms of

budgetary allocation.

The curricular reforms under the K to 12 Program of the government is expected to improve education

outcomes because the enhanced curriculum will allow mastery of competencies and enable students to better

cope with the lessons. Aside from aligning the basic education system with the rest of the world, the K to 12

program is about enhancing the curriculum by making it learner-centered, ensuring that teachers are retooled

and adequate instructional materials and educational facilities are provided. Further, the learner-centered

curriculum will allow students to choose tracks that suit their interest, thus will also address lack of personal

interest being one of the reasons for dropping out. The government’s focus on these reforms led to the

continuous increase in budgetary allocation for education. Table 3 shows that on the average, the total allocation

for education grew by 16.4 percent from 2010-2014. The percentage share of the education budget to the

national budget stood at 16.92 percent in 2014. This already exceeded the UNESCO’s recommendation of at

least 15 to 20 percent of the national budget. As a percentage of the GDP, on the other hand, the education

budget stood at 3.03 percent. Within the education sector, the biggest allocation over the years was given to

basic education. This is an affirmation of the highest priority to basic education as a basic human right that

should be enjoyed by all.

TABLE 3: SUMMARY OF BUDGET ALLOCATION

PARTICULARS 2010 2011 2012 2013 2014

Education Sub-sector Allocation, 2010 -2014 (in million pesos)

Total Education, Culture and Manpower Development

240,585

271,493

299,958

330,181

383,081

DepED Budget 174743 207,037 238,434 293,359 309,435

State Colleges and Universities 23,845 23,726 23,814 34,924 35,575

Technical Education and Skills Development Authority

2,991 2,953 2,854 3,096 5,245

Commission on Higher Education 2,539 1,695 2,207 3,604 8,012

Education Sub-sector Allocation, 2010 -2014, As a Percentage of the Total Budget


15.62 16.50 16.52 16.46 16.92

DepED Budget 11.34 12.59 13.13 14.62 13.66

State Colleges and Universities 1.55 1.44 1.31 1.74 1.57


0.19 0.18 0.16 0.15 0.23

Commission on Higher Education 0.16 0.10 0.12 0.18 0.35

Education Sub-sector Allocation, 2010 -2014, As a Percentage of GDP


2.67 2.80 2.84 2.86 3.03

DepED Budget 1.94 2.13 2.26 2.54 2.45


State Colleges and Universities 0.26 0.24 0.23 0.30 0.28


0.03 0.03 0.03 0.03 0.04

Commission on Higher Education 0.03 0.02 0.02 0.03 0.06 Source: DBM

There were mixed results in terms of learning efficiency and access to education of Filipinos. Cohort survival

rate (CSR) and completion rate (CompR) showed slight improvement from 2011 to 2013 both at the elementary

and secondary levels. CSR and CompR increased from 73.76 to 80.63 percent and from 78.83 to 80.5 percent,

respectively at the elementary level. At the secondary level, CSR and CompR increased from 78.83 to 80.5

percent and from 74.23 to 77.0 percent, respectively. On the other hand, participation rate in elementary

declined from 97.1 percent (2011) to 93.8 percent (2013) while the rate slightly increased in secondary from

64.3 percent (2011) to 64.9 percent (2013). The DepEd attributed the decline in Net Enrollment Rate (NER) to

the enhancement of the Basic Education System (e-BEIS) in SY 2013-2014 which reflected more accurate

figures. Moreover, a study by the Philippine Institute for Development Studies (PIDS) highlighted the decrease

in out-of-school children in the country from 2.9 million (representing 11.7 percent of children aged 5-15) in

2008 to 1.2 million (5.2 percent) in 2013. The decline was largely attributed to the reforms and investments in

basic education, specifically the passage and implementation of the Kindergarten Education Act (Republic Act

No. 10157) and the Enhanced Basic Education Act (Republic Act No. 10533); the increase in DepEd budget

that allowed for significant accomplishments; and the increased household coverage of the Pantawid Pamilya

Program.

In support of the K to 12 Program, Php 1.7 billion was appropriated in 2014 for the procurement of over 42

million learning modules and teaching guides towards attaining the ideal 1:1 student per textbook ratio.

Currently, the DepEd is preparing for the implementation of the Senior High School (SHS) curriculum of the K

to 12 Program starting SY 2016-2017. The SHS will cover core learning areas that adhere to the College

Readiness Standards of the Commission on Higher Education (CHED) and specific tracks based on

4 broad disciplines, namely: (1) Academic (Accountancy, Business and Management; Humanities and Social

Sciences; Science, Technology, Engineering and Mathematics; General Academic); (2) Technical-Vocational-

Livelihood; (3) Sports; and (4) Arts and Design. For FY 2014, SHS allocation to classrooms and seats

amounted to Php 15.6 billion and Php 315.6 million, respectively. Under FY 2015, DepEd allocation increased

to Php 30 billion for classrooms, Php 675 million for seats, Php 1.13 billion for Techvoc workshops and Php

130 million for techvoc equipment. In 2016, an estimated 1.6 to 2.0 million Grade 10 completers (1 cohort only)

are expected to enrol in Grade 11 and the same number of students is also expected to enrol in SHS in the

succeeding year.

The Government Assistance to Students and Teachers in Private Education (GASTPE) Program was allocated

PhP8.3 billion in 2015. This is expected to increase to a total of PhP21.19 billion because of the SHS voucher

program.

Thematic Objective 6: To implement programs and projects targeting poverty stricken and armed

conflict areas

The government’s main strategy in poor areas where human security is at risk are the pursuit of peace-building

efforts and increased provision for basic social services.4 The PAMANA is the national government’s

convergence framework and flagship development program for areas affected by conflict. PAMANA provides

socio-economic development support to conflict-afflicted areas that have not been prioritized under regular

agency programs. Such support includes: (1) social protection packages for former combatants and/or next-of-

4 Philippine Development Plan (PDP) 2011-2016 Midterm Update


kin; (2) capacity-building for local government institutions; and (3) assistance to indigenous peoples in the form

of technical support.5

A development initiative called the Sajahatra Bangsamoro Program (SBP) was also launched after the historic

signing of the Framework Agreement on the Bangsamoro (FAB) between the government of the Philippines

and the Moro Islamic Liberation Front (MILF). Jointly implemented by the two parties of said agreement, the

program aims to uplift and develop health, education and livelihood conditions in the Bangsamoro

communities. 6

Shelter assistance projects are also extended to persons who are internally displaced due to armed hostilities. In

North Cotabato, 295 core shelter units were completed and turned over in 2012 to displaced families through

the DSWD. Autonomous Region in Muslim Mindanao-DSWD (ARMM-DSWD) is also implementing a core

shelter program in Maguindanao which targets about 2,300 units, of which 1,632 have been constructed, 206 are

ongoing implementation, and 462 are ready for implementation as of the third quarter of 2014. The ARMM

Office of the Regional Governor has also completed and awarded 2,520 core shelters for displaced families in

Maguindanao.

Further to the mentioned programs specifically implemented for conflict areas, the government with DSWD as

the lead agency employs the Convergence or TATSULO across the country as a strategy to harmonize its core

poverty reduction programs7, which are as follows:

Pantawid Pamilyang Pilipino Program (Pantawid Pamilya) is a poverty reduction program using

conditional cash transfer to provide social assistance for immediate needs of the family and break the

inter-generational poverty through human capital investments. The beneficiary households are selected

through the NHTS-PR conducted by the DSWD and the Family Income and Expenditure Survey (FIES)

and Small Area Estimates (SAE) of the NSCB.

Kapit-Bisig Laban sa Kahirapan- Comprehensive and Integrated Delivery of Social Services (KALAHI-

CIDSS) is a community-driven development (CDD) project of the DSWD which aims to empower

communities by capacitating their citizens to participate in local governance, particularly in identifying

and implementing local solutions to poverty issues.

Sustainable Livelihood Program (SLP) aims to improve the socioeconomic capacity of the participants

through micro-enterprise development and employment facilitation activities that shall ultimately provide

a sustainable income source.

Several National Government Agencies (NGAs), some in partnership with Government-Owned and Controlled

Corporations (GOCCs), Government Financing Institutions (GFIs), LGUs and State Universities and Colleges

(SUCs) also implement programs that directly benefit poor households.8

5 See Appendix A for accomplishments. 6 See Appendix A for accomplishments. 7 See Appendix B for accomplishments of core poverty reduction programs. 8 See Appendix C


Furthermore, a spatial-based poverty strategy is also directed by the PDP 2011-2016 Midterm Update.9 To

ensure and fast track implementation of such, the Accelerated and Sustainable Anti-poverty Program (ASAP)

has been initiated by the Human Development and Poverty Reduction Cabinet Cluster (HDPRC) to further

reduce poverty by generating better quality jobs, engaging and employing the poor in selected provinces and

municipalities. The ASAP deliberately links the poor with the private sector, with government resolving the

constraints so that this can be sustained. At present, ASAP is in its pilot phase and covers 29 municipalities in

the 10 provinces under Category 1.

A budget and planning approach taking into consideration the development needs of cities/municipalities,

known as the Bottom-Up Budgeting (BUB) program, is also implemented to enhance the process to involve

grassroots organizations and LGUs in the identification of priority poverty reduction projects that will be

funded by NGAs. This is to increase citizens' access to local service delivery through a demand-driven budget

planning process, as well as to strengthen government accountability in local public service provision. The

program commenced in 2013 where 7,603 projects were identified, of which the delivery rate (completed and

ongoing projects) is 71 percent and 15 percent have not yet started implementation (either pipelined or

proposed). For the year 2014, there were 19,737 identified projects, 52 percent of which are either completed or

ongoing, while 48 percent are pipelined or at the proposal stage. On the other hand, 14,386 projects have been

identified for the Fiscal Year 2015.

However, effective implementation of such programs and projects in poverty stricken and armed conflict areas

remain to be challenging for concerned agencies. DSWD particularly identifies issues and challenges on (1)

coordination in the delivery of social services; (2) low sustainability of microeconomic enterprises; (3)

conflicting interests of target beneficiaries (e.g., political, clan/tribal conflict); (4) Lack of skills among former

rebels and decommissioned combatants appropriate and necessary for employment (e.g., required level of

education, skills training, work experience); and (4) loss of livelihood assets due to conflict. To address these,

the following policy interventions are recommended:

Harmonization and integration of strategies, policies, programs and projects, and its guidelines;

Enhancement of strategies and intervention packages to include tools/technologies appropriate to

community-managed enterprises;

Strengthening of conflict-sensitive and peace promoting principles/approaches in implementation of

programs and projects;

Ensure provision of livelihood and skills training in livelihood assistance projects and programs; and

Social protection or micro-insurance to establish conflict-resilient enterprises.

Thematic Objective 7: To enact a law making the Department of Agrarian Reform Adjudication Board

(DARAB) as an independent body

The implementation of the Comprehensive Agrarian Reform Program (CARP), being a piece of social

legislation which limits property rights and distributes land, inevitably generated numerous disputes. To

address this concern, the Department of Agrarian Reform Adjudication Board (DARAB) was created under

Executive Order No. 129 dated July 26, 1987. The DARAB was envisioned to provide the disadvantaged

agrarian reform beneficiary an expeditious and inexpensive mode of resolving conflict. Its proceedings are

summary in nature and non adversarial in character.10

9 The PDP Midterm Update deliberately addresses the constraints faced by the poor by clustering them on the basis of a set

of criteria and identifying specific strategies to address these constraints. Three clusters of provinces were placed under

these three categories: (a) Category 1 -provinces with high magnitude of poor provinces with high magnitude of poor

households as identified from the NHTS-PR; (b) Category 2 -provinces with highest poverty incidence based on FIES; and

(c) Category 3 -provinces exposed to multiple hazards. 10 Excerpts from the Explanatory note of Sen. Nene Pimentel for Sen. Bill No. 1177


Despite the good intentions behind its creation, the DARAB is perceived to be beset with serious structural

flaws, specifically with respect to its composition and its capacity to effectively discharge its mandated tasks.

In order to address this concern, the PHRP targeted the passage of a legislation creating an independent body

that will settle controversies arising from the implementation agrarian reform laws. To this end, House Bill 721

“An Act Creating the National Agrarian Reform Adjudication Commission” was filed on 05 July 2010 but

remains pending for review by the House of Representatives-Committee on Agrarian Reform.

The PHRP also highlighted the importance of ensuring land occupancy of installed farmer beneficiaries and

increasing the number of resolved cases arising from conflicts relative to the implementation of CARP/ Comprehensive Agrarian Reform Program Extension with Reforms (CARPER). At present, 7,842 agrarian

reform beneficiaries (ARBs) have been installed in previously contentious private landholdings from 2012 to

2014. Also, 156,087 Agrarian Law Implementation (ALI) cases have already been resolved during the period

2012 to June 2015.

The government also engages in dialogues with the CSOs to address complaints and grievances on cases where

provisions of the law are not being complied by field offices. To ensure accountability, investigations are

conducted and cases are filed against employees who commit gross violations of existing rules and regulations

of the CARPER. DAR also regularly posts and updates a list of landholdings with Notice of Coverage (NOC)

and those without NOC in its website for transparency purposes.

DAR has started validating its field office reports with data from partner agencies, which are Land Bank of the

Philippines (LBP), DENR and Land Registration Authority (LRA), in order to avoid discrepancies and make

reports more accurate. The agency has also started using a computerized system called OpTool in monitoring

movements of landholdings and actual accomplishments. The foregoing accomplishments are in line with the

PHRP’s target of giving more weight and consideration for recommendations emanating from the field to

ensure strict observance of the CARPER.

Reactivating the MOA with the Department of Justice (DOJ), Armed Forces of the Philippines (AFP), and

Department of National Defense (DND) on security and peace enforcement during installation of farmer

beneficiaries in their landholdings was also identified as a PHRP target. Significant accomplishments in this

area are the following:

Successful installation of ARBs in the Matias property involving Title No. T-123562 with an area of 101

hectares, in partial, in July 2015 with the assistance of AFP, PNP based on the Joint DAR, DILG, DND

MC. No. 5, Series of 2002, with the support of other line agencies (DOJ, CHR, DSWD and Local

Government Unit of San Francisco, Quezon). Total ARBs installed in the 1,715 hectare property is now

283 ARBs.

On January 2015, ARBs were installed in the 119 hectare Victorias Milling Corporation in Victorias,

Negros Occidental with the assistance of the PNP.

However, agrarian reform remains to be completed and the sector still needs to overcome the following

challenges to fast-track redistributive justice. House Bill 721 remains pending at the committee level, despite

being transmitted to the Committee as early as 28 July 2010. Moreover, it is not certified as a priority bill of the

administration.

In terms of speeding up agrarian reform, DAR has been experiencing difficulties in accelerating delivery of

output while strictly observing the processes mandated by law. This implies a need for enforcement of a strict

monitoring system and a more effective internal communications and reporting system in DAR.

On agrarian justice, strong resistance from landowners and their supporters remains to be the main challenge in

peacefully maintaining and installing farmer beneficiaries in their rightful landholdings. “Second-generation

problems”, such as cancellation of registered Certificates of Land Ownership Award (CLOAs) / Emancipation

Patents (EPs) and other titles issued by the Department, also slows down resolution of ALI-related cases.


In order to improve land tenure security and fast-track the completion of agrarian reform, the following actions

are recommended:

Reconsideration of HB 721 by the DAR;

Enforcement of strict monitoring system and more effective internal communications and reporting system

in DAR;

Close coordination with the PNP on the implementation of the Joint DAR-DILG-DND Memorandum

Circular No. 5, Series of 2002, "Law Enforcement of Agrarian Reform Laws and Program";

Establishment of a PNP Detachment & Inter Agency Action Center in areas where resistance is strong;

Continuous monitoring and assistance of Inter Agency Committee on the activities of the ARBs; and

Issuance of policies and guidelines on “second-generation problems”.

Thematic Objective 8: To monitor the wage boards & regulatory agencies

In compliance with the recommendations of the UN Committee on ESCR, PHRP II cited the following as

strategic indicators in the achievement of the above-mentioned thematic objective: (1) government mechanisms

that guarantee compliance with the labor standards and labor relations provisions of the Labor Code of the

Philippines are established; and (2) sanctions to violators of labor standards imposed.

As of October 2013, five (5) Wage Orders from Regional Tripartite Wages and Productivity Boards (RTWPBs)

NCR, VI, IX, X and Caraga were issued granting daily wage increase in agriculture in the amounts of Php10,

Php10, Php13, Php20 and Php10, respectively.

During the conduct of three area-based consultations in August 2013, the Boards committed to close the gaps of

minimum wage rates falling below poverty threshold in two to three years and issue wage advisories on

productivity based pay scheme for the region’s growth industries based on the PDP 2011-2016:

On the first tier, there are 18 rates falling below poverty threshold ranging from P3-P98 in regions

CAR, I, II, III, IV-A, IV-B, V, VIII, XIII and ARMM and mostly in retail/service establishments.

On the 2nd tier, the Boards have identified their priority growth sectors which are subject to issuance

of their advisories.

As of 2013, Regions IV-A and CAR have already issued their respective wage advisories while

Regions III, XI and XII are in the process of finalizing their advisories. The rest of the Boards are

conducting consultations with stakeholders of the selected growth industries. The boards will provide

technical assistance through productivity orientation and capacity buildings to Micro Small and

Medium Enterprises (MSMEs) in the growth industries including their supply chain.

On labor policies, broad participation of the social partners in policy and decision-making has been propelled by

the passage of Republic Act 10395 (Strengthening Tripartism and Social Dialogue) on 14 March 2013. The

Single-Entry Approach for fair, speedy, inexpensive labor justice has been institutionalized by the passage of

Republic Act 10396 (Strengthening Conciliation and Mediation as Voluntary Mode of Settling Labor Disputes)

mandating a 30-day conciliation of all labor cases and keeping arbitration as last resort.

In line with the PHRP’s target to increase the number of labor inspectors to ensure compliance of companies,

firms, individuals and entities of the minimum wage standards, DOLE started the implementation of the Labor

Laws Compliance System (LLCS), which is realized through the following modalities: Joint Assessment;

Compliance Visit; and Occupational Safety and Health Standards Investigation. The new system is a shift from

a regulatory compliance approach to a system that adopts both developmental and regulatory approaches, not

only to encourage voluntary compliance but also benefit the MSMEs. In the 2013 ICESCR Country Report,

DOLE committed that 600 labor law compliance officers and inspectors will implement the LLCS by the third

quarter of 2013. Through the LLCS, 100 percent of the initial target establishments of 76,880 were covered and


100 percent of establishments with deficiencies were provided with appropriate assistance leading to

compliance.11

Thematic Objective 9: To harmonize areas of conflict in the implementation of the provisions of the

Mining Law & Indigenous Peoples’ Rights Act (IPRA)

To ensure that communities derive benefits from mining activities in their areas, mining operators are obliged to

spend on social development initiatives. For one, all operating mining contractors/permit holders are required

to submit and implement a Social Development and Management Program (SDMP) in consultation and in

partnership with the host and neighboring communities as provided for under DENR Administrative Order

(DAO) No. 2010-21, the Consolidated DAO for the Implementing Rules and Regulations of Republic Act No.

7942, the Philippine Mining Act of 1995. They shall allot annually a minimum of one and half percent (1.5%)

of the operating costs for the implementation of SDMP. The SDMP aims to promote the general welfare of the

communities in the affected areas of mining.

The following are the areas of concern being addressed by the programs/projects/activities of SDMP:

1. Human Resource Development and Institutional Building;

2. Enterprise Development and Networking;

3. Assistance to Infrastructure Development and Support Services;

4. Access to Education and Educational Support Programs;

5. Access to Health Services, Health Facilities and Health Professionals;

6. Protection and Respect of Socio-Cultural Values; and

7. Use of facilities/services within the mine camp or plant site.

Further, all Exploration Permit Holder or a Mineral Production Sharing Agreement or Financial or Technical

Assistance Agreement in the Exploration Stage are required to develop and implement Community

Development Program which implementation shall be supported by a fund equivalent to a minimum of ten

percent (10%) of the budget of the approved two (2)-year Exploration Work Program.

The Mines and Geosciences Bureau Regional Offices conduct quarterly monitoring of the implementation of

approved SDMP and Community Development Program (CDP). However, due to lack of manpower monitoring

periods are shortened. In this regard and in line with the rationalization plan, MGB will hire additional

employees to perform the required monitoring activity.

As of January 2015, there are around 711 barangays benefitting in the implementation of SDMP and CDP. A

total of Php 6.365 billion will be spent by mining companies in compliance with the approved SDMP/CDP.

The common challenges faced by mining companies are the following:

1. Presence of anti-mining groups;

2. Capacity building of the host and neighboring barangays; and

3. Location of project sites.

It is a great challenge for the mining industry to win the support of the locals especially if the anti-mining

groups are present in the area. In addition, host and neighboring communities are required to be capacitated in

order for them to implement the SDMP sustainably with emphasis on livelihood programs. In connection to

this, mining companies should intensify and strengthen their Information, Education and Communications

(IEC) program to develop awareness on the benefits of mining. Capacity building programs should be

incorporated and be prioritized by the mining companies to ensure successful implementation.

11 Department of Labor and Employment (DOLE). (27 April 2015). Road to Reform: The birth of LLCS and how it

propagates the culture of voluntary compliance with labor laws. Retrieved from http://www.dole.gov.ph/news/view/2780


In addition, most of the mining companies implement projects on top of the approved SDMP which is

considered as Corporate Social Responsibility (CSR).

It is suggested that the implementation of the IPRA be reviewed to ascertain whether the IPs’ right to self-

determination is still being respected and recognized to ensure that they are protected from developmental

aggression, human rights violations and militarization.

ICESCR Accomplishment Report

Government & Nonprofit

Transcript of ICESCR Accomplishment Report