The new administration vowed to be historically known as the government of the poor. The winning vote for President Joseph Ejercito Estrada, a former cinema action hero, came from the majority of the masses who looked up to him as their new hero. Unfortunately, the new President never intended to deviate from the current state of economic, trade and industrial policy. His continued implementation of Philippines 2000, the Medium Term Philippine Development Plan (MTPDP), characterized mainly by labor-intensive, export oriented economic strategy, have proven to be ineffective and incompatible with his avowed promise to uphold the rights of the poor people. While claiming to pursue economic growth, the Philippine government lost many opportunities to demonstrate its effectiveness in ensuring sustainable reforms in the economy. Despite more than twelve years of the MTPDP, majority of the population remain mired in extreme poverty. And despite all the support given to government by international financial bodies and regional trade investment arrangements, it still proved incapable of addressing basic poverty issues, now aggravated by climate changes, internal conflict and the Asian economic crisis.

In the new President's inaugural address were stern warnings to grafters and criminals: there shall be no considerations of blood nor benefactor... when his administration prosecutes erring government officials as well as criminal elements. Halfway into his first year in office, the Estrada government have already shown its weakness against the tirades of the former dictator's family claiming ownership of some Philippine companies, and was useless in effecting the immediate reward of compensation to former victims of human rights violations during the dictatorship. The return of former cronies in the management of major corporations in the country, and tax exemption proposals which were seen to benefit presidential businessmen friends have all dampened the enthusiasm which that inaugural speech initially ignited.

Although the Philippine population demonstrated none of the social unrest that plagued other Southeast Asian countries during the Asian financial turbulence, the country's situation is far from being politically and economically stable. The Philippine government faces the tremendous challenge of sustaining, if not recovering, the level of livelihood in the country while ensuring the continued enhancement of human rights. Unfortunately, many of the pro-poor posturing of the administration are not seriously met with concrete, comprehensive and effective programs for poverty reduction, nor does it demonstrate readiness to actively pursue implementation of internationally-accepted human rights standards within its jurisdiction.

I. Obligations of the Government of the Republic of the Philippines Under International Human Rights Law

The Philippine government has ratified these internationally recognized instruments on human rights:

1. International Convention on the Elimination of All Forms of Racial Discrimination (1969)
2. International Covenant on Economic Social and Economic Rights (1976)
3. International Convention on the Suppression and Punishment of theCrimeof Apartheid (1978)
4. Convention on the Elimination of All Forms of Discrimination Against Women (1981)
5. International Covenant on Civil and Political Rights (1987) and its Optional Protocol (1989)
6. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987)
7. Convention on the Rights of the Child (1990)
8. International Convention on the Protection of the Rights of Migrant Workers and Members of their Families (1995)
9. Protection of Civilian Persons in Time of War and its Protocol II (applicable in situations of internal conflict)
10. International Convention Against Apartheid in Sports (1985)
11. Convention on the Political Rights of Women (1954)
12. Slavery Convention of 1926 and accompanying amendments
13. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage (1964)
14. Convention on the Nationality of Married Women (1958)
15. Convention Relating to the Status of Refugees (1954) and its Protocol (1967)
16. Convention on the Prevention and Punishment of the Crime of Genocide (1951)
17. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (1970)
18. ILO Conventions concerning Freedom of Association and Protection of the Right to Organize (1948)

Declarations and Resolutions of Human Rights Conferences and Summits in Vienna (Human Rights), Copenhagen (Social Development Summit), Beijing (World Conference on Women), Cairo (Population), Rio de Janeiro (Environment), Turkey (Housing), and New York (World Summit for Children) have also been actively supported by government. Many of these were incorporated in local legislation and policy, yet still lack the necessary mechanisms for their implementation.

II. Report on Agenda Items:

(7) Agenda item on the Right to Development

At the beginning of his term, President Joseph Ejercito Estrada was confronted by a general economic slump, increasing incidences of crime, destructive climate changes and grinding poverty. Conditions favorable to the realization of the Right to Development which was never fully established, has further deteriorated due to lack of political leadership and aggressive economic recovery program by the present government.

Development was an illusion that government hoped to fulfill by attracting foreign investments. With the vigorous promotion of growth areas such as export processing centers, it had hoped that wealth generated by the foreign investors' operation in the country, would somehow trickle down to the majority of suffering masses. It offered cheap labor, tax breaks, and even property ownership as incentives to prospective investors. At the same time government attempted to save on public spending, and encourage business activity through liberalization in trade, finance and banking policy, privatization of state owned and controlled companies, particularly the vital services such as water, fuel and electric companies, and deregulation of state controls, for instance on the tuition rates set by schools and universities. Even national laws were subjected to amendment proposals, making it possible for instance, for 100% property ownership by foreigners, and a lease on mining areas for 75-100 years.

More than ten years later, the strict implementation of these policies have not resulted in any development for the poor majority. Instead, there were the sudden flight of capital, as business failed to engage the participation of the majority of the population, loss of land and livelihood, and the escalation of ecological destruction brought about by unhampered industrial activity which are unsafe and unsustainable.

Mining Industry and Indigenous People's Rights

What actually remained in the country, posing as some semblance of development, were the companies whose extractive and exploitative nature continued to destroy our remaining natural resources and our sources of subsistence. But confronting most of the newly approved fuel companies, power plants, logging companies and mining explorations in the country are huge protests by the farmers, indigenous communities and rural poor residing in affected areas. Most of these companies have engaged in intimidation, harassment and deception of residents in order to have their consent to operate in the areas. The loss for the residents is tremendously greater than the temporary shelter, or employment which the companies promised. For the indigenous communities, the right of future generations to determine their own course for development would be severely compromised with the destruction of the environment, and the loss of their indigenous way of life.

(10) Agenda item on Economic, Social and Cultural Rights

Living conditions continued to plummet in the country, with the rate of 26.2% last year. The country has an outstanding foreign debt of US$45.4 billion. Three million Filipinos are out of work. The increased underemployment rate of 23.7% from 1997's 20.8% is hardly an indication that work has been generated, in the light of "flexible working arrangements" being adopted by companies such as rotation of shifts and casual employment. It simply meant that those currently employed have reduced productive output hours²  .

Labor Sector Exploitation:

The labor dispute between the management and workers' union of the country's flag carrier, Philippine Airlines (PAL), was the first such case that tested the government's decisiveness to protect the interests of workers. It also set a precedent for the nation's companies. The PAL management's final ultimatum to settle the conflict: a ten-year suspension of the Collective Bargaining Agreement (CBA) with the unions, wage cuts and massive downsizing, or the total closure of the national airlines. With only weak guarantees that no further decrease in the salaries would be made on the remaining employees and no further terminations will be done, the union members finally voted in favor of the moratorium.

The PAL dispute was a disappointing indication of government's inability to uphold the people's interests if faced with big and powerful corporate adversaries. It failed to uphold its constitutional duty to protect the interests of the labor sector. President Estrada himself made proposals soon after, to ban strikes while the "country is under economic stress." Other major industries including the Philippine Long Distance Telephone Company, put the same conditions on its unions: suspension of Collective Bargaining Agreement for more than five years. This severely eroded the rights of workers to defend themselves, and weakened opportunities for the development of the labor sector in the country.

Contractual labor continues to be employed, where workers are hired on casual basis, without the legal benefits afforded to regular workers. Union organizing is increasingly suppressed by industrial and corporate management and no increase in salaries were implemented for the past two years, affecting more than seven (7)million citizens who are currently underemployed³  .

Land Use Conversion:

The unabated conversion of agricultural land use severely compromised national productivity. In 1998, the ten year Comprehensive Agrarian Reform Program (CARP) expired with the achievement rate of only 57 percent. The CARP failed to deliver the promised distribution of land to the tillers. A substantial percentage of private agricultural lands targeted for distribution by the Department of Agrarian Reform (DAR) is yet to be distributed. Yet still, most of the titles and certificates for land granted have been canceled and confiscated. In contrast, government's resolve to make more land available for industrial and residential purposes is reflected in DAR's approval of applications for land-use conversions. The government has approved 95 percent of total applications to land conversion as of December 31, 1997.⁴  

Implications to food security are grave. As the population increases, so does the requirement for food and nutrition. The massive conversion of land to non-agricultural purposes, has already registered a double-digit increase in the prices of agricultural products. The fundamental right to life, even of succeeding generations, is therefore at imminent demise.

(11) Agenda item on Civil and Political Rights, including the questions of: the human rights of all persons subjected to any form of detention or imprisonment

(a.) Political Arrest, Torture and Detention:

Political Detention remains as an effective means of repression by the state. Political Prisoners currently total 154 in 51 jails nationwide. Fifteen (15) of these were arrested as early as during the President's first six months in office. Among the Philippines' political detainees are minors who are suspected of supporting the insurgent New People's Army-Communist Party of the Philippines. Criminalizing political offenses remains a standard policy in order to erase the political nature of arrests and detention. With the practice of criminalizing political offenses, political dissidents do not get the protection due them by law and legitimate political activity is suppressed. Leaders and members of people's organizations are arrested without warrants and are slapped with criminal violations. Farmers demanding land to till have been charged with illegal entry to their farms, workers on strike have been charged with serious coercion and destruction of property, urban poor communities resisting eviction have been slapped with charges of trespassing and physical injuries. With the enactment of the death penalty law, more serious criminal offenses are charged against political prisoners, bringing them closer to capital punishment, if convicted.⁵  

High on the Commission on Human Rights' list of top violators of human rights, particularly torture practices, are officers of the Philippine National Police. Next are the usual elements of the Philippine Military. Torture are applied as means of extracting further information from suspected members of the rebel groups, as well as a standard past time against ordinary civilian detainees. One fourteen year old boy turned himself in to the local police after escaping repeated torture by soldiers who caught him for alleged surveillance activities. Without providing the child with legal remedies, he was still charged for the alleged murder of a paramilitary man and a policeman.

(b) Question of enforced or involuntary disappearances:

The Estrada administration inherited a long list of desaparecidos, containing more than 1,600 names, believed abducted by government agents but were never reported nor officially acknowledged by government. They were activists, lawyers, journalists, church workers, human rights defenders. Half the number disappeared during the Marcos period (759) while more were abducted during the Aquino administration (830) and the least during the Ramos period (65).⁷  

For the past five years, the Philippine government, has allocated financial subsidy to the advocacy work of families of the victims of involuntary disappearances, in recognition of the fact that involuntary disappearances exist and that the state is responsible. Three resolutions criminalizing the practice of enforced disappearances have been filed in Congress. However, no substantial commitment to totally stop the practice of enforced disappearances exist. The issue of compensation, rehabilitation, and impunity have not been addressed. Not a single perpetrator of enforced disappearance has been brought to justice. Cases of politically motivated enforced disappearances have not been investigated, much less prosecuted.

The United Nations Declaration on the Protection of All Persons Against Enforced and Involuntary Disappearance has not been adopted by the Philippine government. Continued disregard of this duty is contrary to the present obligations of the government under the ICCPR. Steps toward its official adoption is therefore urgently recommended.

(d) Independence of the Judiciary, Administration of Justice, Impunity

Capital Punishment Reimposition in the Philippines

The Philippine government has just executed its first death row convict since the reimposition of the capital punishment (Republic Act 7659) in 1993. The execution came after a much debated temporary restraining order by the Supreme Court, which earlier stayed the execution in consideration of a pending bill in the House of Representatives to review the law. Public pressure led Congress to vote on non-review of the law, in order to immediately effect the execution of death convict MR. LEO ECHEGARAY. To date, there are over 800 prisoners convicted of capital punishment for various crimes, such as rape, murder, and robbery with homicide. The Supreme Court has affirmed eleven of these convictions, and five are expected to die within the year. Convictions to be confirmed by the Supreme Court include those of women and minors.

Death penalty is being justified by government as a deterrent to rising criminality. Indeed, proponents of the law found support from the relatives and victims of violent crimes. Law enforcement in the Philippines is so weak and corrupt such that seemingly, many people consider these executions as their only means of avenging the loss of their loved ones.

However this justification is highly suspect as there are no conclusive evidence to show that capital punishment leads to lower criminality. House of Representatives' proposed bill to review the law, in fact asserts that:

• countries that continue to execute criminals tend to have higher incidents of homicide than countries that have abolished the law;
• more advanced countries have steadily abolished death penalty as a measure against criminality;
• effective law enforcement, speedy trials, equal administration of justice, adequate mechanisms and capacity to address the root causes of crime arethe earmarks of a strong criminal justice system, not exterminating death convicts.

Moreover, the Philippine government has ratified the International Bill of Human Rights, which profess reverence to the right to life. The Philippine Constitution holds the protection of life as one of its main principles. And as Filipinos are considered always in the frontlines of human rights and democratization in Asia, it is deeply ironic that Philippine society carry such a cruel law.

The Philippine government is urged to commute the sentences of the minors and the women convicts, in accordance to international standards on the protection of the rights of the child and rights of vulnerable groups. It is also urged that the Philippine government declare a moratorium on executions, and immediately review the law towards its eventual abolition. In furtherance of the objectives of the Universal Declaration of Human Rights, for the enhancement of human dignity and progressive development of human rights for all.

(14) Specific groups and individuals:

(a) Migrant Workers

Philippine export of migrant labor count among the highest in the world at three to seven million, including undocumented workers. Filipino migrant workers are found in 168 countries, predominantly in North America, Saudi Arabia, Hongkong, Malaysia, Taiwan and Japan. Most of them are the sole breadwinners in their families. Since 1992 their contribution to the Philippine economy has steadily increased, and in 1997 before the Asian crisis, migrants in Indonesa were among the top earners. Since the Asian currency crisis however, there has been marked increase in competition for work abroad. This has forced majority of workers in Asia, particularly in Hongkong, to consent to wage cuts, and non-renewal of contracts. As unemployment rates grew in the Philippines, so did the number of undocumented workers that left the country.⁸  

Migrant workers are victims of persisting government neglect as much as the lack of legal protection. Their general condition have deteriorated in the light of downsizing activities of employers. Many were forced to agree to more abusive conditions of work rather than be sent home where the situation would not be any better. Violence against women workers have escalated in the midst of economic depression of employers. Bilateral labor agreements protecting the rights of migrant Filipinoworkers have only been ratified by a few countries. The Philippine government failed to ratify ILO Conventions and recommendations that deal with migrant workers namely Convention Nos. 29,87,97,98,100,105,111,135,138,143 and ILO recommendation nos. 143,149,167. Presently, there are more than 200 Filipinos on death row in various countries where they worked.

During the previous administrations, labor migration was officially considered a temporary condition, and that with an improved national economy, a favorable condition for employment would necessarily attract them back home. With the persisting poverty, and increased flight of the labor force, and with their lifesaving contribution to the national economy especially during the Asian currency crisis, it is clear that instead of a temporary solution to existing unemployment in the country, overseas labor migration has become an official program of government.

(c) Mass exoduses and displaced persons:

The intermittent fighting between government and rebel forces constitute the biggest reason for internal displacement during the past year. Until late 1998, no lasting solution was in sight, as government and the MILF rebels delayed further negotiations for a peaceful political settlement. In the cities, majority of displacement have been caused by unrelenting demolition of urban poor settlements to make way for various infrastructure and real estate projects by public and private actors.

In 1998, a total of 20,4709 ⁹   families fled their homes due to fear for their lives, and property. Many were evicted from their homes, and driven toward a cruel future without livelihood nor opportunities for work.The government does not have existing bodies to deal with the phenomenon of internal displacement in the country and therefore no support, assistance, much less legal redress is available to the victims. A pending House Bill to provide reasonable compensation and benefits for the loss of lives, injuries and damages to property suffered by noncombatant individuals in the course of military or police operations, has been filed in Congress and hopefully will help alleviate the plight of displaced families especially in the rural areas.

III. CONCLUDING RECOMMENDATIONS

In light of the preceding it is urged that steps toward the realization of measures to enforce human rights in the country be adopted by the Philippines, namely:

on item 7: The Right to Development

1. Adopt resolutions and mechanisms affirming the right to protection from loss of life and livelihood in the face of massive land conversion, intrusion of mining, logging and power plant companies into agricultural land as well as indigenous people's land; urging government to enact and implement measures for immediate compensation and remuneration for the loss of lives, property or employment in the event of forced evictions, sudden terminations of casual workers, and related corporate activities, resulting from the economic crisis in the country;
   
   
2. Evaluate the impact of Structural Adjustment Programs as well as related programs under the General Agreement on Tariffs and Trade, on Third World nations such as the Philippines, and their implications to the Philippine commitments to the World Summit on Social Development, Agenda 21, Declaration on the Right to Development, Vienna Declaration and Programme of Action.
   
   

on item 10: Economic, Social and Cultural Rights

1. Adopt resolutions supporting the ratification of an Optional Protocol to the ICESCR
   
   
2. Urge Philippine government to effect a moratorium on land conversions, and initiate dialogue with government and non-government agencies involved in the cases of agrarian reform reversals, toward stronger land policy for food security;
   
   
3. Urge Philippine government to establish mechanisms to protect the rights of casual workers and employees against arbitrary and non-compensatory dismissal, diminutive wages, and inhumane and unsafe working conditions, in the same manner such as trade unions and federations are guaranteed by law;
   
   
4. Urge Philipine government to enact implementing measures to the Indigenous People's Rights Act in the Philippines;
   
   
5. Urge the Philippine government to prosecute violators of the Urban Housing and Development Act.
   
   

on item 11:Civil and Political Rights

1. Urge the Philippine government to release all political prisoners based on current Presidential amnesty and guidelines, as a continuing step to building a conducive atmosphere for peace;
   
   
2. Urge the Philippine government to stop the practice of criminalizing the offenses of political prisoners and recognize the political character of the people's opposition especially to government policies affecting the poor;
   
   
3. Urge the Philippine government to enact and enforce laws penalizing involuntary disappearances, torture and extrajudicial executions;
   
   
4. Urge the Philippine government to suspend executions and review the death penalty law, toward its total abolition, while urging it to ratify the Second Optional Protocol to the ICCPR;
   
   
5. Urge the Philippine government to address the issue of impunity in the country and adopt measures to respond to cases of human rights violations from the framework of prevention rather than simply compensation and litigations.
   
   

on item 14: Specific groups and individuals

Migrant Workers

1. Adopt measures toward making the UNCHR and UN Committee on Economic, Social and Cultural Rights investigate the economic measures adopted by employer countries particularly those affected by the Asian currency crash, to protect the livelihood of migrant workers in their territories;
   
   
2. Include the issue of abuse and killing of migrant workers especially women, in cases subject to ECOSOC Resolution 1503, and available mechanisms under the UN Committee on CEDAW;
   
   
3. In the light of rapid globalization and the asian crisis, the UNCHR is urged to seriously study and develop mechanisms for improving the situation of migrant workers, such that they are not marginalized in the enjoyment of their rights because of their unique status. The ILO is requested to take an active role in urging especially host countries, to ratify ILO Convention nos. 29,87,97,98,100,105,111,135,138,143, as well as ILO recommendation nos. 143,149,167;
   
   
4. The UNCHR should study the reintegration programs of major migrant employing countries, aiming to look into their welfare and those of their families;
   
   
5. The UN should continue to urge members to adopt and ratify the UN Convention on the Protection of Migrant Workers and Members of their Families, in order to acquire the needed support to put it to force.
   
   

Internally Displaced Families

1. The Philippines is urged to adopt and implement the UN Guiding Principles on Internal Displacement as a recognition of the existence of the phonomenon of internal displacement in the Philippines;
   
   
2. The UN is urged to recognize the existence of internally displaced persons as a result of internal armed conflicts, as well as the intrusion of infrastructure projects against the will of the people, and adopt mechanisms to remedy their situation;
   
   
3. The UNCHR is urged to monitor the situation of internal displacement in the country and adopt remedies in accordance to international humanitarian standards.
   
   

¹   Legal Rights and Natural Resources Center-Friends of the Earth, Philippines. Briefing paper: The Mauban, Quezon Coal Fired Thermal Power Plant: The Maubaneņos' Dilemna. May 1998

²   IBON Foundation Inc. IBON Facts & Figures Vol.21 Nos. 8,21-22

³   Department of Labor and Employment (DOLE)

⁴   IBON Databank Foundation. IBON Facts and Figures Vol 21. No.11 P.7 June,1998

⁵   Task Force Detainees of the Philippines. Human Rights Under the Estrada Administration: Rich in Rhetoric, Poor in Action. Human Rights Report 1998

⁶   Task Force Detainees of the Philippines. Philippine Human Rights Update Vol.12No.4. December 1998

⁷   Families of Victims of Involuntary Disappearances (FIND), Report to the 55th Session of the UN Working Group on Enforced or Involuntary Disappearances (UNWGEID), September 1998

⁸   Asian Migrant Center, Ltd.The Philippine. Asian Migrant Yearbook 1998, Migration Facts, Analysis and Issues in 1997.

⁹   Ecumenical Commission for Displaced Families and CommunitiesReported Displacement Incidents January-December 1998.