State Reports - CESCR - Philippines - E/1986/3/Add.17 (1994)

Initial report : Philippines. 15/10/94.

IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Initial reports submitted by States parties to the Covenant concerning rights
covered by articles 10 to 12, in accordance with the second stage of the
programme established by the Economic and Social Council
in its resolution 1988 (LX)

A. Judicial, administrative and other authorities competent in matters relating to human rights 35 - 39

B. Government policies and programmes on care and education of dependent children 145 - 166

B. Government policies and programmes on the protection of working mothers 183 - 186

II. SPECIAL PROTECTION OF CHILDREN FROM SOCIAL AND ECONOMIC EXPLOITATION 209 - 237

B. Government policies on protection of children from economic and social exploitation 215 - 222

D. Difficulties, issues and gaps covering child labour laws and programme implementation 232 - 236

A. Factors affecting adequate standard of living and continuous improvement of living conditions 238 - 247

B. Government policies and programmes on poverty alleviation and social welfare 248 - 297

E. Government policies and programmes to raise the standard of living: 1993-1998 311 - 315

A. Basic legislation on food production, conservation and distribution 440 - 441

C. Government policies and programmes and overview on food conservation and distribution: 1970-1985 447 - 462

D. Agricultural policies, strategies and performance for the period 1987-1992 463 - 554

A. Government policies and programmes on dissemination of knowledge of the principles of nutrition 568 - 575

B. Accomplishments in the dissemination of the principles of nutrition 576 - 582

B. Government policies and strategies and accomplishments on agrarian reform: 1987-1992 588 - 616

C. Government policies and strategies, and accomplishments on agrarian reform in 1993 617 - 653

I. BASIC LEGISLATION ON ENJOYMENT OF THE HIGHEST ATTAINABLE STANDARD OF PHYSICAL AND MENTAL HEALTH 658

II. GOVERNMENT POLICIES AND PROGRAMMES AND OVERVIEW ON THE STANDARDS OF PHYSICAL AND MENTAL HEALTH 659 - 673

I. PROVISION FOR THE REDUCTION OF THE STILLBIRTH RATE AND OF INFANT MORTALITY AND FOR THE HEALTHY DEVELOPMENT OF CHILDREN 674 - 684

II. IMPROVEMENT OF ALL ASPECTS OF ENVIRONMENTAL AND INDUSTRIAL HYGIENE 685 - 690

III. PREVENTION, TREATMENT AND CONTROL OF EPIDEMIC, ENDEMIC, OCCUPATIONAL AND OTHER DISEASES 691 - 702

IV. CREATION OF CONDITIONS WHICH WOULD ASSURE TO ALL MEDICAL SERVICE AND MEDICAL ATTENTION IN THE EVENT OF SICKNESS 703 - 716

PART ONE: GENERAL INFORMATION

1. This initial report on the implementation of articles 10 to 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) covers the period 1974 to January 1994. It includes developments in each area of concern of the said articles of the Covenant.

2. The report consists of two main parts. The first part provides information on the current situation in the Philippines. The second part provides specific information relating to the implementation of articles 10 to 12 of the Covenant.

3. This report gives background information on laws, policies, programmes and recent developments pertinent to the rights enumerated in articles 10 to 12 of the Covenant, the difficulties and problems arising from their implementation, and the prospects for the future.

4. The Philippines is an archipelago located 966 kilometres off the south-eastern coast of mainland Asia. It is bounded on the west and south by the South China Sea, on the east by the Pacific Ocean, on the south by the Sulu and Celebes Seas. Territorial waters measure 2.2 million square kilometres. Its total coastline spans 34,600 kilometres, the longest discontinuous coastline in the world.

5. The country is composed of 7,107 islands with three major island groups: Luzon, with an area of 141,395 sq. km.; Visayas, with an area of 56,606 sq. km.; and Mindanao, with an area of 101,999 sq. km.; 92.3 per cent of the total land area is found within the 11 largest islands. It has a land area of approximately 300,000 square kilometres. It is divided into 15 administrative regions with 76 provinces, 60 cities, 1,543 municipalities and 41,911 barangays (villages).

6. The Philippines is vulnerable to natural calamities. It lies within the Pacific seismic belt. It has 21 active volcanoes. It is visited by an average of 19 typhoons a year, one third of which are destructive.

7. The Filipino is of Malay racial stock. The indigenous culture is a mixture of Malay, Chinese, Japanese, Arabic, Spanish and American influence.

8. There are 110 ethno-linguistic groups in the country which speak at least 70 recorded languages. There are eight major languages with Filipino as the national language, and Filipino and English as the official working languages.

9. Eighty-five per cent of Filipinos are Christians, the majority of whom are Roman Catholics. A little over 10 per cent of the population are followers of Islam and the rest belong to other denominations or sects.

10. The Philippines has the fourteenth largest population in the world. Based on the 1990 Census of Population of 60.6 million, there are now approximately 65.7 million Filipinos. Until recently, the average annual population growth rate was 2.3 per cent. This rate has been slowing down to 2.21 between 1991 and 1992 and 2.16 between 1992 and 1993 (annexes E and F). In 1990, 47.2 per cent of the population were children under the age of 18.

11. The population density is 216 persons per square kilometre and about half of the population is concentrated in urban centres all over the country. This is a result of the rapid urbanization caused mainly by the rural to urban migration.

12. The Republic of the Philippines is a democratic and republican State with a presidential form of government.

13. The Philippines was the first democratic State in Asia. Filipinos liberated themselves from more than 300 years of Spanish colonial rule with the proclamation of Philippine independence on 12 June 1898. The first Republic was short-lived, and ended with the occupation of the Philippines by the United States of America. By virtue of the Treaty of Paris of 10 December 1898, the Spanish colonizers ceded the Philippines to the United States. A seven-year war ensued between the Filipinos and the Americans, ending with the latter's victory in 1905. In 1935, a Constitution was adopted providing for a 10-year Commonwealth Government of the Philippines under American auspices. On 4 July 1946, the Philippines regained its full independence.

14. Since 1946, the country has had a presidential form of government, except for the period from 1972 to 1982, when Martial Law was declared and from 1982-1986, when a parliamentary form of government existed. The 1935 Constitution was replaced in 1973. The present Constitution, approved by referendum in February 1987, restored the presidential form of government with a President, a bicameral Congress consisting of the Senate and House of Representatives and an independent judiciary. The Government works under a system of separation of powers with checks and balances.

15. Executive power is exercised by the President of the Philippines with the assistance of his Cabinet Secretaries. The President is both the head of State and of the Government. The Vice-President assists the President in the performance of his duties and responsibilities and may also be appointed as the head of one of the executive departments. The President and the Vice-President are elected by direct vote of the people for a term of six years without re-election.

16. Legislative power is vested in the Congress of the Philippines consisting of the Senate and the House of Representatives. The Senate is composed of 24 senators elected every six years. The House of Representatives is composed of 250 members. They are elected from legislative districts apportioned among the provinces, cities and Metropolitan Manila area in accordance with the number of population and on the basis of a uniform and progressive ratio. Their term of office is three years. One half of the seats allocated to party list representatives is filled up through selection or election from the labour, peasant, urban poor, indigenous cultural communities, women, youth and disabled and other sectors.

17. Judicial power is vested in the Supreme Court and such other lower courts as may be established by law. The decisions of the Supreme Court are binding on all lower tribunals. The other courts under the Supreme Court are: the Court of Appeals composed of 51 Justices with one Presiding Justice; the lower courts composed of the Regional Trial Courts presided by 720 regional trial judges; the Municipal Circuit Trial Courts which have jurisdiction over one or more cities or one or more municipalities grouped together; and the Municipal Trial Courts established in every city not forming part of the metropolitan area.

18. The democratic structure and processes are further enhanced by the constitutional provisions on social justice and human rights, protection of labour, women and children and the strengthening of local autonomy of the government units (LGUs). The new Local Government Code of 1991 devolves the responsibility and budget for the delivery of basic services in agriculture, health, social welfare and development, public works, environment and natural resources to the LGUs.

19. At subnational levels, governance is assumed by the local LGUs in each administrative area, i.e. province, city, municipality and barangay. Each local government office is composed of both elective and appointive officials. The elective officials include the head and vice-head in each administrative area, i.e. governor and vice-governor for the province, mayor and vice-mayor for the city and municipality, and chairman for the barangay; and as members of the councils, i.e. Sangguniang Panlalawigan (Provincial Council), Sangguniang Panlunsod (City Council) and Sangguniang Barangay (Village Council).

20. The appointive officials include a legal officer, which is a mandatory position at the provincial and city levels, but only optional at the municipal level. One of the duties of the legal officer is to be "... in the frontline of protecting human rights and prosecuting any violations thereof, particularly those which occur during and in the aftermath of man-made or natural disasters and calamities".

21. Legislative power at the subnational levels is vested in the Sanggunian (Council) at each level. Each local government unit has a development council which assists the Sanggunian (Council) in formulating their respective comprehensive and multi-sectoral development plans.

22. Aside from the development councils, other special bodies, namely: Local Pre-qualification Bids and Award's Committee, Local School Board, Local Health Board, and Local Peace and Order Councils at the provincial, city and municipal levels have been created.

23. Section 397 of the Local Government Code created barangay assemblies composed of all residents in the village who shall meet twice a year. The barangay assembly is vested with the power to initiate legislative processes; hear and submit semestral reports of the barangay council; and adopt initiatives as a legal process. The Code also mandates, under section 399, the organization of the Lupong Tagapamayapa (Peace Committee) to settle minor disputes between and among members belonging to the same or to different villages.

24. In 1993, the per capita Gross Domestic Product (GDP) was P 22,335 in current terms (US$ 827), while the per capita Gross National Product (GNP) was P 2,970 (US$ 850) (annexes G, H, I, J and K).

25. The country's economy is based on agriculture and light industry. Rice, corn, coconut, pineapple and sugar are its major agricultural products. Its rich mineral resources, which include copper, cobalt, nickel, silver, iron and gold, are major sources of foreign exchange. Its major industrial products include processed food, textiles, clothing, forest products and home appliances. Aquaculture, garments, microcircuits and semiconductors, furniture made from rattan and other indigenous materials are major sources of export revenues.

26. The decade of the 1980s saw the Philippine economy undergoing several shocks and adjustments. At the time that the Medium-Term Philippine Development Plan, 1987-1992, was formulated, the country was suffering from one of the worst balance-of-payments crises it had experienced in post-war history. A major concern of the Plan, therefore, was to put the economy back on its feet. Economic recovery was the immediate focus, while sustainable development-oriented and rural-based strategy was envisioned as the foundation for sustained growth.

27. The experience of the past six years has highlighted the need to strengthen the economy's ability to withstand both external and internal shocks and uncertainties.

28. Despite the problems encountered on the economic front, the Government sought to pursue its social development efforts. The proportion of the national budget allocated to social services increased from 17.7 per cent in 1991 to 21.3 per cent in 1993. Education was given the highest priority with 11.4 and 12.7 per cent of the national budget allocated to the sector in 1991 and 1993, respectively (annexes L and M).

29. The Government provides social services in the areas of health, nutrition, education, housing, safe water supply and sanitation. Basic services for children are a special concern. The Government is taking definitive steps to address human development concerns in an integrated manner, through the formulation of a social development framework which will guide the planning and programming of human development-related activities from 1993 to 1998. The framework takes into account demographic, economic, social and cultural factors which influence the attainment of total human development in the Philippines.

30. Starting in 1986, the Government has more explicitly focused on poverty alleviation as a goal of national development efforts. In 1988, poverty incidence among Filipinos was 45.5 per cent, 3.8 percentage points lower than it was in 1985. (In the measurement of the poverty threshold, consumption of luxury items was not taken into account.)

31. The Presidential Commission for the Urban Poor (1986) and the Presidential Commission to Fight Poverty (1993) were established by the Government as agencies to engage in poverty alleviation and people empowerment. The Government hopes to reduce poverty incidence to 30 per cent by 1998.

V. GENERAL LEGAL FRAMEWORK WITHIN WHICH HUMAN RIGHTS ARE PROTECTED

32. The fundamental human rights have been an integral part of the Philippine Constitution. The Malolos Constitution adopted in 1898, the 1935, 1973, 1986 (also known as Freedom Constitution), and the 1987 Philippine Constitution all contained a Bill of Rights. Two of the State policies embodied in the Constitution are respect for the dignity of every human person and protection of the basic civil and political rights of the people against State encroachment and abuses. The Bill of Rights specifically prohibits the use of torture, force, threat or intimidation or any other means which vitiates the free will of a person and mandates Congress to pass laws to compensate victims of torture. In this connection, Republic Act (R.A.) No. 7309 was recently passed by Congress providing compensation to victims of torture and unjust imprisonment.

33. One of the key differences between the 1973 and the 1987 Constitutions is the inclusion in the latter of an article on Social Justice and Human Rights. Under this provision, Congress is mandated, among others, to give high priority to the enactment of measures that protect and enhance the right of all the people to human dignity; reduce social, economic and political inequalities; and remove cultural inequities by equitably diffusing wealth and political power for the common good.

34. Prior to the 1987 Constitution, a number of laws were enacted protecting human rights. Foremost of these were the Civil Code, the Revised Penal Code, the Labour Code, and the Child and Youth Welfare Code.

A. Judicial, administrative and other authorities competent in matters relating to human rights

35. The 1987 Constitution enumerates the basic human rights and the judiciary stands as the guardian and bulwark of such rights. The Armed Forces of the Philippines, the National Police and other law enforcement agencies are constitutionally mandated to protect human rights and freedoms of citizens; and ensure the security of the State and its people.

36. The 1987 Constitution created the Commission on Human Rights. It is an independent constitutional body mandated to investigate, on its own or on the complaint by any party, all forms of human rights violations involving civil and political rights; adopt its operational guidelines and rules of procedure and cite for contempt for violations thereof; provide legal measures for the protection of human rights of all persons within the Philippines; provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection; exercise visitorial powers over jails, prisons or detention facilities and request the assistance of any government agency in the performance of its functions; establish a continuing programme of research, education and information to enhance respect for the primacy of human rights; recommend to Congress effective measures to promote human rights; monitor Government's compliance with international treaty obligations on human rights; and grant immunity from prosecution to any person whose testimony, or whose possession of documents or other evidence, is necessary or convenient to determine the truth in any investigation conducted by it, or under its authority.

37. Pursuant to its commitment to promote and protect human rights, the President issued Administrative Order No. 101 (13 December 1991) creating the Presidential Human Rights Committee. It is chaired by the Secretary of Justice. The Philippine Alliance of Human Rights Advocates (PAHRA) and the Free Legal Assistance Group (FLAG) have observer status in the Committee. Non-governmental organizations dealing with human rights are encouraged to participate actively and contribute in the Committee's deliberations. The Committee's mandate is to monitor specific human rights situations in the country; serve as an advisory body to the President; and assist relatives locate those alleged to have disappeared or are believed to be illegally detained.

38. The Office of the Judge Advocate General of the Armed Forces of the Philippines has jurisdiction over complaints against enlisted men. However, under Republic Act No. 7055, "An Act Strengthening Civilian Supremacy Over the Military By Returning to the Civil Courts the Jurisdiction Over Certain Offenses Involving Members of the Armed Forces of the Philippines", members of the Armed Forces, other persons subject to military law, including members of the Citizens Armed Forces Geographical Units (CAFGU), who commit crimes or offences penalized under the Revised Penal Code, and other special penal laws, regardless of whether or not civilians are co-accused, victims or offended parties, shall now be tried by the proper civil courts.

39. The People's Law Enforcement Board, under Republic Act No. 6975 or the Department of the Interior and Local Government Act of 1990, has authority to try erring officers and members of the Philippine National Police.

40. Under the Philippine Rules of Court, a person who has been unlawfully detained or deprived in any other manner of his liberty may file before any Regional Trial Court or the Court of Appeals or directly with the Supreme Court, a petition for the issuance of a writ of habeas corpus to obtain his temporary release.

41. An individual whose human rights were deemed violated may seek immediate assistance from the various government agencies concerned, such as but not limited to the following: Commission on Human Rights; Philippine National Police; National Bureau of Investigation; Public Attorney's Office; Prosecutor's Office; Bureau of Immigration and Deportation, Office of the Solicitor General; Office of the Ombudsman or Tanodbayan; Presidential Anti-Crime Commission; Bureau of Jail Management and Penology for prisoners and other similar agencies.

42. For violations of certain constitutional rights which constitute an offence under the Revised Penal Code such as arbitrary detention (art. 124), delay in the delivery of detained persons for the proper judicial authorities (art. 125), delaying release (art. 126), expulsion (art. 127), violation of interruption and dissolution of peaceful meetings (art. 131), maltreatment of prisoners (art. 235), kidnapping and serious illegal detention (art. 267), slight illegal detention (art. 268), unlawful arrest (art. 269), resort may be had from the aforecited agencies for legal assistance or protective custody as the case may be, and for the filing of appropriate case against the suspect/accused before our courts.

43. The Revised Penal Code is considered as a public law which concerns public interest, except for those private crimes such as rape and adultery in which the intervention of the private offended party is necessary. For other violations punishable under the Revised Penal Code, the action is filed in the name of the People of the Philippines. The offended party files a complaint before the Public Prosecutor's Office which would conduct a preliminary investigation and determine whether there is probable cause that the crime punishable under the Code has been committed. The Public Prosecutor's Office files the corresponding information to the regular courts which would in turn determine the culpability of the offender and impose the necessary penalty.

44. Apart from filing his complaint with the concerned government offices, an individual who claims that any of his rights has been violated can file a special civil action before the proper civil court for habeas corpus, prohibition, mandatory injunction, or restraining order. The privilege of the writ of habeas corpus is an extraordinary remedy resorted to by a person who has been illegally deprived of liberty and is an order of the court requiring the person detaining another to produce the detained person before the court and to explain the cause of his detention. On the other hand, the writ of prohibition seeks to prohibit a lower court or administrative agency from trying a case because of lack of jurisdiction. The writ of injunction seeks to restrain a public officer from doing an act (preventive injunction) or to compel him to do an act required by law (mandatory injunction).

45. Republic Act No. 7438, "An Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation as Well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations Thereof" lays down the duties of arresting, detaining and investigating officers when conducting an arrest, detention or custodial investigation. The law extends the visitorial right not only to the suspect's lawyer and his immediate family, but also his medical doctor, priest or religious minister. The word "immediate family" includes the person's spouse, fianc� or fianc�e, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece and guardian or ward. The word "custodial investigation" includes the practice of issuing an "invitation" to a person who is investigated in connection with commission of an offence.

46. The Civil Code of the Philippines regulates the private relations of the members of civil society, determining their respective rights and obligations with reference to persons, things and civil acts. Under its provisions, every person must in the exercise of his rights and in the performance of his duties act with justice, give everyone his due and observe honesty and good faith.

47. The Civil Code also protects human rights when it imposes liability for damages on any public officer or employee, or any private individual who directly or indirectly obstructs, defeats or violates or in any manner impedes or impairs the rights or liberties of another person enumerated in article 32 of the Civil Code. In case of violations punishable under the Civil Code, the offended party files his/her complaint before the regular court which has jurisdiction over the matter, except those cases covered by the provisions of Republic Act No. 7160 requiring amicable settlement and arbitration.

48. The Family Code revises the provisions of the Civil Code of the Philippines (Republic Act No. 386) on marriage and family relations to make them more relevant to Filipino customs, values and ideals. The Code implements the relevant provisions of the 1987 Constitution which are designed to strengthen the basic institutions of marriage and the family and to ensure fundamental equality of women and men.

49. The Child and Youth Welfare Code (Presidential Decree No. 603), is the basic framework for the development and protection of children. It defines the rights and the responsibilities of children as well as the responsibilities of the family, community, samahan (association), school, church and the State in ensuring the proper development of children. It presents the administrative measures and programmes for the care and treatment of special children, namely, the abandoned, neglected, dependent, working, physically disabled and emotionally disturbed children, as well as youth offenders. Protection measures for children are further amplified in Republic Act No. 7610, an Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination Providing Penalties for its Violation. This law was further amended by Republic Act No. 7658 to enforce particularly the policy against child labour.

50. The following are the other ancillary remedies available to an aggrieved party:

(a) To move before the proper civil court for the fixing of his or her bail, if detained without bail, or for the reduction of the amount of bail; and

(b) To move before the proper investigating prosecutor court or military authority for suppression of evidence he claims to have been illegally obtained.

51. An aggrieved party may also file before the Supreme Court a petition for the review by certiorari any order of any final decision of a lower civil court against him.

52. With respect to convictions by court martial, the convicted person need not appeal, as appellate review is compulsory or automatic pursuant to the Articles of War for the Armed Forces of the Philippines. The following authorities review the decisions of the court martial: the Armed Forces of the Philippines Board of Review, the Board of Military Review, the Office of the Secretary of National Defense and the Office of the President.

53. Complaints of human rights violations may also be filed with the Presidential Human Rights Committee. Relatives, friends and representatives of individuals who have disappeared or are believed to be illegally detained may also file complaints with this Committee.

54. The Comprehensive Agrarian Reform Law of 1988 (Republic Act No. 6657) provides for the development of an agrarian reform programme to promote the welfare of landless farmers and other farm workers in order to establish social justice and to advance rural development and industrialization. It is anchored in the right of landless farmers or farm workers to own directly or collectively the land they till or receive their just share in the fruits thereof. In the just distribution of land, the programme respects the rights of the small landowners as well as the homestead rights of the small settlers and the rights of the indigenous cultural communities to their ancestral domain. For the adjudication of such claims, the claimant may file a case with the Department of Agrarian Reform.

55. The Labour Code of the Philippines implements the State policy of affording full protection to labour and substantiates the constitutional provisions on the promotion of employment and manpower development, and protection of the workers' welfare and strengthening of industrial peace and social justice. Labour disputes may be brought before the National Labour Relations Commission and the National Conciliation and Mediation Board.

56. The Commission on Human Rights has established protective legal measures to safeguard the rights of Filipinos according to the principles guaranteed by the Philippine Constitution and international treaty obligations. It deals directly with any particular type of human rights violation, primarily those involving civil and political rights. Specifically, the Commission handles complaints of execution, disappearances, arrest and detention and torture, in addition to other human rights violations related to armed conflict. It may also request the assistance of other agencies of the Government in the fulfilment of its mandate.

57. The Commission gathers, examines and evaluates incidents of human rights violations through its regional and subregional offices throughout the country. Based on the results of the investigation, it recommends the filing of human rights cases in the proper civil courts, military tribunals or other administrative agencies of the Government.

58. In order to act immediately on cases involving human rights violations, the Commission initiated the Quick Reaction Team System. It is an urgent action system whereby investigators on duty are immediately sent to areas where violations have occurred or to areas where such violations are likely to occur. The team interviews and takes sworn statements of complainants or witnesses and gathers other pertinent facts through ocular inspection of the subject area. In cases where torture or deaths have occurred, a doctor conducts an impartial and competent medical examination of the victims even in the absence of a formal complaint.

59. Jail visitations are conducted by the Commission to determine the general living conditions in jails, prisons and detention centres. Legal assistance in the forms of referrals and representations are also being made by the Commission's lawyers with the concerned authorities. Foremost is the improvement of the prisoner's living conditions as well as the processing of the required documentation that could assist in obtaining the prisoner's release or pardon.

60. Moreover, the Commission has provided the following financial and humanitarian assistance, namely, immediate medical aid or rehabilitation services needed by individuals as a result of human rights violations involving physical injuries resulting from torture. Included also under the humanitarian assistance is the provision of financial aid to victims of human rights violations in the absence of appropriate legislation that provides for compensation. This is granted to give immediate and temporary alleviation of the economic burden and social dislocation that may have resulted on account of the violation.

61. On 8 May 1988 in its paper entitled "Statement on Human Rights", the Commission on Human Rights stated that a person may not be detained unlawfully, that during his detention, no torture, force, violence, threat, or any means that vitiate his free will nor physical, psychological or degrading punishment shall be used against him. Neither shall he be placed in secret detention, solitary confinement, and other similar circumstances. The Commission likewise issued on the same day the "Guidelines on Visitation and the Conduct of Investigation, Arrest, Detention and Related Operations".

62. Since the above statement and guidelines are addressed primarily to the law enforcement agencies, the Secretary of National Defence, the Armed Forces of the Philippines' Chief of Staff, and the Chairman of the Philippine National Police Commission issued on 6 May 1988, a Joint Declaration of Undertaking in which they pledged to observe and strictly implement the above statement and guidelines of the Commission on Human Rights. Particularly mentioned were observance of rights guaranteed in the Constitution, cooperation with Commission members or representatives in the exercise of their official functions, protection of complainants and witnesses in human rights cases, and free access of family members, legal counsel and spiritual advisers to detained persons.

63. Representation with the Department of Justice (DOJ), which is in charge of the prosecution of offences, is also undertaken by the Commission. This is to give preferential attention to the hearing and termination of cases of detainees. As a result, DOJ closely monitors prosecutors who handle these cases to ensure that investigations are completed within the required 60-day period. The Supreme Court, in a parallel move, has likewise urged judges to speed up the resolution of cases through the continuous trial system.

64. A Witness Protection Programme was instituted to give witnesses the necessary courage and confidence to serve the ends of justice. It involves securing the lives of the witnesses, victims and their immediate family members and protecting them from any form of harassment or threat.

65. Resolution CHR No. A88-046 of the Commission on Human Rights prescribes the guidelines under which victims of human rights violations are qualified to receive financial assistance. Among others, it states that the victim, his relatives or anyone in his behalf shall file a formal complaint with the Commission and provide details of the alleged violation of human rights including: the name and personal circumstances of the victim; the nature and circumstances of the acts of violation complained of; the time, date and place where it occurred; the suspected perpetrators, if identified; and the effect of the acts complained of on the victim.

66. The evidence to be submitted by the complainant need not necessarily be of such nature as to warrant the criminal prosecution of the perpetrator of the violation. It is enough that by preponderance of evidence it is established that a violation of human rights did occur and that the person named in the complaint was the victim thereof. Inability to identify the perpetrator or the subsequent execution of an affidavit of desistance shall not be a ground to deny financial assistance.

67. Any victim of a human rights violation who executes an affidavit of desistance in return for a monetary consideration, or who refuses to cooperate of his own volition with the Commission in the investigation shall be disqualified from receiving any financial assistance.

68. The financial assistance to be extended to the victim of a human rights violation or to his family shall not be in the nature of compensation, but in the nature of temporary relief such as assistance for transportation, hospitalization and medical fees, medicines, funeral expenses and others of similar nature. Such assistance is intended to alleviate immediately the financial burden of the victim or his family who suffered as a result of the violation. On a case-by-case basis, the Commission shall determine such other cases where the victim or his family may qualify for financial assistance.

69. The Department of Justice is one of the executive departments that plays a vital role in the enforcement and promotion of human rights through its various bureaux, offices and committees at the national and subnational levels.

70. The National Prosecution Service, headed by the Office of the Chief State Prosecutor (OCSP), is responsible for the investigation and prosecution of all criminal offences under the Revised Penal Code and other special penal laws. The OCSP also resolves appeals and petitions for review of all preliminary investigations conducted. Likewise, the OCSP also renders opinions on queries from prosecutors regarding violations of the Revised Penal Code and other special penal laws, and investigates, prosecutes and decides administrative complaints filed against prosecutors.

71. The National Bureau of Investigation (NBI) is responsible for the detection and investigation of all classifications of criminal offences and acts as a national clearing house of criminal records and other information. The NBI also investigates civil or administrative cases of interest to the Government; gives technical assistance to all prosecuting and law enforcement agencies, the courts and party litigants; maintains a crime laboratory and conducts research; coordinates with other national or local police agencies in the investigation of crimes; collects intelligence data and coordinates with other intelligence agencies, including Interpol; and assists in the implementation of the Dangerous Drugs Law.

72. The Bureau of Immigration and Deportation (BID) is responsible for the control and regulation of alien immigration. The BID determines the veracity of claims to Philippine citizenship; excludes improperly documented aliens; and identifies undesirable aliens, determines their whereabouts and other circumstances, and deports them when circumstances so warrant.

73. The Public Attorney's Office (PAO) renders free legal advice, counselling, legal documentation services, and mediation services to the indigent. The PAO also represents the indigent or immediate members of their families in all civil, criminal, labour and administrative cases; extends legal assistance to suspects and respondents in custodial investigations; and visits, assists or represents indigent prisoner's upon request.

74. The Office of the Solicitor General (OSG) is an independent office attached to the Department of Justice which plays a vital role in the advocacy of laws and human rights. The OSG provides legal advice and services to the Government and its functionaries and assists the State in its capacity as parens patriae.

75. The Office of the Ombudsman, or Tanodbayan, is another independent office dealing with human rights enforcement. The main function of this Office is to prevent abuse of power by government officials which adversely affects private rights. The prosecution arm of the Department of Justice works closely with the Office of the Ombudsman and the Office of the Special Prosecutor.

76. The Ombudsman Act of 1989 (Republic Act No. 6770) strengthened the powers of the Office of the Ombudsman making it a more potent administrative machinery to insure that government officials remain accountable to the people.

77. A number of other administrative agencies facilitate the implementation and enforcement of human rights. They mainly implement policies in accordance with the laws and administrative issuances. Very often, they enforce and promote the positive rights of citizens which affect their daily lives. For instance, the Department of Labour and Employment sees to it that the rights of workers are protected and their welfare promoted. The Department of Agrarian Reform implements the Comprehensive Agrarian Reform Law to promote the economic rights of farmers. With respect to the rights of Filipino children, the Council for the Welfare of Children has been created by virtue of the Child and Youth Welfare Code to coordinate the implementation and enforcement by executive departments of all laws relative to the promotion of child and youth welfare.

78. The new Constitution protects, inter alia, the following rights: the right to life, liberty or property (sect. 1, art. III); right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature (sect. 2, art. III); right to privacy of communication and correspondence; freedom of speech, of expression, or of the press, or the right of the people to assemble peacefully and petition the Government for redress of grievances; free exercise and establishment of religion; liberty of abode and changing of the same; right of people to information on matters of public concern; right to form unions and associations; right of persons under investigation to be informed of their rights, to remain silent and to have competent and independent counsel; right to bail; right to due process; right to presumption of innocence until the contrary is proven; right to speedy disposition of cases, right to be free from involuntary servitude in any form except as a punishment for a crime whereof the party shall have been duly convicted. Moreover, the privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

79. By virtue of section 2, article II, of the Philippine Constitution, the Philippines "adopts the generally-accepted principles of international law as part of the law of the land" which means that provisions of these human rights instruments can be invoked before and be directly enforced by Philippine courts, other tribunals or administrative authorities. Moreover, section 18 (7), article XIII, of the Constitution provides that the Commission on Human Rights shall monitor the Philippine Government's compliance with international treaty obligations on human rights.

80. As of December 1993, the Philippines has signed, ratified or acceded to 20 international human rights instruments including the International Covenant on Civil and Political Rights, the Optional Protocol to the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child. The full list of international human rights instruments signed, ratified or acceded to by the Philippines is attached as annex B. The list of international instruments signed, ratified, acceded to or accepted by the Philippines which are relevant to articles 10 and 12 of the International Covenant on Economic, Social and Cultural Rights is attached as annex C.

81. The Philippines ensures that respect for human rights is observed and, consistent with the mandate of the Commission on Human Rights to promote human rights, it has intensified measures such as public information and education campaigns, training seminars, and assistance. Human rights subjects have also been integrated in the regular in-service training for all members and staff of the Armed Forces (Memorandum Order No. 20 concerning Education of Arresting and Investigating Personnel on Human Rights).

82. The Commission on Human rights has actively engaged in human rights education, planning, implementation and coordination with various concerned agencies involved in human rights education. In cooperation with the Department of Education, Culture and Sports, the Commission is developing educational materials on human rights with the prospect of including them in the elementary and high school curricula as mandated by Executive Order No. 27 (4 July 1986) which would utilize the system of formal and informal education for the purpose.

83. To increase the citizenry's awareness of their various rights and obligations under local and international law, the Commission has produced various publications including primers on human rights in Filipino such as the Filipino version of the United Nations Declaration of Human Rights (published by the University of the Philippines) and the Primer On the Human Rights Issue In The Philippines, vol II, No. 4, April 1991 (published by the Office of the Press Secretary and the Philippine Commission on Human Rights). Other printed materials such as posters and brochures are also being produced and disseminated all over the country.

84. The Commission has initiated several series of consultations and dialogues with government agencies as well as non-governmental entities that can directly help to promote the concept and generate awareness of human rights. This has reinforced the Commission's coordinative task in finding legal, administrative and other alternative measures in resolving human rights issues.

85. Through its Public Information and Education Office, the Philippine Commission on Human Rights undertakes education, training and dissemination of human rights information in order to enhance public awareness, knowledge and understanding of the principles and concepts of human rights. The Commission has established 12 regional offices and 4 suboffices nationwide to expedite investigations and provide easy access to human rights victims, as well as for dissemination of information concerning human rights.

A. Basic legislation on the family and marriage

86. The importance of the role of the Filipino family in Philippine society is recognized in the 1987 Constitution which mandates the State to protect and strengthen the family as a basic autonomous social institution. Further, the natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

87. To give meaning and substance to the aforecited State policy, the Philippine Constitution devoted one whole provision (art. X) on the family. It requires the State to recognize the Filipino family as the foundation of the nation. Accordingly, the State shall strengthen its solidarity and actively promote its total development. Marriage is recognized as an inviolable social institution, the foundation of the family, and therefore deserving the protection of the State. The Constitution encourages the exercise of the right of the spouses to found a family in accordance with their religious conviction and the demands of responsible parenthood.

88. Furthermore, the Constitution provides for the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; the right of the family to a family living wage and income; and the right of families or family associations to participate in the planning and implementation of policies and programmes that affect them. The Constitution even enjoins the family and the State to care for its elderly members.

89. Since 1950, family relations were governed primarily by the Civil Code. In order to strengthen the family as an autonomous institution and the basic unit of Philippine society, the Family Code of the Philippines was enacted in 1987. It aims to strengthen marriage and family relations within the context of Filipino values and traditions, as well as current trends in Philippine society.

90. Family relations are regulated by the Family Code of the Philippines which governs marriage, legal separation, property relations, rights and obligations between husband and wife, the family and the home. Muslims are covered by the special provisions of the Muslim Code of Personal Laws. The Child and Youth Welfare Code (Presidential Decree No. 603, as amended) also governs family relations with special emphasis on the child.

91. The New Family Code of the Philippines (Executive Order No. 209 issued in 1987) has amended the Civil Code. The husband and wife now jointly decide where the family domicile will be established (art. 69) and are jointly responsible for the support and management of the family and household (arts. 70-71). The administration and enjoyment of the communal property or the conjugal partnership property belong to both spouses jointly (arts. 96 and 124); likewise both spouses jointly exercise legal guardianship over the property of their unemancipated common children (art. 225).

92. Under article 45 of the Family Code, a marriage may also be annulled for any of the following causes existing at the time of marriage: (i) lack of parental consent, (ii) insanity, (iii) consent obtained by fraud, (iv) consent obtained through force, intimidation or undue influence, (v) physical incapacity to consummate the marriage with such incapacity appearing to be incurable or, (vi) affliction with a sexually transmissible disease.

93. Marital relationships within the Filipino family today are challenged by four concerns: working wives, overseas contract worker spouses, marital infidelity and marital dissolution.

94. Legal separation is still frowned upon in Philippine society. However, family separations and informal dissolution of marriages seem to have been on the rise since the mid-1970s.

96. Mean household size has been diminishing at an accelerated pace (6.2 persons in 1972 to 5.3 in 1990). There has been an increase in one-person households and a decrease in large-size households. In 1973, 16 per cent of households had one to three members while the comparative figure for 1986 was 23 per cent. There is also continuing nuclearization of family households with 12 per cent of households nuclear in 1973 and 83.4 per cent in 1986. The increase in female headship of family households especially by single female parents is also noticeable. The continuing high rate of growth in the number of households is apparent.

97. Article 149 of the Family Code emphasizes that the family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no customs, practice or agreement destructive of the family shall be recognized or given effect.

98. In the Philippines, family relations include those between husband and wife; between parents and children; among full or half brothers and sisters.

99. Preservation of family harmony as a legal policy is evident in article 151 of the Family Code, which provides that no suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts towards a compromise have been made, but the same have failed. If it is shown that no such efforts were in fact made, the case must be dismissed, except in cases which may not be subject to compromise. The establishment of a family home, which is exempted from foreclosure, forced sale or attachment, except as provided by the Family Code, is another measure of protection of the family.

100. The 1987 Constitution defines marriage as an inviolable social institution, and the Family Code further amplifies that it is a special contract of permanent union between a man and a woman, entered into in accordance with law, for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents, are governed by law and are not subject to stipulation.

101. Legal capacity of the contracting parties, who must be a male and a female, and consent freely given in the presence of the solemnizing officer are the essential requisites of marriage. Absence of either will render the marriage void ab initio.

102. The principle of the inviolability of the marriage institution is construed as the basis for the prohibition of divorce under any circumstance. Hence, in the Philippines, only legal separation is allowed. However, no legal separation may be decreed unless the court has taken steps towards reconciling the spouses and is fully satisfied that reconciliation is highly improbable (art. 59, Family Code).

103. Before the promulgation of Executive Order No. 227 on 17 July 1987, a Filipino citizen who married a foreigner and was subsequently divorced by the foreign spouse faced the absurd situation of being married under Philippine law, although already divorced under the law of his former spouse. This situation has been rectified under Executive Order No. 227, which amended article 26 of the Family Code. Now the Filipino spouse shall have the capacity to marry again under Philippine law, provided that the divorce is validly obtained abroad by the alien spouse.

104. Marriages between Muslim Filipinos are governed by the Muslim Code of Personal Laws.

105. The Muslim Code provides that it shall apply to marriage and divorce where both parties are Muslims, or where the male is a Muslim, or the marriage is solemnized in accordance with Muslim law or Muslim Code, in any part of the Philippines. In case of a marriage between a Muslim and non-Muslim, solemnized not in accordance with Muslim law or the Muslim Code, the Civil Code of the Philippines shall apply.

106. Article 14 of the Muslim Code provides that marriage is not only a civil contract but a social institution. Muslim marriage is not merely a civil contract because: (i) unlike civil contracts, it cannot be made contingent on a future event; and (ii) it cannot be for a limited time.

107. The essential requisites of marriage under Muslim law are legal capacity of the contracting parties; mutual consent of the parties; offer (ijab) and acceptance (gabul) of the marriage duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and stipulation of customary dowry (manu) duly witnessed by two competent persons.

108. In Islam, monogamy is a general rule while polygamy is only an exception. To justify a subsequent marriage, the man must be able to deal with his wives equally in terms of companionship and treatment. In some instances, polygamous relationships become inevitable when the wife is unable to procreate, is in a state of perpetual illness or is unsuitable for cohabitation.

109. Under Islamic law, the husband and the wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support. When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonour or material injury upon the other, the injured party may petition the court for relief. The court may counsel the offender to comply with his or her duties, and take such measures as may be proper (art. 34).

110. The husband and the wife have the right to divorce under the Muslim Code (art. 34).

111. In general, a Filipino spouse shall own, possess, administer, enjoy and dispose of his or her own exclusive estate even without the consent of the other. However, the court may, upon petition of either spouse, grant to the other the administration of such property.

112. For the single parent, Presidential Decree No. 603 provides that the State shall give assistance to widowed or abandoned parents as when the spouse is in prolonged absence due to illness or imprisonment, and is unable to support his children. It further states that such parents should be helped to acquire the necessary knowledge and skills needed for the proper maintenance of the family.

113. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation (art. XII, sect. 14, of the 1987 Philippine Constitution.)

114. For detailed discussions on the Filipino family and its responsibility for the care and education of dependent children, please refer to the Philippine initial report on the implementation of the Convention on the Rights of the Child and the first, second and third reports on the Implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

B. Government policies and programmes on family: 1987-1992

115. The Government embarked on a family-focused approach to service delivery. In order to reach the more disadvantaged groups and to address the task of employment generation, programmes on self-sufficiency and self-reliance were expanded. The national livelihood programme was launched to promote and provide opportunities for self-employment. As a consequence, income-generating livelihood programmes and projects and entrepreneurial training increased during the period.

116. Republic Act No. 7160, enacted in 1991, mandated the implementation of family and community welfare and development services by the local government units. Under this law the Department of Social Welfare and Development (DSWD) through the Bureau of Family and Community Welfare retained the following functions:

(a) Formulation of programmes, policies, rules, regulations and standards relative to the implementation of family and community welfare and development services;

(b) Initiation and administration of pilot or special projects for demonstration of the corresponding policies, programmes, services, strategies, methods, procedures and guidelines prior to nationwide implementation; and

(c) Evaluation, and provision of technical assistance and consultative services to operating units and local government welfare departments on programme implementation.

117. Pursuant to its retained functions, the DSWD developed standards for the guidance of local government social welfare units and non-governmental agencies on the following family and community welfare and development services:

(a) Parent Effectiveness Service, which includes parenting sessions on: early childhood care and development, parenting laws, improving marital relationship, health care;

(b) Responsible Parenthood Service, which refers to the provision of information and guides to individuals and couples of reproductive age in making decisions and corresponding action on planning family size and child spacing;

(c) Marriage Counselling Service, which refers to the provision of guidance to would-be couples on the realities and obligations of conjugal life and thereby coming to an informed decision about marriage. This service also includes exploring information and alternatives with married couples and making decisions about resolution of marital differences or enrichment of conjugal relationship;

(d) Family Casework, provides family members who are unable to cope with role adjustments resulting from crisis situations with knowledge and skills in problem solving;

(e) Special Social Services for Single Parents, which refers to counselling on the resolution of negative and bothersome feelings brought about by the loss or absence of the spouse; and

(f) Self-Employment Assistance, which refers to the provision of capital assistance to disadvantaged families, family members or groups to undertake income-generating projects.

118. The Philippine Development Plan for Women (PDPW): 1989-1992, defines the policy directions concerning women and their role in the national development process.

119. In January 1990, the National Commission on the Role of Filipino Women (NCRFW) created six Project Groups addressing women's concerns one of which is the family. The Project Group on Family was tasked: (i) to formulate policies and develop programmes which respond to family related issues, and (ii) to institutionalize the responsibility for women's concerns in the family in government institutions. The Group formulated a conceptual framework called Family Wheel which is concerned with the woman in the family and in society. The Family Wheel Framework is a response to the call of the International Year of the Family to identify priority areas of concern for the family and to come up with strategies and measures with which to tackle such areas of concerns.

120. In the Philippine Population Programme, women are encouraged and motivated to take an active role in population and development concerns. The paper on the Philippine Population Programme is attached as annex N.

121. The three primary roles of women are as wage-earner, decision maker, and agent of change. This is not to deny the traditional role of motherhood, but only to stress that motherhood itself is precisely part and parcel of the above-mentioned roles. Motherhood is to be freely and responsibly decided upon by every woman.

122. Motherhood is a result of a woman's and her husband's free decision to have a child (decision maker), considering their economic responsibilities which include hers (wage-earner), and her other commitments (change agent) to God, society, her husband, her children, and her commitment to herself as a human being.

123. As wage-earners, women continuously struggle to gain equal access to economic and social resources and opportunities. The role of women as decision makers recognize the inherent right and capacity of every woman to be given equal access to the decision-making process. The women as agents of change see themselves as moving away from traditional gender role, i.e. of being housewives. They have gained credit and recognition for their initiatives and determination to respond creatively to new socio-economic and political conditions by assuming new roles, either as income earners or as partners or contributors in nation-building, among others.

124. Women in the family assume more than the role of mothers giving care and attention to their children and husbands. Often, they work either as employees, wage-earners or home-based workers to augment their families' income, apart from their other tasks of preparing food, seeing to the health and schooling of their children and seeing to the physical maintenance of the household. The "double burden" leaves them little time for themselves and their own well-being, which are usually the last considerations in their allocation of time and resources.

125. Their contributions to the economic upkeep of their families in times of economic crisis is especially crucial as women have been found to improvise ways and means to provide food for the family through vending, accepting laundry work and the like. More and more women are also absorbed in the formal labour sector even as they grapple with the problems of child care and housekeeping. A still more drastic measure to help families to survive economically is the women's decision to go abroad to work as domestic helpers or entertainers. There are an estimated half a million such women, the majority of whom are married and with children.

126. Another issue on women in the family that is now only beginning to be addressed is that of domestic or family violence. Recent studies have shown the extent to which domestic violence has been occurring in the family. Moreover, incest, abuse of the elderly and wife-beating are just now emerging as special concerns of the Government.

127. Among the programmes that the National Commission on the Role of Filipino Women (NCRFW) is helping to implement with the Philippine National Police in response to the problem of domestic violence is the training of policewomen, and eventually all policemen, on the issue of violence against women including rape, battery and incest. Information packets have been produced to better inform the public and government agencies about this hidden crime in the family.

(c) Males continue to dominate headship in households of the married population, while females dominate households of singles, widows and separated persons;

(e) Filipinos are considering alternative routes to marital union, other than legal, registered marriage;

(h) Changing attitude towards premarital sex and pregnancy outside of marriage, indicating changes in values concerning sexual expression;

129. The Philippine Plan for Gender-Responsive Development (PPGD) 1995-2025 (successor to the Philippine Development Plan for Women, 1989-1992) is presently being drafted. The Plan's chapter on the Family is being formulated towards the implementation of the following policies and programmes:

(b) Development of a statistical database and research on families and households;

(c) Review of existing legislation, policies and programmes and their assessment in terms of their impact on family life;

(d) Development of value formation materials and teaching modules to promote family life and relationships;

(e) Design of educational materials and textbooks to incorporate new values and messages, particularly in Life and Family Education;

(f) Curbing media messages and content that are inimical to children, women and families;

(g) Supporting efforts aimed at recognizing the vital value of housework; nurturance and child care;

(h) Corrections of gender inequalities and reduction of the double burden of women, promotion of a more democratic distribution of family tasks and responsibilities;

(i) Adoption of measures to involve men in health care and family planning programmes, and to engage them in all services and programmes intended to enhance family well-being;

(j) Implementation of programmes aimed at generating employment and income-earning opportunities, especially those that provide land and housing shelter services for single parents from poor households;

(k) Strengthening the capacity of the Katarungang Pambarangay (People's Court) to act on family cases and complaints, handle mediation and conciliation efforts.

130. A pending bill (House Bill No. 8202) proposes the creation of a National Commission on Family responsible for formulating and recommending policies and programmes to strengthen and promote the solidarity and total development of the Filipino family.

131. Another pending bill in Congress (Senate Bill No. 116) which, if approved, will allow married women or legally separated women to use their maiden first name and surname. It seeks to translate into reality the constitutional principle of "fundamental equality" of women and men before the law.

132. The other bill (House Bill No. 698) seeks to provide a comprehensive programme against wife-beating and increasing penalties for habitual offenders.

133. The creation of a juvenile and family court in all provinces and cities throughout the country is also proposed (House Bill No. 7481).

134. The Department of Labour and Employment, in order to assist in the preservation of the families of overseas contract workers, will be initiating in 1994 compulsory pre-deployment family counselling seminars for all overseas-bound workers registered with the Overseas Workers Welfare Administration.

135. Implementation and strengthening of "peer counselling" for single parents in the home and on the job will also be initiated.

136. The need for more comprehensive and intensive studies on marital satisfaction and adjustment of Filipino couples will also be addressed.

A. Basic legislation on care and education of dependent children

137. The Philippines places great value on children. The Child and Youth Welfare Code affirms this: "The Child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life".

138. To ensure the care of the children, the Child and Youth Welfare Code and the Family Code provide that caring for and supporting the child shall be the duty of parents. However, where parents are unable to fulfil their duties to their children, the State shall provide assistance to them. These laws also describe the specific functions of different societal structures in the care and rearing of children. The community, village councils, youth associations and peoples' groups are directed to provide services or various forms of assistance in the care, rearing, education of and other necessary support to children.

139. The administration of President Fidel V. Ramos affirms increasing efforts for the welfare of Filipino children through the Philippine Plan of Action for Children 2000.

140. Early childhood care and development have been recognized as an important aspect of the child's education. The Barangay-Level Total Development and Protection of Children Act (Republic Act No. 6972) provides for the establishment of a day care centre in every barangay, which shall have a total development and protection programme to serve the needs of children up to six years old.

141. The Act Establishing and Providing for Free Public Secondary Education (Republic Act No. 6655) passed on 26 May 1988 provides for free tuition and other school fees for secondary level students in national high schools, general comprehensive high schools, State colleges and universities, specialized schools, i.e. trade, technical, vocational, fishery and agricultural schools, and schools run by local government units.

142. The Government Assistance to Students and Teachers in Public Education Act (Republic Act No. 6728) authorizes the Government to enter into service contracts with private schools to accommodate students who cannot be absorbed in the public school system due to resource constraints, and to give tuition fee supplements to students with financial difficulties who are enrolled in private secondary schools. Since the Education Act was passed, enrolment in high schools increased by 6.9 per cent.

143. A system for technical vocational education is in place with efforts which started over 65 years ago through the Vocational Education Act of 1927. In the implementation of the law strong linkages have been established with related industries.

144. The right of access to quality education for children with special needs is anchored on the Philippine Constitution. Article XIV, section 1, mandates that "the State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all". The enactment of Republic Act No. 7277, the Magna Carta for Disabled Persons provides for the maximum development of persons with disabilities, and for their ultimate integration in society. Specifically, section 14 of the Act provides for the establishment, maintenance and support of a complete, adequate and integrated system of special education for the visually and hearing impaired, mentally retarded persons and other types of exceptional children in all regions of the country. Other legislation supporting the provision of special education to special learners are the Education Act of 1982 (Batos Pambansa ("National Laws") No. 232) and the Child and Youth Welfare Code (Presidential Decree No. 603).

B. Government policies and programmes on care

and education of dependent children

145. The Philippine educational system is comprised of two major components, the formal subsector and the informal subsector. The formal progression of the Philippine educational system includes the elementary, secondary and tertiary levels. Elementary education involves the preschool programme, such as kindergarten, and compulsory basic education corresponding to the traditional six to seven grades. Elementary education provides basic knowledge and develops the foundation skills, attitudes and values, including moral and spiritual dimensions essential to the child's personal development and necessary for living in and contributing to a developing and changing society. Elementary education likewise promotes the child's knowledge of, identification with, and love for the nation and the people, and enhances the child's orientation and preparation for honest and gainful work.

146. Secondary education is a continuation of the basic education provided in the elementary level and the learning of employable and gainful skills, usually corresponding to four years of high school. Republic Act No. 6655 passed on 26 May 1988 provides for free secondary education in public high schools. Secondary education emphasizes the use and extension of tools for exploring and acquiring intellectual, social, moral and physical concepts, ideals, attitudes, and skills in order to develop the whole human being. It also provides the students with skills for productive endeavour and thus prepare him for work and for further formal studies in higher education.

147. Non-formal education provides specialized educational services to children who entered but failed to complete their schooling and to special clientele groups. Non-formal education helps eradicate illiteracy and raise the level of functional literacy of the population. It develops among its clientele proper values and attitudes necessary for personal, community and national development. It also provides unemployed and underemployed youth with appropriate technical-vocational skills to enable them to become more productive and effective citizens.

148. Technical-vocational education introduced at the secondary level includes a learning process which entails attachment to an industrial establishment for a specific period, to enable one to take and pass a trade test toward a trade certificate which serves to classify a graduate according to task, i.e. operator, craftsman or industrial technician.

149. The Government works closely with the private sector at all levels of education. Private sector participation is most evident at the tertiary level where about 70 per cent of all institutions are privately owned. Vocational high schools are largely operated by the private sector.

150. The Child and Youth Welfare Code contains a number of provisions specifically on education. These refer to admission to schools; assistance to indigent parents; nursery schools; special classes for the physically handicapped, mentally retarded, and emotionally disturbed; school plant facilities; the role of parent-teacher associations; education of children employed as domestic helpers; and education assistance programmes for working children.

151. A nationwide survey of school-age children with special needs is ongoing for the purpose of generating data that will guide schools in providing such children appropriate services. Training programmes for teachers for deaf and blind children are being conducted by the Department of Education, Culture and Sports in coordination with non-governmental organizations. Community-based special education programmes focusing on the development of literacy, numeric and livelihood skills of 6- to 12-year-old handicapped children are being provided. More Special Education Programme Centres and special education classes in regular schools are being organized all over the country.

152. Legislation to assist learners with special needs exist. However, despite existing legislation, only 81,904 learners with special needs are in school. This constitutes around 2 per cent of the estimated 4 million children and youth with special educational needs between ages 0 and 21 in the Philippines.

153. The development of special education has been beset with various constraints. Foremost among its problems is the fast turnover of technically trained special education teachers and administrators due to transfer to other high-paying jobs. There are only 2,646 special education teachers across the country handling special education.

154. In spite of these constraints, the Department of Education, Culture and Sports has moved forward to provide qualitative educational services within its capabilities.

155. Article XIV, section 1, of the Policies and Guidelines to Special Education provides for a nationwide information dissemination campaign on how to identify and intervene for children with special needs. Mass media are utilized to make the public aware of the importance and availability of services for children with special needs. Short radio and television messages that are easy to grasp are aired utilizing language that parents and laymen can understand to change and improve public attitudes towards these children with disabilities. The Department of Education, Culture and Sports, responsible in the information dissemination on special education services, formulates guidelines and issues relevant information concerning educational programmes for children with special needs whenever necessary. Annual observances and special activities on sight saving, hearing conservation, and others are carried out to increase the public's awareness. A data bank in special education is developed and maintained in every regional, division and district levels nationwide.

156. The National Manpower and Youth Council, an agency attached to the Department of Labour and Employment (DOLE), operates 12 regional and 14 provincial manpower training centres. These centres provide skills upgrading, training and development, particularly for out-of-school youths.

157. The Local Government Code calls for the establishment of a School Board in every province, city and municipality, to be chaired by the local chief executive at each level. The School Board serves to determine budgetary appropriations for the maintenance of public schools within its jurisdiction, authorize disbursement of funds and advise the local legislative bodies on matters related to education.

158. Barangay Councils also provide institutional support for the goal of improving access to education. Under the Child and Youth Welfare Code, the Council is authorized to appropriate funds for annual scholarships for indigent children deserving public assistance towards the development of their potentials.

159. Early childhood care and development has been recognized as an important aspect of the child's education. The Barangay-Level Total Development and Protection of Children Act (Republic Act No. 6972) provides for the establishment of a day care centre in every barangay, which shall have a total development and protection programme to serve the needs of the children up to six years old. Early childhood care and development services are eventually to be provided also through community centres and workplaces.

160. One of the first tasks of the Ramos administration when it assumed office in July 1992 was to prepare a Medium-Term Development Plan for the period 1992 to 1998. The Plan was approved by the President and his Cabinet in December 1992. This Plan included programmes for the care and education of children.

161. The Plan focused on two targets: the achievement of people empowerment, and global competitiveness.

162. For the educational sector, people empowerment translates into two tasks. The first is to increase access to and improve the quality of basic education with emphasis on public elementary schooling. The second is to improve the system of government support for those intellectually promising but financially disadvantaged Filipino youth, in order that they may be able to complete their academic studies through all three levels.

163. Global competitiveness translates into ensuring that the labour force is properly trained for those economic sectors, especially service areas, where the Philippines has a comparative advantage.

164. Given these two major objectives under the Philippines 2000 development programme, the major thrusts of government action in the field of education have been: (i) improving access to and the quality of basic education, with elementary education as the first emphasis, (ii) liberalizing the regulatory environment for private education, and (iii) rationalizing the system of public higher education, particularly the State colleges and universities.

165. Priority areas for action by the Government, particularly by the Department of Education, Culture and Sports (DECS), include those actions which involve the public school subsystem, as well as the regulatory actions covering the private school system and policy guidance for State colleges and universities.

166. The accomplishments of the education sector during the period 1987-1992 is attached as annex M.

167. While major accomplishments have been achieved in this area, a number of difficulties continue to work against full enjoyment of the child's rights to education, leisure and culture. These include infrastructure problems which reduce physical access to schools particularly in rural areas, funding constraints, and lack of teachers, classrooms, other school facilities and institutional materials. The last is particularly true in the case of special education and schools for children of indigenous cultural communities.

168. The Education For All Programme of Action: 1991-2000 aims to strengthen Philippine education. The programme has the following as its key objectives: institutionalization of early childhood development as a basic service for all children in the country; improvement in the quality and efficacy of public education; eradication of illiteracy; and the provision of basic knowledge, skills and values that will allow adults and out-of-school youths to improve the quality of their life and increase their opportunities to participate in the development process. The 1990s has been declared as the Decade of Education for All.

169. Within the six-year period of the Ramos Administration, it is expected that universal free compulsory public elementary education will be achieved. All barangays with sufficient school-age population will have their own schools, even if they are still multigrade, that is, several classes to a classroom. At least half of the presently incomplete elementary schools will have the minimum six classrooms. All backlogs of classrooms and teachers resulting from the normal growth of the population should have been dealt with.

170. The gross elementary enrolment rate is expected to stay at around 110 per cent of the 1990 figure, while that for the secondary level will improve further. The completion rate is expected to increase from its present 65 per cent of beginning Grade 1 pupils to at least 80 per cent.

171. Access to secondary education will be increased by providing scholarships for high school students as provided in Republic Act No. 6728 or the Government Assistance to Students and Teachers in Private Education Law. This law includes the Educational Service Contracting and the Tuition Fee Supplement.

172. A bill on the institutionalization of the Dual Training System in the country is now before Congress (Senate Bill No. 1516 and House Bill No. 10450). The system will combine in-plant and in-school training based on a plan designed by an accredited educational institution and an agricultural, industrial or business establishment.

173. The State is mandated by the Constitution to protect working mothers by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation (art. XIII, sect. 14).

174. Working mothers are accorded maternity benefits under the Social Security Law (Republic Act No. 1161) later amended through Republic Act No. 7322 (1992). Under Republic Act No. 1161, every employer is required by law to grant pregnant women employees, who have rendered an aggregate service of at least 6 months for the last 12 months, maternity leave of at least 2 weeks prior to the expected date of delivery and another 4 weeks after normal delivery or abortion with full pay based on her regular or average weekly wages (art. 133 of the Labour Code as amended).

175. Civil Service Commission Memorandum Circular No. 14 (1989) allows government workers, especially women, to adopt flexible working hours to help them cope with their dual roles as workers and home managers. For as long as workers complete an eight-hour working day they can choose a regular work schedule from between 7.00 a.m. to 10.00 a.m. to 7.00 p.m.

176. Republic Act No. 6972 (23 November 1990), "An Act Establishing a Day Care Centre in Every Barangay, Instituting Therein a Total Development and Protection of Children Programme", provides child care support structures for working mothers by establishing day care centres. It is a tacit recognition of women's dual roles as workers and home managers. According to the DSWD, only a few day care centres can be established due to insufficient funds. With the enactment of the Local Government Code of 1991, the financing of day care centres was transferred to the local government units which made financing even more difficult.

177. Republic Act No. 7322 (1992) amends the Social Security Law by increasing the maternity benefits in favor of women workers in the private sector. A female employee who has paid at least three monthly maternity contributions in the 12-month period preceding the semester of her childbirth, abortion or miscarriage who is currently employed shall be paid a daily maternity benefit equivalent to 100 per cent of her present basic salary, allowances and other benefits or the cash equivalents of such benefits for 60 days subject to the following conditions:

(a) That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth which notice shall be transmitted to the SSS;

(b) That the payment shall be advanced by the employer in two equal instalments within 30 days from the filing of the maternity leave application;

(d) That the maternity benefits provided for shall be paid only for the first four deliveries after 13 March 1973;

(e) That the SSS shall immediately reimburse the employer of 100 per cent of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; and

(f) That if the employee should give birth or suffer abortion or miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee would otherwise have been entitled to, and the SSS shall in turn pay such amount to the employee concerned.

178. Meanwhile, under the Department of Labour and Employment (DOLE) regulations the assignment of female employees to the night shift of 10.00 p.m. to 6.00 a.m. is allowed only if she is not a nursing mother, among other conditions.

179. The National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related Products (Executive Order No. 51) was passed in 1986. The law aims to contribute to the safe and adequate nutrition of infants by protecting and promoting breast-feeding and by ensuring the proper use of breastmilk supplements through adequate information and appropriate marketing and distribution (section 2).

180. The Generics Law (Republic Act No. 6675) passed in 1989 protects consumers from the exorbitant cost of medicines.

181. In line with the thrust of the Government to protect the overseas contract workers, particularly women workers, the DOLE was directed to prioritize the assignment of women attached to countries where the majority of Filipino overseas contract workers are women. To date, there are 10 female labour attach�es out of the 36 appointees, and 9 women out of 15 welfare officers. There are also Overseas Workers Welfare Administration and NGO-based women's desks to facilitate gender training of labour attach�es (Presidential Directive issued to DOLE, 8 March 1993).

182. In line with the thrust of the Government to provide women with greater protection from possible abuse by law enforcement agencies, the Philippine National Police (PNP) and the National Council on the Role of Filipino Women were directed to identify priority areas where women's desks in police stations may be established, for immediate operationalization. To date, 147 women's desks are operational (Presidential Directive issued to PNP, 8 March 1993).

183. The Department of Health (DOH) provides for the education of mothers on various health measures. Health and community workers emphasize the hazards and risks of the improper use of breastmilk substitutes, particularly infant formula. Feeding with infant formula shall be demonstrated by DOH only to mothers who may not be able to breastfeed for medical or other legitimate reasons.

184. The Government has adopted a new population policy that goes beyond fertility reduction and includes family formation and women's status. The Philippine Population Programme is attached as annex N and the family planning prevalence rates in annex O.

185. An intensified information campaign against AIDS, including its integration in the school curriculum, and screening of all blood donors and transfusions, among others, is being actively pursued.

186. Women in Development and Nation-Building Act or Republic Act No. 7192 strengthens the Government's commitment to bring women's issues and concerns into mainstream development. Specifically, section 5 of the Act provides that married persons who devote full time to managing the household and family affairs shall, upon the working spouse's consent, be entitled to voluntary Pagtutulungan - Ikaw, Bangko, Industriya at Gobyerno (PAG-IBIG), Government Service Insurance System (GSIS), or Social Security System (SSS) coverage to the extent of one half of the salary and compensation of the working spouse. The contribution due thereon shall be deducted from the salary of the spouse.

187. There are ongoing attempts in Congress to provide a comprehensive programme against wife beating and increasing penalties for habitual offenders (House Bill No. 698).

188. The "Mandatory Women Employment Act", proposed in Congress (House Bill No. 8832) directs all businesses and enterprises employing at least 10 regular employees to fill 20 per cent of their total work force with qualified women.

189. Another proposed bill (House Bill No. 7870) declares unlawful all acts of sexual harassment.

190. The proposal to increase maternity leave benefits of women employed in public service or in the public sector is now pending in Congress (House Bill No. 8393). Under this bill, those who have rendered continued service of at least one year shall be granted maternity leave of 180 days, commencing from the eighth month of pregnancy.

191. The bill proposing provision for a comprehensive prenatal care and nutrition programme for pregnant women during their pregnancies is also pending (House Bill No. 8187).

A. Basic legislation on the protection of new-born children

192. The Child and Youth Welfare Code specifies that the promotion of a child's health shall begin with adequate pre- and post-natal care both for the child and the mother. All appropriate measures shall be taken to ensure total development of the child. This aspect is taken into full account in the population programme. Concern for maternal and child health care is underscored in the 1987 Population Policy Statement.

193. A recent legislation aimed at promoting the health, nutrition and well-being of Filipino children and mothers is the Barangay-Level Total Development and Protection of Children Act (Republic Act No. 6972). The programme to be instituted in any barangay in compliance with the Act shall include a referral and support system for pregnant mothers for prenatal and neonatal care and for the delivery of the infant under conditions which will remove or minimize risks to both the mother and child.

B. Government policies and programmes on protection

of new-born children

194. For the discussion on the protection of the health of new-born children, please refer to the Philippine Reports to the World Health Organization (1980, 1991, 1994) and initial report on the implementation of the Convention on the Rights of the Child. For discussion on the child's legal rights, please refer to the initial report on the Rights of the Child.

195. Trends in child care are changing the traditional roles of parents. Fathers are getting more involved in the routine task of child care. Younger fathers now consider nurturance their primary responsibility, while older fathers consider their role as "provider". Fathers are now sufficiently concerned with the Lamaze method of child delivery and baby care to assist their wives.

I. SPECIAL PROTECTION AND ASSISTANCE TO CHILDREN AND YOUNG PERSONS

A. Basic legislation on protection of children and young persons

196. The Constitution recognizes the vital role of the youth in nation-building and mandates that the State shall promote and protect their physical, moral, spiritual, intellectual, and social well-being; inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

197. Furthermore, the Constitution requires that the State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development.

198. The Constitution guarantees free education up to the secondary level. No public schools charge tuition fees. Scholarships and other forms of financial support are awarded to deserving and needy students. The Department of Science and Technology offers 100 scholarships every year to students belonging to low-income families. The Department of Education, Culture and Sports has a Study Now Pay Later Plan for financially disadvantaged students.

199. The principle of non-discrimination is embodied in the Child and Youth Welfare Code which provides that all children shall be entitled to the rights set forth in the Code without distinction as to their legitimacy or illegitimacy, sex, social status, religion, political antecedents, or any other factor.

200. The same principle is upheld in the Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act (Republic Act No. 7610). This Act declares that it is the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development. It provides that the State shall intervene on behalf of the child when the parent, guardian, teacher, or person having care and custody of the child fails, or is unable, to protect the child against such actions or conditions.

201. The Act specifically provides that children of indigenous cultural communities shall not be subjected to any and all forms of discrimination, and prescribes penalties therefore.

202. The Family Code contains a number of provisions supportive of this principle. Specifically cited are its recognition of the legitimacy of children who are born through artificial insemination and the increase in the share of illegitimate children in inheritance.

203. The Magna Carta for Disabled Persons (Republic Act No. 7277 - annex P) protects the disabled, both children and adults, from discrimination. This Act provides that the State shall encourage respect for disabled persons and shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to them.

204. Administrative guidelines and standards have been issued which state that all programmes and services for children shall be non-discriminatory. In the issuances to child-caring agencies, care is taken to ensure that such agencies shall make their services available without regard of age, sex, colour, race, religious affiliation or ethnic group.

205. Section 5 of Republic Act No. 7610 (1992) provides that children, male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The following are acts considered as child trafficking:

(b) Recruitment by a person, agency, establishment or child-caring institution of women or couples to bear children for the purpose of child trafficking;

(c) Simulation of birth by a doctor, hospital, or clinic official, employee, nurse, midwife, local registrar or any other person for the purpose of child trafficking;

promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, and violence.

In addition, Republic Act No. 7658 provides strict conditions under which no children may be employed.

206. For more detailed discussions on the protection of and assistance to children and youth, please refer to the initial report on the implementation of the Convention on the Rights of the Child.

207. In view of the increasing number of violations and abuses committed against children and gaps in the services available for the promotion and protection of children's rights, the establishment of the Child Rights Centre (CRC) was proposed.

208. The Centre, which will be under the Commission on Human Rights, will be concerned with investigation, legal assistance, reporting and monitoring of implementation of the Convention on the Rights of the Child. The Centre will have 12 Regional Complaints Desks and will work within the existing network of government and non-governmental organizations concerned with children's rights.

II. SPECIAL PROTECTION OF CHILDREN FROM SOCIAL

AND ECONOMIC EXPLOITATION

209. The Constitution affirms that labour is the primary social economic force. The State is therefore mandated to protect the rights of workers and promote their welfare.

210. The Labour Code (Presidential Decree No. 442) provides for State policies, rules and standards on humane and healthful terms and conditions of work as well as special provisions on the employment of minors and children. Article 139 of the Labour Code specifies that no child below 15 years of age shall be employed except when the child works directly under the sole responsibility of the parents or guardian and the employment does not in any way interfere with the child's schooling. Under the same provision, a person between 15 and 18 years old may be employed for such number of hours and such period of the day as may be determined by the Secretary of Labour and Employment, provided, however, that in no case shall the employment of a person below 18 years of age be allowed in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labour and Employment.

211. Republic Act No. 7610 declares as a State policy the provision of special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development. It provides sanctions against such acts and allows the State to intervene on behalf of the child when the parent or guardian fails to protect the child. It provides stringent penalties for certain specific acts of exploitation and discrimination (i.e. prostitution and sexual abuse, child trafficking and other acts of abuse) and requires the formulation of a comprehensive government programme on child abuse, exploitation and discrimination.

212. To strengthen the protection of children from hazardous employment in public and private undertakings, Republic Act No. 7658 was signed on 8 November 1993, amending Section 12, article VIII of Republic Act No. 7610. The act prohibits the employment of children below 15 years of age in public and private undertakings. It likewise specifies the exceptional conditions and requirements which must be strictly complied with before a child may be employed (annex D).

213. Article 107 of the Child and Youth Welfare Code further states that children below 16 years of age may be employed to perform light work which is not harmful to their safety, health, or normal development and which is not prejudicial to their pursuit of education.

214. The prohibition against child discrimination is likewise stipulated in the Labour Code which provides that no employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.

B. Government policies on protection of children from
economic and social exploitation

215. To implement the prohibition on the employment of children in hazardous occupations, DOLE has drawn up a list of nine such occupational groupings which is attached as annex Q. Also attached is the list of common occupations of children (annex R).

216. In the last five years, the Government has implemented special programmes for the protection and welfare of working children in selected areas. Beneficiaries of the first projects implemented were child scavengers in Manila's garbage dumps, children engaged in deep-sea fishing, and those availing themselves of the services of the Department's 625 Working Youth Centres all over the country. A national project on street children, about 80 per cent of whom are working children, provides basic services in selected urban areas.

217. In response to the growing incidence of child labour, DOLE led several government agencies, non-governmental organizations and labour-management groups in the UNICEF-assisted project "Breaking Ground for Community Action on Child Labour". The project, which aims to reduce the incidence of child labour in hazardous occupations by 80 per cent in 1998, started in 3 regions in 1988 and has now expanded to 11 regions.

218. During the five-year period of implementation, the project was able to reach approximately 2.1 million working children, through policy legislation and national advocacy in an estimated 6,000 municipalities and 11 cities of 27 provinces in 13 of the 14 regions of the country.

219. In order to have a more thorough and holistic approach to protection and over-all development of the working children, the project implemented eight major strategies and activities including: (i) action research; (ii) advocacy and social mobilization; (iii) community organization; (iv) capability-building; (v) provision of basic and alternative services; (vi) policy development and legal protection; (vii) employment promotion and income generation; and (viii) project documentation, monitoring and evaluation.

220. Cognizant of the need to address immediately the problems of child labourers, particularly those illegally recruited from the provinces for industrial or illicit employment, the Child Labour Programme launched its "Sagip Batang Manggagawa", an inter-agency quick action programme aimed at responding to the most pressing situations of child labourers.

221. The programme activities include monitoring and reporting of cases to appropriate institutions or provide assistance directly such as rescuing the child labourers from factories or other places of employment and, when necessary, imposing sanctions on the illegal employers or recruiters; provision of psycho-social services to child labour victims; and rendering assistance in the prosecution of civil or criminal cases against violators of child labour laws.

222. With regard to enforcement, raids on factories illegally employing minors have been conducted by teams composed of officials from the DOLE, National Bureau of Investigation and the Philippine National Police. The teams acted on tip-offs from partner NGOs and community organizations. Places like a sardine canning factory, a cooking oil factory and a piggery in Metro Manila have been raided and found to be employing minors who were virtually kept as prisoners within the compounds of the factories.

223. The population of children 10-14 years old has been relatively steady at around 7.3 million during the period 1980-1989. Participation of children (aged 10-14) in the labour force has been on a decline from 1980 to 1989, as reflected in their labour force participation rate (members in the labour force over population) which decreased from 12.7 per cent in 1980 to 11.1 per cent in 1989. The number of children in the labour force actually decreased from 933,000 in 1980 to 815,000 in 1989 (annex S).

224. The employment rate of children (number of employed over number in the labour force), however, was noticeably increasing despite the decrease in actual number of employed. In 1980, the employment rate was 93.8 per cent and the number of employed is around 875,000. By 1989, the employment rate went up to 97 per cent while the actual number of employed decreased to 791,000. These were due to the decrease in the number of children who were in the labour force during the same period (annex S).

225. By major industry group, 80.1 per cent of employed children were in the agricultural sector in 1989, while the industry and services sectors accounted for 3.5 and 16.5 per cent, respectively. Within industry, manufacturing accounted for 3.3 per cent of the total child employment while community, social and personal services in the service sector accounted for 6.4 per cent (annex T).

226. By major occupation, agricultural children workers comprised the biggest group at 80 per cent in 1989. They are followed by sales children workers (which include those engaged in street peddling and vending) at 9.4 per cent (annex U).

227. By class of workers, most of the working children in 1989 were unpaid family workers, accounting for 70 per cent of the total employed children. Those who were paid wages/salaries accounted for 25 per cent (annex V).

228. In most cases, children's work involves simple chores which can be undertaken without much training, such as gathering, sorting or picking materials. Others render personal or community services, like washing cars and jeepneys, babysitting, shining shoes and toting bags. They sell in sari-sari stores (small neighbourhood store) and on the streets (street vendor). In the agricultural areas, children are often involved in traditional crafts production, such as abaca crafts or mat weaving.

229. The economic crisis of the early 1980s increased the number of children who live and work on the streets. The Government and non-governmental organizations recognized the need to implement an integrated action programme for street children. A project funded by UNICEF and the Canadian International Development Agency to determine the situation of these children was implemented. Under the project, 10 city situation studies were conducted during the period 1984 to 1987. The findings of the studies became the basis of subsequent initiatives on street children. The full report on the findings of the studies is embodied in the report "The Situation of Street Children in Ten Cities", submitted in 1988 to UNICEF.

230. As an integral part of the Urban Basic Services strategy of the Country Programme for Children, a project on street children was jointly undertaken by the Department of Social Welfare and Development, the National Council of the Social Development Foundation of the Philippines, Inc. and UNICEF in 1986. The project initiated, facilitated and coordinated efforts in situation analysis, advocacy, networking, programme development and delivery of basic services for and on behalf of street children in major Philippine cities.

231. Now, there are working committees on street children in the major cities in the Philippines. These working committees are inter-agency bodies composed of government agencies, non-governmental organizations and organized community groups which have taken collective responsibility in responding to the plight of street children in their respective cities.

D. Difficulties, issues and gaps covering child labour
laws and programme implementation

232. The Philippine laws have not been remiss in addressing the issue of child labour. However, although legislation, executive orders and attendant policy guidelines have been formulated, there are still certain areas which need closer examination.

233. One area for consideration is a need to have a broader focus on children's rights to include those in the informal sector. The Labour Code of the Philippines contains a number of specific provisions for the protection of child workers. However, these provisions cover only children at work in industrial settings, leaving a vast majority of children working in agriculture, small industries and domestic work settings unprotected. The focus of efforts on child labour, therefore, will have to be better defined to be able to address the welfare needs of most child workers in the country.

234. The Philippines has not yet ratified ILO Convention No. 138 which is the most comprehensive international law concerning child labour. We are already a signatory to ILO Convention No. 59 on minimum wage in industries. In line with the provisions of these international conventions, Republic Act No. 7658 requires even parents employing their children to secure permits from the DOLE. The DOLE shall ensure that the children will not be employed in hazardous occupations, nor will their normal development, including schooling, be impaired. The list of international conventions adhered to by the Philippines is attached as annex C.

235. There is a need for a more effective monitoring mechanism to protect child labour. For instance, Departments monitoring and supervising activities involving children suffer from lack of adequate personnel and funding. Furthermore, community-level mechanisms linked to the barangay child protection committee need to be strengthened and their members educated on pertinent laws.

236. The economic exploitation of children is associated with the state of the economy. Unless economic growth is achieved, children working on the streets, in industries or in the farms will remain a problem. The following difficulties are being encountered:

(a) The lack of information on working children, which creates problems relating to the regulation of working hours, the nature of their work, the provision of appropriate programmes and services to meet their needs, and other protective measures;

(c) Inadequate information and understanding of issues on working children among parents and employers arising from socio-cultural barriers and other factors; and

(d) Limited alternatives and opportunities for children, leading some to engage in hazardous occupations and other activities detrimental to their growth and development.

E. Implementation of priorities and future directions

237. The renewed drive to reduce poverty and the suffering of the people by the new administration brings hope to the working children and their families. The following are the priorities stipulated in the Philippine Plan of Action for Children:

(i) Strict enforcement of policies, laws and standards including coordination among concerned agencies and the prosecution of violators; and

(ii) Passage of legislation on the minimum age for admission of children in part-time and light economic activities, which categorically define such activities and conditions of work to protect children from exploitation by their own parents and employers, and ensure their physical, mental, social, spiritual and moral development;

(i) Development of work ethics, appropriate vocational skills and counselling services for working children;

(ii) Establishment of psychotherapy and rehabilitation programmes for parents of children under especially difficult circumstances;

(iii) Promotion of more preventive and community-based programmes focused on value education for families of children under especially difficult circumstances;

(iv) Strengthening the advocacy and system of banning children from being placed in conditions that are hazardous to their health and well-being;

(v) Promotion of increased participation of working children in matters affecting their lives; and

(vi) Increasing the children's access to basic services particularly health, education and legal protection;

(i) Conduct a study to determine the number of children living or working under especially difficult circumstances.

A. Factors affecting adequate standard of living and
continuous improvement of living conditions

238. The concept of adequate standard of living is relative, and is ultimately based on the socio-political experience of the people. At present the adequate standard of living for Filipinos is yet to be defined. However, the minimum level of welfare, or the official poverty line, is defined as the line below which there will be "sustained inability of a household to meet its minimum basic needs".

239. It is believed that development is not reducible to opulence or growth in incomes alone. The direction of human development public policy must in the first instance concentrate on ensuring the acquisition of the most basic requirements, i.e. adequate nourishment, freedom from avoidable sickness and early death, literacy and numeracy, adequate income or availability of sources of livelihood for basic security and a degree of choice. It is this minimal set of requirements for human physical, intellectual and psychological functioning which may be called minimum basic needs.

240. The discussion on the right to adequate food, clothing, housing and good health will be discussed in the other sections. Other factors, such as population, environment, social welfare and poverty, will be discussed in this section.

241. The Philippine Government is strongly committed to the improvement of the quality of life of present and future generations, within the context of sustainable development. For the country, this implies acceleration of economic growth simultaneously with preservation of the environment. However, there are considerable threats to this commitment brought about by the relationships between the human population, economic development and the natural environment.

242. The quest for improved standards of living for a growing number of people in a heavily natural-resource-based economy contributes significantly to environmental degradation. Population growth accelerates resource use, waste production and therefore environmental degradation. These are further exacerbated by illegal practices in resource use, technological development and certain patterns of resource management. Thus, when economic production is prioritized with inadequate attention to environmental protection, there is negative impact on health and economic growth is impeded. Moreover, poverty and lack of economic opportunities are conducive to high population growth rate. The complex nature of the relationship between the population issue, poverty and sustainable development has to be addressed in the Philippines.

243. In order to ensure sustainable development, the Philippine Council for Sustainable Development was established with programmes of action which are discussed in annex W.

244. With a high population growth rate of more than 2 per cent and high poverty incidence (40.7 per cent), the Philippines is confronted with the problems of excessive demand for natural resource extraction and the consequent effects on the future carrying capacity of the natural resource bases. The rapid population growth aggravates the country's poverty situation, since poor families, in general, are larger in size. Thus, scarce resources have to spread across more children, resulting in each child receiving less food, schooling, health care and parental attention. Because poor families have less to invest in the human capital of their children, their children are at greater risk of poverty not only in the present but also in the future.

245. Rapid population growth also worsens income distribution. Most poor families do not have productive assets except their labour. As labour becomes more plentiful and land more scarce, the returns to owners of land rise much faster than those to labour, resulting in a more lopsided income transfer from the greater majority of poor agricultural labourers to the few rich capitalists.

246. In addition, because mothers with frequent, closely spaced pregnancies tend to have poor health, they give birth to babies of low birth weights who are at high risk of infant death. Mothers with high infant deaths tend to have more births to ensure that their desired number of children survive to adulthood. Local evidence shows that if mothers are able to space their children by two years, infant mortality can be reduced by 20 per cent.

247. Population factors play a decisive role in all development endeavours. There is substantial evidence that high population growth rates make the task of human development, economic growth and sustainable development a formidable one. This is because population growth is not directly manipulable by government policy, since fertility decisions are made by couples and families. The only way to bring down population growth rates is by changing the values that couples and families attach to having many children, and by facilitating the practice of family planning. The Philippine Government's Population Programme and the Family Planning Prevalence Rate are attached as annexes N and O.

B. Government policies and programmes on poverty
alleviation and social welfare

248. The concept of poverty, like that of adequate standard of living, is relative. The Presidential Commission to Fight Poverty, (PCFP) in its policy paper, "A Strategy to Fight Poverty", defines poverty or the minimum level of welfare for Filipinos in terms of income for purposes of policy determination and implementation. However, it also recognizes that income-based poverty measures fail to capture certain types of deprivation, since they either assume that these services can in principle always be "bought" or, in the case of mandated social services, that the level of public provision is always adequate. The Commission also recognizes that using an index of means to achieve well-being suffers from deficiencies arising from equally important issues of the social, cultural and moral environment, i.e. the values affecting the poor household's choices. Poverty, as earlier stated, is therefore defined as "the sustained inability of a household to meet its minimum basic needs". The objective of Government is therefore to extend people's capabilities sufficiently for them to meet their minimum basic needs.

249. The Commission to Fight Poverty conducted a series of consultative workshops with representatives of local and national government agencies, non-government organizations (NGOs) and people's organizations (POs) in various regions to arrive at a list of minimum basic needs (MBN), including: health, nutrition, water and sanitation, income, shelter, security or peace and order, basic education and political participation (annex X).