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CHR Statement on the Work of Treaty Bodies in relation to the Philippines: Concluding Observations by the Human Rights Committee and the Committee on the Rights of the Child, and the List of Issues from the Committee on Economic, Social, and Cultural Rights

The Commission on Human Rights expresses its appreciation to the Human Rights Committee (CCPR) and the Committee on the Rights of the Child for concluding their respective reviews of the Philippines’ compliance with the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC). We welcome the publication of the Concluding Observations by both Committees and fully support all the recommendations included therein.

The Human Rights Committee and the Committee on the Rights of the Child are composed of independent experts who are tasked to monitor and review periodically the implementation of the said human rights treaties, and issue concerns and recommendations in the form of Concluding Observations. The Philippines ratified the ICCPR on 23 October 1986 and the Convention on the Rights of the Child on 21 August 1990. The Philippines has since then undergone five (5) reporting cycles for the ICCPR and six (6) reporting cycles for the Convention on the Rights of the Child.

On the Concluding Observations by the CCPR

The Commission fully agrees with the principal matters of concern raised by the CCPR, particularly concerning egregious abuses and transgressions by the government which we, together with other human rights defenders, have repeatedly called out over the past few years.

The observations on the need to bring perpetrators to justice, including on violence against women, extrajudicial killings of suspected drug offenders, human trafficking, attacks against and killings of judges and lawyers and journalists, point to the urgent need to address impunity and strengthen all pillars of the Philippine criminal justice system. It will be recalled that on a number of occasions, we urged the government to strengthen the criminal justice system and ensure accountability in all cases of violations of human rights in the country to deter further violence and curb impunity.

We also welcome recommendations that reaffirm the role of the Commission, as the country’s national human rights institution, in the implementation of the State’s obligations under the ICCPR. The CCPR echoed the Commission’s long-standing advocacy to strengthen the institution through the enactment of the CHR Charter Bill, as well as the adoption of other measures that would ensure the Commission will continue to be fully compliant with the principles relating to the status of national institutions for the promotion and protection of human rights, also known as the Paris Principles.

The advance unedited version of the CCPR Concluding Observations on the fifth periodic report of the Philippines (CCPR/C/PHL/CO/5) was released on 3 November 2022. Available here: https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/PHL/CCPR_C_PHL_CO_5_50613_E.pdf

On the Concluding Observations by the CRC

The Commission also fully agrees with the main areas of concern raised by the CRC and echoes the CRC’s call for urgent measures to be taken in respect of the right to life of children, survival and development (para. 17), birth registration, name and nationality (para. 20), violence against children (para. 23), children deprived of a family environment (para. 26), children with disabilities (para. 30), and education (para. 35).

We also welcome the observations and recommendations by the CRC that reaffirm the Commission’s role and mandate in promoting and protecting the rights of children enshrined in the Convention. Similar to CCPR, we appreciate the CRC’s support in strengthening the Commission through the enactment of the CHR Charter Bill and the allocation of adequate human and financial resources to the CHR Child Rights Center to enable it to effectively implement its mandate (para. 11).

The CRC Concluding Observations on the combined fifth and sixth periodic reports of the Philippines (CRC/C/PHL/CO/5-6) was released on 26 October 2022. Available here: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fPHL%2fCO%2f5-6&Lang=en

The Commission strongly urges the national government to note with an open mind and act with urgency on the concerns and recommendations issued by the CCPR and the CRC. We emphasize that the treaty body review process is apolitical and is not aimed at shaming governments. It is a process which aims to independently audit the human rights record of State parties to binding human rights treaties, to identify gaps in implementation, and to provide concrete recommendations on addressing these gaps. Hence, we urge the Philippine government to accept these Concluding Observations and utilize them as necessary constructive inputs to both policy and practice.

In accordance with our constitutional mandate to promote and protect human rights, the Commission will do a series of activities to promote awareness of the recommendations contained in the Concluding Observations of CCPR and CRC. We will issue policy advisories for the guidance of relevant government agencies and stakeholders. We will also conduct stakeholders’ consultations to further disseminate the Concluding Observations and foster constructive dialogue on their implementation.

On the List of Issues for the review of the Philippines by the Committee on Economic, Social and Cultural Rights

The Commission welcomes the List of Issues in relation to the seventh periodic report of the Philippines on the implementation of its human rights obligations under the International Covenant on Economic, Social, and Cultural Rights (ICESCR). The List of Issues was adopted and published by the Committee on Economic, Social, and Cultural Rights (CESCR), the treaty body responsible for monitoring ICESCR implementation. List of Issues are questions or requests for updates which are transmitted to the State party in advance of the session at which the treaty body will consider the State report.

The Philippines, as a State party to the ICESCR when it ratified the Covenant on 7 June 1974, has the duty to submit written information on the implementation of its human rights obligations under the ICESCR, in response to the List of Issues. The deadline for the submission of written inputs from the government is 27 October 2023. Accessible here: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fPHL%2fQ%2f7&Lang=en

The Commission urges the national government to adopt a consultative approach in drafting its national report to the CESCR. We emphasize that consulting all relevant stakeholders, including the Commission and civil society organizations, is a crucial step in order to get an accurate picture of the gains and gaps in relation to the realization of economic, social, and cultural rights in the Philippines. To this end, the Commission stands ready to provide necessary information and assistance to the national government.

Likewise, as an A-accredited national human rights institution, the Commission will submit its own report to the CESCR based on our independent monitoring activities, as well as consultations with civil society organizations, which we will be organizing in the coming months.

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