欢迎来到联合国，您的世界！ 
OHCHR 
条约机构
经济、社会和文化权利委员会听取菲律宾和多米尼加共和国人权机构和民间社会组织的发言（部分翻译）
2016年9月26日
分享
日内瓦（2016年9月26日）——经济、社会和文化权利委员会今天上午听取了菲律宾和多米尼加共和国人权机构和民间社会组织的发言。
委员会主席瓦利德·萨迪（Waleed Sadi）在讨论开始时发言，表示国家人权机构和非政府组织的贡献丰富了来自缔约国的信息，这是最难能可贵的。他感谢民间领域代表的到场，并表示若没有他们，与缔约国的对话将是不完整的。
菲律宾人权委员会集中提到了有关其自身独立性的担忧；酷刑相关问题；强迫失踪和法外处决；人人有权享有最佳身心健康；土地权和适当住房权；土著人民；环境与人权；以及工人权利。
来自菲律宾的非政府组织强调了它们的担忧，分别关于被害人权维护者的数量之高，令菲律宾居于全球在此方面最危险国家的第二位；土著人民权利，尤其是关于他们的土地权；工人权利，尤其是矿业工人权利；教育权；缺乏关于食物和营养法的权利；饥饿与贫困，尤其是对于贫困公民而言，自然灾害更加恶化了他们的处境；妇女获取生殖医疗卫生服务和人工流产的权利；以及有关打击毒品的法外杀人。
在多米尼加共和国方面，民间社会组织提出了一些担忧，分别有关劳动参与中的性别差距；针对非洲人后裔的种族歧视；针对海地移民的结构性歧视；对促进性和生殖权利的抵抗；以及全面禁止人工流产。此外，他们还对寨卡病毒的传播以及具有多样性取向和性别认同者获取信息的渠道表示担忧。
经济、社会和文化权利委员会将于今天下午3点举行下一次会议，开始审议黎巴嫩的第二次定期报告(E/C.12/LBN/2)。
The Philippines
Commission on Human Rights of the Philippines addressed several issues, including the functional independence of the Commission; torture, enforced disappearance and extrajudicial killing; the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; land rights and adequate housing; indigenous peoples; environment and human rights; and the rights of workers.
Regarding independence of the Commission, the Commission expressed concerns that its budget had not been increased by the same amount as the previous year, that the Charter on the Commission had still not been passed, and that the Government failed to act upon Commission’s recommendations, such as on the ratification of the International Convention for the Protection of All Persons from Enforced Disappearances. On issues related to torture, enforced disappearance and extrajudicial killing, the Commission said that during the Aquino administration, 438 cases of extrajudicial killings had been recorded, as well as 31 cases of enforced disappearance. From 1 July to 22 August 2016, the police had recorded 712 deaths of suspected drug users and peddlers from legitimate police operations. In addition 1,067 killings by unknown assailants had been recorded. The victims of the killings included people from poor communities, as well as activists, journalists, indigenous peoples and human rights defenders. The Commission was concerned that there was an increasing failure to end those grave violations, as well as to end impunity.
Regarding the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Commission underscored the rights of people undergoing psychosocial problems and the rights of the elderly against elder abuse. It requested the Committee to call on the Government to increase national spending on social services like health and social protection, address the current anti-drug campaign, and strengthen primary health care.
Regarding land rights and adequate housing, the Commission said that land use conflicts in the Philippines were a persistent cause of complaints for human rights violations. The Commission requested the Committee to call on the Philippines to prioritize and fast-track the resolution of land use conflicts, and recommend that adequate expertise and resources be allotted. It also called on the Government to establish or strengthen laws with anti-discrimination provisions, and extend an invitation to the Special Rapporteur on housing. On indigenous peoples, the titling of ancestral domains and lands remained a challenge for the State Party, said the Commission. In spite of the Joint Administrative Order No. 1 on contested or overlapping land use, there seemed to be no effective mechanism to protect indigenous people from harassment in such cases. In addition, grave violations against lumads persisted in Mindanao. On the environment and human rights, the Commission was concerned about clear mining policies and guidelines which it had drafted and which were still pending. In addition, although there was a positive shift in policy and an audit of mining firms had been conducted, suspending operations not in compliance with environmental laws, the State party would need to present information on whether or not ordinary mining workers would be adversely affected by the cessation of operations. The Commission asked the Committee to urge the government to clarify whether or not it would ratify the Paris Agreement. It also asked the Committee to urge the Government to fast track the deliberation on the guidelines for the national monitoring of human rights compliance in the mining industry, ensure the protection of the right of mining workers, and conduct a study to incorporate standards of human rights impact assessment.
Regarding the rights of workers and trafficked persons, the Commission focused on three issues, namely domestic workers, migrant workers and trafficked persons. The law regarding domestic workers was facing challenges. In that respect, the Committee should ask the State Party to indicate measures to further raise awareness on the salient provision of the Kasambahay Law, and ensure its strict implementation. The Commission acknowledged the efforts of the Government in respect of migrant workers, and informed of its Cooperation Agreement with the National Human Rights Committee of Qatar. Regarding trafficked persons, the State Party should collect, organize and coordinate data on trafficking of persons in order to efficiently respond to cases of rights violations.
Questions by Experts
An Expert was pleased about the agreement with Qatar asked whether there were proposals to enter into similar agreements with other states in the Gulf. What were the Gulf countries with the largest number of Filipino migrants, particularly female migrants?
Another Expert asked what kind of opposition the Charter was facing. Was the adoption of economic, social and cultural rights limited? On the Indigenous Peoples Act of 1997, the Committee had received conflicting information on the ability of the Commission of Indigenous Peoples to conduct its mandate. Could the National Human Rights Commission expand on that?
An Expert said that he had read that many drug users had been killed and presented as drug dealers. Could more information be provided in that regard?
Another Expert, inquired about sexual and reproductive health, given a decree to ban contraceptives. Were contraceptives available, and what was the situation of other areas or reproductive health?
An Expert asked to what extent trade unions were allowed. To what extent was Sharia law applicable in the Muslim community in the country, and were customary practices tolerated? What was the percentage of the Muslim population in proportion to the rest of the population?
Question was also asked on the standing of special economic zones. Had there been studies on the particularly precarious conditions there, in particular on women?
Had the Commission taken a firm position on the Optional Protocol to the Covenant? If so, what actions had it undertaken to promote it?
Replies by the Commission on Human Rights of the Philippines
Regarding the agreement with Qatar’s Commission, the Commission explained that, in the past, it had had a similar agreement with the Jordanian Human Rights Institution and was looking to sign similar agreements with other countries. Saudi Arabia had the highest number of Filipino domestic workers.
On the mandate of the Commission to cover economic social and cultural rights, the Commission explained that it had a mandate that obliged it to monitor international human rights treaties legislation. The Charter had taken too long because it was not made a priority by the current administration. Regarding the National Commission on Indigenous Peoples and its ability to fulfil its mandate, as well as its credibility, the Commission confirmed that there was a need to strengthen that body as well as its independence. There were indeed issues of mistrust in that regard, by the indigenous peoples, and an examination of the current mandate holders needed to be undertaken. The two Commissions worked together to conduct a national inquiry on land rights.
Regarding killings of trafficking and the killings of drug users and drug dealers, the Commission admitted that it was overwhelmed by the number of killings that had taken place. The Commissions was looking into the socio-economic situation of the victims, most of whom, allegedly, were poor.
On the issue sexual and reproductive health, the Commission explained that there was a ban on a particular device that controlled pregnancies, which was the subject of a Supreme Court deliberation. A national inquiry on reproductive health had been conducted.
Trade unions had been the subject of harassment and extrajudicial killings. Just the previous week, two trade union leaders had been killed.
Regarding Sharia law, it was explained that there were customary practices in place, and the Commission was looking into that.
he Commission was also investigating labour rights violations in special economic zones. Over the time, the Commission had repeatedly endorsed the ratification of the Optional Protocol, and hoped that this would be done.
The Commissioner informed that about ten percent of the population were Muslim. The total population of the country was 105 million.
Civil society organizations from the Philippines
International Service for Human Rights, in a joint statement on behalf of three non-governmental organisations, said that the Philippines ranked as the second most dangerous country in the world in terms of the number of murdered human rights defenders, and as one of the most dangerous to be a land and environmental defender, with 25 deaths alone in 2015 belonging to the indigenous communities. Economic, social and cultural rights defenders continued to suffer threats, harassment and attacks. The criminalisation of defenders, used to silence them and protect business interests, had increased. Many were subject to judicial harassment.
FIAN-Philippines said that the irony of growth without human development was sadly seen in the Philippines. Despite being Asia’s second fastest-growing economy, hunger and poverty persisted in the country. FIAN focused on several urgent issues, including the lack of a right to food and nutrition law; the inadequate implementation of the Land Reform Programme, the Law to Modernize Agriculture and Fisheries, and the Law on Indigenous Peoples Rights; and the exacerbation of the poverty situation of citizens due to natural disasters. The Government had to consider climate change mitigation. Finally, there had to be an assessment of the insurance-based systems on social protection.
Defend Job Philippines stated that, since the passage of the Wage Rationalisation Act of 1989, and the Herrera Law, violation of workers’ rights had been made legal and systematic. Wages were pinned down to starvation levels and the unemployment rate was left at 12 percent. To make matters worse, the passage of the Herrera Law attacked not only security of tenure but also other rights, such as fair wages, maternity benefits and union rights. Workers worked 10-17 hours a day for a three to eight USD wage. There was no job security – only short term contracts or piece-rate system. There were no benefits and cases of non-remittance of social security premiums were rampant.
E-Net said that the Philippines had ratified the main treaties protecting the right to education, however that right was far from being fulfilled for a large number of Filipinos, particularly the poorest and excluded groups. Millions of children dropped out of school every year and only 75.3 percent completed six years of primary education. Some 10 percent, or 6.9 million Filipinos, 10-64 years old, were functionally illiterate in 2013.
TEBTEBBA-Indigenous Peoples’ International Center for Policy Research and Education noted that there continued to be a serious lack of data on the number of indigenous peoples in the Philippines. There were also serious rights violations of indigenous peoples due to mining activities. Medium and large-scale corporate mining and conflicting laws governing natural resources were major problems that indigenous peoples faced in their communities. The free, prior and informed consent process was being manipulated in favour of mining corporations.
DINTEG-Indigenous Peoples’ Legal Centre was concerned about the extrajudicial killings related to the war on drugs. It asked the Committee to say something in that regard. It also asked the Committee to ask the Government about the lack of trust among indigenous peoples with respect to the National Commissions for Indigenous Peoples,
Center for Reproductive Rights, in a joint statement with six other organisations, noting the positive steps on women’s rights to reproductive health services, said that the State party had failed to fully and immediately implement the Responsible Parenthood and Reproductive Health Act of 2012. In addition, a reduction in the budget for family planning had been made. The Philippines was the only country where there was a rise in teenage pregnancies. There were more than half a million abortions conducted in spite of the abortion ban, which was one of the leading causes of maternal deaths. The Centre urged the Committee to question the State party about access to contraceptive information and services, abortion, and post-abortion care.
Questions by Experts
An Expert inquired about the situation concerning the debate on the comprehensive agrarian reform programme and how that related to the debate on the National Land Use Bill. Given that the labour law seemed to be providing adequate rights, was subcontracting problematic? What was the intention of the Government regarding the reform of the endo-system? How did health and safety at work enforced in the formal sector?
Another Expert asked whether specific figures were available regarding child labour. Did indigenous peoples enjoy their cultural rights, including access to cultural heritage, studying and learning in their languages, and so forth? What was the number of minorities and indigenous peoples, including in relation to the general population?
What was the current situation of the Mindanao conflict? What was the process of birth registration in the Philippines, asked the Expert. Was there a cost involved, and what were the basic factors that prevented the Muslim and other communities to register their new-born babies?
Replies by the civil society organizations from the Philippines
FIAN-Philippines explained the status of land rights and land use bills. In addition to the slow enactment of those, there were many exemptions under the laws, as well as land conversions that had been done legally and illegally. One of the main problems was the most recent way of land grabbing, which had effectively undermined the right to food for many Filipinos, for the simple reason that that land had been used for growing food crops.
Defend Job Philippines, regarding contracts, or sub-contracting, said that they took away basic rights from workers. Those were employed for five months, then laid off for two months, and re-employed again.
TEBTEBBA informed that the Department to Education had set up a mode of delivery for indigenous peoples. However, the Education Framework was not yet fully implemented. Industrialisation negatively impacted the indigenous peoples, said the speaker.
Civil society organizations from the Dominican Republic
Comite de America Latina y el Caribe para la Defensa de los Derechos de la Mujer, in a joint statement with Centro de Investigation para la Accion Femenina, said that the Dominican Republic was a country with many injustices and inequalities for most of the population. Although the country’s economy grew, it was not redistributed appropriately. While the number of schooled women was higher than that of men, the gender gap in labour participation remained very high. Women in the formal employment received 78 percent of the income received by men. In addition, 51 percent of women worked in the informal sector, without access to social security, health insurance, pensions, and other benefits.
Racial discrimination against people of African descent was a latent issue, where it was institutionalized and culturally accepted. The Government did not recognize discriminatory practices, which made it difficult to denounce and combat those.
Structural discrimination against Haitian migrants and their descendants was historical, manifesting itself in systematic patterns of marginalisation by their economic, social and cultural conditions. Haitian women and girls who lived in extreme poverty in isolated communities called “bayetes” were disproportionally hit by the non-recognition of the right to Dominican nationality. They had no access to health services, education, labour, or birth certificates.
Resistance by the Government on sexual and reproductive rights still prevailed. In addition, people with diverse sexual orientations and gender identities did not have sufficient access to the information they needed to protect their health. The Zika virus had spread in all parts of the country, and there were at least three cases of babies born with microcephaly. The Dominican Republic had a total criminalisation of abortion. Unsafe abortions were the third leading cause of maternal death and there was no legal change that aimed to reverse the situation.
Questions by Experts
An Expert inquired whether discussion had taken place on a new discrimination bill. She also asked regarding the ProSoli Programme and how it worked.
Another Expert inquired whether there was any form of consultation with civil society in the preparation of the report. He also raised the issue of the independence of the judiciary.
An Expert asked whether there was discrimination against persons of African descent, as well as Haitians.
What were the grounds on which the Constitutional Court struck down the abortion law?
Replies by the civil society organizations from the Dominican Republic
Since the 1950s the Government had brought Haitians to work on sugar cane plantations. Those people had stayed in the Dominican Republic and built their lives there. Since 2007, the Central Electoral Board had started to change policies for them, stating that the children of irregular migrants were not Dominican, explained a civil society representative.
Regarding people of African descent, there was a practice in schools whereby girls were not allowed to attend school with African natural hair.
The National Judges Council elected Judges to the Constitutional Court, which comprised of several people from the Government, elected from the same political party. That meant that the judges depended on the political party.
The Discrimination Law was ready, but had not been submitted to the Parliament yet.
Regarding ProSoli Programme, it was not clear how it would raise people out of poverty as its budget was low.
Civil society had not been asked to be involved in drafting of the State party report.
The Penal Code had earlier decriminalised abortion on three grounds, however now the country had gone back to the previous situation where there was criminalisation of abortion, said a speaker.
委员会主席瓦利德·萨迪（Waleed Sadi）在讨论开始时发言，表示国家人权机构和非政府组织的贡献丰富了来自缔约国的信息，这是最难能可贵的。他感谢民间领域代表的到场，并表示若没有他们，与缔约国的对话将是不完整的。
菲律宾人权委员会集中提到了有关其自身独立性的担忧；酷刑相关问题；强迫失踪和法外处决；人人有权享有最佳身心健康；土地权和适当住房权；土著人民；环境与人权；以及工人权利。
来自菲律宾的非政府组织强调了它们的担忧，分别关于被害人权维护者的数量之高，令菲律宾居于全球在此方面最危险国家的第二位；土著人民权利，尤其是关于他们的土地权；工人权利，尤其是矿业工人权利；教育权；缺乏关于食物和营养法的权利；饥饿与贫困，尤其是对于贫困公民而言，自然灾害更加恶化了他们的处境；妇女获取生殖医疗卫生服务和人工流产的权利；以及有关打击毒品的法外杀人。
在多米尼加共和国方面，民间社会组织提出了一些担忧，分别有关劳动参与中的性别差距；针对非洲人后裔的种族歧视；针对海地移民的结构性歧视；对促进性和生殖权利的抵抗；以及全面禁止人工流产。此外，他们还对寨卡病毒的传播以及具有多样性取向和性别认同者获取信息的渠道表示担忧。
经济、社会和文化权利委员会将于今天下午3点举行下一次会议，开始审议黎巴嫩的第二次定期报告(E/C.12/LBN/2)。
The Philippines
Commission on Human Rights of the Philippines addressed several issues, including the functional independence of the Commission; torture, enforced disappearance and extrajudicial killing; the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; land rights and adequate housing; indigenous peoples; environment and human rights; and the rights of workers.
Regarding independence of the Commission, the Commission expressed concerns that its budget had not been increased by the same amount as the previous year, that the Charter on the Commission had still not been passed, and that the Government failed to act upon Commission’s recommendations, such as on the ratification of the International Convention for the Protection of All Persons from Enforced Disappearances. On issues related to torture, enforced disappearance and extrajudicial killing, the Commission said that during the Aquino administration, 438 cases of extrajudicial killings had been recorded, as well as 31 cases of enforced disappearance. From 1 July to 22 August 2016, the police had recorded 712 deaths of suspected drug users and peddlers from legitimate police operations. In addition 1,067 killings by unknown assailants had been recorded. The victims of the killings included people from poor communities, as well as activists, journalists, indigenous peoples and human rights defenders. The Commission was concerned that there was an increasing failure to end those grave violations, as well as to end impunity.
Regarding the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Commission underscored the rights of people undergoing psychosocial problems and the rights of the elderly against elder abuse. It requested the Committee to call on the Government to increase national spending on social services like health and social protection, address the current anti-drug campaign, and strengthen primary health care.
Regarding land rights and adequate housing, the Commission said that land use conflicts in the Philippines were a persistent cause of complaints for human rights violations. The Commission requested the Committee to call on the Philippines to prioritize and fast-track the resolution of land use conflicts, and recommend that adequate expertise and resources be allotted. It also called on the Government to establish or strengthen laws with anti-discrimination provisions, and extend an invitation to the Special Rapporteur on housing. On indigenous peoples, the titling of ancestral domains and lands remained a challenge for the State Party, said the Commission. In spite of the Joint Administrative Order No. 1 on contested or overlapping land use, there seemed to be no effective mechanism to protect indigenous people from harassment in such cases. In addition, grave violations against lumads persisted in Mindanao. On the environment and human rights, the Commission was concerned about clear mining policies and guidelines which it had drafted and which were still pending. In addition, although there was a positive shift in policy and an audit of mining firms had been conducted, suspending operations not in compliance with environmental laws, the State party would need to present information on whether or not ordinary mining workers would be adversely affected by the cessation of operations. The Commission asked the Committee to urge the government to clarify whether or not it would ratify the Paris Agreement. It also asked the Committee to urge the Government to fast track the deliberation on the guidelines for the national monitoring of human rights compliance in the mining industry, ensure the protection of the right of mining workers, and conduct a study to incorporate standards of human rights impact assessment.
Regarding the rights of workers and trafficked persons, the Commission focused on three issues, namely domestic workers, migrant workers and trafficked persons. The law regarding domestic workers was facing challenges. In that respect, the Committee should ask the State Party to indicate measures to further raise awareness on the salient provision of the Kasambahay Law, and ensure its strict implementation. The Commission acknowledged the efforts of the Government in respect of migrant workers, and informed of its Cooperation Agreement with the National Human Rights Committee of Qatar. Regarding trafficked persons, the State Party should collect, organize and coordinate data on trafficking of persons in order to efficiently respond to cases of rights violations.
Questions by Experts
An Expert was pleased about the agreement with Qatar asked whether there were proposals to enter into similar agreements with other states in the Gulf. What were the Gulf countries with the largest number of Filipino migrants, particularly female migrants?
Another Expert asked what kind of opposition the Charter was facing. Was the adoption of economic, social and cultural rights limited? On the Indigenous Peoples Act of 1997, the Committee had received conflicting information on the ability of the Commission of Indigenous Peoples to conduct its mandate. Could the National Human Rights Commission expand on that?
An Expert said that he had read that many drug users had been killed and presented as drug dealers. Could more information be provided in that regard?
Another Expert, inquired about sexual and reproductive health, given a decree to ban contraceptives. Were contraceptives available, and what was the situation of other areas or reproductive health?
An Expert asked to what extent trade unions were allowed. To what extent was Sharia law applicable in the Muslim community in the country, and were customary practices tolerated? What was the percentage of the Muslim population in proportion to the rest of the population?
Question was also asked on the standing of special economic zones. Had there been studies on the particularly precarious conditions there, in particular on women?
Had the Commission taken a firm position on the Optional Protocol to the Covenant? If so, what actions had it undertaken to promote it?
Replies by the Commission on Human Rights of the Philippines
Regarding the agreement with Qatar’s Commission, the Commission explained that, in the past, it had had a similar agreement with the Jordanian Human Rights Institution and was looking to sign similar agreements with other countries. Saudi Arabia had the highest number of Filipino domestic workers.
On the mandate of the Commission to cover economic social and cultural rights, the Commission explained that it had a mandate that obliged it to monitor international human rights treaties legislation. The Charter had taken too long because it was not made a priority by the current administration. Regarding the National Commission on Indigenous Peoples and its ability to fulfil its mandate, as well as its credibility, the Commission confirmed that there was a need to strengthen that body as well as its independence. There were indeed issues of mistrust in that regard, by the indigenous peoples, and an examination of the current mandate holders needed to be undertaken. The two Commissions worked together to conduct a national inquiry on land rights.
Regarding killings of trafficking and the killings of drug users and drug dealers, the Commission admitted that it was overwhelmed by the number of killings that had taken place. The Commissions was looking into the socio-economic situation of the victims, most of whom, allegedly, were poor.
On the issue sexual and reproductive health, the Commission explained that there was a ban on a particular device that controlled pregnancies, which was the subject of a Supreme Court deliberation. A national inquiry on reproductive health had been conducted.
Trade unions had been the subject of harassment and extrajudicial killings. Just the previous week, two trade union leaders had been killed.
Regarding Sharia law, it was explained that there were customary practices in place, and the Commission was looking into that.
he Commission was also investigating labour rights violations in special economic zones. Over the time, the Commission had repeatedly endorsed the ratification of the Optional Protocol, and hoped that this would be done.
The Commissioner informed that about ten percent of the population were Muslim. The total population of the country was 105 million.
Civil society organizations from the Philippines
International Service for Human Rights, in a joint statement on behalf of three non-governmental organisations, said that the Philippines ranked as the second most dangerous country in the world in terms of the number of murdered human rights defenders, and as one of the most dangerous to be a land and environmental defender, with 25 deaths alone in 2015 belonging to the indigenous communities. Economic, social and cultural rights defenders continued to suffer threats, harassment and attacks. The criminalisation of defenders, used to silence them and protect business interests, had increased. Many were subject to judicial harassment.
FIAN-Philippines said that the irony of growth without human development was sadly seen in the Philippines. Despite being Asia’s second fastest-growing economy, hunger and poverty persisted in the country. FIAN focused on several urgent issues, including the lack of a right to food and nutrition law; the inadequate implementation of the Land Reform Programme, the Law to Modernize Agriculture and Fisheries, and the Law on Indigenous Peoples Rights; and the exacerbation of the poverty situation of citizens due to natural disasters. The Government had to consider climate change mitigation. Finally, there had to be an assessment of the insurance-based systems on social protection.
Defend Job Philippines stated that, since the passage of the Wage Rationalisation Act of 1989, and the Herrera Law, violation of workers’ rights had been made legal and systematic. Wages were pinned down to starvation levels and the unemployment rate was left at 12 percent. To make matters worse, the passage of the Herrera Law attacked not only security of tenure but also other rights, such as fair wages, maternity benefits and union rights. Workers worked 10-17 hours a day for a three to eight USD wage. There was no job security – only short term contracts or piece-rate system. There were no benefits and cases of non-remittance of social security premiums were rampant.
E-Net said that the Philippines had ratified the main treaties protecting the right to education, however that right was far from being fulfilled for a large number of Filipinos, particularly the poorest and excluded groups. Millions of children dropped out of school every year and only 75.3 percent completed six years of primary education. Some 10 percent, or 6.9 million Filipinos, 10-64 years old, were functionally illiterate in 2013.
TEBTEBBA-Indigenous Peoples’ International Center for Policy Research and Education noted that there continued to be a serious lack of data on the number of indigenous peoples in the Philippines. There were also serious rights violations of indigenous peoples due to mining activities. Medium and large-scale corporate mining and conflicting laws governing natural resources were major problems that indigenous peoples faced in their communities. The free, prior and informed consent process was being manipulated in favour of mining corporations.
DINTEG-Indigenous Peoples’ Legal Centre was concerned about the extrajudicial killings related to the war on drugs. It asked the Committee to say something in that regard. It also asked the Committee to ask the Government about the lack of trust among indigenous peoples with respect to the National Commissions for Indigenous Peoples,
Center for Reproductive Rights, in a joint statement with six other organisations, noting the positive steps on women’s rights to reproductive health services, said that the State party had failed to fully and immediately implement the Responsible Parenthood and Reproductive Health Act of 2012. In addition, a reduction in the budget for family planning had been made. The Philippines was the only country where there was a rise in teenage pregnancies. There were more than half a million abortions conducted in spite of the abortion ban, which was one of the leading causes of maternal deaths. The Centre urged the Committee to question the State party about access to contraceptive information and services, abortion, and post-abortion care.
Questions by Experts
An Expert inquired about the situation concerning the debate on the comprehensive agrarian reform programme and how that related to the debate on the National Land Use Bill. Given that the labour law seemed to be providing adequate rights, was subcontracting problematic? What was the intention of the Government regarding the reform of the endo-system? How did health and safety at work enforced in the formal sector?
Another Expert asked whether specific figures were available regarding child labour. Did indigenous peoples enjoy their cultural rights, including access to cultural heritage, studying and learning in their languages, and so forth? What was the number of minorities and indigenous peoples, including in relation to the general population?
What was the current situation of the Mindanao conflict? What was the process of birth registration in the Philippines, asked the Expert. Was there a cost involved, and what were the basic factors that prevented the Muslim and other communities to register their new-born babies?
Replies by the civil society organizations from the Philippines
FIAN-Philippines explained the status of land rights and land use bills. In addition to the slow enactment of those, there were many exemptions under the laws, as well as land conversions that had been done legally and illegally. One of the main problems was the most recent way of land grabbing, which had effectively undermined the right to food for many Filipinos, for the simple reason that that land had been used for growing food crops.
Defend Job Philippines, regarding contracts, or sub-contracting, said that they took away basic rights from workers. Those were employed for five months, then laid off for two months, and re-employed again.
TEBTEBBA informed that the Department to Education had set up a mode of delivery for indigenous peoples. However, the Education Framework was not yet fully implemented. Industrialisation negatively impacted the indigenous peoples, said the speaker.
Civil society organizations from the Dominican Republic
Comite de America Latina y el Caribe para la Defensa de los Derechos de la Mujer, in a joint statement with Centro de Investigation para la Accion Femenina, said that the Dominican Republic was a country with many injustices and inequalities for most of the population. Although the country’s economy grew, it was not redistributed appropriately. While the number of schooled women was higher than that of men, the gender gap in labour participation remained very high. Women in the formal employment received 78 percent of the income received by men. In addition, 51 percent of women worked in the informal sector, without access to social security, health insurance, pensions, and other benefits.
Racial discrimination against people of African descent was a latent issue, where it was institutionalized and culturally accepted. The Government did not recognize discriminatory practices, which made it difficult to denounce and combat those.
Structural discrimination against Haitian migrants and their descendants was historical, manifesting itself in systematic patterns of marginalisation by their economic, social and cultural conditions. Haitian women and girls who lived in extreme poverty in isolated communities called “bayetes” were disproportionally hit by the non-recognition of the right to Dominican nationality. They had no access to health services, education, labour, or birth certificates.
Resistance by the Government on sexual and reproductive rights still prevailed. In addition, people with diverse sexual orientations and gender identities did not have sufficient access to the information they needed to protect their health. The Zika virus had spread in all parts of the country, and there were at least three cases of babies born with microcephaly. The Dominican Republic had a total criminalisation of abortion. Unsafe abortions were the third leading cause of maternal death and there was no legal change that aimed to reverse the situation.
Questions by Experts
An Expert inquired whether discussion had taken place on a new discrimination bill. She also asked regarding the ProSoli Programme and how it worked.
Another Expert inquired whether there was any form of consultation with civil society in the preparation of the report. He also raised the issue of the independence of the judiciary.
An Expert asked whether there was discrimination against persons of African descent, as well as Haitians.
What were the grounds on which the Constitutional Court struck down the abortion law?
Replies by the civil society organizations from the Dominican Republic
Since the 1950s the Government had brought Haitians to work on sugar cane plantations. Those people had stayed in the Dominican Republic and built their lives there. Since 2007, the Central Electoral Board had started to change policies for them, stating that the children of irregular migrants were not Dominican, explained a civil society representative.
Regarding people of African descent, there was a practice in schools whereby girls were not allowed to attend school with African natural hair.
The National Judges Council elected Judges to the Constitutional Court, which comprised of several people from the Government, elected from the same political party. That meant that the judges depended on the political party.
The Discrimination Law was ready, but had not been submitted to the Parliament yet.
Regarding ProSoli Programme, it was not clear how it would raise people out of poverty as its budget was low.
Civil society had not been asked to be involved in drafting of the State party report.
The Penal Code had earlier decriminalised abortion on three grounds, however now the country had gone back to the previous situation where there was criminalisation of abortion, said a speaker.
__________________
For use of the information media; not an official record