9.The Committee appreciates the efforts of the Commission on Human Rights of the Philippines to promote and protect human rights. It is concerned, however, that the Commission is not explicitly mandated to deal with economic, social and cultural rights and is not provided with sufficient financial and human resources. 10. The Committee recommends that the State party take all measures necessary to ensure that the Commission is explicitly provided with the mandate to deal with economic, social and cultural rights and that it is allocated sufficient resources, with the autonomy to plan and manage its own budget. The Committee urges the State party to expedite the discussion and adoption of the Commission on Human Rights Charter (Senate bill No. 2818 on an act strengthening the functional and structural organization of the Commission on Human Rights, and for other purposes) to ensure full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). Human rights defenders 11.The Committee is deeply concerned at the continuing cases of harassment, disappearance, threats of killing and killing of human rights defenders, despite the adoption in 2012 of Administrative Order No. 35 to address extrajudicial killings. It is also concerned at the low level of investigation, prosecution and conviction in such cases. 12. The Committee urges the State party to take all measures necessary to protect human rights defenders, including trade union activists, defenders of the urban poor, indigenous activists and peasant activists, from killing and all forms of violence. It also urges the State party to ensure a safe and favourable environment supportive of those defenders’ work to promote and protect economic, social and cultural rights. It recommends that the State party step up its efforts to promptly and thoroughly investigate all reported cases of harassment, disappearance and killing of human rights defenders and bring the perpetrators to justice. Indigenous peoples 13.While noting the efforts made by the State party to protect the rights of indigenous peoples, the Committee is concerned at: (a)The conflicts between the protection of indigenous peoples’ ancestral lands under sections 5 and 56 of the 1997 Indigenous Peoples’ Rights Act and the provisions of the 1995 Mining Act and the 1974 Forestry Reform Code of the Philippines, as well as the delay in adopting the National Land Use Bill; (b)The unsatisfactory implementation of the Indigenous Peoples’ Rights Act as regards the demarcation and registration of indigenous peoples’ territories; (c)The limited mandate and capacity of the National Commission on Indigenous Peoples and the doubts that have been expressed concerning its ability to function as a truly independent body for the promotion and protection of the rights of indigenous cultural communities and indigenous peoples; (d)The failure of the State party to uphold the right to free, prior and informed consent of indigenous peoples for any change to the use of their lands and territories and to implement the mandatory representation of indigenous peoples in local decision-making bodies; (e)The displacement of indigenous peoples, particularly those in Mindanao, owing to the armed conflict and intertribal conflicts, as well as extractive and logging operations; (f)The limited access of indigenous peoples to health care, education and other basic services. 14. The Committee recommends that the State party: (a) Fully implement the 1997 Indigenous Peoples’ Rights Act to ensure that, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, indigenous peoples’ rights to their lands, territories and resources are fully recognized and protected and that their free, prior and informed consent is obtained in respect of the adoption of any legislation, policy or project affecting their lands or territories and other resources; (b) Prioritize the adoption of the National Land Use Bill and ratify the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169); (c) Strengthen the mandate and the capacity of the National Commission on Indigenous Peoples and take all measures necessary to enhance its independence and effectiveness, with a view to restoring its credibility among indigenous peoples; (d) Take the steps necessary to ensure the registration of indigenous lands, including through improving the collective land title claim process; (e) Ensure that the free, prior and informed consent of the indigenous peoples concerned is obtained before granting licences to private companies; and that indigenous peoples are represented by their own chosen representatives on local decision-making bodies, such as local mining boards and development units; (f) Adopt appropriate measures to mitigate the impact of armed conflicts, including intertribal conflicts, and natural disasters on indigenous peoples;

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