campaigns, and ensure the transparency of the conduct of public authorities, in law and in practice. The Committee
requests the State party to provide in its next periodic report detailed information about progress made, and obstacles
encountered, in combating corruption and impunity.
15. The Committee remains concerned about reports that forced disappearances and extra-judicial killings of trade union activists,
indigenous leaders, peasant activists advocating for the implementation of the agrarian reform and human rights defenders engaged in
defending the economic, social and cultural rights of their communities continue to occur, despite the measures adopted by the State
party - including the creation of the Task Force Against Political Violence - to tackle these phenomena. The Committee is particularly
concerned about the limited progress made by the State party in investigating cases of forced disappearances and extra-judicial
killings and in prosecuting the perpetrators of these crimes.
The Committee urges the State party to take all necessary measures for the protection of trade union activists,
indigenous leaders, peasant activists and human rights defenders engaged in defending the economic, social and cultural
rights of their communities against any intimidation, threat and violence, whether perpetrated by State security forces
and agents or non-State actors. It also calls on the State party to ensure that all alleged cases of forced disappearances
and extra-judicial killings are promptly and thoroughly investigated, and that alleged perpetrators are prosecuted and
appropriately punished, if found guilty. The Committee requests the State party to provide, in its next periodic report,
detailed information on the progress made in preventing and punishing forced disappearances and extra-judicial killings.
16. The Committee notes with concern the adverse effects that economic activities connected with the exploitation of natural
resources, especially mining operations, carried out in indigenous territories continue to have on the right of indigenous peoples to
their ancestral domains, lands and natural resources, as recognized in the 1997 Indigenous Peoples Rights Act (IPRA). The
Committee is concerned about the conflict of laws between the 1995 Mining Act and IPRA, and notes in particular that section 56 of
the IPRA, which provides for the protection of property rights already existing within the ancestral domains, de facto risks to
undermine the protection of the rights recognized to indigenous peoples under the Act. (arts. 1, 11, 12 and 15)
The Committee urges the State party to fully implement the 1997 Indigenous Peoples Rights Act (IPRA), in particular by
ensuring the effective enjoyment by indigenous peoples of their rights to ancestral domains, lands and natural resources,
and avoiding that economic activities, especially mining, carried out on indigenous territories adversely affect the
protection of the rights recognized to indigenous peoples under the Act.
17. The Committee notes with concern that, in spite of a high GDP growth rate, the national spending on social services such as
housing, health and education remains low, and has in fact decreased over the years. (art. 2, para. 1)
The Committee draws the attention of the State party to its statement on “An evaluation of the obligation to take steps
to the ‘maximum of its available resources’ under an Optional Protocol to the Covenant” (E/C.12/2007/1), and
recommends that the State party increase its national spending on social services such as housing, health and education
so as to achieve, in accordance with article 2, paragraph 1, the progressive realization of the economic, social and
cultural rights provided for in the Covenant.
18. The Committee notes with concern that the State party has not made sufficient progress in reviewing and repealing discriminatory
provisions against women still existing in national legislation. The Committee regrets that the Marital Infidelity Bill, which seeks to
remove the discriminatory provisions in the Revised Criminal Code pertaining to “concubinage” and “adultery”, has not yet been
adopted. The Committee also regrets that the interpretation of the provisions of the Code of Muslim Personal Laws of the Philippines
(Presidential Decree No. 1083) permits polygamy and the marriage of girls under the age of 18, and that forced marriages are still
tolerated in certain parts of the State party. (art. 2, paras. 2 and 3, and art. 10, para. 1)
The Committee urges the State party to undertake, as a matter of priority, a comprehensive review of its legislation with
a view to ensuring de jure and de facto equality between men and women in all fields of life, as provided for in article 2,
paragraph 2, and article 3 of the Covenant. In particular, it urges the State party to adopt the Marital Infidelity Bill, and
to review the interpretation of the Code of Muslim Personal Laws of the Philippines. The Committee draws the attention
of the State party to its general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all
economic, social and cultural rights, and requests the State party to provide, in its next periodic report, detailed
information on the progress made in the field of gender equality.
19. The Committee is concerned about the persistent high unemployment and underemployment rates in the State party. The
Committee notes in particular that the lack of employment opportunities has led much of the population of working age to emigrate.
(art. 6)
The Committee urges the State party to increase its efforts to reduce unemployment and underemployment through
specifically targeted measures, including programmes aimed at creating employment opportunities at the local level for
young, unskilled and inexperienced workers living in urban areas and persons living in rural areas.
20. The Committee, while welcoming the efforts undertaken by the State party to address the concerns of persons working in the
informal economy and to facilitate their enrolment in the social security system and PhilHealth, continues to be concerned about the
large number of persons working in the informal economy, an estimated 44.6 per cent of the total number of workers who continue to
be excluded from the coverage of existing labour and social security legislation. (arts. 6, 7, 8 and 9)