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Philippines

Executive Summary

The Philippines is a multiparty, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. The presidential and 2013 midterm national elections were generally free and fair. The 2016 local elections were twice postponed until May 2018. Proponents of delaying the elections cited several reasons, among them the continued influence of drug money on local elections.

Civilian control over the Philippine National Police (PNP) improved but was not fully effective. The government confirmed a civilian head of the Internal Affairs Service in December 2016, after an eight-year hiatus.

In May members of the terrorist Maute Group and supporters of other extremist organizations attacked Marawi City, on the southern island of Mindanao. In response President Duterte declared martial law in all of Mindanao. The Armed Forces of the Philippines (AFP) restored government control of the city on October 23. Approximately 360,000 persons were displaced as a result of the crisis.

Extrajudicial killings have been the chief human rights concern in the country for many years and, after a sharp rise with the onset of the antidrug campaign in 2016, they continued in 2017. From January to the end of September, media reports chronicled more than 900 fatalities in police operations suspected to be connected with the government’s antidrug campaign. Police claimed to have begun investigations of all reports of extrajudicial killings. As of August, police claimed to have resolved 1,889 cases, and 4,373 remained under investigation.

The most significant human rights issues included: killings by security forces, vigilantes and others allegedly connected to the government, and by insurgents; torture and abuse of prisoners and detainees by security forces; often harsh and life threatening prison conditions; warrantless arrests by security forces and cases of apparent government disregard for legal rights and due process; political prisoners; killings of and threats against journalists; official corruption and abuse of power; threats of violence against human rights activists; violence against women; and forced labor.

The government investigated a limited number of reported human rights abuses, including abuses by its own forces, paramilitaries, and insurgent and terrorist groups. Concerns about police impunity increased significantly following the sharp increase in police killings. President Duterte publicly rejected criticism of police killings, but he said authorities would investigate any actions taken outside the rule of law. Significant concerns persisted about impunity of civilian national and local government officials and powerful business and commercial figures.

Conflicts continued between the government and Muslim separatist, communist insurgent, and terrorist groups, displacing communities and resulting in deaths of security force members and civilians. Terrorist organizations engaged in kidnappings for ransom, bombings of civilian targets, beheadings, and the use of child soldiers in combat or auxiliary roles, and the organizations operated shadow governments in areas they controlled. The government called off negotiations with the National Democratic Front of the Philippines, the political arm of the New People’s Army, early in the year after clashes between the armed forces and New People’s Army guerilla fighters in violation of a 2016 ceasefire. The government resumed peace talks with the Moro Islamic Liberation Front.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that government security agencies and their informal allies committed arbitrary or unlawful killings in connection with the government-directed campaign against illegal drugs. Killings of activists, judicial officials, local government leaders, and journalists by antigovernment insurgents and unknown assailants also continued.

From July 2016 through October 25, 2017, law enforcement agencies reported that 3,967 “drug personalities” died in connection with antidrug operations. In one case, on June 30, police killed Ozamiz City Mayor Reynaldo Parojinog, his wife, and 10 others in a series of predawn antidrug raids. The operation drew condemnation from the Commission on Human Rights (CHR) as well as some legislators, but the Senate did not launch an inquiry on the grounds that the mayor was not detained in a government facility.

In killings attributed to vigilantes, many victims were found adorned with cardboard signs, plastic wrap, garbage bags, or other markers designating them as drug dealers.

The reported number of alleged extrajudicial killings varied widely, as government and nongovernmental organizations (NGOs) used different definitions. The CHR, an independent government agency responsible for investigating alleged human rights violations, investigated 139 new complaints of alleged extrajudicial or politically motivated killings involving 174 victims as of August. The rising death toll from the government’s antidrug campaign compelled the CHR to separate politically motivated killings from drug-related cases in its reporting. From January to June, the CHR investigated 44 cases of drug-related extrajudicial killings involving 56 victims. The CHR suspected PNP or Philippine Drug Enforcement Agency (PDEA) involvement in 112 of these new complaints and AFP or paramilitary personnel in one case. The CHR attributed many of the remaining cases to insurgent/terrorist forces.

The PNP’s Task Force Usig, responsible for investigating and monitoring killings of media members, labor activists, and foreigners, reported no new cases from January to August. Police also changed the language they used with respect to deaths outside official police actions, to refer to them uniformly to as “homicide cases.” Previously, the police had used the term “deaths under investigation” to refer to deaths outside police operations but which appeared connected to the antidrug campaign. Beginning in May, government data on the antidrug campaign were provided through #RealNumbersPH, operated by the Inter-Agency Committee on Anti-Illegal Drugs.

As of June 30, the NGO Task Force Detainees of the Philippines (TFDP) documented four cases of state-perpetrated, politically motivated killings carried out by unspecified security forces. The TFDP noted that these cases were separate from killings in the antidrug campaign. The increase in cases of alleged drug-related extrajudicial killings resulted in the expansion of TFDP documentation, which began to include drug-related killings. As of June 30, the TFDP had documented 55 drug-related killings involving 67 victims.

President Duterte continued his anticrime campaign, specifically targeting the widespread trafficking and abuse of illegal narcotics. President Duterte made numerous public statements suggesting that killing suspected drug traffickers and users was necessary to meet his goal of wiping out drug-related crime. On October 10, the president issued a memorandum designating the PDEA as the sole agency for conducting operations in the government’s war on drugs, sidelining the police in antidrug operations and prompting a drop in reported extrajudicial killings. President Duterte publicly challenged the CHR’s authority to investigate allegations of police abuse without his approval. The PNP’s Internal Affairs Service reported that manpower and resource limitations hampered the legally required investigations into deaths resulting from police operations, but it asserted that 100 percent of the deaths in police shootings resulted from legitimate, lawful police actions. In specific cases, President Duterte commented that if police were found guilty, they should go to jail. Some civil society organizations accused police of planting evidence, tampering with crime scenes, unlawfully disposing of the bodies of drug suspects, and other actions to cover up extrajudicial killings.

President Duterte stated publicly, for example in an August 16 speech on the anniversary of the founding of “Volunteers Against Crime and Corruption,” that he continued to maintain lists of suspected drug criminals, including government, police, and military officials and members of the judiciary. The government did not reveal the source of this information, leading some to question its accuracy and the legitimacy of the lists.

b. Disappearance

As reported by the AFP Human Rights Office, there was one report of a forced disappearance by or on behalf of government authorities (see section 1.g.).

The law allows family members of alleged victims of disappearances to compel government agencies to provide statements in court about what they know regarding the circumstances surrounding a disappearance (or extrajudicial killing) and the victim’s status. Evidence of a kidnapping or killing requires the filing of charges, but in many past cases, evidence and documentation were unavailable or not collected. Investigative and judicial action on disappearance cases was insufficient; a minority of previously reported cases were prosecuted.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit torture, and evidence obtained through its use is inadmissible in court. According to the CHR, however, members of the security forces and police allegedly routinely abused and sometimes tortured suspects and detainees. Common forms of abuse during arrest and interrogation reportedly included electric shock, cigarette burns, and suffocation.

As of August the CHR investigated 25 cases of alleged torture involving 58 victims; it suspected the police in a majority of the cases. The CHR investigated four cases of torture and mistreatment by prison guards. Some of these cases involved two or more categories of accused perpetrators. In the same period, the TFDP documented two cases of torture involving 11 victims. There were reports that AFP soldiers detained and interrogated children and in one instance tortured a child suspected of associating with armed groups.

There were no convictions during the year, but a few cases continued under the antitorture law.

According to NGOs and press reports, mental abuse, including shaming–illegal under the Anti-Torture Act–reportedly occurred, especially in drug cases. In March local media published photographs of hundreds of prisoners at the Cebu provincial jail sitting naked while being searched for contraband. In a predawn operation dubbed “Operation Greyhound,” prisoners were awakened and forced to remove their clothes while officials searched their jail cells. Human Rights Watch expressed concern that the search, conducted in the open and publicized, was inhumane and violated the prisoners’ right to privacy.

As part of the antidrug campaign, authorities called on drug criminals to turn themselves in to police to avoid more severe consequences. As of July the government social media campaign #RealNumbersPH reported 1,308,078 surrenders facilitated, although civil society actors questioned the official figures. Civil society and other observers claimed a climate of fear led many persons associated with drugs to surrender due to fear for their lives.

Prison and Detention Center Conditions

Prison conditions were often harsh and potentially life threatening and, in some cases, included gross overcrowding, inadequate sanitary conditions and medical care, food shortages, and physical abuse.

NGOs reported that abuses by prison guards and other inmates were common, but they stated that prisoners, fearing retaliation, declined to lodge formal complaints.

Physical Conditions: The Bureau of Corrections (BuCor), under the Department of Justice, administered seven prisons and penal farms nationwide for individuals sentenced to prison terms exceeding three years. During the year BuCor facilities operated at approximately 2.5 times the official capacity of 16,010, holding 41,244 prisoners.

The Bureau of Jail Management and Penology (BJMP), under the Department of the Interior and Local Government and the PNP, controlled 926 city, district, municipal, and provincial jails that held pretrial detainees, persons awaiting final judgment, and convicts serving sentences of three years or less. The BJMP reported its jails operated at an average of more than four times their designated capacity. The Quezon City Jail, for example, had an official capacity of 261 inmates, yet as of July held 2,916 prisoners, approximately 70 percent of whom were detained on drug charges, according to international media sources. Several NGOs observed that overcrowding was more severe in smaller cities, a condition that reportedly triggered violence among inmates and promoted gang rivalries. The prison population increased by 22 percent between July 2016 and September 2017.

At the Manila Police District in Tondo in April, the CHR discovered 12 individuals detained in a secret cell hidden behind a bookshelf. The cell had inadequate lighting, sanitation, food, and water. According to media reports, several detainees said they were tortured and beaten while detained, and some were subjected to extortion in exchange for release. A May 26 CHR visit found the cell vacant. As of September 13, nine of the detainees were released on bail; the remaining three were transferred to the Manila City Jail Male and Female Dormitory.

Approximately 98 percent of prisoners in BJMP and PNP jails were pretrial detainees; the balance were convicted criminals serving less than three-year sentences.

Juveniles under the age of 18 were typically released by court order or following a petition by the Public Attorney’s Office, the inmate’s private lawyer, or through NGO-led appeals. As of July, juveniles made up less than 1 percent of the prison population.

Prison authorities did not uniformly enforce BJMP and BuCor regulations that require holding male and female inmates in separate facilities, and in national prisons overseeing them with guards of the same sex. In some facilities, authorities did not fully segregate juveniles from adults. The BJMP and BuCor reported insufficient custodial and escort personnel, especially in large jails, with 60 to 70 prisoners to each custodial staff member.

Reports indicated that poor sanitation, inadequate ventilation, poor access to natural lighting, and a lack of potable water were chronic problems in correctional facilities and contributed to health problems. From January to July, BuCor and the BJMP reported 804 inmate deaths, a death rate of 0.42 percent. Most deaths were the result of illness. Authorities provided BuCor inmates with medical care; however, some medical services and treatments were not available. In such cases, authorities referred inmates to an outside hospital. Inmates received a medicine allowance of 10 Philippine pesos ($0.20) per day.

Opportunities for prisoner recreation, learning, and self-improvement remained scarce.

Administration: The BJMP helped expedite court cases to promote speedy disposition of inmates’ cases. Through this program, authorities released 27,396 inmates from BJMP jails as of July.

Prisoners, their families, and lawyers may submit complaints to constitutionally established independent government agencies, and the CHR referred complaints it received to the appropriate agency.

Authorities generally allowed prisoners and detainees to receive visitors, but local NGOs reported that authorities periodically restricted family visits for some political detainees. Prison officials noted that security concerns and space limitations at times also restricted prisoner access to visitors.

Muslim officials reported that, while Muslim detainees were allowed to observe their religion, Roman Catholic mass was often broadcast by loudspeaker to prison populations of both Roman Catholic and non-Roman Catholic prisoners and detainees. BuCor has a rehabilitation program that focuses on inmates’ moral and spiritual concerns.

Independent Monitoring: Authorities permitted international monitoring groups, including the International Committee of the Red Cross, free and timely access to jails and prisons. The constitution grants the CHR authority to visit jails, prisons, or detention facilities to monitor the government’s compliance with international treaty obligations. The Cebu Provincial Detention and Rehabilitation Center denied prompt access to a team from the CHR in March and required the commission to write a letter to provincial authorities before the visit could proceed. The CHR Region VII team visited the facility to investigate the forced stripping incident during the antidrug-focused Operation Greyhound.

Improvements: The BJMP launched the Revised Time Allowance Manual for Persons Deprived of Liberty. This entitles inmates to reductions in their sentences based on good conduct. More than 18,300 inmates benefited from this program. BuCor had a tie-in project with the Department of Justice to digitize inmates’ records for ease of access and preservation.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of persons to challenge the lawfulness of their arrest or detention in court, and the government generally observed these requirements. As of July, the Office of the Ombudsman, an independent agency responsible for investigating and prosecuting charges of public abuse and impropriety, reported 75 arbitrary detention violations committed by law enforcement agencies or the AFP. Investigations into 74 of these cases were pending, while the remaining case was dismissed. One case involved a high-ranking official.

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNP is charged with maintaining internal security in most of the country and reports to the Department of the Interior and Local Government. The AFP, which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly in areas of Mindanao. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The PNP Special Action Force is responsible, in particular, for urban counterterrorism operations. President Duterte’s May declaration of martial law for the entire region of Mindanao and the Sulu Archipelago remained in effect as of October, giving the military expanded powers. Human rights groups expressed concern about the potential for human rights abuses, recalling the period of martial law for the entire country during the Marcos regime.

Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources, an arrangement that often resulted in graft and corruption.

The 176,000-member PNP’s institutional deficiencies and the public perception that corruption was endemic within the force continued. The PNP’s Internal Affairs Service, mandated to ensure police operate within the law, remained largely ineffective.

Despite criticism from domestic and international human rights groups for its role in the antidrug campaign, as of October no criminal complaints had been filed by the Public Attorney’s Office or the National Bureau of Investigation against PNP officers accused of unlawful killings.

Government mechanisms to investigate and punish abuse and corruption in the security forces remained largely ineffective. President Duterte publicly condemned corruption in government and security forces, but oversight mechanisms were poorly resourced, and there was little effort to target corrupt security officials. From January to August, the Office of the Ombudsman received 133 complaints concerning 229 cases of alleged military and law enforcement involvement in human rights abuses, including killings, injuries, unlawful arrest, and torture. A majority (97 percent) of the cases were against low-ranking officials. As of September all cases remained open pending additional investigation. There were no convictions recorded against high-ranking police or military officials.

From January to June, the PNP recorded a total of 2,112 administrative cases involving 3,704 officers, including both uniformed and nonuniformed personnel. Of these, 778 were resolved with various penalties. From January to July, the PNP recorded 203 criminal cases involving 212 PNP personnel, of which 67 were filed in court, 126 were referred to the Prosecutor’s Office, and five remained under investigation.

In a prominent example of police abuse and misconduct, on September 15, National Capital Region Police Chief Oscar Albayalde ordered the reassignment or retraining of more than 1,200 police officers following rising concerns about corruption within the Caloocan police force. This included unsanctioned drug raids, evidence mismanagement, and the August 18 killing of 17-year-old Kian de los Santos at the hands of plainclothes police officers in Caloocan City. The Caloocan City police received additional scrutiny on September 14 when a closed-circuit video of 13 Caloocan police officers robbing a house during a September 7 drug raid became public.

The AFP Human Rights Office monitored and reviewed alleged human rights abuses involving members of the military. From January through August, the office identified and investigated four reported incidents, including an indiscriminate discharge of a weapon, two murders, and a forced disappearance. As of August, the AFP had settled the indiscriminate weapon case when the suspect was found guilty. The three other cases remained pending.

Efforts continued to reform and professionalize the PNP through improved training, expanded community outreach, and salary increases. Human rights-based modules were included in all PNP career courses, and the PNP Human Rights Affairs Office conducted routine training nationwide on human rights responsibilities in policing.

The military also routinely provided human rights training to its members, augmented by training from the CHR. The AFP used its revised Graduated Curricula on Human Rights/International Humanitarian Law for the Military to provide a uniform standard of training across service branches. The AFP adhered to a 2005 Presidential Memorandum requiring the incorporation of human rights and international humanitarian law into all AFP education and training courses. Successful completion of these courses is required to finish basic training and for induction, promotion, reassignment, and selection for foreign schooling opportunities. From January to August, various AFP service units conducted a total of 55 human rights-related training programs, seminars, or workshops.

The Congressional Commission on Appointments determines whether senior military officers selected for promotion have a history of human rights violations and solicits input from the CHR and other agencies through background investigations. The commission may withhold a promotion indefinitely if it uncovers a record of abuses. Violations, however, do not preclude promotion.

Human rights groups noted little progress in implementing and enforcing reforms aimed at improving investigations and prosecutions of suspected human rights violations. Potential witnesses often were unable to obtain protection through the witness protection program managed by the Department of Justice due to inadequate funding or procedural delays or failure to step forward because of doubts about the program’s effectiveness. The CHR operated a smaller witness protection program that was overburdened by witnesses to killings in the antidrug campaign. The loss of family income due to the relocation of a family member was also, in some cases, a barrier to witnesses’ testimony. The Office of the Ombudsman also reported that witnesses often failed to come forward, or failed to cooperate, in police abuse or corruption cases. This problem sometimes followed pressure on witnesses and their families or arose from an expectation of compensation for their cooperation.

The government continued to support and arm civilian militias. The AFP controlled Civilian Armed Force Geographical Units (CAFGUs), while Civilian Volunteer Organizations (CVOs) fell under PNP command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited CVO and CAFGU members into those armies.

Human rights NGOs linked state-backed militias and private armies to numerous human rights abuses. The trial of 105 suspects in the 2009 massacre of 58 civilians in Maguindanao Province continued. As of July, three of the remaining suspects were acquitted of 58 counts of murder for lack of evidence. The chief suspect, former Maguindanao governor Andal Ampatuan, Sr., died in 2015.

Such delays reinforced the perception of impunity for national, provincial, and local government actors accused of human rights abuses.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Warrants based on sufficient evidence and issued by an authorized official are required for an arrest unless the suspect is observed in the act of committing an offense, there is probable cause that the suspect had just committed an offense, or the suspect is an escaped prisoner. Authorities are required to file charges within 12 to 36 hours for arrests made without warrants, depending on the seriousness of the crime. In terrorism cases, the law permits warrantless arrests and detention without charges for up to three days.

Detainees have the right to bail, except when held for offenses punishable by a life sentence. The bail system largely functioned as intended, and suspects are allowed to appeal a judge’s decision to deny bail. The law provides an accused or detained person the right to choose a lawyer and, if indigent, to have the state provide one. Due to an underresourced Public Attorney’s Office, however, indigent persons had limited access to public defenders.

Arbitrary Arrest: Security forces continued to detain individuals, including juveniles, arbitrarily and without warrants on charges other than terrorism, especially in areas of armed conflict.

Pretrial Detention: Lengthy pretrial detention remained a problem due largely to the slow and ineffectual justice system. The average pretrial detention time was 18 months. Large jails employed paralegals to monitor inmates’ cases, prevent detention beyond the maximum sentence, and assist with decongestion efforts.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees have the right to a judicial review of the legality of their detention. The constitution contains severe financial penalties for law enforcement officers found to have unlawfully detained individuals. Some human rights observers linked these penalties to extrajudicial killings, asserting that law enforcement officers often viewed killing a suspect as less risky than detaining him/her.

e. Denial of Fair Public Trial

The law provides for the right to a fair and public trial. An independent judiciary generally enforced this right, although not in a timely manner. Corruption through nepotism, personal connections, and sometimes bribery continued to result in relative impunity for wealthy or influential offenders. Insufficient personnel, inefficient processes, and long procedural delays continued to hinder the judicial system. These factors contributed to widespread skepticism that the criminal justice system delivered due process and equal justice.

Trials took place as a series of separate hearings, often months apart, as witnesses and court time became available, contributing to lengthy delays. There was a widely recognized need for more prosecutors, judges, and courtrooms. Judgeship vacancy rates were approximately 30 percent. Courts in Mindanao and poorer provinces had higher vacancy rates than the national average. Sharia (Islamic law) court positions continued to be particularly difficult to fill because of the requirement that applicants be members of both the Sharia Bar and the Integrated Bar. Sharia courts do not have criminal jurisdiction. Although the Prosecutor General was given authority to hire hundreds of new prosecutors for sharia courts, training for them was short and considered inadequate.

The Supreme Court continued efforts to provide speedier trials, reduce judicial malfeasance, increase judicial branch efficiency, and raise public confidence in the judiciary. It continued to implement guidelines to accelerate the resolution of cases in which the maximum penalty would not exceed six years in prison. In 2016 the judiciary instituted new court rules and procedures for case processing that limit the postponement of hearings and made other procedural changes to expedite case processing. The most significant part of the reform, Revised Guidelines for Continuous Trial of Criminal Cases in Pilot Courts, was approved in May for nationwide rollout as part of the Supreme Court’s efforts to decongest court dockets. Implementation began in September.

TRIAL PROCEDURES

The law requires that all persons accused of crimes be informed of the charges against them and grants rights to counsel, adequate time to prepare a defense, and a speedy and public trial before a judge. No criminal proceeding goes forward against a defendant without the presence of a lawyer. The law presumes defendants are innocent. They have the right to confront witnesses against them, be present at their trial, present evidence in their favor, appeal convictions, and not be compelled to testify or confess guilt. The court may appoint an interpreter if necessary. If the court’s interpreter makes serious mistakes, a party can challenge the interpretation. The government generally implemented these requirements, except for the right to a speedy trial.

Although the law provides that cases should be resolved within three months to two years, depending on the court, trials effectively had no time limits. Government officials estimated it took an average of five to six years to obtain a decision.

Authorities respected a defendant’s right to representation by a lawyer, but poverty often inhibited access to effective legal counsel. The Public Attorney’s Office, which reports to the Department of Justice, did not have the necessary resources to fulfill its constitutional mandate and used its limited resources to represent indigent defendants at trial rather than during arraignments or pretrial hearings. During pretrial hearings courts may appoint any lawyer present in the courtroom to provide on-the-spot counsel to the accused.

Sentencing decisions were not always consistent with legal guidelines, and judicial decisions sometimes appeared arbitrary.

POLITICAL PRISONERS AND DETAINEES

Under law enacted in 1945, the government defines political prisoners as those who may be accused of any crime against national security. Using this definition, BuCor reported 162 political prisoners in its facilities as of August. The BJMP does not track political prisoners and defines prisoners based only on security risk.

Various human rights NGOs maintained lists of incarcerated persons they considered political prisoners. The TFDP was tracking 337 political detainees as of June. The majority of those tracked were pretrial detainees, 14 of whom were arrested from January to June. The TFDP noted that, in the majority of cases, authorities mixed political prisoners with the general inmate population, except in the National Bilibid Prison, where they held the majority of political prisoners in maximum-security facilities.

The government used NGO lists as one source of information in the conduct of its pardon, parole, and amnesty programs. The TFDP reported that 14 political prisoners had been released from prisons or detention centers as of July. None of these releases resulted from executive action (pardons or amnesties).

The government permitted regular access to political prisoners by international humanitarian organizations.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Most analysts regard the judiciary as independent and impartial in civil matters. Complainants have access to local trial courts to seek civil damages for, or cessation of, human rights abuses. There are administrative as well as judicial remedies for civil complaints, although overburdened local courts often dismissed these cases. There were no regional human rights tribunals that could hear an appeal from the country.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The government generally respected the privacy of its citizens, although leaders of communist and leftist organizations and rural-based NGOs alleged routine surveillance and harassment. Authorities routinely relied on informant systems to obtain information on terrorist suspects and for the antidrug campaign. Although the government generally respected restrictions on search and seizure within private homes, searches without warrants continued to occur. Judges generally declared evidence obtained illegally to be inadmissible.

Section 2. Respect for Civil Liberties, Including:

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the basis of sex, race, creed, disability, and HIV, tuberculosis, hepatitis B, or marital status. The law does not prohibit employment discrimination with respect to color, political opinion, national origin or citizenship, language, sexual orientation, gender identity, age, other communicable disease status, or social origin. While some local antidiscrimination ordinances existed at the municipal or city levels that prohibit employment discrimination against LGBT–but not intersex–persons, there was no prohibition against such discrimination in national legislation.

The law requires most government agencies and government-owned corporations to reserve 1 percent of their positions for persons with disabilities; government agencies engaged in social development must reserve 5 percent. The law commits the government to providing “sheltered employment” to persons with disabilities, for example in workshops providing special facilities. The Labor Department’s Bureau of Local Employment maintained registers of persons with disabilities that indicate their skills and abilities and promoted the establishment of cooperatives and self-employment projects for such persons.

Persons with disabilities experienced discrimination in hiring and employment. The Labor Department estimated that only 10 percent of employable persons with disabilities were able to find work.

There were few cases filed to test how effectively the law was enforced. The government did not effectively monitor and enforce laws prohibiting employment discrimination based on disability, and the National Council for Disability Affairs and the Labor Department did not monitor the regulation regarding the employment of persons with disabilities effectively. The effectiveness of penalties to prevent violations could not be assessed.

The government had limited means to assist persons with disabilities in finding employment, and the cost of filing a lawsuit and lack of effective administrative means of redress limited the recourse of such persons when prospective employers violated their rights. In 2016 an HIV-positive worker won a case against his employer for having been fired as a result of his HIV-positive diagnosis. The court ordered that the individual be reinstated and receive approximately 600,000 pesos ($12,000) in damages and back wages.

Discrimination in employment and occupation occurred with respect to LGBTI persons. A number of LGBTI organizations submitted anecdotal reports of discriminatory practices that affected the employment status of LGBTI individuals. Discrimination cases included the enforcement of rules, policies, and regulations that disadvantaged LGBTI persons in the workplace. For example transgender women were told by recruitment officers that they would be hired only if they presented themselves as males by cutting their hair short, dressing in men’s clothes, and acting in stereotypically masculine ways. In August local media reported workplace discrimination against an LGBTI person whose new employer, a popular local fast food chain, stated that the company was not yet ready to accept LGBTI staff or culture in its office because of the company’s Roman Catholic beliefs.

Women faced discrimination both in hiring and on the job. Some labor unions claimed female employees suffered punitive action when they became pregnant. Although women faced workplace discrimination, they continued to occupy positions at all levels of the workforce.

Women and men were subject to systematic age discrimination, most notably in hiring practices.

e. Acceptable Conditions of Work

As of July tripartite regional wage boards of the National Wage and Productivity Commission had made no increases to the daily minimum wage rates for agricultural and nonagricultural workers. Minimum wages ranged from 491 pesos ($9.82) per day for nonagricultural workers in the Manila region to 243 pesos ($4.86) per day for agricultural workers in the Ilocos region. The law did not cover many workers, since wage boards exempted some newly established companies and other employers from the rules because of factors such as business size, industry sector, export intensity, financial distress, and capitalization level.

Domestic workers worked under a separate wage and benefit system, which lays out minimum wage requirements and payments into social welfare programs, and mandates one day off a week. A 2010 survey, the most recent data available, reported that 1.9 million people were employed as domestic workers, with nearly 85 percent being women and girls as young as 15.

According to the government, in 2015, the latest year for which such data was available, a family of five needed an average income of 8,022 pesos ($160) per month to avoid poverty.

Penalties for noncompliance with increases or adjustments in the wage rates as prescribed by law are a fine not exceeding 25,000 pesos ($500), imprisonment for not less than one year nor more than two years, or both. In addition to fines, the government used administrative procedures and moral suasion to encourage employers to rectify violations voluntarily.

By law the standard workweek is 48 hours for most categories of industrial workers and 40 hours for government workers, with an eight-hour per day limit. The law mandates one day of rest each week. The government mandates an overtime rate of 125 percent of the hourly rate on ordinary days, 130 percent on special nonworking days, and 200 percent on regular holidays. There is no legal limit on the number of overtime hours that an employer may require.

The law provides for a comprehensive set of occupational safety and health standards. Regulations for small-scale mining prohibit certain harmful mining practices, including the use of mercury and underwater, or compressor, mining. The law provides for the right of workers to remove themselves from situations that endangered health or safety without jeopardy to their employment. Most labor laws apply to foreign workers, who must obtain work permits and may not engage in certain occupations.

The Labor Department’s Bureau of Working Conditions (BWC) monitors and inspects compliance with labor law in all sectors, including workers in the formal sector, nontraditional laborers, and informal workers, and inspects SEZs and businesses located there. The number of labor law compliance officers, who monitor and enforce the law, including by inspecting compliance with core labor and occupational safety standards and minimum wages, increased slightly. Nonetheless, the number of compliance officers was insufficient to enforce compliance for the workforce of 42 million workers. The Labor Department prioritized increasing the number of officers, however, acknowledging that insufficient inspection funds continued to impede its ability to investigate labor law violations effectively, especially in the informal sector and in small and medium-size enterprises.

The Department of Labor continued to implement its Labor Laws Compliance System for the private sector. The system included joint assessments, compliance visits, and occupational safety and health standards investigations. Labor Department inspectors conducted joint assessments with employer and worker representatives; inspectors also conducted compliance visits and occupational safety and health standards investigations. The Labor Department and the ILO also continued to implement an information management system to capture and transmit data from the field in real time using mobile technology. Of the 30,874 establishments jointly assessed by the labor inspectors and worker and employer representatives, 16,113 were found to be deficient in enforcing labor standards, including core labor standards and minimum wage rates. Following a deficiency finding, the Labor Department may issue compliance orders that can include a fine or, if the deficiency poses a grave and imminent danger to workers, suspend operations. The BWC also reported 29 establishments were found deficient with respect to child labor law.

Violations of minimum wage standards were common, as was the use of contract employees to avoid the payment of required benefits, including in the SEZs. Many firms hired employees for less than minimum wage apprentice rates, even if there was no approved training in their work. Complaints about payment under the minimum wage and nonpayment of social security contributions and bonuses were particularly common at companies in the SEZs. In March the Labor Department issued Department Order 174, setting stricter guidelines on the use of labor contracting and subcontracting. Some labor unions, however, criticized the order for not ending all forms of contractual work.

There were also gaps and uneven applications of the law. Media reported problems in the implementation and enforcement of the domestic worker’s law, including a tedious registration process, an additional financial burden on employers, and difficulty in monitoring employer compliance.

During the year various labor groups criticized the government’s enforcement efforts, in particular the Labor Department’s lax monitoring of occupational safety and health standards in workplaces. Between January and July, the BWC recorded 11 work-related accidents that caused 38 deaths and 11 injuries. Statistics on work-related accidents and illnesses were incomplete, as incidents were underreported, especially in agriculture.

The government and several NGOs worked to protect the rights of the country’s overseas citizens, most of whom were Philippine Overseas Employment Administration (POEA) contract or temporary workers. Although the POEA registered and supervised domestic recruiter practices, authorities often lacked sufficient resources to provide worker protection overseas. The government, nonetheless, launched an interagency humanitarian mission to provide assistance to thousands of citizen workers laid off or stranded in Saudi Arabia and facilitated the repatriation of hundreds. As of September the Department of Social Welfare reported “hundreds” of citizens still needed repatriation from Saudi Arabia.

The government continued to place financial sanctions on, and bring criminal charges against, domestic recruiting agencies found guilty of unfair labor practices. From January to August, the POEA reported a total of 100 suspension orders issued to 57 licensed recruitment agencies for various violations. Foreigners were generally employed in the formal economy and recruited for high-paying, specialized positions. They typically enjoyed better working conditions than citizens.

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