Community-based Dialogues Project (CBD)
Top-Level Policy Dialogue on the Philippines’ Universal Periodic Review (UPR)

HSF

CHR presented the “Outcome of the 4^th Universal Periodic Review (UPR) of the Philippines” based on thematic clustering by the Government and the UN Office of the High Commissioner on Human Rights (OHCHR), as follows:

1. received 289 recommendations from 107 member states
    
2. 215 recommendations were supported/accepted by the Philippines, which is more than 100% (compared to the 3^rd cycle) relating to relevant government human rights policies, programs and initiatives already in place
    
3. 74 recommendations were “noted” by the Philippines; 4 “further study;” 4 not supported;” and 1 “voluntary commitment”
    
4. 51% of recommendations relate to SDG 16: Peace, Justice and Strong Institutions
    
5. Recommendations covered issues on international humanitarian law; civil and political rights; economic, social and cultural rights; women’s rights; children’s rights; legal and general framework of implementation; other specific groups and persons
     
6. Part of the supported recommendations include implementing the Philippine Human Rights Plan and the United Nations Joint Programme on Human Rights; maintaining moratorium on the death penalty; non-mandatory legislative action; cooperation and follow-up with Treaty Bodies; strengthening the CHR and human rights mechanisms; national mechanism for implementation, reporting and follow-up (of the recommendations); cooperation and consultation with civil society; national preventive mechanism (against torture); poverty & income inequality; right to development, to an adequate standard of living; social security, health, education; environment; climate change; crises, disasters and other emergencies; internally displace persons; indigenous peoples; discrimination & violence against women; sexual and gen-based violence; persons with disabilities; children; human trafficking/slavery; condition of detention facilities;  administration of justice and fair trial; access to justice and remedy; rule of law and impunity; extrajudicial, summary or arbitrary executions; human rights-based approach to combating illegal drugs; freedom of opinion, expression, association and access to information; arbitrary arrest & detention; labor rights and right to work; human rights defenders
    
7. Part of the “Noted” recommendations include mandatory legislative action (e.g. human rights defenders bill); those which are not in line with Filipino people’s cultural values, religious beliefs and national identity; anti-illegal drugs campaign; civil and political rights; investment for reproductive health; climate risk; national action plan on business and human rights
    
8. CHR conclusion and recommendations: calls upon the Government to utilize the UPR 4^th cycle outcomes as a transformative tool to improve human rights situation on the ground including to adopt a National Human Rights Action Plan that will incorporate recommendations from the UPR, the treaty bodies and the special procedures mandate-holders
    
9. 4^th cycle to conclude in 2027

Reactions from partners and stakeholders:

1. PNP-HRAO
   • PNP is extending its cooperation in the investigation of actual cases under Administrative Order 35 chaired by the Department of Justice
   • It also chairs the Technical Working Group (TWG) on Police Data under the UNJP on Human Rights
      
2. Presidential Human Rights Committee (PHRC) Secretariat
   • UPR is a process I UN to monitor human rights situation in every country; it is very particular on the use of words
   • More than 100% Government-supported recommendations show its seriousness to human rights promotion and protection
   • (Merely) “Noted” recommendations do not always imply that the Government rejects them but may be considered/implemented/reported in next UPR (e.g., there has been no re-imposition of death penalty despite proposals in Congress);  however, others like red-tagging has no basis in law (no legal or consensus on its definition), use of judgmental, divisive, emotive or leading words, e.g. “war on drugs” which is not so as this is a law enforcement action, and “mandatory” as there are 3 branches of government –Executive branch does not mandate/dictate upon the legislative branch which is an independent body;  opposing recommendations, e.g., on abortion which depends on culture/tradition of the State & right to life vs illegal drugs
   • There are 11,000 bills in Congress related to human rights (about 9,000 in the Lower House including Human Rights Defenders bill; and 2,000 in the Senate)
      
3. CHR
   • UPR is a peer review of States and treaty bodies
   • CHR supports the UPR to help in monitoring and implementation of Government-supported recommendations to improve the human rights situation in the country
   • An important part of the UPR cycle is the implementation after the interactive dialogue has been done.
   • Government and civil society should work hand in hand to realize the commitments of Government under the UPR
   • CHR shall continue to participate and promote international human rights mechanisms to help in the improvement of the human rights situation in the country through monitoring and implementation of the UPR recommendations
   • CHR will work together with civil society in developing indicators/tools in monitoring the implementation of the Government-supported recommendations (charter-based or treaty-based)
   • CHR shall serve as bridge between Government and civil society in the improvement of human rights situation in the country
   • The CBD on the UPR helped gain confidence for Government and civil society to work together to help the country
   • It provides 4 years for implementation of UPR recommendations
      
4. PAHRA
   • Expressed appreciation for the CBD on UPR, in particular the process and results
   • 54 CSOs/NGOs submitted joint report to the UNHRC/UPR 4^th cycle (alternative or shadow report); there were many submissions during the 4^th cycle
   • Pushed for implementation of UPR recommendations through policy change and local legislation for institutionalization / sustainability
   • Acknowledged some conflicts with State representatives/parties on reporting human rights situation in the country
   • Encouraged dialogue, partnership and participation between Government and civil society
   • Civil society will monitor compliance of Government obligations & commitments
   • Called for accountability and follow up on the implementation of Government-supported UPR recommendations
   • CSO joint report took note of the Government (national) report, compilation of treaty reports and information from stakeholders (documented cases submitted by members)
   • UPR review fosters unity, solidarity and inclusivity among stakeholders
      
5. Center for Population and Development Governance (CPDG)
   • Civil society should maximize UPR process to exercise its role in governance, voice out concerns to government
   • Promote UPR mechanism
   • Implementation of Government-supported recommendations informs the community & local governments
   • Support to CHR’s development of monitoring tools
   • Supports pending bills on Comprehensive Anti-Discrimination and Human Rights Defenders
   • Cooperate in monitoring of Government compliance to human rights
      
6. iDefend
   • PHRC should have develop a comprehensive Philippine Human Rights Action Plan in cooperation with civil society
   • PHRC should hold an orientation session to legislators on UPR for better policy environment, e.g., public health approach to illegal drugs
      
7. ALG
   • Continuous monitoring (e.g., getting data) and implementation of Government-supported recommendations

Open Forum

• UPR is a summary of 8 core human rights treaties
• UPR is an overall assessment of human rights situation in the country from government, CHR and civil society in pursuit of accountability and ending impunity
• Submissions are accepted within 4-year period of implementation
• Some recommendations from previous UPR are already being implemented by government
• CHR will launch consultations on the national human rights action plan this year including island-wide consultations