Филиппиндегі адам құқықтары және еңбек кодексі

Human rights in the Philippines

Human rights in the Philippines are protected by the Constitution of the Philippines, to make sure that people in the Philippines are able to live peacefully and with dignity, safe from the abuse of any individuals or institutions, including the state. The concept and practice of human rights within the Philippines is defined by Article III of the Philippine Constitution, as well as the United Nations' International Bill of Human Rights, to which the Philippines is a signatory. Human rights are a justified set of claims that set moral standards to members of the human race, not exclusive to a specific community or citizenship. Membership in the human race is the sole qualification to obtain these rights. police and other security forces.

The Labor Code of the Philippines is the legal code governing employment practices and labor relations in the Philippines. The Labor Code stipulates standards in terms of wages and monetary benefits, hours of work, leave, rest days, holiday pays, and benefits, among others. The Labor Code sets the rules for hiring and firing of private employees; the conditions of work including maximum work hours and overtime; employee benefits such as holiday pay, thirteenth month pay and retirement pay; and the guidelines in the organization and membership in labor unions as well as in collective bargaining. The prevailing labor code allows the typical working hour to be 8 hours a day, i. e. 48 hours a week with the provision that at least a day should be allowed to the workers as weekly off. The right to self organization of a union is recognized, as is the right of a union to strike and to insist on a closed shop.

There are international advocacy groups that aim to promote the causes of environmental and human rights defenders in Mindanao, Philippines. Activism carried out by transnational organizations, which may be described as ‘participatory’, may solicit engagement from local actors, stakeholders, and poor members of communities and include them all in policymaking decisions. Regarding the Lumad, human rights defenders wish to bring attention to Indigenous social issues. According to Duraippah et al., ideal participation is reached when the principles of transparency and empowerment—through the education of transnational actors through local actors —emphasize the needs of Indigenous peoples. Power in this case is an umbrella term since social power is the real desire in order to pursue true control over livelihoods and the rules that govern them. as of 1998, social power was not in the hands of Indigenous peoples, therefore, online organizing serves to arm individuals in their community organizing network with education to balance with the inherent power conflict. Lumad peoples rely on the natural resources on their ancestral lands for their livelihoods; they are therefore deprived of means to support themselves and their families when they are displaced or forced to evacuate. Fundraising by advocacy groups serve to support Lumad communities and their highest form of protest.

The Commission on Human Rights (CHR) is an independent office created by Section 18, Article XIII of the Philippine Constitution, with the primary function of investigating all forms of human rights violations involving civil and political rights in the Philippines. The commission is composed of a Chairperson and four members, majority of which must be lawyers under the constitution. The commission is empowered to investigate all forms of human rights violations involving civil and political rights, adopt rules of procedure and issue contempt citations, provide appropriate legal measures for the protection of human rights of all criminals within the Philippines, and several other powers in relation to the protection of human rights.

The Department of Justice of the Philippine Government is its principal law agency. It derives its mandate primarily from the Administrative Code of 1987 (Executive Order No. 292). It carries out this mandate through the Department Proper and the Department's attached agencies under the direct control and supervision of the Secretary of Justice. The DOJ, through its offices and constituent/attached agencies, is also the government's legal counsel and representative in litigations and proceedings requiring the services of a Lawyer; implements the Philippines' laws on the admission and stay of aliens within its territory; and provides free legal services to indigent and other qualified citizens.

The Department of Labor and Employment (DOLE) concerns itself with the protection and welfare of Filipino workers both in the country as well as abroad, and responds accordingly to socio political and economic challenges that would affect the workers. DOLE is also mandated to create policies and programs as an arm of the Executive Branch in its field of concern. It has set up a number of offices and agencies: 16 regional offices, 83 field offices, 4 satellite offices, 28 overseas posts, 6 bureaus, 7 staff services, and 11 attached agencies. These subgroups are tasked to closely monitor and coordinate the implementation of policies and programs.

The National Commission on Indigenous Peoples (NCIP) was born through the merging of the Office for Northern Cultural Communities (ONCC), and the Office for Southern Cultural Communities (OSCC) in the year 1997 through RA 8371 or "Indigenous Peoples' Rights Act of 1997". It is a highly specialized commission with different projects for each region.

Reform of the Philippines' security organizations, particularly the Armed Forces of the Philippines and later the Philippine National Police, to align them with the principles of human rights and the rule of civilian law has been a government concern ever since the 1986 People Power Revolution deposed Ferdinand Marcos and restored the principle of civilian control of the military. Broad principles to this effect were embedded in the 1987 Constitution of the Philippines, and the various coup attempts of the years immediately following the People Power Revolution led to the recommendation of more systemic reforms, as recommended by the 1990 Davide Commission Report and later reiterated by the 2003 Feliciano Commission Report. red tagging, assaults on the media and other human rights issues have persisted through all the Philippine administrations after Marcos.

The International Labor Organization (ILO) is a tripartite organization that started working with the Philippines in 1994. Its vision is as follows:
"The main aims of the ILO are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work related issues." The ILO Manila office has been active since its founding, starting with the ratifying of the Workman's Compensation (Accidents) Convention 17 based on Act. No. 1874 to extend responsibility of employers for personal injuries and death suffered by employees at work.

Below are a number of the programs and projects by ILO Manila as of 2015. Decent Work Country Programme (DWCP) is ILO Manila's main project. It was made to support the country's Labor Employment Program (LEP). The two major priorities are decent jobs for a competitive Philippines, and improved labor market governance. To achieve this, the ILO will help strengthen the working capacity of the Philippines and apply international labor conventions to constantly update the LEP. The United Nations Development Assistance Framework has listed the DWCP as ILO Manila's top priority. Infrastructure for Rural Productivity Enhancement Sector (INFRES) Project (June 4, 2001 – December 31, 2006) was completed to improve their living conditions, poor people require access to employment and basic goods and services. The poor can improve their situation through national and local investment in infrastructure that provides jobs. ILO IPEC Project in support of the Philippine Time Bound Programme (September 2, 2002 – August 31, 2007) was the first and most significant contribution toward the elimination of the worst forms of child labour. It has been designed to leverage resources, and to link up with national and international programs for the benefit of Filipino boys and girls. Strategies and Tools Against Social Exclusion and Poverty (STEP) (January 1, 2003 – June 1, 2005) aimed to provide better quality of life to informal economy workers and their families through better access to health care. This is a donor project from the Government of Norway. Protecting Domestic Workers against Forced Labour and Trafficking (DOMWORK) (May 3, 2004 – December 31, 2006) was a program on the regulation and condition of Filipino domestic workers. It aimed to empower domestic workers on their rights as well as reduce the cases of abuse. "Through discussions on gender equality, the ILO noted that problems had deepened for the most vulnerable, including women in domestic work. Yet while the global economic downturn has contributed to aggravating their vulnerabilities, domestic workers are beginning to realize gains through changes in public attitude." Indigenous Peoples Development Programme (IPDP) to protect the rights of indigenous peoples. Tripartite Action for the Protection and Promotion of the Rights of Migrant Workers in the ASEAN Region (May 1, 2012 – March 31, 2016) is an ongoing ASEAN TRIANGLE project that aims to significantly reduce the exploitation of labour migrants in the region through increased legal and safe migration and improved labour protection. This is a donor project from the Government of Canada. Building the Capacity of the Philippines Labour Inspectorate (December 15, 2014 – December 14, 2017) is a collaborative project with DOLE to strengthen its Labour Law Compliance System (LLCS) by promoting a positive mindset towards work.

On September 21, 1972, then President Ferdinand Marcos declared Martial Law in the Philippines. Marcos gave the armed forces the power to prevent or suppress any act of insurrection or rebellion. A total of 398 disappearances, 1,388 extrajudicial killings, and 1,499 killed or wounded in massacres were recorded but not every victim was accounted for. The information released to the public was highly censored and prevented journalists from releasing any suspicious information about the administration. For the dictatorship, failure to abide would lead to arrest and eventual torture and execution. Lawyer and statesman Sen. Jose W. Diokno, the father of human rights, was one of those arrested. He would be released and later founded the Free Legal Assistance Group (FLAG), the largest group of lawyers to combat human rights abuses by the dictatorship, and it managed to deal with over 90 percent of human rights cases during martial law. The assassination of Senator Benigno "Ninoy" Aquino triggered the peaceful 1986 EDSA People Power Revolution, led by Aquino's wife, Corazon "Cory" Aquino. The peaceful revolution united the nation in a call against Marcos to uphold their human rights. It led to the abolition of Martial Law (de jure abolished in 1981), the exile of the Marcos family, as well as Cory Aquino's rise to the presidency and the current 1987 Constitution. This, in turn paved the way for the creation of the Presidential Committee on Human Rights, now the Commission on Human Rights which was founded by Atty. Diokno.

The Arroyo Administration was riddled by its several issues on several forms of violations against human rights. Most of these which include the increase in military power and presence, especially in Muslim Mindanao. She was the chair of the Misamis Oriental Farmers Organization and the coordinator of the party list group Bayan Muna. She was also an outspoken critic of the actions the Citizens' Armed Force Geographical Unit (CAFGU), and how they disrupt the relatively peaceful communities in Misamis Oriental. Philip Alston was a UN Rapporteur, who had Gandinao as a testimony to the extrajudicial killings, and other violations of human rights the military was practicing, whether it was the military is contested by the Military. The Death Squad, however, operate with no intention of hiding their identities, and in broad daylight. Davao Mayor Rodrigo Duterte has held office, aside from a brief stint as a congressman, since 1988. Rodrigo Duterte is known for his strict, anti criminal approach in governing Davao City. However, in the same report, Rodrigo Duterte has admitted that hundreds of unsolved murders were committed during his time as mayor, and that he takes "full responsibility" for the fact that the murders have remained unsolved. According to Human Rights Watch, almost 300 leftists activist, human rights workers, and people alleged to be supporters of the New People's Army were killed from 2010 to 2016. Information about disappearances and murders of reporters are kept from the public, making several agencies/organizations as well as whistleblowers at risk of exposure to harm. Some of the journalists killed in their line of work during the Aquino government were Gerry Ortega, Christopher Guarin, and Rubylita Garcia. The Aquino administration implemented reforms towards more effective criminal investigation procedures, in addition to passing laws to better uphold human rights. However, these reforms are underdeveloped. An example is the formation of the Inter Agency Committee on Extra Legal Killings, which encountered problems in identifying which case to pursue due to the process requirements.

On June 15, 2020, Maria Ressa, the founder and executive editor of the news website Rappler, and Reynaldo Santos Jr. researcher at Rappler were sentenced with a minimum of six months and one day and a maximum of six years’ imprisonment and fine of USD4,000 for moral damages and USD4000 for exemplary damages. They were the critics of President Rodrigo Duterte and reported on his “war of drugs” campaign that killed more than 12,000 Filipinos. Human Rights Watch found in an investigation that the police are falsifying the evidence to justify the illegal killing of civilians. On June 26, 2020, Philippines police arrested around 20 people at the LGBT pride event. They were protesting against an anti terrorism bill, which will eliminate legal protection and police can detain groups and individuals without any warrant under the label of terrorism. The arrest took place without any explanation from the police force. Human Rights Watch urged the authority to release those detained and allow them to exercise their fundamental right of protesting peacefully. On July 3, 2020, Amnesty International criticized the controversial Anti Terrorism Act, signed by President Rodrigo Duterte and said that the new law is the latest example of the country's ever worsening human rights record. On March 21, 2021, woman human rights defender Renalyn Tejero was arbitrarily arrested by officials of the Philippine National Police and the Philippine Army in Cagayan de Oro, Misamis Oriental. She was subsequently falsely accused and her request to call her family and lawyer was also denied. Prior to her arrest, Tejero had been a victim of red tagging, a stigmatization practice used by the authorities to target as "terrorists" or "communists" any individuals or groups perceived to be critical of the government.

With the vigilante killings becoming rampant, the Citizen's Council for Human Rights (CCHR) asked President Duterte to initiate measures to stop the surge of extrajudicial killings. The killing of Larry Que on December 20, 2016, was the first recorded media related killing under the administration of President Rodrigo Duterte. Shortly before becoming president Duterte said, "Just because you're a journalist you are not exempted from assassination, if you're a son of a bitch. Freedom of expression cannot help you if you have done something wrong." Recognizing the danger to journalists, the president established the Presidential Task Force on Violations of the Right to Life, Liberty and Security of the Members of the Media in October 2016. On August 21, 2020, the United Nations raised concerns with the Philippine government over the killing of peace consultant Randall "Randy" Echanis and human rights defender Zara Alvarez. The UN Human Rights Office described the situation as alarming since the two victims were previously tagged as terrorists because of their work, and called for transparent investigations. On August 24, 2020, Human Rights Watch revealed that employees of Karapatan, a human rights organization in Philippines had received death threats. The threats came a week after unidentified gunmen shot dead Zara Alvarez, a paralegal worker for the group, in Bacolod City in the central Philippines on August 17. Karapatan has been alleged to be a particular target of Philippine security forces and their agents. The International Criminal Court is investigating extrajudicial killings in the Philippines and looking into the alleged involvement of President Duterte. The Supreme Court of the Philippines has ruled that the country has an obligation to cooperate in proceedings conducted by the International Criminal Court.

President Bongbong Marcos promised to uphold human rights during his term. The Philippines stated in 2022 that it was committed to cooperate with United Nations human rights mechanisms. The United Nations noted the failure of law enforcement to address human rights violations and recommended that the Philippines review all killings in the government's drug war. Drug war killings, attacks on activists, harassment of media, and red tagging have continued. During the first year of Bongbong Marcos's term, there were 336 drug war killings, mostly during police operations,

House Bill No. 10576, also known as the Human Rights Defenders Protection Act, was passed by the Philippine House of Representatives in 2022. In the Senate, Senators Leila de Lima and Risa Hontiveros filed Senate Bill No. 179. The bill has been pending in the committee level since 2019. Human rights advocates from the Philippines and internationally have called on Philippine lawmakers to pass the measure to protect human rights workers in the country. United Nations Special Rapporteur on Human Rights Defenders Mary Lawlor supported the proposed law, citing the need to comply with global treaties and standards and expressing concern over the red tagging, judicial harassment, and killings of human rights workers in the country.

The Philippines, through the Commission of Human Rights, the Bangsamoro Human Rights Commission, and other human rights organizations, commemorates International Human Rights Day on December 10 every year. Philippine human rights groups and relatives of the disappeared observe the International Day of the Disappeared every year on August 30.