A/HRC/44/22 I. Introduction 1. The present report, submitted to the Human Rights Council pursuant to its resolution 41/2, presents an overview of the current human rights situation in the Philippines, guided by concerns highlighted in that resolution. 2. In the report, critical, ongoing issues are considered, particularly where there are indications of long-standing, systematic causes underpinning those issues. In establishing trends and patterns, data since 2015 are examined, where possible, and relevant developments prior to that are also taken into account. 3. The report is based on information collected and analysed by the Office of the United Nations High Commissioner for Human Rights (OHCHR), including following a public call for submissions. By 31 January 2020, OHCHR had received 893 written submissions, including joint submissions. These included 793 individually signed templatebased letters. The Government of the Philippines provided substantial written input, including in response to two lists of questions. OHCHR also analysed official data and documents from governmental and non-governmental sources, including legislation, policy guidelines, court documents, police reports, videos, photos and open source reports, all used to corroborate information, along with interviews with victims and witnesses, held both remotely and in person. All sources were guaranteed confidentiality and are not named unless they provided specific consent. 4. OHCHR had several exchanges with representatives of the Government, including detailed discussions on 13 and 14 February 2020 in Bangkok. OHCHR thanks the Government for its openness to dialogue. OHCHR did not receive permission from the Government to visit the Philippines. II. Context 5. Following over three centuries of colonial rule, the Philippines achieved independence in 1946. The subsequent presidency of Ferdinand Marcos and the imposition of martial law in 1972 were marked by serious human rights violations. Two internal armed conflicts emerged in the late 1960s – one in the Muslim-majority areas of the south, and another involving the New People’s Army (NPA) of the Communist Party of the Philippines in various parts of the country. 6. In 1986, the People Power Revolution toppled the Marcos administration and martial law was lifted. The Constitution of 1987 included a Bill of Rights that emphasized social justice and human rights, and established the country’s independent Commission on Human Rights. Other institutions, including commissions on women and youth, and human rights offices within the Armed Forces of the Philippines and the Philippine National Police, as well as the Presidential Human Rights Committee, are also present. In 2012, Administrative Order No. 35 established an inter-agency committee on extralegal killings, enforced disappearances, torture and other grave violations, involving political, environmental, agrarian and labour activists, and media practitioners. Its effectiveness remains limited due to a perceived lack of independence, transparency and powers.1 Also, it does not cover drug-related killings. The Presidential Task Force on Media Security was established in 2016 to investigate and prevent violent attacks against journalists. The Philippines has ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and is taking steps to establish a national preventive mechanism. 7. The Indigenous Peoples’ Rights Act of 1997 enshrined legal safeguards for indigenous peoples’ rights, addressing long-standing issues relating to self-governance and land ownership. Effective implementation of this progressive legislation, however, remains 1 2 See, for example, https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilomanila/documents/publication/wcms_713337.pdf.