Education International Barometer of Human & Trade Union Rights in Education
Philippines
Republic of the Philippines
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  Pre-primary Primary Secondary Tertiary Spending % of
Philippines Total %F %P GER NER Total %F %P GER NER PTR Completion
% Total
Completion
% F
Total %F %P GER NER PTR Total %F %P GER GDP Public
Spending
2009
2008 1002223 49.44 591445 48.64 38.68 13411286 48.47 12318505 110.09 91.69 6509273 51.12 5176427 82 60.71 2651466 54.45 28.69 2.81 16.95
2007 961397 49.54 561207 46.81 37.22 13145210 48.5 12096656 108.23 90.44 33.67 6365985 51.39 5075193 81 59.91 35.13 2.69 15.88
2006 911898 49.45 524075 44.52 35.41 13006648 48.53 11990686 107.51 89.77 34.59 6301582 51.65 5016547 81.4 59.14 37.27 2483988 54.47 27.83 2.64 16.66
2005 808216 49.73 39.56 31.45 13083744 48.61 12087370 108.69 90.82 35.07 6352482 51.73 5088444 83.1 59.01 37.87 2402649 54.2 27.43 2.53 15.18
2004 783031 49.85 45.3 39.94 13017973 48.54 7.26 112.36 93.96 34.53 51.56 19.72 85.86 61.09 37.54 2420997 55.17 65.74 28.8
2003 756235 49.81 45.88 38.52 31.09 12970635 48.58 7.05 112.54 93.81 34.93 72.16 77.28 51.48 20.45 83.94 59.24 37.09 2427211 55.26 66.39 29.4 3.22 17.22
2002 647532 50.05 46 32.99 26.63 12826218 48.67 7.09 112.08 93 35.39 73.39 78.5 51.45 21.52 81.83 56.45 38.33 2467267 55.57 67.19 30.43 3.18 17.79
2001 592289 50.01 47.89 30.26 24.05 12759918 48.91 7.27 112.53 92.67 35.21 75.25 79.85 51.33 22.67 77.1 52.5 36.39 2432002 68.69 30.53 3.2 14.03
2000 592787 50.11 47.89 30.44 24.2 3.49 13.95
1999 593284 50.21 47.14 30.7 24.41 12502524 48.91 7.52 113.08 92.28 34.69 51.28 26.34 75.84 50.79 34.07 2208635 54.94 73.06 28.68
Last updated: 08 September 2012

Introduction

Its official name is the Republic of the Philippines. It is an island country formed by an archipelago of 7,107 islands in South-East Asia. It is a democratic multiparty republic with a bicameral parliament.

Elections were held in May 2010 which were won by Benigno Aquino III (Liberal Party), son of the late President Corazon Aquino and opposition Senator Benigno Aquino, who was assassinated in 1983 at Manila airport while returning from exile in the United States to challenge the then dictator Ferdinando Marcos . The President elect, unlike his rivals, lacked a solid electoral structure but had the support of a religious movement called the Church of Christ, which brings together independent churches that are aiming for a return to religion as described in the Old Testament.

Problems with the operation of the machines for the electronic vote and violence during the election campaign in which over 30 people were killed were a cause of concern for those who hoped that these elections would be a landmark in the still fragile democracy of the Philippines. Previously, as votes were counted manually, the delay in announcing the results aroused suspicions of fraud. The first results in these elections were available just hours after the polling booths were closed and B. Aquino obtained 42.08% of the votes.

The parliamentary elections were held at the same time as the presidential elections. The country is still affected by an armed conflict between the State and groups demanding an independent Muslim State in the south of the island of Mindanao. This conflict continually interrupted the voting process, with violence before and during the elections, including attacks on the polling stations. The count was suspended in some districts where the electoral staff members were taken hostage and their lives threatened. With a turnout of over 73%, the Liberal Party of President Aquino III obtained a majority of seats in the House of Representatives. The new members of the Congress include the outgoing President Gloria Macapagal-Arroyo in the Lower House and the former First Lady Imelda Marcos, widow of Dictator Ferdinando Marcos, in the Senate. Sixty-two women occupy one of the 280 seats in the House of Representatives (22.1%) and in the Senate there are three women (13%) out of the total of 23 seats available.

The law established the independence of the judiciary, but reports mention inefficiency and corruption as being problems. The lack of effective judicial action in cases of forced disappearances during the Marcos dictatorship created a climate of impunity and weakened citizens' trust in the courts. Torture is illegal, but members of the security forces and the police have been accused repeatedly of ill-treating and occasionally torturing detainees.

Almost a half of the population of the Philippines survive on incomes equivalent to less than two USD a day, and a quarter of the population of the archipelago have less than 1.25 USD a day. Some 7,500,000 Filipinos, most of them women, live outside the country.

In 2009, over a million people, half of them children, were displaced due to natural disasters and armed conflicts. These people urgently need access to appropriate health and education services, nutrition, drinking water and sanitation, as well as integrated child protection systems. UNICEF is developing programmes alongside governmental bodies and civil society organisations to re-establish access to education for some 50,000 children who have been repatriated or affected by disasters.

There has been no end to the violent clashes between government forces and the groups of insurgents. The Abu Sayyaf group is accused of abduction, torture and political assassinations. In the larger cities, vigilante groups are active, persecuting and ill-treating community activists and members of left-wing political parties. The law establishes access to information, but information is not always obtained when requested. Journalists are subject to harassment, intimidation and even murder because of their work. The law formally protects freedom of expression and freedom of the press and the media express diverse opinions. The Philippines is a point of origin, transit and destination for victims of human trafficking. The internal trafficking of human beings is also a problem. Children and adults are taken by traffickers from the poorest rural areas to the main urban centres. Around 100,000 children are sexually exploited. An ILO programme indicates that it has rescued over 6,000 children from the worst forms of child labour. Some customs, immigration and police officers are accused of accepting bribes to allow human trafficking.

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?Education Rights

Primary and secondary education is free and compulsory up to the age of 11. According to the UNDP the current average number of years in education is 8.7, whilst the expected number is 11.5. Investment in education is 2.6% of GDP. The enrolment rate is 79.6%

At State-run schools, religious education is provided with the written consent of the parents. There are no additional funds for religious education. The religious rights of pupils are respected; Muslim girls can wear head coverings (hijab) and are not required to wear shorts during physical education classes. Study grants have been provided for some former Muslim separatists who could not afford university education, with the hope that education will contribute to peace. Some 100,000 pupils attend over 2,000 madrassas (Koranic schools). A curriculum has been developed and is being implemented to incorporate madrassas into the national education system. Madrassas have started to teach mathematics, science, English and Filipino as well as religious subjects. State-run primary schools with at least 25 Muslim pupils will begin to give classes in Arabic and Islamic values.

The 2010 report by the UN Secretary General's Special Representative for children and armed conflict indicates that the information collected on serious violations committed against children can only be regarded as indicative since the Working Group dealing with the country is still running up against tremendous obstacles in trying to observe violations of child rights. The United Nations missions are extremely restricted over a considerable part of south-west Mindanao due to confrontations between groups of insurgents and government forces, a problem which is exacerbated by the tangible threat of abduction. This complicates activities to verify, observe and respond to serious violations of child rights, especially in restricted areas of the provinces of Zamboanga, Sulu and Basilan in Mindanao. During the period covered by the report, information was received constantly on the recruitment of children by the Moro Islamic Liberation Front (MILF) and the New People's Army (NPA). Between January and December 2009, the Working Group checked 10 incidents of attacks on schools and hospitals resulting in several children being injured. All these incidents were due to continuous clashes between the military and armed groups.

At the same time, reports of school teachers being abducted in the provinces of Zamboanga and Sulu by members of Abu Sayyaf struck fear into the civilian population and disrupted school activities in the zones of armed conflict.

In its conclusions, the UN Working Group states that it "strongly condemns all violations and abuses committed against children by all parties to the conflict in contravention of applicable international law involving the recruitment and use of children, killing and maiming, rape and other sexual violence, abductions, attacks against schools or hospitals and denial of humanitarian access."

At present there is no world observatory on aggressions against education. However, there is an increasingly important international monitoring and reporting mechanism (MRM), created through Resolution 1612 of the Security Council on serious violations of child rights in situations of armed conflict. Attacks on schools are one of the six violations monitored under this Resolution.
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?Early Childhood
Education (ECE)

A one-year programme begins at the age of five. At this level, 46% of education is private. The net enrolment rate (NER) is 31%. There are 27,731 ECE teachers (96% women). The pupil/teacher ratio (PTR) is 32:1.

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?Primary Education

Education is compulsory between the ages of 6 and 12. Primary education begins at the age of six and lasts six years. At this level, 7% of education is private. The NER is 94% (49% girls). Of the students enrolling for the first grade, 73% reach the last grade of primary school. 2% of pupils repeat grades. There are 371,384 primary school teachers (89% women). The PTR is 35:1.

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?Secondary Education,
Vocational Education and Training

Secondary education begins at the age of 12 and lasts four years. At this level, 20% of education is private. The NER is 59%. 2% of pupils repeat grades. There are 163,646 secondary teachers, 132,233 (77% women) in lower secondary and 31,413 (77% women) in upper secondary. The PTR is 37:1 in lower secondary and 37:1 in upper secondary.

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?Tertiary/Higher Education

2,427,211 students (55% female) are studying in tertiary institutions, with a gross enrolment rate of 29%. At this level, 66% of education is private. 6,974 Filipino students are studying abroad, particularly in the US (3,467), the UK (777), Australia (674), Japan (526) and Germany (229).

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?Children with Special Needs

The law provides for the rehabilitation, self-development and self-reliance of disabled persons and their integration in society. However, the legislation in force to promote the integration of disabled persons is ineffective as funding is scarce. Most disabled persons live at home with their families. Support centres do not have sufficient resources and many schools have architectural barriers which make access difficult for disabled persons. A lack of transportation for disabled persons is another problem for integration.

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?Refugee Children

The country is a party to the 1951 UN Convention Relating to the Status of Refugees and its Protocol of 1967, but there is no legislation in force concerning the granting of asylum or refugee status. The government cooperates with the UNHCR in assisting refugees.

According to the reports, 143,487 persons have been displaced in central Mindanao due to the armed conflict.

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?Minorities and Indigenous Peoples

The Philippines is the most ethnically diverse country in Asia and also in the world.

Muslims make up the largest religious minority. They constitute 5% to 9% of the population and live above all in Mindanao and nearby islands. Muslims are poorly represented in civilian and military positions and there is a lack of proportional Muslim representation in government institutions. Poverty levels in Muslim areas are almost double the national average. Muslims report that it is difficult for them to rent housing or find employment if they use their real names or wear their traditional dress.

Indigenous people live primarily in the mountainous areas and in Mindanao. They constitute around 14% of the country's population and over 60% of the population of Mindanao.

Indigenous children suffer from a lack of education and other basic services. Approximately 70% of indigenous children do no go to school. Reports mention discrimination as one of the reasons for the low enrolment rate. The shortage of schools is also a concern. The rights of indigenous peoples are ignored in the Philippines, in spite of the fact that they are recognised in the Constitution, the national legislation and the United Nations Declaration on the Rights of Indigenous Peoples. The Philippines has not yet ratified ILO Convention 169, which is the only binding international legislation protecting these rights.

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?Academic Freedom

The right of academic freedom is included in the higher education legislation in the Philippines. The handbook of the University of the Philippines, however, limits the rights of academic freedom by endorsing "behaviour in a manner that should not interfere with his duties as a member of the faculty or negative to his loyalty to the school, college or university that employs him."

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?Gender Equality

Although men and women are formally equal before the law, women still suffer discrimination in employment despite the fact that more women than men complete secondary and higher education. The rate of unemployment for women is higher than for men. Sexual harassment in the workplace is said to be widespread and under-reported, which is often due to the stigma and fear of losing one's job. Violence against women remains a serious and under-reported problem.

Prostitution is illegal but is widespread. Sex tourism and trafficking of persons for the purpose of sexual exploitation and forced labour are serious problems.

Divorce is not provided for in law. The courts recognise the legality of divorce in other countries if one of the parties is a foreign national. Religious annulment is recognised, but the cost makes it beyond the reach of many women.

Voluntary termination of pregnancy (VTOP) is illegal and access to family planning is limited, which leads to abusive practices and physical harm (sometimes irreversible or causing the death of the woman) by those carrying out VTOP without the necessary guarantees of professional medical care. The lack of assistance on the part of the authorities, the shortage of information on sexual and reproductive rights and the influence of religious beliefs all contribute towards an unwanted pregnancy sometimes turning into a real drama.

According to UNICEF, Mindanao has consolidated its position in recent years as a centre for trafficking of women and girls due to the armed conflict between the Filipino army and the Muslim separatist rebels, which has added political instability to the extreme poverty of the region. The mafias stop the women and girls in the street, promise them a job abroad and assure them that with the wage they receive they will be able to pay for their studies and send money home to their families. In May 2010, UNICEF estimated the number of trafficked women at between 300,000 and 400,000 and the number of trafficked minors at 60,000-100,000. Due to the armed conflict, women give birth in crowded camps for displaced persons and mothers have to bring up their children on their own in the camps or villages whilst the men try to earn a living elsewhere; young girls are sent to places nearby to work as domestic servants to help towards the family's survival.

In a positive move, in March 2010 the Filipino government decided to apply a Resolution by the UN Security Council whose objective is to guarantee the protection of women's rights in armed conflict and post-conflict situations and to step up its role in the prevention and resolution of conflicts. Resolution 1325 passed by the United Nations in October 2000. The Philippines is the first Asian country to have established a National Action Plan to put the Resolution into practice.

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?Child Labour

The minimum legal age to start work in domestic service is 15. ILO studies show that 2.4 million children are exposed to hazardous working environments. Reports indicate that many of them are abandoned. Forced labour is illegal, but reports indicate that minors are forced to work in prostitution, drug dealing and the informal sector. A report by the Centre for Integrative and Development Studies of the University of the Philippines highlights child pornography as a serious problem in the country. Children have been recruited as combatants and it is estimated that there are over 2,000 child soldiers in the country. An ILO programme has demobilised and reintegrated 300 children. The Council for the Welfare of Children estimates that children account for 13% to 18% of armed rebel combatants. Some Islamic schools in Mindanao are accused of being fronts for the indoctrination of children who are recruited for armed conflict.

According to UNICEF reports, in 2010 some four million children aged between 5 and 17 were working, in both urban and rural areas. Many of those working as itinerant street vendors or living by scavenging through rubbish or begging cannot receive any schooling. Street children frequently run serious risks, can be recruited for crime, and become addicted to drugs or end up in prison. Girls begin working in domestic service at a very early age and due to the frequently invisible nature of their work it is estimated that the statistics show only a minimal part of the number of children involved in this sector.

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?Trade Union Rights

Workers have the right to join and form trade unions, except for members of the military and the police forces. The 139 federations comprise some 24,000 private sector unions representing 4.6% of the workforce. 272,000 public servants are members of 1,400 public sector unions.

However, trade union activities continue to be hindered by excessive legal restrictions, particularly with regard to the right to strike. The conditions laid down for obtaining recognition as a trade union are too strict and in addition it is necessary to provide the names of all the members whom the union wishes to represent. Other restrictions on trade union activities include the requirement for union leaders to be employed in the same company as the workers that they represent, and any foreign assistance is subject to prior permission from the Minister of Labour.

In 2009 the situation deteriorated further; there were 120 violations of human rights relating to civil and political rights, affecting some 1,500 workers, out of a total of 270 cases recorded in the field of human rights. Unions ran up against widespread impunity in connection with continuous attacks and the lack of any political will on the part of the Arroyo Administration to provide effective legal protection for the rights of Filipino workers. The International Federation of Journalists (IFJ) demanded that a full investigation be carried out and legal actions be brought against those responsible for the biggest slaughter of journalists in recent history, in which 30 journalists were killed when a political convoy of 57 people was ambushed and savagely attacked by armed men in the province of Maguinadao in the south of the Philippines.

The Human Security Act regards as acts of terrorism a wide range of crimes committed with a view to "sowing and creating fear and panic among the populace, in order to coerce the government to give in to an unlawful demand." Obligatory sentences of up to 40 years in prison have been established without the benefit of parole for crimes of terrorism or conspiracy to commit acts of terrorism. Similarly, major sanctions are laid down for less serious crimes. Human rights organisations and trade unionists have expressed their great concern at the possibility of this broad formulation of the law lending itself to abuse by the local police and the judicial authorities. Detention is authorised without an arrest warrant and indefinite detention is possible if the authorities consider that it is a question of a "real or imminent terrorist attack."

On 1st October 2009, the ILO asked the Philippines to investigate the serious accusations of assassination and abduction of trade union leaders. It also urged the government to educate police officers and soldiers on the rights of workers to form a union and on respect for civil liberties. During a high-level ILO mission in the Philippines to investigate the allegations of murder and abduction of trade unionists, further assassination were reported, along with disappearances: three trade union delegates were held up at gunpoint for unknown murders and were killed; another died after being interrogated by the State Security Forces whilst three more trade union members were abducted and a former trade union leader was arrested, accused of murder. Army personnel also harassed and intimidated striking workers.

According to the Trade Union Congress of the Philippines , 109 workers died and 87 were injured in 58 serious accidents at the workplace in 2010. Between January and April 2011, 29 deaths were reported and 13 workers were seriously injured.

The estimated daily wage of non-agricultural workers is 5.90 USD. This amount does not allow a worker and their family a decent standard of living. Generally, the minimum wage regulations are not complied with. The working week is around 48 hours for workers in industry and 40 hours for government employees.

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Footnotes

State of the World Population 2010. "From Conflict and Crisis to Renewal: Generations of Change" UNFPA, November 2010, www.unfpa.org (English)

Ferdinando E. Marcos ruled the Philippines with an iron fist from 1965 to 1986. Transparency International has calculated that the Marcos clan illegally amassed a fortune of between 5,000 and 10,000 million dollars during their years in power.

Women in National Parliaments, World Classification, March 2011, Inter-Parliamentary Union-IPU, www.ipu.org

Human Development Report 2010, "The Real Wealth of Nations: Pathways to Human Development", Twentieth Anniversary Edition, United Nations Development Programme - UNDP, New York, www.undp.org

"Conclusions on children and armed conflict in the Philippines, Working Group on Children and Armed Conflict", Meeting on 12 November 2010, http://daccess-dds-ny.un.org

UN, April 2010, www.un.org

Amnesty International, March 2010, www.amnesty.org

Annual Survey of Violations of Trade Union Rights 2010, International Trade Union Confederation, www.ituc-csi.org

www.tucp.org.ph

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Country/Territory name Republic of the Philippines
Population 93600000 (2010)
ILO Conventions ILO 29 (2005)
ILO 87 (1953)
ILO 98 (1953)
ILO 100 (1953)
ILO 105 (1960)
ILO 111 (1960)
ILO 138 (1998)
ILO 182 (2000)
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