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A Collective Action Strategy Towards the Development of a National Food Framework Law in the Philippines
Edited by Aurea Miclat-Teves National Food Coalition 91 Madasalin Street, Sikatuna Village Diliman, Quezon City

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A Collective Action Strategy Towards the Development of a National Food Framework Law in the Philippines

PAGKAIN SAPAT DAPAT

Edited by Aurea Miclat-Teves

National Food Coalition 91 Madasalin Street, Sikatuna Village Diliman, Quezon City

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Published by the National Food Coalition 91 Madasalin Street, Sikatuna Village Diliman, Quezon City Tel. No (02) 351-75553 Fax. No. (02) 436-3593 Copyright of Pagkain Sapat Dapat @ 2013 NFC All rights reserved. No part of this book may be reproduced in any form or by any means without the written permission of the copyright owner and the publisher. ISBN Cover Artwork: Erick Palo and Mark Russel Palo Lay-out: Ramon T. Ayco, Sr. Set in Janson Text LT Std, pt. 12 Photos by: Peoples Development Institute & www.google.com Printed in the Philippines

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A Collective Action Strategy Towards the Development of a National Food Framework Law in the Philippines

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Table of Contents

Foreword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii I. Introduction: A Collective Action Strategy Towards the Development of a National Food Framework Law in the Philippines . . . . . . . . . . 1 by Aurea Miclat-Teves II. Declaration of the First National Conference on the Right to Adequate Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 III. National Food Coalition Membership Steering Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Member Organizations . . . . . . . . . . . . . . . . . . . . . . . 23 IV. Proceedings of the National Conference on the Right to Adequate Food: A Collective Action for Policy Reform . . . . . . . . . . . 29 V. Summary Review: An Assessment of the Philippine Legal Framework Governing the Right to Adequate Food . . . . . . . . . . . . . . . . . . . 185 by Maria Socorro Diokno VI. Assessment of the Philippine Social Protection Floor Policies . . . . . . . . . . . . . . . . . . . . . 263 by Bread for the World VII. Annexes . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 375 Annex I Compilation of news clippings of NFC Activities . . . . . . . . . . . . . . . . . . . . . . . . 377 Annex II Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests. . . . . . . . . . . . . . . 431

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Foreword

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Foreword

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Foreword:
nterest in participation by the rural poor for a collective action strategy towards the development of a National Food Framework law in the Philippines has been a growing concern. In fact, it is now moving to occupy centre stage in development debates. This book looks into the need for the Philippines to have a National Food Framework law and how this need gave birth to the National Food Coalition (NFC). The NFC believes in total human development grounded on the existence of adequate space for political and economic participation, respect for the environment, and protection of basic freedoms. This development is rooted in the historical and current context of Philippine society where the marginalized sectors have suffered from economic inequality, social injustice and environmental degradation. It recognizes the functional and differentiated roles of government, civil society and market institutions and the fundamental role of government to respect, protect and fulfill the right to adequate food and other human rights. The NFC envisions a cohesive and harmonious Philippine society. It is a human rights coalition that is the Philippines lead advocate for the right to adequate food. While the Philippines is a signatory to international conventions on human rights, there are no existing

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instruments to ensure that the state will fulfill the peoples right to adequate food. This book further discusses the summary review of the assessment of the Philippine Legal Framework governing the right to adequate food by Miss Maria Socorro Diokno including the assessment of the Philippine Social Protection Floor Policies conducted by Bread for the World. The work on the Right to Food in the Philippines is a collaboration of FIAN-Philippines, Peoples Development Institute (PDI), Alternative Forum for Research in Mindanao (AFRIM) and Philippine Human Rights Information Center (Philrights) with Bread for the World. In this regard, we are grateful to the contribution of Dr. Flavio Valente of FIAN International for his inspirational support and dedication in providing guidance to the NFC. Mr. Martin Remppis of Bread for the World who provided support and assistance in our endeavor. To the Steering Committee, headed by Aurea Miclat-Teves, together with Mr. Max de Mesa, Mr. Ricardo Reyes, Ms. Nymia Simbulan and Ms. Elvira Quintela. I would like to acknowledge the commitment and contribution of the resource speakers in the development of the papers and their objective recommendations for a collective action strategy towards a national food framework law. I would like to thank FIAN-Philippines and PDI personnel for helping in all the phases of the NFC work.

Foreword

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Finally, it is with gratitude that I would like to thank the NFC members for starting this movement towards a collective action strategy for policy reform. This book is dedicated to the NFC members for their undying service to the growth and development of the Filipino people.

Aurea Miclat-Teves Convenor National Food Coalition

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Introduction A Collective Action Strategy Towards the Development of a National Food Framework Law in the Philippines

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Introduction

Introduction:
A Collective Action Strategy towards the Development of a National Food Framework Law in the Philippines By Aurea Miclat-Teves1 n the human rights framework, the right to food stands as a basic right that makes the state accountable to the people with regard to ensuring their food and nutrition. As a matter of policy, the Philippine government must aim at ensuring the Right to Adequate Food (RTAF) of all Filipinos. In reality, Filipinos suffer from inadequate food primarily due to lack of access to land and other productive resources in the country. Many Filipinos are even displaced from their lands due to violent armed conflicts and landgrabbing. Large agricultural lands are also transformed for commercial or real estate purposes. The Need for a Legal Framework The Philippine Constitution does not explicitly recognize the right to adequate food and there also is no
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Aurea Miclat-Teves is the President of FIAN Philippines and former vice president of FIAN International. She is the founder and executive director of the Peoples Development Institute, an organization working on asset reform and rural development for peasants and indigenous communities. She is an expert on rural development work and has written extensively on the rights-based approach to governance, specifically asset reform.

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appropriate national legal framework governing the right to adequate food. The laws on food accessibility, availability and safety remain insufficient in practice. The national human rights commission has a limited mandate that is mainly concerned with civil and political rights. Because there is no national legal framework on the right to food, the food programs employed by the government remain inadequate as the government could neither comprehensively implement nor administer an integrated plan or program that will address the root cause of hunger because of the absence of an executing law on the right to adequate food. Hunger and extreme poverty are the most important challenges that our national leaders need to address by formulating a coherent legal framework on RTAF and by crafting a national food policy. National Food Coalition Various national social movements and nongovernment organizations have come together to push the Government to establish a coherent legal framework that recognizes and protects the right to food, including the development of a national food policy. Such policy against hunger will ensure the availability, accessibility and adequacy of food. From the development stage until its implementation, the legal framework on the right to adequate food shall

Introduction

have the full and active participation of relevant stakeholders, especially those most vulnerable to hunger. As part of this push, civil society organizations in the Philippines created the National Food Coalition (NFC) in the latter part of 2012. The NFC, led by FIANPhilippines, is composed of over 50 organizations. It was formed to address current shortcomings by State agencies in fighting hunger. The NFC brought together different actors as it tackled issues surrounding the current state of poverty and deprivation in relation to rural development, environmentally sustainable growth and redistributive justice. The NFC was born out of the need of all sectors in the Philippines to respond to the growing hunger and impoverishment in the country. Its goal is to challenge the government to integrate the various Philippine policies on RTAF into a national framework and to develop change strategies that will impact on economic growth and rural development. The NFC is the first coalition in the Philippines to bring together people from different sectors of society in developing a legal framework for the RTAF. There is a need to bring different types of organizations together because hunger can only be solved through a simultaneous, multi-sectoral approach, answering problems of employment, health, lack of access to land and other resources. The NFC, with the help of grassroots organizations, was able to identify the problems at the ground level.

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Conference on the right to adequate food The NFC held its first national conference last February 2013 entitled The Right to Adequate Food: A Collective Action for Policy Reform.2 Representatives from different sectors participated in the conference, including: human rights activists, rural development advocates, pro-environmental groups, indigenous peoples, peasant leaders, urban poor activists, and various representatives of national government agencies and the academe. The conference proclaimed the coalitions commitment to the basic and universal human right to food. The participants expressed their determination to claim this right for every citizen, especially children, in the Philippines, as well as the whole world.3 It called on the government to recognize the States obligation to secure the right to adequate food for its citizens. It urged the Philippine government to draft and approve a National Framework Law on the Right to Food in the Philippines and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which would then lead to the drafting and approval thereof.4 The NFC conference urged for the full and active participation of all actors concerned, including those most vulnerable to hunger, in the crafting of the National Food Framework Law.
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Se e D ec l ar a tio n at h ttp : //www. f ia n.or g / f ile a dmin/ me dia / p u b l i c a t i o n s/2 0 1 3 . 0 3 _ NF C _ P h ilip p in e s _De c la r a tion.pdf Declaration of the First National Conference on the Right to Adequate Food (27-28 Feb. 2013, Quezon City) Ibid.

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The conference participants approved what should be the main contents of the framework law as presented by Ms. Maria Socorro Diokno. The law should have: a) a clear Declaration of Policy; b) Specific targets or goals; c) Strategies or methods to achieve its targets or goals; d) Institutional Responsibility and Mechanisms; e) Avenues for Recourse; and g) a National Mechanism for Monitoring. The process of coming up with a national framework law entails the NFC to use two approaches. The first is building consensus and support for a framework law, and second is the adoption of the law. In both approaches, the NFC will consciously and conscientiously apply the PANTHER principles5, backed by a thorough analysis of the issue of hunger and poverty, using the human rights based approach. The NFC has also mounted a campaign around the right to food while adopting multiple strategies in raising public awareness and preparing activities that will generate mass participation. Raising awareness Coalition members have already employed collectiveaction strategies even before the formal establishment of the NFC. There was awareness-building and conscientization and information dissemination on the RTAF. Individuals and groups that have been conscientized on the basic human rights principles that applied to food later joined the NFC in realizing the right to adequate food.
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Participation, Autonomy, Non-discrimination, Transparency, Human dignity, Empowerment, Rule of law.

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Moved by the awareness campaign, more than 300 people representing the different sectors indigenous peoples, peasants, urban poor, members of the academe, individual advocates convened at the University of the Philippines to launch the NFC on October 15, 2012, the eve of World Food Day. The event was initiated with a march-demonstration by the participants calling for adequate food for all, a cultural program, poster-making competition on hunger, and the signing of an Open Letter to Philippine President Benigno Aquino III. The letter to the President contained the demands of the NFC to: 1) give central importance and support to farmers and their concerns; 2) promote organic rice production; 3) face and take action against damages caused by climate change; and 4) respect, protect and fulfill the rights of farmers and IPs. After its launch, the NFC became active in raising awareness on the right to adequate food. Its steering committee began translating into Filipino several key documents and education materials such as the Voluntary Guidelines on the Right to Adequate Food. The NFC also hosted local consultations around the country and conducted problem-focused group discussions on core RTAF issues and unified efforts to facilitate a progressive realization of RTAF. The results of these efforts can be seen in the publications of the NFC such as The Summary Review of the Philippine Legal Framework Governing the RTAF and Asserting the Human Right to Food: Local Initiatives to Access Land and Natural Resources for Sustainable Food Security in the Philippines.

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Key documents that have been translated include the Selected International Human Rights Instruments: Isinalin sa Pilipino. Also, there is now a compilation of the proceedings of the NFC conference. Aside from publications, the NFC also conducted four workshops for RTAF purposes in two of the three major islands of the Philippines Luzon and Mindanao. The results of the workshops were discussed thoroughly in the National Food Conference. The RTAF workshops were participated in by indigenous peoples, farmers and urban poor. These awareness workshops discussed the issues and problems, possible solutions and aspirations of the participants with regards to food. The purpose of these workshops is not only to inform vulnerable members of society, but also to validate the steps to be taken by the NFC in its fight against hunger. The participants have pointed out the different reasons for inadequate food such as lack of access to land and productive resources, unemployment, lack of unity among community or family members, and the problems that result from the non-consultative nature of the local government units in addressing the peoples need for livelihood or in the implementation of government projects. Aside from these common factors, violence and conflict in their community, theft or robbery of food and the wrong recipients of government programs are the other causes of the lack of access to food. The participants said that employment, access to land and resources, alternative livelihood, education for the people and transparency in the implementation

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of government projects will help them achieve their aspirations of a happy and healthy family and community with food always on their tables. Building public accountability During the conference, the NFC published a challenge to the national and local candidates in the countrys May 13 elections on how they, as leaders and legislators, once elected, can make food security a reality in the Philippines.6 Senatorial bets have reacted to the recent government survey on poverty and hunger incidence in the country.7 One senatorial aspirant said that the current administration can alleviate poverty by investing in education and working with economic sectors to address job mismatch. He said that the government should focus on creating jobs to sustain Filipino workers and not merely implement stop-gap measures.8 He also said being deprived of the opportunity to earn, particularly for those in the agriculture sector, the poor could not afford basic goods due to high prices.9
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Bets challenged to take on hunger problem by Jonathan Mayuga, published in Business Mirror, April 25, 2013 http://businessmirror.com. ph/index.php/news/nation/12613-bets-challenged-to-take-on-hungerproblem Poverty data doubted, but... by Aurea Calica, Rhodina Villanueva, Jose Rodel Clapano, Delon Porcalla, Marvin Sy, published in The Philippine Star, April 26, 2013: http://www.philstar.com/ headlines/2013/04/26/935043/poverty-data-doubted-... Ibid. Ibid.

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Introduction 11 A former senator seeking to return to the Senate said that social inequality grows more rampant as years progress.10 Another candidate said that making education accessible to all, plus job generation are keys to poverty alleviation.11 Population growth must be taken into consideration in poverty alleviation as the number of Filipinos drastically increased in recent years, one incumbent senator said. Health care services and conditional cash transfer programs should be further developed, he added.12 The responses of the candidates to the issue of hunger and poverty are both a recognition of the urgent need to address poverty and hunger and the timeliness of pushing for a National Food Framework Law in accordance with the right to adequate food in the new Philippine Congress. The responses also show the need for capacity building measures in promoting the RTAF not only for the Filipino public but also for government and elected officials who will be responsible for formulating a national food policy.

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Ibid. Ibid Ibid.

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Introduction 13

Deklarasyon ng Unang Pambansang Kumperensya sa Karapatan sa Sapat na Pagkain Declaration of the First National Conference on the Right to Adequate Food

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Deklarasyon ng Unang Pambansang Kumperensya

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DEKLARASYON NG UNANG PAMBANSANG KUMPERENSYA SA KARAPATAN SA SAPAT NA PAGKAIN


27-28 Pebrero 2013 Quezon City, Metro Manila (Declaration of the First National Conference on the Right to Adequate Food 27-28 February 2013 Quezon City, Metro Manila) alaya kaming nagtipon ngayon kaming galing sa hanay ng mga magbubukid, manggagawa, katutubo, komunidad sa lunsod, kababaihan at kabataan, kaming mula sa Bangsa Moro at Cordillera, kaming nabibilang sa ibat ibang propesyon at NGO upang itanghal ang BATAYAN AT UNIBERSAL NA KARAPATANG PANTAO SA SAPAT NA PAGKAIN, at pagtibayin ang aming determinasyong makamtam ang karapatang ito sa buhay ng bawat mamamayan at bata sa Pilipinas, gayundin sa buong mundo. (We gather here today peasants, workers, urban community residents, women and youth, from Bangsa Moro and Cordillera, from the professions and NGOs to proclaim our commitment to the BASIC AND UNIVERSAL HUMAN RIGHT TO FOOD, and express our determination to claim this right for every citizen and child in our country, the Philippines, as well as in the whole world.) Higit kailanman sa buhay ng ating bayan at bansa, ang karapatang ito sa sapat na pagkain at karapatang mabuhay ay dapat itaguyod at ipaglaban hanggang ganap na

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makamtan. Mga dambuhalang kapangyarihang global at pambansa , at mga galamay nila sa lokalidad, ang walang habas na kumakamkam ng ating lupain, katubigan, at puhunan mga pinagmumulan ng ating pagkain at ikabubuhay upang magkamal ng limpak-limpak na tubo at pribilehiyo, kahit na kumitil pa ng maraming buhay o alisan ng dignidad ang buhay ng nakararami, at kahit na masira pang lalo ang ating kapaligiran, at magpabilis sa paggunaw ang ating planeta. (At no other time in the history of our country has it become more imperative to fight for the right to adequate food and the right to life. Powerful global and national forces and their local minions have been relentlessly dispossessing us of our lands, rivers and lakes, capital and livelihood means to secure our food and sustain our lives to amass monstrous superprofits and privileges, no matter if lives are lost or deprived of dignity, or if the environment is further laid to waste, and our planet pushed further toward extinction.) Sa ilalim ng globalisasyong may tatlong sungay liberalisasyon, deregulasyon at pagsasapribado ng mga kabuhayan at larangang publiko ang bawat tagumpay na nakakamit ng pakikibaka ng mamamayan sa karapatan sa lupa at pangisdaan, sa pagtatanggol ng lupang ninuno, sa pagsusulong ng karapatan at benepisyo sa paggawa, sa pabahay, kalusugan at edukasyon, ang bawat abanse para sa pantay na karapatan ng kababaihan at pangangalaga sa mga bata mga karapatang kaugnay ng karapatan sa sapat na pagkain ay pwersahang binabawi hanggang mabalewa. (Under globalization with its triad of liberalization, deregulation and privatization, every gain our struggles

Deklarasyon ng Unang Pambansang Kumperensya 17 achieved in promoting land and fishery rights, defending ancestral domain, advancing the rights to work, housing, health and education, every step forward for equal rights to women and the care of our children rights that are directly connected to the right to adequate food are being cancelled out.) Sa kabila nito, ang gubyerno ng Pilipinas ay nananatiling lampa at mahina sa pagtataguyod ng karapatan sa sapat na pagkain at sa iba pang karapatang tao ng kanyang mamamayan. Sa halip na maninindigan, bumibigay siya sa presyur at dikta ng mga global na korporasyon at bangko at mga gubyernong nagpoprotekta ng mga interes na ito. (And yet, the Philippine government has proved to be a weakling in promoting the right to adequate food and other human rights of its citizens. Instead of standing up to the pressures and dictates of global corporations and banks and their protector governments, the Philippine government always buckles down.) Hindi tayo patatalo. Mula sa maliliit na tagumpay, susulong tayo sa mas malalaking tagumpay. Paulit-ulit nating idedeklara at igigiit, sa ibat ibang larangan, sa ibat ibang paraan na: (We shall overcome. From small victories, we shall move to bigger ones. Without fail, we will declare and assert in every field of struggle, in every way that:) Ang karapatan sa sapat na pagkain ay isang batayang karapatan ng tao, na nasa pusod ng karapatang mabuhay ng bawat tao. (The right to adequate food is a basic human right, which is at the core of the right of the human being to life.)

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Ang karapatan sa sapat na pagkain ay dugtungan ng karapatan sa lupa, tubig, trabaho, edukasyon, kalusugan at pabahay-- mga karapatan sa sapat at maayos na pamumuhay (The right to adequate food is closely intertwined with the right to land, water, work, education, health and housing the right to adequate standard of living ) Na para maisakatuparan ito, ang Estado ang may pangunahing obligasyon na irespeto, protektahan at isakatuparan ang mga karapatang pantaong ito (To realize this right, the State has the principal obligation to respect, protect and fulfill these human rights) Na sa paggampan ng Estado sa tungkulin nitong progresibo o hakbang-hakbang na isakatuparan ang mga ito, dapat nitong sundin ang PANTHER principles partisipasyon (participation), pananagutan (accountability), walang diskriminasyon ( non-discrimination ), pagiging bukas (transparency), pagsasakapangyarihan ( empowerment )at Pagpapairal sa Batas (Rule of Law). (For the State to perform these obligations in a progressive and step-by-step manner, it should follow the PANTHER principles participation, accountability, non- discrimination, transparency, empowerment and rule of law.) Kaalinsabay, ilalaban din namin ang mga pagbabago sa istruktura ng lipunan, ekonomiya at pulitika ng bansa. Ito ay magbabago ng relasyon ng kapangyarihan at magbibigay ng institusyunal na balangkas para sa progresibong realisasyon ng karapatan sa sapat na pagkain at kadugtong na karapatang tao.

Deklarasyon ng Unang Pambansang Kumperensya 19 (Meanwhile, we shall fight for structural changes in society, the economy and politics of the nation. This will change the power relations and will provide the institutional framework for the progressive realization of the right to adequate food and other human rights.) Tungo rito, ikakampanya natin para iratipika ng gubyerno ng Pilipinas ang Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Sasabayan natin ito ng pagsisikap na mabuo at mapagtibay ng gubyerno ang isang National Framework Law on the Right to Food. (To this end, we shall urge the government of the Philippines to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. This will be accompanied by efforts to push the government to craft and approve a National Framework Law on the Right to Food.) Mula sa kumperensyang ito, babalik tayo sa ating mga komunidad, sektor, organisasyon at institusyon para magpalaganap ng ating paninindigan at magparami. Mas marami, mas malakas, mas malapit sa tagumpay! (From this conference, we shall return to our communities, sectors, organizations and institutions to make known our position and to gather supporters. The more numerous we are, the stronger we shall be, and the closer we will be to victory!)

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National Food Coalition Membership

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NFC Membership 23 National Food Coalition Steering Committee: Convenor FIAN Philippines PDI Philrights AFRIM Aurea Teves Ricardo Reyes Max de Mesa Nymia Simbulan Elvira Quintela

NFC Member Organizations Member NGOs: Alyansa Tigil Mina (ATM) Central Visayas Farmers Development Center (FARDEC) Envi - Watchers and Movers Indigenous Peoples Apostolate (IPA) Integrative Medicine for Alternative Healthcare Systems (INAM) Philippines, Inc. Kasarian-Kalayaan (SARILAYA) Kayang-Kaya ni Misis (KKM) Kilusan para sa Pambansang Demokrasya (KPD) Pambansang Koalisyon ng Kababaihan sa Kanayunan (PKKK) Philippine Alliance of Human Rights Advocates (PAHRA) Rural Poor Institute for Land and Human Rights Services (RIGHTS) Unified Peoples Institute for Community Organization Building (UPICOB), Inc. United Youth of the Philippines -Women, Inc. (UnYphil) Pasig Libre

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Member POs:

Agraryang Reporma Samahang Kababaihan (ARSK) Barangay Anunas Farmers Association Borac Farmers Association Buklod ng Kaunlaran PMPC Bukluran ng mga Katutubo sa Luzon (BUKAL) Burac Womens Association (BWA) Casareal Multi-Purpose Cooperative Casareal Womens Organization (CWO) Doa Josefa Womens Association Kapatirang Kapitbahay ng Kaybanban KASAMAPA Federation Kaybanban Farmers Association (KFA) Kaybanban Women Association (KW) Lumad sa Mindanao Makakasibbul Tribal Association Manganese Womens Association Margot Farmers Multi-Purpose Cooperative Minanga Farmers Association Nagkakaisang Kababaihan ng Pasambot (NKP) Nagkakaisang Kababaihang Ayta ng Pinatubo Nagkakaisang Magsasaka ng Gitnang Luzon (NMGL) Nagkakaisang Samahang Magsasakang Kababaihan sa Zambales Nagkakaisang Samahan ng mga Katutubong Ayta sa Kinaragan (NASAKA-K) Nauzon Upland Peasant Peoples Organization Nauzon Womens Association Pagkakaisa ng mga Kababaihang Ayta ng Botolan Pagkakaisa ng mga Samahang Magsasaka ng Botolan Pagkakaisa ng mga Samahang Magsasakang Kababaihan ng Luzon (PASAMAKA-L)

NFC Membership 25 PASAMAKA-Ayala PASAMAKA-Sto. Rosario Pinag-isang Lakas ng mga Katutubong Ayta sa Matalangao at Ulingan (PILAKMU) Pintol Womens Association SA3KSIMA Sagana Mothers Club Samahang Magkakapitbahay ng Kaybanban (SAMABAKA), Inc. Samahan ng mga Nagkakaisang Batilyo (SNB) Samahang Bagong Silang ng Brgy. Buenavista Samahang Kababaihan ng Amungan Samahang Kababaihan ng Kabisig Samahang Kababaihan sa Marupo Samahang Kababaihan sa Payapat Samahang Kababaihan sa Turda Samahang Kabataan ng Kinaragan Samahang Katutubo ng Masikap Kababaihan Samahang Katutubo ng Poonbato (SKP) Samahang Maghahalaman ng San Juan Samahang Magsasaka at Mangingisda ng Kahawangan Baloganon (SAMMAKAB) Samahang Magsasaka ng Kaybanban Cooperative Samahang Magsasaka ng Sitio Marupo Samahang Magsasaka ng Togue Taltal Samahang Magsasaka ng Turda Samahan ng mga Katutubong Ayta sa Biaan Samahan ng Tagbanuang Kababaihan sa Sitio Maraliten San Isidro Womens Association San Joseph Womens Association SKA-Kinaragan Tri-People Federation Mindanao United Navotas Workers Association (UNAWA)

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NGOs

Affiliated organizations:

Asian Federation Against Involuntary Disappearance (AFAD) Centro Saka, Inc Coconut Industry Reform Movement, Inc. (COIR) Cordillera Womens Education Action Resource Center (CWEARC) ESCR-Asia Free Legal Assistance Group (FLAG) Freedom from Debt Coalition (FDC) Integrated Development Program for Indigenous Peoples (IDPIP) Kampanya para sa Makataong Pamumuhay (KAMP) Katinnulong Daguiti Umili ti Amianan (KADUAMI) Montaosa Research and Development Center, Inc. (MRDC) National Council of Churches in the Philippines (NCCP) Negros Center for People Empowerment and Rural Development (NCPERD) Negros Initiatives for Rural Development, Inc. (NIRD) Philippine Rural Reconstruction Movement (PRRM) Philippine Task Force of Indigenous Peoples Concerns (TFIP) Sibol ng Agham at Teknolohiya (SIBAT) Streetchildren Development Center (SDC) Sulong Carhrihl Visayas Mindanao Regional Office for Development (VIMROD) Woman Health Philippines POs Highlander Agrarian Reform Beneficiaries Multi-Purpose Cooperative (HARBEMCO) Katipunan ng Bagong Pilipina (KABAPA) Pambansang Kaisahan ng Magbubukid sa Pilipinas (PKMP) Pambansang Katipunan ng mga Samahan sa Kanayunan (PKSK) PARAGOS-Pilipinas Tribal Upland Farmers Association (TUFA)

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Proceedings of the National Conference on the Right to Adequate Food: A Collective Action for Policy Reform

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A. Pagkain Sapat Dapat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 B. Inputs 1. Sufficient Food for All. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 by Aurea Miclat-Teves 2. International Perspective: The Global Debates on RTAF and Social Protection and its International Obligations . . . . . . . 43 by Martin Remppis 3. The Rights Based Approach to Food Security and Nutrition: The Case of Brazil . . . . . . . . . . . . . . . . . . . . . . . . . 53 by Flavio Valiente 4. Learning From Practice: Determining Needs RTAF Situation in the Philippines . . . . . . . . . . . . . . . . . . . . . 67 by Aurea Miclat-Teves C. Panel Discussion I 1. Agrarian Reform and the Right to Food . . . . . . . . . . . . . . . . 79 by Ricardo Reyes 2. Right to Food, Food Security and Rice Sufficiency . . . . . . . 89 by Romeo Royandoyan 3. Gender and the Right to Adequate Food . . . . . . . . . . . . . . . 105 by Patricia Gonzales D. Panel Discussion II 1. Social Protection and the Right to Adequate Food . . . . . . 115 by Dr. Nymia Pimentel-Simbulan 2. Climate Change and Food Security . . . . . . . . . . . . . . . . . . . .123 by Dr. Laura David E. Panel Discussion III 1. T owards a National Food Framework Law for the Philippines . . .130 by Maria Socorro Diokno 2. Engaging Government to Implement RTAF: The Role of HRBA in Capacity Building . . . . . . . . . . . . . . . 137 by Max de Mesa F. Regional Reporting 1. Report on the Regional Workshops on RTAF . . . . . . . . . . . 156 by Elvira Quintela G. Workshop Results 1. Assessment of Vulnerable Groups . . . . . . . . . . . . . . . . . . . . . . . 162 2. Advocacy and Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165 3. Monitoring of State Performance on Different Levels . . . .167 4. Recourse Instruments/Complaint Redressal Mechanisms . . . 170 5. Naming and Shaming through Actions + Media . . . . . . . . . 175

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Proceedings of the National Conference on the Right to Adequate Food: A Collective Action for Policy Reform Organized by the National Food Coalition Sulo Riviera Hotel, Diliman, Quezon City February 27-28, 2013

ay One The National Conference on the Right to Adequate Food: A Collective Action for Policy Reform was formally opened with inter-faith prayers and offerings from leaders representing Islam, Christian and Indigenous Peoples. This was followed by the welcome remarks of Ms. Aurea G. Miclat-Teves, President of FoodFirst Information and Action Network-Philippines (FIAN-Philippines). The first day of the conference was facilitated by Dean Rosalinda Ofreneo of the University of the Philippines - College of Social Work and Community Development (UPCSWCD) during the morning session and Atty. Ricardo Sunga of Free Legal Assistance Group (FLAG) in the afternoon.

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Aurea Miclat-Teves

Welcome Remarks: In behalf of the National Food Coalition composed of more than 50 organizations and federations with more than 10,000 members, and the NFC Steering Committee represented by FIAN-Philippines, PDI, Philrights and AFRIM, I would like to welcome you to this historic opportunity for us to learn how to recast government policies to address our right to adequate food (RTAF). We would also like to invite you to become active participants and members of the NFC in our struggle to fight for our right to adequate food. I would like to welcome Dr. Flavio Valente and Ms. Yifang Tang of FIAN-IS and our friend from BFW-ED, Mr. Martin Remppis, whose commitment and dedication to RTAF cannot be measured. The National Food Coalition was born out of the need of all the sectors in Philippine society to respond to the growing hunger and impoverishment in the country. There have been scant discussions on policy reform on RTAF and the role of politics and power in explaining the vulnerability of the poor rural communities to hunger and

Proceedings of the National Conference 33 malnutrition. Discussions are left wanting because they fail to engage the strategic issue of RTAF and the reform agenda to define who holds the power and how the balance of political forces in rural areas can advance or retard significant change. The conference aims to address this serious deficit by restoring the emphasis on the power relations that increase the economic and political uncertainties and the multiple risks associated with unclear policies and unresolved property rights in rural areas, and how these in turn heightens the vulnerability of the rural poor to hunger and malnutrition, directly affected by environmental and climate change. The principal objective is to create a forum for assessing and learning from the collective actions of peasants and IPs at the ground level and the urban poor and other civil society groups at the urban centers, learn from the Brazil experience with regard to our struggle for the right to adequate food. Specifically, the conference would like to define the next step process for the national platform on RTAF, formulate an RTAF Campaign, learn from the experiences of other countries and present a summary report of what has been done by the coalition. The broader goal is to understand how the various Philippine policies on RTAF can be integrated into a national policy framework and to develop change strategies that will impact on the larger issues of economic growth for rural and urban development To show the glaring reality on the RTAF situation in the Philippines, please watch this video presentation. Video Presentation: Chicken ala Carte

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Proceedings of the National Conference 35 Input: SUFFICIENT FOOD FOR All By Aurea G. Miclat-Teves
Convenor, National Food Coalition President, FIAN Philippines President, Peoples Development Institute (PDI)

Our conference comes at a very opportune time. In three months, we will be electing our local executives and the members of Congress our representatives and senators. Many issues are being raised by candidates competing for our votes. Some say they deserve our support for championing reproductive health, some for freedom of information, others for wage increases and agrarian reform, and there are those who say they will end political dynasties, etc. etc. These are all well and good. But as our groups are concerned with the right to adequate food, we would like to know what these candidates have to say about food security and how they, as our leaders and legislators, once elected, can make this a reality in the Philippines in our lifetime. The Aquino administration is in the final half of its term and it is seeking our votes in the local and congressional elections to support its candidates that will back its programs until the president steps down in 2016. As it winds up its reform program, we need to make the administration aware of the urgency of crafting a national food policy before it bows out of

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office. The crucial element in any platform to improve the lives of Filipinos is assuring food security for the nation - or providing adequate food that is accessible to all, especially to the poor in the rural and urban areas. This challenge is especially directed to the candidates for congressmen and senators. They are the ones who will legislate a national food policy at the direction of the administration whose leadership in this regard must be clearly seen and felt. We must, therefore, determine which candidates have made themselves informed of the issues involved in regard to food security and are going to take the correct steps to address this problem and approach it from the right perspective. Hunger Haunts So what is the food situation? This is graphically described by the hunger incidence. The latest survey by the Social Weather Stations on hunger shows that the hunger rate has come down from 21 % in the third quarter of 2012 to 16.3 % in the fourth quarter. That means the number of families who have experienced involuntary hunger, or having had nothing to eat at least once in the past three months, went down from 4.3 million in the third quarter to 3.3 million in the fourth quarter. That translates to roughly 16.5 million individuals, based on an average family size of five. That is roughly the population of Holland and about three times the population of Singapore.

Proceedings of the National Conference 37 Looking further into the SWS reports from 1998 to 2012, however, we find that hunger has steadily risen nationwide. In 1998, the average incidence of hunger in the National Capital Region was 8.1%; it more than doubled to 22.9% in 2012. In the rest of Luzon, it increased from 9.9% to 17.8%; in the Visayas, it rose from 11.3% to14.6%; in Mindanao it was 14.5%, increasing to 26.3%. Over this period, moderate to severe hunger almost doubled to 19.9 % in 2012 from 11% in 1998. During these years, the official Philippine population figure rose from 60.7 million in 1990 to 76.51 million in 2000 to 92.34 million in 2010. As our population steadily expanded, so did the number of hungry Filipinos while undernourishment declined only slowly. Hunger has been haunting the nation under the various administrations since the ouster of Ferdinand Marcos - from Ramos six years, Estradas aborted term, Arroyos nearly 10 years in office, and half of Aquinos term. Is there hope that the 16th Congress can improve the situation? Food is Life Food, like air and water, is a basic human entitlement that no one can live without. It is a personal and a human right. To regard food more as a need than a right will subject it to the usual resource constraints that will make it compete with bureaucratic priorities, which, in the end, will make it undeliverable in timely

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and sufficient amounts. The right to adequate food is no less than the right to life. There are three important elements of the right to food. Food should be adequate, available and accessible. The state is primarily responsible for ensuring that its people have access to enough, nutritious, and safe food so that they can enjoy healthy and productive lives. Access entails providing physical facilities and the economic means to obtain food. In the human rights framework in which food is a basic right, the states duties and obligations make it a duty bearer, which implies accountability. The right to food implies three types of state obligations - the obligation to respect, protect and to fulfill. These were defined in General Comment 12 by the Committee on ESCR and endorsed by states when the FAO Council adopted the Right to Food Guidelines (Voluntary Guidelines) in November 2004. As a national policy, the Philippines should aim at ensuring food security, self-sufficiency and freedom from hunger for all Filipinos. The Legal Framework An assessment of the Philippine Legal framework, or PLF, and the available recourse mechanisms, national human rights institutions, law-making processes, and awareness of the right to adequate food indicate that it falls short of the imperatives for realizing the right to food. It does not sufficiently

Proceedings of the National Conference 39 incorporate human rights obligations arising from the right to food, including the states obligation of international cooperation. Various existing laws on food, food safety, availability, and accessibility are incoherent and not complementary and sometimes conflict with each other. Their analysis of the different policies related to food focused mainly on the three parameters availability, accessibility and safety. The 1987 Philippine Constitution does not explicitly recognize the right to adequate food but there is recognition inferred from several provisions and constitutional intent. Article II seeks improvement of the quality of life and social justice while Article III covers agrarian reform and rights of subsistence fishermen. National Food Policy Before any policy is crafted, the government must first recognize its own shortcomings. The Asia Pacific Policy Center study on the legal framework on the right to food of vulnerable sectors found the following: Government agencies are still largely unaware of their obligations in relation to the right to food. A national survey also found that awareness and perception among the public regarding their right to food varies by income class and educational attainment -- the higher the educational attainment, the higher the awareness of the right to food.

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The right to food is among the countrys lowest priority areas for national spending, while debt service payments account for one of the largest shares of the national budget. The existing food legal framework does not enhance physical access to food, especially for those most vulnerable to hunger, plus the laws on availability need to be harmonized. The food legal framework does not sufficiently address human rights obligations arising from the right to food and falls short of the Voluntary Guidelines to Support the Realization of the Right to Adequate Food in the Context of Food Security. Special laws and regulations for those most vulnerable to hunger or in special situations (i.e., children, the elderly, persons with disabilities and persons with HIV/AIDS) influence the hunger situation of these special groups. The laws governing food prices do not significantly mitigate hunger, while laws governing wages and employment are generally unfavorable to workers; other laws relating to income generating opportunities are generally flawed. The laws governing access to credit influence the hunger situation in limited ways since they do not actually enlarge access to credit. The food safety laws recognize the notion of safe food that meets dietary needs although

Proceedings of the National Conference 41 they may not directly contribute to alleviating hunger. In view of the findings, the National Food Coalition last year recommended taking three crucial steps to respond to these shortcomings: 1. Adopt a national food policy, with the full and active participation of all actors concerned, including those most vulnerable to hunger. 2. Use the national food policy to rationalize the legal framework governing food by synchronizing laws, addressing contradiction in policy objectives correcting flaws and ambiguities, repealing laws that obstruct the realization of the RTAF, aligning the budget to the national food policy, enhancing the mandates of the national human rights institutions and improving the process of law making. 3. Develop capacity with regard to the RTAF, and promote the rights-based approach to establish and implement the national policy governing the RTAF for all and to monitor the states HR accountability. Addressing hunger and extreme poverty is the most important policy challenge for our leaders. The members of the 16th Congress have their work cut out for them and the first order of business may be to formulate a coherent legal framework for the right to adequate food and to craft a National Food Policy.

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Proceedings of the National Conference 43 Input: INTERNATIONAL PERSPECTIVE: THE GLOBAL DEBATES ON RTAF AND SOCIAL PROTECTION AND ITS INTERNATIONAL OBLIGATIONS By Mr. Martin Remppis Bread for the World 1. Mr. Martin Remppis opened the discussion on his topic with the worldwide dimensions of hunger. Based on FAO-statistics, there are 868 million people suffering from chronic hunger in the world. Approximately, 25,000 die of hunger every day. With this approximated death figure are 16,000 children. Thus, there is a child dying of hunger every five seconds in the world.

Mr. Martin Remppis

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2. Based on various researches on the phenomenon of hunger in the world, it was found that: A) More rural poor suffer from hunger than urban poor. B) Women and girls are much more affected by hunger than men and boys. C) Social exclusion and discrimination of people is the main reason for hunger (Indigenous peoples, minorities, etc), and D) Those who have limited self-help capacities (elderly, people with disability, etc.) suffer hunger first. 3. Based on international laws, States have the obligation to progressively realize all economic, social and cultural rights. This progressive realization contains the different types or levels of state obligations to respect, protect and fulfill. Respect-bound obligation means that the State must not hinder ones access to food. Protect-bound obligation requires the State to act and prevent third party entities from hindering ones access to food, while its fulfill-bound obligation mandates the State to realize the right to food for everyone. 4. The obligation to fulfil can be disaggregated into three different obligations: a) The obligation to facilitate requires the state to take positive measures to assist individuals and communities to enjoy the right; b)The obligation to promote obliges the state to take steps to ensure that there is appropriate education and information concerning the right (this is, however, not mentioned in the General Comment No. 12 of the Right to Adequate Food); the obligation to provide requires the state to ensure the enjoyment of the right by the availability of food supply or the financial possibility to purchase food.

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5. On the recent debate on the Access to Resources in which right to food is primary, the Committee on Food Security (CFS) approved the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security in May 2012. This is a new tool for governments and civil society organizations to address land issues. A download is available under:
www.fao.org

In the same period, the International Labour Conference adopted ILO Recommendation Concerning National Floors of Social Protection. This is a new tool for governments and civil society organizations to address basic social security. The document can be downloaded under: www.ilo.org. NGOs that were involved in the drafting of the ILO-

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Recommendations formed the platform Coalition for Social Protection Floor (SPF Coalition). In October last year, the Committee on Food Security (CFS) endorsed the Policy Recommendations regarding Social Protection for Food Security and Nutrition (download under www.fao.org) At the same time, the UN Special Rapporteur on the Right to Food Olivier de Schutter and the UN Rapporteur on Extreme Poverty and Human Rights Magdalena Seplveda Carmona called for the creation of a Global Fund for Social Protection (GFSP). This call gained the support of the European Parliament. Open Forum: Dr. Ofreneo: Hunger is a rural phenomenon yet the trend in the Philippines is urban development. Thus, the Philippines is dealing more with the urban hunger phenomenon. What is your comment on this? The problems in the rural and urban areas are linked. Most of our perception, even with those in the international community is urban-biased. The studies leading to conclusion that hunger phenomenon is rural does not mean to neglect urban hunger. It is just to show that the percentage is higher in the rural than that in the urban areas.

Martin Remppis:

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The Department of Social Welfare and Development in the Philippines is using the National Household Targeting System in identifying people to serve especially those experiencing hunger. We are also using this tool to reduce hunger in the country. Our department will hold consultations on the result of the recent vulnerability survey using this system and I am inviting members of the civil society organizations to participate in these events. Destruction of the environment leads to severe hunger in the country. This is aggravated by mismanagement of our officials. Good governance and environmental effects must be factored in the discussion. Respect, Protect and Fulfill are the most important aspects of the Right to Adequate Food and should be the underlying principles of our targeting and monitoring systems. People should be involved in the development of our targeting and monitoring systems for them to own these systems and make them work. It is the socially excluded people that are often directly affected by destruction of the environment and climate change. I agree that governance is the crucial factor when we discuss the Right to Adequate Food.

Victoria Navida (DSWD):

Conchita Masin:

Martin Remppis:

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Can we cite governments international human rights obligations when we advocate for the Right to Adequate Food? What are some international mechanisms we can resort to? The Right to Adequate Food is not only an issue of sufficiency but also of quality of food. Where in the global debate can we see discussions on the production of geneticallymodified organisms (GMOs) since our government supports both organic and GMO productions? We are facing an immediate problem today regarding the Governments Land T enure Improvement Program under CARPER since there are still about 900,000-hectare balance and the program is due for termination. In our experience with land distribution, these 900,000 balance needs a 5-year period to implement. Is there a policy in your government that directly relates to our issue of land ownership. Yes, you can quote the governments international human rights obligations when you advocate for the Right to Adequate Food! The international human rights mechanism is regularly reporting to the Committee on Economic and Cultural Rights and also the Universal

Monina Geaga:

Loida Rivera:

Martin Remppis:

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Periodic Review (UPR), which includes the review of ESCR-Rights of which the Right to Adequate Food is part of. NGOs have the opportunity to hand in parallel reports to the governments report. The mentioned Voluntary Guidelines on Land rights can be used as a framework in our advocacy. Of course, their nature is voluntary. However, they refer to legally-binding documents that force governments to fulfill their obligations. It can be of great help in the struggle of the landless. Yes, you can quote the government. There is a big global debate on how we can feed the world in the future. BftW (Bread for the World) is convinced that GMO production, which means that farmers lose control over what and how they produce food, is not the right response to the question of feeding the world in the future.There is proof that GMOs contribute to a monopolized food production and to the loss of bio-diversity apart from the unknown health risks. We are convinced that we have to support a sustainable) which is an expertise of 400 scientists. You can get internetinformation about IAASTD under www.agassessment.org.

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Flavio Valente (standing right) discussing the case of Brazil.

Input: THE RIGHTS BASED APPROACH TO FOOD SECURITY AND NUTRITION: THE CASE OF BRAZIL By Flavio Luiz Schieck Valente MD, MPH FIAN International Secretary General Mr. Valente stated his presentation with a brief historical overview and comparison between Brazil and the Philippines. 1. During Brazils Colonial period (1500 1822) the situation was characterized by: Recourse mechanisms still largely insufficient Concentration of land and wealth in a small elite Extensive monoculture agriculture for export African slave labor and Social exclusion Industrialization not allowed 2. Between 1888 to 1898, Brazil abolished slavery. During this period, 75% of its population were

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African slaves or of slave descent; the concentration of wealth and resources remained with the landlords; and exclusion of now freemen/women worsened. 3. 1900-1964 marked the period of Brazils Industrialization and import replacement while the country was still characterized by: Concentration of land and wealth Extensive monoculture agriculture for export Social exclusion 4. The country was under military dictatorship from 1964 1985 which the elite dubbed as the Brazilian Miracle because of massive construction of infrastructure alongside development of agroindustrial models particularly on soybeans production. Land grabbing for agro-industrial purposes led to the eviction of 7 million small scale peasant families. 5. Redemocratization process began in late 70s and 80s. Reorganization of the union movement, the establishment of the Landless movement and broad mass mobilizations marked the period. There was a struggle for direct elections in 1984; Constitutional assembly in 1988; and the first direct elections for president took place in1989. This period marked also the glaring dispute between two models of development in Brazil -- the Rights-based framed development (constitution) and the Neo liberal development model which highlighted the issues of poverty, hunger, food and nutrition security. These have been actively responded to by citizens actions, social mobilization and the ascendancy

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of Lula to the presidency by popular votes, in 2002. Below is the graph showing the evolution of poverty in Brazil. 6. The government formally responded to hunger and poverty issues with the setting up of Consea in 19931994 through a national conference directing for a national food and nutritional security strategy. The neo liberal government, which governed from 1995 to 2002, extinguished CONSEA and a worsening of social conditions was observed, with continued inequalities. At the time of Lulas presidency (20032010), the Consea guided the countrys food and nutritional security policy in an attempt to implement the administrations target of Zero Hunger. A clear reduction of extreme poverty and inequality has been observed since then. 7. One third of Conseas members are government ministries with two-thirds coming from the civil society organizations. It is a CSO-led mechanism, as its president must be coming from civil society and the secretary from government ministry. The council is a rights-based mechanism with strong civil society participation. 8. The Zero Hunger strategy focused on three main components: a) the Access to Food, and b) strengthening of Family Agriculture, c) Income generation, and d)Social mobilizations, control and participation. Under Access to Food were components of access to income (Bolsa Familia), access to water (Cisterns), school meals (PNAE), distribution of vitamin A and iron, food for specific population groups, food and

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nutrition education, food and nutrition surveillance system (SISVAN), workers food program (PAT), local and regional food and nutrition security networks composed of community kitchens, fairs, urban agriculture and food banks. Under Strengthening of Family Agriculture component were: financing of family agriculture (PRONAF), agriculture insurance and harvest insurance, and food acquisition program (PAA). Under income generation component, were professional qualification, solidarity economy, social inclusion and microcredit. Under social mobilization and control, were the establishment of CONSEAs at state and municipal level, citizenship education and social mobilization. 9. Below is the regulatory Framework of the right to adequate food in Brazil. LOSAN in 2006 was a Rights based National Food and Nutritional Security Law. It has facilitated the convening of the CONSEA and set up a national system or the SISAN. LOSAN is ruled by the following principles (Article 8): a) Universal and equal access to adequate food without any form of discrimination; b) Preservation of the autonomy of and respect for the dignity of all; c) Social participation in the formulation, implementation, follow-up, monitoring and control of food and nutrition security policies and plans at all government levels; and d) Transparency in all programs, actions and public and private resources and in the criteria for allocation thereof.

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10. SISAN on the other hand is based on the following guidelines: 1. Promoting intersectoral governmental and nongovermental policies, programs and actions; 2. Ensuring the decentralization and collaborative coordination of actions within government; 3. Monitoring the food and nutrition situation, with the aim of contributing to the management cycle of policies for the area with different government bodies; 4. Combining the direct and immediate measures to ensure the right to adequate food through actions that improve the autonomous subsistence capacity of the population; 5. Coordinating budget and management; and, 6. Encouraging the development of research and the training of human resources. 11. On the governance of the right to adequate food system of Brazil: The National Food and Nutrition Security Conference approves the guidelines and priorities for the Food and Nutrition Security Policy and Plan. T wothirds of its composition is from the civil society and onethird from the government. In this conference, all 27 federative units or States are represented. The CONSEA is in charge of proposing guidelines and priorities for the deliberation of the conference and establishes the budget necessary for the Food and Nutrition Security Policy and Plan. T wo-thirds of CONSEAs membership (counselors) comes from civil society and one-third from the government. Based on the guidelines issued by CONSEA, CAISAN (inter-ministerial body)

prepares the Food and Nutrition Security Policy and Plan. It is in-charge of establishing guidelines, targets, funding sources, follow ups, monitoring and evaluation tools. Below is the structure of the CONSEA.

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12. Legal instruments to ensure the right to food in Brazil: LOSAN or the framework law on food and nutrition security establishes the charter of principles for the right to adequate food. It issues guidelines for State actions. It establishes the National Food and Nutrition Security System or SISAN. The PNSAN or the National Food and Nutrition Security Policy systematizes the guidelines issued by LOSAN for implementation. It details out management plan, funding and monitoring/evaluation procedures. It establishes the duties of the Union, States, Federal District and municipalities. The PLANSAN or the National Food and Nutrition Security Plan is the planning instrument of the right to adequate food. It defines objectives, challenges, guidelines and targets. It allocates public budget plan 13. Brazils national mechanism for the right to adequate food has resulted to reduction of hunger and malnutrition, reduction of poverty and inequalities, visible participation of formerly excluded populations, inclusion and promotion of small scale farmers through agrarian reform, credit facility and linkages to social programs procurement. It has also upgraded the nominal value of minimum wage, increased the number of formal employment, created the universal rural retirement pension system, facilitated dialogue on sustainable agriculture model with agribusiness model. It has guaranteed space for social movements to be heard, has increased policy coherence with human rights and has provided a holistic approach to food and nutritional security. 14. What remains as challenges for the system are the following:

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Recourse mechanisms still largely insufficient National Human Rights System still weak, reform of National Human Rights Council needed Lack of effective regulation of the power of agribusiness and food industry, including marketing, ETO Correlation of power in society and Congress, political reform is needed Need for further dissemination of rights culture and of accountability mechanisms Conflicts between development goals and HR. Open Forum: Patricia Gonzales: What is the role of Official Development Assistance (ODA) in your food program in Brazil? We used donations from the international community in the amount of $1 million rather than against ODA support of $41 billion US dollars with conditionalities from international financing institutions such as the World Bank. The current Conditional Cash Transfer (CCT) program of the government has not improved the condition of the poor particularly of women. It has led to lowering of self esteem of mothers instead because of the conditionalities attached to the program.

Flavio Valente:

Elsa Novo:

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One program of the government should not be isolated from its other projects in order not to create another problem. Cash transfer should be used as buffers alone while focusing on developing capacities for the people. CCTs are actually dangerous. They could be used for political, personal and mindset change purposes. The Right T o Adequate Food should not be reduced to CCT. Its important not to play off CCTs against empowerment and vise versa. The struggle is to deepen social protection, in particular for those with limited self-help capacity, and in addition, to struggle for resources or the access to them, which allow people to help themselves with selfesteem. For the realization of the Right to Adequate Food we need this intersectoral and overarching policy approach, which is directly linked to the governments respect, protect, fulfill-obligations. Brazils experience and challenges on the Right to Adequate Food has provided us good examples particularly for us belonging to the Indigenous Peoples in the Philippines. Until today, we do not own our land and the CARPER is ending. We have not yet accorded our ancestral domain claims even as the law provides for it and agencies are set up by the government to facilitate immediate resolution of these cases. What suggestions can you provide in our current situation?

Flavio Valente:

Martin Remppis:

Elsa Novo:

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There is always a danger in copying programs though we do have the same problems regarding the Indigenous Peoples where 5% were not recognized by the government. Unity is needed. The Right to Adequate Food is a good issue to begin unity discussions since we (our sectors) are the ones producing food for the whole population. How did Brazil manage the food prices being the most speculative product in the market? Can you share something of your strategy for food sufficiency? Government programs in the Philippines are marred with corruption. How did your government avoid this? Brazil has many mechanisms for food control but not in the market level. Food shocks happen without buffer fund, thus the Government of Brazil provides big buffers to farmers to produce food and to unify all in the struggle for Zero hunger. What were the mechanisms Brazil used in tracking poverty and assessing the impact of hunger mitigation programs?

Wilson Fortaleza:

Danilo Salonga:

Flavio Valente:

Raquel Obedoza (NAPC):

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Flavio Valente

Flavio Valente:

We are using the real mapping of hungry people by identifying them, the areas they are situated, disaggregating them, including grouping them by sector. We also conduct more detailed studies and come up with periodic baseline researches. The tools we use follow the self recognition of hunger which includes nutritional surveys, putting up of a surveillance system to houses on hunger, food and nutrition. The whole mechanisms will not succeed without monitoring including the monitoring of budget spending. Can we sue local governments for not fulfilling the obligation to progressively realize the Right to Adequate Food? Based on our experience, we established a tripartite committees at the local level with moral and legal capabilities. We ensure that people are informed of their rights and government is informed of its obligations.

Dr. Jenny Madamba: Flavio Valente

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LEARNING FROM PRACTICE: DETERMINING NEEDS RTAF SITUATION IN THE PHILIPPINES By Aurea M. Teves President, FIAN-Philippines 1. Food is life. Food sustains life. It is needed upon birth and no one can live without it. More than a need, food is a personal right if humanity is to survive. Food is lifes right. 2. Food is a basic human entitlement like water and air. It is indispensable for human survival. Thus, the Right to Adequate Food is no less than the Right to Life. 3. As a basic human right, the state is primarily obligated and responsible to ensure that its people have physical and economic access at all times to enough, nutritious, safe food to lead healthy and active lives. Articles 2 and 11 of the International Covenant on Economic, Social and Cultural Rights provide for the need for government to progressively realize all rights by all necessary means. According to this document, the right to adequate food is realized when every man, woman and child, alone or in community with others, has physical and economic access at all times to adequate food or the means for its procurement. 4. The Human Rights Based Approach to Development has the fundamental belief that human beings have basic entitlement to a certain standard of living. It focuses on the human person as the principal actor. It

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establishes the relationship between the person and the state and shifts emphasis to rights and responsibilities focusing on development by the people and not just for the people. 5. The Right to Adequate Food also includes the issues of security and self-sufficiency. Food Security is achieved (at the individual, household, national, regional and global levels) when all people at all times have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life. Food Self-Sufficiency means countries and even smaller economic units (province, municipality, community) should have the domestic capacity to produce and store their needed food supply at least for staple food. Governments are advised to develop local food production to progressively reduce their dependence on imports of food crops. 6. Human rights laws mandate government to maximize available resources towards achieving progressively the full realization of HR by all appropriate means. Available resources mean physical factors, natural resources, human power, existing productive capacities, financial resources, foreign exchange, receipts from borrowing, grants, assistance, programs targeting vulnerable groups. 7. There are three types of State obligations to realize the Right to Adequate Food. The Obligation to Respect government should not take any measures that arbitrarily deprive people of their right to food, e.g. regulation preventing people access to food.

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The Obligation to Protect - state should enforce appropriate laws and take other relevant measures to prevent 3rd parties, including individuals and corporations, from violating the RTAF of others. The Obligation to Fulfil (facilitate and provide) -entails governments being pro-actively engaged in activities intended to strengthen peoples access to and utilization of resources so as to facilitate their ability to feed themselves. 8. The Right to Adequate Food is composed of core elements for its realization. Availability of food requires that food should be available from natural resources through agricultural production, fishing, hunting, gathering or from markets and shops. Accessibility of food requires that economic and physical access to food should be guaranteed. Food should be affordable.

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Food adequacy means that food must satisfy dietary needs. Food must be safe for human consumption and free of adverse contaminants from industrial and agricultural processes, including residues from pesticides, hormones or veterinary drugs. 9. The following graphs below present the hunger situation in the Philippines. Incidence of Malnutrition, Philippines, 1990-2008 Year 1990 1993 1996 1998 2001 2003 2005 2008 % of underweight children, 0-5 years old 34.50% 29.90% 30.80% 32.00% 30.60% 26.90% 24.60% 26.20%

10. In 2011, out of the targeted 243,000hectares nationwide the government had reportedly distributed only 111,000hectares of land.DAR Secretary Gil de los Reyes already admitted that DAR will not be able to finish land distribution, leaving around 500,000 hectares almost half of DARs target land distribution undistributed by 2014. The non-implementation of CARPER will affect 1.1 million farmers. 11. IP ancestral domain/ancestral land (AD/AL) has an estimated area of around 7.7 million hectares (that comprises 26% of the total 30 million hectares of

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the countrys land coverage). Out of total 286 CADT applications, 158 were approved by 2012 covering a total area of 4,304,464.93 hectares for an IP population of 918,495. 12. By 2010, a total of 257 CALTs were approved covering an area of 17,293.14 hectares for an IP population of 8,608. 13. Based on the PLF Assessment on the Right to Adequate Food: There is no explicit recognition of the right to adequate food in the Philippine Constitution, thus resulting in a weak Philippine legal framework on RTAF; The lack of a national food policy to serve as overarching framework to address hunger results in an incoherent, non-complementary and even conflicting Philippine legal framework; The national budget does not reflect the obligation to eradicate hunger, thus causing issues of poor performance in implementation of laws; Complaint and recourse mechanisms to vindicate violations of the right to adequate food are formally in place but in practice insufficient; mechanisms to enforce fulfillment of state obligations are nonexistent; The national human rights institutions contribute little to redress breaches of the right to adequate food due to tremendous imposition with regard to civil and political human rights violations and to limitations in their mandates;

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Share of Land Distribution

CARP Accomplishment to Land Distribution (in hectares) 848,518 1,900,035 222,907 954,408 208,831 4,134,699 5.05 23.08 5.39 45.95 6 2.5 8* 2 20.52 6 141,419.7 316,672.5 89,162.8 115,301 104,415.5 172,279.13

Share of Land Distribution Output (in percent)

Years of Presidency

Annual Land Distribution (in hectares)

Corazon Aquino

Fidel Ramos

Joseph Estrada

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Gloria Macapagal Arroyo

Benigno Aquino III

Total

Source: DAR Accomplishment Reports, 1988-2011

*Gloria Macapagal-Arroyo distributed lands from 2001-2008. During the last 2 years of her presidency, land distribution was halted due to the uncertainty of the future of CARP and the extensiobn debates in Coingress.

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The law-making processes leave much to be desired; Government and public awareness of the right to adequate food is lacking; There is weak implementation of laws and policies and there is a lack of government support to agriculture, fisheries and agrarian reform; Conflicting policies cause crises in program planning and implementation; There are no safeguards to cushion the negative effects of food price volatilities. 14. Based on the assessment, the following are forwarded as recommendations: Adoption of a national food policy, with the full and active participation of all actors concerned, including those most vulnerable to hunger. Using the national food policy to rationalize the legal framework governing food by synchronizing laws, addressing contradiction in policy objectives, correcting flaws and ambiguities, repealing laws that obstruct the realization of the RTAF, aligning the budget to the national food policy, enhancing the mandates of the national human rights institutions and improving the process of law making. Capacity development on the RTAF, and the promotion of RBA for the establishment and implementation of the national policy governing the RTAF for all and to monitor the states HR accountability. 15. The Right to Adequate Food Strategic Intervention:

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Proceedings of the National Conference Panel Discussion I: Speaker 1: AGRARIAN REFORM AND THE RIGHT TO FOOD By Ricardo Reyes President, FDC

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1. The links between agrarian reform and the right to food is first and foremost, the main PRODUCER of FOOD -- the FARMER, who should be assured of adequate food, has developed capacity to produce, and leads a decent life. But this is not the reality in the Philippines. The data below show these discrepancies. Population Poverty Threshold (per month, in pesos) Food Threshold (per month, in pesos) Poor % Poor Magnitude Food Poor % Food Poor Magnitude
Source: NSCB 2009

Families 7,017 4,869 20.90% 3.86M 7.90% 1.45M Self-rated Hunger 40% 28% 43% 46% 37%

1,043 974 26.50% 23.1M 10.80% 9.44M Self-rated Poor

National Metro Manila Luzon Visayas Mindanao


Source: SWS, Oct 2009

51% 40% 49% 60% 54%

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2. Fishermen, farmers and children comprised the poorest three sectors in 2009 with poverty incidences of 41.4%, 36.7% and 35.1% respectively. The graphs above present these poverty statistics by sector and by major islands in the country.

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3. The data presented above were due to failure of major government programs related to food and land. For one, CARP and CARPER are limited laws and are impaired in implementation. CARP/er beneficiaries dont enjoy food sovereignty. Second, the right to food and food security were neglected major components of the CARP/er. Its LTI-BPD integration was not genuinely programmed based on its concept, budget allocation and mechanisms. It cut down subsidies on the products. It failed to provide social wages through additional food and emergency food assistance, educational benefits to children and universal health care. 4. The impact on the RTF of the whole population can be summed up in the following: a) insufficient food production, thus the need for imports; b) agricultural processing and trading has long been an oligopoly, thus monopolistic pricing and super profits; and, c) liberalization, market regime worsened oligopoly. 5. The struggle for the Right to Adequate Food is also confronted with another big challenge. The issue of climate change placed the Philippines as the 3rd most vulnerable country in the world to climate disasters. Annually, 5% of GDP and 2% of GNP are lost to typhoons, floods, drought and landslides -- very limited and conservative estimates. 6. As an alternative to resolve current conditions there should be a new agrarian reform program which highlights: a) Consolidation of covered lands; b) Compulsory Acquisition of Uncovered lands (2 million hectares more of prime agricultural lands);

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c) A programmed LTI-PBD integration; d) Not CLOA, but ET; e) Breaking the monopoly/cartels in agricultural processing and trading: Nationalize or at the minimum, bring the State back as major player, f) Social Wage: Food, education and health. The right to food must be integrated into the agrarian reform program. The adaptation and mitigation for climate change must lead to shifting to sustainable agriculture and renewable energy. 7. Mr. Reyes concluded his sharing with a call for a dialogue between two big communities struggling for agrarian reform, the CARPER movement and the GARB movement with the help of CBCP/NASSA as facilitator.

Ricardo Reyes

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Romeo C. Royandoyan

Speaker 2: RIGHT TO FOOD, FOOD SECURITY AND RICE SUFFICIENCY By Romeo C. Royandoyan Centro Saka, Inc. (CSI) 1. Mr. Omi Royandoyan opened his topic with the Presidential pronouncement that rice self-sufficiency is possible in 2012. Quoting from the Business Mirror on November 3, 2011, the President said Every time I see the secretary of Agriculture, I say, When you submit your numbers to me, it looks like your target of 2013 is old news in terms of self-sufficiency in rice. It looks like 2012 is when youre going to be self-sufficient. He bragged about Philippine food security by saying, I am very pleased to note that our agriculture minister is giving us a guarantee that theres no need for further importation of rice with the next harvest due in January. We will have an excess over that which is mandated as the strategic reserve in terms of rice. And what was done was not radical changes but rather just doing what was necessary. (President

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Pnoy, November 12, 2011, Inquirer HONOLULU, Hawaii). President Benigno Aquino bragged to a group of corporate chief executive officers attending the APEC CEO summit about his administrations achievements in ensuring food securityfor the Philippines without having to employ radical change but simply by just doing what was necessary. 2. Dissecting State Policies on Small Farm Development (AFMA Modernizing Agriculture, AGRICOMM 1998), one may conclude that: a) with the agrarian reform program making much headway in breaking large estates into small farms, future Philippine agriculture will inevitably be dominated by small owner-cultivated farms; b) the predominance of small farms will predetermine the nature of technologies invented, products produced and institutions formed; c) the way we teach agriculture and formulate our priorities in research and development, the manner by which we produce commodities, and the institutions we create for agricultural modernization will be governed after the imperatives of small farms; d) poverty alleviation is the ultimate justification for the efforts to modernize the countryside. Agriculture and poverty are linked; most of the poor are in the rural areas. Thus, making agriculture more productive will help win the battle against poverty in general; e) on the whole, government spending for agriculture was very low compared with its contribution to the economy; f) there are three major areas where government spending must be focused in order to improve agricultural productivity. These are investments in infrastructure, education and training, and agricultural research; g) in sum, the five

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guiding principles: growth, efficiency, equity, efficiency, and sustainability (or GEEES); h) growth in agriculture is critical because of the relatively large size of the sector in the economy; i) that agricultural production be efficient in order that local products may compete with imported goods; j) equity means that benefits of growth are shared by the majority of the people. Sustainability requires that production maintain ecological balance so that the resource base will still be of use to our children and their children. In general, Philippine agriculture is being shaped by agrarian reform to become a familybased agricultural system. 3. The governments Strategic Agriculture and Fisheries Development Zones Policy mandates that the Department shall, within six (6) months after the approval of this Act, and in consultation with the local government units, Appropriate government agencies, concerned non-government organizations (NGOs) and organized farmers and fisherfolks groups, identify the Strategic Agriculture and Fisheries Development Zones (SAFDZ) within the network of protected areas for agricultural and agro-industrial development to ensure that lands are efficiently and sustainably utilized for food and non-food production and agro-industrialization. 4. Under PNOYs 2011-2016 Food (Rice) Staples Sufficient Program, its Food Staples Self Sufficiency Program (FSSP) aims to produce at least 21.11 and 22.49 million tons of palay by the end of 2013 and 2016; maintain per capita rice consumption at 120 kg/year; and increase production of non-rice staples by 3.5 annually. The graphs and tables below present the administrations projection on this issue.

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Production Target (DA)

Target in Local Palay Production


Particulars Rice/Palay Requirement, M mt Palay Production, M mt Rice Self-Sufficiency Level Increase in Palay Production, M mt Harvested Palay Area, M ha Increase in Harvested Palay Area, T ha Target Palay Yield, mt/ha Increase in Palay Yield, kg/ha : cav/ha 3.70 4.39 2010 13.16/ 20.25 16.24 80.2 2011 13.44/ 20.68 17.46 84.4 1.22 4.53 145 3.85 150: 3.00 2012 13.58/ 20.90 19.20 92.0 1.74 4.67 136 4.11 262: 5.24 2013 13.72/ 21.11 21.11 100.0 1.92 4.81 140 4.39 279: 5.58

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Trend of Rice (Palay) Production, area harvested % yield, (including imports) 2000-2006
Year 2000 2001 2002 2003 2004 2005 2006 Production 12,389,412 12,954,870 13,270,653 13,499,884 14,496,784 14,603,005 15,324,706 Area 4,038,085 4,065,441 4,046,318 4,006,421 4,126,645 4,072,000 4,159,930 Yield 3.07 3.19 3.28 3.37 3.51 3.59 3.68 % Growth 5.11 4.56 2.44 1.73 7.38 0.73 4.96 Imports (M/T)* 616,519.00 739,428.00 1,238,366.20 697,836.20 904,074,65 1,804,783.93 1,622,090.40

Trend of Rice (Palay) Production, area harvested % yield, (including imports) 2007-20011
Year 2007 2008 2009 2010 2011 Production 16,240,194 16,815,548 16,266,417 15,772,319 16,684,062 Area 4,272,799 4,459,977 4,532,310 4,354,161 4,536,642 Yield 3.80 3.77 3.59 3.62 3.68 % Growth 5.96 3.54 -3.26 -3.03 5.78

Imports (M/T)* 1,790,269.35 2,341,326.41 1,575,000.00 2,128,416.28

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Rice Program Performance: 2007-2011


2012

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Production (MT) Area Harvested (HA) Yield (MT/HA) Budget Php B

2007 16,240,194 4,272,799 3.80 6,181,165

2008 2009 2010 2011 16,815,548 16,266,417 15,772,319 16,684,062 4,459,977 4,532,310 4,354,161 4,536,642 3.77 3.59 3.62 3.68 2,631,400 10,038,862 3,531,602 4,317,216 Palay: Crops Forecasts & Estimates January-December 2012 Source: Bureau of Agriculture Statistics (BAS)

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5. Analyzing PNOYs Rice Sufficiency Program 20112012 will lead us to opine that it is irrigation dependent. This is demonstrated by the pie charts below as compared to GMAs Rice Sufficiency Plan.

6. The issue of rice production is also compounded by the problem of rice smuggling to the Philippines. On July 26, 2012, the Bureau of Customs (BoC) seized an estimated half a billion worth of smuggled imported rice from India, some 430,000 sacks in Subic Bay

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Freeport. This recent development accounts for the slow sales of locally produced rice due to price disparities. A 50 kilogram/cavan of local milled rice costs Php 1,400 @ Php 28.00/kg while smuggled rice is priced at Php 950 per sack/cavan but sold at Php 1,200. Traders receive a net profit of Php 250 per sack without bothering with the production costs. 7. If smuggling persists, palay price will go down Php 14/kg. Its effect, according to the Philippine Confederation of Grains Association (Confed), will be: Nobody wants to buy. Millers do not have the capital to buy palay because they have yet to move their old stocks. Private traders and rice millers buy/absorb/procure 97%/98% of total rice harvest (TRH). NFA buys only 3% of the TRH. T o solve this issue, government needs to buy or procure 38% of rice production for Php105B from the farmersgrowers since private traders/rice millers can no longer procure palay from them. If government is remiss in its obligation to farmers, they will be forced to sell palay at the lower cost of Php 14/kg, almost the cost to produce a kilo of palay. Impact wise, rice farmers will stop planting rice or will continue planting but burdened with heavy loans/debts. 8. The claim of the Secretary of Agriculture that rice selfsufficiency is achievable in 2013 is without basis. There is nothing wrong for the government to aim for food (rice) self-sufficiency. In fact, farmers and organic rice farming practitioners and advocates strongly support this national goal. However, it is important to make a realistic assessment of the situation. Even the Task on Rice & Other Staples of Agriculture and Fisheries

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2025 has raised doubts about the target of achieving rice self-sufficiency by 2013 or 2014. To attain rice selfsufficiency, palay production growth should average at least 7.10% per annum as against the historical growth rate of 3.4% per annum. 9. There are other critical factors to consider in the rice self-sufficiency program. Among experts in Philippine agriculture and fisheries, the critical factors towards achieving food sufficiency are infrastructure measures, namely irrigation, post harvest facilities, and other socalled productivity enhancing programs. Research and development is also considered an important element. No doubt, these are important intervention elements. But this is only one side of the story. The other side is the role of the producers, the rice farmers and farm workers. Are their rights, property rights and means of production secured to fully participate in production activities? 10. Secured property rights with direct support service (e.g. cost of production input support) will encourage farmers to produce more because these induce incentives. The absence of property rights erodes the capacity and incentives of farmers to be productive. Production will remain static (i.e. insufficient production) if the farmers in the country will always be in debt since farmers cannot invest on things that can improve production. Philippine Agriculture (PA) 2020 emphasized the importance of the link. The problem of poverty cannot be adequately addressed without resolving the challenges of productivity and equitable access to productive assets by farmers and fisher folk. The infrastructure and property rights (or

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the equity and growth issue) nexus property rights not included in the rice self-sufficiency program. 11. Philippine agriculture is basically oil-based. The current food production input regime relies heavily on chemical fertilizers. Nitrogen (N) fertilizer (a major production input in rice production) requires 1.80 liters of diesel oil equivalent (LDOE) (source: ted Mendoza). To produce a ton of palay (unmilled rice) requires 1820 kg N, which translates to 215 LDOE. N fertilizer accounts for 50-60 percent of crop yield. A 50% cut in fertilizer use will significantly slash production yield by 25%-30% or about 4.0 million to 4.8 million tons of unmilled rice if prorated in 4 million hectares (16 million tons of paddy rice). Thus, an oil price hike will reduce the application of fertilizer. Reduced fertilizer utilization will lower rice yields per hectare. 12. However the data on dealers prices by fertilizer grade from 2007-2011 do not reflect or manifest the inverse relationship between the price of fertilizer and production output. In 2008 when the price of fertilizer was high, the production yield was also high. This is compared with production output in 2009, 2010 and 2011 when the prices of fertilizers were slipping. (See tables below). One possible explanation for this is that fertilizer prices affect not the rice yield but farm incomes and savings of rice farmers. Any increase in price of fertilizers raises cost of rice production. Farmers usually resort to borrowing and land pawning (or harvest pawning). The few who are lucky enough have some savings to pay for more expensive fertilizers. Bankruptcy among farmers is becoming more common.

Fertilizers: Dealers Prices by Fertilizer Grade and Year


2006 728.51 482.48 754.71 899.64 954.61 1,524.75 1,022.69 981.11 801.46 1,612.89 1,216.54 1,083.41 533.64 901.49 604.43 544.49 668.86 1,183.23 1,196.29 773.12 1,564.58 1,111.08 951.47 1,059.88 2007 2008 2009 2010 2011

2005

Ammophos (16-20-0)

748.61

Ammosul (21-0-0)

534.41

Complete (14-14-14)

771.44

Urea (45-0-0)

905.38

Trend in Rice Production, 2007-2011


2006 16,240,194 4,272,799 3.80 3.77 4,459,977 4,532,310 3.59 16,815,548 16,266,417 2007 2008 2009 2010 15,772,319 4,354,161 3.62 2011 16,684,062 4,536,642 3.68

2005

Production (Total)

Area Harvested

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13. Another factor for consideration is the impact of climate change. 2.32 million hectares of potentially irrigable areas or 74.52% are at risk: 1.23 million hectares are being serviced by the irrigation system, 610,468 hectares or 79.80% of the national irrigation system and 469,339 hectares or 84.17% of communal irrigation system are at risk. Luzon-irrigated lands face the highest risk from climate change.

Table Poverty by Sector of Employment, 1985-2000 (%)


191 51.9 44.7 20.9 12.5 33.8 21.3 22.5 6.9 15.2 16.8 17.1 12.1 12.7 9.9 10.5 14.0 7.1 3.0 9.1 21.2 13.7 18.2 17.8 13.5 15.4 34.5 23.1 29.8 9.5 9.5 6.7 0.1 7.7 5.8 6.1 0.7 4.3 7.3 16.5 13.5 16.1 4.2 37.1 30.0 58.4 2.4 49.9 42.3 45.9 61.3 1994 1997 2000 Contribution total poverty, 2000

1985 51.2 34.4 21.9 10.8 33.8 18.6 24.1 8.5 15.4 18.3

1988

Incidence

Agriculture

57.7

Mining

46.4

Manufacturing

31.4

Utilities

17.5

Construction

39.6

Trade

27.3

Transportation

27.8

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Finance

13.2

Services

20.0

Unemployed

21.5

Source: Arsenio Balisacan, Poverty and Inequality, The Philippine Economy: Development, Policies and Challenges, Ateneo de Manila University Press

14. On the use of water dams for irrigation: of the five water dams (Angat, Pantabangan, Binga, Ambuklao, Magat and San Roque), the NIA only directly manages the Pantabangan and Magat dams. During dry months when water (dam) level is low, the need for power generation and domestic water are prioritized over irrigation. Most of our dams are now privatized.

Irrigated Lands at Risk to Climate Change


Area Served by Irrigation System (ha) National Irrigation System 478,176 (63.51%) 20,530 (2.68%) 82,335 (10.76%) 29,427 (3.85%) 610,468 (79.80%) 469,339 (84.17%) 21,719 (3.90%) 3,316 (1.53%) 153,841 (70.79%) 72,649 (13.03%) 12,504 (5.65%) 167,488 (10.88%) 54,462 (3.53%) 1,236,964 (80.33%) 53.10 70,050 (12.56%) 29,484 (13.57%) 120,064 (7.80%) 304,921 (54.68%) 111,853 (51.13%) 894,950 (58.12%) 56.10 50.10 50.30 Communal Irrigation System Private Irrigation on System Total Service Area Irrigation Development (%)

Nature & Types of Climate Change Risks

Potentially Irrigable Areas (Has)

Luzon

1,594,290 (51.02%)

Bicol

239,660 (7.67%)

Visayas

332,370 (10.63%)

Mindanao (Caraga)

162,300 (5.19%)

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Total Irrigated Areas at Risk

2,329,620 (25.28%)

15. The right to food can be achieved only if food, and in the case of the Philippines, rice, is readily available and accessible always, is safe and affordable for both producers and consumers especially for the rural and urban poor. Attaining the goal of rice self-sufficiency will not necessarily mean

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102 PAGKAIN SAPAT DAPAT the poor have access to affordable food (rice). Right to food through a food security and rice trade liberalization point of view may not necessarily promote rice selfsufficiency. It encourages rice importation not only as a stopgap measure during times of shortfalls and as a regular and permanent mechanism to promote food security. Rice affordability and availability are the central consideration of this point of view, not rice selfsufficiency. 16. The right to food rice self-sufficiency is both practicable and affordable for the urban and rural poor consumers too. This is only possible by shifting the farming approach to organic rice cultivation system, i.e. organic fertilizers and seeds will be sourced locally through seed banking. This approach believes that the cost of paddy rice production may be cut considerably by as much as 25% because fertilizer costs-utilization accounts 18% and seeds cost around 7% of the total paddy cost. Labor cost makes up 45% of the total paddy costs and shifting to organic fertilizers and seed can halve total expenses because cultivation can be done through community collaboration (community best practices). Field study (2x year/5 years) shows that organic rice farming yields between 4 to 5 mt/ha. The highest recorded rice yield so far was between 9 to 10 mt/ha using the SRI method. This matches inbred high-quality seeds rice yield of 4 to 6 mt/ha, with 10 mt/ha as the highest yield. 17. Based on the current figures of rice production, the government is banking on its twin proposals: 1) to reduce palay procurement within the buying capacity of the NFA and 2) to phase out palay support price

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starting 2011/2012. These proposals are the opposite of what rice farmers and rural based-NGOs have been advocating for the past ten years. The NGOs advocate that rice farmers need support and protection in a context where rice trading is controlled by big rice traders. The proposal to reduce [if not eliminate] the capacity of the NFA to procure palay and allow the so-called market to determine the course of rice trading and pricing will further strengthen the rice traders stranglehold on the rice industry. It would simply allow the traders to continue dictating the present arrangement of buying palay from farmers at a low price or below production cost and selling

104 PAGKAIN SAPAT DAPAT high to consumers. Obviously, this arrangement is disastrous to both rice farmers and the consuming public. Nobody wins except the big rice traders. Thus, to counter government proposals, rice farmers recommend instead to strengthen buying capacity (domestic procurement) of NFA. Palay support price is the only government support that offers direct benefits to rice farmers. The current price support is fixed at Php17.00/kilo. Since production cost per kilo is PhP11.50, the current support price is sufficient for the rice farmer to secure profits. 18. If the proposed reforms simply focus on procurement and price support without considering the whole paradigm of sustainable agriculture and the imperatives of small farm development, then the governments effort would be reduced to a one-shot palliative measure for a complex food security problem. 19. They propose a Special Small Farmers Fund, with a subsidized interest rate. The Task Force on Rice urges the government to contract a 40-year soft yen loan with 0.2% interest rate a year with a 5-year grace period. Because this loan has an almost zero cost of money, agricultural cooperatives, rural banks, and MFIs can lend to small farmers and small scale fishers at 6%-7% interest rate a year. The Japanese Yen loan of US$250 million can serve as a credit facility for small agricultural producers and small-scale fishers. The Agricultural Credit Policy Council of 15% interest rate per annum inadequately provides for the credit needs of farmers and fishers. The provision/allocation of Php400 million is quite small as against the huge credit requirement.

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Patricia Gonzales

Speaker 3: GENDER AND THE RIGHT TO ADEQUATE FOOD By Patricia Gonzales Vice Chairperson, SARILAYA 1. Gender equality and gender equity is a matter of human rights. This principle applies to the right to adequate food. Gender equality is the concept that both men and women are free to develop their personal abilities and make choices without limitations set by stereotypes, rigid gender roles or prejudices. This means that different behaviors, aspirations and needs of women and men are considered, valued and favored equally; that women and mens rights, responsibilities and opportunities will not depend on whether they are born male or female. Gender equity on the other hand, means fairness of treatment for men and women according

106 PAGKAIN SAPAT DAPAT to their respective needs. This may include equal treatment for women, but often women and men need to receive different treatment in order to receive the same benefits and to experience their rights. It requires built-in measures to compensate for the historical and social disadvantages of women. 2. In Philippine households, care giving and household work is mostly done by women, where work is unpaid and undervalued. In times of food crises, women give way to other members of the family, especially their children in prioritizing food intake. These are some gender issues on the right to adequate food. 3. The data below present the experience of children. About 18% of children skipped/missed meals because there was no food or money to buy food, 8.2% experienced not eating for a whole day because there was no food or money to buy food, and 15.1% went hungry and did not eat because there was no food or money to buy food.

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4. According to the 6th National Nutrition Surveys, Household Food Insecurity 2003, Food and Nutrition Research Institute, Dept. of Science and Technology, More mothers than children had experiences of food insecurity, which reflects the innate childcaring quality of Filipino mothers/women in general.

5. One of the MDG targets is the reduction of the proportion of people who suffer from hunger by 2015. One of the official indicators, from the NNS, is the proportion of households with per capita energy intake of less than 100% adequacy. From the data of the 2003 Household Food Consumption Survey NNS, 57% of households had per capita energy intake that was less than 100% adequate. Looking at the trends of the proportion of households who are not eating enough and poverty the association is clear. Hunger is poverty-driven. Decreasing poverty and decreasing proportion of households with per capita energy intake less than 100% adequacy.

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6. Quite a number of modern day diseases come as a result of consuming unsafe food or food that can cause chronic ailments like diabetes, cancer, heart ailments and the like. Food production methods like chemical farming render food unsafe and destroy the environment. Unsafe food consumption has possible impact to our genetic make up and that of future generations (e.g. GMOs). 7. Other gender-related issues to the right to adequate food include unequal pay for equal work and gender gap in access to work. Gender disparity in wages persists. Gender stereotyping in the labor force is also an issue that affects the income divide between male and female. Women are invisible in productive labor especially in the agriculture, fisheries and forestry sectors, where household labor are mobilized. It is only the fathers as heads of the family that are recognized and given a formal wage. This results in

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lower per capita income because of the invisibility of women labor in the value chain. 8. The invisibility of womens reproductive labor means invisibility of small-scale farming, their roles in fishing, etc. It also impacts on their reproductive health and rights as it relates to poverty, particularly the lack of specific social protection programs for people who do reproductive labor, most specially women. It limits access and control of resources, e.g. land rights, evictions from homes and from sources of livelihood. The non-recognition of womens productive work as farmers leads to their losing legal rights to own or coown land and other resources. 9. Women are also excluded or have limited participation (particularly the marginalized women) in policymaking bodies, making them lose their right to decide on matters affecting them. Their perspective is not integrated in mainstream policies. 10. As a way forward, there is an urgent need to strengthen legal framework for the right to adequate food and gender equality by declaring them as legitimate rights. The government must ensure the implementation of the Magna Carta of Women and other laws that promote gender equality; breastfeeding; sustainable agriculture, and diversified farming systems. Social protection policies must ensure recognition of womens productive and reproductive role. There must be an active promotion of consumers welfare by advocating for food safety and more nature based food; and, womens perspectives must be integrated in socio economic development.

110 PAGKAIN SAPAT DAPAT Plenary Session: Conchita Masin: Our unity to push for the fulfillment of CARPER must not be fixed on the size of land or hectarage for distribution; it should also be on how to achieve adequate food. But how do we achieve the right to adequate food when support and information has not reached the majority? I agree with the idea of Conchita but not totally regarding the size of land for distribution under CARPER. We also need to consider the size of the land since it is provided by law as targets. Productivity of the land is another thing which need immediate support from the government. In the Philippines, women know more about production and cost of production. The reality in the rural areas is that the women farmers keep the managerial functions of farming. They have the innate capacity to handle the nitty gritty and budgeting of farm production compared to their male counterparts. The sorry state is that they remain invisible in the production environment.

Ric Reyes:

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Only 10% of the Philippine rice producers have 3 or more hectares of productive land, the remaining percentage has below 3 hectares ownership and they live below poverty line. Thus, there is a need to diversify production but we need a substantial amount of support from the government. This would be impossible with the latest development within the agrarian support agencies of the government. The Department of Agrarian Reform (DAR) is to be dismantled by 2014 and will transfer its important services to the Department of Agriculture (DA) which in turn has a substantial budget for rice production that has not trickled down to the small farmers. Currently the government is not planning any subsidy except for the Conditional CashT ransfer (CCT). Our advocacy towards property rights is not sufficient to address the problems small farmers are facing; we need to devise a holistic approach to the issue of land and production. Since women and girls are more affected by hunger than men and boys, it is imperative for the realization of the Right to

Martin Remppis:

112 PAGKAIN SAPAT DAPAT Adequate Food that gender justice is considered and reflected in the policy strategies. Gender justice goes beyond womens empowerment because it can only be achieved if men change their habits. Therefore we need more men getting involved in gender justice initiatives and strategies have to be developed that include the change of attitude and behavior of men. In Latin America, BftW funds masculinity workshops for men who discuss their role and contributions in the struggle for more gender justice. Ed Mora: Right to food has always referred to the poor, meaning, it has not affected the rich. If the rich says theres poverty, the world would listen to them and the statement will have impact. Maybe lets consider this strategy when campaigning for the right to adequate food in the future. The expectation of this conference is to come up with policy recommendations. The Right to Adequate Food is situated as central to our struggle but there are also many policies

Mike Udtohan:

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related to food that need also to be addressed like gender, production, technology, etc. The issue on the right to food becomes too big and we may run out of focus in terms of policy recommendations. Sandra Salidatan: I have not heard of any data regarding Moro or IP and on the Voluntary Offer to Sell. Most of us need more education on this, particularly on how these issues are interpreted from the Islam point of view. Local Government Units particularly in the rural areas do not really know about gender and women issues and concerns. How can we force local governments to implement existing laws? We have so many breakthrough laws on women yet the common experience is the lack of implementation. These laws provide us the environment but there is a lack of internalization on the part of the LGUs on women and gender. With respect to differences in faith and culture, we have to recognize these existing cultures to forward our advocacy on women. These cultures are not

Roxanne Veridiano:

Pat Gonzales:

114 PAGKAIN SAPAT DAPAT actually anti-women. Knowing and recognizing the different approaches based on specific culture and tradition must be enhanced to determine effectiveness of our advocacy. All the questions raised in the plenary are all very good but they are best responded to by government representatives. The panel today is all critical of the government. One thing I think is that we do not have critical mass to influence policies and push for their implementation. There is no strong social movement and we have not covered most ground. Government position is to shift to hybrid production to achieve rice sufficiency. We cannot venture on organic production on our own, we need strong support from the government but this is not heeded. One of the reasons why the government says NO to organic production is because it is too expensive. This is further worsened by the governments desire to follow all the dictates of GATTWTO. There is no critical mass to help us assert our points which is needed towards the reversal of economic policies to experience the effectiveness of reforms.

Omi Royandoyan:

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Dr. Nymia Simbulan

Panel Discussion II: Speaker 1: SOCIAL PROTECTION AND THE RIGHT TO ADEQUATE FOOD By Dr. Nymia Pimentel Simbulan Executive Director, PhilRights Professor, University of the Philippines Manila 1. The right to adequate food is essential for a life in dignity. No human being will grow and develop his/ her physical attributes, intellectual and psychological potentials, and even spiritual make-up, without the right to adequate food being realized and promoted. Every human being possesses this inalienable right which is interrelated and interconnected with other human rights like the right to life, education, health, work, housing, freedom of expression, peaceful assembly and association, and freedom of religion. 2. The right to adequate food is indispensable for the enjoyment of all human rights. Likewise, the non-

116 PAGKAIN SAPAT DAPAT fulfilment of the right is a consequence of the violations of other rights like the right to work, education and health. 3. The Philippines recognizes the right to adequate food of every Filipino citizen being a State Party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), CRC, CRPWD & CEDAW. But it has not been effectively realized as evidenced in the factors and conditions leading to the violation of the right to food particularly on how government designs its National Development Paradigm. Historically, the government has pursued a neo-liberal development framework and model anchored on such policies as liberalization, privatization and deregulation. a. Land conversion policy, e.g. aquaculture, biofuels, cash crops; b. Liberalization as reflected in the extractive industry particularly mining, displacement of local enterprises and local producers due to uncontrolled entry of imported tariff-free goods, e.g. agricultural products, livestock and poultry products, fish, dairy products, etc.; c. Destruction of the environment and sources of livelihood due to activities and/or projects like mining, logging, dam and hydroelectric power construction, aerial spraying, overfishing, intensive use of chemical inputs, etc.; d. Commodification of the commons, e.g. water, nature; e. Export-oriented economy, e.g. high-value crops;

Proceedings of the National Conference 117 4. Another factor is the snail-paced and problematic implementation of the CARPER: a. Landlord resistance resulting in violence; b. Lack of adequate support services to agricultural sector like infrastructure, subsidies, inputs, irrigation, storage facilities, etc. 5. Employment problems are also considered as a factor in the violation of the right to adequate food. There is the rising rates of unemployment and underemployment, low and/or irregular wages; labor contractualization/ casualization; and, the expansion of the informal economy. Prices of basic commodities have continuously gone up. The price of rice increased 68% between 2000 and 2008 (DA). Regular milled rice increased to P29.38 per kilo (from P17.59); well-milled rice to P32.71 per kilo (from P19.45). There is lack of access to information that will address issues of food quality, food safety and preparation. We are developing a fast-food or junk food culture which bombards us with all forms of mass media ads/commercials and there is the questionable safety of our street foods. 6. Natural and human-made disasters and calamities also affect the enjoyment of the right to adequate food. These results in physical and economic displacements of families and communities; loss of property, sources of livelihood; overcrowding in evacuation centers; poor disaster relief, rehabilitation and support mechanisms and structures of LGUs. Compounded by the reality of food monopolies and dynasties in the country (rice cartels, food traders and middle-persons), the situation of the right to food is worsened.

118 PAGKAIN SAPAT DAPAT 7. The situation of the RTAF of the Filipino people reflects the numerous risks, vulnerabilities and deprivations brought about by the interplay of factors and conditions at the local, national and global levels, making it difficult, if not obstructing, peoples enjoyment of the RTAF and living a life in dignity. With the worsening state of the peoples RTAF brought about by weaknesses, if not failures, in economic and socio-political environments, lack or shrinking resources, and capacities, the State is obligated to take immediate and effective measures in observing the right to social protection of the people. 8. Social protection is defined as encompassing a wide range of policies designed to address the risks and vulnerabilities of individuals and groups, both those who can and those who cannot work, in order to help them cope and overcome situations of poverty, especially when it results from incidents outside their control. It includes a broad range of instruments ranging from safety nets, social assistance and social insurance to mutual and informal risk management. 9. Social protection systems are generally structured around three main objectives or functions: a) Contributory or insurance-based schemes, e.g. Social Insurance to manage risks that provide insurance against unemployment, illness, retirement, and other disruptions to formal employment; b) Non-contributory schemes or Social Assistance (like food rations, CCT) - contributing to the ability of chronically poor people to emerge from poverty and to challenge oppressive socio-economic

Proceedings of the National Conference 119 relationships; safety nets to help the poor cope with shocks, emergencies; c) Social justice for inclusion, supporting the less active poor (such as the elderly, persons with disabilities and children) so that poverty will not be inherited by the next generation. 10. Social protection policies and programs should adopt a rights-based approach (RBA) to effectively address risks, vulnerabilities, discrimination and deprivations of individuals, peoples and communities. Social protection system that is rights-based is anchored on the PANTHER Principles: P- articipation: active, free, meaningful participation of rights holders in all decision making process, especially those affecting their rights; Accountability: making rights holders exercise their rights responsibly and duty bearers fulfill their obligations; States and other duty bearers to be answerable for the observance of human rights; N-on-discrimination and Equality: no one is left out, marginalized, unaccounted for in the development process, i.e. programs, services, information, participation, etc.; T- ransparency: ensuring access to information; being open and above board in running government affairs; no secrets or under the table dealings; H- uman Dignity: overcoming claimholders vulnerabilities; treated with respect and as a human person; putting up safeguards to prevent discrimination; Empowerment: Meaningful participation in government affairs, i.e. decision making, formulation of policies, programs, implementation, monitoring and evaluation; exercising power; R- ule of Law: fighting impunity, access to justice, claiming the right of reparation; effective mechanisms of redress.

120 PAGKAIN SAPAT DAPAT 11. Essential elements of social protection programs include: a) Assistance for health care, sickness, old age, unemployment, employment injury, family and child support, maternity, disability and survivors and orphans; b) Level of benefits must be adequate, and the qualifying conditions for the benefits must be reasonable, proportionate, transparent and accessible to those who are entitled to them; c) Targeting system should be based on the principles of equality and non-discrimination; d) Access to accurate, complete, up-to-date information is important; e) Peoples meaningful participation is paramount; f) Availability and accessibility of mechanisms for redress. 12. In the FAO study conducted by Rosemarie Edillon on social protection and RTAF, the following forms of social protection have been identified to be present in the Philippines: Labor market programs (labor exchange services, training, employment generation, unemployment insurance, labor standards) Social assistance (Micro and area-based scheme, Micro-insurance, Disaster management, Social funds) Social insurance (old age, disability, death, sickness, maternity, medical care, work injury) Child Protection (Family allowance) Production-based entitlement: (Seed subsidy program, agricultural insurance - Philippine Crop Insurance Corporation (PCIC)) Labor-based entitlement: (Unemployment benefit for public employees (GSIS), Unemployment

Proceedings of the National Conference 121 Loan Fund (Pag-ibig), Unemployed workers can seek assistance of Public Employment Service Office (PESO) DOLE, LGUs and TESDA for job facilitation and training, Promotion of Rural Employment (PRESEED), Kalinga sa Manggagawa (Workers Microfinance Program), Kasanayan at Hanapbuhay (KasH), Tulong Alalay sa Taong May Kapansanan, Social Amelioration Program (SAP) for sugar workers, Self Employment Assistance Kaunlaran (SEAK) project - technical assistance and seed capital to poor families, entrepreneurial skills development, Cash/Food for Work Program, Work-at-Home Program run by the National Council for the Welfare of Disabled Persons, Coconut Farmers Safety Net Program -- aims to provide employment and livelihood as well as social protection and security among the rural poor) Trade-based entitlement: (Food subsidies/aid, Rice Price Subsidy Program -- Tindahan Natin (Our Store) -- provides low-priced but good quality rice and noodles identified/endorsed by DSWD, LGU, Barangay Council, NFA Rice Procurement Program) Transfer-based entitlement: (Conditional cash transfers [4Ps] of the DSWD, Senior Citizens Medicine and Food Discounts, Food for School Program -- food subsidy for pupils in Grade I, preschool and day care centers, and who belong to poor families in identified vulnerable municipalities or priority areas within regions of the Philippines.)

122 PAGKAIN SAPAT DAPAT 13. Looking at the situations of social protection in the Philippines in relation to the right to food, the following are seen as gaps to the effective implementation of programs: a) Problematic targeting system; b) Limited/low coverage, e.g. IPs, PWDs, elderly, out-of-school youth (exclusion), c) Limited information dissemination of SP programs, d) Disjointed/fragmented programs, lack of coordination among implementing government agencies; e) Insufficient budget; f) Lack of meaningful peoples participation in program development, implementation, monitoring and evaluation; g) Lack of transparency in program implementation. 14. Based on the perceived gaps, rights-holders are challenged to conduct deeper and broaderreaching human rights education; develop further its capacities in claiming rights through monitoring and documentation of HRVs, accessing and utilizing redress and grievance mechanisms and structures local, national and international levels, participation in program and policy development, organizing and organizational strengthening, international solidarity work and networking. Duty-holders likewise must be educated on human rights and the rights basedapproach to development; capability-building in fulfilling HR obligations, e.g. passage of laws, effective implementation of laws and policies, training of judiciary on the justiciability of the RTAF and other ESC rights, etc.; strengthening linkages and collaboration with NGOs, Pos.

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Speaker 2: CLIMATE CHANGE AND FOOD SECURITY By Dr. Laura David Deputy Director, UP MSI 1. Based on the study on protein consumption, the global average intake is 16kg a year. In the Philippines the figure is doubled to 30kg a year per person. Marine resources contribute a significant portion to the food supply of the Philippines. 56% of Filipinos protein requirement is sourced from seafood while 44% is taken from inland sources. 2. The images below show a comparative presentation between the available supplies of our marine resources as against the demands for food of the population. 3. The burgeoning population poses a grave threat to food security of the country. The images below capture the interplay of supply and demand based on the present situation (base-line data) as projected in the year 2040.

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4. It is considered by marine sciences that a small rise of sea level temperature affects the diversity of marine culture. The image below highlights this impact of climate change in the country by cluster.

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5. Temperature, increased variability of precipitation, sea level rise, therefore have implications on coastal health and food security in the Philippines. Coral reefs have repeatedly been adversely affected by extreme temperature resulting in what is known as mass coral bleaching; sea grass get buried when extreme rain events bring in high loads of sediments from the watersheds into the coastal seas; and mangrove seedlings are extremely sensitive to the height of sea level. Overall, fisheries are expected to decline with adverse impacts on food security.

6. Mariculture offers a pragmatic solution. Republic Act 8550 (The Philippine Fisheries Code of 1998) is a legal instrument that encourages and supports the establishment of mariculture facilities in waters of all coastal municipalities. There is however, no established protocol on how these parks will be established. This is highlighted with the example of how Mariculture Park of Bolinao suffered some fish-kills due to obstruction of the flow of water oxygen in fish cages.

THE BOLINAO MARICULTURE TIMELINE

1999: Bolinao Municipal Fisheries Ordinanc e Water Quality Monitoring Teams training

MERSys
2007 2008 2009 2010
Php 100M loss Increase in SST Php 50M loss Low D.O. , Neap tide

1980s

1970s

1990s

2000

2001

2002

2003

2004

2005

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Php 500M loss >1600 structures P. minimum bloom Oxygen depletion

2006

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Clear Caquiputan Advocacy

128 PAGKAIN SAPAT DAPAT 7. Based on the experience of the fisherfolks in Bolinao they are forced to understand the science of mariculture, appreciate the timely education, implement drastic changes to arrest losses in their business and comply with the law. These responses are reactions to the impact of fishkills in their areas. 8. Potential for fish kills is exacerbated by too many structures in the water. Their response to this external stress (ushered by too many structures in the water) is to clear Caquiputan channel. Meaning, transfer some cages that obstruct the channels flow of oxygen. Excessive fish feed also compromise nearby habitats and associated productivity, thus clear education on the mode of feeding is the immediate solution to lessen the impact of fish kills. 9. Contributing factors to fish kills include warming waters, harmful algal blooms, hypoxia, eutrophication, reduced flushing rates [EXTERNAL STRESS]. Moreover, each action leading to a fish kill not only affects the mariculture industry but also compromises the ability of the surrounding benthic and pelagic habitat to be resilient to any additional pressures [POTENTIAL IMPACT]. 10. Potential sites for mariculture must consider the following: a) fish kills happen in areas more prone to sudden rise of sea temperature (SST); b) mariculture must be away from reefs and seagrasses; not in mangrove forests and not in areas of high entrainment. If the country is to make a concerted effort to secure our source of food, its planning and management of its mariculture need

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Dr. Laura David

to be science-based. It should take action towards reduction of demand, protection of catch supply, and smart mariculture site selection. Finally, there is an urgent need to implement HB 5202 or The Environmental Assessment for Aquaculture in Lakes and Inland Water Act of 2011. There was no open forum on the panel discussion #2 due to time constraints. Day one of the Conference was concluded with some reminders from the organizers. Day Two Day Two of the National Conference on the Right to Adequate Food (RTAF) was opened with some cultural presentations. The second day was facilitated by Ms. Aurea M. Teves in the morning and by Mr. Martin Remppis in the afternoon.

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Maria Socorro Diokno

Panel Discussion III: Speaker 1: TOWARDS A NATIONAL FOOD FRAMEWORK LAW FOR THE PHILIPPINES By Maria Socorro Diokno, Secretary-General, FLAG 1. Ms. Diokno opened her presentation on the topic on what should be the minimum content of a Philippine Food Framework Law. A framework law should have a clear: a) Declaration of Policy; b) Targets or Goals; c) Strategies or Methods to Achieve Targets or Goals; d) Institutional Responsibility and Mechanisms; e) Avenues for Recourse; f) Resources; and, g) National Mechanism for Monitoring.

Proceedings of the National Conference 131 2. In its declaration of policy, the Philippines should explicitly recognize the right to adequate food as a fundamental human right. Right to adequate food is defined as freedom and entitlement (beyond a minimum set of calories, proteins and other nutrients); and, the purpose of the law is to realize the right to adequate food of every Filipino. Its targets or goals should clearly be time bound or with concrete time-frames on issues of eradication of hunger, improvements in nutrition, elimination of gender disparity in access to food/resources for food, and sustainable use and management of natural and other resources for food. Its strategies or methods should be based on the normative content and corresponding obligations of the Right to Adequate Food, food accessibility (prevent discrimination in access), food availability, and food safety. Examples of food accessibility include enlarging womens access to, and control over, benefits from productive resources, including credit, land, water and appropriate technologies; recognition and explicit reference to gender-based decision making and gender division of labor in food production, preparation, distribution and consumption. 3. Food accessibility would mean: a) Protecting all persons living with HIV from losing their access to resources, food and assets; b) Developing smallscale local and regional markets; c) Preventing uncompetitive practices in markets; d) Developing corporate social responsibility and stressing human rights responsibilities of business; e) Addressing

132 PAGKAIN SAPAT DAPAT unjustified barriers to international trade in food and agriculture; f) Establishing well functioning internal marketing, storage, transportation, communication and distribution systems; g) Improving access to land, water, appropriate and affordable technologies, productive and financial resources; h) Investing in rural infrastructure, education, health and social security; and, i) Improving access to the labor market. 4. Food availability would mean: a) Improving domestic production, trade, storage and distribution facilities; b) Investing in productive activities, mobilizing public and private domestic savings, developing appropriate credit policies, providing credits in concessional terms and increasing human capacity; c) Adopting and implementing effective legal and regulatory framework; d) Adopting sound economic, agriculture, fisheries, forestry, land use, and land reform policies; e) Rationalizing Philippine food laws and policies; f) Enforcing conservation and sustainable management of natural resources; g) Undertaking agricultural research and development, extension, marketing, rural finance and microcredit towards basic food production; h) Promoting and protecting security of land tenure, and conservation and sustainable use of land; i) Promoting conservation and sustainable use of genetic resources for food and agriculture; j) Maintaining ecological sustainability and carrying capacity of ecosystems to ensure increased, sustainable food production, prevent water pollution, protect fertility of the soil, and promoting sustainable management of fisheries and forestry.

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5. Food safety examples include: a) Establishing comprehensive and rational food-control systems in the entire food chain, including animal feed; b) Streamlining institutional procedures for food control and food safety, eliminating gaps and overlaps in inspection systems and in legislative and regulatory framework; c) Adopting scientifically based food safety standards, including standards for additives, contaminants, residues of veterinary drugs and pesticides, and microbiological hazards; d) Establishing standards for packaging, labeling and advertising of food; e) Preventing contamination from industrial and other pollutants in the production, processing, storage, transport, distribution, handling and sale of food; f) Providing adequate protection of consumers against fraudulent market practices, misinformation, unsafe food, deception and misrepresentation in packaging, labeling, advertising and sale of food; g) Establishing food safety systems and supervisory mechanisms to ensure the provision of safe food to consumers, including provision of assistance to farmers and other primary producers to follow good agricultural practices, food processors to follow good manufacturing practices, and food handlers to follow good hygiene practices; h) Providing education on safe practices for food business operators, safe storage, handling and use within the household for consumers, and on foodborne diseases and food safety matters for general public; i) Adopting and implementing measures

134 PAGKAIN SAPAT DAPAT to maintain, adapt or strengthen dietary diversity and healthy eating habits and food preparation, as well as feeding patterns, including breastfeeding; j) Preventing overconsumption and unbalanced diets; k) Promoting healthy eating though food programs, home and school gardens, food fortification policies and programs; l) Adopting and implementing special measures to address specific food and nutritional needs of persons living with HIV; m) Promoting and encouraging breastfeeding; n) Disseminating information on the feeding of infants and young children; o) Adopting parallel actions in health, education and sanitary infrastructure; p) Paying special attention to practices, customs and traditions on matters related to food. 6. A national framework law on food needs to establish clear institutional responsibility and mechanisms. In this manner, the lead agency is identified and clearly mandated. Mechanisms for inter-agency collaboration must also be set up, as well as mechanisms for effective collaboration of all actors in the food sector. The mechanisms under the framework law can be avenues for recourse for those discriminated through access, for those without security of land tenure, recourse for unfair trade competition and for harm caused by unsafe food. 7. To make the framework law work on its mandate, allocation of appropriate funds must be made together with identification of sources of funds. Specific rules or guidelines on fund use, management and liquidation must be ensured.

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8. A National Mechanism for Monitoring or maybe a National Coordinating Committee for Food or similar body must be set up. 9. There are two approaches in undergoing the process of coming up with a national framework law. First, build national consensus and support for a framework law; and, second, adopt the framework law. Both approaches require conscious and conscientious application of PANTHER principles. Both approaches should be based on thorough human rights based analysis of the hunger situation and food context. In building a national consensus around the framework law one must build a campaign around the right to adequate food, adopt multiple strategies and participatory activities, engage those with adverse opinions without resorting to unproductive confrontation and to remember that the peoples voice matters. 10. In adopting a law, first draft a national food framework law with clear orientation of what are the nonnegotiable provisions. The draft shall be subjected to multiple public validations; identify then engage with legislative champions; provide technical expertise to legislators through position papers, research materials, legislative briefings, etc; and, attend congressional hearings and meetings and participate in technical working groups; learn lobby skills and undertake lobby activities; and, track legislators positions on the draft. Everybody must remember that this approach requires flexibility. Lawmaking is largely a negotiation, so be prepared to give in when necessary while standing firm on your bottom lines.

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Proceedings of the National Conference 137 Speaker 2: ENGAGING GOVERNMENT TO IMPLEMENT RTAF: THE ROLE OF HRBA IN CAPACITY BUILDING By Max de Mesa Chairperson, PAHRA 1. As a prelude to his talk, Mr. Max de Mesa presented the case of Tampakan mining in Mindanao to highlight the need for capacitating individuals and communities to engage government in the implementation of the Right to Adequate Food. 2. The Tampakan Project is a 2.4 billion metric ton deposit, containing 13.5 million metric tons of copper and 15.8 million ounces of gold at a 0.3 % cut-off grade. The Project is operated by Philippine-based affiliate Sagittarius Mines,

Max de Mesa

138 PAGKAIN SAPAT DAPAT Inc. (SMI) -- a joint venture between Xstrata Copper and Indophil Resources. It is located in Mindanao, approximately 40 kms. north of General Santos City. Situated at the boundaries of four provinces: South Cotabato, Sarangani, Sultan Kudarat and Davao del Sur. It is one of the worlds largest undeveloped copper-gold deposits in the Southeast Asia-Western Pacific Region. 3. SMI will clear 3,935 hectares of forest and arable lands when it starts mining operations. It will build its mine tailings facilities near one of the tributaries of Mal River, the biggest river system in the Tampakan-Columbio area. The mines life is expected to reach 70 years with more than US$ 5.4B in needed investments. SMI has allegedly spent more than P10 billion for exploration and other activities since 2000. 4. More than 1,000 families, majority of them belonging to the Blaan tribe, will be displaced and relocated once the company begins commercial operations. SMI promised to provide scholarships, livelihood programs and whatever it is that they need or would help in their development. The common perception of the Blaan community is that they would not be affected by the operations. As long as their ancestral lands would not be affected, they were willing to support the mining company as it provides incentives that the communities need. 5. Damage to critical watersheds would leave thousands of farmers and fishermen with no means to earn a living. The mine development

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would draw down the capacity of catchments that supply drinking water and irrigation water to NIA irrigation systems that sustain 200,000 hectares of agricultural land for 80,000 farmers in South Cotabato alone. The Tampakan project estimates a water requirement rate of 908 liters per second. 6. The mining project proposes to store 1.65 billion tons of waste rock and 1.1 billion tons of tailings in areas of high seismic activity. The open pit will not be back filled and the billions of tons of acid generating waste rocks and wet tailings will require management in perpetuity. The Tampakan mine has a high potential for loss of life and high environmental damage if a failure of dams or rock storage facilities occurs. (Goodland and Wick 2010) 7. If SMI is allowed to operate, it would destroy the environment and contaminate the river systems. It would dry up the irrigation system in the lowlands and the aquifers in General Santos and nearby Koronadal City (according to the Catholic Church in South Cotabato). The mine areas are found atop the headwaters of all the big rivers that drain into five provinces namely South Cotabato, Sarangani, Davao del Sur, Sultan Kudarat, and Maguindanao, and the cities of General Santos and Koronadal. Any degradation in this region will potentially result in the increased siltation of the rivers, a decrease in the water level and a high risk of being contaminated

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The Rights-Based Approach

Obligations Arising from Right to Adequate Food

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by toxic materials coming from the mine operation upstream (according to Catherine Abon, Geologist, UP NIGS). 8. In engaging government on the right to adequate food, we must first know our rights; know the State obligations; and, build our capabilities. The following international documents may help us inform our rights: UDHR, General Comments, ICCPR, ICESCR, CRC, CEDAW, ON MIGRANTS, CERD, CAT, PWD, etc. 9. There are three-fold obligations of the State on human rights. The obligation to respect requires the state to refrain from doing anything to violate the integrity of individuals. It is a prohibition against state action and interference depriving an individual from enjoying human rights. The obligation to protect refers to state actions to prohibit third parties (including business) or others from violating

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144 PAGKAIN SAPAT DAPAT a persons rights. This is usually through policy and legislative measures that regulate actions of third parties to ensure protection of the human rights of individuals. The obligation to fulfill (facilitate or promote) requires states to take the necessary steps to adopt laws and other measures aimed at achieving full realization of human rights. This obligation to provide exists during natural disasters, wars and crisis situations where the individuals, peoples and communities live in circumstances where they cannot secure these rights. 10. Engaging the State on its obligations means knowing the relevant laws, policies and programs related to the implementation and/or violation of the right to food. It means engaging the Philippine Government in its three Branches: the Executive, the Legislative and the Judiciary; the National Government and its Executive Departments and Agencies; the Local Government Units and the local agencies and courts 11. The legislative process of the Philippine Congress follows the filing and first reading of a proposed bill. After it is accepted, it goes to the committee in charge for hearing and reporting for the second reading and third reading. After the bill passes the third reading, a bicameral committee shall take charge of making versions of both houses on the bill coherent. 12. Human rights based capacity building points to skills development on data gathering, documentation and analysis, training people to do their own data gathering, documentation and analysis, HR Education Trainors Training for people and communities.

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13. There are existing studies on peoples participation in the Local Development Councils which we can access for information regarding engagement with LGUs. In 2001 November - Study on Peoples Participation in the LDCs by the DILG in collaboration with the Urban Resources and the EBJF, supported by AusAid and the Phil-Australian Governance Facility (PAGF). In 2010 November A Look at Participatory Governance in the Philippines, a rapid survey was conducted by Code-NGO and PhilDHRRA and was presented during the Social Development Week celebration of Code-NGO. 14. There are enabling policy framework for participation in the Philippines. First, the 1987 Constitution institutionalized the role of NGOs and POs in Philippine development. Article II, Sec. 23 provides that the state shall encourage non-governmental, community-based or sectoral organizations that promote the welfare of the nation. Article XIII, Sec. 15 provides that the State shall respect the role of independent peoples organizations. Article XIII, Sec. 16 provides that the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision making shall not be abridged. The state shall, by law facilitate the establishment of adequate consultation mechanisms. Secondly, in the 1991 Local Government Code, Chapter 4., Sec. 35 LGUs should establish strong relations with the peoples and non-government organizations on the delivery of certain basic services, capacity building

146 PAGKAIN SAPAT DAPAT and livelihood projects and local enterprises. CSOs shall also be represented in the Local Special Bodies (LSBs) to assist LGUs in planning and decision making. Sections 106-115, LGC defines the local planning bodies to consist of the Local Development Council and Barangay Development Councils as the mandated local planning bodies, the Executive Committee to represent the LDC when it is not in session, the Secretariat to provide technical and administrative support, and the Sectoral or functional committees that will provide substantial inputs to the LDC and is more continually engaged in all stages of the planning and development processes.

15. There are also DILG Policy Issuances in support of the 1991 LGC provisions for peoples participation namely: DILG MC-89, s. 2001; JMC # 1, s. 2007; DILG MC 114, s. 2007; DILG Rationalized Planning System 2008; DILG MC 73 s. 2010.

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16. Using available information and existing framework, we may venture into organizing and some converging points. Particularly, we may venture into HRD formations, enhancing and maximizing Barangay Human Rights Action Centers (BHRACs), Federations of BHRACs. We may come into convergence at the territorial levels especially on the issue of the right to food using a multi-disciplinary approach and this is of crucial importance. 17. The impact of climate change may lead us to consider some new approaches and ideas in pushing for the realization of the right to food. One innovation is the Watershed Approach. This is about protection of the quality and supply of freshwater resources; application of integrated approaches to the development, management and use of water resources (Chapter 18 of the Agenda 21). We all live in a watershed and we believe that a watershed planning approach is the most effective framework to address the complex issues of the mining industry and above all food and water security in the context of looming climate change impacts. With Climate Change as the new normal, a watershed approach to adaptation, mitigation, anticipation and disaster management where the forests and minerals are mostly located will be beneficial. A concerted and integrated effort using the watershed as the planning domain is necessary. Landslide and flooding do not respect administrative boundaries or local jurisdictions. 18. Ecosystems are especially important for developing countries, where the livelihoods of many people

148 PAGKAIN SAPAT DAPAT depend directly on healthy ecosystems. It may be good to consider adopting Total Economic Valuation (TEV) and Wealth Accounting and Valuation of Ecosystem Services (WAVES) which is an integration of TEV and natural capital accounting. WAVES is an initiative of the World Bank which is supportive of responsible mining. WAVES is a comprehensive wealth management approach to long-term sustainable development that includes all assets manufactured capital, natural capital, human and social capital. The methodological framework is the UNs System of Environmental and Economic Accounting (SEEA) developed over the past 20 years. WAVES can contribute to poverty reduction. Valuation of ecosystem services will enable better management of ecosystems. Natural resources are an important asset for the poor. Improving the productivity of natural assets can lead to poverty reduction by allowing the poor to accumulate assets of their own if economic activities based on natural resources are not employment of the last resort. Ecosystem accounting will also enable the measurement of who benefits and who bears the costs of ecosystem changes. This is essential for careful policy design so that the poor (who lack complementary private assets) also benefit from improved productivity. 19. In engaging government on the right to food, we may maximize the upcoming elections to better know how candidates would help us realize this. That candidates integrate human rights as preferred values in governance and development planning will make human rights the basis of their governance and of their development

Proceedings of the National Conference 149 plans; that they will develop their own local human rights plan in coordination with the national HR plan of action; they will educate and train the security forces under their jurisdiction from a human rights perspective; they will establish and/or strengthen the formation of human rights defenders; esp. in difficult areas and situations, including the Barangay Human Rights Action Centers; they will sponsor resolutions and plans relating the 9 international HR instruments, which the State ratified, and implement these instruments in their own areas of responsibilities; they will appoint a human rights officer or set up a human rights desk or committee that will oversee the implementation of human rights, among others, in governance, security activities, public school curricula and in development plans during the candidates terms of office and then will serve as liaison to civil societys human rights defenders formations. We can also make use of the existing international and regional human rights mechanisms. Open Forum: Mike Udtohan: The objective of this conference is to come up with policy recommendations on RTAF. Is there any way of consolidating all related laws on food so as to have a holistic approach? Secondly, are there other countries food framework laws?

150 PAGKAIN SAPAT DAPAT Cookie Diokno: I dont know of other countrys food framework law but there is already a study on all food related laws in the Philippines. The study found out that our laws on food are not harmonized; while, others need to be repealed. The study recommendations have been there since 2008. Among our existing laws, food safety is very strong but food security and accessibility is questionable. Even as there is study or research on this, we still do not have a framework law. All we have are a million and one laws. Brazil has a national framework law on the Right to Adequate Food. RTAF is part of the constitution, thus a national framework law is a must. FAO has a study on existing laws and jurisprudence of various countries on RTAF which we can access. Monitoring and governance are important in the aspect of coming up with a national framework law. Also, a broad popular support of people and stakeholders makes the law work. In our struggle for the right to adequate food, we must

Flavio Valente:

Proceedings of the National Conference 151 all carry the whole gamut of rights. RTAF can be an opening for the realization of all rights for all; and nutrition must be present throughout the discussion on food to make it a complete package. In the Philippines, we have the whole cluster on poverty. For our purposes we have to point out the lead agencies to determine clearly the states responsibilities. There is no Right to Food program despite the glaring situation of hunger in the Philippines. It is not even in the National Human Rights Action Plan or NHRAP. The leading agency must be beyond poverty or food. There is a successful RTFcampaign in India in the form of litigation or legal court battle. Indias government is in the process of getting a National Food Security Bill approved and presently there is a strong debate on the content of the bill. The original idea of the bill is exactly to have a right to adequate food legal framework. However the considered bill drafts are rather

Cookie Diokno:

Max de Mesa:

Flavio Valente: Martin Remppis:

152 PAGKAIN SAPAT DAPAT disappointing and unfortunately the RTF-Campaign has only some general demands but is not prepared to tell the government how a legal framework bill should look like. What can we learn from our Indian friends: If we demand a RTAF-legal framework law, we should also formulate its content details and advise the government accordingly. For this well need legal advice. Cookie Diokno: But, here in the Philippines, our court is not exactly an activist court. Are we sure and convinced that the framework law on food we are drafting is the right one? It is good that we start this discussion, which needs deeper sharing, come up with more recommendations from people who are hungry. For who are we to speak for the people? We are just here to facilitate. The National Land Use Act may be one of the laws we could use as framework to harmonize all laws on food in the Philippines. If we do not protect our land, we cannot talk about food sufficiency. We cannot talk of

Mike Udtohan:

Cookie Diokno:

Ka Elvie Baladad:

Proceedings of the National Conference 153 market without product. Mining has even encroached into our irrigated lands. This is the experience in McArthur municipality. Cookie Diokno: Just a caution. Our framework must not fall into a market-oriented framework. We have to ensure that the orientation of our framework law is protection of the rights and not economics and market primarily. I cannot comment on your draft bill on land use since I have not seen it and have not read it. I really believe w e need a framework law for implementation of state obligations. What a framework law must have is a moral persuasion just like in Brazil. What was the relationship of mining and food from the presentation of Max de Mesa? It was used to usher in the need and struggle for a rightsbased approach in development. Th e rea son w e ha v e disjointed, unharmonized laws especially on food is due to the fact that we have no framework law on food which could be also under the broader issue of social p ro tectio n w hic h w e a re all entitled to enjoy.

Patricia Gonzales:

Sophia Schmitz:

Max de Mesa: Wilson Fortaleza:

154 PAGKAIN SAPAT DAPAT Conchita Masin: Unsafe food must be totally defined in the framework law to protect and educate mothers of its harm. Mothers are usually those that experience hunger in the Philippines because they would rather give their food share to their young, especially during food scarcity. There is hunger due to the nutritional content of what they eat. Safe and sustainable supply of food must be ensured in the framework law. We also need to review our food fortification programs in line with food safety standards. It is unthinkable for a valueless junk food to be promoted because it is fortified with vitamin. The Local Government Units may also make ordinances to encourage local production of safe and healthy food and provide local market for them. Our organization is leading a campaign on land rights and food sovereignty. We conducted research on it to back up our advocacy. We observe though that during dialogues with government agencies through the National Convergence Initiatives that they just talk about the issue and do nothing about it if not forget it. Thus, there is a need for us to build a strong local resistance and to strengthen solidarity as a strategy.

Cookie Diokno:

Max de Mesa:

Starj Villanueva:

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Most of the targeted beneficiaries of the anti-poverty programs in the local levels are not reached. How would we incorporate the question of governance to the right to adequate food when duty bearers are remiss in their obligations? If we ask government officials today about framework law, they would immediately claim they have. But for us, what framework law are we talking about? We would like to request the panel to be with us in a forum on the Right to Adequate Food and the Indigenous Peoples which we are organizing at the local Indigenous Peoples communities. (request granted on the spot.) The National Convergence Initiative or even the attempt to converge remains a plan. When it comes to unity, the situation says not so because we still lack appreciation of differing positions. At the local level, clearly, power corrupts. Thus we need to have a clear framework to advance our demands. But, how much can we do, is a challenge for us all. The framework we are using is human rights and the obligations of governments to it. In our efforts for change we need to hone our capacities to be more effective. As CSOs we need to converge not as an organization but in one clear framework of unity, the right to adequate food.

Aloy Borja:

Elsa Novo:

Cookie Diokno:

Max de Mesa:

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Elvira Quintela

Regional Reporting: REPORT ON THE REGIONAL WORKSHOPS ON RTAF (Luzon/Visayas/Mindanao Integrated Report) By Elvira Quintela Project Officer, AFRIM 1. The Regional Workshops on the Right to Adequate Food (RTAF) were born out of the need for a national policy on RTAF and the need for broader stakeholders participation in the substantiation and pressure mobilization for a national policy on RTAF. The objectives by which the activities were conducted aims to understand the sectoral and community situation in relation to RTAF; to identify RTAF issues/challenges, gaps in interventions and possible solutions; and to formulate action plans. 2. There were four (4) workshops conducted for RTAF purposes. Two sectoral workshops for IP women

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(Luzon) and Urban poor women (Luzon); two multi-sectoral workshops conducted in Luzon and Mindanao. Total participants numbered 52 females and 16 males. 3. The process by which the workshops were undertaken follows the presentation of the rationale and objectives of the right to adequate food. This is substantiated by inputs and discussions on: poverty and hunger situation; sectoral situation; RTAF and related international instruments; and, Ms. Dioknos research document. Following inputs were group workshops on 1) issues/problems; possible solutions; aspirations and expectations from the government; 2) formulation of action plan. This is to extract the ideas and sentiments of participants on the validity of the issues as being concretely experienced. Video presentations on poverty and hunger documentaries capped each workshop activity. 4. The random summary of the four workshop activities conducted, identified issues and problems in each household and community point to: food insufficiency and where to source food; unemployment, underemployment, insufficient income and contractualization of labor; malnutrition and other health problems; lack of unity among community/family members; and the problem of the non-consultative nature of LGUs on peoples needs for livelihoods or in the implementation of government projects; conflicts/violence in the community

158 PAGKAIN SAPAT DAPAT and household; theft/robbery for food; wrong beneficiaries of CCT program; slow CARPER and IPRA implementation, including the reversal of gains due to exemption claims; land conversions; encroachment of big businesses on land, forest, and marine resources; lack of government services (social and agricultural); no/limited access to credit; farmers are tied to traders due to high production cost; corrupt government officials; marketing problems of farm products (buying stations and price support), competition (influx of cheaper agri-products from other countries); mining and other extractive investments resulted in environmental destruction and dislocation of IPs and small farmers; conflicting policies of the government; export oriented economic policies; demolition and shelter/housing insecurity; armed conflicts (resource or ideology-based); calamities due to improper waste management; calamity funds have not reached the intended beneficiaries. 5. As to the questions on possible solutions to the issues and problems they identified, responses point to the following: a) Employment/livelihood/ extra income opportunities thru enhancement of local economy; b) Enhancement of communitybased poverty and hunger alleviation strategies (like sustainable agriculture); c) Employment security; increased salaries/wages; d) Alternative livelihood for IPs; e) More support for the education of children especially IPs; f) Engage LGUs on project implementation transparency; g)

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Free medical services from the government; h) Fast track implementation of IPRA and CARPER; i) Lobby for more government social and agricultural support services delivery (maximizing participation in various local bodies); j) Enhancing capacities of peoples organizations for claim making and active participation in local economy development. 6. Participants in the workshop have one general aspiration -- to be released from their current situation. They long for an improved living condition. Such condition is characterized by: Healthy and happy family/community, living together peacefully and in harmony with nature Food always on the table Sufficient income to meet family needs Secured and conducive house for the family Sufficient knowledge and skills on food production and income generation Children are able to go to school Empowered women/organizations Able to access necessary social and agri-support services from the government Sustained farm production and income Access and control over common resources State has fulfilled its 7obligations to the people 7. Among the actions participant intended to have for immediate purposes are: 1) training and education. This includes particularly topics for women on vegetable production, household-based income generating projects, sustainable agriculture and improved farm productivity, campaign skills

160 PAGKAIN SAPAT DAPAT

A workshop group

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against extractive industries like mining and continuing education on RTAF, HR, VAWC and other HR instruments. With these, there are needs to access funds from LGUs for IGPs, dialogues with LGU on appropriate relocation sites and livelihood while continuing protest action on labor contractualization, pushing for inclusive government scholarship program, campaigning to fast track implementation of IPRA and CARPER, including follow-up of ongoing related cases, forest and mangrove rehabilitation and monitoring of governments agri and aqua projects. Workshop: The Conference participants were divided into five workshop groups to tackle specific issues. Below are the workshop issues and the facilitators for each group: a) Assessment of Vulnerable Groups Facilitator: Ms. Yifang Tang b) Advocacy / Litigation Facilitator: Mr. Ricardo A. Sunga c) Monitoring of State Performance on Different Levels Facilitator: Ms. Roxanne Veridiano d) Recourse Instruments / Complaint Redressal Mechanisms Facilitator: Mr. Bernie Larin e) Naming & Shaming through Actions + Media Facilitator: Mr. Bobby Diciembre

162 PAGKAIN SAPAT DAPAT Workshop Results: Workshop I: Assessment of Vulnerable Groups Who are the vulnerable groups with regard to RTAF?
IPs/Moro Farmers Urban Poor Women Children/youth Rural (interior communities) Fisherfolks Elderly/PWD HIV/Aids victims

1. In what way are they affected / vulnerable in terms of RTAF? a. IPs/Moro distance, high prices of commodities, cheap prices of farmers produce, encroachment of mining in IP/Moro areas, existence of big plantations, militarization, climate change. b. Farmers -- displacement, LUC, peoples reliance on imported goods over locally produced, high inputs of farm tools, and usury. c. Fisherfolks -- climate change, alternative livelihood d. Children garbage as source of food among children in the urban poor communities. e. PWD mendicancy, medicine and services from DOH and DSWD f. HIV demoralized, discriminated need clear and accessible services from DOH and DSWD g. Women Less accessibility, less adequacy, less availability h. Youth vices and addiction i. Street families informal economy, scavenger j. Elderly no social security, unable to access government social services.

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2. How are we responding to the RTAF problems of the vulnerable groups? The governments responses through the Department of Social Welfare and Developments (DSWD) are food for work program, CCT and short term livelihood. The civil societys initiatives on this problem are organizing outside of the government framework. The vulnerable groups in the Philippines are the least prioritized group as the bigger portion of the government budget (44%) is intended for debt payment rather than support programs for the vulnerable groups. 3. What are the gaps in our work / obstacles encountered? Lack peoples mobilization to push government to perform its obligations. Local patronage policy

A workshop group

164 PAGKAIN SAPAT DAPAT There is no budget for the realization of the Right to Adequate Food. Unemployment There is a need for strong unity and solidarity. Plenary Question/Discussion on Workshop 1 Report: Max de Mesa: Was there a discussion in the group on the situation and gravity of hunger? We have not tackled the issue deeply as we presupposed that other workshop groups were given such question to discuss. We were guided by the workshop questions prepared by the organizers of this conference. Though we have not tackled the gravity of hunger, we discussed the availability and safety issues of food. I observed that PWD group was not included among the vulnerable sectors. I am particularly concerned with PWDs in the rural areas versus those situated in the urban centers as services are more accessible here than in the countryside. Construction of Dams aside from the encroachment of mining projects is included in the land use conversion.

Workshop 1:

Juliet Bernales (NCIP):

Addendum from the Workshop Group 1:

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1. Stocktaking. Are there litigations on RTAF in the Philippines? Not directly as RTAF, but with implications to RTAF Limited to issue identification and calls e.g. o vs mining (CARAGA) thru Writ of Kalikasanland rights/ IP claims on ancestral domain o vs aerial spraying (Mindanao)agrarian related cases o vs seaweed farming (to be filed vs LGU in Mindanao) 2. What type of litigation are we using? Civil cases Political cases Administrative cases 3. What are the gaps/ problems/ obstacles in relation to the litigations/ legal recourse of RTAF violations? RTAF is not popular; people lack information about their rights and available recourse Who are we against: big corporations, landlords, politicians Practical terms: costly to pursue a case, technical requirements, resources (e.g. time, lawyers, etc.) Existing laws used against people who exercise their claim-making rights (e.g. cases filed against farmers)

166 PAGKAIN SAPAT DAPAT 4. What are the initiatives being undertaken? Advocacies: AR, IPs, sustainable agriculture, community-based farming, urban gardening, safe foods, etc. Food Blockade (Compostella Valley) 5. Workshop Group Proposal: Framework law on RTAF Awareness raising/ education campaign building movements from below Special Court on RTAF Look into existing programs of government where RTAF can be mainstreamed, e.g., Food Terminals Plenary Question/Discussion on Workshop 2 Report: Addendum from Workshop Group 2: It must be noted that the Philippines has some good laws related to the Right to Adequate Food but the implementation is problematic. There is a problem in litigation, especially for the groups and individuals being counter-sued by landlords or big businesses through made-up criminal accusations and offenses. The costs of bail are so high; and fees for legal battles are so exorbitant. These are the experiences of our agrarian reform cases.

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A workshop group

Workshop 3: Monitoring of State Performance on Different Levels 1. Monitoring Mechanisms in Place. Community-Based Monitoring System (CBMS) Barangay Nutrition Council Mandatory Representation for vulnerable sectors (IP, Women, Peasants, etc.) Provincial Agrarian Reform Committee (PARCOM) Go Organic Representation of CSOs in Regional Development Councils Parent-Leaders in 4Ps Feeding Programs Nutrition Scholars Gulayan ng Bayan

168 PAGKAIN SAPAT DAPAT 4Ps CBMS (13 core indicators of poverty) Relief Distribution Dams, Coal-fired Power Plant, Mining FAITH Relief and Rehabilitation

2. Experiences in Monitoring Positive: Census of Community-Gender/Sex desegregated Environment and Resources at stake Valuation of Agricultural Production affected by Devt Projects Independent initiatives of NGOs and POs which make use of Govt data, highlighting weaknesses of Govt programs on RTAF Sharing with multi-stakeholders Holistic Approach e.g. disaster relief and rehab monitoring Continuing Research Areas for Improvement: Participation of larger population in formulating indicators to create sense of ownership from the people; not centerbased Expert opinion Monitoring mechanism not framed on RTAF 3. Steps to Ensure Progressive Realization of RTAF among Claimholders: Should know their rights

Proceedings of the National Conference 169 Awareness on right to food as integration of other rights that is not just access or availability of food but also as nutrition Access to information Should assert their rights Part of development planning process Independent CSO monitoring with participation of claimholders/beneficiaries (Shadow reports, Counter-SONA) with focus on RTAF guided by normative content Database of CSOs activities Use UN international standards in monitoring rights (water, hunger, nutrition, housing) Promotion of indigenous knowledge and sociopolitical systems Manufacturing nutritious food using indigenous resources vs importation of junk food Use PANTHER principles 4. Challenges Alliance work Engagement in governance (inside, alongside, outside)

A workshop group

170 PAGKAIN SAPAT DAPAT Assertion of grassroots-based CSOs to counter GONGOs and BONGOs Plenary Question/Discussion on Workshop 3 Report: Monina Geaga: I failed to notice any discussion or experiences in relation to data collection from the government or its agencies. What is the general consensus of the group, are agencies cooperative or not in terms of access to their data and information? The experiences point to varied levels of cooperation from the government. Sometimes it is very challenging especially when results of monitoring are integrated into the Barangay Development Council planning.

Workshop Group3:

Workshop 4: Recourse Instruments / Complaint Redressal Mechanisms 1. What are the existing redress mechanisms, if any? Or what are the recourse mechanisms available? Available remedies could be divided into two administrative (agencies and President) and judicial (courts) e.g. Writ of Kalikasan BFAD redress mechanism for consumers

Proceedings of the National Conference 171 Mining DENR Land use conversion DAR/DARAB; decides on land issue and on the application for land conversion even as there is pending moratorium on land conversion. Factors to consider depends on the jurisdiction, the nature of complaint whether administrative or judicial, identification of concerned agency and what court. It must be considered that some services are devolved (LGUs and national agencies). Crop conversion This is under the mandate of DA but there is no existing mechanism. NFA Procurement Decides on prices of rice products yet farmers are at the mercy of traders We can also send our policy recommendations through letters/communication to agencies and Office of the President We can also request for Congressional inquiries On the issue of corruption Ombudsman mechanism Meta-legal tactics and strategies are also forms of redress mechanisms, e.g. land occupation, pickets etc 4Ps program problematic in terms of implementation. Its redress mechanism may be the DSWD. There should also be redress mechanisms for ODA projects.

2. What are the problems encountered in accessing available redress mechanisms?


Ignorance on the process of filing complaints.

172 PAGKAIN SAPAT DAPAT Lack of knowledge about the redress mechanisms available on the part of marginalized groups Criminalization slapping of cases against those who are complaining Lack of resources availability of lawyers and exorbitant court fees Harassment and threats prevent victims from pursuing cases The mandate of Public Attorneys Office is not clear; it made PAO ineffective in providing services to victims; PAO services are also costly Courts have overloads of cases; backlogs Access to existing remedies is tedious and expensive There is also the problem of attitude and incompetence of people in the government Negligence and bias on the part of people in the agencies Bias on the part of LGUs Corruption and connivance Slow processes in government agencies Bureaucratic red tape National policies bias of the national government (neo-liberal policies) Existing mechanisms are manipulated and most are not effective and not implemented 3. What steps can be taken to address the problems identified? Participation Take an active role in crafting and implementation of policies / redress mechanisms

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Citizens participation in the existing redress mechanisms Vigilance on the part of the citizens Monitoring Education Legal literacy or paralegal trainings / human rights input Integrate peoples issues, human rights, etc. in school curriculum Training programs on good governance Organize Organize the victims and then formulate tactics on how to defend themselves (negotiate, peaceful resolution of problems) Respect and support peoples initiative Critical mass / mass movement Advocacy Partnership with LGUs Diplomacy and networking/lobbying with government agencies and LGUs Conscientization of people in the government Tap the academe, church and the media Push reforms within the government. Streamline and simplify processes of mechanisms of available remedies Strengthen DA to have redress mechanisms Sustain DOJ projects to make justice accessible, e.g. justice on wheels, LGU mediation, Strengthen the local government academy Clarify the mandate of PAO

174 PAGKAIN SAPAT DAPAT Plenary Question/Discussion on Workshop 4 Report: Conchita Masin: I have some doubts about the proposal of strengthening government agencies to enable them to push for redress mechanism. I would rather suggest that we strengthen the communities to push government to implement mechanisms. Particularly, let us strengthen the POs in the communities to push the Department of Agriculture or the Department of Agrarian Reform to institute reforms; secondly, lobby CHR to include RTAF in its mandate. Yes, the idea of the group discussion is the same as your suggestion. Maybe we just have to reformulate the proposal. We believe that it is crucial to have a critical mass. CHR is the watchdog of the government but it has no prosecutorial functions or power. It, however, can recommend prosecutory actions. We should also include international UN mechanisms and the ASEAN AICHR as available venues for redress.

Workshop Group 4:

Max de Mesa:

Ricardo Sunga:

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Flavio Valente:

The Armed Forces of the Philippines and the Philippine National Police have Human Rights Officers in every camp; maybe we can push for them to work by forcing them to blotter cases of HR violations committed by the ranks. Civil Society Organizations should struggle to make all available mechanisms effective. We can also make use of available quasi-judicial recourse by using institutions to put pressure on government agencies to implement their mandates. CSOs can also push for the possibility of creating National Rapporteurship like the UN system that could link issues and concerns of the people to CHR and the Houses of Congress.

Workshop 5: Naming & Shaming through Actions + Media Overview: Cover conducted research, campaigns and implemented social actions and how it was covered by the media (local, national, or international) Questions answered: 1. What has been done? (Assessment of effectiveness? What are the experiences?)

176 PAGKAIN SAPAT DAPAT 2. What are the risks and how can we minimize them? 3. What are the gaps or problems encountered? 4. How-To: Future planning? 1. Assessment of Effectiveness via experience CASE STUDY #1: Peoples Action Protest and Rally, MLY activities Regions covered: Northern Luzon (delegations Ilocos, Cagayan, Bagio, etc.) Action taken: Mass action (annual event takes place in November). Anti-mining campaign in Northern Luzon, Mass action against MGB: petitions containing commands of the community, followed by a march-rally (protesters carry placards). More than 1,000 participated in the reaction against MGBs Mines & Safety Week (celebration of [un]safe mining practices) Rice crisis; KGNP Interaction-meeting of different mining communities for sharing experiences (face-to-face interaction with other groups against mining activities). Levels: Community, LGUs, etc. Effectiveness? Event covered by local media. i.e. newspaper front page presents event side-by-side (comparison) with the (local) governments MGB Mines & Safety Week. Giving awards to MGB and DENR: Most irresponsible mining company! Best Human Rights Violator!

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Social action to gather media Create a Hall of Fame Symbols used: Poison (Skull with an X) Need effective symbols to communicate message CASE STUDY #2: Land Use Problems encountered: Weather Effectiveness? Target = consolidate forces that are pro-extension of the CARPER Law (Comprehensive Agrarian Reform Program Extension) Response: Office of the President extends CARPER CASE STUDY #3: Peace Covenant Ceremony Regions covered: Misamis Oriental Addressing: Muslims (Moro) and Christians Peace covenant enables tribes to be more productive (no more fear of conflicts between warring tribes; result: farm animals are no longer kidnapped for use by warring tribes; peaceful and productive.) CASE STUDY #4: Right to Food Rice crisis; KGNP (Filipinos against the GNP) Involves large mobilizations and good media coverage. Protest in Ayala area ends in office workers throwing confetti on protesters. In Ayala, there was a demand to lower the price of rice. Employees in Ayala provided support to the protesters by giving them rice. They were able to get fax numbers and contact info (communication!) so that you have community support from the workers when you go through the area.

178 PAGKAIN SAPAT DAPAT Government reacted by ordering a price control on rice. Didnt really assess the reaction to this situation; rice importation was massive under Ramos (in 1996-97 or between 1994-1996) Contrast government claim and action on the ground. It took a one-month campaign to prepare for this. Relied on one council member in Makati to provide numbers for campaign. Risks: Dispersals (wont be allowed to group or regroup). Somehow, no threat of jail. CASE STUDY #5: 2008 Rice raid on NFA warehouse in Cavite. Forced the town mayor to negotiate; distribution of NFA rice was being done by NFA organization and national government, bypassing the people (rice was being used for political patronage in the distribution system). Initial plan was a mobilization; there was no plan to ransack and raid the warehouse. The objection was made; the local government created a mechanism to involve local people in the distribution of NFA rice. 2. What are the risks and how can we minimize them? CASE STUDY #1: For the standoff, some community leaders didnt want to end the standoff and were wary of a Peace Covenant. They drew their guns and were threatening to attack with arrows and swords. No one was hurt, but there was a 3-hour standoff.

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CASE STUDY #2 (Northern Luzon, Baguio mines) There was the risk of cases filed vs. PO leaders which created a counter-group of anti-miners (a Divide and conquer tactic). T o counter this, ensure network of lawyers or volunteer lawyers. Advice: First get a permit, if not, get a very good negotiator. Inform protestors and confirm commitment. TAMPAKAN CASE: Risks Extrajudicial killings (EJKs). The military should not be deputized to provide protection for mining companies. The armed forces function is to defend national sovereignty. To counter this, directly take the AFP responsible for violations and for taking the side of mining companies. Additional investigations from other committees: Council of Human Rights, the (international) UN, etc. Military guards and protest: How could they say theyre protecting the people when theyre the ones dispersing the people? Advice: During the time of Gloria, there was no negotiation. There was only calibrated, preemptive response. 3. What are the gaps/ problems encountered? Finance logistics Solutions: Networking Community Logistics for example, transport (i.e. four-wheel drive, habal-habal, motorbike, etc.), distance, etc.

180 PAGKAIN SAPAT DAPAT (Cultural) Sensitivity (Interpretations vs. miscommunication) For instance: extending courtesies to only a few community leaders so that when the acknowledgements come around, several community leaders feel left out. Readiness of Community Keep in mind that NGOs can campaign for communities in need, but they cannot cover everything! They must be willing to do the work (logistics, infrastructure, etc.) Schedule of press to converge What the media projects sometimes does not capture what the group wants to project or may be a different interpretation of events (i.e. selective interpretation) Press release/ statement: When you are misquoted, you immediately respond, asking for clarification, a rapporteur, etc. Problems of advocacy: Mining companies have stakes in mass media PDI Adverts for TE Fully-independent editorial: ABS-AB5 They protect their own (Theres no such thing as free media in the Philippines or, for that matter, in the world.) Advocacy will always be affected by what causes you represent and what you hope to achieve Advert is a psychological approach

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Hard to Name n Shame companies that feed the media (Ayala, the Lopezes, etc.) because they own the media! Involves media relations, etc. 4. Future planning? Method(s): Social actions & Media Framework bill: To sustain a campaign on Right to Adequate Food, a very concrete step must be taken for filing a legislative proposal or decision.The legislative process creates its own life as it involves a Public Hearing, a debate, etc. Needs a solid framework i.e. right to food and right to adequate food so the bill is a campaign itself. Create a scenario or a venue that, by itself, creates the life of your campaign. Break a large piece into its key components. Communication on media, mass-media, social media, etc. campaigning Capacity-building via lobbying, networking, etc. Identify early-adopters Champion-building (Legislative branch, Senate, and Congress) The Next Step Process: 1. Results of the workshop sessions of the conference will serve as framework and basis for the concrete steps to be taken that will give the direction and specify the concept note incorporating the General Comments 12 of UNESCR.

182 PAGKAIN SAPAT DAPAT 2. The Concept Note is meant to help consolidate the existing NFC and reach broader constituents (Specifically the vulnerable sectors) and serve as basis for the consolidation of the coalition. 3. Translate the Voluntary Guidelines on the Right to Adequate Food into Filipino and other major dialects. 4. Alongside this effort will be the implementation of capacity-building measures to strengthen the basis of unity and deepen understanding of RTAF. 5. Local consultations all over the country (L/V/M) will be conducted to organize and unify all efforts to facilitate progressive realization of RTAF. 6. IEC- Information Education materials will be developed on RTAF and published in major dialects. Addendum: (Martin Remppis) To formulate the Right To Adequate Food legal framework details with the broadest participation possible. Closing Activity, Call to Action and Approval of the Conference Manifesto (Facilitated by Mr. Ricardo Reyes)

183

184 PAGKAIN SAPAT DAPAT

185

Summary Review: An Assessment of the Philippine Legal Framework Governing the Right to Adequate Food

by Maria Socorro Diokno

186 PAGKAIN SAPAT DAPAT

Summary Review 187 Summary Review, An Assessment of the Philippine Legal Framework Governing the Right to Adequate Food his summary review is based on An Assessment of the Philippine Legal Framework Governing the Right to Food, co-authored by Virgilio R. de los Reyes and Maria Socorro I. Diokno (October 2008). The authors were contracted by the Asia-Pacific Policy Center for the Food and Agriculture Organizations project Developing methods and instruments to implement the right to food. Words, phrases, sentences and paragraphs in quotation marks are direct quotes from the original work. In assessing the countrys legal framework, De los Reyes and Diokno (2008) were guided by the definition and normative elements of the right to adequate food, as well as obligations arising from it, articulated by the United Nations Committee on Economic, Social and Cultural Rights in General Comment 12, The right to adequate food (Art.11).2 The Committee defines the right to adequate food as the right of every man, woman and child, alone or in community with others, [to have] physical and economic access at all times to adequate food or means for its procurement. The right to adequate food is both freedom from hunger and entitlement to food that meets dietary needs, is free from adverse substances, is culturally acceptable, is in large enough quantities, is physically and economically accessible, and constitutes a sustainable supply for present and future generations.
_______________ 2 05 December 1999, UN Doc. E/C.12/1999/5.

188 PAGKAIN SAPAT DAPAT The Committee also described the obligations arising from the right to adequate food, including: (a) the obligation of progressive realization, which requires states to take steps, through all appropriate means, with maximum use of available resources, to progressively achieve the right to adequate food; (b) core obligations, which require states to ensure the satisfaction of the minimum essential level required to be free from hunger; (c) obligations of equality and nondiscrimination, which require states to ensure both de jure3 and de facto4 equality, without distinction of any kind, exclusion, restriction or preference based on race, color, gender, language, disability, age, religion, political or other opinion, national or social origin, property, birth and other status; (d) obligations of international cooperation and assistance, which require states to conduct their trade, lending, technical and financial assistance and related activities with due regard for the right to food of the people of other states and require states that are unable to guarantee the right to food of their people to seek assistance from other states; (e) the obligation to respect the right to food, which forbids states from acting in any way that directly encroaches upon it;
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3 4

Equality achieved when laws or policies treat women and men in Equality achieved when the effects of laws, policies and practices do not maintain but alleviate the inherent disadvantages that women experience.

a neutral manner.

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(f) the obligation to protect the right to food, which compels states to take steps to prohibit others from violating it; (g) the obligation to fulfill (facilitate or promote) the right to food, which requires states to actively create conditions aimed at the rights full realization; and (h) the obligation to fulfill (provide) the right to food, which requires states to actually provide food whenever, for reasons beyond their control, individuals or groups are unable to realize the right by the means at their disposal. Philippine Legal Framework De los Reyes and Diokno (2008) define the Philippine legal framework as the set of applicable domestic and international laws, jurisprudence and processes related to the right to adequate food. These include legally and customarily binding international instruments, the 1987 Philippine Constitution, food availability laws, food accessibility laws, and food safety laws. Legally binding international instruments are those ratified by the Philippines and include the International Covenant on Economic, Social and Cultural Rights,5 the Convention on the Rights of the Child,6 the Convention on the Elimination
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5

Adopted on 16 December 1966; the Covenant was ratified by the Philippines on 19 December 1966 and entered into force on 3 January 1976. 6 Adopted on 20 November 1989; the Convention was ratified by the Philippines on 26 January 1990 and entered into force on 2 September 1990.

190 PAGKAIN SAPAT DAPAT of All Forms of Discrimination Against Women,7 and the Additional Protocol to the Geneva Conventions and Relating to the Protection of Victims of International and NonInternational Armed Conflicts8. Because of a constitutional process called transformation, which may also entail the passage of domestic legislation, the International Code of Marketing of Breastmilk Substitutes9 is now part of Philippine law by virtue of Executive Order 51.10 Customarily binding international instruments are general norms of international law principles and practice and include the Universal Declaration of Human Rights,11 the Declaration on the Rights of the Child, the Universal Declaration on the Eradication of Hunger and Malnutrition,12 the Declaration on Protection of Women and Children in Emergency and Armed Conflicts,13 the Code of Ethics for International Trade,14 the Declaration on the Right to Development,15 the Rome
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7

Adopted in 1979; the Convention was ratified by the Philippines on 5 August 1981 and entered into force on 3 September 1981. 8 Adopted on 8 June 1977; Protocol II was ratified by the Philippines on 11 December 1986. 9 Adopted by the Member States of the World Health Organization on 21 May 1981. 10 Adopting a National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Related Products, Penalizing Violations thereof and for Other Purposes, 28 October 1986. 11 Adopted on 10 December 1948. 12 Adopted on 16 November 1974 by the World Food Conference, convened under United Nations General Assembly Resolution 3180 (XXVIII) dated 17 December 1973 and endorsed by United Nations General Assembly Resolution 3348 (XXIX) dated 17 December 1974. 13 Adopted by the United Nations General Assembly through Resolution 3318(XXIX) on 14 December 1974; see Paragraph 6. 14 Adopted by the Codex Alimentarius Commission through CAC/ RCP 20-1979 (Rev. I-1985) in December 1979. 15 Adopted by the United Nations General Assembly through

Resolution 41/128 on 4 December 1986; see Article 8.

Summary Review 191 Declaration on World Food Security,16 the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security (hereafter referred to as the Right to Food Guidelines)17, and the High-Level Conference on World Food Security: the Challenges of Climate Change and Bioenergy..18 Food availability laws are laws governing agrarian reform, agricultural policy and trade measures, as these relate to access to land, agricultural productivity, and food supply (see Table 1). Behind the agrarian reform law is the dual spirit of redistribution of wealth and providing access to land for food production, which are reflected in the leasehold program, acquisition of land, profit sharing19 and stock distribution. The law also includes provisions on support services such as training, credit support, infrastructure and organization. The law is accompanied by other laws that provide credit support for agrarian reform beneficiaries and agriculture in general,20 support services for irrigation,21 creation of sources of revenue for support services to agriculture,22
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16

Adopted by the Heads of State and Government or their representatives during the World Food Summit on 13 November 1996. The Declaration is accompanied by a Plan of Action, which provides specific details on the commitments adopted by the Declaration. 17 Adopted at the 127th session of the Food and Agriculture Organization (FAO) Council in November 2004. 18 Paragraph 1, Declaration of the High-Level Conference on World Food Security: the Challenges of Climate Change and Bioenergy. 19 Profit sharing was a temporary measure prior to distribution of commercial farms under the deferment program. 20 PD 717. 21 RA 6978. 22 RA 8178 (Agricultural Competitiveness Enhancement Fund)

192 PAGKAIN SAPAT DAPAT Table 1. Food Availability Laws On Agriculture, Agrarian Reform and Fisheries RA 3844, October 1963 PD 27, Rice and Corn Land Reform, 21 October 1972 PD 717, Providing an Agrarian Reform Credit and Financing System for Agrarian Reform Beneficiaries through Banking Institutions, also known as the Agri-Agra Law, 29 May 1975; amended by EO 83, Strengthening the Enforcement of the Agri-Agra Law and Launching the NDC Agri-Agra Erap Bonds for Rural Development, 25 December 1998; Monetary Board Resolution No. 442, 7 April 1999 and Monetary Board Circular No. 196, Series of 1999 RA 6657, Comprehensive Agrarian Reform Law, 10 June 1998 RA 8435, Agriculture and Fisheries Modernization Act of 1997, 22 December 1997 RA 7607, Magna Carta of Small Farmers, 4 June 1992 RA 7900, High Value Crops Development Act of 1995, 23 February 1995 RA 9168, Plant Variety Protection Act, 7 June 2002 RA 7308, Seed Industry Development Act of 1992, 27 March 1992 RA 7884, National Dairy Development Act of 1995, 20 February 1995 RA 8550, Philippine Fisheries Code, 25 February 1998 On Irrigation RA 6978, An Act to Promote Rural Development by Providing for an Accelerated Program within a 10-Year Period for the Construction of Irrigation Projects, 24 January 1991

Summary Review 193 On Trade RA 8178, Agricultural Tariffication Act, 28 March 1996 RA 8752, Anti Dumping Act of 1999, 12 August 1999 RA 8800, Safeguard Measures Act, 19 July 2000 RA 8751, Countervailing Duty Act of 1999, 7 August 1999 On Bio-Fuels RA 9367, Biofuels Law, 12 January 2007 and automatic appropriation of the ill-gotten wealth from President Ferdinand Marcos23 and his family. Philippine agricultural policy is enunciated in RA 8435 (Agriculture and Fisheries Modernization Act or AFMA), which aims to promote industrialization and full employment based on agricultural development and agrarian reform. The AFMA also clearly and unequivocally provided for self-sufficiency in food staples of rice and white corn and committed state support for these objectives. This law, similar to RA 6657 (CARL), built on the twin goals of achieving equity and agricultural productivity. These objectives were to be achieved taking into account market approaches to the development of the agriculture and fisheries sectors. The law also indicated a clear bias towards ensuring the welfare of food consumers particularly those in lower income groups. AFMA is supplemented by RA 8550 (Philippine Fisheries Code), RA 7607 (Magna Carta for Small Farmers), RA 7884 (National _______________
23

RA 6657, Section 65.

194 PAGKAIN SAPAT DAPAT Dairy Act), and RA 7900 (High Value Crops Act). All of these laws provide for state support to agriculture both as a means to ensure availability of food and as a means to increase incomes. Similarly, all these laws subscribe to the use of market forces with state support as the primary levers of development. These laws also provide for mechanisms for the involvement of stakeholders in the policy-development process.

Trade measures arose as a result of accession to the GATT 1994 package and the inclusion of agricultural products to the commitments under the GATT. The Philippines passed several laws that provide for trade remedies that can mitigate unfair trade practices of trading partners or react to sudden surges in imports due to the opening of the Philippines to imports. These laws24
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24

RA 8751 (Subsidies), RA 8752 (Anti-Dumping) and RA 8800 (Safeguard Measures)

Summary Review 195 came even later than RA 8435 (AFMA). The tariffication of quantitative restrictions in agricultural products similarly gave way to the passage of RA 8178 (Agricultural Tariffication Act). These laws were meant to protect local producers from the vagaries of liberalized trading in agricultural products. However, the Agricultural Tariffication Act had the effect of repealing laws that provided for prohibitions and quantitative restrictions on the importation of agricultural products 25 such as onions, potatoes, garlic, coffee, livestock, seeds, and tobacco. In general, the Agricultural Tariffication Act removed the protection granted to small farmers from importation of agricultural products that are produced in sufficient quantity.26 The Philippines also passed laws that sought to address the issue of development and intellectual property in seeds and planting materials. RA 7308 (Seed Industry Development Act) and RA 9168 (Plant Variety Protection Act) provided for means to develop the seed industry by providing incentives as well as protection to creators of new strains of plants. Food accessibility laws are laws that incorporate physical and economic access to food (see Table 2). Two Philippine laws27 recognize food physical accessibility but access is limited to enhancing the mobility of persons with disabilitiesand not to enhancing physical access to food, especially by those most vulnerable to hunger.
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25 26 27

See Section 4 of RA 8178. See Section 4 of RA 8178 in relation to Section 23(10) of RA 7607 BP 344 (Accessibility Law) and RA 7277 (Magna Carta for Disabled Persons).

196 PAGKAIN SAPAT DAPAT Table 2. Food Accessibility Laws On Physical Accessibility Batas Pambansa 344, An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to Install Facilities and Other Devices, also known as the Accessibility Law, 25 February 1983 On Prices RA 7581, An Act Providing Protection to Consumers by Stabilizing Prices of Basic Necessities and Prime Commodities and by Prescribing Measures against Undue Price Increases during Emergency Situations and Like Occasions, 27 May 1992 RA 71, An Act Requiring Price Tags to be Affixed on all Articles of Commerce Offered for Sale at Retail and Penalizing Violations of Such Requirement, 21 October 1946 RA 7394, Consumer Act of the Philippines (particularly Articles 81-84), 13 April 1992 On Wages and Employment PD 442 as amended, The Labor Code of the Philippines, 16 February 1976; amended by series of PDs, Batas Pambansa laws, EOs and RAs; see provisions in Title II, Book III on wages and Chapter 3, Title III, Book III on employment of house-helpers RA 6727, Wage Rationalization Act, 9 June 1989; Department of Labor and Employment Rules Implementing RA 6727, 7 July 1989, revised by National Wages and Productivity Commission of Department of Labor and Employment NWPC Guidelines No. 001-95, Revised Rules of Procedure on Minimum Wage Fixing, 29 November 1995

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RA 6971, Productivity Incentives Act of 1990, 22 November 1990; Department of Labor and Employment Implementing Rules RA 1161 as amended by RA 8282, Social Security Law of 1997, May 1, 1997 RA 8291, Revised Government Service Insurance System Act of 1977, 30 May 1997 RA 7658, An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings, Amending for this Purpose Section 12, Article VIII of RA 7610, 9 November 1993 RA 8042, Migrant Workers and Overseas Filipinos Act of 1995, 7 June 1995; Secretary of Foreign Affairs and Secretary of Labor and Employment Omnibus Rules and Regulations Implementing RA 8042, 29 February1996 On Income Generating Opportunities RA 7900, High Value Crops Development Act of 1995, 23 February 1995 RA 8289, Magna Carta for Small Enterprises, amending RA 6977, 30 September 1997 RA 8550, Philippine Fisheries Code, 25 February 1998. RA 7277, Magna Carta for Disabled Persons, 24 March 1992 RA 8371, the Indigenous Peoples Rights Act of 1997, 29 October 1997 RA 8972, Solo Parents Welfare Act of 2000, 7 November 2000 On Access to Credit RA 7394, Consumer Act of the Philippines, 13 April 1992 RA 7192, Women in Development and Nation Building Act, 12 February 1992 RA 8425, Social Reform and Poverty Alleviation Act, 11 December 1997

198 PAGKAIN SAPAT DAPAT Special Laws and Regulations for Those Most Vulnerable or in Special Situations RA 6972, Barangay-Level Total Development and Protection of Children Act, 23 November 1990 RA 7610, An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination Providing Penalties for its Violation and for Other Purposes, 17 June 1998 Rules and Regulations on Children in Situations of Armed Conflict, Secretary of Justice with conformity of Secretary of Social Welfare and Development, 21 January 1994. RA 9257, Expanded Senior Citizens Act of 2003, 26 February 2004; Department of Social Welfare and Development Rules and Regulations Implementing RA 9257, 25 May 2004 RA 8504, the Philippine AIDS Prevention and Control Act of 1998, 13 February 1998 Food economic accessibility is recognized in various laws on prices, income, access to credit, and special laws for those most vulnerable to hunger or in special situations Laws governing food prices do not significantly contribute to hunger mitigation. RA 7581 (Price Act) is a temporary special measure designed to keep food prices stable only during emergency situations.28 While the law allows the imposition of price ceilings on food staples under certain circumstances, the law is so vaguely written29 that
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28

Those brought about by natural disasters or calamities, or during the suspension of the privilege of the writ of habeas corpus, or during martial law, a state or emergency, or state of rebellion, or acts of war. 29 For example, price ceilings may be imposed whenever there are widespread acts of illegal price manipulation but when exactly does this condition exist?

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Department of Trade and Industry monitoring prices of commodities

it becomes virtually impossible to determine exactly when price ceilings should be imposed. RA 71 (Price Tag Law) merely requires that price tags be affixed to all articles of commerce offered for sale at retail outlets. In like manner, Articles 81 through 84 of RA 7394 (Consumer Act of the Philippines) mandate that no products may be sold at a price higher than what is stated in its price tag,which must be written clearly, without erasures or alterations. RA 7394 also stipulates additional label requirements for food products, such as its expiry date, processing status (i.e., semi-processed, fully processed, ready to cook, ready to eat, prepared food or plain mixture), nutritive value, and natural or synthetic ingredients used. Laws on wages and employment are generally unfavorable to workers. PD 442 as amended (Labor Code of the Philippines) statutorily sets minimum wage rates while RA 6727 (Wage Rationalization Law) sets the

200 PAGKAIN SAPAT DAPAT

A mass action for a minimum wage increase.

standards for increasing minimum wages. While statutorily setting minimum wages may contribute to easing hunger, this contribution is compromised when wage levels do not allow minimum wage earners the opportunity to access food. In addition, RA 6727 (Wage Rationalization Law) requires that wages be set as nearly adequate as is economically feasible to maintain minimum standards of living necessary for health, efficiency and general well being of employees within the framework of the national economic and social development program. Considering that information on food expenditures and family living wages are available to NWPC, it appears that when it comes to wage increases, other standards (i.e., fair return of capital invested, productivity and inducing industries to invest) weigh more heavily than the needs of workers and their families. More importantly, while minimum wage rates may be increased whenever conditions warrant,

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no additional wage increases are allowed for a period of one year from the date of increase; however, if prices rise faster than wages, as they most commonly do, the one year delay in setting wage increases could exacerbate the hunger situation among workers. Other laws generally unfavorable to workers include: RA 6971 (Productivity Incentives Act), which provides incentives to capital and ties productivity bonuseswhich are not salary increases-to increases in the companys productivity, resulting in limited contributions to hunger alleviation among wage earners; and RA 7658 (An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings), which allows the employment of children below the age of 15 only under two circumstances;30 because the law does not include provisions on who manages the childs income and how such income should be managed, it is not possible to determine the nature or extent of its influence over the hunger situation of working children. The authors also looked into three laws, which, while not directly related to the right to adequate food, impact nonetheless on it; these include RA 1161 as amended by RA 8282 (Social Security Law of 1997) and RA 8291 (Revised Government Service Insurance System Act of 1977), which deal more with the right to social security than with right to food; however, benefits under both
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30

When under sole responsibility of parents/legal guardian and only members of employers family are employed or where the childs employment or participation in public entertainment or information through cinema, theater, radio or television is essential.

202 PAGKAIN SAPAT DAPAT

programs may conceivably be used to address hunger; and RA 8042 (Migrant Workers and Overseas Filipinos Act), which contains contradictory state policies; while on the one hand it claims not to promote overseas employment, on the other hand, it encourages the deployment of Filipinos overseas. Such contradictory policy could indicate a bias towards promoting overseas employment opportunities rather than building domestic employment opportunities. The authors also reviewed laws that potentially provide income-generating opportunities, noting while these laws could contribute to easing the hunger situation, some contain inherent defects, while others require strict and effective implementation. The authors note, for

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example, that RA 7900 (High Value Crops Development Act of 1995) promotes agricultural productivity of high value crops for export to increase foreign exchange earnings of the country; while income generated from the cultivation of high value crops could conceivably ease the hunger situation among farmers, diverting agricultural lands from the production of food staples like rice and corn into high value crop production may compromise the availability of food. Among the income-generating opportunity laws requiring strict implementation are RA 8550 (Philippine Fisheries Code), which reserves fishery and aquatic resources for exclusive use of Filipinos and gives preference

204 PAGKAIN SAPAT DAPAT to municipal fisher folk in the grant of Fishpond Lease Agreements and access to municipal waters, fishery and aquatic resources, requires at least 10 percent of all credit and guarantee funds of government financing institutions to be made available for post harvest and marketing projects, mandates support for municipal fisher folk through various mechanisms and requires the formulation of a comprehensive post harvest and ancillary industries plan; RA 8289 (Magna Carta for Small Enterprises), which simplifies rules of procedure and requirements for the registration of small and medium scale enterprises and coordinates all efforts and services of government that focus on small enterprises, including development initiatives in terms of finance, technology, production, management and business linkages for globally competitive small and medium

Summary Review 205

scale enterprises, direct and indirect project lending, venture capital, financial leasing, secondary mortgage and/ or rediscounting of loan papers to small businesses; RA 7277 (Magna Carta for Disabled Persons), which reserves, for persons with disabilities, 5% of casual, emergency and contractual positionsnot regular or permanent positions in the Departments of Social Welfare and Development, Health, Education and other government agencies, offices or corporations engaged in social development; RA 8371 (Indigenous Peoples Rights Act of 1997), which recognizes the rights of indigenous peoples to water, basic services, health and infrastructure, and their rights to full ownership and control over indigenous seeds and other indigenous plant genetic resources; and RA 8972 (Solo Parents Welfare Act of 2000), which provides a comprehensive package of support facilities for disadvantaged solo parents, including livelihood development services for solo parents living below the poverty threshold.

206 PAGKAIN SAPAT DAPAT

Laws governing access to credit influence the hunger situation in limited ways since they do not actually enlarge access to credit. The authors considered RA 7394 (Consumer Act of the Philippines), which protects food consumers by mandating stricter standards governing credit transactions and practices, requiring full disclosure of all information required to allow consumers to make informed credit decisions, and providing avenues for consumer complaints related to credit transactions and practices; RA 7192 (Women in Development and Nation Building Act), which grants women the capacity (not the right) to borrow and obtain loans and execute security and credit arrangements under the same conditions as men, equal access to all government and private sector programs granting agricultural credit, loans and nonmaterial resources, and equal treatment in agrarian reform and land resettlement programs. This law does not include special credit quotas and other similar temporary special measures that will enhance womens access to credit;

Summary Review 207 and RA 8425 (Social Reform and Poverty Alleviation Act), which emphasizes the extension of credit facilities and microfinance to the poor, establishes a microfinance program, and requires existing government financing institutions to extend savings and credit services to the poor through special credit windows. Interestingly, this law, which creates the National Anti-Poverty Commission and serves as the countrys centerpiece law for poverty alleviation, does not include targeted temporary special measures to mitigate hunger among the poor such as feeding programs, food aid, food subsidies etc.

An urban poor community in Metro Manila, a clear manifestation of poverty in the country.

Special laws that help improve the hunger situation among those most vulnerable include: RA 6972 (BarangayLevel T otal Development and Protection of Children Act), which requires the establishment of day care centers in every barangay for children up to 6 years old with feeding programs within the center and at home, the conduct of growth and

208 PAGKAIN SAPAT DAPAT nutritional monitoring with supplementary nutrition feeding and supervision of nutritional intake at home, and the creation of a prenatal and neonatal care referral and support system for pregnant mothers; RA 7610 (Special Protection against Child Abuse, Exploitation and Discrimination Act), which explicitly declares deprivation of food a form of child abuse that carries criminal liability; and RA 9257 (Expanded Senior Citizens Act of 2003), which grants older persons discounts for basic commodities, including food.

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Special laws and regulations that could exacerbate the hunger situation of those most vulnerable include: the Rules and Regulations on Children in Situations of Armed Conflict, which allow government to prevent or limit the delivery of goods (including food items) into areas of armed conflict if the delivery will directly interfere with ongoing combat operations or will endanger the lives or safety of those delivering goods for no longer than three days, so long as the restriction will not lead to starvation of those inside combat areas; once combat operations cease, the Peace and Order Council is required to expedite the release of the goods. This may compromise the right to food of children in situations of armed conflict; and RA 8504 (Philippine AIDS Prevention and Control Act of 1998) and BP 344 (Accessibility Law), since neither law recognizes the right to food of persons living with HIV and persons with disabilities, nor contain provisions that could significantly influence the hunger situation of these vulnerable groups.

210 PAGKAIN SAPAT DAPAT

Food safety laws are laws on the nutritive quality of food, safety standards and regulation, and sanitation and ensure that food available for consumption contains enough nutritive values and is free from contaminants and other microorganisms (see Table 3). Two laws that deal with the nutritive quality of food have the potential to enhance food safety, if these are properly implemented. RA 7600 (Rooming-In and Breastfeeding Act) recognizes the right of the mother to breastfeed and the right of the child to mothers breast milk and requires all private and government health institutions that have adopted rooming in and breastfeeding practices to provide equipment, facilities and supplies for breast milk collection, storage and

Summary Review Table 3. Food Safety Laws

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On Nutritive Quality of Food EO 51, Adopting a National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Related Products, Penalizing Violations thereof and for Other Purposes, 20 October 1986 RA 7600, Rooming-In and Breastfeeding Act of 1992, 2 June 1992 RA 8172, An Act for Salt Iodization Nationwide, 29 December 1995; Implementing Rules and Regulations RA 8976, Philippine Food Fortification Act of 2000, 7 November 2000 On Safety Standards and Regulation RA 3720, An Act to Ensure the Safety and Purity of Goods, Drugs and Cosmetics being made available to the Public by Creating the Food and Drug Administration which shall Administer and Enforce the Laws Pertaining Thereto, 22 June 1963; amended by EO 175, 22 May 1987 RA 7394, Consumer Act of the Philippines, 13 April 1992 RA 7160, the Local Government Code of 1991, 10 October 1991; see Article 8, Title 5, Book III on powers and duties of Health Officer, including those related to sanitation EO 292, Revised Administrative Code of 1987, 25 July 1987; see Section 48 (4), Chapter 6, Title IV on specific functions of the National Meat Inspection Service (formerly Commission) EO 137, Providing for the Implementing Rules and Regulations Governing the Devolution of Certain Powers and Functions of the National Meat Inspection Commission to the Local Government Unit pursuant to RA No. 7160, otherwise known as the Local Government Code of 1991, 28 November 1993 On Sanitation RA 7160, Local Government Code of 1991, 10 October 1991; see Article 8, Title 5, Book III on powers and duties of Health Officer, including those related to sanitation.

212 PAGKAIN SAPAT DAPAT utilization. RA 8172 (Act for Salt Iodization Nationwide) requires all food grade salt producers and manufacturers to iodize the salt produced, manufactured, imported, traded or distributed in the country, to use iodized salt in the processing of food products, and to make iodized salt available in areas endemic to iodine deficiency disease. Two other laws, however, may need to be enhanced: EO 51 (Milk Code) has the potential to promote food safety, but a Supreme Court case, which allows the advertising, promotions and sponsorships of infant formula, breast milk substitutes and other related products,31 may compromise that potential. RA 8976 (Philippine Food Fortification Act of 2000) requires the fortification of food to compensate for inadequacies in the Filipino diet. Unfortunately, the law does not contain clear standards or criteria governing the selection of vehicles for voluntary food fortification, such as, for instance, requiring fortification only for food that already has some nutritional value or clearly identifying specific food that should not be eligible for fortification (for example, food containing high levels of fat, salt or sugar). Such standards would prevent indiscriminate marketing and promotion of fortified food products of questionable nutritional quality. Laws setting food safety standards include: RA 3720 (An Act to Ensure the Safety and Purity of Foods,
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31

Pharmaceutical and Health Care Association of the Philippines v. Health Secretary Francisco T. Duque III, et. al. G.R. No. 173074, October 9, 2007.

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Drugs and Cosmetics being made available to the Public by Creating the Food and Drug Administration which shall Administer and Enforce the Laws Pertaining Thereto), which requires the Bureau of Food and Drugs to collect, analyze, test and inspect food products and materials, establish analytical data, recommend standards of identity, purity, quality and fill of container, issue certificates of compliance with technical requirements, conduct spot checks for compliance, and regulate shipments of incoming food; RA 7394 (Consumer Act of the Philippines), which requires local government units to regulate the preparation and sale of meat, fresh fruits, poultry, milk, fish, vegetables and other foodstuff for public consumption, and various government agencies to inspect and analyze consumer products related to agriculture, establish standards and quality measures for food, and develop and adopt a consumer education program; RA 7160 (Local Government Code, Title 5, Article 8), which requires the Sangguniang Bayan and the Sangguniang Panlungsod to enact ordinances to regulate the construction and operation of public markets, slaughterhouses, and animal corrals and

214 PAGKAIN SAPAT DAPAT creates the position of veterinarian at the provincial, city and, if necessary, municipal levels; EO 292 (Revised Administrative Code of 1987, particularly Section 48 (4), Chapter 6, Title IV), which designates the National Meat Inspection Service to conduct actual ante mortem inspection of all animals presented for slaughter and post mortem inspection of all carcasses intended for human consumption in all abattoirs, and exercise overall supervision and control over the management and operations of all abattoirs, dressing plants, meat processing plants and meat markets; and EO 137 (Providing for the Implementing Rules and Regulations Governing the Devolution of Certain Powers and Functions of the National Meat Inspection Commission to the Local Government Unit pursuant to Republic Act No. 7160, otherwise known as the Local Government Code of 1991), which further clarifies the powers and functions of the National Meat Inspection Service by requiring it to exercise technical supervision over the establishment and operations of slaughterhouses and formulate policies, guidelines, rules and regulations setting quality and safety standards over the establishment and operations of slaughterhouses, the marketing, preservation, and inspection of meat and meat products, and the import and export of meat and meat products. The law on sanitation, RA 7160 (Local Government Code, Title 5, Article 8) directs local health officers to conduct sanitary inspections of all business establishments selling food and recommend the prosecution of any violation of sanitary laws, ordinances or regulations.

Summary Review Legal Framework Analysis: Findings

215

De los Reyes and Diokno (2008) assessed the Philippine legal framework, and looked into available recourse mechanisms, national human rights institutions, law-making process, and awareness of the right to adequate food. The authors found the Philippine legal framework governing the right to food falls short of the imperatives for realizing the right to food. The Philippine legal framework does not sufficiently incorporate human rights obligations arising from the right to food; neither does it heed the Right to Food Guidelines. The authors specifically found: 1. Lack of explicit recognition of the right to adequate food in the Philippine Constitution, thus resulting in weak Philippine legal framework. De los Reyes and Diokno (2008) found that the 1987 Philippine Constitution does not explicitly recognize the right to food but the right may be inferred from various human rights provisions and from the constitutional intent to address mass poverty, such as provisions mandating

216 PAGKAIN SAPAT DAPAT policies to improve the quality of life for all,32 foster social justice,33 promote agrarian reform,34 and recognize the rights of subsistence fishermen to the preferential use of communal inland and offshore marine and fishing resources.35 The authors point out: If the right to food is inferred from various constitutional provisions, a Supreme Court decision weakens the right by ruling that some human rights are not judicially enforceable rights. In Tondo Medical Center Employees Association, et. al. v. The Court of Appeals, et. al.,36 the Supreme Court ruled that several provisions of the 1987 Constitution37 are not judicially enforceable rights. These provisions, which merely lay down a general principle, are distinguished from other constitutional provisions as non-self-executing and, therefore, cannot give rise to a cause of action in the courts; they do not embody judicially enforceable constitutional rights. Thus, the authors conclude: the Constitutions failure to explicitly recognize the right to food and the suggested Guidelines for legislation, weaken the legal framework governing the right to food.
_______________
32

Section 9, Article II in relation to Section 1, Article XII, 1987 Philippine Constitution. 33 Section 10, Article II in relation to Sections 1 and 3, Article XII, 1987 Philippine Constitution. 34 Section 21, Article II in relation to Sections 4, 5 and 6, Article XIII, 1987 Philippine Constitution, 35 Section 7, Article XIII, 1987 Philippine Constitution. 36 G.R. Number 167324, 17 July 2007. 37 Rights to health, education, work, and rights of the family, youth, workers, and persons with disabilities.

Summary Review 217 2. Lack of national food policy to serve as overarching framework to address hunger, thus resulting in incoherent, non-complementary and even conflicting Philippine legal framework. De los Reyes and Diokno (2008) evaluated 47 Philippine laws affecting food availability, food accessibility, and food safety. The authors assessed the compatibility of these laws with international human rights obligations and looked into related implementation issues. The authors found that despite the vast number of laws and Constitutional provisions, the country has not adopted a national food policy that could serve as its overarching framework to address hunger. The lack of a national food policy explains why the Philippine legal framework is not coherent, not complementary, and at times, even conflicting. The authors found that the Philippine legal framework is a good base upon which to ensure availability of food, but it does not increase physical access to food, and its contributions towards strengthening food economic accessibility are marginal, at best. The most positive aspect of the food legal framework is its emphasis on improving food safety.

218 PAGKAIN SAPAT DAPAT On the extent of compatibility with human rights obligations, the authors found mixed results: some laws were compatible with some obligations, while others were not. The obligation of progressive realization38 was partially complied with, but the steps taken are clearly insufficient to alleviate the hunger situation in the country. In the area of food prices, for instance, the laws only really mandate the use of price tags, while defects in laws relating to income generating opportunities could nullify steps taken to progressively realize the right to food. Core obligations are not adequately addressed; While some laws may be compliant with core obligations,39 other laws are clearly incompatible with core obligations.40
_______________
38

Among the steps taken are: crafting a land reform law, facilitating mobility for persons with disabilities; providing limited employment and income opportunities for persons with disabilities; requiring the use of price tags; stabilizing prices in emergency situations; creating a social security regime for employees in the public and private sectors; requiring growth and nutritional monitoring; enhancing access to credit; supporting the development of small and medium scale industries; guaranteeing the rights of indigenous peoples; reserving fishery and aquatic resources for the exclusive use of Filipinos, with priority given to municipal fisher folk; developing a comprehensive program of services for solo parents and their children; promoting breastfeeding, food fortification, salt iodization, and establishing food regulatory, sanitation and inspection systems. 39 For example, the Barangay-Level T otal Development and Protection of Children Act, which requires a feeding program at the barangay level, the Philippine Fisheries Code, which reserves marine resources for municipal fisher folk, the Expanded Senior Citizens Act, which grants discounts to the elderly, including special discounts for the purchase of basic necessities, and the Milk Code and the Rooming-In Act, which promote breastfeeding. 40 The minimum wage law does not appear to comply with core obligations to ensure freedom from hunger for minimum wage earners and their families in the 6th and 7th income deciles who rely solely on minimum wages for survival. The prohibition against night work for women likewise does not appear to comply with the obligation to ensure that women are free from hunger.

Summary Review

219

Compliance of other laws41 with core obligations depends to a large degree on their interpretation and implementation. There are isolated laws42 that incorporate aspects of obligations of equality and nondiscrimination. This is notable in the selection of women as agrarian reform beneficiaries and in the clear bias of the agrarian reform program to be gender sensitive in providing for women as farmer-beneficiaries. But, there are laws that discriminate against women and adversely impact on their hunger situation.43 The legal framework
_______________
41

For example, the social security laws, the Labor Codes provision requiring that wage adjustments for house helpers be undertaken by agreement of the parties, the law tying bonuses to increases in business productivity, and the law promoting agricultural productivity of high value crops. 42 For example, the Labor Code prohibits discrimination of women in the payment of compensation, and the grant of promotions, training opportunities, study and scholarship grants by virtue of their sex, pregnancy or marital status. The Migrant Workers Overseas Filipinos Act affirms the fundamental equality of women and men and requires the application of gender sensitive criteria in formulating policies and programs and in the composition of bodies tasked for the welfare of overseas Filipino workers. The Indigenous Peoples Rights Act prohibits discrimination against indigenous peoples and recognizes the equal rights of indigenous women. The Women in Development and Nation Building Act recognizes the role of women in nation building and ensures fundamental equality of women and men. The Special Protection of Children against Child Abuse, Exploitation and Discrimination Act pays special attention to children of indigenous peoples and prohibits any form of discrimination against children. The law on HIV/AIDS prohibits the denial of access to credit and loan services to any person on the basis of actual, perceived or suspected HIV status, provided the person with HIV/AIDS has not concealed or misrepresented his/her status upon application. The Solo Parents Act prohibits discrimination against any solo parent on account of his/her status. 43 A provision in the Labor Code prohibits women from working at night; this is tantamount to outright discrimination against women and a diminution of womens access to food. Also while RA 8187 amending the Labor Code grants paternity leave, it limits paternity leave only to married male employees, which is likewise discriminatory. In addition, many food accessibility laws do not require womens participation in various boards or agencies created by law.

220 PAGKAIN SAPAT DAPAT does not consider gender factors and issues affecting food production, purchase, preparation, consumption and distribution within the household. Relevant laws do not recognize that women primarily take care of feeding their families and so do not value womens productive and household work and do not recognize the multiple burdens carried by women. Because the laws appear to be gender blind, implementation issues arise, including lack of preferential treatment or quota systems for women fishers and women farmers especially in the grant of titles, leasehold agreements, credit, microfinance, access to pre- and post-harvest facilities, marketing, technology transfer, capital, fishing gear or equipment, lack of information targeting addressed to women, non-inclusion of women in various councils and boards created to address hunger, and requirements such as husbands signature to access credit. The Philippine legal framework does not incorporate obligations of international cooperation, reflecting a lack of appreciation of the importance of these kinds of obligations in addressing the hunger situation in the country. The obligation to respect is not highlighted in the Philippine legal framework. Incorporating the obligation to respect the right to food would enhance the Philippine legal framework because it would then stipulate prohibited actions that encroach upon the integrity and rights of all, especially those most vulnerable to hunger. The obligation to respect the right to food may be seriously affected by the implementation of the Biofuels Act if its

Summary Review 221 implementation is not integrated into an over-all agricultural policy plan. The obligation to protect is most incorporated in the Philippine legal framework which is replete with provisions listing offenses and corresponding penalties, administrative sanctions, due process requirements, and available recourse mechanisms.44 The obligation to fulfill (facilitate) is incorporated in the Philippine legal framework through information dissemination, provision of incentives, appropriate technology and research, credit, production and marketing assistance, discounts for senior citizens, conduct of independent and periodic surveys and
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44

For example, by punishing discrimination, imposing price ceilings in times of emergency, prohibiting other forms of payment of wages, prohibiting interference in the disposal of wages, prohibiting wage deductions unless mandated by law, prohibiting retaliatory measures against employees who file complaints against their employers, penalizing illegal acts of price manipulation, vesting the Department of Labor and Employment with visitorial and enforcement powers, providing indemnity for unjust termination of household services, penalizing fraudulent claims for social security benefits, punishing illegal recruitment, punishing child abuse, creating standards to govern credit transactions and practices, establishing and enforcing standards for high value crops, imposing administrative sanctions and penalties on lending institutions for non compliance with the law, requiring free and prior informed consent before access to biological and genetic resources and to indigenous knowledge related to conservation, utilization and enhancement of resources, regulating access to fishery and aquatic resources, requiring monitoring, control and surveillance systems for fisheries and aquatic resources, limiting entry into over-fished areas, banning disposition or alienation of public lands suitable for fishery, penalizing illegal fishing acts etc., mandating quality assurance and safety standards (including weights, volume, fill standards, food grade iodized salt standards, etc.), regulating the sale and distribution of food and of abattoirs, monitoring food products, requiring the conduct of inspections and the issuance of safety certifications, clearly defining adulterated and mislabeled food, unsafe food additives, deceptive food advertising etc.

222 PAGKAIN SAPAT DAPAT studies on selling prices of basic necessities and prime commodities and their impact on family income, requiring employers to give house helpers below 18 years of age the opportunity to finish at least elementary education, requiring compulsory membership in social security programs for both public and private employees, and simplifying procedures and requirements for the registration of small and medium scale industries. This obligation is also highlighted in the protection against the diversion of agricultural land to non-agricultural uses. However, the agrarian reform law emphasizes zoning over and above actual use of the land in determination of exempted land.45 This has led to large tracts of land devoted to agricultural use being excluded from coverage under the law and consequently being diverted to nonagricultural use. The obligation to fulfill (provide) is also found in the Philippine legal framework through the implementation of feeding programs for children in barangay day care centers and at home, and the provision of free iodized salt to indigents in 6th class municipalities for three years from the date the law became effective.46 The authors also compared the Philippine legal framework against the Right to Food Guidelines, and found in general, the Philippine legal framework falls short of the Guidelines. The authors assessment is presented in Table 4.
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45 46

See DOJ Opinion 44 Series of 1990. RA 6972, Barangay Level Total Development and Protection of Children Act and RA 8172, Act for Salt Iodization Nationwide.

Summary Review

223

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47

De los Reyes and Diokno (2008) considered implementation issues relating to food safety, food availability and food accessibility laws in the Philippines. The authors could not find any data on the implementation of food safety laws. The authors note that while the regulatory framework for processed foods is largely in place, the regulation of food to ensure its safety is lodged with different agencies of government,47and the regulation and monitoring of unprocessed food sourced from local wet markets is largely left to the local government units. The authors recognize current initiatives of the Department of Health to coordinate a food safety framework that will allow the department to be able to track the different initiatives. On food availability issues, the authors primarily looked into the agrarian reform laws and AFMA. The authors note: the redistribution of land under the agrarian reform program remains an unfinished program after more than thirty-six years.48 Access to land of farmers tilling or working on private agricultural land

See Philippine Food Safety Framework. Submitted to the ASEAN Food Safety Network. Accessed on August 6, 2008 at http:// aadcp.aseanfoodsafetynetwork.net/Portals/0/Documents/PHILIPPINE%20FOOD%20SAFETY%20FRAME WORK.pdf 48 This is reckoned from October 21, 1972 upon the passage of Presidential Decree 27(1972).

Table 4. Legal Framework Assessment Based on Right to Food Guidelines Assessment

Voluntary Guidelines

2.2

Assessment of economic and social situation Not fully including nutrition and compliant food safety in consultation with key stakeholders

Assessment under Philippine laws does not require consultation with key stakeholders, and is primarily undertaken by public agencies with some private sector representation

224 PAGKAIN SAPAT DAPAT

3.4

Adoption of national poverty reduction strategy Not fully that specifically addresses compliant access to adequate food Partly compatible Not fully addressed

Social Reform and Poverty Alleviation Act, the countrys national poverty reduction law, does not specifically address access to food, and adopts and implements minimum basic needs approach Constitution and laws do not clearly and explicitly recognize right to adequate food Laws have only limited potential to contribute to progressive realization of the right to adequate food

Legal framework

7.1

Facilitation of progressive realization of right to adequate food

7.2

Remedies

Addressed with reservations

Remedies incorporated in most laws; AFMA contains provisions on legislative oversight but manner of implementation not reviewed in accord with explicit recognition of right to adequate food so measuring compliance with state obligations problematic; recourse mechanisms severely lacking in ensuring state compliance with obligations, but mechanisms for protection of individuals from acts of other non-state actors well developed Laws only require information dissemination of rights of persons with disabilities or food safety issues and concerns and related offenses and penalties No law specifically enhancing access to food by women heads of households

7.3

Information on rights and remedies

Not addressed

Summary Review 225

7.4

Access by women heads of households to poverty reduction and nutrition security programs and projects Not addressed

226 PAGKAIN SAPAT DAPAT

8 and 8.1 Partially consistent

Access to resources and assets

Philippine Fisheries Code gives priority to municipal fisher folk, including women and youth; Indigenous Peoples Rights Act recognizes rights of indigenous peoples to full ownership, control and protection of, among others, plant genetic resources, seeds, vital medicinal plants, animals and minerals, etc.; High Value Crops Development Act focuses on upland dwellers, lowland tenants, indigenous peoples, agrarian reform beneficiaries, farmer organizations or cooperatives, farm workers and community associations; Philippine legal framework also provides mechanisms allowing landless farmers access to land they can productively till and exploit

8.2

Access of vulnerable persons to opportunities and economic resources Limited; negated

While there are laws for indigenous peoples, women, solo parents, older persons, persons with disabilities and persons living with HIV, these laws do not recognize their

right to adequate food, so address food access issues in very limited ways; effects of Agricultural Tariffication Act doubleedged as it exposed small farmers to vagaries of trade liberalization by allowing importation of agricultural goods at same time created Agricultural Competitiveness Enhancement Fund for increasing productivity of small farmers; full effect of twin measures calls for quantification of net effect on small farmers

Summary Review

8.4

Promotion of agricultural research and development and basic food production with positive effects on basic incomes and benefits to small and women farmers Not addressed Not addressed

Labor Code provision prohibiting night work for women diminishes womens access to food

8.5

Access by medium and small scale farmers to research results enhancing food security

227

8.6

Improving access to labor market

Not addressed

228 PAGKAIN SAPAT DAPAT

8.7

Promotion of womens full and equal participation in economy and implementation of gender sensitive legislation Partially addressed

Philippine Fisheries Code includes provisions granting access by women to fishery and aquatic resources, and Migrant Workers Overseas Act requires application of gender sensitive criteria in policies and plans for overseas Filipino workers

8.8

Mechanisms of access and appropriate use of agricultural land directed to poorest populations Addressed

Various mechanisms instituted by laws including technology transfer, access to credit, cooperative systems, grant of incentives, etc.

8.9

Remuneration allowing for an adequate standard of living for rural and urban wage earners and their families Not addressed

8.10

Land

Generally fulfilled

Implementation of agrarian reform program providing security of tenure to tenants and allowing landless farmers, including women, to own land redistributed by State; women specifically allowed to be beneficiaries in their own right

8.11

Water

Fulfilled

Irrigation Development Act provides infrastructure to ensure water availability for farmers, but must be balanced by policies providing for safe drinking water and need for power; tug-of-war in use of water must be addressed to satisfy contending needs

Summary Review

8.12

Genetic resources for food and agriculture

Partially fulfilled

While Plant Variety Protection Act subject of criticism for integrating agriculture into a commercial relationship insofar as planting materials are concerned, it still provides for use and recognition of traditional varieties of seeds that may protect genetic resources for food and agriculture

229

9, 9.1 Food safety and consumer and protection 9.2

Generally compliant

230 PAGKAIN SAPAT DAPAT

9.3

Elimination of gaps and overlaps in inspection systems and in legislative and regulatory framework and use of scientific food standards Generally compliant

9.4

Establishment of national coordinating committee for food Generally compliant

_______________

Food safety laws designate Bureau of Food and Drugs to undertake food products analysis, inspection and certification using scientifically based standards, including Codex Alimentarius standards; National Meat Inspection Service tasked to undertake meat/fowl inspections and issue safety certifications; provincial veterinary officer responsible for meat/fowl regulation under supervision of National Meat Inspection Service; and local public health officer responsible for sanitation inspections National Nutrition Council established as highest policy making and coordinating body on nutrition, tasked, among others to supervise, coordinate and evaluate the implementation of the integrated Philippine Food and Nutrition Program49

49

Section 5, Presidential Decree 491, Creating a National Nutrition Council and For Other Purposes.

9.5

Partially fulfilled

AFMA provides policy framework for extension support to farmers and processors of food

9.6

Compliant

9.7 Not addressed Partially compliant

Assistance to farmers and primary producers to follow good agricultural practices Education on safe practices for food manufacturers and consumers and information dissemination on food safety concerns Protection of consumers from deception and misrepresentation Compliant

9.8

Summary Review 231

9.9

International assistance and cooperation Participation of key stakeholders in food policy discussions

While many laws establish various bodies, laws do not specifically designate participation by those most vulnerable to hunger

10

Nutrition

Compliant with some provisions Compliant Food fortification and salt iodization adopted by law

10.1

Dietary diversity and healthy eating habits and feeding patterns

232 PAGKAIN SAPAT DAPAT

Prevention of over10.2 consumption and and unbalanced diets; Cultural Compliant 10.10 values of dietary and eating habits Compliant

Some laws require food education and information dissemination

10.7

Parallel action in health, education and sanitary infrastructure Inconsistent

Other laws require inclusion of consumer education program in curricula of elementary and secondary levels and for out-of-school youth Laws do not require full participation of all key stakeholders

10.3

Involvement of all relevant stakeholders

10.5

Promotion and encouragement of breastfeeding Inconsistent

Milk Code and Rooming In laws were adopted, but ban on advertising breastmilk substitutes invalidated by Supreme Court

10.6

Inconsistent

Information dissemination requirements included in Milk Code but there is no information requirement on breastfeeding and HIV infection

10.4 Not addressed Not addressed

Not addressed AIDS law does not address food and nutritional needs of persons living with HIV

10.8

Summary Review

10.9 Partially addressed

233

11

Information on feeding of infants and young children, including issues regarding breastfeeding and HIV infection Specific food and nutritional needs of persons living with HIV Eradication of discriminatory practices Recognition of food as important aspect of culture Education and awareness raising

11.1 and 11.2 Addressed

Human resource development; primary education opportunities especially for girls and women

Indigenous Peoples Rights Act, Philippine Fisheries Code, Solo Parents Act, and Article 146 of Labor Code on employment of house helpers include support for human resource development

234 PAGKAIN SAPAT DAPAT

11.3

Agricultural and environmental education

Partially addressed

Agricultural and environmental education not required by relevant laws, but consumer education required at primary and secondary levels of public education

Higher education; information to support 11.4 public participation; to improvement of housing 11.11 conditions; human rights education; right to food training and awarenessraising; capacity building Not addressed

Summary Review

235

remains unreachable to around 1.4 million beneficiaries50 working on 1.8 million hectares of land. This has seriously impaired the availability of food to these beneficiaries and greatly affected their capacity to earn incomes that will allow access to food resources. The authors also recognized the serious setbacks in the implementation of the Agriculture and Fisheries Modernization Act (AFMA): 1. The budget by components (in percentage terms) was not followed; 2. There was bias for production-support, and less and less in marketing, R & D, human resources development and inter-agency linkages; 3. There was little concern for regional priorities; 4. The need for sound criteria for project selection was not explicit; 5. The role of private investments in growth and job creation was not explicit; and 6. Program benefit monitoring and evaluation (PBME) was severely inadequate which, in part, affected the effectiveness of the Review Team to conduct deeper analyses.51 _______________
50

Department of Agrarian Reform Planning Service, CARP Summary of Data, (Unpublished presentation, December 2007) 51 Roland T. Dy et al, Modernizing Philippine Agriculture and Fisheries, The AFMA Implementation Experience, (University of Asia and the Pacific and Congressional Oversight Committee on Agricultural and Fisheries Modernization, National Agricultural and Fishery Council, Center for Research and Communication, Sikap/STRIVE Inc, Quezon City, Philippines, 2008), page xlix. Hereinafter referred to as The AFMA Study.

236 PAGKAIN SAPAT DAPAT

In addition, the authors recognized that nonimplementation of the key provisions, primary of which is the budget allocation to agriculture and fisheries, has typified the neglect to agriculture. The authors saw the dysfunction between the policy of the government to increase agricultural productivity and the agrarian reform program. The authors also recognized policy controversies between laws on agricultural productivity and agrarian reform on the one hand, and laws on agricultural tariffication, support for biofuels, international trade, incentives to agricultural production (including fiscal incentives), and intellectual property, on the other hand. The authors strongly urged harmonization of these dysfunctions. But, at the same time, the authors also urged clearer policy directions, including appropriate budget support to ensure food availability. The authors stress: While market forces will primarily determine the allocation of resources, government must institute the

Summary Review

237

policy directions to ensure that the availability of food is not impaired. On food accessibility issues, the authors zeroed in on the lack of clarity of food economic accessibility laws, particularly the Price Act, and noted that, as a result of vague provisions, prosecution under this law has been very hard and its enforcement is similarly difficult. The Price Act penalizes three acts of illegal price manipulation (hoarding, profiteering and the act of forming a cartel) but the law does not contain clear standards to effectively prosecute anyone for any of these acts. For example, the law defines hoarding as maintaining stocks beyond normal inventories; the law says that evidence sufficient to prove hoarding consists of instances where inventories increase by 50 % more than the usual level of inventory and the merchant refuses to sell the stock upon discovery. No other standards exist to properly identify hoarding, and prosecute hoarders. The same vagueness attaches to the definitions of profiteering and forming a cartel. In addition, the authors noted that implementing the Price Act would result in a logistical nightmare that calls for massive administrative capabilities. While implementation is lodged with various agencies, there is no dedicated agency that fulfills this function except the Department of Trade and Industry.

238 PAGKAIN SAPAT DAPAT The authors recognize that the Price Act seeks to control prices and availability under emergency conditions that do not contemplate situations that are brought under the normal course of price increases in basic commodities that affect the most vulnerable. Arguably, the Price Act may allow the determination of a price ceiling in cases of unreasonable increases in prices.52 However, the determination of price ceilings is still by and large subject to market forces. The authors acknowledge the lack of a law mandating direct food provision to those most vulnerable. Despite the absence of a law, the authors noted the Ahon Pamilyang Pilipino Program (APP) of governmentessentially a cash transfer program conditioned on the fulfillment of several requirements by qualified families or members of the families. Some of these requirements are enrollment in schools, attending family planning classes or regular preventive check-ups. The authors noted that the program is currently not covered by any legislation and has been criticized as an expenditure that is not rooted in any budgetary allocation. Without necessarily examining this legal issue, it is sufficient to state that the APP is a transitory and unprogrammed activity. This is a program of the current administration and
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52

See Section 7 of RA 7581.

Summary Review

239

thus raises concerns. Foremost among these is the issue of accountability and continuity as a program. The provision of these cash transfers may not survive beyond the current administration. The lack of a clear legal basis also makes it difficult for the rights-holders to demand the continued provision from the State. Finally, the assessment of the program similarly lacks any basis beyond the program documents. This does not mean that the program itself is unsound or should not be undertaken. It simply means that the lack of a clear legal basis breeds uncertainty in assessing the legal framework. This also precludes enforcement under the judicial system to provide for adequate food to the most vulnerable groups. 3. National budget does not reflect bias for addressing hunger situation, thus causing issues of poor performance in implementation of the laws coupled with a failure to harmonize conflicting policies. De los Reyes and Diokno (2008) also looked into the impact of the national budget on the right to adequate food, since it reflects the extent of government spending to address the hunger situation in the country. Based on a line item analysis, the 2007 national budget was reclassified by human right and function. The authors found that the right to food is among the countrys lowest priority areas for national spending, while debt service interest payments constitute the second largest share of the 2007 national budget. The lack of priority given by the national budget to the right to food does not indicate a bias towards alleviating the hunger situation in the country.

240 PAGKAIN SAPAT DAPAT

The authors disaggregated right to food allocations by typology of obligations, and found that government was more concerned with allocating funds to enable it to comply with its obligations to fulfill (facilitate) the right to food, which received the largest share (89.47%) of total food allocations. 8.52% of total food allocations were allotted to enable government to fulfill (provide) the right to food. Obligations to protect the right to food were least funded, receiving only 1.25% of total food allocations. The authors also disaggregated these allocations by normative element, and found that ensuring food physical accessibility appears to be the highest priority of government spending, as this received more than half (55.14%) of total food allocations. Onethird (33.56%) of total food allocations was allotted to food availability, 10.15 % to food economic accessibility, and less than one half of one percent (0.40%) to food adequacy and safety. The authors also compared budgetary allocations over three years, and found that allocations for the right to food decreased in 2006 by 8.41 % then increased in 2007

Summary Review

241

by 15.22 %. From 2005 to 2007, budgetary allocations for the right to food increased by 5.52 %. As a share of the countrys total budget, however, budgetary allocations for the right to food actually decreased from 7.41 % in 2005 to 6.57 % in 2007. 4. Recourse mechanisms to vindicate violations of right to adequate food in place but may be negated; mechanisms to enforce fulfillment of state obligations inexistent. De los Reyes and Diokno (2008) also reviewed the countrys available recourse mechanisms, classifying them into three main forms of action. The first is forcing the state to fulfill its obligations by undertaking programs or allocating resources to implement the right to food. The second is to prevent the state from

242 PAGKAIN SAPAT DAPAT engaging in acts that may violate the right to food. The third measure is to use the enforcement mechanisms of the state to protect an individuals right to food that may have been violated by another individual or juridical entity. The authors found loopholes and pitfalls in the recourse mechanism to compel the state to implement its fulfillment-bound obligations, as this would require a discovery process that will inquire into the circumstances behind governments decision or inaction, but because the concept and doctrine of executive privilege has been rapidly expanding, attempts at discovering the reasons or the basis of proposed policies will be extremely difficult. The authors also found that forcing the legislature to allocate resources is also doubtful, citing a Supreme Court case holding that the act of the executive to pursue an automatic appropriation for payment of the debt in the budget submitted to Congress was simply in compliance with such law. Without the Court explicitly saying so, the wisdom of allocation of resources of the State is a function that is a political decision of the executive branch and the legislature. Thus, the authors doubted whether any recourse mechanisms under the judicial system to force the state to allocate resources or

Summary Review 243

undertake an act in pursuance of the right to adequate food under the ICESCR, the Right to Food Guidelines, or Optional Protocol, will prosper under the current jurisprudence. The authors also believe that cases seeking to enforce the obligation of progressive realization had doubtful chances of success. As far as the second form of recourse mechanism is concerned (e.g., seek[ing] to prevent the government or its agents from violating the economic, social or cultural rights of individuals), the authors acknowledged that the Supreme Court had enforced economic, social and cultural rights on various occasions. The authors found that where cases involved claims of violations of economic, social and cultural rights based on a law, acts of the government or its agents have been proscribed based on the clear standards of the statute. But cases involving violations of economic, social and cultural rights based solely on constitutional provisions had lesser chances of being proscribed. The authors found that the third form of recourse mechanism (e.g., to prevent third parties from violating

244 PAGKAIN SAPAT DAPAT the right to adequate food) is well enshrined in the Philippine system. By way of example, the authors noted: violation of access to land under the agrarian reform law may be prevented by using the quasi-judicial powers of the Department of Agrarian Reform, and violations of food safety laws may be redressed through, among others, the withdrawal of authorization for the manufacture, importation and distribution of food injurious to human health, criminal prosecution of violation of food safety laws aside from withdrawal of products from the market, suits for damages over and above the remedies under the Revised Penal Code and food safety laws, etc. The authors stress: The main barrier to the use of these mechanisms is the larger issue of access to justice. This may take the form of financial barriers that prevent the engagement of advocates or the opportunity cost that such a suit will entail. This is similarly compounded by the inefficiencies in the judicial system attributed to heavy caseloads, severe lack of lawyers and a failure in case flow management. 5. National human rights institutions contribute little to address hunger and provide redress for breaches of the right to adequate food, due in large measure to limitations in mandates. De los Reyes and Diokno (2008) also looked into the roles, mandates and activities of the Commission on Human Rights and the Office of the Ombudsman. The authors found that limitations in their mandates or lack of integration of their mandates to the right to

Summary Review 245

food result in insignificant contributions to address the hunger situation in the country, and vindicate breaches of the right to food. The Commission on Human Rights is primarily mandated to investigate cases involving violations of civil and political rights.53 The Supreme Court expressly ruled that the Commissions investigative power [is limited] to only all forms of human rights violations involving civil and political rights.54 As a result and because the right to adequate food is an economic, social and cultural right, the Commission is excluded from investigating any violations of the right to adequate food. While the Constitution limits the Commission on Human Rights mandate to investigate civil and political rights, the Constitution does not, however, similarly limit its
_______________
53 54

Section 18, Article XIII, 1987 Constitution. Citing Simon v. Commission on Human Rights, G.R. No. 100150, 5 January 1994; Cario v. Commission on Human Rights, G.R. No. 96681, 2 December 1991; and Export Processing Zone Authority v. Commission on Human Rights, GR No. 191476, 14 April 1992.

246 PAGKAIN SAPAT DAPAT

recommendatory, research and monitoring powers. Hence the Commission undertook a project to develop a common framework for monitoring governments compliance with its obligations on the right to food.55 The Commissions project involved the correlation of right to food obligations with government agencies, the identification of sets of indicators on food adequacy, food sustainability, food availability, food accessibility, and food safety, and corresponding responsible agencies. No performance indicators were set to measure food acceptability. This project appears to be the only activity the Commission has undertaken to promote the right to food in the country. The Office of the Ombudsman is mandated to investigate all kinds of malfeasance (wrongful or unlawful act) and nonfeasance (failure to act when a duty to act existed) committed by any public officer or employee during his/her tenure of office (including acts that appear illegal, unjust, improper or inefficient, non-performance of any act or duty required by law, abuse or impropriety in the performance of official duties) and determine causes of inefficiency, red tape, mismanagement, fraud, and corruption in government.
_______________
55

Commission on Human Rights, Indicators on the Right to Food, A Terminal Report on the Pilot-Study: Rights-Based Indicators on Selected Economic, Social and Cultural Rights prepared by the Government and Linkages Office (GovLink), Commission on Human Rights of the Philippines, undated.

Summary Review 247 The Office of the Ombudsman is governed by Republic Act 6770.56 This law expands to some degree the powers, functions and duties of the Office.57 However, this law does not directly link these powers to human rights obligations, much less to those related to the right to food. Because of this, statistics provided by the Office do not provide sufficient basis to determine whether it investigates public officials who may be remiss in their duties related to the right to food. 6. Law making process leaves much to be desired. De los Reyes and Diokno assessed 37 laws to determine the extent to which human rights principles of participation, accountability, nondiscrimination,
_______________
56

An Act Providing for the Functional and Structural Organization of the Office of the Ombudsman and for Other Purposes. 57 For example, the law grants the Office of the Ombudsman primary jurisdiction over cases cognizable by the Sandiganbayan and disciplinary authority over all elective and appointive officials of the government, including Cabinet members, local government, government-owned and controlled corporations, and their subsidiaries, except government officials who may be removed only by impeachment, members of Congress and the judiciary.

248 PAGKAIN SAPAT DAPAT transparency, human dignity, empowerment and rule of law were incorporated in law-making at the House of Representatives. In general, the law making process fails to meet these principles. The authors found that participation in law making was determined by invitations extended by the relevant committee. Efforts to reach out to those most vulnerable to hunger were largely dependent on the nature of the bill. Of the 37 laws assessed, participation of those most vulnerable to hunger (i.e., farmers, agricultural workers, fisher folk, workers, persons with disabilities, older persons, women, children and the urban poor) was evident in the formulation of 9 laws.58 Those most vulnerable to hunger were under-represented, raising questions about the participatory nature of law making. The authors also found that womens rights advocates were present at the committee meetings on 2 laws59 while child rights advocates were present at the committee meetings on 2 laws.60 Consumer groups

_______________
58

RA 8178 (Agricultural Tariffication Act); RA 8550 (Philippine Fisheries Code); RA 7900 (High Value Crops Development Act); RA 6982 (Social Amelioration Program in Sugar Industry); RA 7277 (Magna Carta for Disabled Persons); RA 6727 (Wage Rationalization Act); RA 7658 (An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings, Amending for this Purpose Section 12, Article VIII of Republic Act 7610); RA 8425 (Social Reform and Poverty Alleviation Act); and RA 9257 (Expanded Senior Citizens Act of 2003). 59 RA 6972 (Barangay Level Total Development and Protection of Children Act) and RA 7192 (Women in Development and Nation Building Act). 60 RA 6972 (Barangay-Level Total Development and Protection of Children Act) and RA 7610 (An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination Providing Penalties for its Violation and for Other Purposes).

Summary Review 249 were represented at the committee meetings on 3 laws.61 Private sector representatives (i.e., investors, manufacturers, retailers, fishpond owners, importers, traders, flour and sugar millers, seed, wheat and grains producers, representatives from the steel industry, tin industry, petroleum industry and glass industry, and representatives of chambers of commerce) participated in the deliberations of 14 laws.62 Departments and agencies of government and government-owned and controlled corporations participated in the formulation of practically every law adopted by the House of Representatives. On accountability, the authors were not able to identify [legislators] financial and business interests and assess the extent to which these interests influenced the laws as copies of the Statements of Assets, Liabilities and Net Worth of legislators who deliberated and acted on these laws were not made available to them. The authors, however, found: There is no standard number of committee meetings required to deliberate on and approve a bill. Some laws were passed after only one
_______________
61

RA 7394 (Consumer Act of the Philippines); RA 7581 (Price Act); and RA 8172 (Act for Salt Iodization Nationwide). 62 RA 6978 (Accelerated Program for Construction of Irrigation Projects); RA 7308 (Seed Industry Development Act); RA 8800 (Safeguard Measures Act); RA 8178 (Agricultural Tariffication Act); RA 8550 (Philippine Fisheries Code); RA 8752 (Anti-Dumping Act); RA 6982 (Social Amelioration Program in the Sugar Industry); RA 7581 (Price Act); RA 7394 (Consumer Act of the Philippines); RA 7277 (Magna Carta for Disabled Persons); RA 8291 (Revised Government Service Insurance System Act of 1977); RA 8289 (Magna Carta for Small Enterprises); RA 8425 (Social Reform and Poverty Alleviation Act); and RA 9257 (Expanded Senior Citizens Act of 2003).

250 PAGKAIN SAPAT DAPAT committee meeting, while others were passed after 8 to 15 committee meetings. The authors further found: Not all members attended every committee meeting. In some meetings, only one member was present; in other meetings, as few as 2 to as many as 46 members were present. Most committee meetings lasted between one to two hours; the short period of time, together with underattendance by committee members, are not indicative of a high degree of accountability in the rule making process. The authors looked into non-discrimination in lawmaking through the extent of participation of indigenous peoples and women in the process. The indigenous peoples were not represented during the deliberations of 37 laws. In the deliberation of 4 laws,63 no women were present. Women outnumbered men in the deliberations of only 3 laws;64 women and men were equally represented in the committee meeting on one law.65 Men outnumbered women in the deliberations of the rest of the laws. The ratio of women to men who were present during committee meetings varied from 1:10 to 4:10. Under-representation of women in committee meetings contributed to the apparent gender-blindness of many laws.
_______________
63

RA 6978 (An Act to Promote Rural Development by Providing for An Accelerated Program within a 10-Year Period for the Construction of Irrigation Projects); RA 8751 (Countervailing Duty Act); RA 6982 (Social Amelioration Program in the Sugar Industry); and RA 8371 (Indigenous Peoples Rights Act of 1997). 64 RA 7192 (Women in Development and Nation Building Act); RA 8972 (Solo Parents Welfare Act of 2000); and RA 7600 (RoomingIn and Breastfeeding Act of 1992). 65 RA 9257 (Expanded Senior Citizens Act of 2003).

Summary Review 251 On transparency, the authors found that copies of bills, inputs, transcripts and other documents are available only upon verbal or written request at the Legislative Archives of the House of Representatives. Bills, transcripts and other committee documents are written in English and contain many legal and technical terms; these documents would not be easily understood by those most vulnerable to hunger. Despite being public records, copies of the Statements of Assets, Liabilities and Net Worth of legislators are not readily accessible. Greater transparency in law making may be enhanced if documents were more readily accessible and were written in more easily understandable forms and media.

On human dignity, the authors found that while many bills appeared to have paid attention to those most vulnerable to hunger, potential risks arising from the bills were not identified so that risk management to prevent starvation and hunger was not factored into the final laws. In addition, no real hunger mitigation strategies were considered, deliberated upon and included in the final laws. It is thus questionable whether the human rights principle of human dignity was espoused and promoted in the formulation of these laws.

252 PAGKAIN SAPAT DAPAT On empowerment, the authors doubted whether those most vulnerable to hunger were encouraged to engage in rulemaking because they were not generally invited to participate in the process. Because of under-representation in law-making, efforts of those most vulnerable to hunger to bring about the necessary changes to address their situation were not referenced in the laws. Also, the dimensions of power relations and structures were not exhaustively discussed during committee meetings, so these did not find their ways into the laws. The law making process does not appear to result in the empowerment of those most vulnerable to hunger. On rule of law, the authors found that in the formulation of laws, access to justice, a key element of the rule of law embodied in the Constitution66 and in human rights treaties,67 was not discussed. Access to justice involves, among others, costs of seeking justice, but costs were not considered during the formulation of the 37 laws. Laws relevant to the right to food would be more effective if the human rights principle of the rule of law were truly incorporated in law making.
_______________
66

Section 11, Article III, 1987 Constitution; see also Sections 12(1), 13, 14, 16, 19(1), Article III, 1987 Constitution. 67 See Articles 2(3), 14, and 17(2) of the International Covenant on Civil and Political Rights; Articles 2 and 15 of the Convention on the Elimination of All Forms of Discrimination against Women; Articles 4, 37, 39 and 40 of the Convention on the Rights of the Child; and Articles 5 and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination.

Summary Review

253

7. Government and public awareness of the right to adequate food lacking. De los Reyes and Diokno (2008) considered the extent of government and public awareness of the right to adequate food and the obligations arising from it. The authors found that government agencies concerned with the right to adequate food were aware of the right, its normative elements and the obligations to respect, protect and fulfill, largely as a result of a project of the Commission on Human Rights. The authors, however, noted, the rudimentary or elementary nature of awareness of these government agencies, concluding: Given the initial lack of awareness by government agencies of state obligations, and the apparent failure of the Commission to initiate in-depth discussions on the varying levels and nature of state obligations, it appears that government is still largely unaware of its obligations related to the right to food. Public awareness of the right to adequate food, and the obligations arising from it, was measured through a survey conducted by the Social Weather Stations (SWS) in the 3rd

254 PAGKAIN SAPAT DAPAT week of June 2008.68 The survey found that only one out of five Filipinos heard or read anything about the right to adequate food. Awareness of the right is slightly higher in Metro Manila (25%) and Visayas (24%). Awareness appears to correlate with both income and education: those with higher income and higher educational attainment are more likely to have heard or read about the right to adequate food. Respondents were also asked to describe the right to adequate food. Roughly two-thirds described the right, while the remaining third said they did not know how to describe the right. Respondents able to describe the right said it was having the correct food, freedom from hunger, right to choose nutritious food, affordable food, etc. These descriptions indicate a basic understanding of the right. T o determine the extent of awareness of the obligation to protect the right to adequate food, respondents were asked whether or not industrial activities on productive
_______________
68

The survey had a national sample of 1,200 statistically representative adult respondents, for an error margin of 3% at the national level and 6% at the major study areas: Metro Manila, Balance Luzon, Visayas and Mindanao. The survey utilized face-to-face interviews using a structured questionnaire with visuals. 13% of the adult respondents are from Metro Manila, 44% from Balance of Luzon, 20% from Visayas and 23% from Mindanao. Fifty-six percent are from urban areas and 44% are from rural localities. 6% [of respondents came from] classes ABC, 65% [from] class D and 29% [from] class E. Thirteen percent of adults had at most some elementary education; 30% finished elementary education/had some high school education; twofifths (45%) finished high school/completed vocational school/ attended some college, while 11% graduated from college or took post-graduate studies. Male and female respondents have a 1 to 1 ratio, and thus, are alternately sampled. By age group, 13% are youth (18-24), 24% are intermediate youth (25-34), 22% are middle aged (35-44), 21% are 45 to 54 years old and 20% are 55 years old and above.

Summary Review

255

lands or other natural resources could impact availability of food as it relates to their right to food. Three-fourths of the respondents said industrial activities could impact on agricultural production and on the right to adequate food, indicating a rather high [public] awareness. Location, income and educational attainment appear to correlate with awareness: awareness is higher in Metro Manila, among classes ABC and D, and among college graduates. T o determine the level of awareness of the obligation to respect the right to adequate food, respondents were presented with a case, and asked to choose the course of action government should take. The case involved the construction of a hydro-electric dam that will supply electricity to several cities and towns, but will partially submerge portions of public land occupied by farmers planting corn and other subsistence crops. More than a third of the respondents said government should not build the dam at all; one-fifth said government could build the dam but must pay the farmers disturbance compensation equivalent to the value of their crops, their houses, and other developments that they have made on the land; one-third said government should build the dam only after the farmers

256 PAGKAIN SAPAT DAPAT have been adequately compensated and resettled in a decent place; and twelve percent (12%) suggested that the government should build the dam and pay the farmers disturbance compensation equivalent to the value of their standing crops. Only 2% said government should build the dam and evict the farmers. The varied responses appear to indicate a lack of a common understanding of the obligation to respect the right to adequate food. Respondents were presented with four options from which they were asked to choose the option that best represented governments obligations to consumers of food products (e.g., protect and fulfill (facilitate) the right to adequate food). Almost a third of the respondents chose the obligation to ensure that food products are properly labeled as to their content/ingredients & nutritional information. About a fourth chose the obligation to monitor and regulate the prices of all food products, while another fourth chose the obligation to monitor and regulate the prices of basic food products. One fifth chose the obligation to enact and enforce regulations to ensure the safety of food products. Again, the different responses indicate a lack of common awareness of obligations arising from the right to adequate food. Awareness of the obligation to fulfill (provide) was measured through two questions: respondents were first asked whether the government had to feed them and their families a) only in case of calamities and disasters, b) at all times, and c) not at all. A little over half of the respondents said government must feed them only in case of calamities and disasters, 14% maintain that this should be done at all times. About a third (32%), however, maintain it is NOT the

Summary Review

257

obligation of the government to feed me and my family at any time. Respondents were also asked who should benefit from government-subsidized food products: a) all consumers whether rich or poor, b) only for the poor, and c) not at all. More than half of the respondents said government should provide subsidized prices to all consumers whether rich or poor. Only a little more than one-third (35%), think that the government should provide subsidized prices only for those who are poor, while a tenth (11%) say the government should not sell subsidized prices to all. Based on these responses, there does not appear to be a common public understanding of the right to adequate food.

258 PAGKAIN SAPAT DAPAT Legal Framework Analysis: Recommendations In light of their findings, De los Reyes and Diokno (2008) recommended three crucial steps: First, the adoption of a national food framework law, with the full and active participation of all actors in the public and private spheres, including those most vulnerable to hunger, along the lines recommended by the United Nations Committee on Economic, Social and Cultural Rights in General Comment No. 12 (1999) and the Food and Agriculture Organizations Right to Food Guidelines (2004). The national food framework law should be based on the normative elements and obligations of the right to adequate food, which should inform the laws purpose, goals, strategies, targets and benchmarks. It should prevent any form of discrimination in access to food and food resources, and should address critical issues in all aspects of food production, processing, distribution, consumption, food prices, income and employment, and other normative elements inherent in the right to food. It should identify all available resources and impose guidelines on the most cost-effective use of these resources. It should incorporate appropriate institutional mechanisms, administrative arrangements, monitoring mechanisms, recourse mechanisms, and anti-corruption measures. The national food framework law based on the right to adequate food must address and redress prevailing national and international food conditions and hunger challenges facing the Philippines. Throughout the world, one in seven persons goes hungry every single day;69 because only three agribusiness firms control more than 90% of grain trade
_______________
69

OXFAM, 2011.

Summary Review 259 worldwide,70 these agribusinesses control the prices and supply of staple food consumed by those living in poverty worldwide. And, staple food prices are expected to double by 2030, with the average cost of key crops projected to increase by 120% - 180%.71 In the Philippines, 9.4 million Filipinos are foodpoor.72 66.7 % of Filipino households consume less than the dietary energy requirement.73 In 2008, 16 % of all Filipino mothers and 11 % of all Filipino children experienced hunger and did not eat at all.74 And, hunger keeps spreading: in 2011, more than one-fifth (22.5%) of all Filipino families, or an estimated 4.5 million families, experienced involuntary hunger.75 Thus it is today crucial to formulate, adopt and implement the national food framework law based on the right to adequate food. In crafting and implementing such a law, it is essential that the PANTHER principles be conscientiously applied through responsible collective action that guarantees genuine, voluntary and free participation, accountability of public officers and responsibility of peoples and organizations, nondiscrimination in law and in implementation, transparency of process in law formulation and implementation, promotion of human dignity through studied and careful risk assessment and mitigation, empowerment of those most vulnerable to hunger and incorporation of rule of law mechanisms to ensure non-violation of the right to adequate food.
_______________
70 71 72 73 74 75

OXFAM, 2011. OXFAM, 2011. National Statistical Coordination Board, 2009. Food and Nutrition Research Institute, 2008. Food and Nutrition Research Institute, 2008. Social Weather Stations, 2012.

260 PAGKAIN SAPAT DAPAT Second, after adopting a national food framework law, the rationalization of the food legal framework by synchronizing laws with the right to food, addressing contradictions in policy objectives within and among the various laws, correcting flaws and ambiguities, repealing those laws (or provisions in laws) that obstruct the realization of the right to food, aligning the national budget to the national food policy, enhancing the mandates of the national human rights institutions, and improving the process of law-making. The authors specifically recommend, among others: (a) passing a law to stabilize the agrarian reform program; (b) reconciling contradictory implications on food availability and food accessibility of RA 7900 (High Value Crops Development Act); (c) amending the Price Act by clearly defining illegal acts of price manipulation and setting objective standards to allow the operation and enforcement of the law; (d) reconsidering the one year ban on granting minimum wage increases; and (e) incorporating temporary special measures in all appropriate laws to address the inherent disadvantages women face in the grant of titles, leasehold agreements, credit, microfinance, access to preand post-harvest facilities, marketing, technology transfer, capital, fishing gear or equipment, etc.; requiring information targeting addressed to women; including women in various councils and boards created to address hunger; and ensuring that gender-based decision making and gender division of labor in food production, preparation, distribution and consumption are referenced into all relevant laws. Third, capacity development on the right to food, and the rights based approach.

Summary Review 261

262 PAGKAIN SAPAT DAPAT

263

Assessment of the Philippine Social Protection Floor Policies

by Bread for the World

264 PAGKAIN SAPAT DAPAT

265
ASSESSMENT OF THE PHILIPPINE SOCIAL PROTECTION FLOOR POLICIES FEBRUARY 2012 I. Introduction his report is meant as a contribution to the discussion about social protection in the Philippines. It has been inspired by a series of previous studies and contributions, mainly by ILO and ADB. Nevertheless we are aware of the fact that it would benefit from more up to date data and information though we are sure that our conclusions are relevant and valid. We encourage all readers to provide us with additional data and information in order to improve the report. But we are confident that the report as it is reflects well the situation in the Philippines and the existing gaps in social protection. We are aware that the Government has undertaken major efforts in the last decade, namely the introduction of the 4-P CCT scheme, the enlargement of the sponsored membership of PhilHealth and the ongoing discussions about the introduction of an unemployment scheme inspired by the example of e.g. Vietnam. Nevertheless this reports highlights gaps and deficiencies in order to strengthen the general trend in the country to improve coverage and benefits of social protection. We would be happy to get a broad and critical feedback, and maybe even better up-to date data than the one we used.

266 PAGKAIN SAPAT DAPAT II. Context A. Geography and Administration The Philippines is a group of islands in southeastern Asia between the Philippine Sea and the South China Sea, east of Vietnam. It has three major island groupings Luzon, Visayas and Mindanao. It has a land area of 300, 000 sq km. and an extensive coastline of about 36,289 km. By virtue of the Integrated Reorganization Plan issued by President Ferdinand E. Marcos in 1972, the country was divided into eleven administrative and planning regions, each with a regional center or capital. Today the number of regions has grown to seventeen. Key ministries then (now called departments) and other government agencies were regionalized and decentralized. Within each region, there are local government units at the provincial, city, municipal and barangay1 levels. As of year 2010, the Philippines has 79 provinces, 117 cities, 1,505 municipalities and 41,974 barangays. In terms of the countrys political structure, the Philippines has a presidential form of government with three separate branches: the executive, the two-chamber legislature and the judiciary. The president is both the head of state and the head of government within a multi-party system. The executive power is exercised by the government under the leadership of the president. Legislative power is vested in both the government and the two-chamber congressthe Senate (the upper _________________________
1

Barangays or villages are the smallest political units.

Assessment of the Philippine Social Protection Floor Policies 267

268 PAGKAIN SAPAT DAPAT chamber) and the House of Representatives (the lower chamber). Judicial power is exercised by the courts with the Supreme Court of the Philippines as the highest judicial body. B. Population The current population (2011) of the Philippines is 95,6 million making it the worlds 12th most populous country. The country has one of the highest population growth rates in East Asia, exceeded only by Cambodia and Laos. From an annual rate of 2.36 percent in 1995 2000 population growth rate decelerated to 1.6 % in 2010. Population is projected to grow at an average rate of 1.5% from 2011 to 2015. By 2015 the countrys population reaches 110 million. The country has one of the youngest populations among Asian countries with those in the age 25-39 bracket comprising the dominant group; the median age is just 22.5 years. Amongst Asian countries only Malaysia, India and the Philippines show positive growth on the age group below 25 years old whilst all the other countries in the region are experiencing an ageing population. Projections show that people over 65 years old will account for only 8% of the Philippine population in 2030. The Philippines is rated as one of the fastest urbanizing developing countries in Asia. About 54% of the countrys population live in the urban areas, compared to less than 50% in Indonesia, around 50% in China and 33% in Thailand. The urban growth rate has averaged around 4% annually for the last

Assessment of the Philippine Social Protection Floor Policies 269

50 years - substantially above the overall population growth rate. This trend results from factors such as high natural increase, rapid rural-urban migration and reclassification of local government units. 26 out of the countrys 65 cities were classified as 100% urban in 1995. By the year 2000 the total number of Philippine cities has grown to 100 and there are now 117 cities. By 2030, it is projected that three out of every four Filipinos will live in cities.

270 PAGKAIN SAPAT DAPAT C. Labor Market The working age population in the Philippines is 62 million (2011). The labor force, based on a participation rate of 66.3 % is 41.2 million. Out of these, 6.4% are unemployed. Another 19.1% are underemployed. Table 1: Philippine Labor Market 2010 2011 Population 15+ 61,169,000 62,165,000 Participation Rate 64,20 66,30 Unemployment Rate 7,10 6,40 Unemployment 19,60 19,10
Source: NSO 2011

The largest employer is the service sector (see Figure 1), mainly wholesale and retail, transport, public sector, education and private households. The share of employment in industry is shrinking, while those in agriculture and services are on the increase.

Assessment of the Philippine Social Protection Floor Policies 271 Figure 1: Employed Persons by Industry Group

The following Table 2 shows the unemployment and underemployment rates in the different regions in the Philippines which vary considerably. The highest unemployment rate is in the National Capital Region (13.5 %), the lowest in Region II (Cagayan Valley, 2.8%) and ARM Mindanao (1.5%). The largest group of the unemployed are young people between 15 and 24 (50% of all unemployed). Interestingly, nearly 85% of the unemployed have a high school or college diploma. Only very few have no education at all or elementary school only. Overall unemployment in the Philippines has been so far stable (2011) compared to the previous years. Underemployment has even slightly decreased (see Table 1) and it lies within the longer lasting trend. In the wake of the global financial crisis, the most vulnerable workers are those in the export-oriented industries such as electronics, call centers and textile

272 PAGKAIN SAPAT DAPAT Table 2: Unemployment and Underemployment Rates 2009
Unemployment Underemployment Rate Rate NCR Cordillera Administrative Region Region I - Ilocos Norte Region II - Cagayan Valley Region III - Central Luzon Region IVA - Calabarzon Region IVB - Mimaropa Region V - Bicol Region Region VI - Western Vizayas Region VII - Central Vizayas Region VIII - Eastern Vizayas Region IX - Zamboanga Peninsula Region X - Northern Mindanao Region XI - Davao Region Region XII - Soccsksargen Caraga ARMM 13.5 4.2 8.3 2.8 8.5 9.9 4.5 6.5 7.9 7.3 5.0 3.8 5.2 6.2 4.4 5.1 1.5 12.4 17.9 15.6 16.7 5.4 15.4 25.4 36.8 26.8 12.6 28.7 27.4 24.5 23.4 19.9 26.8 13.0

Source: Bureau of Labor and Employment Statistics, 2009 NCR=National Capital Region ARMM=Autonomous Region of Muslim Mindanao

manufacturing. Indeed, several companies reported either laying off workers or cutting working hours as the crisis reduced demand for Philippine exports. The Philippine Labor Department reported that some 40,000 workers were retrenched, 33,000 workers experienced shorter working hours while over 5,400 overseas Filipino workers were displaced because of the financial crisis. The figures compared to total

Assessment of the Philippine Social Protection Floor Policies 273 employment are small. In addition, the economy was kept afloat by the steady flow of remittances despite forecasts by the international financial institutions that these would decline. The National Economic and Development Authority (NEDA) forecast that in a pessimistic scenario as much as 200,000 workers may be laid off, as the crisis continues to hurt the local economy. But this has not yet materialized and there are signs of an economic recovery. Even pessimistic forecasts expect the unemployment level not to hit the double-digit levels recorded several years ago. Nevertheless, an unemployment rate between 7% and 8% of the Philippine workforce is one of the highest rates in Asia (the Asian average lies around 5%). Also, the labor force in the Philippines is growing fast due to specific demographic reasons, so that net employment needs to increase substantially every year in order to avoid unemployment growing. Little is known about the nature of unemployment but it is very likely that most of it is short term unemployment. Firstly, there is a high level of fluctuation in the labor market in the Philippines due to relatively rigid labor laws (after 6 months of employment it is practically impossible to retrench someone, which leads to the fact that many employers retrench workers before the completion of their 6 months of contract); and, secondly, there is hardly any worker in the Philippines who can afford long term unemployment, given the fact that there is practically no unemployment benefit. The Philippine labor market is to a large extent not formalized. Only 9.5 million people or 25% (7.5 million employees and 2 million self-employed)

Table 3: Size of Establishments Formal Sector 2007


Number of Establishments 4 9 19 49 99 199 499 999 1,999 over 783,869 100,00% 142 0,02% 223 0,03% 543 0,07% 1,760 0,22% 2,919 0,37% 396,066 537,072 368,665 310,801 615,513 5,358 0,68% 361,918 15,240 1,94% 452,223 37,600 4,80% 483,651 9,32% 8,72% 6,98% 7,63% 10,35% 7,11% 5,99% 11,86% 5,187,793 100,00% 80,259 10,24% 507,254 9,78% 639,825 81,62% 1,154,639 22,26% 2 6 13 30 68 136 305 679 1,394 4,335 7 Number of persons employed Average size

Size of Establishments (Employees)

Micro

to

to

10

to

Small

20

to

50

to

Mediuma

100

to

200

to

274 PAGKAIN SAPAT DAPAT

Large

500

to

1,000

to

2,000

and

Total

formal sector in the Philippines works in establishments with less than 10 employees (the average establishment has 7 employees, see also Table 3 and Table 4), Including the informal sector, nearly 70% of workers are in establishments of less than 10 employees. private sector). About 30% of the labor force in the workers are covered by social insurance (public and out of 38 million

Table 4: Number of Establishments by Employment Size and Sector, 2007


Micro 4,190 107,288 609,181 720,659 0,4% 58,663 2,919 44,244 1,518 12,116 1,241 2,303 160 152 1,187 1,329 2,668 0,3% Small Medium Large

Total

Agriculture

5,765

Industry

121,832

Services

656,272

Total

783,869

100,00% 91,9% 7,5% Source:National Statistics Office 2007

D. The Economy

The Philippine economy is marked by slow growth and inequity. From underperformance between the years 1998 to 2001, Gross Domestic Product grew to 4.3% in 2002, 4.7% in 2003, and about 8,9% in 2010. Coming from a high base erected by election related expenditures last year, the domestic economy continued to decelerate, posting a 3.4 percent growth during the second quarter of 2011. This is less than half the booming 8.9 percent growth in 2010.2 Aside from remittances from OFW (Overseas Filipino Workers) the other drivers of growth include services which are highly dependent on telecommunications and agriculture which is

Assessment of the Philippine Social Protection Floor Policies 275

_________________________

http://www.nscb.gov.ph/sna/2011/2nd2011/2011hi2.asp

Figure 2: GINI in the Philippines 1985 - 2005

276 PAGKAIN SAPAT DAPAT

Source: World Bank Indicators: See http://www.tradingecoinomics.com/philippines/gini-index-wb-data.html

Assessment of the Philippine Social Protection Floor Policies 277 vulnerable to weather disturbance. Analysts say that these industries create little impact on employment generation in terms of the creation of permanent jobs for the working age population. Analysts also project that it will take a higher, sustained growth path to make appreciable progress in poverty alleviation given the Philippines high annual population growth rate and unequal distribution of income. With a population growth of 2% a real growth rate of 2% is needed to keep the per capita income constant. In 2003, the poorest 10% had 2.3 % share in total consumption while the richest 10% had about 32% of the total, which shows the unequal distribution of income in the country (the GINI lies above 0.40, see Figure 2). Per capita income grew by 2.9 percent in 2005 down from 3.8 percent in 2004. Foreign direct investment has been sluggish indicating low investor confidence on the economic and political situation. Foreign direct investment in 2004 leveled off at $1 billion, well below the $3 billion to $4 billion of other ASEAN countries. For the private sector, the investment climate is adversely affected by complicated procedures, high transaction costs, infrastructure constraints, uncertain regulation, weak financial intermediation and growing competition among neighboring countries for foreign direct investment (FDI)3. Among the top investors in the country are the United States of America, Japan, China and the Netherlands. ________________________
3

American Chamber of Commerce of the Philippines. Roadmap II More Foreign Investment. Makati Philippines, June 2004

278 PAGKAIN SAPAT DAPAT E. Government Expenditure Since 2003, the Congress passed a re-enacted budget . The legislated re-enacted budgets mainly comprised the primary obligation of the national government which are debt servicing and maintenance of the government bureaucracy. The bulk of the governments debts went to debt servicing in large, unprofitable public enterprises, especially in the energy sector. Only about an average of 15 percent of total expenditures was allocated to the improvement of infrastructures and delivery of social services. The Philippines external debt against GDP was one of the highest amongst developing countries.5 The government has considered adopting measures to deal with huge deficits and to source new funds for government for infrastructures, for example, cutting its sovereign bond offering. In 2007 the government has approved the reduction in the offshore bond issuance plan and decided to tap cheaper official development assistance loans and domestic borrowings. The government also plans to source a much bigger portion from ODA assisted program and project loans which have lower interest rates and longer repayment terms rather than the more
4

_________________________ 4 A re enacted budget means that mandatory expenditures of debt service, personnel expenses and internal revenue allotment for the previous years are carried on and adjusted for requirements in the ensuing budget year. The President of the Philippines as provided by the Constitution reallocates line item amounts budgeted in the previous years for projects that are completed or for other reasons do not require the funds in the following year. 5 Bangko Sentral ng Pilipinas

Table 5: Public Budget Philippines 2009-2012


Levels (In Billion Pesos) 2009 Actual (329,852) (298,532) (8,759) (19,300) (3,261) 89,706 44,500 (0,168) 10,800 34,695 (0,328) 0,207 (240,146) 8,026,143 (362,826) 9,003,480 2,880 0,395 (241,417) 9,932,508 33,525* 36,915 7,939 11,190 (63,722) 1,000 39,268 39,160 30,873 1,000 11,577 40,305 (233,984) 11,011,181 20,285 88,265 83,755 0.116 1.1 0.6 (0.0) 0.1 0.4 (0.0) 0.0 (3.0) 9,927 18,449 3,373 (0.0) (71,007) (42,035) (28,031) (0.2) (7,689) (6,095) (6,081) (0.1) (0.1) (0.8) 0.1 0.0 0.2 0.4 (0.7) 0.1 0.4 0.0 0.0 (4.0) (314,458) (300,000) (286,000) (3.7) (3.5) (383,111) (329,682) (317,738) (4.1) (4.3) (3.3) (3.0) (0.1) (0.4) 0.2 0.9 0.4 0.0 0.1 0.4 (2.4) 2010 Preliminary 2011 Revised 2012 BESF 2009 Actual 2010 Preliminary 2011 Revised As Percent of GDP 2012 BESF (2.9) (2.6) (0.1) (0.3) 0.0 0.8 0.3 0.0 0.1 0.4 (2.1)

CONSOLIDATED PUBLIC SECTOR FINANCIAL POSITION, 2005-2012

Particulars

PUBLIC SECTOR BORROWING REQUIREMENT

National Government

CB Restructuring

Monitored Government-Owned and -Controlled Corporations (GOCC)

Adjustment in Net Lending and Equity to GOCCS

Other Adjustment

OTHER PUBLIC SECTOR

SSS/GSIS/PHIC

Baqngko Sentral ngPilipinas (BSP)

Government Financial Institutions

Local Government Units

Timing Adjustment of Interest Payments to BSP

Other Adjustments

CONSOLIDATED PUBLIC SECTOR SUPPLIES (DEFICIT)

Nominal GDP (in billion pesos)

Assessment of the Philippine Social Protection Floor Policies 279

*2010 Preliminary Actual

Source: Department of Finance

280 PAGKAIN SAPAT DAPAT expensive commercial borrowings.6 From 2009-2012, the public borrowing as % of GDP went down (see Table 5). F. Health Estimated life expectancies at birth in 2005 were 68.72 and 74.74 for males and females respectively (2011 est.)7. Official estimate on the infant mortality rate was about 19.34 for every 1,000 live births (2011 est.) which shows a better picture compared with the rate of 36.10 years earlier. Much of the countrys population resides in thousands of dispersed rural villages. Local midwives and community health workers therefore play an important role in birth deliveries in addition to that played by doctors in the hospitals and clinics. About 68% of births were attended by skilled health staff, about 27% by trained midwife and about 4% by untrained hilots (midwives) from the villages (NEC-DOH). Among the poor about 21% of births were attended by skilled health staff compared to 92% in the richest quintile (WB). Maternal mortality ratio (deaths of women from pregnancy - related causes per 100,000 live births) has decreased from 209 in 1990 to 150 in 2010 (NSCB). If we compare the Philippines to similar countries in the region, it can be seen that even taking into account _________________________
6

Dumlao, Doris. 2006. Government cuts planned 07 bond offer to $900 M. Philippines Daily Inquirer. November 13,2006. 7 http://www.indexmundi.com/philippines/life_expectancy_at_birth. html

Table 6: Health Expenditure in Selected Countries, 2006


Gov. Exp. on Health as % of total health exp. 5,1 7,0 5,5 11,3 5,1 6,8 Source: NSCB, PHILHEALTH 255,0 221,0 57,0 115,0 323,0 207,0 199,0 72,0 454,0 203,0 78,0 36,0 3,990,0 24,225,0 3,539,0 8,379,0 2,774,0 6,581,0 Per Capita total Exp. on Health (ppp in US$) Per Capita Gov. Exp. on Health (ppp in US$) GDP per Capita (ppp in US$)

Total Expenditure on Health and % of GDP

Indonesia

2,1

Malaysia

4,2

Philippines

3,3

Thailand

3,5

Vietnam

6,0

Average

3,8

Source: WHO

different GDP levels health expenditure in % of GDP in the Philippines is among the lowest (Table 6). This corresponds to the findings of the ADB social protection index8.

Assessment of the Philippine Social Protection Floor Policies 281

_________________________ 8 The study showed that the level of social protection in the Philippines is below the average of Asia. Indicators were Social Protection expenditure as share of GDP, coverage, distribution of benefits and level of benefits. See Baulch, Weber, Wood: Social Protection Index for Committed Poverty Reduction. Volune 2: Asia. Manila 2008.

282 PAGKAIN SAPAT DAPAT Figure 3: Expenditure Structure of PhilHealth

Source: PhilHealth

Table 7: Health Expenditure Structure in the Philippines


2005 National Government Local Governments Philhealth OOP Private Insurance HMOs Employers Private Schools Others Total Source: WHO 2008 16% 13% 11% 48% 2% 4% 3% 1% 1% 100%

On the other hand, coverage is among the best. Total expenditure on the mainstream programs of PhilHealth in 2008 was around PhP 21,3 billion (450

Assessment of the Philippine Social Protection Floor Policies 283 million US$). The Reserve that PhilHealth accumulated, amounted to about 50bn Pesos (1.1 US $) / 90bn (US $ 2 bn) total assets, which is more than two / four annual incomes. If we look at the total health expenditure in the Philippines, we see that PhilHealth plays a relative subordinate role (see Table 7) with out of pocket payments (OOP) representing around 48% of the total expenditure. This shows that there is still room for expanding PhilHealth financing. The average support value of PhilHealth benefits (meaning the average % of the amounts of medical bills reimbursed) is higher in some provinces; it is lower in secondary level facilities and in Metro Manila. The reason for this is that the PhilHealth benefits are capped and there are no efficient cost controls in place. This means that maximum amounts are paid depending on the level of the facility (primary up to tertiary) and the diagnosis. These maximum amounts rarely cover the actual medical bill. G. Poverty and Inequality Under the Social Reform and Poverty Alleviation Act, the poor are defined as those families and individuals whose income falls below the poverty threshold and who cannot afford to provide for their minimum basic needs in a sustained manner. Poverty thresholds (or poverty lines) are determined annually for urban and rural areas to provide both for food requirements and other basic needs. Nationally, the 2009 poverty threshold was set at PhP 16,841 (which is still valid), of which 67% was intended for sustaining food

284 PAGKAIN SAPAT DAPAT needs and the balance of 33% was for other basic needs. In urban areas, the poverty threshold was a bit higher than in rural areas. The impact of inflation on incomes is important. People who had managed to make ends meet in one year had to earn 5-6 percent more income the following year to remain above the poverty line. Despite the low rates of GDP per capita increase over the last 20 years, and perhaps reflecting the impact of remittances on household incomes, poverty rates in the Philippines substantially reduced between 1985 and 1997 in both urban and rural areas. Poverty has continued to remain higher in rural areas; and the gap appears to be widening. In all years, poverty in the National Capital Region (Metro Manila) has been substantially less than in other urban areas of the country. The poverty trend since 1997 is harder to estimate owing to changes in the methodology consequent revision of the 2000 estimates 9 . The general situation appears that to be that poverty rates are again decreasing following a significant rise between 1997 and 2000 following the Asian financial crisis. In 2009 there were 3.85 million poor families in the Philippines, which corresponds to about 20% of the population (see Table 8). Given the countrys high population growth rates and presence of a big proportion of poor people the country has to make significant progress in poverty alleviation and undertake programs that protect the poor and the vulnerable. ________________________
9

See www.adb.org/Documents/ Books/ Poverty-in-the-Philippines/ executive-summary.pdf, and http://www.worldbank.org.ph/WBSITE /EXTERNAL/COUNTRIES/EASTASIAPACIFICEXT/ PHILIPPINESEXTN/0,, menuPK:332992~pagePK:141132~piP K:141107~theSitePK:332982,00.html.

Assessment of the Philippine Social Protection Floor Policies 285 Table 8: Poverty Incidence Philippines
Region Philippines Caraga ARMM Region IX Region V Region VIII Region X Region VII Region XII Region IV-B Region XI Region VI Region I CAR Region II Region III Region VI-A NCR Poverty incidence among families 2003 20.0 37.6 25.0 40.5 38.0 30.2 32.4 32.1 27.2 29.8 25.4 23.5 17.8 16.1 15.2 9.4 9.2 2.1 2006 21.1 36.9 36.5 34.2 36.1 31.1 32.7 33.5 27.1 34.3 26.2 22.1 20.4 18.6 15.5 12.0 9.4 3.4 2009 20.9 39.8 38.1 36.6 36.0 33.2 32.8 30.2 28.1 27.6 25.6 23.8 17.8 17.1 14.5 12.0 10.3 2.6

Source: NSCP Oficial Poverty Statistics 2009; NCR is National Capital Region

III. Description of Social Protection in the Philippines Unlike in most Asian countries, the term Social Protection is known and used in the Philippines. In 2005, the National Anti-Poverty Coalition (NAPC), a coordinating body for poverty reduction oriented programs, convened a consultation meeting with agencies. During that meeting a definition of social

286 PAGKAIN SAPAT DAPAT protection was proposed based around three elements and/or approaches: (i) management of risks and vulnerability; (ii) protection of the welfare of the poor and vulnerable, and (iii) improvement of their capacities to confront and deal with risks. Based on these, the following operational definition of social protection was proposed: Social protection constitutes policies, programs, and interventions that seek to reduce the susceptibility of the poor and vulnerable to risks: through the promotion and protection of livelihood and employment, improvement in their capacity to manage risks and their protection from disruption or loss of income, loss of welfare and diminished wellbeing. The management of risks implies the capacity to foresee, measure, deal/manage risks before and especially when it happens for both provider and recipient. Capacity constitutes organizational, financial and technical capabilities to carry out the management of risks with respect to providers or implementers such as government, local governments, firms, communities. Capacity on the part of the poor implies access to social protection instruments and information to better prepare them for any eventuality. While the proposed definition of social protection in the Philippines is evolving, it is, in most respects, very similar to the definition adopted by ADB and World Bank, involving as it does the following categories of programs: labor market interventions, social insurance, social welfare and social safety nets. It should however be noted that micro-credit/ finance schemes are also

Assessment of the Philippine Social Protection Floor Policies 287 included in the ADB definition given their importance to the livelihoods of poor people in many Asian countries and involve a mobilization (if not direct transfer) of funds to individual households. The majority of the information was gathered from the ADB Social Protection Index Study and related studies as well as from ILO Studies.10 A. Labour Market Programs The Department of Labor and Employment (DOLE), in coordination with other agencies and private organizations, undertakes programs that could provide bridging or transition opportunities, especially to the vulnerable sectors to help them obtain productive and formal employment or livelihood. The implementation and enhancement of labor market programs consist of capacity building, livelihood generation, employment assistance, scholarship grants for indigent families to pursue technical or vocational courses, and others. The most important of these programs are summarized in the following paragraphs. 1. Unemployment Benefits The current situation in the Philippines is that workers, who lose their jobs, mostly (except GSIS-means public sector social insurance members) have no unemployment ________________________
10

Baulch, Weber, Wood: Social Protection Index for Committed Poverty Reduction. Manila 2008

288 PAGKAIN SAPAT DAPAT insurance. However, there is a variety of laws and benefits that give workers some kind of protection: Public employees can avail of a regular unemployment benefit from GSIS (50% of the average monthly compensation, maximum 6 months, see also GSIS Act in the attachment). This, however, is little known by employees and consequently hardly practiced. The condition is, however, that he or she at the time of separation is a permanent employee. To date, many public employees are on fixed term contracts, so they are not protected by this provision. Employers are obliged to pay for each year of contract one month of severance pay. This, however, is mostly practiced in the formal sector. Especially in the informal sector and in small enterprises (less than 10 employees), most employers tend to neglect this obligation. Formal sector employees can avail of a loan (80% of the savings) from Pag-Ibig Fund to bridge the period of unemployment. This, however, is only a substantial amount if workers have fulfilled a number of years of contract. In terms of optimal social policy outcomes, this is also limited. Formal sector employees can avail of a loan from SSS (maximum 24,000 Pesos) based on their pensions savings.

Assessment of the Philippine Social Protection Floor Policies 289 workers can avail of 3 months contribution-free health insurance (PhilHealth) coverage as long as they have paid their premiums. Unemployed workers can obtain assistance from PESO offices and from TESDA (job facilitation and training). For the rest, most of the unemployed depend on family support if they have no savings or their own means. To lose a job in most cases also means a loss of regular income for the family. 2. The Public Employment Service Office The Public Employment Service Office or PESO is a free of charge employment service facility initiated by the Department of Labor and Employment pursuant to Republic Act No. 8759 otherwise known as the PESO Act of 1999. The PESO facility has been established in many capital towns of provinces, key cities, and other strategic areas to expand the existing employment facilitation service machinery of the government particularly at the local levels. The PESO is maintained largely by local government units (LGUs) and a number of nongovernmental organizations (NGOs) or communitybased organizations (CBOs) and state universities and colleges (SUCs). The regional offices of the DOLE provide coordination and technical supervision among the PESO offices. The PESO aims to provide timely and efficient delivery of employment service and information

All

290 PAGKAIN SAPAT DAPAT of other DOLE programs. It provides jobseekers/ clients with adequate information on employment and labor market situation in the area; and networks with other PESOs within the region on employment for job information exchange purposes. Employers are encouraged to submit to the PESO on a regular basis a list of job vacancies in their respective establishments, administer testing and evaluation instruments for effective job selection, training and counseling; conduct employability enhancement trainings/seminar, provide occupational counseling and other related activities. Among the activities and events that PESO supports are jobs fairs, livelihood and self-employment bazaars, extend Special Credit Assistance for Placed Overseas Workers , Special Program for Employment of Students and Out-of-School Youth, Work Appreciation Program (WAP), Workers Hiring for Infrastructure Projects (WHIP) and other programs/ activities developed by DOLE to enhance provision of employment assistance to PESO clients, particularly for special groups of disadvantaged workers such as persons with disabilities (PWDs) and displaced workers. In 2010, some 1 million jobseekers were employed with the help of PESO. For the same year DOLE Central Office allocated PhP 10 million to support the various PESO activities. LGUs and other PESO supporters augmented the funds coming from the central office for the implementation of the various activities of PESO but the amount of this money at the local units could not be ascertained.

Assessment of the Philippine Social Protection Floor Policies 291 3. Promotion of (PRESEED) Rural Employment

PRESEED, a centerpiece project of the DOLE, was developed in response to the limited wage employment opportunities in the rural areas. The program assists in job creation or expansion of livelihood projects from client development and training, to technical assistance and consultancy services. DOLE regional offices form partnerships with accredited partners like NGOs, private sector, private voluntary organizations, labor unions, cooperatives, local government units and others to implement the PRESEED project. Individuals and organizations are eligible to participate in the program. The unemployed or underemployed, with family incomes below the poverty threshold and have passed entrepreneurial tests administered by the accredited partners and validated by the DOLE regional offices are eligible for participation. Organizations that are interested to participate must have a legal constitution, demonstrate the attributes of a functional organization, e.g. conducting regular meetings, have at least a minimum amount of organizational funds to sustain the current operational level of its existing activities and projects (funds from dues, membership fees, and other income generating projects) and have at least two years of continuing experience in successful projects (SEPs), mobilization or any project simple or complex planning and implementation and evaluation. For 2010, the number of jobs created by PRESEED amounted to 10,000.

292 PAGKAIN SAPAT DAPAT 4. K a l i n g a s a Ma n g g agawa (Wo rkers Microfinance Program) This program aims to help workers fund livelihood projects for workers whether in private, public or informal sectors and their organizations. DOLE, SSS, GSIS, DBM and ECC have contributed PhP 25 million each to this facility for the workers. Among the beneficiaries of the program are the displaced workers in the formal and informal sectors or those who are not employed or fully employed, workers with existing micro enterprise venture needing expansion, workers with no existing micro enterprise and have participated in a livelihood training. T o participate in the program one must: Have at least one year residency in the area; The micro enterprise should have weekly or daily income; Must be 18-65 years old; One member per household can apply; Not presently employed or has no fulltime employment; No existing loan with MFI / PCFC; Household monthly income of not more than PhP 10,000 or below the poverty threshold. For 2010, there were some 2000 beneficiaries of the program. 5. Kasanayan at Hanapbuhay (KasH) KasH is a training and capacity building program for the vulnerable sector to help them graduate into more productive, or more formal employment or livelihood.

Assessment of the Philippine Social Protection Floor Policies293 It is an apprenticeship and employment program that provides a bridging mechanism for new entrants to the labor force by giving them the opportunity to acquire basic skills and work experiences needed by employers in hiring new employees. The program matches jobseekers with available jobs and ensure that there are qualified skilled workers based on industry needs. Any unemployed person 15 years old and above can apply for apprenticeship with any participating enterprise that should be duly registered with appropriate government authorities and has ten (10) or more regular workers. The enterprise shall accept apprentices of not more than twenty (20) percent of its total regular workforce. Apprenticeship programs run to six months. Many employers have been dissatisfied with the provision of the apprenticeship law (Executive Order 11) and proposed to amend the law to waive the apprentice allowance level of 75% of the minimum wage to what employers can realistically afford and to allow employers with less than ten (10) workers to employ apprentices. As at end November 2010 there were some 100,000 apprentices trained. The cost of partnering between the government and the various enterprises in 2010 could not be determined but was considered minimal. 6. Tulong Alalay sa Taong May Kapansanan This program has been developed to assist in the integration of persons with disability in the mainstream of society through training and employment. Selected government and private training institutions would

294 PAGKAIN SAPAT DAPAT undertake training programs suited to their interests, potentials and circumstances to enhance the employability of persons with disabilities (PWDs). The PWDs have the option to choose from any of the following training areas: industrial skills, livelihood skills and entrepreneurship skills. PWDs whose qualifications are suited for wage employment are referred to private companies or government agencies where job vacancies are made available for them. For this purpose, a skills pool of PWDs as well as list of prospective employers shall be maintained for quick reference. PWDs who are inclined towards self - employment shall be encouraged to set up their own self - employment projects either individually or in group. Technical as well as financial assistance shall be extended to them in coordination with government livelihood agencies and financing institutions and nongovernment organizations. No figures on the cost of assistance and other expenditures were provided. 7. Training Programs The Technical Education Skills Development Authority (TESDA) is the national leader in technical vocational education and training (TVET). TESDA provides direction to the TVET in the country by setting standards and developing systems adopted in the sector. It also exercises technical supervision over the various public and private TVET providers, builds capacity of providers and provides scholarships and other student assistance programs to deserving beneficiaries.

Assessment of the Philippine Social Protection Floor Policies295 One of the programs undertaken by TESDA is the Iskolar ng Mahirap na Pamilya (IMP) or the Scholar of Poor Family. The program provides financial assistance to one qualified child per indigent family to equip him with skills for employment. A Certificate of Educational Assistance (CEA) is issued to the head of the family giving him the right to decide whom to send among the children to post-secondary education. Said Certificate is accepted in any of TESDA administered institution for a 2-year vocational technical course. One of the unique features of the CEA is that it has no expiry date and works like an educational voucher plan that can be used at the time it is needed for TVET. For SY 2005-2006, a total of 44 qualified scholars have been provided with financial assistance out of the TESDA budget. The I-Care Program, also known as Invigorating Constituent Assistance in Reinforcing Employment, is designed to create jobs. Commencing early part of 2005, I-CARE works as financial sharing scheme between TESDA and the external partners to increase education and training funds for the latters chosen beneficiaries. Partners in this program included legislators, LGUs, NGOs, industry associations and other TVET stakeholders. These stakeholders forged strategic partnerships with TESDA to address the specific skills requirements of unique job markets and locations. Based on regional reports as of December 2005, the I-CARE Program generated fund commitments/

296 PAGKAIN SAPAT DAPAT pledges of PhP 232 million from legislators, LGUs, NGAs, NGOs and private sector partners. Breakdown of the amount is as follows: legislators committed 89% or PhP 207 million out of their Program Development Assistance Fund while LGUs, partners, and other organizations committed 11% or PhP 25 million. Funds will be allocated to: community based skills and livelihood training 30 % scholarship assistance 34% infrastructure development 30% competency assessment and certification 1% Absolute figures on the amount of realized pledges could not be obtained. An estimated amount of pledges realized for training, scholarship assistance and competency certification was 50% of the total. Allocation for infrastructure development could constitute about 30% and the remaining balance of 20% was unrealized or deferred to the following year. B. Social Insurance Programs 1. Social Security The social security mechanism in the Philippines has the following characteristics: Participation is compulsory for all formal sector workers and public employees; Benefit schemes are financed from contributory payroll taxes levied on both workers and public employees.

Assessment of the Philippine Social Protection Floor Policies 297 Contributions are accumulated in special funds out of which benefits are paid. Any excess funds are invested to earn further income. In kind (health) benefits are capped. Cash benefits (and contributions as well) are directly related to the level of earnings and/or length of employment; A persons rights to benefits is secured by his or her record of contribution without any need of test of means, except for health care, where there is a means tested sponsored program; Retirement benefits are designed to meetminimum income needs and are paid (e.g. monthly) until death. In the Philippines, three government agencies deliver social insurance. The Social Security System (SSS) provides social insurance benefits for those employed, self-employed and those who had retired from the private sector, private corporations or companies. Government Service Insurance System (GSIS), on the other hand, provides the same benefits for government employed and previous qualified members who have retired from public service. PhilHealth provides health insurance for all. Furthermore, there is an Employee Compensation Fund (EC) that provides medical service and rehabilitation in case of work accidents. Table 9 shows the distribution of sub-components of the social security system and institutional responsibilities.

298 PAGKAIN SAPAT DAPAT Membership in the GSIS and the SSS requires subscription or payment of monthly contributions based on income. All GSIS and SSS-registered employers and their employees are compulsorily covered under the Employees Compensation program. An employer on behalf of his employees pays monthly contributions on Employees Compensation for as long as the employee works for him. The obligation of the employer ceases when an employee is separated from employment or, if the employee dies during employment. When a covered employee becomes disabled during employment, his employers obligation to pay the monthly contribution arising from the employment will be suspended during such months that he is not receiving salary or wages. Table 9: Benefits from Statutory Social Insurance Coverage Benefits Program Sources Short Term SSS Members GSIS Members Sickness Philhealth Philhealth Funeral SS, EC SI, OSI, EC Maternity Philhealth Philhealth Medical Services EC EC Rehabilitation EC EC Long Term SSS Members GSIS Members Retirement SSS SI Death SS, EC SI, OSI, EC Disability SS, EC SI, EC
SS - social security; EC - employees compensation; SI - Social Insurance; OSI - other social insurance

Assessment of the Philippine Social Protection Floor Policies 299 SSS has expanded its coverage to include selfemployed members and workers in the informal sector. Self-employed includes the regular selfemployed or those who operate businesses, farmers and fishermen, overseas contract workers and nonworking spouses. The informal sector workers include unincorporated enterprises, that consist of both informal own account enterprises and enterprises of informal employers, labor relations are contractual and without employers. Groups classified as informal workers are those with irregular income, the underemployed, small vendors such as sidewalk vendors; cigarette, balut/egg and peanut vendors; watch-your-car boys, hospitality girls, tricycle operators and drivers, pedicab and jeepney drivers, and many more. It is estimated that depending on which definition is chosen about 55% of the workers are in the informal sector. The Department of Labor and Employment together with the Philippine Savings Bank, Development Bank of the Philippines and accredited banks implement the program for informal workers. The program is known as the DOLE Social Protection Program for the workers in the informal sector. The informal sector refers to the households that are unincorporated enterprises consisting of both informal own account enterprises and enterprises of informal employers. The informal sector operates with a low level of organization. There is no division between labor and capital as factors of production and labor relations are based

300 PAGKAIN SAPAT DAPAT on casual employment, kinship or personal and social relations rather than formal or contractual arrangements. To enroll in the program informal workers should be a member of an association or organization; should register with SSS; and should pay a premium monthly through any of the SSS accredited banks. As of 2010, there were a total of 50,000 informal workers enrolled in Social Security System, most of them in Philhealth, 600 in PAGIBIG and some in Philippine National Red Cross. Private partners like the San Miguel Corporation Polo Brewery and Asahi Corporation have been tapped as cooperators. SSS directly administers two programs: social security (SS) which includes maternity, disability, retirement, death and funeral services. It provides replacement income in times of death, sickness, disability, maternity and old age. emp lo y ees co mpensa t ion ( E C) which includes medical services, rehabilitation services and income cash benefit beginning on the first day of disability or sickness, permanent total disability, medical services and appliances. Table 10 summarizes the benefits granted by these programs while Table 11 gives the total number of members and annual expenditures for 2003 to 2005.

Assessment of the Philippine Social Protection Floor Policies 301 Table 10: Social Security System Benefits Cover Benefits Sickness The sickness benefit is a daily cash allowance paid for the number of days a member is unable to work due to sickness or injury. Maternity A daily cash allowance. The maternity benefit is paid only for the first four deliveries and miscarriages on or after May 24, 1997. Maternity benefit applies to complete delivery on or after March 13, 1973. The fifth delivery or miscarriage is no longer paid, even if the benefit had never been availed of in the previous deliveries or miscarriages. The disability benefit provides a monthly pension and a supplemental allowance of P500 paid to the total or partial disability pensioner. Benefits Monthly pension or lump sum to a member who can no longer work due to old age. The death benefit is cash paid to the beneficiaries of a deceased member. Monthly pension or lump sum to the beneficiary of the deceased member.

Disability

Cover Retirement

Death

302 PAGKAIN SAPAT DAPAT Funeral Grant of Php 20,000 to whoever pays the burial expenses of a deceased member or pensioner.

Employee Medical and rehabilitation services, and Compensation cash income benefits to workers who suffer work related illness, or injury resulting in disability or death. Paid simultaneously with other applicable benefits. Loans Salary loans, calamity loans, educational loans and housing loans

Table 11 shows the membership and expenditures of SSS. What is interesting is that in spite of a substantially grown expenditure on benefits and an increase of the labor force the number of members has stagnated. Table 11: SSS Membership and Expenditures, 2003-2005 Membership 2005 2011 Employees 20,835,897 20,009,890 Self-Employed 5,391,739 5,780,998 Expenditure (million PhP) 2005 2011 On Benefits 46,269.8 82,000* Operating Expenses 5,638.4 7,300,0*
Source: SSS * SSS Estimates

2. Government Service Insurance System (GSIS) The GSIS is composed of 1.6 million active members who are employed with the 10,000 government offices

Assessment of the Philippine Social Protection Floor Policies 303 nationwide. There is a total of 250,000 pensioners, those who had reached the age of 60 and those who had retired due to disability. 3. Loans and Pension Program In addition to GSIS regular social insurance programs, it administers a pension program which is the newest loan window for the elderly and the disabled pensioners. Qualified retirees under Republic Act 660, Presidential Decree 1146 or Republic Act 8291 are granted the opportunity to borrow one to six times the amount of their monthly pension but not exceeding PhP 100,000. The loan window is open to old age and disability pensioners who do not have any outstanding stock purchase loans, at an interest rate of 8% per annum. The monthly amortization is paid in 12 months or 24 months through automatic deduction from the regular pensions. Loans may be renewed after full payment. The program was created in 2001 as a loan facility that will answer the needs of pensioners who become unwilling victims of usurious lending. For this type of loan, the GSIS lends an amount of over PhP 1 Billion, a doubling of pension loans released in two years owing to the improved loan processing time. 4. Health insurance The Philippine Health Insurance Corporation or PhilHealth, a government agency, implements the

304 PAGKAIN SAPAT DAPAT National Health Insurance Act of 1995 (Republic Act 7875) through the National Health Insurance Program (NHIP). NHIP replaced and improved the old Medicare Program introduced 23 years earlier. Its mandate is to provide all citizens with the mechanism to gain financial access to health services, in combination with other government health programs. Under the National Insurance Act all citizens of the country are required to enroll in the NHIP to become PhilHealth members to avoid adverse selection and social inequity. Members are assigned with a permanent and unique PIN or PhilHealth Identification Number. There are several categories of members (see also figure 8): Employees (private sector and Government), who are compulsory members, contributions being paid half by the employer (100-750 PHP per month) Individually paying members (IPP), mainly self employed and informal sector, who are voluntary members and have to pay 100% of the contribution (1200 PHP per year) Sponsored members, the Poor, for whom the contribution 100% is paid by the state. Overseas Filipino Workers (OFW), (900 PHP per year) Retirees over 65, who are enrolled free of charge if they have at least 120 months prior enrollment Family members, who are insured with the members free of charge.

Assessment of the Philippine Social Protection Floor Policies 305 Figure 4: PhilHealth Membership Structure

In the context of this paper it is important that people the moment they get unemployed lose their PhilHealth entitlement unless they do become IPP and pay the contribution on their own. There is no cushioning like special transition regulations for people getting unemployed. (Usually the employees keep their membership for 3 months as the contributions paid entitle for three months). T o date total coverage is estimated to be around 66% of the population, where the coverage in the formal sector is close to 100%11 and in the informal sector around 50% (see Table 12). Coverage varies very much according to regions and is highest in Manila and lowest in ARMM (Muslim Mindanao, see Table 13). Comparing the different population groups, coverage is the lowest in the group of the informal sector non-poor (individually paying members). ________________________
11

There are no exact estimates as to in how far compulsory membership is enforced. There are estimates that there is an evasion of about 10%. This is why coverage rate is extimated with 90%.

306 PAGKAIN SAPAT DAPAT Table 12: Enrollment 2008 and Target (Estimates)
% of Pop Formal Sector Informal Sector IPP Sponsored Total 45,0% 55,0% 30,0% 25,0% 100,0% % coverage Cov.In % of T arget (Cov. of sector T otal Pop of Sector) 90,0% 49,1% 40,0% 60.0% 40,5% 27,0% 12,0% 15,0% 67,5% 97% 75%

Source: Philhealth, own estimates12

The formal sector includes about 45% of the population in the Philippines and is covered by PhilHealth already. The informal sector can be divided into: Those being part of the informal sector, but not poor (app. 30% of the population and 12% PhilHealth insured). They become members of PhilHealth on a voluntary basis through the Individually Paying Program (IPP). Presently 40% of the IPP targeted population is covered. Those being part of the informal sector and poor (app. 25% of the population and 15% PhilHealth insured). PhilHealth should automatically cover these people with the national government and local government units (LGU) jointly paying their contributions (Sponsered Program). Presently 60-70% of the SP target population is covered. _________________________

12

The membership data is from Phil-Health. Data missing was estimated based on population data and summing up to 100%. The information on coverage is diverging. Phil-Health speaks of over 80% coverage. The President in his 2010 SONA spoke of 60%.

Assessment of the Philippine Social Protection Floor Policies 307 Benefits include: Inpatient coverage. PhilHealth provides subsidy for room and board, drugs and medicines, laboratories, operating room and professional fees for confinements of not less than 24 hours. Please refer to the table of rate ceilings/maximum allowances in the attachment for inpatient coverage.

Table 13: Coverage according to Regions, January 2009


Population Estimates NCR/Rizal CAR I II III IV-A IV-B V VI VII VIII IX X XI XII Caraga ARMM Total 14,233,782 1,686,419 5,195,502 3,445,319 10,096,469 7,011,690 5,173.708 5,758,872 7,646,953 7,007,267 4,444,267 3,395,066 4,301,925 4,527,594 3,766,897 2,578,332 3,743,137 2009 PHIC Coverage 11,016,510 1,180,410 3,211,049 1,534,779 7,316,337 5,640,704 3,410,828 2,917,742 4,672,104 4,325,775 2,067,328 1,721,204 4,140,594 3,320,508 2,893,900 1,596,715 1,317,503 % 77,4% 70,0% 61,8% 44,5% 72,5% 80,4% 65,9% 50,7% 61,1% 61,7% 46,5% 50,7% 96,2% 73,3% 76,8% 61,9% 35,2% 66,3%

94,013,199 62,283,990 Source: Philhealth

308 PAGKAIN SAPAT DAPAT and cancer treatment procedures such as chemotheraphy and radiotherapy in accredited hospitals and free-standing clinics. Special benefit packages. Coverage for up to the fourth normal delivery, Newborn Care Package, TB treatment through DOTS, etc. Benefits are capped with maximum amounts depending on the severity of the diagnosis, level of hospital and type of benefit (see attachment). In May 2009, PhilHealth with GTZ support carried out a study in region 8, in order to get figures about drugs bought outside the hospital, parallel Professional Fees payment, etc. The results showed that the support value is 27% on average, around 50% in government hospitals and 20% in private hospitals. Looking at the different care levels, figure 10 shows that the support value is highest in tertiary hospitals and lowest in secondary facilities. If we look at the different benefit types, figure 11 shows that the support value is lowest in drugs and professional fees. Providers normally are not bound to a fee schedule though PhilHealth has for many years made efforts to control prices and quality (though contracting). Some providers though, according to anecdotal evidence, adjust their prices to the ability to pay of the patients. But in general a fact is that people who are not able to pay the part that exceeds PhilHelath reimbursement, get no treatment. The problem mainly arises through the existing system of provider relations. Ideally a social health insurance

Outpatient coverage. Day surgeries, dialysis

Assessment of the Philippine Social Protection Floor Policies 309 contracts and directly and completely reimburses providers. The PhilHealth payments corresponding to the costs for room and board, professional fees and drugs and investigations purchased in the hospitals are directly paid to the hospitals bank accounts (PhilHealth share). And the hospitals deduct those amounts from the patient payment upon discharge. For drugs purchased outside the hospital, the members send a separate claim to PhilHealth but the amounts are much smaller than the ones observed in the third party payment system. Even though PhilHealth reimburses the provider directly, the exceeding part is paid cash by the patient. This leads to the situation that the patient is a financial buffer between provider and health insurance and in the end has to bear the risk of pricing. In absence of binding fee schedule, it would also not be a solution to lift the cap on PhilHealth benefits as providers may raise their fees at the moment they get aware that patients get higher reimbursement. Another problem in the Philippines is the high level of confinement. Many medical procedures, especially surgical ones are done in hospitals keeping patients hospitalized for some days though the procedures could be done on an outpatient basis. PhilHealth supports this through its benefit scheme, which mainly reimburses hospital bills but no outpatient. It could be evaluated if under certain conditions it would not be appropriate to reimburse outpatient surgery for example if this avoids confinement. One might wonder why in spite of the fact that the poor are covered free of charge there is no 100% coverage of the poor population. There are various reasons for this:

310 PAGKAIN SAPAT DAPAT Figure 5: Comparison of Support Values between Hospital Categories (Based on Pilot Test Conducted in Phro VIII)

Source: Philhealth/GTZ 2010

Figure 6: Support Values of Different Benefit Items

Source: Philhealth

Assessment of the Philippine Social Protection Floor Policies 311 1. Even if the premium is covered 100%, there is still a large copayment because the benefits have a low support value. Poor people cannot afford the exceeding part and thus see no benefit in a registration, even if it is free. This might be also a reason for the low relative consumption (see figure 12) Figure 7: Relative Consumption

Source: Philhealth

2. Local Government Units are supposed to pay a share of the costs of the premium for the poor (between 10% and 90%). Many LGUs do not comply with their obligations. 3. There are problems with the identification of the poor (which is the task of the LGUs), the current means test being not

312 PAGKAIN SAPAT DAPAT efficient and fraud happening and LGUs not making enough efforts to register the poor. The cards are also used politically by the LGUs within a patronage system. You vote for me, I give you the card, whatever your level of income. 4. There is low awareness about the possibility of free membership among the poor. If the LGU is poor, e.g. category 6, then it will have to pay 10% of the 1,200 P contribution = 120 PHP. But at the same time, the same LGU gets a 300 P subsidy from PhilHealth as capitation payment for the Sponsored member to benefit from outpatient care in the Rural Health Unit (RHU). Result is that the LGU is making a 180 PHP profit for every sponsored card. But it can keep that money for other purposes (no legal way to force LGUs to spend that money in buying drugs for the RHU for example). In order to boost coverage among the sponsored members and the IPP, basically PhilHealth should increase the support value, raise awareness and secure funding. C. Social Assistance and Welfare Programs The Department of Social Welfare and Development, the key government agency involved in providing social assistance to the disadvantaged and the vulnerable sector, implements programs that cater to the short term needs of labor and rural

Assessment of the Philippine Social Protection Floor Policies 313 sector when they face shocks and sudden disruption of income caused by disability, disasters and the like. Key programs are described below. 1. Pantawid Pamilyang Pilipino Program (4Ps) The 4Ps is one of the more comprehensive programs in Asia. It was started only in 2008. The 4Ps is a means-tested CCT program following the model of Latin America, especially in Brazil and Mexico. The 4Ps provides grants to poor families, particularly to improve the health, nutrition, and education of children aged 014 years. It aims at short-term poverty alleviation to break the intergenerational poverty cycle through investment in human capital. The specific features of this program are (i) regional targeting combined with proxy means test, and (ii) conditionality and grants that are uniform but depend to some extend on the household size. The program is targeted at the Philippines poorest households, which are selected through a three-step means test. 1. Step 1Regional targeting at the provincial level: the countrys 20 poorest provinces are selected based on the family income and expenditure survey. In addition, the poorest provinces in each of the six regions are included. Nine target cities are selected: 5 in the National Capital Region, 2 in the Visayas, 2 in Mindanao, and 1 city in the Cordillera.

314 PAGKAIN SAPAT DAPAT 2. Step 2Regional targeting at the municipality level: The poorest municipalities in the above mentioned provinces are selected based on small area estimates and on the family income and expenditure survey. 3. Step 3 Household-level targeting: The poorest households in the abovementioned areas are selected based on a computerized ranking system and proxy means test. The means test uses criteria such as ownership of assets and appliances, type of housing unit, level of education attained by the household heads, and access to water and sanitation facilities. Community assemblies are conducted to finalize the selection process in the communities. In 2011, 2.3 million households were identified through means testing. The beneficiaries receive 2 types of grants 1. P6,000 ($130) per year or P500 ($11) per month per household independent of the number of household members and the number of children for covering health and nutrition expenses; and 2. P3,000 ($65) per school year (10 months) or $6.5 per month per child for covering education expenses, for a maximum of three children. Thus, a household with three children can receive P1,400 ($31) per month or P15,000 ($372) per year.

Table 14: Development of 4P 2007-2011 2007 50.0M 6,000 20,000 321,000 1M 2008 298.5M Years 2009 5.0B 2010 10.0B 2011 21.2B 2.3M

Budget (In PhP) Number of Target Beneficiaries/Households

Assessment of the Philippine Social Protection Floor Policies 315

Source:DSWD Presentation to the Senate Committee on Finance

To avail of the benefits, the families have to comply with conditions: 1. Pregnant women must avail of pre- and postnatal care. The birth must be attended by a professional birth attendant. 2. Parents or guardians must attend qualified parenthood sessions, mothers classes, and parent effectiveness seminars. 3. Children 05 must receive regular preventive health checkups and vaccinations. 4. Children 35 must attend day care or preschool classes at least 85% of the school days. 5. Children 614 must enroll in elementary or high school and attend at least 85% of the school days. 6. Children 64 must take deworming pills every 5 months.

316 PAGKAIN SAPAT DAPAT The cash grant is paid quarterly through a major bank in the Philippines (the Landbank) or authorized rural banks using a cash card. The intention is for the most responsible person in the household to receive and manage the cash. Where there are no ATMs and cash provision through card is not possible, over-the-counter payment is permissible. The households will receive the cash grant for a maximum of 5 years. The program is managed through the Department of Social Welfare together with an advisory council composed of representatives from the Ministry of Education, Ministry of Health, Department of Local Government, and local government. Compliance with conditions is monitored by the municipalities. Noncompliance will lead to suspension of the cash grant. The program is monitored by a private sector committee. There are grievance committees at municipal, regional, and national levels to ensure proper implementation and transparency. A budget of P10 billion per year has been allotted for this program (assuming about 700,000 beneficiary families). 2. Senior Citizens Medicine and Food Discounts With the implementation of the law covering senior citizens , the Republic Act 7432, senior citizens aged 60 and above, whose income fall below sixty thousand pesos per annum are entitled to certain benefits as follows: Free medical and dental services in government establishments;

Assessment of the Philippine Social Protection Floor Policies 317

to utilization of transportation services, hotels and similar lodging establishment, restaurants and recreation centers; and 20% discount in admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement. Owing to the way that these subsidies are delivered, i.e. at point of service/ purchase, it is not possible to provide an overall estimate their monetary value.

Exemption from payment of individual income taxes; 20% discount in the purchases of medicine from drugstores ; 20% discount from all establishment relative
13

3. Rehabilitation Centers (AVRC and NVRC) DSWD runs several centers that provide rehabilitation programs and services to persons with disabilities (PWDs) and other special groups. Services are also rendered for the elderly and dependents of PWDs to enable them to live a useful and satisfying life. There are three AVRCs in the country. These are located in Regions I, VII, IX. The NVRC is in Project 4, Quezon City under DSWD-NCR. The following centers provided training to 1229 persons with disabilities in 2005, broken down as follows: _________________________
13

Mercury Drug, a leading drug chain store, has served thousands of senior citizens and extended 20% discounts for medicines under this program.

318 PAGKAIN SAPAT DAPAT

NVRC 635 PWDs AVRC Region I 220 PWDs AVRC RegionII 222 PWDs AVRC Region III 81 PWDs Center for Handicapped 71 PWDs In addition, 741 children and youth with
4. The Social Amelioration Program (SAP)

disabilities were provided with educational and vocational training.

DOLE assists the sugar workers under the aims to augment the income of sugar workers and to finance socio-economic programs to improve the livelihood and well-being of the sugar workers. Cash bonuses are distributed to covered workers and maternity and death benefits and socio-economic projects are financed by funds derived from related liens and interest earnings of the SAP. SAP also includes the Sugar Workers Death Benefit program, a financial assistance to defray the cost of funeral and related expenses payable to the beneficiaries of the deceased covered sugar workers. It is funded out of the 5% of the liens collected per picul of raw sugar program. The program is implemented in the Visayas, one of the 3 major islands of the Philippines. 5. Disaster/ Emergency Relief In terms of response to displaced families due to calamities or other forms of emergencies, the government

Assessment of the Philippine Social Protection Floor Policies 319 has introduced the Emergency Housing Assistance Program. The program addresses the need of families rendered homeless due to natural calamities or man made disasters. This entails the provision of temporary shelter and evacuation centers for immediate relief of the affected families, the provision of home materials assistance for housing reconstruction, and the development of new settlements for permanently displaced families. GSIS administers a loan program for all active members or those who are still in service. Emergency loan assistance is granted as a one-time financial assistance package to all GSIS active members to help them pay tuition fees of their children and dependents. Educational Assistance Loans reached about PhP45.5 Million in 2003 and PhP48.7 Million in 2002. Calamity Loans are granted to active members affected by typhoon, earthquake and or disaster. In 2003 and 2002, the GSIS provided about PhP1.9 Billion per year for this type of loan. In 2005, the disbursements to victims of natural calamities amounted to PhP39.92 million. The GSIS reported that in 2005, the total of 31,503 loan releases reached the One Billion Peso mark, doubling the releases in just two years. The Home Development Mutual Fund (HDMF), another housing agency, provides financial assistance (loans) to Pag-IBIG members who are victims in calamitystricken areas. Members must have made at least 24 monthly contributions, are actively paying contributions at the time they apply for a loan, and are committed to continuously remit contributions for the term of the loan to be eligible. The majority of the PAG- IBIG members are employed and do not belong to low income families.

320 PAGKAIN SAPAT DAPAT 6. The Philippine Charity Sweepstakes Office (PCSO) PCSO extends assistance to indigents through programs like PCSO individual medical assistance programs, endowment program, charitable institutions, supplemental feeding program, and greater Medicare access. The Philippine Charity Sweepstakes Office (PCSO) is the principal government agency for raising and providing funds for health programs, medical assistance and services, and charities of national character. The PCSO holds and conducts charity sweepstakes, races, and lotteries and engages in health and welfare-related investments, projects, and activities to provide for permanent and continuing sources of funds for its programs. It also undertakes other activities to enhance and expand such fund-generating operations as well as strengthen the agencys fundmanagement capabilities. The PCSO is also engaged in various social welfare and development programs. The main programs of the agency are as follows: endowment fund/quality health care program, individual medical assistance program, community outreach program, ambulance donation program, national calamity and disaster program, and hospital renovation and improvement of health care facilities. Also, the agency makes mandatory contributions to government agencies to assist them in their various social projects as well as regular quarterly and monthly contributions to charitable institutions engaged in giving welfare services to the children and youth who are either

Assessment of the Philippine Social Protection Floor Policies 321 abandoned or exploited, the elderly, and the physically and mentally handicapped, among others. In 2005, PCSO gave out PhP15.6 million as aid to calamity victims, PhP 1.1 billion for medical assistance and PhP 41,000 as assistance to charitable institutions. 7. The Tindahan Natin This project (translated as Our Store) provides lowpriced but good quality rice and noodles through a store jointly identified and endorsed by the DSWD, the local government units, the barangay council and subsequently accredited by the National Food Authority. The barangay14 officials keep a masterlist of the names of residents and their allowed weekly allocation of rice and noodles. The project started in 2006 and now covers about 49 areas. The DSWD plans to expand the project and has proposed under the 2007 budget to fund 7,725 Tindahan Natin operators that are expected to benefit 1.9 million families with improved food security. As this program commenced mid 2006 it will not be included in the computations for this study. 8. Other Social Assistance Programs Protective Services of Persons in Especially Difficult Circumstances: the project received funding assistance amounting to PhP 331.5 million from UNICEF. Pilot sites are in Regions I, VII, IX, XII, NCR. Those benefited were mostly women who were physically abused, victims _________________________
14

Barangays or villages are the smallest political units

322 PAGKAIN SAPAT DAPAT of sexual abuse, victims of armed conflict, victims of illegal recruitment, and children who were victims of rape, incest, acts of lasciviousness and victims of prostitutions. The exact number could not be determined as several agencies are involved in this program. Other social assistance programs are targeted to the disadvantaged and the vulnerable, e.g. children and youth who are either abandoned, exploited or abused, the elderly and the physically and mentally handicapped, persons in especially difficult circumstances. Of note are the school feeding and free milk programs for grade 1 students (mostly about 6 to 7 years old) designed to both reduce school absenteeism and improve nutrition. This program is described under the section on Child Protection. There are also subsidies to treat and rehabilitate drug dependent youth and others15. D. Micro Programs 1. The Kapit Bisig Laban sa Kahirapan (KALAHI-CIDSS) The KALAHI-CIDSS is DSWDs centerpiece social development project that empowers the poorest barangays to plan, implement and manage their own community projects like roads, water systems, electrification and other infrastructure projects in the poorest communities. Funding comes from government contributions (approximately 30%) and the World Bank (70%). _________________________
15

The programs targeted at children are described in section F below.

Assessment of the Philippine Social Protection Floor Policies 323 The project targets the poorest 25 percent of municipalities in the 42 poorest provinces in the country. The project also employs interventions geared towards providing security and protection for the poor, and identified vulnerable groups, including victims of armed conflict, as well as communities and individuals that lack access to basic social services. At completion in 2009, KALAHI-CIDSS is expected to have provided assistance to 4,270 poor communities in 177 municipalities. Kalahi currently operates in 2,367 barangays in 13 regions. In Mindanao, particularly in areas where the New Peoples Army (NPA) and the Moro Islamic Liberation (MILF) are actively operating, the project has been implemented in 35 municipalities. Since project inception in 2003, a total of PhP 1.8 billion has been provided, of which PhP 1.6 billion has been in the form of grants and a little over 1 million persons have benefited. In 2005, expenditure was about PhP 747 million. As a complementary project, the Japan Social Development Fund - Social Inclusion Project (JSDFSIP) was launched to ensure the inclusion of indigenous peoples, people in conflict-affected areas and women in mainstream KALAHI-CIDSS activities at the community level. A total of 130 barangays in 37 KALAHI-CIDSS municipalities across 11 regions have been selected as JSDF-SIP sites through a Social Exclusion Mapping study. SIPs strategy is to create innovative approaches towards maximum and genuine peoples participation, particularly the vulnerable groups in order to make them productive members of the community and encourage

324 PAGKAIN SAPAT DAPAT sustainable community development, a principle which forms the essence of KALAHI-CIDSS and the National Anti-Poverty Program of the government. 2. Self Employment Assistance Kaunlaran (SEA K) project. The DSWD started this program in 1993 to provide the poor with technical assistance and seed capital to start their own business. The SEA - K aims to enhance the socioeconomic skills of poor families in partnership with the local government units. The project organizes community-based associations to develop the entrepreneurial skills of the members. Members can borrow up to a maximum loan of PhP 125,000 to finance small businesses, payable in monthly installments for 1- 2 years at zero interest. From interviews with DSWD staff the rate of recoverability was estimated at 80%. It also lends for home improvements at 6% interest rate per year to assist members improve their housing. There are two levels of financing: In Level 1, the start up program, about PhP 96 million was released to benefit about 20,775 families in 2005. Twenty to thirty members form an association to save and borrow for their businesses. Level 2, also called SEA Kabayan, is the merger of 2 - 5 groups that have established a good track record in terms of managing their finances and to generate saving. Under this level, funding assistance valued at PhP 31million was disbursed benefiting about 1,615 families who were provided a higher level of capability and entrepreneurial skills training and capital seed fund for micro enterprise.

Assessment of the Philippine Social Protection Floor Policies325 3. Microfinance

The microfinance industry in the Philippines has been evolving over the last 3 decades. In the early 1980s, it was dominated by nongovernmental organizations (NGOs) that were dependent on external grant funding. Later, government agencies also received funding assistance from external sources for microfinance projects. In recent years, small banks have entered into the industry and their microfinance operations expanded. The entry of new microfinance banks, cooperatives and established commercial banks, government financial institutions as wholesalers of microfinance, into the microfinance industry has changed the landscape of microfinance. Target groups for microfinance have also expanded to include low income men, women, and the children and the poorest of the poor.16 In the 10 point agenda outlined in the Medium Term Philippine Development Plan (2004 2010) the Arroyo government aims to generate 10 million jobs during the plan period through schemes including microfinance. Patterned after the Grameen Bank of Bangladesh scheme established in 1976, the government has adopted the original concept of microfinance where 5-8 persons comprising a cluster or cell is formed. Centers are responsible for screening the borrowers and ensuring the repayment of loans granted to a member or cell. As in Grameen scheme, repayment of loans is ensured through _________________________
16

Asian Development Bank, 2005, Annual Report 2004. Theme Paper No. 14 The Changing Face of the Microfinance industry, Manila: ADB

326 PAGKAIN SAPAT DAPAT social collateral, third party guarantees, peer pressure and moral persuasion amongst members. Microfinance loans are defined as those that do not amount to more than PhP150,000. The respective roles of various players in microfinance are determined by the policy framework and their relative comparative advantages in providing financial services to the poor. The National Anti-Poverty Commission, established in June 1998, oversees the implementation of microfinance as the national strategy for delivering financial services to the poor. Table 15 summarises the respective roles of the different microfinancing institutions. Table 15: Institutional Framework for Microfinance Institutions Responsibilities Microfinance Institutions (MFIs) National Government through the National Credit Council Engaged in sound,sustainable and viable microfinance intermediation. Provides a market-oriented financial and credit policy environment which will promote efficient financial markets, and help private microfinance institutions broaden and deepen their microfinancial services; National Credit Serves as the microfinance Council (NCC) policy making body Peoples Credit and The government credit Finance Corporation corporation serving poor (PCFC) households and microenterpises, through provision of wholesale (loanable funds) and technical assistance to the MFIs and

Assessment of the Philippine Social Protection Floor Policies 327 support the development of innovative financial products/ services for poor households/ microenterprises; Government financial institutions (GFIs) Provide wholesale funds (including those sourced from foreign borrowings) to MFIs which do not have access to wholesale loans from private commercial banks Provide wholesale funds and financial services to MFIs Provide technical assistance in facilitating the linkage between the poor households/microenterprises and microfinance institutions, community organizations and capacity building of the target clientele; Provide assistance to social preparation activities, and those that will lead to the broadening and deepening of microfinance services such as: development of microfinance products, training in microfinance technologies, and upgrading of performance standards.

Commercial and other private banks NGOs

Donors

For this study, the activities of four major programs/ attached agencies of the Land Bank of the Philippines, a government financing institution and the biggest provider/ conduit of microfinance, have been included. These microfinance companies serve the poor in the urban and rural areas, micro-entrerpreneurs, the farmers affected by the agrarian reform, other small farmers, and fisherfolk.

328 PAGKAIN SAPAT DAPAT The Peoples Credit and Finance Corporation (PCFC) The PCFC, a subsidiary corporation of the Land Bank of the Philippines, was created through Administrative Order 148 (September 8, 1994) as a wholesale funding mechanism. It is essentially a microfinance company tasked to provide affordable credit to the marginalized sector of the country 17 and was authorized to mobilize financial resources from both local and international sources. PCFC disburses loans to the beneficiaries through conduits or providers like rural banks, NGOs and cooperative banks. Total releases for 2005 reached PhP 1.27 billion while the total outstanding portfolio as of 31 December 2005 stood at PhP 3.17 billion with an actual cumulative outreach of 1.65 million active borrowers. PCFCs network of MFIs operates in all the 80 provinces in the country. As at end of 2005 the number of borrowers from microfinance institutions registered a substantial increase of 28% over the previous year. The performance was registered by all three providers, rural banks, NGOs and cooperatives. NGOs/cooperatives served 12,107 more active borrowers than the rural banks. The National Livelihood Support Fund (NLSF) The NLSF was established in 1981 by virtue of Executive Order 715 to support the implementation of the then Kilusang Kabuhayan at Kaunlaran (KKK) program. Under the KKK program, the NLSFs mandate was to provide livelihood _________________________
17

By virtue of the Social Reform and Poverty Alleviation Act (R.A. 8425)

Assessment of the Philippine Social Protection Floor Policies 329 credit to the poor and the marginalized sectors of the society. Later its mandate was strengthened with the enactment of Republic Act No. 6657 (Comprehensive Agrarian Reform Law) Section 37 of which transferred and attached the agency to the Land Bank of the Philippines and directed the use of the fund for support services to agrarian reform beneficiaries. Farmers in agrarian reform communities have been the main client group. The agency also serves other marginalized sectors through special tie-up programs. The Fund aims to promote, generate and develop sustainable community based micro enterprises particularly for farmer households in the agrarian reform zones, fisherfolks, the unemployed and other marginalized sectors especially in the rural areas to boost economic growth. The Fund employs the wholesale lending approach in all its credit programs, utilizing program partners/conduits to retail the funds to the target beneficiaries. Microfinance Institutions (MFIs) The MFI program of the Land Bank of the Philippines has established a microfinance program in support of the governments call to address the credit requirements of the Barangay Micro Business Enterprises (BMBEs) and the poor sector by opening a special wholesale financing window. The program started mid year 2005 and had served about 20,000 borrowers by the end of the year. The program provides funds to MFI retailers which in turn on-lend to microfinance sub-borrowers. MFI retailers include cooperatives, countryside financial institutions, and non government organizations.

330 PAGKAIN SAPAT DAPAT Loans for small farmers and fisherfolk This scheme provides credit assistance to small farmers. In 2005, with Asian Development bank funding assistance, loan releases reached PhP 16.8 billion. These loans were lent through 1,075 partner cooperatives and 422 countryside financial institutions or CFIs (rural banks, cooperative banks, and development banks) and Quedancor. The loans benefited more than 322,000 small farmers and fisherfolk. In 2005, LBP and Quedancor also worked together to provide PhP1.6 billion in credit assistance to self help groups of farmers who are not members of cooperatives. Several foreign-assisted programs are also targeted at small farmers and fisherfolk18: JBIC-Rural Farmers and Agrarian Support Credit Program amounting to US $ 86.8 million (PhP4 billion) for crop production and fixed asset acquisition of the Comprehensive Agrarian Reform Program beneficiaries in targeted agrarian reform communities JBIC Asean Japan Development Fund amounting to US$ 57.7 million (PhP2.7 billion) for small farmers and cooperatives to increase their income generating capacity. Asian Development Bank Small Farmers Credit Project: US $ 75 million (PhP3.5 billion) is aimed at improving productivity and income of small farmers and strengthening the rural financial system. _________________________

18

Not all these programs will be included in the calculations as they do not fall within the studys definition of social protection.

Assessment of the Philippine Social Protection Floor Policies 331 4. Micro-insurance

Micro-insurance is a subset of insurance that provides financial protection to the poor for certain risks in a way that reflects their cash constraints and coverage requirements. As defined in the Insurance Code, the term micro-insurance refers to the insurance business activity of providing specific insurance products that meet the needs of the disadvantaged for risk protection and relief against distress or misfortune. A micro-insurance product is an insurance policy where (i) the amount of premium computed on a daily basis does not exceed ten percent (10%) of the current daily minimum wage rate for non-agricultural workers in Metro Manila and (ii) the maximum amount of life insurance coverage is not more than five hundred (500) times the daily minimum wage rate for non-agricultural workers in Metro Manila19. Mutual Benefit Associations (MBA) are the primary insurance vehicle for low income families. Any MBA wholly engaged in the business of providing microinsurance for their members shall be referred as Microinsurance MBA20. Any existing and or new MBA shall be considered wholly engaged in micro-insurance if: it only provides micro-insurance policies to its members and it has at least five thousand (5,000) member clients

_________________________
19

Insurance Memorandum Circular dated September 2006 issued by Insurance Commission. 20 Ibid.

332 PAGKAIN SAPAT DAPAT Of the MBAs licensed by the Insurance Commission, the Center for Agriculture and Rural Development (CARD) MBA has the biggest membership at 722,495. The second and third largest in terms of membership are Tulay sa Pagunlad Inc and Alalay sa Kaunlaran with 400,000 and 271,105 members respectively. These two organizations were licensed as MBAs in 2006. As of 31 December 2005, MBAs had a total membership of 1,424,930 (Table 16). This is further broken down into two groups: A. the salaried or fixed income; and B. variable income. Only the MBAs serving those with variable income were included in the computation of the SPI. The variable income comprised of informal workers, farmers, fisherfolks, small businessmen, and other low income groups. In 2005, membership contributions of the three NGOs licensed as MBAs in category B amounted to PhP 11.9 million. Table 16: MBA Membership as of 31 December 2005
MBAs A. Salaried/Fixed income Armed Forces of the Philippines, teachers associations, government and private employees associations etc. B. Variable income NGO-led MBAs Total 744, 049 1,424,930
Source: Insurance Commission

Membership

Members Contributions

680,881

NA

PhP11.9 million NA

Assessment of the Philippine Social Protection Floor Policies 333 CARD MBA is a successful example of micro-insurance in the Philippines. In 1994, the NGO offered basic life insurance packages and subsequently, a pension package which is a more complex product, to its members. The NGO eventually extricated itself from this product as it realized that the continued implementation of the scheme would diminish CARDs capital and would make it difficult to comply with the obligation to its members. From a members mutual fund in 1994 CARD converted to a mutual benefit association in 1999. Learning from the lessons in previous operations, CARD decided to get professionals who would operate the service under a new management. CARD received an insurance license in 2001. T oday, CARD MBA provides life insurance to some 700,000 low income individuals, provident fund and loan redemption cover to members of CARD Inc and CARD Bank. Details of the scheme are provided in Table 17. A recent evaluation study21 concluded that the CARD scheme responds to the insurance needs of its clients in terms of: protection for the death of the breadwinner, protection against the need to repay the loan in case the borrower, who is often the breadwinner, becomes sick or disabled, and retirement savings. 5. Agricultural insurance The Philippine Crop Insurance Corporation (PCIC) provides insurance protection to the countrys agricultural producers, particularly the subsistence farmers, against _________________________
21

Sicat, Alan and Graham, Matt for MIX, 2006, 2004 Philippines Benchmarking Report, MIX, April 2006.

334 PAGKAIN SAPAT DAPAT

Table 17: Features of CARDs Micro-insurance Scheme Scheme Type Life insurance Provident fund (long Loan Redemption Characteristic term savings, not insurance Group or Has elements of both Individual Group individual product individual and group policies. Essentially an individual policy. Term Whole life Upon retirement at 65 Same term as linked years old loan Eligibility CARD Inc. or CARD CARD Inc. or CARD CARD Inc. or CARD requirements Bank member Bank member, member Bank member, member of other authorized MFI of other authorized which has a valid contract MFI which has a valid with MBA contract with MBA Renewal Renewals match loan n/a Automatic renewal requirements renewals with each loan Rejection rate Depends on CARD n/a Depends on CARD Inc or CARD Bank Inc or CARD Bank

Voluntary or compulsory Product coverage A guaranteed payment of a single sum at age 65;the value is determined based on the value of premiums received plus accumulated interest (currently 8% per annum)

Compulsory

Compulsory

Compulsory

Single payment at death or total or permanent disability of member

Key exclusions

None For CARD members P5.00 per week ( US $0.09) For other MFI members P20 per month (US $ .036)

In case of members death or total and permanent disability, the balance of that members loan will be repaid, additional benefit equal to the amount of loan already repaid is payable to the indicated beneficiary. None 1.5% of loan value per annum, deducted or paid at loan payment to member

Assessment of the Philippine Social Protection Floor Policies 335

Pricing premiums

Members recognized after May 31 For Card members: PhP 5 per week

336 PAGKAIN SAPAT DAPAT crop losses arising from natural calamities, plant diseases and pest infestations and non crop agricultural losses due to perils for which the asset has been insured against22. The different agricultural insurance schemes are for rice and corn crops. Both types of insurance cover the cost of production inputs (based on a Farm Plan Budget) plus an amount of cover at the option of the farmer of up to a maximum of 20% to cover part of the value of the expected yield. The amount of premium varies per region, per season and per risk classification and which will be shared by the farmer, the lending institution and the government. Covered risks include natural disasters including typhoons, floods, drought, earthquakes, and volcanic eruptions and plant diseases. Those eligible to participate in this program are: farmers who obtain production loans from any lending institution participating in the government supervised rice production programs, government owned corporationsand financial institutions, NGOs, Department of Interior and Local Government sponsored credit programs. Any self financed farmer/organization and peoples organization (PO) or group of farmers who agree to place himself / themselves under the technical supervision of PCIC accredited agricultural production supervision.

_________________________
22

Insurance cover for high value crops and non-crop agricultural assets for commercial farming has not been included in this study.

Assessment of the Philippine Social Protection Floor Policies 337 PCIC also provides insurance cover for livestock (e.g. cattle, carabao, horse, swine, goat, sheep, poultry, game fowls). The types of insurance cover are: non commercial mortality insurance, commercial mortality insurance, special cover for livestock dispersal, and special cover for game fowls and animals. Premium rates are determined as a percentage of sum insured. Insurance is also available for non crop agricultural assets. Types of insurance cover under the program include fire and lightning, agricultural equipment and machinery and commercial vehicles used for agricultural purposes. The period of cover shall be for a maximum of one (1) year. For livestock and non crop agricultural asset insurance programs, the payment of premiums is solely shouldered by the farmer. In 2005, there were 50,139 households who participated and were covered by the agricultural insurance schemes administered by the Philippine Crop Insurance Corporation. Of those covered about 32% claimed and received benefits. E. Child Protection 1. The Food for School Program The Food for School Program (FSP) is an immediate intervention in the form of food subsidy for pupils in Grade I, pre-school and day care center, and who belong to poor families in identified vulnerable municipalities or priority areas within regions of the Philippines. The subsidy includes a daily ration of

338 PAGKAIN SAPAT DAPAT one kilo of rice for a limited period, provided that the child attends school or day care center daily. The volume of rice delivered is based on the list of beneficiaries or enrollees submitted by the schools or day care centers. The objectives of the program are to mitigate hunger of poor families and improve school attendance of their children. The program is implemented by the Department of Education, National Nutrition Council, Department of Social Welfare and Development, National Food Authority and the Department of Interior and Local Government23. An interagency Technical Working Group is tasked to monitor and evaluate the program twice yearly at the national level, quarterly at regional level and monthly at the provincial and municipal levels. The FSP covered 6,319 selected schools all over the country, with a total of 610,793 beneficiaries, 84% were in Grade I and 16% in pre-elementary. The three regions which had the biggest number of beneficiaries were Metro Manila, Autonomous Region in Muslim Mindanao and Bicol. 2. Residential Centers for Children There are 38 residential institutions for abused, orphaned, abandoned, neglected and exploited children, aged 7-17 years old nationwide. Table 18 shows the type of center and clientele category. _________________________
23

Department of Education, 2006.

Assessment of the Philippine Social Protection Floor Policies 339 Table 18: Residential Centers for Children and Youths
Client category Children Children and Youth Youth Centers Reception and Study Centers for Children Lingap Center, Ahon Bata Center, Nayon ng Kabataan, Home for Girls, Home for Boys National Training School for Boys, Regional Rehabilitation Centers for Youth, Marillac Hills, Youth Hostel Number 10 16

13

3. Child Protection Services Child protection services provide a series of programs and services designed to prevent abuse and exploitation among children, and/ or to provide treatment and rehabilitation to victims and survivors of abuse and exploitation. From January to June, 2006, the Department of Social Welfare and Development handled about 4,906 cases in the country involving children with special needs as a result of abandonment, neglect, abuse, maltreatment, rape, prostitution, paedophilia, pornography, illegal recruitment, child trafficking and armed conflict. Several NGOs are involved in child protection programs. One of the largest is Bantay Bata which has the advantage of media support because of the foundations linkage with a television network, ABSCBN. To date Bantay Bata has assisted about 1,101 new cases and 2,140 returning cases. Support and counseling are done personally and mostly through phone calls. Table 19 shows the different services

340 PAGKAIN SAPAT DAPAT provided by Bantay Bata in two major cities. Data on expenditures for 2005 could not be obtained. Aside from counseling, Bantay Bata has feeding programs in Quezon City which benefited 366 malnourished children and resulted in a dramatic drop in cases of malnourishment. Bantay Bata has replicated its programs in communities in several provinces: Guagua, Pampanga, Antipolo, Rizal and in Navotas. Bantay Bata services also include rescue, home visitation, sheltering of children, medical and legal assistance.

Table 19: Bantay Bata Services in Manila and Davao, December 2005
BANTAY BATA 163 SERVICES (Metro Manila) Calls received and acted upon Phone counsellings provided Children rescued Homes visited Sheltered (Childrens village) Walk-in assistance Medical assistance Legal assistance Court cases handled
January to December 2005

Manila

January to December 2005

Davao

22,409 6,257 49 1,252 44 918 1,094 103 28

2,038 331 19 274 18 258 66 43 19

Assessment of the Philippine Social Protection Floor Policies 341 DOLE, through the Bureau of Women and Young Workers, implements programs on preventive advocacy and effective protection of working children from abuse and exploitation, and promotion of childrens rights and welfare. The program includes activities like action research, organization of parents and communities, development of capabilities of all stakeholders, rehabilitative services, and legal protection including rescue of exploited children in worst forms of child labor through The Sagip Batang Manggagawa project. Agencies including the Philippine National Police, National Bureau of Investigation, local government units and the Department of Social Welfare and Development have separately conducted rescue operations. DOLE alone has conducted 63 operations and rescued 151 children. Other projects that have benefited an estimate of 25,000 children in 2005 include: Street and Urban Working Children Project which received PhP290 million from Australian Government and PhP45.7 million from the government. Child Health and Development 2025 which received assistance from the USAID. Womens Health and Development Program funded with foreign grants/loans and government counterpart funds. Belgian Integrated Agrarian Reform Support Program funded by Belgium to benefit outof-school youth or the rural poor.

342 PAGKAIN SAPAT DAPAT IV. Gap Analysis A. Financial Assessment Most programs associated with social protection in the Philippines are government led and multi-sectoral in terms of target beneficiaries. However, as in many other Asian countries, social protection schemes in the Philippines have traditionally been largely confined to a formal social insurance system which provides a high level of protection but for formal and public sector employees only. More recently, and especially in the last few years, social protection activities are seen as an essential component of poverty reduction programs. In consequence, a number of programs, especially related to health care, micro-credit, and assistance to vulnerable groups such as children with special needs, are being formulated and implemented. As is evident from the descriptions of social protection programs contained in this Chapter, initiatives now exist which cover most of the key social protection target groups. In particular, the creation of a national system of health provision is now a major government goal as is the continued expansion of micro-finance programs. Nevertheless, based on the findings of a UNDP assisted study on social protection24, the implementation of social protection in the Philippines in 20032005 _________________________
24

Looking into Social Protection Programs in the Philippines: Towards Building and Implementing an Operational Definition and Convergence Framework, January 2006, National Anti-Poverty Commission (NAPC) 2006. A study prepared by Charity Lao Torregosa for the National Anti-Poverty Committee as part of the project entitled Strengthening Institutional Mechanisms for the Convergence of Poverty Alleviation Efforts Phase II by NAPC with funding assistance from UNDP.

Assessment of the Philippine Social Protection Floor Policies 343 was beset with problems, namely: (i) under-coverage of programs, (ii) lack of targeting and poor assessment and (iii) lack of coordination among programs. Social protection expenditure in Philippines is dominated by the expenditure on social insurance (including health insurance) which accounts for almost 70% of total expenditure, most of which relates to pensions. The next most important category are the social assistance and micro credit programs which account for around 16% each of total expenditure. Other categories account for a small proportion of the total expenditure. In respect of children, this is partly explained by the free provision of primary and junior secondary education by the government. Table 20: SP Expenditure by Category and % 2010
SP Category
Labour Market Programs Pensions Health Insurance Other Social Insurance (e.g. maternity, unemployment, disability etc.) ALL Social Insurance Social Assistance Micro-/ Area-based (incl. MCF) Child Protection TOTAL SP EXPENDITURE (000 PhP)

Expenditure
150.000.000 80.000.000.000 22.000.000.000 3.500.000.000 26.000.000.000 25.000.000.000 200.000 156.650.200.000

%age
0,10% 51,07% 14,04% 2,23% 16,60% 15,96% 0,00% 100%

105.500.000.000 67,35%

_________________________
25

Partly estimates, based on NSO data 201125 ** With reclassification of employment related social insurance programs as labour market programs.

Estimates were made for child protection and labor market programs based on relative costs of benefits and number of beneficiaries. Also, all programs were estimated with the target of 2010, using GDP deflator..

344 PAGKAIN SAPAT DAPAT Total expenditure on Social Protection constitutes 2,5% of GDP. This value is significantly lower than that obtained for most Asian countries. B. Coverage of Social Protection Programs The second dimension of social protection is coverage. The following Table 21 shows the coverage of the most important programs. The ADB Social Protection Index Study computed coverage indicators for 6 target groups considered to be of priority interest for any social protection system. Table 21: Beneficiaries of Social Protection Programs in the Philippines
SP PROGRAMS PESO Social Security System Retirement Social Security System death, funeral Social Security System Disability Social Security System Sickness , informal workers, poor Government Service Insurance System (GSIS) GSIS Hospitalization Program Philhealth Philhealth Sponsored Program for Indigents Microinsurance Peoples Credit Social Assistance (4P)
Source: NSO, Various Programs

Beneficiaries 748,000 587,000 741,000 215,000 4,000 249,000 4.134,000 60.000,000 2.500,000 744,000 3.300,000 2.000,000

Assessment of the Philippine Social Protection Floor Policies 345 These groups are the unemployed, the elderly, the sick, the poor, the disabled and children with special needs. Table 22 provides the basis for deriving the coverage rates for these target groups. It establishes the pairings between the target groups and the types of SP programs as well as the definition of the reference population that will be used to derive the indicators from the beneficiary date. It should be noted that a separate coverage rate is derived for micro-credit programs given the importance of these as a means of social protection and employment generation in many Asian countries. Coverage rates for these target groups were obtained by aggregating beneficiaries from all programs targeted at this group. It should be noted that beneficiaries from some programs can fall into more than one target group, e.g. beneficiaries of the program to aid the elderly and the disabled. Table 22: Social Protection Target Groups, Types of Social Protection Programs and Reference Populations
Target Group Types of SP program* Reference Population**

The unemployed All Labor market The unemployed and the programs (relevant and the underemployed training and job underemployed creation through SME support); food for work programs; targeted public works programs The elderly - Pensions - Social assistance to the elderly Population Aged 60+ years

346 PAGKAIN SAPAT DAPAT


The sick - Formal health Total population insurance - Micro-insurance - Subsidized health costs or exemptions - Senior citizen treatment allowance - All recipients of Poor population basic social welfare/ assistance payments - Land tax exemptions - Residential care for vulnerable groups - Food aid BUT excluding education and health programs as well as those for the disabled. Micro-finance/ credit Poor population including those aimed at job creation All forms of assistance The disabled programs for the population disabled (including recipients of social assistance, training programs) - Educational Poor children, programs (e.g. aged 5-14 years fee exemptions, scholarships, school feeding programs, etc.) - All other identified child protection programs

The poor (especially the severely poor and disadvantaged)

The disabled

Children with special needs (CWSN)

* These are generic programs and will vary from country to country. ** Essentially equivalent to the target population. Source: Baulch, Weber, Wood: Social Protection Index for Committed Poverty Reduction. Manila 2008

Assessment of the Philippine Social Protection Floor Policies 347 Table 23 shows the coverage rates derived for each target group. In general, coverage rates are low in the Philippines indicating the absence of major social protection programs for most of the identified target groups. There is however one important exception: health care assistance where up to 70% of the population is covered by either the main NHIP program or the sponsored program for indigents. Coverage rates are also significant for MCF programs and the disabled, although the latter might reflect an underestimation of the number of disabled in the country. Table 23: Target Group Coverage Rates (2010)
Target group Unemployed The elderly The sick The Poor - social assistance The poor- MCF The disabled Children with Special Needs Coverage Rate 7% 16% 70% 13% 32% 24% 5%

Source: NSO data, own calculation26

Table 24 shows the largest individual SP programs in terms of beneficiaries. By far the largest is the main Health insurance scheme which covers well over half the Filipino population. This is followed by the micro-credit programs, pension program, and the 4P program. _________________________
26

The coverage rate was calculated using SPI data from 2006, which were updated with recent PhilHealth and SSS data.

348 PAGKAIN SAPAT DAPAT Table 24: Largest SP Programs in terms of Beneficiaries
Rank 1 2 3 6 Programs PhilHealth Microcredit Programs Pensions 4P Beneficiaries (millions) 62 6 2,1 2

Source: Membership data of the respective programs

From the tables above, it can be seen that the largest gaps exists in the field of old age security, unemployment and poverty, despite of some large existing programs. The main deficiency of the pension scheme is that it is concentrated on a relatively small number of workers in the formal sector. There are basically no programs for the large informal sector. The main problem of the social assistance program is that it covers just 15% of the poor are only a small aspect of poverty. C. Health Insurance Support Value The average support value of PhilHealth benefits (meaning the average % of the amounts of medical bills reimbursed) lies around 30% It is higher in some provinces; it is lower in secondary level facilities and in Metro Manila. The reason for this is that the PhilHealth benefits are capped and there are no efficient cost controls in place. This means that maximum amounts are paid depending on the level of the facility (primary up to tertiary) and the diagnosis. These maximum amounts rarely cover the actual medical bill.

Assessment of the Philippine Social Protection Floor Policies 349 In May 2009, PhilHealth with GTZ support carried out a study in region 8, in order to get figures about drugs bought outside the hospital, parallel Professional Fees payment, etc. The results showed that the support value is 27% on average, around 50% in government hospitals and 20% in private hospitals. Looking at the different care levels, the support value is highest in tertiary hospitals and lowest in secondary facilities. If we look at the different benefit types, the support value is lowest in drugs and professional fees. Providers normally are not bound to a fee schedule. Prices as well as prescriptions are absolutely unregulated. Some providers though, according to anecdotal evidence adjust their prices to the ability to pay of the patients. But in general a fact is that people, who are not able to pay the part that exceeds PhilHealth reimbursement, get no treatment. The problem mainly arises through the existing system of provider relations. Ideally a social health insurance contracts directly and completely reimburses providers. The PhilHealth payments corresponding to the costs for room and board, professional fees and drugs and investigations purchased in the hospitals are directly paid to the hospitals bank accounts (PhilHealth share). And the hospitals deduct those amounts from the patient payment upon discharge. For drugs purchased outside the hospital, the members send a separate claim to PhilHealth but the amounts are much smaller than the ones observed in the third party payment system. Even though PhilHealth reimburses the provider directly, the exceeding part is paid in cash by the patient. This leads to the situation that the patient is a financial buffer between

350 PAGKAIN SAPAT DAPAT provider and health insurance and in the end has to bear the risk of pricing. In the absence of a binding fee schedule, it would also not be a solution to lift the cap on PhilHealth benefits as providers may raise their fees at the moment they get aware that patients get higher reimbursement. A special problem is that of the Insurance Rent that can be observed in provider behavior. Providers often adjust their prices upwards if they know that patients are insured. The patients have to pay a higher fee in these cases, which leads to the effect that providers basically skim the benefits that patients have from insurance. So far, PhilHealth has not achieved its objective to limit the prices in the market and to introduce effective provider payment mechanisms. The reason might be the strong position of the providers, which also is supported by the fact that they are part of the PhilHealth board. Basically PhilHealth is a third party payer but no purchaser. The result thus can be summed up as follows: The support value for the target group (low income earners) lies around 30-50% depending of the facilities frequented and the location of residence. Most outpatient care is not covered at all (except for sponsored members and OFW). This means that people are faced with an enormous financial risk. A solution could either be to limit the costs and expand the Philhealth support value (long term solution) or to introduce an affordable complementary insurance program.

Assessment of the Philippine Social Protection Floor Policies 351 D. Lending Based on Pension Entitlements Formal sector employees can avail of a loan from SSS (maximum 24,000 Pesos), which has as collateral the pension savings of the beneficiary. This facility is quite in demand though it can be questioned, whether taking loans against old age security is appropriate from a social protection point of view as it defeats the purpose of securing pension benefits. E. Gaps of Social Assistance (4P) Typical Gaps of CCT programs are: The quality and availability of the conditioned services; A focus on one aspect of poverty, whereas others are neglected; A lack of employment opportunities.

In this context Social Watch Philippines published the following analysis of the 4p program27: The 4Ps program is patently a poverty reduction program designed to address issues on maternal mortality and child mortality (the latter mostly through the provision of vaccines and cash), as well as keep children in school for five years. Other vulnerable groups like poor senior citizens, the chronically sick, people with disabilities, the millions of out-of-school, and functionally illiterate or the unemployed poor are not covered by the program. As such, other antipoverty programs designed to address the other dimensions _________________________
27

http://www.socialwatchphilippines.org/news_38_4Ps.htm

352 PAGKAIN SAPAT DAPAT of poverty must likewise be prioritized. For example, tuberculosis remains one of the leading causes of morbidity and mortality among the Filipino poor and yet, the budget for the Indigents Program under the Philippine Health Insurance Program was reduced by thirty-three percent for 2011. Furthermore, we note that twenty percent of school age children and youth are out of school, and yet they get less than one percent of the education budget. While the 4Ps is designed to attract the out-of-school to re-enroll, studies conducted locally and around the world have shown that a significant majority of the out-of-school will never return to school even with attractive packages. To continue, the housing budget was slashed by half for 2011(from PhP 11 Billion in 2010 to PhP 5.6 Billion), a move that will certainly negatively impact on the rising number of informal settlers in dire need of mass housing. Finally, the majority of the poor are in the rural areas and yet we note that public investment in agriculture, fisheries and forestry remains low. Much of the rationale used by government to justify low and or decreasing levels of public spending in these areas is to be able to free up and provide additional sources for the 4Ps, a policy position which we disagree with. We believe the government should not reduce public spending for other pro-poor programs and re-channel the freed up resources for the 4Ps, which only address a few dimensions of poverty and vulnerability and therefore only targets a sub-set of the total number of poor. No amount of conditionalities will work if there is a lack of schools, health clinics, and means of transport in 4P areas. The fact that Philippine public investment in education and health is low and has generally declined

Assessment of the Philippine Social Protection Floor Policies 353 between 2000 and 2006 at both the national and local government levels does not augur well for the 4Ps meeting its stated objectives. This means that public investment in education and health must significantly increase. Stress is made on ensuring the quality of services. The Social Watch study reveals that most of the beneficiaries it surveyed expressed gratitude that with the cash grants, the health and education status of their families were improving. Nevertheless, an overwhelming majority of beneficiaries said that what would lift them out of poverty was access to regular employment. An analysis published by the State Economic Planning Office28 reveals other gaps of the 4P system. The result of the spot check is disappointing, particularly the compliance rates for health. One of the most pressing problems of the country is the very high maternal mortality rate (MMR) and looking at the compliance rates of pregnant women surveyed, it seems that the 4Ps CCT is ineffective or inadequate in addressing the maternal deaths among the poor. Given that deworming and immunization are free, the low compliance rate is puzzling.29 Moreover, it has to be mentioned that CCT programs are effective only if the conditional services are available and the costs of availing of the are low. Concerning the school services criticism was that large shortages in supply hampered school attendance (see Table 25). Lastly, CCT programs are just one option within the arsenal of social protection programs that can be used to redistribute income to poor households. They cannot be _________________________
28 29

SEPO: Policy Brief, March 2011 See SEPO: Policy Brief , March 2011, P. 10

Table 25 Shortages for critical school inputs, SY 2011-2012


Level SY 2009-2010 Inventory SY 2011-2012 Estimated Gross Shortages

Item

1. Classrooms

354 PAGKAIN SAPAT DAPAT

2. School seats

3. Teachers

4. Textbooks 5. Sanitation facilities

Total: Elementary Secondary Total: Elementary Secondary Total: Elementary Secondary Total: Total: Elementary Secondary

421,496 328,406 93,090 15,280,942 11,271,350 4,009,592 487,969 356,397 131,572 85,975,925 313,085 259,855 53,230

152,569 108,977 43,592 13,225,572 10,279,007 2,946,565 103,599 37,460 66,139 95,557,887 151,084 90,018 61,066

Source: Department of Education Priority Issues and Directions, 2010

Assessment of the Philippine Social Protection Floor Policies 355 the right instrument for all poor households. For example, they cannot serve the elderly poor, childless households, or households whose children are outside the age range covered by the CCT. Redistribution to those groups is better handled through other means.30 The gaps mentioned can be remedied for example through: Employment programs for the poor like the 100-days-work program in India; Investment in education and health infrastructure focused on the poor.

V. Costing Exercise A. Health The first option when we discuss about costs of additional health care cover is the introduction of fee schedules, which currently are absent. If we look at additional cover, there are three sources of data, which could be used to estimate the cost: National Demographic and Health Survey (NDHS) data, Philhealth data, Data from private insurers and HMOs.

NDHS shows the frequency of confinement, the main risk that the insurance will cover. It can be seen that the confinement frequency lies around 4,1% or 4,1 m cases per year (given a population of about 100 m). _________________________ 30 See SEPO: Policy Brief , March 2011, P. 12

356 PAGKAIN SAPAT DAPAT

Table 26: Costs per Case, Philippines 2008

Source: Phjilippines Natinal Demographic and Health Survey 2008

The Table 26 shows the costs per case. According to this, the average costs lie around 16,800 PhP (where private facilities are more than double of public facilities). From this we can calculate

Assessment of the Philippine Social Protection Floor Policies 357 the total costs per capita per year, which is 689 PhP for a mix of public and private facilities. However, this result may be distorted by the costs of private patients. Not only from NDHS but also from the data of private insurers (for example GREPA Life and MAXICARE) we know that their average costs per case of inpatient care are nearly double the average (28,130 in the case of MAXICARE). For reasons of prudence, we nevertheless calculate with the average number mentioned above, for two reasons: insured people might prefer to use private providers for quality reasons (though we have to limit these options in order to keep the premium affordable). The majority of Philhealth claims is from private facilities (16.1 bn PhP compared to 6.6 bn PhP from public).

The following Table 27 shows the costs per member of PhilHealth, which lie at 1,269 PhP per year (2009). Including administration costs, in total these are around 1,400 PhP per year or 117 PhP per month. The costs per capita of all members can be estimated as 362,57 PhP per year31. The costs per member are the more reliable figure as the number of beneficiaries is debated and depending on the source lies between 50 and 80m. _________________________
31

It can be seen that the costs in private facilities represent the majority of the costs and that they are more than double the level of public facilities. If private and public together is less than the total, the reason is that a part of the cases is unclassified.

Table 27: Philhealth Expenses 2009

358 PAGKAIN SAPAT DAPAT

Source: own calculations (per capita figures) based on Philhealth data

Total costs 22.753.137.771,48 22.753.137.771,48 22.753.137.771,48 22.753.137.771,48 22.753.137.771,48 22.753.137.771,48 22.753.137.771,48

Table 28: Sensitivity Test Beneficiaries Coverage 72,00 80% 67,50 75% 62,76 70% 58,50 65% 54,00 60% 49,50 55% 45,00 50% Per capita Costs 316,02 337,08 362,54 388,94 421,35 459,66 505,63

Source: Own Calculation based on PhilHealth Data32

These numbers are influenced by the denominator (number of beneficiaries and members), which are debated. The estimates range from 50% coverage to nearly 70% coverage. The effect of the number of beneficiaries on the per-capita costs is shown in the following sensitivity test (Table 28). If we calculate with 362,57 PhP covered by Philhealth mentioned in table 4 and deduct these from the costs calculated from NDHS (689PhP) total costs for IPC shown above, we come to a total of exceeding costs of around 326 PhP, which would mean that Philhealth covers about 50% of the actual costs. _________________________

Assessment of the Philippine Social Protection Floor Policies 359

32

The calculation was made using a uniform cost figure and calculating the impact of several coverage levels.

360 PAGKAIN SAPAT DAPAT If the Philhealth part represents a support value of around 50%, a 100% coverage of the costs would cost around 750 per year per capita (350 for PhilHealth and 350 for the complementary, 50 PhP for administration). If we suppose that the per capita costs of Philhealth are higher (according to the sensitivity test shown above) this either can mean that the support value is higher, if we follow the data deducted from the National Demographic and Health Survey, or, if the support value is constant, that the exceeding costs are higher, in this case up to 500PhP per capita. T o sum up: the most probable costing scenario for our purposes lies between the numbers shown from Philhealth and NDHS data. According to these, total costs for the health insurance lie around 750 PhP per capita per year or 45 bn PhP. Table 29: Household Income Distribution
Number of Families (th) By income class (%) Under P10,000 10,000 - 19,999 20,000 - 29,999 30,000 - 39,999 40,000 - 49,999 50,000 - 59,999 60,000 - 79,999 80,000 - 99,999 100,000 - 149,999 150,000 - 249,999 250,000 - 499,999 500,000 - 19,999 and over 2000 15,270 100,00 0,23 2,15 5,48 7,67 9,09 7,83 12,99 9,80 15,92 15,60 10,01 3,22 2003 16,480 100,00 0,18 1,66 4,16 6,87 7,80 7,63 13,38 10,51 17,23 16,41 10,86 3,31

However, in this context we have to remind again of the necessity to introduce fee schedules and cost control. Otherwise additional funding will lead to higher income of providers and not to better support values.

B. Unemployment Insurance

The following tables show the result of quantitative simulations (sensitivity tests) that have been made with different parameters in the framework of the ILO Unemployment Insurance Study. The basis for the simulations is shown in Table 30. UI in a first stage could only cover the formal sector, Table 30: Parameters of Simulation
Total SSS GSIS 9,000,00 From From From 6,50% to 50% to 15% of total costs 10% to 35% 50% to 5 months to 60% 8 months 9% 100% 1,365,000,00 6,600,000,00 7,965,000,00

Members covered:

AMSC

Benefit levels:

Benefit Duration:

Unemployment Rate

Share of Recipients

Administration costs

Assessment of the Philippine Social Protection Floor Policies 361

Evasion

362 PAGKAIN SAPAT DAPAT the total number equals the number of members of SSS and GSIS. The Average Monthly Salary Credit is the basis for the assessment of the contributions and the benefits as well. It was around 9,000 pesos in 2008. The minimum wage currently lies between 210 and 382 pesos per day, which adds up to a monthly wage of between 4,200 and 7,600 pesos. But given the fact that few employers stick to the minimum wage, the wages paid in many sectors of the economy, especially for low skilled labor, are below the minimum wage. The average monthly wage according to BLES in 2008 was 12,525 pesos. The administration costs were calculated at 15% given the fact that this type of scheme is quite work intensive and also because the administrative costs would incorporate costs for training. The evasion rate of 10% to 35% reflects the fact that not all contributions would be collected. It can be seen from Table 31 that evasion (defined as employers failing to deduct contributions for registered workers) may have a significant effect on the contributions taking into account that beneficiaries will Table 31: Contribution rates under different levels of evasion and duration of benefits
Contribution Rates Average Duration of Benefit (Months) 5,00 % Evasion 10% 15% 20% 25% 300% 35% 1,80% 1,90% 2,02% 2,16% 2,31% 2,49% 6,00 2,16% 2,28% 2,43% 2,59% 2,77% 2,99% 7,00 2,52% 2,66% 2,83% 3,02% 3,23% 3,48% 8,00 2,88% 3,04% 3,23% 3,45% 3,70% 3,98%

Assessment of the Philippine Social Protection Floor Policies 363 Table 32: Contribution rates under different take-up rates and benefit duration; assumed monthly benefit level 50% of AMSC
Contribution Rates Average Duration of Benefit (Months) 5,00 Take-Up Rate 50% 60% 70% 80% 90% 100% 1,00% 1,20% 1,40% 1,60% 2,80% 2,00% 6,00 1,20% 1,44% 1,68% 1,92% 2,16% 2,40% 7,00 1,40% 1,68% 1,96% 2,24% 2,52% 2,80% 8,00 1,60% 1,92% 2,24% 2,56% 2,88% 3,19%

get a benefit even if employers do not comply with their obligation to pay contributions. If this is shouldered by employers, there will be no effect of evasion on the contribution level and unpaid contributions lead to no extra costs of benefits. Table 32 shows the contribution rates based on an unemployment rate of 7.5% and a benefit level of 50% of AMSC, for different average duration of benefit and take-up rates. This means that if on the average all beneficiaries received unemployment benefits for example for 5 months and if 70% of the unemployed received benefits (take-up rate of 70%), the contribution rate lies at 1.40%. The other parameters of this model calculation are: administration costs 15%, evasion 10%. Table 33 shows the simulation with the same parameters but with a benefit level of 60% of the AMSC. It can be seen that the contribution rates are relatively higher.

364 PAGKAIN SAPAT DAPAT Table 33: Contribution rates under different take-up rates and benefit duration; assumed monthly benefit level 60% of AMSC
Contribution Rates Average Duration of Benefit (Months) 5,00 Take-Up Rate 50% 60% 70% 80% 90% 100% 1,20% 1,44% 1,68% 1,92% 2,16% 2,40% 6,00 1,44% 1,73% 2,01% 2,30% 2,59% 2,88% 7,00 1,68% 2,01% 2,35% 2,68% 3,02% 3,88% 8,00 1,92% 2,30% 2,68% 3,07% 3,45% 3,83%

Table 34: Contribution Rates Different Levels of Unemployment (Benefit Level 50%)
Contribution Rates Average Duration of Benefit (Months) Unemployment Rate 5,00 6,5% 7,0% 7,5% 8,0% 8,5% 9,0% 1,76% 1,90% 2,03% 2,17% 2,30% 2,44% 6,00 2,11% 2,28% 2,44% 2,60% 2,76% 2,93% 7,00 2,46% 2,65% 2,84% 3,03% 3,22% 3,41% 8,00 2,82% 3,03% 3,25% 3,47% 3,68% 3,90%

Table 34 shows the simulation for different rates of unemployment. The parameters are: 90% of unemployed receive benefits (take-up rate of 90%), benefit level is 50%. The other parameters are as in the simulations above. In general it can be said that the contribution rate for the proposed scheme with a reasonable level of benefits and an unemployment rate between 7% and 8% will lie around 2%. The level varies with the average duration of unemployment, the level of unemployment and of course the benefit parameters.

Assessment of the Philippine Social Protection Floor Policies 365 The impact of the unemployment insurance on labor costs would be modest (1 percentage point higher social security contributions for employers). The contribution for SSS currently is 7.07% for the employer and 3.33% for the employee. The contribution for PhilHealth is 2.5% for the employer and 1.25% for the employee. In addition to this, employers have to pay a 13th salary by the end of the year and both, employers and employees contribute 100 pesos monthly to the loan program of Pag Ibig. Thus, total social security costs are at around 10% for the employer plus about 8% for the 13th salary, which adds up to 18%. Compared to this the additional premium of 1% is very modest. The total costs of the unemployment insurance, depending on the level of unemployment, replacement rate and take-up rate would lie between 21 and 30 bn PhP per year. C. Pension It is hard to estimate the costs of additional pension coverage for the following reasons: The replacement rate as well as the take-up rate can only be guessed very roughly; The question is also whether we estimate the contribution side or the benefit side. In a funded scheme these can be very different.

If we suppose that the current 16% of the elderly would be increased to 60%, this would mean an increase of the benefit payment from 80 bn to 300 bn. The following table shows the options:

366 PAGKAIN SAPAT DAPAT Table 35: Estimate of Costs Pensions


Coverage 16% 30% 45% 60% 80% People (million) 1,80 3,38 5,06 6,75 9,00 Costs (Billion PhP) 80.00 150,00 225,00 300,00 400,00

100% 11,25 500,00 Own Calculation using SSS data33

D. Social Assistance Currently, about 2 million beneficiaries are covered, which represents about 10% of the poor. If we want to cover all the poor, a total of up to 20 million recipients Table 36: Estimate of Costs Social Assistance
Coverage 10% 30% 45% 60% 80% People (million) 2,00 6,00 9,00 12,00 16,00 Costs (Billion PhP) 22.00 66,00 99,00 132,00 176,00

100% 20,00 220,00 Own Calculation using 4P data34

_________________________
33

The calculation uses most recent SSS data and supposes same average pension with varying coverage levels. 34 The calculation uses most recent 4P data and supposes same average benefit level with varying coverage levels.

Assessment of the Philippine Social Protection Floor Policies 367 needed to be covered. This is a maximum scenario. More probable is that not all will pass the means test, fulfil the conditions or will want to apply. If we calculate with a takeup rate of 50%, we will have up to 10 million recipients or a budget of around 110bn PhP. This budget will have to be paid entirely from the public budget. E. Summary In order to estimate possible costs of extending social security, a series of questions have to be answered: 1. What is the level of coverage that we expect to reach? 2. What is the level of envisaged benefits (replacement rate, level of health benefits, level of subsistence benefits)? Table 37: Current and Expected Coverage Rates
Target group Unemployed The elderly The sick The Poor - social assistance The poor - MCF The disabled Current Expected 7% 16% 70% 13% 32% 24% 80% 60% 90% 50% 50% 80% 30%

Children with Special Needs 5% Source: NSO, own estimates35

_________________________
35

The own estimates refer to the expected coverage levels. These were seen as minimum desired coverage.

368 PAGKAIN SAPAT DAPAT Table 38: Estimated Costs


Current Pension Health Insurance Social Assistance Labor Market Micro Credit Child Protection Total 80,00 22,00 26,00 0,15 25,00 0,20 153,35
36

Expected 300,00 45,00 110,00 25,00 25,00 1,00 506,00

Source: NSO and own estimates

3. Who will bear the costs (beneficiaries, employers, state budget)? If we expect the coverage shown in Table 37 we estimate the costs shown in Table 38. It can be seen that if the current expenditure corresponds to 2,6% of GDP, the proposed coverage will amount to about 9% of GDP, which still will be less that many other countries spend. The costs of the social assistance and the expansion of the coverage of the health insurance will mostly be borne by the state. The expansion of unemployment insurance and pension will be mostly paid by beneficiaries and partly by employers. The data above are rough estimates. The costs of the unemployment scheme are based on an ILO study conducted in 2010. _________________________
36

The costs were calculated based on current average per-capita costs multiplied with higher numbers of beneficiaries.

Assessment of the Philippine Social Protection Floor Policies 369 VI. Conclusion and Recommendations The Philippines has a quite elaborate social insurance framework, which, however, shows low coverage and benefit patterns. Gaps mostly are in the fields of Health insurance coverage of the informal sector and support value; Pension coverage as well as the fact that many people take loans on their pension entitlements; Absence of unemployment insurance Still low coverage and range of social assistance.

To remedy these gaps will lead to an increase of share of GDP spent for social protection to 9%, which is still at the lower end of comparable countries. The findings of this study correspond with those of the ADB Social Protection Index, which ranged the Philippines below average of all Asian countries. Based on our analysis above, we would like to highlight some recommendations for future social protection in the Philippines: 1. Recommendation: We think that economically the Philippines are able to expand the social protection system, especially as much of the suggested measures would be funded by the beneficiaries themselves and constitutes pure risk sharing and no redistribution. This, we think that at least a doubling of the social budget and the share of GDP spent for social protection would be recommendable.

370 PAGKAIN SAPAT DAPAT 2. Recommendation: We think that in line with an expansion of social protection spending and risk sharing, an expansion of the number of people covered is needed. This counts especially for old age security, minimum income security (social assistance) and health insurance. 3. Recommendation: In the field of health insurance we think that the introduction of fee schedules and an increase of the support value is needed. 4. Recommendation: We think that the policy of taking loans against the pension fund should be revised. We think that it is not acceptable that workers spend their pension funds before retirement. 5. Recommendation: Concerning Social Assistance, we think that a close monitoring and improvement of the conditioned services should be envisaged as well as a boost of compliance. Further target groups like poor elderly and poor childless households need attention. 6. Recommendation: We think that apart from coverage, the breadth of risk coverage should be increased by introducing at least an unemployment insurance. The basics for this have been laid, among others by DOLE and ILO. Next step would be to discuss a respective law in Parliament. The present study tries to elaborate some options the Philippine Government has in order to improve social protection of their citizens. There is a vertical and a horizontal aspect of improving coverage. Vertical

Assessment of the Philippine Social Protection Floor Policies 371 means adding further branches of social protection like unemployment insurance or to broaden support value of health insurance. Horizontal means including larger parts of the population into social protection. However, some measures would be more feasible and useful than others. For example introducing unemployment insurance for informal workers makes less sense than providing health insurance, accident insurance or old age security for them. In any case, we recommend expanding social protection and working continuously on a strategy to provide better protection for Filipino workers and their families.

VII. References Asian Development Bank (2007): Philippines: Critical Development Constraints. Economics and Research Department, Asian Development Bank,Mandaluyong City (December). Asian Development Bank (2008): Asia Economic Monitor, December 2008. Baulch, B., J. Wood, and A. Weber. 2008. Social Protection Index for Committed Poverty Reduction: Asia, Vol 2. ADB 2008 Baulch, Weber, Wood: Social Protection Index for Committed Poverty Reduction. Volune 2: Asia. Manila 2008. de Janvry, A., and E. Sadoulet. 2006. Making Conditional Cash Transfer Programs More Efficient: Designing for Maximum Effect of the Conditionality. The World Bank Economic Review. 20(1)

372 PAGKAIN SAPAT DAPAT http://www.nscb.gov.ph/statseries/default.asp http://www.philhealth.gov.ph/ http://www.sss.gov.ph/ http://www.worldbank.org.ph/WBSITE/EXTERNAL/ COUNTRIES/EASTASIAPACIFICEXT/PHILIPPINE SEXTN/0,,menuPK:332992~pagePK:141132~piPK:14 1107~theSitePK:332982,00.html.The Proceedings of the Regional Workshop ILO (2008): Vietnam: Social Health Insurance. Current Issues and Policy Recommendations. ILO (2009): Annual Global Employment Trends report, ILO press release, January 28, 2009 IMF (2009): World Economic Outlook Database, April 2009 Joint Foreign Chambers in the Philippines: June 2009 Global Crisis. Preparing to Rebuild Foreign Investment. Manila, June 2009 Khandker, S. (2002): Impact of the East Asian Financial Crisis Revisited. Manila:The World Bank Institute and Philippine Institute for Development Studies. Manasan, R. G. and J. S. Cuenca (2007): Who Benefits from the Food-for-School Program and Tindahan Natin Program: Lessons in Targeting. PIDS Discussion Paper 2007-10 (July). Available athttp://dirp4.pids.gov.ph/ris/ dps/pidsdps0710.pdf. Philippine Health Insurance Corporation. Raising the Bar. Annual Report 2008 Sicat, Allan and Graham, Matt for MIX, 2006, 2004 Philippines Benchmarking Report, MIX, April 2006. State Economic Planning Office: Policy Brief, March 2010. Towse, Mills, Tangcharoensathien: Learning from Thailands health reforms. BMJ Volume 328 10 January 2004

Assessment of the Philippine Social Protection Floor Policies 373 Weber, Axel: Social Assistance in Asia and the Pacific, an Overview. In: Handayani, Sri WeningSocial Assistance and Conditional Cash Transfers. Manila 2010 Weber, Axel: Social Protection in Case of Unemployment in the Philippines ILO Feasibility Study. Manila 2010 Weber, Axel; Helga Piechulek: The impact of the global recession on the poor and vulnerable in the Philippines and on the social health insurance system. Discussion Paper 2009. WHO: Social Health Insurance. Selected Case Studies from Asia and the Pacific. Manila 2005. Page 300 World Bank (2008): East Asia: Navigating the Perfect Storm. East Asia Pacific Update, December. World Bank. 2009. Conditional Cash Transfers: Reducing Present and Future Poverty. World Bank Policy Research Report. Washington DC. www.adb.org/Documents/Books/ Poverty-in-the-Philippines/ executive-summary.pdf Yap, J. T. (2008a): Whats in Store for the Philippine Economy in 2008? PIDS Development Research News Vol. XXVI No. 1 (January-February). Available at http:// dirp4.pids.gov.ph/ris/drn/pidsdrn08-1.pdf. Yap, J. T. (2008b): Regional Cooperation in East Asia Amid Global Economic Turmoil PIDS Policy Notes 2008-04. Available at http://dirp4.pids.gov.ph/ris/pn/pidspn0804.pdf.

374 PAGKAIN SAPAT DAPAT

375

ANNEXES

376 PAGKAIN SAPAT DAPAT

377

Annex I. Compilation of news clippings of NFC activities

378 PAGKAIN SAPAT DAPAT

Annex I - News Clippings 379 Philippines needs national food policy to lower hunger incidence - food groups network By: InterAksyon.com The online news portal of TV5 October 9, 2012 11:58 AM

MANILA -The lack of a comprehensive national food policy is one of the major reasons why the country has high incidence of hunger, said the FoodFirst Information and Action Network (FIAN) Philippines. The result of the latest survey on hunger incidence is unacceptable and alarming. We urge the President to declare as urgent the crafting of a national food policy that will rectify incoherent, non-complementary and conflicting legal mechanisms, said Aurea Miclat-Teves, FIAN Philippines president. Last week, the Social Weather Station released its third quarter findings which showed that 21% or an estimated 4.3

380 PAGKAIN SAPAT DAPAT million households experienced having nothing to eat in the last three months, up from 18.4% in May. This was due to an 18% increase in moderate hunger -- defined as experiencing having nothing to eat only once or a few times. SWS said that the overall hunger rose the sharpest in Metro Manila, by 10 points to 26% or an estimated 738,000 families. Miclat-Teves said such a policy needs the full and active participation of all actors concerned, including those most vulnerable to hunger. She said the policy must be along the recommendations by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) in General Comment No. 12 (1999) and the FAOs Voluntary Guidelines on the Right to Food (2004). More hungry people Ricardo Reyes, FIAN Philippines vice president, said: In a country with a total population of almost 100 million, one percent is too many, 21% is too much.Hindi ganito karami ang nagugutom noon. Old folks used to say that even during the Japanese occupation, hunger did not become a problem because our land has been blessed with fertile land and plenty of water and sunshine. We want the President to give the Filipino people a reason to celebrate the forthcoming World Food Day by declaring as urgent the crafting of a national food policy, said Reyes. World Food Day is celebrated every October 16 in honor of the founding date of the Food and Agriculture Organization of the United Nations in 1945. The annual celebration was established by FAOs member countries

Annex I - News Clippings 381 at the Organizations 20th General Conference in November 1979. Citing the study authored by Virgilio de los Reyes and Maria Socorro I. Diokno, entitled The Filipinos Right to Food: An Assessment of the Philippine Legal Framework Governing the Right to Food and published by the Right to Food and Nutrition (RTFN) Watch this year, Miclat-T eves explained why the current laws do not ensure availability, accessibility and safety of food for the entire population. Availability Food availability laws relate to agrarian reform, agricultural policy, and trade measures as determinants of peoples access to land, agricultural productivity, and food supply. Miclat-T eves said that the passage of Republic Act 8178, or the Agricultural Tariffication Act, repealed laws that provided for prohibitions and quantitative restrictions on the importation of agricultural products such as onions, potatoes, garlic, coffee, livestock, seeds, and tobacco. This law removed the protection granted to small farmers from importation of agricultural products that are produced in sufficient quantity in the country, she stressed. The study also showed that there are no safeguards to cushion the negative effects of food price volatility that affects first the most vulnerable groups. In addition, it warned that the obligation to respect the right to adequate food could be seriously affected by the implementation of laws such as the Biofules Act, if their implementation is not integrated into an over-all agricultural plan and a national food policy.

382 PAGKAIN SAPAT DAPAT Miclat-T eves also lamented the still unfinished agrarian reform program in the country. Access to land by farmers tilling or working on private agricultural land remains unreachable to around 1.4 million supposed beneficiaries working on 1.8 million hectares of land, she said. Accessibility Laws on food accessibility incorporate both dimensions of the physical and economic access to food. The study revealed that physical accessibility laws are so far limited to mobility such as ramps for persons with disabilities and do not focus on enhancing peoples physical access to land to grow their own food. It also found out that existing laws on economic accessibility do not have sufficient impact as they do not make food affordable for everyone. Laws on prices just refer to the requirement of price tags, while price regulation or price control is only used during calamities or emergency situations. Laws on wages and income are insufficient and to some extent have negative effects like the one-year ban on wage hikes. Credit laws do not address easy access to loans for small holders but enumerate rigid requirements and guidelines. Worse, most existing laws are not properly or fully implemented. Safety Food safety laws refer to the nutritive quality of food, safety standards and regulations, and sanitation that ensure that food available for consumption contains enough nutritive values and is free from contaminants and other harmful

Annex I - News Clippings 383 microorganisms. These include aspects of food fortification, salt iodization, breastfeeding/milk code or food safety standards,whose inspection,monitoring and regulation are the responsibilities of the Food and DrugAdministration,National Meat Inspection Service, and Local Government Units. Crucial steps Aside from adopting a national food policy, the government needs to rationalize the legal framework governing food. This can be done by synchronizing laws, addressing contradictions in policy objectives, correcting flaws and ambiguities, repealing laws that obstruct the realization of the right to adequate food, aligning the national budget to the national food policy, enhancing the mandates of the national human rights institutions, and improving the process of law-making, Miclat-Teves said. Most important is to use the right based approach in adopting a national food policy and rationalizing its legal framework, she stressed. -o0oGovt urged to craft national food policy by Jonathan L. Mayuga Business Mirror 10 October 2012 18:15 FOOD security advocates on Wednesday underscored the urgent need to put in place a national food policy to address the high incidence of hunger in the Philippines.

384 PAGKAIN SAPAT DAPAT President Aquino, they said, should take the lead in crafting the national food policy. FoodFirst Information and Action Network (FIAN) Philippines President Aurea Miclat-T eves said that such national food policy needs the full and active participation of all actors concerned, including those most vulnerable to hunger. The group issued the statement in time for World Food Day celebration. World Food Day is celebrated every Oct. 16, in honor of the founding date of the Food and Agriculture Organization of the United Nations in 1945. The annual celebration was established by FAOs member countries at the Organizations 20th General Conference in November 1979. The crafting of a national food policy is among the recommendations by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) in General Comment No. 12 (1999) and the FAOs Voluntary Guidelines on the Right to Food (2004). The result of the latest survey on hunger incidence is unacceptable and alarming. We urge the President to declare as urgent the crafting of a national food policy that will rectify incoherent, non-complementary and conflicting legal mechanisms, Miclat-Teves said. She was referring to the third-quarter findings of the Social Weather Station, which showed that 21 percent or an estimated 4.3 million households experienced having nothing to eat in the last three months, up from 18.4 percent in May. This was due to an 18-percent increase in moderate hunger -- defined as experiencing having nothing to eat only once or a few times. SWS said that the overall hunger rose the

Annex I - News Clippings 385 sharpest in Metro Manila, by 10 points to 26 percent or an estimated 738,000 families. In a country with a total population of almost 100 million, one percent is too many and 21 percent is too much. Hindi ganito karami ang nagugutom noon. Old folks used to say that even during the Japanese occupation, hunger did not become a problem because our land has been blessed with fertile land and plenty of water and sunshine, FIAN Vice President Ricardo Reyes said. We want the President to give the Filipino people a reason to celebrate the forthcoming World Food Day by declaring as urgent the crafting of a national food policy, Reyes said. According to Miclat-T eves, the current laws do not ensure availability, accessibility and safety of food for the entire population, citing a study authored by Virgilio de los Reyes and Maria Socorro I. Diokno entitled The Filipinos Right to Food: An Assessment of the Philippine Legal Framework Governing the Right to Food and published by the Right to Food and Nutrition (RTFN) Watch this year. The passage of Republic Act 8178, or the Agricultural Tariffication Act, the study said, repealed laws that provided for prohibitions and quantitative restrictions on the importation of agricultural products such as onions, potatoes, garlic, coffee, livestock, seeds, and tobacco, which in effect left local food producers unprotected from massive importation of cheap, highly subsidized agricultural products from other countries. Also, the study showed there are no safeguards to cushion the negative effects of food price volatility that affects the most vulnerable groups first.

386 PAGKAIN SAPAT DAPAT Access to land by farmers tilling or working on private agricultural land remains unreachable to around 1.4 million supposed beneficiaries working on 1.8 million hectares of land, she said. Meanwhile, the study said physical accessibility laws are so far limited to mobility such as ramps for persons with disabilities and do not focus on enhancing peoples physical access to land to grow their own food. Existing laws on economic accessibility do not have sufficient impact as they do not make food affordable for everyone, the study added. Meanwhile, laws on prices just refer to the requirement of price tags, while price regulation or price control is only used during calamities or emergency situations. Worse, laws on wages and income are insufficient and to some extent have negative effects like the one-year ban on wage hikes. Credit laws do not address easy access to loans for small holders but enumerate rigid requirements and guidelines. Besides, most existing laws are not properly or fully implemented. Aside from adopting a national food policy, the government needs to rationalize the legal framework governing food, she said. This can be done by synchronizing laws, addressing contradictions in policy objectives, correcting flaws and ambiguities, repealing laws that obstruct the realization of the right to adequate food, aligning the national budget to the national food policy, enhancing the mandates of the national human rights institutions, and improving the process of law-making, Miclat-Teves said. -o0o-

Annex I - News Clippings

387

6 million Pinoy children malnourished - UN report By Ted Torres and Rhodina Villanueva The Philippine Star (Updated) October 11, 2012 12:00 AM MANILA, Philippines - The United Nations has reported that an estimated six million Filipino children are malnourished, 60,000 of them are vulnerable to sexual exploitation, while at least 66 percent under the age of six do not have childcare. After the onslaught of typhoon Sendong last year, the United Nations Childrens Fund (Unicef) expressed concern over the rising malnutrition cases in calamitydevastated communities. Abdul Alim, Unicef country representative, said malnutrition has long been an issue among children in Mindanao and the typhoon worsened the situation. Malnutrition is an especially serious concern for Mindanao, where a significant number of children are already undernourished. Sendong dealt an additional blow to these childrens health. That is why we need to keep a close eye on the situation of these vulnerable young children, Alim said. The UN report titled The State of Food Insecurity in the World 2012 also said that almost 870 million people in the world, or one in eight, are suffering from chronic malnutrition. It said the vast majority of the hungry 852 million live in developing countries in Asia and Africa. While the number of malnourished people declined by almost 30 percent in Asia and the Pacific over the past two decades, Africa experienced an increase from 175 million to 239 million during the same period.

388 PAGKAIN SAPAT DAPAT The report strongly indicated that the world is still short of achieving its Millennium Development Goals (MDG) in terms of food and nutrition. It categorically expressed dismay that the MDG targets would not be achieved. In todays world of unprecedented technical and economic opportunities, we find it entirely unacceptable that more than 100 million children under five are underweight, and therefore unable to realize their full human and socio-economic potential, and that childhood malnutrition is a cause of death for more than 2.5 million children every year, the report said in its foreword, co-written by Food and Agriculture Organization (FAO) director general Jose Graziano da Silva, International Fund for Agricultural Development president Kanayo Nwanze and World Food Program executive director Ertharin Cousin. If the average annual hunger reduction in the past 20 years continues through to 2015, the percentage of undernourishment in the developing countries would reach 12.5 percent still above the MDG target of 11.6 percent, the UN report said. Between the periods of 1990-1992 and 2010-2012, the number of hungry people declined by 132 million, from 18.6 percent to 12.5 percent of the worlds population. However, since 2007, global progress in reducing hunger has slowed down and leveled off, requiring countries to take appropriate measures if they are to meet the MDG of reducing by half the number of people suffering from hunger by 2015.

Annex I - News Clippings 389 The report suggested adopting a twin-track approach based on support for economic growth, including agriculture growth involving smallholders, and safety nets for the most vulnerable. It said higher priority must be given to getting quality nutrition to prevent malnutrition from co-existing with obesity and non-communicable diseases. Meanwhile, officials of a non-government organization said the lack of a comprehensive national food policy is one of the major reasons why the country has high incidence of hunger. FoodFirst Information and Action Network (FIAN) Philippines president Aurea Miclat-Teves said there is an urgent need to craft policies, and for the full and active participation of all concerned, including those most vulnerable to hunger. The result of the latest survey on hunger incidence is unacceptable and alarming. We urge the President to declare as urgent the crafting of a national food policy that will rectify incoherent, noncomplementary and conflicting legal mechanisms, said Miclat-Teves. Last week, the Social Weather Stations (SWS) released its third quarter findings that showed 21 percent or at least 4.3 million households experienced having nothing to eat in the last three months, up from 18.4 percent in May. This was due to an 18 percent increase in moderate hunger defined as experiencing having nothing to eat only once or a few times. -o0o-

390 PAGKAIN SAPAT DAPAT Cash dole no answer to poverty, says NGO By DJ Yap Philippine Daily Inquirer October 11, 2012, 3:39 am

AP PHOTO/AARON FAVILA

In spite of its successes, the governments conditional cash transfer (CCT) program is not the solution to rising hunger in the country, according to a nongovernmental organization. FoodFirst Information and Action Network (FIAN) Philippines criticized the Aquino governments reliance on the dole in easing poverty and reducing hunger, saying the program was insufficient to deal with these problems. This program has a wide coverage and contributes to childrens economic access to food. However, it remains very inadequate and is conditioned on performing other obligations whereas the right to food, which is a basic human right, is unconditional, said Aurea Miclat-Teves, FIAN Philippines president. In a statement from the group issued Wednesday, Teves said the supply of conditional services, such as

Annex I - News Clippings 391 schools and medicines has been far behind the demand for these services. The CCT program is not part of a coherent food policy, Teves said. FIAN Philippines said the rising hunger in the country was partly due to the lack of a comprehensive national food policy. It pointed to an urgent need for laws that would require full and active participation of all sectors concerned, including those most vulnerable to hunger. Last week, a Social Weather Stations (SWS) survey showed that 21 percent of the population, or an estimated 4.3 million families, went hungry at least once in the last three months, up from 18.4 percent in May. The spike resulted from an 18 percent increase in moderate hunger, defined by SWS as having nothing to eat once or a few times. Overall hunger rose the sharpest in Metro Manila by 10 points to 26 percent, or an estimated 738,000 families. Teves said the results of the hunger survey were unacceptable and alarming. In a country with a total population of almost 100 million, 1 percent is too many, 21 percent is too much. Not this many people were ever hungry before, Ricardo Reyes, FIAN Philippines vice president, said. Old folks used to say that even during the Japanese occupation, hunger did not become a problem because our land has been blessed with fertile land and plenty of water and sunshine, he said. The group urged President Aquino to draw up a national food policy so the Filipino people would have reason to celebrate World Food Day on Oct. 16.

392 PAGKAIN SAPAT DAPAT World Food Day is celebrated to remember the founding of the Food and Agriculture Organization of the United Nations in 1945. Referring to the study The Filipinos Right to Food: An Assessment of the Philippine Legal Framework Governing the Right to Food by Virgilio de los Reyes and Maria Socorro I. Diokno, T eves said current laws do not ensure availability, accessibility and safety of food for the entire population. -o0oHuman rights group: To end hunger, PHL needs comprehensive food policy GMA News October 12, 2012 10:00am As World Food Day on October 16 approaches, a human rights organization said the Philippines needs a comprehensive national food policy to end its high incidence of hunger. FoodFirst Information and Action Network (FIAN) Philippines said recent survey results showing hunger now stalks 21 percent of families is unacceptable. The result of the latest survey on hunger incidence is unacceptable and alarming. We urge the President to declare as urgent the crafting of a national food policy that will rectify incoherent, non-complementary and conflicting legal mechanisms, FIAN Philippines president Aurea Teves said. World Food Day is celebrated every October 16 in honor of the founding date of the United Nations Food and Agriculture Organization in 1945.

Annex I - News Clippings 393 In its survey conducted from August 24 to 27, Social Weather Stations said 21 percent or 4.3 million families experience involuntary hunger at least once the last three months. The SWS survey showed moderate hunger at 18 percent and severe hunger at 3 percent. In a country with a total population of almost 100 million, one percent is too many, 21% is too much, said FIAN Philippines vice president Ricardo Reyes. Reyes added that even during the Japanese occupation, hunger did not become a problem because the country is blessed with fertile land and plenty of water and sunshine. We want the President to give the Filipino people a reason to celebrate the forthcoming World Food Day by declaring as urgent the crafting of a national food policy, he added. According to Teves, the food policy should involve all stakeholders, including those most vulnerable to hunger. The policy should also be along the recommendations by the United Nations Committee on Economic, Social and Cultural Rights (CESCR). Food availability FIAN cited a study by Virgilio de los Reyes and Maria Socorro Diokno, The Filipinos Right to Food: An Assessment of the Philippine Legal Framework Governing the Right to Food and published by the Right to Food and Nutrition (RTFN) Watch this year, that showed current laws do not ensure availability, accessibility and safety of food for all.

394 PAGKAIN SAPAT DAPAT FIAN noted that present food availability laws relate to agrarian reform, agricultural policy, and trade measures to determine access to land, agricultural productivity, and food supply. Teves noted Republic Act 8178, the Agricultural Tariffication Act, repealed laws that restricted the importation of agricultural products such as onions, potatoes, garlic, coffee, livestock, seeds, and tobacco. This law removed the protection granted to small farmers from importation of agricultural products that are produced in sufficient quantity in the country, she said. The study also showed that there were no safeguards to cushion the negative effects of food price volatility. Laws like the Biofuels Act may affect the obligation to respect the right to adequate food, the study said. The study also showed that physical accessibility laws are so far limited to mobility such as ramps for persons with disabilities and do not focus on enhancing peoples physical access to land to grow their own food. It also found out that existing laws on economic accessibility do not have sufficient impact as they do not make food affordable for everyone. Laws on prices just refer to the requirement of price tags, while price regulation or price control is only used during calamities or emergency situations. Laws on wages and income are insufficient and to some extent have negative effects like the one-year ban on wage hikes. Credit laws do not address easy access to loans for small holders but enumerate rigid requirements and guidelines. Worse, most existing laws are not properly or fully implemented, the group said.

Annex I - News Clippings 395 Unfinished agrarian reform Teves also lamented that the agrarian reform program in the country is still unfinished. Access to land by farmers tilling or working on private agricultural land remains unreachable to around 1.4 million supposed beneficiaries working on 1.8 million hectares of land, she said. Teves noted there are special laws for the most vulnerable, such as one that requires day care centers to provide a feeding program, nutritional monitoring and supplementary feeding as it considers that food deprivation is a form of child abuse. She also cited the Senior Citizens Law that provides discounts for elderly people, especially on basic food items. However, the right to food of people with disabilities or people living with HIV and the specific obstacles they face are not legally recognized nor subject to particular attention, she said. Conditional cash transfer Meanwhile, Teves criticized the governments conditional cash transfer (CCT) program, which she said remains very inadequate and is conditioned on performing other obligations whereas the right to food, which is a basic human right, is unconditional. In addition, the supply of conditioned services like school facilities and medicines and doctors and nurses in health centers has been far behind the demand for these services. The CCT program is not part of a coherent food policy, she said.

396 PAGKAIN SAPAT DAPAT The group also urged the Philippine government to rationalize the legal framework governing food. Teves suggested synchronizing laws, addressing contradictions in policy objectives, correcting flaws and ambiguities, repealing laws that obstruct the realization of the right to adequate food, aligning the national budget to the national food policy, enhancing the mandates of the national human rights institutions, and improving the process of law-making. Most important is to use the right-based approach in adopting a national food policy and rationalizing its legal framework, she said. - VVP, GMA News -o0oFood for all The BusinessMirror Editorial October 13, 2012 18:52

THE statistics are alarming. Last week the Social Weather Stations (SWS) released its thirdquarter findings that showed 21 percent, or at least 4.3 million, households experienced having

Annex I - News Clippings 397 nothing to eat in the last three months, up from 18.4 percent in May. The spike resulted from an 18-percent increase in moderate hunger, defined by SWS as having nothing to eat once or a few times. Overall hunger rose the sharpest in Metro Manila by 10 points to 26 percent, or an estimated 738,000 families. On the other hand, the United Nations Childrens Fund has reported that an estimated 6 million Filipino children are malnourished. After the onslaught of Typhoon Sendong last year, it said, malnutrition cases increased in calamity-devastated communities. Malnutrition has long been an issue among children in Mindanao, and the typhoon worsened the situation. World Food Day is observed on October 16 every year, coinciding with the date of the founding of the United Nations Food and Agriculture Organization back in 1945. And this is a good time as any to focus attention on the state of food security in the country. For the non-governmental organization (NGO) Food First Information and Action Network (FIAN) Philippines, the lack of a comprehensive national food policy is one of the major reasons the country has high incidence of hunger. Thus, it said, there is an urgent need to craft policies, and for the full and active participation of all concerned, including those most vulnerable to hunger. The result of the latest survey on hunger incidence is unacceptable and alarming. We urge the President to

398 PAGKAIN SAPAT DAPAT declare as urgent the crafting of a national food policy that will rectify incoherent, non-complementary and conflicting legal mechanisms, FIAN said. The NGO argues that the governments Conditional Cash-Transfer (CCT) Program is not the solution to rising hunger in the country: This program has a wide coverage and contributes to childrens economic access to food. However, it remains very inadequate and is conditioned on performing other obligations, whereas the right to food, which is a basic human right, is unconditional. The NGO is correct. But then, the CCT was never touted by the government as the solution to widespread poverty. What the program wants to do is to reduce absolute poverty incidence by helping the poorest of the poor survive their harsh economic situation. The CCT is not an outright dole but rather compels beneficiaries to send their children to school and for mothers to get regular health checkups. We need to ensure availability, accessibility and safety of food for the entire population. The UN suggests adopting a twin-track approach based on support for economic growth, including agriculture growth involving smallholders, and safety nets for the most vulnerable. These are steps in the right direction. Food for all should be the goal, so that hunger and malnutrition can be kept from casting a dark shadow over the daily lives of the poor and the marginalized. -o0o-

Annex I - News Clippings 399 Campaign launched on right to adequate food by Jonathan L. Mayuga Business Mirror 15 October 2012 19:25 VARIOUS stakeholders representing more than 50 peoples and non-governmental organizations from all over the country on Monday gathered in Quezon City to launch a national campaign on the right to adequate food. The launch came on Oct. 16, a day ahead of celebration of World Food Day. Incidentally, the Aquino administration released its latest study, claiming that a daily budget of P172 is enough for a family of five members to be considered nonpoor. The findings released through the National Statistical Coordination Board (NSCB), apparently raised eyebrows and earned the flak of government critics. Led by the Foodfirst Information and Action Network (FIAN) Philippines and the Peoples Development Institute for Asia (PDI), together with the Philippine Alliance of Human Rights Advocates (PAHRA) and Philippine Human Rights Information Center (PHILRIGHTS), the events participants launched the National Food Campaign to push for a comprehensive national food policy with the slogan Pagkain: Sapat Dapat! Aurea Miclat-T eves, head of the secretariat of the newlyfound National Food Coalition, earlier said that the lack of a comprehensive national food policy is one of the major reasons why the country has a high incidence of hunger. The crafting of such policy needs the full and active participation of all actors concerned, especially those most vulnerable to hunger, she said.

400 PAGKAIN SAPAT DAPAT The proposed national food policy, according to MiclatT eves, must conform with the recommendations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) in General Comment No. 12 (1999) and the FAOs Voluntary Guidelines on the Right to Food (2004). General Comment No. 12 explicitly states that [t] he right to adequate food is realized when every man, woman and child, alone or in community with others, has physical and economic access at all times to adequate food or means for its procurement. The right to adequate food shall therefore not be interpreted in a narrow or restrictive sense which equates it with a minimum package of calories, proteins and other specific nutrients. How can we celebrate World Food Day if one in every five households in our country has experienced hunger in the past three months? We are hopeful that other stakeholders, especially those in the government, heed our call as there is undoubtedly an increasing incidence of hunger and poverty in our country, said Teves, also the president of FIAN Philippines. The Social Weather Stations (SWS) third-quarter findings released in September showed that 21 percent or an estimated 4.3 million households experienced having nothing to eat in the last three months, up from 18.4 percent in May. SWS said overall hunger rose sharpest in Metro Manila, by 10 points to 26 percent or an estimated 738,000 families. Also launched during the event was the fifth Right to Food and Nutrition Watch Magazine, which provides information and analysis on the right to food. -o0o-

Annex I - News Clippings 401 National Policy On Food Urged Manila Bulletin October 15, 2012, 7:35pm By Ellalyn B. de Vera Some 300 food security advocates from around the country gathered to craft a comprehensive national policy on the right to adequate food, in celebration of the World Food Day. The advocates, representing more than 50 peoples and non-governmental organizations (NGOs) and led by the Foodfirst Information and Action Network (FIAN)Philippines and the Peoples Development Institute for Asia (PDI), together with the Philippine Alliance of Human Rights Advocates (PAHRA) and Philippine Human Rights Information Center (PHILRIGHTS), launched the National Food Campaign with the slogan Pagkain: Sapat Dapat! Aurea Miclat-Teves, head of the secretariat of the National Food Coalition, said the lack of a comprehensive national food policy is one of the major reasons why the country has a high incidence of hunger. Teves said crafting such a policy needs the full and active participation of all actors concerned, especially those most vulnerable to hunger. The proposed national food policy must conform with the recommendations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) in General Comment No. 12 (1999) and the FAOs Voluntary Guidelines on the Right to Food (2004), she explained.

402 PAGKAIN SAPAT DAPAT General Comment No. 12 explicitly states that the right to adequate food is realized when every man, woman and child, alone or in community with others, has physical and economic access at all times to adequate food or means for its procurement. The right to adequate food shall therefore not be interpreted in a narrow or restrictive sense which equates it with a minimum package of calories, proteins and other specific nutrients. How can we celebrate World Food Day if one in every five households in our country has experienced hunger in the past three months? We are hopeful that other stakeholders, especially those in the government, heed our call as there is undoubtedly an increasing incidence of hunger and poverty in our country, said Teves, also the president of FIAN Philippines. The Social Weather Stations third quarter findings released in September showed that 21 percent, or an estimated 4.3 million households, experienced having nothing to eat in the last three months, up from 18.4 percent in May. SWS said overall hunger rose sharpest in Metro Manila, by 10 points to 26 percent or an estimated 738,000 families. Also launched during the event was the 5th Right to Food and Nutrition Watch Magazine, which provides information and analysis on the right to food. -o0o-

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`Zero hunger challenge: Is it attainable? Rappler.com by Voltaire Tupaz Posted on 10/16/2012 10:55 PM Updated 11/03/2012 2:47 PM RIGHT TO FOOD. Indigenous young people demand for adequate food during the observance of World Food Day in the Philippines. Photo by Project Development Institute MANILA, Philippines - Eliminating hunger in our lifetimes. This is the next big push, according to UN SecretaryGeneral Ban Ki-moon in a message to a UN food body at a meeting on food security taking place in Rome. Ki-moon was referring to his Zero Hunger Challenge, an initiative he first pitched before the UN Conference on Sustainable Development (Rio+20) in Brazil in June 2012. The goal of the challenge is for every human being to have adequate nutrition and for food sources to be resilient.

404 PAGKAIN SAPAT DAPAT The campaign pursues the following objectives: Make sure that everyone in the world has access to enough nutritious food all year long End childhood stunting Build sustainable food systems Double the productivity and income of smallholder farmers, especially women Prevent food from being lost or wasted CFS or the Committee on World Food Security, an intergovernmental body tasked to review and follow up food security policies, convened the meeting in time for the observance of the World Food Day Tuesday, October 16. Cut hunger by half The Food and Agriculture Organization (FAO) took up the challenge even as it attempts to meet the UNs Millennium Development Goals (MDGs) 2015 deadline for decreasing global hunger. As we renew and increase our commitment to reach the Millennium Development Goal for hunger reduction, lets look beyond it, towards the total eradication of hunger because, when it comes to hunger, the only acceptable number is zero, FAO Director-General Jos Graziano da Silva said. The FAOs State of Food Insecurity in the World 2012 report revealed that nearly 870 million people around the world suffer from chronic malnutrition. However, Graziano announced that the number of hungry people was reduced by 132 million since 1990, an

Annex I - News Clippings 405 important progress, he said. The proportion of hungry people in developing countries also decreased from 23.2% to 14.9% over the same period, according to the top UN official. Graziano is optimistic that targets for cutting the proportion of hungry people around the world by half can still be achieved if countries step up their efforts to address hunger.

NATIONAL FOOD POLICY. Indigenous women launch campaign to craft legal framework on the right to adequate food. Photo by Peoples Development Institute

Hunger in the Philippines Advocates of food security in the Philippines expressed concern that the Philippines is not yet ready for the challenge, blaming the shortcomings of the government in providing an adequate budget and appropriate policies to address hunger in the country. A survey released by the Social Weather Station in September revealed that 21% or about 4.3 million

406 PAGKAIN SAPAT DAPAT Filipino households experienced involuntary hunger the previous 3 months, up from 18.4% in May. The national budget does not reflect bias for addressing hunger situation, Aurea Miclat-Teves, president of the Foodfirst Information and Action Network (FIAN) Philippines said, adding that it manifests the weak political will of the government to eradicate hunger. Only P70.8-B (around $1.65-B) was allocated to the departments of agriculture and agrarian reform compared to the P106.9-B (around $2.8-B) budget for the defense department, Teves noted in a report she cowrote with Maria Socorro Diokno for the Right to Food and Nutrition Watch 2012 magazine. The report also noted that access to land by farmers who are food producers has remained unreachable to around 1.4 million supposed benificiaries working on 1.8 million hectares of land. The magazine, published by Germany-based Brot fur die Welt (Bread for the World) and other international organizations, was launched on October 15 at the University of the Philippines Diliman in a gathering of more than 300 food security advocates. National food policy The gathering also kicked off a campaign that pushes for the recognition of the right to adequate food in government policies. The policy advocacy will be carried out by the National Food Coalition, a network of more than 50 organizations led by FIAN Philippines.

Annex I - News Clippings 407 Teves said that the lack of a comprehensive national food policy is a key reason why the country experiences a high incidence of hunger. The government does not fulfill this obligation. One of the reasons is the lack of a national framework that would respond to the food needs of the people, Teves said. This has resulted in incoherent and conflicting laws and legal mechanisms that deal with food concerns, according to Teves. Teves added that the Philippine Constitution does not explicitly recognize the right to adequate food, also explaining the weak food policy framework. We are hopeful that the government will heed our call as there is undoubtedly an increasing incidence of hunger and poverty in our country, Teves said. According to Teves, the proposed policy on food must conform with the recommendations of the UN Committee on Economic, Social and Cultural Rights (CESR) and the FAOs Voluntary Guidelines on the Right to Food. CESR defined the right to adequate food as physical and economic access at all times to adequate food or means for its procurement. - Rappler.com -o0o-

408 PAGKAIN SAPAT DAPAT Social Protection Programs Need Improvement Manila Bulletin Mon, Feb 25, 2013 http://ph.news.yahoo.com/social-protection-programsimprovement-105652977.html MANILA, Philippines --- Human rights advocates urged policymakers yesterday to improve the countrys social protection programs and increase funding for social services for the growing population of Filipino youth. FoodFirst Information and Action Network Philippines (FIAN Philippines), Peoples Development Institute (PDI), and Action For Economic Reforms (AER) agreed during a forum that policymakers should seriously consider the importance of the countrys demographics because the existing social protection programs leave out large segments of the poor vulnerable. Our country has a young population with an average of 22.5 years old and has only 8 percent of the population who will be 65 years old or older by 2030, Chavez said. Joy Chavez, and AER fellow, noted that the Philippines has low dependency rate. Dependency ratio is an age-population ratio of those typically not in the labor force or dependents (zero to 14 years old and 65 years old and above) and those in the labor or productive force (15-64 years old), she said. It is used to measure the pressure on productive population. The challenge now is how to sustain an active population, Chavez said. She added that an active population exerts pressure on the provision of basic services, especially health care and education.

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Moreover, it requires that the quantity and quality of employment be given special attention. Recent data show that 85 percent of the unemployed are educated (at least high school graduates), and half of the unemployed are 15-24 years old. So while theres not a significant older generation to worry about, unemployment has a negative impact on a predominantly insurance-based social protection system, she said. Chavez also cited that social protection in the Philippines is largely insurance-based, through the Social Security System (SSS), Government Service Insurance System (GSIS) and PhilHealth. Most insurance-based schemes depend on employment, or voluntary membership, she said. However, these social protection schemes cannot cover most of those in the informal sector. PhilHealth is an exception but it covers only health services, she said. She added that the conditional cash transfer (CCT) program does not cover or it has unclear coverage of the elderly and families without reproductive age mothers or school-age children. She said CCT also does not cover certain vulnerable types, such as those extreme homeless and street children. Social protection constitutes policies, programs, and interventions that seek to reduce the susceptibility of the poor and vulnerable to risks. This can be done through the promotion and protection of livelihood and employment, improvement in their capacity to manage risks and their protection from disruption or loss of income, loss of welfare and diminished wellbeing. This brings to fore the need to assess the efficacy of insurance-based systems vis--vis direct provision via general social services; or how the two are connected, she said. -o0o-

410 PAGKAIN SAPAT DAPAT Candidates asked: What will you do to end hunger of 16.5 million Filipinos? By: InterAksyon.com February 28, 2013 10:21 PM MANILA, Philippines - A coalition of non-government and peoples organizations and individuals advocating right to adequate food on Thursday challenged national and local candidates in the May 13 elections to aim for hunger-free Philippines. Aurea Miclat-Teves, convenor of the National Food Coalition said her group would like to know what the candidates have to say about food security and how they, as leaders and legislators, once elected, can make this a reality in the Philippines in this lifetime. Is there hope that the 16th Congress will improve the situation? asked T eves, also president of FIAN Philippines, adding that hunger had been haunting the country under the various administrations since the ouster of Ferdinand Marcos. As the current administration winds up its reform program, there is a need to make the administration aware and see the urgency of crafting a national food policy before it bows out of office, Teves said. The crucial element in any platform to improve the lives of Filipinos is assuring food security for the nation or providing adequate food that is accessible to all, especially to the poor in the rural and urban areas, she added. The challenge of ensuring food security is especially for those who will win as senators and representatives as they will be the ones who will legislate a national food policy, according to Teves.

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We must, therefore, determine which candidates have made themselves informed of the issues involved in regard to food security and are going to take the correct steps to address this problem and approach it from the right perspective, she said. Three times Singapores population Citing the latest survey by the Social Weather Stations on hunger, Teves said that there are 3.3 million Filipinos or 16.5 million individuals who have experienced involuntary hunger or having had nothing to eat at least once in the past three months. That is roughly the size of Holland and about three times the population of Singapore, she said. Moreover, Teves said hunger incidence had steadily risen nationwide from 1998 to 2012. She said that in 2012 the incidence of hunger in the National Capital Region more than doubled to 22.9 percent from only 8.1 percent in 1998. In the rest of Luzon, the incidence increased from 9.9 percent to 17.8 percent; in the Visayas, it rose from 11.3 percent to14.6 percent; in Mindanao it was 14.5 percent, increasing to 26.3 percent. Over this period, moderate to severe hunger almost doubled to 19.9 percent in 2012 from 11 percent in 1998, Teves said. During these years, the official Philippine population figure rose from 60.7 million in 1990 to 76.51 million in 2000 and 92.34 million in 2010. So as our population steadily expanded, so did the number of hungry Filipinos rise while undernourishment declined only slowly, she added. -o0o-

412 PAGKAIN SAPAT DAPAT Group to Aquino: Declare right to adequate food a national policy By: InterAksyon.com March 3, 2013 12:23 PM MANILA, Philippines - With more than three years left to the current administration, President Benigno S. Aquino III should declare right to adequate food a national policy in order to leave a legacy that is beneficial to the present and future generations, the National Food Coalition (NFC) said in a news release. In an event dubbed National Conference on the Right to Adequate Food: A Collective Action for Policy Reform, Aurea Miclat-Teves, NFC convenor, said there is a need for the government to come up with an enabling law that will rectify existing incoherent, non-complementary and conflicting legal mechanisms. The conference was attended and participated in by more than 100 human rights defenders, rural development advocates, pro-environment groups, indigenous peoples, and non-governmental organizations from various parts of the country and representatives of different national government agencies last February 27 to 28. Not in Constitution In a presentation, lawyer Maria Socorro I. Diokno, secretary-general of Free Legal Assistance Group (FLAG),

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pointed out that the right to adequate food (RTAF) is not recognized in the 1987 Philippine Constitution. She proposed the enactment of a Philippine Food Framework Law. As part of the Declaration of Policy in the proposed enabling law, the state should explicitly recognize right to adequate food as fundamental human right, said Diokno, adding that RTAF should be defined as a freedom and an entitlement that is beyond minimum set of calories, proteins and other nutrients. The purpose of the proposed law must be to realize right to adequate food of every Filipino, the FLAG Officer stressed. Diokno further explained that said enabling law should set targets or goals with time frames. Among the goals to be set are: eradication of hunger; improvement in nutrition; elimination of gender disparity in access to food/resources for food; and, sustainable use and management of natural and other resources for food.

414 PAGKAIN SAPAT DAPAT She also said that the contents of the proposed law should include institutional responsibility mechanisms such as the identification of a lead agency, inter-agency collaboration, and collaboration with all food actors. It should also include avenues for recourse to deal with discrimination in access, non-security of land tenure, unfair trade competition and harm caused by unsafe food. The state should also allocate appropriate funds with sources of funds and specific rules or guidelines on fund use, management and liquidation. To ensure the efficient and effective implementation of the proposed law, Diokno also stressed that there should be a national mechanism for monitoring. It can be a National Coordinating Committee for Food or similar body,she said. Not in HR action plan In another presentation, Max De Mesa, chairman of the Philippine Alliance of Human Rights Advocates (PAHRA), disclosed that the right to adequate food is not substantially addressed and is not even a thematic objective in the final draft of the National Human Rights Action Plan (NHRAP) initiated by the government. Of crucial importance is the program to the right to adequate food, de Mesa emphasized, adding that without it, actions to reduce poverty would be weak and the whole National Human Rights Action Plan anemic. -o0o-

Annex I - News Clippings 415 Declare right to food as national policy, food advocates urge Aquino BusinessMirror Category: Agri-Commodities Published on Sunday, 03 March 2013 19:44 Written by Jonathan L. Mayuga / Reporter PRESIDENT Aquino was urged on Sunday to declare the right to adequate food (RTAF) a national policy and leave a legacy beneficial to present and future generations. The appeal was made by a network of food-security advocates under the National Food Coalition (NFC) after the National Conference on the Right to Adequate Food: A Collective Action for Policy Reform was held on February 27 and 28. More than 100 human-rights defenders, ruraldevelopment advocates, environmental advocates, indigenous peoples, peoples and non-governmental organizations from various parts of the country, and representatives of different government agencies took part in the event. Aurea Miclat-Teves, NFC convenor, said there is a need for the government to come up with an enabling law that will rectify the existing incoherent, non-complementary and conflicting legal mechanisms on food. For her part, lawyer Maria Socorro I. Diokno, secretarygeneral of the Free Legal Assistance Group, proposed the enactment of a Philippine Food Framework Law. In a presentation during the conference, Diokno said the RTAF is not recognized in the 1987 Philippine Constitution.

416 PAGKAIN SAPAT DAPAT As part of the Declaration of Policy in the proposed enabling law, the state should explicitly recognize [the] right to adequate food as [a] fundamental human right, Diokno said. She added that RTAF should be defined as a freedom and an entitlement that is beyond [the] minimum set of calories, proteins and other nutrients. Diokno also said, The purpose of the proposed law must be to realize right to adequate food of every Filipino. She added that the enabling law should set targets or goals with timeframes. Among the goals to be set are the eradication of hunger, improvement in nutrition, elimination of gender disparity in access to food/resources for food, and sustainable use and management of natural and other resources for food. Diokno said the contents of the proposed law should include institutional responsibility mechanisms such as the identification of a lead agency, inter-agency collaboration and collaboration with all food actors. The proposed law should also include avenues for recourse to deal with discrimination in access, non-security of land tenure, unfair trade competition and harm caused by unsafe food. The government should also allocate appropriate funds with sources of funds and specific rules or guidelines on fund use, management and liquidation. To ensure the efficient and effective implementation of the proposed law, Diokno said there should be a national mechanism for monitoring. It can be a National Coordinating Committee for Food or [any] similar body, she said.

Annex I - News Clippings 417 Max de Mesa, chairman of the Philippine Alliance of Human Rights Advocates, said RTAF is not substantially addressed and is not even part of the final draft of the governments National Human Rights Action Plan. Of crucial importance is the program to the right to adequate food, de Mesa said. Without it, actions to reduce poverty would be weak and the whole National Human Rights Action Plan [would be] anemic. -o0oBets challenged to take on hunger problem BusinessMirror, page A4 Category: Nation Published on Thursday, 25 April 2013 20:43 Written by Jonathan L. Mayuga / Reporter FOOD security advocates on Thursday challenged candidates in the May 2013 midterm elections to focus and debate on the countrys worsening hunger problem rather than feeding Filipino voters with propaganda trash. Aurea Miclat-Teves, convener of the National Food Coalition (NFC), said one of the major reasons the country has a high incidence of hunger is the lack of a comprehensive national food policy, which candidates should seriously look into. Teves said there is an urgent need to craft such policy which needs the full and active participation of all sectors concerned, including those most vulnerable to hunger. Should they get elected, incoming members of the 16th Congress must prioritize the crafting of a

418 PAGKAIN SAPAT DAPAT national food policy that will rectify incoherent, noncomplementary and conflicting legal mechanisms, Teves said.Teves said that to show their sincerity in addressing the countrys hunger problem, candidates should project themselves during the campaign and must enact a framework law on the right to adequate food of every Filipino. She said the hunger problem is experienced worldwide, but it is worst in the Philippines. There are some 870 million people in the world who do not have enough to eat. Citing an infographic of Food and Agriculture Organization (FAO) of the United Nations, Teves stressed that one in every eight individuals goes to sleep hungry every day. In the Philippines one in every six Filipinos suffer from involuntary hunger. She added that FAOs estimate is still conservative, considering the third-quarter findings of the Social Weather Station last year which showed that 21 percent or an estimated 4.3 million households, or one in every five persons experienced having nothing to eat in the last three months.At the rate this election campaign is going, we have yet to hear concrete proposals from the candidates in addressing the hunger problem, Teves said.Citing data from FAO, the NFC said that among the countries in Southeast Asia, the Philippines and Cambodia are tied at second with 17-percent prevalence of undernourishment. In terms of actual number, the Philippines has 16 million undernourished persons, while Cambodia has 2 million. Lao Peoples Democratic Republic has the highest prevalence of undernourishment in the region with 28

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percent or 2 million individuals. Indonesia, while having only 9-percent prevalence of undernourishment, has the highest number of undernourished citizens in the region, with 21.0 million.FAO defines undernourishment or chronic hunger as the status of persons, whose food intake regularly provides less than their minimum energy requirements. The average minimum energy requirement per person is about 1800 kilo calories per day. The exact requirement is determined by a persons age, body size, activity level and physiological conditions such as illness, infection, pregnancy and lactation. -o0oPoverty data doubted, but... The Philippine Star, page 1 (ear) Updated April 26, 2013 - 12:00am BANDAR SERI BEGAWAN President Aquino doubts the accuracy of poverty data provided by a government agency but says he is willing to adjust antipoverty measures to benefit more Filipinos. He questioned data from the National Statistics Coordination Board (NSCB) showing poverty levels were unchanged despite economic growth. I have a bit of a doubt since they used the wrong population data, which is the basis for computing per capita income, Aquino said the other night, midway through the regional summit here of ASEAN leaders. How then can you properly compare 2009 and 2012? The (NSCB) might feel bad, but these are off-the-cuff remarks that were on top of my mind.

420 PAGKAIN SAPAT DAPAT Poverty incidence - or the percentage of the population living below poverty line - stood at 27.9 percent in the first semester of 2012, virtually unchanged from the 28.6 percent in 2009 and 28.8 percent in 2006. Aquino chairs the National Economic and Development Authority (NEDA) Board. The NSCB and the National Statistics Office (NSO) are attached agencies of NEDA. Presidential spokesman Edwin Lacierda and Cabinet Secretary Jose Rene Almendras, accompanying Aquino in Brunei, belied reports that Socioeconomic Planning Secretary Arsenio Balisacan was excluded from the delegation to the 22nd Association of Southeast Asian Nations summit, fueling speculation that it might be related to the poverty report. NEDA is normally not very active in ASEAN because its about negotiations with equivalent line ministers such as trade, finance, etc., Almendras said. Also, (Secretary) Balisacan just arrived from a foreign trip. Lacierda also said the main topics for discussion are primarily ASEAN matters and trade. It is not related whatsoever with the poverty survey, he said. In a press conference on Wednesday night, Aquino said he and his administration were open to ideas and everything that will accelerate inclusive growth. However, he does not believe that immediately pouring billions of pesos into a certain program could actually effect change in poverty ratings overnight. Will we tweak it (anti-poverty programs)? Of

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course, were open to all... everything that will accelerate inclusive growth. But... its not as if we invest so many billions now and in one months time you will see a reversal, he said. Aquino said the Department of Social Welfare and Developments 4Ps (Pantawid Pamilyang Pilipino Program) has been receiving yearly budget increases due to its effectiveness in lifting people from misery and spurring economic growth. Now, I think what we should pay attention to is this: All our interventions for instance, example the Pantawid Pamilya Program... the DSWDs budget increased over 200 percent, he said. If we look at the economic activity in the areas where many households are beneficiaries of this, when you talk to the local businessmen, they will tell you there is a dramatic increase in economic activity in their areas.Lacierda said the government remained focused on generating jobs for Filipinos in urban and rural areas to mitigate poverty. The Human Development and Poverty Reduction Cabinet cluster had come up with an action plan to generate jobs, he added. Various programs to support the farmers are now in place to improve the agricultural sector, Lacierda said. Aquino said he never had the chance to study poverty incidence thoroughly, but that 2009 population numbers were questionable and thus could not be compared to the 2012 figures. Somebody said there was really no change, whatsoever, and I dont think thats what the statistics said, he said.

422 PAGKAIN SAPAT DAPAT Except for two regions, everybody else had... Obviously, they want dramatic changes. But there is reduction in the poverty levels in the rest of the regions. Now, whats difficult here is to predict (changes), it takes time to gather statistics. But there are times when you ask for a particular quarter and the results that will come to you are two quarters after that. But, sorry, I just have to emphasize: The whole country is not composed of two regions. There are only two regions that had dramatic increases in poverty levels. May I point out that one of them is ARMM (Autonomous Region in Muslim Mindanao) and the ARMM, if you include 2009, how reliable are (the figures)? Are you comparing apples to apples? the President asked. Aquino said projects for the ARMM had been considered ghosts or nonexistent and even the population figure had to be corrected. The ARMM is the region with the highest poverty incidence nationwide at 46.9 percent of families living below the poverty line in the first semester of 2012. Another region that saw an increase in poverty incidence was SOCCSKSARGEN with 37.5 percent of families living below the poverty line. Hunger incidence worse in Phl Aurea Miclat-Teves, National Food Coalition (NFC) convener, said hunger incidence in the Philippines is 1:5.88 or almost 1:6, worse than the global average of 1:8. One in every six Filipinos is experiencing daily the worlds number one health risk - hunger, she said.

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Teves said 870 million people worldwide do not have enough to eat based on an infographic of the Food and Agriculture Organization (FAO). It is worse in the Philippines, she said. Teves said FAOs estimate is still conservative, considering the third quarter findings of the Social Weather Stations last year showed 21 percent or an estimated 4.3 million households or one in every five persons experienced having nothing to eat in the last three months. At the rate this election campaign is going, we have yet to hear concrete proposals from the candidates in addressing the hunger problem, she said. Teves, citing data from FAO, said among the countries in Southeast Asia, the Philippines and Cambodia are tied at 2nd with 17 percent prevalence of undernourishment. In terms of actual number, the Philippines has 16 million undernourished persons, while Cambodia has 2 million, she added. Teves said one major reason why the Philippines has high incidence of hunger is the lack of a comprehensive national food policy. Should they get elected, incoming members of the 16th Congress must prioritize the crafting of a national food policy that will rectify incoherent, noncomplementary and conflicting legal mechanisms, she said. If they are really sincere, as how they project themselves during the campaign, then they must enact a framework law on the right to adequate food of every Filipino.

424 PAGKAIN SAPAT DAPAT Senatorial bets react San Juan Rep. JV Ejercito said the NCSB report should prod the government to buckle down to work. The Aquino administration can start by investing heavily in quality education and make it accessible to all, he said. The government should also work with various economic sectors to address job mismatches and focus on the development of the manufacturing sector to increase jobs. Ejercito said the countrys supposed economic gains have failed to lift the millions of Filipinos out of poverty. The lack of productive jobs caused by the governments failure to implement the necessary economic reforms is one of the major reasons why many have remained mired in poverty, he said. Ejercito said implementing a stop-gap measure like the conditional cash transfer program will not resolve the social and economic ills. Workers are also deprived of the opportunity to earn enough due to widespread underemployment especially in the agriculture sector, he said. The poor can no longer afford basic goods because of the continuous increase in prices. He and the United Nationalist Alliance (UNA) will pursue programs and a legislative agenda focused on giving the poor the means to ensure their children will not inherit poverty, Ejercito said. Former senator Migz Zubiri said only 40 families are getting richer in the country.

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Only 40 taipans are making money, he said. The six percent economic progress translates to nothing to the millions of poor Filipinos. There has been no trickle down effects to our people. What should be done, with the increase of profits of businessmen, the blessings should be shared by the employers to their employees by giving them higher pay rates rather than fattening their own accounts. Aurora Rep. Juan Edgardo Angara said the government needs to focus on providing quality education accessible to all and generate jobs to alleviate poverty. The latest data on poverty make us realize the need for more comprehensive and far-reaching solutions, he said. Poverty deprives Filipinos of the opportunity to achieve their full potential to play a vital role in nationbuilding. We should immediately advance reforms and implement measures that would make the poor feel the gains of the growth of our economy. In order to get Filipino families out of poverty, we must push for drastic reforms on education and employment generation, said Angara whose platform is anchored on education and jobs. Former senator Jamby Madrigal said the public must not blame President Aquino if the poverty incidence remains the same since it has only been three years of his administration. It is not that easy to cure the nine years of corruption under of the Arroyo administration, she added. Madrigal said efforts to alleviate poverty are not expected to be felt this early in the Aquino administration.

426 PAGKAIN SAPAT DAPAT If re-elected, she will file bills of national significance to hopefully address problems of the poorest of the poor now benefiting from governments conditional cash transfer, she added. Former lawmaker Risa Hontiveros said that the administration should be credited for making a dent on poverty. Its like a rally cry that we have to be even more relentless in implementing these programs because we are on the right track, she said. It should serve as a wakeup call to everyone in government, Hontiveros said. Sen. Franklin Drilon said poverty incidence has dipped a bit since the Aquino administration took over. That only means that we have been successful in alleviating poverty, he said. Drilon said the growth in population must be taken into consideration when discussing poverty alleviation. The number of Filipinos has increased significantly from six to seven years ago, he added. Drilon said the administration has implemented several reform measures like the increase in the coverage of the Philippine Health Insurance Corp. or PhilHealth, as well as the beneficiaries of the conditional cash transfer program of the Department of Social Welfare and Development. Reduction of poverty takes time, he said. But because of the reforms done by this administration, it has paved the way for substantive poverty reduction through socio-economic reforms like for example the 4Ps program, the increase in enrolment of the poor in the PhilHealth program.

Annex I - News Clippings 427 Drilon said the allocation of P25 billion for PhilHealth this year and another P40 billion for 3.8 million Filipinos under the National Housing Poverty Reduction Program were unprecedented. That is precisely the point in this campaign, he said. This is a referendum of the performance of this administration. The past two and a half years, the Aquino administration has shown its capacity to govern properly. We will continue to address poverty in this country and were confident that under the leadership of the President, we will succeed. But you dont lick poverty at the levels that this administration inherited in two and a half years time. -Aurea Calica, Rhodina Villanueva, Jose Rodel Clapano, Delon Porcalla, Marvin Sy -o0oGroup to bets: Prioritize nutrition By Ellalyn B. De Vera Manila Bulletin | Published: April 28, 2013 Manila, Philippines --- Candidates in the 2013 midterm elections should focus and debate on how they can improve the incidence of undernourishment or chronic hunger in the country, food advocates urged on Saturday. National Food Coalition (NFC) convenor Aurea Miclat-Teves cited that in the country, one in every six Filipinos are experiencing hunger every day. There are 870 million people in the world who do not have enough to eat. Citing an infographic of Food and

428 PAGKAIN SAPAT DAPAT Agriculture Organization (FAO) of the United Nations (UN), she stressed that one in every eight individuals goes to sleep hungry every day. She added that FAOs estimate is still conservative, considering the third quarter findings of the Social Weather Stations last year, showing that 21 percent or an estimated 4.3 million households or one in every five persons experienced having nothing to eat in the last three months. At the rate this election campaign is going, we have yet to hear concrete proposals from the candidates in addressing the hunger problem, Teves said. Citing data from FAO, the NFC said that among the countries in Southeast Asia, the Philippines and Cambodia are tied at 2nd place with 17 percent prevalence of undernourishment. In terms of actual number, the Philippines has 16 million undernourished persons, while Cambodia has two million. Lao Peoples Democratic Republic has the highest prevalence of undernourishment in the region with 28 percent or two million individuals. Indonesia, while having only nine percent prevalence of undernourishment, has the highest number of undernourished citizens in the region, with 21 million. -o0o-

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Annex II. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests

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Photo: Florian Kopp

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests A new tool for Governments and Civil Society Organisations to address land issues Why are the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests important? After having been the source of livelihood of most of the earths population for thousands of years, land and other natural resources have become objects of speculation, appropriation and expectations for profit of elites, international companies and private equity funds, state funds and companies. It is estimated that up to 80 million hectares have been the object of transboundary land transfers in the last few years, where the envisioned land use is agriculture, of which 60 million are located in Africa (http://landportal.info/landmatrix/ media/img/ analytical-report.pdf). Often these actors do not consider the interests of local people in their decision making. Therefore mechanisms are required that give weight to local interests. The Voluntary Guidelines on the Responsible Governance

434 PAGKAIN SAPAT DAPAT of Tenure of Land, Fisheries and Forests (VG on Land) determine in detail why and how such mechanisms should be established, how laws and public institutions should consider land and natural resource rights. They also specify the responsibilities of governments, donors, international organizations and others.

It is estimated that on a global level 525 million peasant families depend on land as their source of livelihood, for farming, livestock keeping, fishing and collecting forest products. These people are most vulnerable to losing their land to investors. Many of them have no written land rights or documented land titles, but live under customary law. In Africa often land is given to families verbally by traditional chiefs. In many places land and forests are used under collective ownership. Tenure rights can be shared or be overlapping. Nutrition and survival of the family, but also cultural, traditional, religious and historical meanings of land and belonging plays a central role here. 75 percent of the worlds population suffering from hunger and malnourishment live in rural areas. Land grabbing increases rural poverty and hunger. The VG on Land can be a helpful tool to prevent land misappropriation and to defend land rights and the poors access to natural resources.

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What are the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests? The VG on Land have been elaborated as a response to the mentioned threats and to specify the Voluntary Guidelines on the Right to Food, which were adopted by the FAO in 2004, and determine in chapter 8 the importance of access to land for the realization of the right to food. The international legally binding document which is the basis for both guidelines is the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations in 1966 (see: http://www2.ohchr.org/ english/law/cescr.htm). The VG on Land have been approved by the Committee on World Food Security (CFS) on May 11, 2012 after a three years process of regional consultations with governments, civil society and the private sector. The CFS is an intergovernmental body established in 1974 to serve as a forum of the United Nations System. In 2009 the members of CFS have agreed on a wideranging reform that aims to make CFS the foremost inclusive international and intergovernmental platform dealing with food security and nutrition. The potential for civil society participation in CFS decision making is significant (see: www.fao.org/cfs/en/). In light of the growing land grabbing and the predominance of rather weak global regulation standards, such us the much criticized World Bank Principles for Responsible Agricultural Investment (RAI), representatives of smallholder producers, fisherfolk,

436 PAGKAIN SAPAT DAPAT pastoralists, indigenous people, urban poor, migrants, agricultural workers and non-governmental organizations (NGOs) have strongly supported the development and negotiations of the VG on Land. Despite of some shortfalls in the final document, civil society stakeholders have welcomed the VG on Land and are now advocating for its implementation (see the Joint political statement on the VG on Land of civil society organizations which have actively participated in the process of developing these Guidelines under www.csm4cfs.org/policy_working_ groups-6/land_ tenure-6/). The VG on Land are voluntary standards, but this does not mean that they are toothless. The VG on Land refer to existing standards of international law, such as the participation of affected parties, the principle of nondiscrimination, the access to legal examination, human dignity, equity and justice, gender equality, transparency and accountability (see paragraph 3B). Due to the urgency of the issue it is useful to have a concrete and applicable instrument ready to use now. The alternative would have been going through the long process of consensus reaching for an internationally binding agreement based on the least common denominator. The VG on Land are directed towards States as well as non-state actors such as private companies, NGOs and civil society in general. Within contexts where national laws and regulations on land, fisheries and forests are already strong and further developed, but not sufficiently implemented, the VG on Land can serve as a tool to advocate for better implementation. Where limitations of the

Annex II - Voluntary Guidelines 437 national law and administration are obvious, the VG on Land can serve as a tool to be used in the dialogue between governments and civil society stakeholders anew. Within fragile contexts as well as under authoritarian regimes and conflictive environment with high risks for civil society engagement, the VG on Land might not be the first instrument to work with. However, specific paragraphs could serve as tools to open a constructive dialogue. Further, international actors are challenged to comply with the VG on Land and can take up the issue in bilateral cooperation. Key messages of the VG on Land Principles The VG on Land contain principles for States and nonstate actors, including business enterprises. According to paragraph 3A, States should recognize and respect all legitimate tenure rights and the people holding theses rights (even if there are no written documents); safeguard legitimate tenure rights against the loss of these rights (e.g. by forced evictions); promote and facilitate the enjoyment of legitimate tenure rights (e.g. by providing services); provide access to justice to resolve disputes over tenure rights; prevent tenure disputes, violent conflicts and corruption.

438 PAGKAIN SAPAT DAPAT Recognition of existing tenure rights The VG on Land protect existing individual and collective tenure rights, even if they are not officially recorded: Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not (paragraph 7.3). Customary and informal tenure The VG on Land provide many recommendations for customary tenure, which is declared to be valuable and is to be protected by the States. Specific attention is also given to indigenous communities and their rights. These recommendations are useful when strengthening the customary and informal tenure which is the common tenure system in most African and many Asian and LatinAmerican countries, with individual and/or collective ownership: States and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value (paragraph 9.1); States should provide appropriate recognition and protection of the legitimate tenure rights of indigenous people and other communities with customary tenure systems (paragraph 9.4); communities with customary tenure systems should not be forcibly evicted from such ancestral lands. (paragraph 9.5);

Annex II - Voluntary Guidelines 439 There should be full and effective participation of all members or representatives of affected communities when developing policies and laws related to tenure systems of indigenous people and other communities with customary tenure. (paragraph 9.7); States should protectcommunities with customary tenure systems against the unauthorized use of their land, fisheries and forests... (paragraph 9.8); States should promote policies and laws to provide recognition to such informal tenure. (paragraph 10.1). Land transfers and investment in land The VG on Land acknowledge that land and resources are sold and leased. They also recognize the importance of responsible public and private investments for food security, but point to the necessity to regulate land markets in order to avoid negative effects of land transfers and transfers of fish resources and forest rights. They ask for fair and transparent sale and lease markets (paragraph 11.1), with objectives such as to promote participation under equal conditionsfor mutually beneficial transfers; increase participation by the poor. States should take measures to prevent undesirable impacts on local communities.that may arise from land speculation, land concentration and the abuse of customary forms of tenureStatesshould recognize that values...are not always served well by unregulated

440 PAGKAIN SAPAT DAPAT markets. (paragraph 11.2) Possible risks and threats of unregulated land markets are clearly spelled out. The following paragraphs include some proposals how States should strengthen the role of the poor: States should simplify administrative procedures in order to avoid discouragement of market participation by the poor and most vulnerable. (paragraph 11.3); States should establish appropriate and reliable recording systems, such as land registersto increase tenure security (paragraph 11.5); States should protect the tenure rights of smallscale producers (paragraph 11.8); States should support investments by smallholders as well assmallholder-sensitive investments. (paragraph 12.3); Responsible investments should do no harm, safeguard against dispossessionand environmental damage (paragraph 12.4); What is tenure? This has not been defined by the CFS. But the FAO has some very good definitions: Tenure is the relationship, whether defined legally or customarily, among people with respect to land (including associated buildings and other structures), fisheries, forests and other natural resources. The rules of tenure define how access is granted to use and have control over these resources, as well as associated responsibilities and

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restraints. They determine who can use which resources, for how long, and under which conditions. Tenure systems may be based on written policies and laws, as well as on unwritten customs and practices. Tenure rights may be held by individuals, families, indigenous peoples and other communities, associations and other corporate bodies, and by States and their various bodies. Within a country a wide range of tenure rights may exist, including ownership rights, lease rights and use rights, including subsidiary tenure rights. Source: FAO, Land Tenure and Rural Development, in Land Tenure Studies 3, Rome, 2002, www.fao.org/ DOCREP/005/Y4307E/y4307e00.htm#Contents

Photo: Christoph Puschner

States shouldprovide transparent rules on the scale, scope and nature of allowable transactions in tenure rights (paragraph 12.5); States should provide safeguards to protect legitimate tenure rights, livelihoods, food security and the environment from risks that could arise from large-.scale transactions in tenure rights (paragraph 12.6).

442 PAGKAIN SAPAT DAPAT The VG on Land also provide recommendations on the monitoring of large-scale investment and its impact, corrective measures, ensuring participation in negotiations etc. Rights and obligations of States towards affected indigenous communities like Free Prior Informed Consent (FPIC) are stressed (12.7). For all other affected communities the VG on Land refer to principles of consultation and participation of these Guidelines (various paragraphs Chapter 12) as well as appropriate participation within monitoring and examination mechanisms (12.14). Land reform: restitution and redistribution Land reforms are explicitly mentioned in two chapters of the VG on Land. In case of the loss of legitimate tenure rights the restitution of the original parcels or fair compensation should be applied (chapter 14). In order to improve the broad and equitable access to land and to reduce high ownership concentration with related rural poverty, redistributive land reforms should be considered (chapter 15). Land reform processes must be transparent and participatory. Beneficiaries should be clearly defined and supported with necessary measures such as access to credit, inputs, markets, technical assistance etc. People should have access to legal assistance, if necessary. It is important that beneficiaries should be selected through fair and transparent processes, preventing that friends of the authorities are favoured. Beneficiaries should receive protected and officially recorded tenure rights and it should be avoided that they lose their land if they dont comply with expectations.

Annex II - Voluntary Guidelines 443 Expropriation and compensation The loss of tenure rights in favour of large-scale agricultural production, mining and exploitation of natural and mineral resources, urbanization and industrialization is frequent in most countries. Often affected people are evicted, lose their livelihoods and become vulnerable. The guidelines address this issue in chapter 16, spelling out that States should expropriate only where rights to land, fisheries and forests are required for a public purpose. States should clearly define the concept of public purpose in law. They should respect all legitimate tenure right holders, bypromptly providing just compensation (paragraph 16.1). The VG on Land recall the right of affected people to be informed and consulted (paragraph 16.2). Evictions and relocations have to be consulted with the affected population, alternatives have to be examined, transparency and prompt compensation secured, all under the condition of consistency with the States obligations to respect, protect and fulfill human rights (paragraphs 16.716.9) Nobody should be rendered homeless and vulnerable to the violation of human rights (paragraph 16.9). Land and tenure records The registration of land and tenure rights is expensive and inaccessible for many smallholders. Chapter 17 of the VG on Land call for systems to record individual and collective tenure rights, in socio-culturally appropriate ways, which also consider community tenure traditions.

444 PAGKAIN SAPAT DAPAT The land records should be accessible to everyone, including women, poor and vulnerable groups (paragraph 17.3). Unbureaucratic procedures with low costs are recommended (paragraph 17.4). Records can increase tenure security and identify overlapping rights which may lead to conflicts. Disputes over tenure rights Land and resource conflicts are frequent and increasing with population growth, migration, climate change and land grabbing. The VG on Land dedicated chapter 21 to the national level of resolve, calling for States to provide access through impartia bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of resolving such conflicts (paragraph 21.1). States should strive to provide legal assistance to vulnerable and marginalized groups to ensure for all safe access to justice without discrimination (paragraph 21.6). Within Chapter 22 also transboundary matters with regard to disputes and resolution mechanisms are taken up. Not clearly defined are disputes over land where international stakeholders are directly or indirectly involved. Also dispute regulation within conflict situations and under presence of armed groups is not explicitly mentioned. Crosscutting issues Two main crosscutting issues are the rights of women and the prevention of corruption. The VG

Annex II - Voluntary Guidelines 445 on Land highlight in different chapters the need to realize the rights of women and girls in land and resource issues. Womens tenure rights are not always compatible with traditional customary rights. In some countries, for example, widows are evicted from the familys house and land after the death of the husband. The VG on Land explicitly spell out the need to consider womens and girls rights in all land rights aspects. In different chapters the VG on Land address the prevention of corruption in the different processes related to land, by participation, consultation and empowerment of communities, as well as other means. How can civil society organizations make use of the Voluntary Guidelines? The VG on Land can serve as an important tool box for lobby and advocacy activities on just and transparent policies for land rights and the poors access to resources. Where rights and responsibilities are not fulfilled and rights are not respected, the VG on Land might seem to be a rather weak instrument. However as the VG on Land refer to International Agreements, Commitments and Obligations, they might also under non-supportive environments serve as a new tool to refresh the dialogue on the shortcomings and to lobby for the fulfillment of national and international obligations. Various paragraphs call for the obligation of the State to provide transparency and to prevent corruption. In others the right of communities or their

446 PAGKAIN SAPAT DAPAT representatives to participate in processes to elaborate land and tenure laws and polices is highlighted. Civil society organizations in the South and in the North can use the VG on Land to examine and monitor land transfers. The VG on Land provide a lot of ideas how secure land rights and the poors access to resources can be established. Civil society organizations can use them in trainings on land grabbing and tenure rights. The VG on Land can be used when negotiating with investors or with government representatives such as district or provincial administrations or land authorities. Civil society organizations can use the VG on Land in public hearings and meetings with politicians and private companies to point out shortcomings and injustice, in cases of unfair land acquisitions and land grabbing, when land deals are intransparent, when communities suffer from land concentration in the hands of a small elite etc. The VG on Land can be used in media such as newspapers, internet, radio and TV when current land issues and conflicts are taken to the public. They can also be used in public interest litigation, using the principle of non-discrimination and the right to access to legal examination as standards based on international law to bring cases of evictions, unjust land transfers and others to court. Finally they can be used in awareness building campaigns with local communities on the rights of women and girls or when the responsibilities of traditional authority in customary tenure systems are analyzed.

Annex II - Voluntary Guidelines 447 Who will continue to work on the issue? The States are responsible for the implementation of the VG on Land (paragraph 26.1). Civil Society should monitor this obligation. NGOs in different parts of the planet working on land rights and the poors access to resources need to cooperate through regional networking and joint lobbying. MISEREOR and Bread for the World - Protestant Development Service are lobbying for implementation at the German and international level and encourage partner organizations to lobby for the implementation of the VG on Land in their areas of action. Further information If you have any questions on the Voluntary Guidelines on the Responsible Governance of T enure of Land, Fisheries and Forests in the Context of National Food Security (VG on Land) or the Voluntary Guidelines on the Right to Food please contact: Carolin Callenius (Bread for the World - Protestant Development Service) : carolin.callenius@brotfuer-die-welt.de Alicia Kolmans (MISEREOR): alicia.kolmans@ misereor.de The full text of the guidelines can be downloaded under www.fao.org/fileadmin/user_upload/ nr/land_ tenure/pdf/VG_Final_May_2012.pdf. More information on the VG on Land and their background is given on the following pages: www. fao. org/nr/tenure/voluntary-guidelines/en/.

448 PAGKAIN SAPAT DAPAT Information on the Committee on World Food Security on www.fao.org/cfs/en/. Information on the Civil Society Mechanism of the CFS and Land Tenure on www.csm4cfs.org/ policy_ working_groups-6/land_tenure-6/. FIAN is the international NGO lobbying for the implementation of the right to food, giving special emphasis to the land issue (www.fian.org/programs- andcampaigns/access-to-land). The NGO GRAIN provides updated information on land grabbing (www.farmlandgrab.org). A detailed study on land rights published by the International Land Coalition is found under www. landcoalition.org/cpl/CPL-synthesis-report. The Land Matrix Project has a lot of useful information on land grabbing. Their database shows the dimension in the different countries and contains documents to the respective cases (http://landportal. info/landmatrix). There will be a collection of national treaties, laws and regulations (see example here: http://landportal. info/area/africa/ east-africa/ kenya%20). A collection of relevant studies, briefing and policy papers on land rights, land conflicts and natural resource management can be found on the English website of the Working Group Peace&Development/FriEnt (www. frient.de/index.php?id=56&L=1). Published by Bread for the World - Protestant Development Service, Protestant Agency for Diaconia and Development, Caroline-Michaelis-Strase 1, D-10115 Berlin, Germany,

Annex II - Voluntary Guidelines 449 Phone: +49 30 65211 0, E-Mail: info@brot-fuer-diewelt.de, www.brot-fuer-die-welt.de Bischofliches Hilfswerk MISEREOR e.V., Mozartstrase 9, D-52064 Aachen, Germany, Phone: +49 241 442 0, E-Mail: info@misereor.de, www.misereor.de Author Erwin Geuder-Jilg Editorial Staff Carolin Callenius, Jorg Jenrich, Alicia Kolmans, Caroline Kruckow, Martin Remppis Responsible Thomas Sandner Layout Jorg Jenrich Art.Nr. 129 501 410 January 2013

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