- 31 -
C.
Factors and difficulties impeding the
implementation of the Covenant
107. The Committee observes that economic difficulties, aggravated by a strong
migration from rural to urban areas and the servicing of the external debt,
have had a constraining influence on the implementation of the Covenant.
108. Politico-social obstacles, including oligarchical and entrenched
conservative religious influences, have often inhibited and aborted attempts
to improve the lot of the disadvantaged classes and to remove some of the
sociocultural ills which beset the Philippines.
109. The Committee also notes the highly detrimental consequences of the
persisting civil conflict in the south of the country for the effective
implementation of economic, social and cultural rights.
D.
Principal subjects of concern
110. The Committee was unable to ascertain the precise status of the Covenant
in terms of its practical relevance within the judicial system. It notes that
the National Human Rights Commission has not been accorded judicial powers in
relation to human rights matters and that this has been a matter of some
controversy within the Philippines. The delegation was unable to give details
of any specific instance in which the Covenant had been successfully applied
by domestic courts.
111. With regard to the issue of divorce, the Committee notes the different
legal provisions applying in the predominantly Muslim provinces where the
Shari’a is given effect and the other parts of the Philippines, where divorce
is legally forbidden. The Committee is concerned about the discriminatory
aspects of this approach and notes that civil marriage and divorce should be
regulated so as to leave to the individuals concerned the duties that religion
imposes. The prohibition of divorce often results in the breakdown of
families, with highly detrimental consequences, particularly for abandoned
women and children and also for the children of subsequent cohabitations, who
must, by definition, be born out of wedlock. The Committee also regrets the
apparent increase in incidents of domestic violence.
112. The Committee is concerned about the lack of resources devoted by the
Government to preventing and combating the economic and sexual exploitation of
children. It notes that the official government statistics relating to cases
of child sexual exploitation are radically lower than apparently more reliable
estimates from a variety of other sources. It is not convinced that the
Government is doing enough to satisfy its obligations under the Covenant to
seek to protect these children. The same observation applies with respect to
the problem of street children. The Committee also expresses regret at the
lack of mechanisms to monitor the application of the laws governing the legal
minimum age of employment and the protection of children in labour matters, as
required by the provisions of the Covenant.
113. The Committee is also concerned about the fact that, in the great
majority of detention centres, juvenile offenders are detained together with