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Philippines

Executive Summary

The Philippines is a multiparty, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. Midterm elections in May 2019 for 12 (of 24 total) senators, all congressional representatives, and local government leaders were seen as generally free and fair, despite reports of violence and vote buying. The ruling party and allies won all 12 Senate seats and maintained an approximately two-thirds majority in the 306-seat House of Representatives. Barangay (village) and youth council elections originally scheduled for 2021 were rescheduled for December 5, 2022, so that local and national elections would occur in the same year.

The Philippine National Police is charged with maintaining internal security in most of the country and reports to the Department of the Interior. The Armed Forces of the Philippines (armed forces), which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly the Mindanao region. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The national police Special Action Force is responsible for urban counterterrorism operations. Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources. The government continued to support and arm civilian militias. The armed forces controlled Civilian Armed Force Geographical Units, while Civilian Volunteer Organizations fell under national police command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited Civilian Volunteer Organization and Civilian Armed Forces Geographical Unit members into those armies. Civilian control over security forces was not fully effective. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by and on behalf of the government and nonstate actors; reports of forced disappearance by and on behalf of the government and nonstate actors; torture by and on behalf of the government and nonstate actors; harsh and life-threatening prison conditions; arbitrary detention by and on behalf of the government and nonstate actors; significant problems with the independence of the judiciary; arbitrary and unlawful interference with privacy; unlawful recruitment or use of child soldiers by terrorists and groups in rebellion against the government; serious restrictions on free expression and the press, including violence, threats of violence, and unjustified arrests or prosecutions of journalists, censorship, and the use of criminal libel laws to punish journalists; and corruption.

The government investigated a limited number of reported human rights abuses, including abuses by its own forces, paramilitaries, and insurgent and terrorist groups. Concerns about police impunity continued following the increase in killings by police in 2016. Significant concerns also persisted about impunity for other security forces, civilian national and local government officials, and powerful business and commercial figures. Slow judicial processes remained an obstacle to bringing government officials allegedly involved in human rights abuses to justice.

Muslim separatists, communist insurgents, and terrorist groups continued to attack government security forces and civilians, causing displacement of civilians and resulting in the deaths of security force members and civilians. Terrorist organizations engaged in kidnappings for ransom, bombings of civilian targets, beheadings, and the use of child soldiers in combat or auxiliary roles.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Children

Birth Registration: Citizenship derives from birth to a citizen parent and, in certain circumstances, from birth within the country’s territory to alien parents. The government promoted birth registration, and authorities immediately registered births in health facilities. Births outside of facilities were less likely to be registered promptly, if at all. Updated estimates from the Philippine Statistics Authority on the number of unregistered children younger than age 14 were unavailable; however, NGOs continued to lobby Congress to make birth registration for children free. The lack of a birth certificate does not generally result in a denial of education or other services, but it may cause delays in some circumstances, for example if a minor becomes involved in the court system.

Education: Education is free and compulsory through age 18, but the quality of education was often poor and access difficult, especially in rural areas where substandard infrastructure makes traveling to school challenging. Supplemental costs, for supplies or uniforms, can in some cases be a barrier to students from poor families. The Department of Education continued to prioritize improving resources at and access to the most isolated schools, to include increasing the budget during the year for schools in the Bangsamoro, the region with the lowest rate of school attendance. According to the World Economic Forum’s 2020 Global Gender Gap Report, the primary school enrollment rate for girls was equal to the rate for boys, while the rate for girls was significantly higher than the rate for boys in secondary and tertiary schools.

Child Abuse: Child abuse remained a problem. Through the second quarter of the year, the social welfare department served only 1,619 children in centers and residential care facilities nationwide, a small fraction of those in need. Several cities ran crisis centers for abused women and children.

Child, Early, and Forced Marriage: The legal minimum age for marriage for both sexes is 18 years; anyone younger than 21 must have parental consent. Under Muslim personal law, Muslim boys may marry at 15, and girls may marry when they reach puberty.

Sexual Exploitation of Children: The law prohibits the commercial exploitation of children and child pornography and defines purchasing commercial sex acts from a child as a trafficking offense. The statutory rape law criminalizes sex with minors younger than 12 and sex with a child younger than 18 involving force, threat, or intimidation. The maximum penalty for child rape is 40 years in prison plus a lifetime ban from political office. The production, possession, and distribution of child pornography are illegal, and penalties range from one month to life in prison, plus significant fines, depending on the gravity of the offense.

While authorities endeavored to enforce the law, inadequate prosecutorial resources and capacity to analyze computer evidence were challenges to effective enforcement. The government made serious efforts to address these crimes and collaborated with foreign law enforcement, NGOs, and international organizations.

Despite the penalties, law enforcement agencies and NGOs reported that criminals and family members continued to use minors in the production of pornography and in cybersex activities.

Children continued to be victims of sex trafficking, and the country remained a destination for foreign and domestic child sex tourists. Additionally, the live internet broadcast of young girls, boys, and sibling groups performing sex acts for paying foreigners continued. The government continued to prosecute accused pedophiles and deport those who were foreigners and to stop the entry of identified convicted sex offenders. To reduce retraumatization of child victims and spare children from having to testify, the government increased its use of plea agreements in online child sexual exploitation cases, which significantly reduced the case disposition time.

In June the national police arrested a woman for the online sex trafficking of her adult deaf sister and six children ages two to 15, including the woman’s son and two nieces. Police rescued the victims from the trafficker and provided them with trauma therapy and shelter placement. In September a woman pled guilty to attempted trafficking. In a sting police caught the woman exploiting her two sisters and six-year-old daughter. The government used plea bargains and technology-based child-protective measures to prevent retraumatization.

The National Bureau of Investigation and the PNP worked closely with the Labor Department to target and close facilities suspected of sex trafficking of minors. Since the start of the COVID-19 community quarantine period from March to May, the Department of Justice’s Office of Cybercrime reported 279,166 cases of online sexual exploitation of children, a 265 percent increase from the same period in 2019.

Displaced Children: While there were no recent, reliable data, involved agencies and organizations agreed there were hundreds of thousands of street children in the country. The problem was endemic nationwide and encompassed local children and the children of IDPs, asylum seekers, and refugees. Many street children were involved in begging, garbage scavenging, and petty crime.

Service agencies, including the social welfare department, provided residential and community-based services to thousands of street children nationwide, including in a limited number of residential facilities and the growing Comprehensive Program for Street Children, Street Families, and Indigenous Peoples. This program included activity centers, education and livelihood aid, and community service programs.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Although legal penalties are commensurate with similar crimes, the government did not effectively enforce the law.

The government continued awareness-raising activities, especially in the provinces, in an effort to prevent forced labor. The Labor Department’s efforts included an orientation program for recruits for commercial fishing vessels, who were among the workers most vulnerable to forced labor conditions.

Reports of forced labor by adults and children continued, mainly in fishing and other maritime industries, small-scale factories, gold mines, domestic service, agriculture, and other areas of the informal sector (see section 7.c.). According to NGOs and survivors, unscrupulous employers subjected women from rural communities and impoverished urban centers to domestic service, forced begging, and forced labor in small factories. They also subjected men to forced labor and debt bondage in agriculture, including on sugar cane plantations and in fishing and other maritime industries. Trade unions reported that continued poor compliance with the law was due in part to the government’s lack of capacity to inspect labor practices in the informal economy.

There were reports some persons who voluntarily surrendered to police and local government units in the violent antidrug campaign were forced to do manual labor or other activities that could amount to forced labor without charge, trial, or finding of guilt under law. Inmates are only allowed to perform manual labor within prisons at the inmates’ request.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employing children younger than age 15, including for domestic service, except under the direct and sole responsibility of parents or guardians, and sets the maximum number of working hours for them at four hours per day and no more than 20 hours per week. The law also prohibits the worst forms of child labor. Children between 15 and 17 are limited to eight working hours per day, up to a maximum of 40 hours per week. The law forbids the employment of persons younger than 18 in hazardous work. The minimum age for work is lower than the compulsory education age, enticing some children to leave school before the completion of their compulsory education.

The government did not effectively enforce the law. Although the government imposed fines and instituted criminal prosecutions for child labor law violations in the formal sector, for example in manufacturing, it did not do so effectively or consistently. Fines for child labor law violations were not commensurate with analogous crimes. From January to July, the Labor Department, through its Sagip Batang Manggagawa (Rescue Child Laborers) program (part of the Health, Education, Livelihood, and Prevention, Protection, and Prosecution, Monitoring and Evaluation Convergence Program), conducted four operations and removed five minors from hazardous and exploitative working conditions. As of July the department closed two establishments for violations of child labor laws. Operations under the Sagip Batang Manggagawa program are conducted and concluded separately from the standard labor inspection process.

The government, in coordination with domestic NGOs and international organizations, continued to implement programs to develop safer options for children, return them to school, and offer families viable economic alternatives to child labor. The Labor Department continued its efforts to reduce the worst forms of child labor and to remove children from hazardous work under the Convergence Program. Inspections as of October found eight establishments employing 39 minors. Four of the eight establishments were found to have violated the Anti-Child Labor Law; two were immediately corrected, and two were filed in courts.

Despite these efforts, child labor remained a widespread problem. Previous cases reported to the Labor Department focused on domestic services and agricultural sectors, notably in the fishing, palm oil, and sugar cane industries. Most child labor occurred in the informal economy, often in family settings. Child workers in those sectors and in activities such as gold mining, manufacturing (including of fireworks), domestic service, drug trafficking, and garbage scavenging faced exposure to hazardous working environments.

NGOs and government officials continued to report cases in which family members sold children to employers for domestic labor or sexual exploitation.

Online sexual exploitation of children and child soldiering also continued to be a problem (see sections 6 and 1.g., respectively).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on age, sex, race, creed, disability, HIV or tuberculosis or hepatitis B status, or marital status. The law does not prohibit employment discrimination with respect to color, political opinion, national origin or citizenship, language, sexual orientation, gender identity, other communicable disease status, or social origin. While some local antidiscrimination ordinances exist at the municipal or city levels that prohibit employment discrimination against lesbian, gay, bisexual, and transgender–but not intersex–persons, there was no prohibition against such discrimination in national legislation.

The law requires most government agencies and government-owned corporations to reserve 1 percent of their positions for persons with disabilities; government agencies engaged in social development must reserve 5 percent. The law commits the government to providing “sheltered employment” to persons with disabilities, for example in workshops providing separate facilities. The Labor Department’s Bureau of Local Employment maintained registers of persons with disabilities that indicated their skills and abilities and promoted the establishment of cooperatives and self-employment projects for such persons.

Persons with disabilities nonetheless experienced discrimination in hiring and employment. The Labor Department estimated that only 10 percent of employable persons with disabilities were able to find work. Between January and July, no cases were filed to enforce the law. The government did not effectively monitor laws prohibiting employment discrimination or promoting the employment of persons with disabilities. Penalties were commensurate with other crimes.

The government had limited means to assist persons with disabilities in finding employment, and the cost of filing a lawsuit and lack of effective administrative means of redress limited the recourse of such persons when prospective employers violated their rights.

Discrimination in employment and occupation against LGBTI persons occurred; a number of LGBTI organizations submitted anecdotal reports of discriminatory practices that affected the employment of LGBTI persons. Discrimination cases included the enforcement of rules, policies, and regulations that disadvantaged LGBTI persons in the workplace.

Women faced discrimination both in hiring and on the job. Some labor unions claimed female employees suffered punitive action when they became pregnant. Although women faced workplace discrimination, they occupied positions at all levels of the workforce.

Women and men were subject to systematic age discrimination, most notably in hiring.

e. Acceptable Conditions of Work

Official minimum wages were below the poverty line. By law the standard workweek is 48 hours for most categories of industrial workers and 40 hours for government workers, with an eight hour per day limit. The law mandates one day of rest each week. The government mandates an overtime rate of 125 percent of the hourly rate on ordinary days, 130 percent on special nonworking days, and 200 percent on regular holidays. There is no legal limit on the number of overtime hours that an employer may require.

The law did not cover many workers, since wage boards exempted some newly established companies and other employers from the rules because of factors such as business size, industry sector, export intensity, financial distress, and capitalization level.

Domestic workers worked under a separate wage and benefit system, which lays out minimum wage requirements and payments into social welfare programs, and mandates one day off a week. While there were no reliable recent data, informed observers believed two million or more persons were employed as domestic workers, with nearly 85 percent being women or girls as young as age 15.

Penalties for noncompliance with increases or adjustments in mandatory minimum wage rates are modest fines, imprisonment of one to two years, or both. In addition to fines, the government used administrative procedures and moral persuasion to encourage employers to rectify violations voluntarily. The penalties were commensurate with similar crimes. The government did not effectively enforce minimum wage laws. Violations of minimum wage standards were common. Many firms hired employees for less than minimum wage apprentice rates, even if there was no approved training in their work. Complaints about payment under the minimum wage and nonpayment of social security contributions and bonuses were particularly common at companies in the Special Economic Zones.

The law provides for a comprehensive set of appropriate occupational safety and health standards. Regulations for small-scale mining, for example, prohibit certain harmful practices, including the use of mercury and underwater, or compressor, mining. The law provides for the right of workers to remove themselves from situations that endangered health or safety without jeopardy to their employment. Most labor laws apply to foreign workers, who must obtain work permits and may not engage in certain occupations.

The Labor Department’s Bureau of Working Conditions monitors and inspects compliance with labor law in all sectors, including workers in the formal and informal sectors, nontraditional laborers, as well as inspects Special Economic Zones and businesses located there. The number of labor law compliance officers, who monitor and enforce the law, including by inspecting compliance with core labor and occupational safety standards and minimum wages, was insufficient for the workforce of 42 million, particularly in rural areas. The Labor Department prioritized increasing the number of officers while acknowledging that insufficient inspection funds continued to impede its ability to investigate labor law violations effectively, especially in the informal sector and in small and medium-size enterprises.

The Labor Department continued to implement its Labor Laws Compliance System for the private sector. The system included joint assessments, compliance visits, and occupational safety and health standards investigations. Labor department inspectors conducted joint assessments with employer and worker representatives; inspectors also conducted unannounced compliance visits and occupational safety and health standards investigations. The Labor Department and the ILO also continued to implement an information management system to capture and transmit data from the field in real time using mobile technology. Violations from January to July dropped significantly from the same period in 2019 because of COVID-19 quarantine restrictions, with 3,678 for general labor standards, 1,457 for violations of minimum wage rates, and 6,908 for occupational safety and health standards. Following a deficiency finding, the Labor Department may issue compliance orders that can include a fine or, if the deficiency poses a grave and imminent danger to workers, suspend operations. Penalties were commensurate with those for similar crimes. The Labor Department’s Bureau of Working Conditions did not close any establishments during the year. Such closures require prior notification and hearings.

During the year various labor groups criticized the government’s enforcement efforts, in particular the Labor Department’s lax monitoring of occupational safety and health standards in workplaces. Between January and July, the Bureau of Working Conditions recorded 46 work-related accidents that caused 26 deaths and 2 injuries. Statistics on work-related accidents and illnesses were incomplete, as incidents were underreported, especially in agriculture.

A labor department order sets guidelines on the use of labor contracting and subcontracting. Some labor unions, however, criticized the order for not ending all forms of contractual work.

There were also gaps in the law, and the government enforced it inconsistently. Media reported, for example, problems in the implementation and enforcement of the domestic worker’s law, including a tedious registration process, an additional financial burden on employers, and difficulty in monitoring employer compliance.

The government and several NGOs worked to protect the rights of the country’s overseas citizens, most of whom were Philippine Overseas Employment Agency contract or temporary workers. Although the agency registered and supervised domestic recruiter practices, authorities often lacked sufficient resources to provide complete worker protection overseas. The Overseas Worker Welfare Administration provides support to overseas workers in filing grievances against employers via its legal assistance fund. The fund covers administrative costs that would otherwise prevent overseas workers from filing grievance complaints. Covered costs include fees for court typing and translation, visa cancellation, and contract termination.

The government continued to place financial sanctions on, and bring criminal charges against, domestic recruiting agencies found guilty of unfair labor practices.

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