The UPR Project at BCU: Philippines

Our Stakeholder report to Philippines’ Universal Periodic Review, led by Dr. Amna Nazir, makes specific recommendations to the government regarding the right to life and capital punishment.

Researchers

Consultancy background

This Stakeholder Report focuses upon capital punishment and makes recommendations to the Government of Philippines on this key issue, implementation of which would also see Indonesia moving towards achieving Sustainable Development Goal 16 which aims for peaceful and inclusive societies, access to justice for all and effective, accountable and inclusive institutions at all levels.

Download the stakeholder report

On 31st August 2022, the UN’s Office of the High Commissioner for Human Rights published its Stakeholder Summary Report for South Africa, which cited the Stakeholder Report submitted by UPR Project at BCU:

“JS15 stated that House Bill 7814, which was under discussion at the Senate, establishes a presumption of guilt for persons charged with certain drug-related activities, in violation of fair trial rights, and envisages the reinstatement of the death penalty.” (Para 20)

“JS23 stated that most places of detention were severely overcrowded which resulted in conditions that amounted to ill-treatment and in some cases torture. There was also an increasing number children in detention.” (Para 30)

“JS1 stated that the use of illegal drugs had not been recognised as a public health issue, and there were no programmes for drug users.” (Para 75)

The outcome of the review was published on 28 December 2022 in the Report of the Working Group. The following relevant recommendations were made to the Philippines:

Reaffirm its commitment to the abolition of the death penalty, renouncing efforts to reintroduce it, including for drug-related offences, in the interests of fulfilling the State’s obligations as a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. Recommending State: Uruguay (143.52); Armenia (145.33); Lithuania (145.36); Spain (145.50)

Prevent the reintroduction of the death penalty. Recommending State: Costa Rica (145.34); Luxembourg (145.37); Marshall Islands (145:38) Timor-Leste (145.42); Switzerland (145.41)

Continue efforts aimed at improving access to justice for vulnerable people, such as persons with disabilities. Recommending State: Morocco (145.55)

Abolish the death penalty. Recommending State: Sierra Leone (145.39); Timor-Leste (145.42)

Take steps to implement a comprehensive victim-centred and human rights-based approach to the drugs problem. Recommending State: Ukraine (145.20); Latvia (145.22); Oman (145.23); Republic of Korea (145.26); Romania (145.27); Estonia (145.29); Chile (145.44); Czechia (145.45); Canada (145.62); Iceland (146.51); Mexico (146.52); Argentina (146.53); United Kingdom of Great Britain and Northern Ireland (145.43); Estonia (145.56); Lithuania (145.68); Norway (145.70)

Continue national efforts against illegal drug trafficking with a focus on prevention, education, rehabilitation and support for victims. Recommending State: Cuba (145.21); Pakistan (145.24)

These Member State recommendations are consistent with the categories of recommendations identified in the UPR Project at BCU’s Stakeholder Report for Philippines’s UPR.

About the UPR Project at BCU

The Centre for Human Rights (CHR) has been engaging with the Universal Periodic Review (UPR) since 2016. Under the auspice of the Human Rights Council, the UPR is an intergovernmental process providing a review of the human rights record of all Member States.

Through the UPR Project at BCU, the CHR we engage with the UPR through taking part in the UPR Pre-sessions, providing capacity building for UPR stakeholders and National Human Rights Institutions, and the filing of stakeholder reports in selected sessions. The UPR Project is designed to help meet the challenges facing the safeguarding of human rights around the world, and to help ensure that UPR recommendations are translated into domestic legal change in member state parliaments.

We fully support the UPR ethos of encouraging the sharing of best practice globally to protect everyone's human rights. The UPR Project at BCU engages with the UPR regularly as a stakeholder, having submitted numerous reports and been cited by the OHCHR.