Legal situation of ESC in the Philippines
ESC rights are articulated in Art.13 of the 1987 Philippines Constitution:
a. labor rights, employment, association
b. agrarian reform, right to land
c. urban land reform, housing rights
d. right to health
e. women workers’ rights
But there is a separate provision in the 1987 Constitution titled “Bill of Rights” (Art.3) which mainly consist of civil and political rights. These are self-executory rights. Unlike ESC rights spelled out in Art.13 that need enabling laws to be implemented in the country.
On a positive note, most of the ESC rights stated in the Constitution have implementing laws or policies but some were enacted years later. However, most of the enabling laws passed have too many loopholes and were watered down. Worse, these laws were not properly and adequately implemented and violators often go unpunished.
Currently, Phil NGOs are pushing for the following ESC rights legislations:
a. Right to food / food security act
b. cheaper medicines bill
c. patients rights / medical malpractice
d. amendment of housing act
e. legislated minimum wage hike
f. reproductive rights
NGO approach in lobbying
Research is very important as an empirical basis / justification of the proposed law. It is also needed to counter the arguments of the opposition. Normally, the research should answer the following questions:
- a.) what is the situation?
- b.) what is the legal justification?
- c.) what is the international norm?
- d.) What are the advantages of having such a law? Etc ..
Networking
Formation of the broadest possible front / alliance across sectors of society.
Politicians should see and feel that the proposal is backed by a vast number of population and influential sectors of society.
Very useful also for generating resources for the legislative initiative.
Tactical unity of sectors and political groups should also be achieved or at least projected.
Consolidated bill
As much as possible, NGOs pushing for a law should have only one version of the proposed bill. The NGO coalition should also agree on the minimum and maximum demands and negotiating points once dialogues with legislators begin.
Networking
Win over allies and friends among the staff of legislators and committees of Congress.
Champions
NGOs should identify primary sponsors or supporters among the legislators.
Nurture the relationship with them by constantly communicating with them and providing them with updates and information on the issue (briefings).
Invite them to high profile events and if possible make them co-convenors.
Principles-based partnership.
Recognize their efforts.
Media
Powerful tool for influencing authorities and mobilizing support from the people.
NGOs should apply innovative / creative tactics to get media coverage for their advocacies.
But press releases and statements should also be backed up by empirical evidence and solid research.
Win over allies from media but respecting professional ethics.
Political pressure
Again, politicians should feel that many people are behind the proposal, especially their constituents.
Lobbying activities may include but not limited to:
- a.) trooping to Congress,
- b.) letter or card-sending to legislators,
- c.) people’s forums or exhibits inside the parliament,
- d.) signature campaigns, manifestoes, and on-line petitions,
- e.) picketing or mobilization
