Philippine Working Group Takes a Look at the Country’s 2007 Human Rights Record

 

Annual forum on human rights.

About 200 participants from various sectors attended the annual human rights forum organized by the Philippine Working Group for an ASEAN Human Rights Mechanism (PWG). Held in Quezon City on December 12, 2007, the Kapihan on Addressing the Human Rights Situation in the Philippines Today featured reports from civil society groups and the Commission on Human Rights of the Philippines (CHR). By way of responding to civil society concerns, representatives from the executive, legislative, and judicial branches of government presented their human rights programs.

Former Senator Wigberto E. Tañada, who is also PWG’s chairperson, set the tone for the Kapihan in his welcome remarks. “Now on its fifth year, the Kapihan is especially important in these unsettling times. Many extrajudicial killings and enforced disappearances have occurred. Most of perpetrators remain scot-free,” Tañada said. He noted that the country’s human rights record in 2007 was at its most controversial and this warranted a review from all angles.

One of the most notable reviews on the Philippine scenario is the report of Philip Alston, U.N special rapporteur on extrajudicial, summary or arbitrary executions, who was in the country in early 2007 to investigate the spate of extrajudicial killings. The report, which matches the findings of local civil society groups working on human rights, was elaborated on by Chairperson Max de Mesa of the Philippine Alliance of Human Rights Advocates. De Mesa summed up civil society’s take on the human rights situation in 2007 as “dismal”. He said, “We have a coercive environment and a culture of impunity. This somehow makes this administration its own obstacle in fulfilling its state obligation to protect and promote human rights.” To improve this kind of scenario, civil society had come up with some key recommendations: human rights education programs in militarized areas; nationwide coordination for human rights; and for action centers in barangays- the smallest unit of government in the Philippines- to monitor the advancement or violation of human rights on that level.

The task of monitoring human rights violations falls largely on CHR. Commissioner Dominador N. Calamba II reported that the CHR had recorded some 383 killings in the past year, 145 which were extrajudicial. To address this and other problem areas identified by the Alston report, Calamba said that the CHR had been given 25 million pesos by the Office of the President. The government also opened itself to monitoring by the CHR, which is a constitutionally independent body. On this note, Calamba says that there are currently 13 reports on international treaties that the government must submit. He further lamented on the the lack of a law on torture. CHR is currently pushing for Congress to translate the Convention Against Torture into a domestic law, as there is no existing statute which penalizes it.

Senior Superintendant Sarmiento presents PNP initiatives for human rights.

Based on the CHR Report, the Philippine National Police (PNP) had the most number of alleged human rights violations. Senior Superintendent Lina Sarmiento, who heads PNP’s Human Rights Affairs Office (HRAO), said that the PNP had been addressing these allegations. “We are determined to have human rights at the core of ensuring human security and the guiding principle in serving and protecting the community,” expressed Sarmiento. To achieve this, the HRAO has been implementing programs such as: mandatory human rights training courses for police officers; the creation of women and children’s complaint desks in all PNP offices nationwide; an advocacy campaign for the Comprehensive Agreement and Respect for Human Rights and International Humanitarian Law (CARHRIHL) to help advance the peace process; and continuing efforts for Task Force Usig, which is mandated to investigate the incidents of slain party list / militant members and media personalities. Sarmiento added that HRAO has also contributed to legislative reforms and policies on human rights.

At the forefront of shaping policies for human rights is the House Committee on Human Rights. Atty. Ricardo Sunga III, who attended on behalf of the Committee chair, shared information on proposed bills in 2007 that were related to human rights. Among these were for: the establishment of human rights resource centers throughout the country; the strengthening of the CHR; the reasonable compensation and rehabilitation for loss of lives, injuries, damage to property for non-combatants; and for suspects not to be publicly displayed before they are tried in court.

Atty. Midas Marquez, speaking in behalf of Chief Justice Reynato Puno, agreed that the courts have an important role to play in upholding human rights. 2007 saw the adoption of the Rules on the Writ of Amparo, which is a legal remedy that can be used to protect the right to life, liberty and security of every person. “The Chief Justice calls the Writ of Amparo the judiciary's humble offering to the altar of human rights in the country,” Marquez said. Currently, there are eight petitions for the Writ of Amparo, among them submitted by the families of abducted university students. The Writ of Amparo has been issued in all eight cases. Marquez revealed that the Supreme Court is working on establishing the rule of the Writ of Habeas Data by 2008. This Writ entitles families to know the truth surrounding fate of relatives who disappeared.

“The violation of human rights continue- this is nothing new to us. But through this Kapihan we have also learned that there are new initiatives that are being undertaken by all sectors to improve the situation,” said Secretary-General Carlos Medina Jr. of the region wide Working Group for an ASEAN Human Rights Mechanism, “In particular, we are looking forward to the new rules on the Writ of Habeas Data, which can go into effect as early as February 2008, and the re-examination of existing mechanisms for human rights in the PNP. We have reasons for hoping for a better human rights situation in the new year”.