Human Rights Human Rights Situation Situation

in the Philippines: in the Philippines: An An

OverviewOverviewPresented byPresented by

Max M. de MesaMax M. de MesaChairperson, PAHRAChairperson, PAHRA

Convenor, CCHRConvenor, CCHR

Preamble:Preamble:“…recognition of the inherent dignityand of the equal and inalienable rightsof all members of the human familyis the foundation of freedom,justice and peace in the world…”

Universal Universal Declaration of Declaration of Human RightsHuman Rights (UDHR)(UDHR)10 December 194810 December 1948

Max M. de Mesa

Human Rights Situation:Human Rights Situation:

The present administration is The present administration is an obstacle to implementing its an obstacle to implementing its

State obligations to human State obligations to human rights by producing a coercive rights by producing a coercive environment and a culture of environment and a culture of

impunityimpunity Max M. de Mesa

GOVERNANCEGOVERNANCEThe exercise of the economic, political and The exercise of the economic, political and administrative authority to manage a administrative authority to manage a country’s affairs at all levels and the country’s affairs at all levels and the means by which states promote social means by which states promote social cohesion, integration and ensure the well-cohesion, integration and ensure the well-being of their populations.being of their populations.

- UNDP- UNDP

Context of HR SituationContext of HR Situation

Questioned LegitimacyQuestioned Legitimacy Globalization / “mega-Globalization / “mega-

regions”regions” US global war vs terrorism, US global war vs terrorism,

coopts anti- coopts anti-insurgency campaigninsurgency campaign

Absence of a State HR Absence of a State HR AgendaAgenda

Max M. de Mesa

A Coercive Environment A Coercive Environment A Culture of ImpunityA Culture of Impunity

2004 elections results - “Hello, Garci” tapes2004 elections results - “Hello, Garci” tapes 2007 Maguindanao elections - Bedol2007 Maguindanao elections - Bedol Signature campaign for “People’s Initiative”Signature campaign for “People’s Initiative” CPR, EO 464 (Gen. Gudani, Col. Balutan), MC 108, Memo CPR, EO 464 (Gen. Gudani, Col. Balutan), MC 108, Memo

No.1, IALAG (EO 493), PP 1017, G.O.5 & 6No.1, IALAG (EO 493), PP 1017, G.O.5 & 6 Wide-scale corruption: Comelec, Venable, fertilizer scam, Wide-scale corruption: Comelec, Venable, fertilizer scam,

contrast Bondoc Peninsula farmers charged with contrast Bondoc Peninsula farmers charged with qualified theft.qualified theft.

Harassment and intimidation of civilian critics / Harassment and intimidation of civilian critics / opposition of government.opposition of government.

Militarization (military over civilian authority), Militarization (military over civilian authority), development aggression in “mega-regions”,e.g. CL, development aggression in “mega-regions”,e.g. CL, mining areas such as, Rapu-rapumining areas such as, Rapu-rapu

Extrajudicial Executions & Enforced Disappearances Extrajudicial Executions & Enforced Disappearances (leaders of people’s orgs., journalists, pol. (leaders of people’s orgs., journalists, pol. activists, civilians, including detainees in Camp Bagong activists, civilians, including detainees in Camp Bagong Diwa)Diwa)

Max M. de Mesa

UN Special Rapporteur Philip AlstonUN Special Rapporteur Philip Alston Report on Extrajudicial, Summary or Arbitrary Report on Extrajudicial, Summary or Arbitrary

KillingsKillings

The Killing of Leftist ActivistsThe Killing of Leftist Activists Killings by the New People’s ArmyKillings by the New People’s Army Killings related to the Conflicts in Killings related to the Conflicts in

Western MindanaoWestern Mindanao Killings related to Agrarian ReformKillings related to Agrarian Reform Killings of JournalistsKillings of Journalists Davao: Vigilantism or Death SquadDavao: Vigilantism or Death Squad

Illustrations by G. Torres

Philip AlstonU.N. Special Rapporteur on Extrajudicial

Killing “My recommendations will make little difference

unless there is a fundamental change of heart on the part of the military or the emergence of civilian resolve to compel the military to change its ways. Then, and only then, will it be possible to make real progress in ending the killings.”

GMA Regime HRVsGMA Regime HRVsTFDP January 23, 2001 – December 11, 2007

209 families2Violation of the Right to Housing

34,048 individuals + 6,684 families

62Illegal Demolition

10,561 individuals + 19,926 families

26Forced Evacuation

691 individuals + 168 families5Destruction of Property

28 individuals + 1 community2Forced/Faked Surrender

1,958 individuals19Violent Dispersal of Protest

59 individuals26Disappearance

15 individuals8Casualties due to Crossfire

46 individuals10Frustrated Massacre

111 individuals14Massacre

8 individuals6Frustrated Extra-Judicial Execution

131 individuals121Extra-Judicial Execution

5,008 individuals + 3,482 families + 10 barangays

107Harassment

267125Torture

1,463412Arrest and Detention

NO. OF VICTIMSNO. OF CASESCASE

Command ResponsibilityCommand Responsibility

The responsibility of The responsibility of commanders for crimes commanders for crimes committed by committed by subordinate members of subordinate members of the Armed Forces or the Armed Forces or other persons subject to other persons subject to their control in their control in international wars or international wars or domestic conflictsdomestic conflicts

Protocol 1, Geneva Protocol 1, Geneva Convention 1977Convention 1977

Protocol 1, International Protocol 1, International Committee of the Red Cross Committee of the Red Cross commentarycommentary

Article 7 (3) Statute of the Article 7 (3) Statute of the International criminal International criminal Tribunal for the former Tribunal for the former Yugoslavia (ICTY)Yugoslavia (ICTY)

Commander

in Chief

AFP Chief of Staff

SC Writ of Amparo SC Writ of Amparo (excerpts)(excerpts)

1 THE RULE ON THE WRIT OF AMPARO SECTION 1. Petition. – The petition for a writ of amparo is a

remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof.

SEC. 2. Who May File. – The petition may be filed by the aggrieved party or by any qualified person or entity in the following order:

(a) Any member of the immediate family, namely: the spouse, children

and parents of the aggrieved party; (b) Any ascendant, descendant or collateral relative of the

aggrieved party within the fourth civil degree of consanguinity or

affinity, in default of those mentioned in the preceding paragraph; or (c) Any concerned citizen, organization, association or

institution, if there is no known member of the immediate family or relative of

the aggrieved party. The filing of a petition by the aggrieved party suspends the right

of all other authorized parties to file similar petitions. Likewise, the filing of the petition by an authorized party on behalf of the aggrieved party suspends the right of all others, observing the order established herein.

When human rights violations occur, there is a right to remedy for such violations.

Remedies are possible courses of action

• to seek redress and justice for victims of human rights violations.

• maybe done at the domestic and international levels (ratify the Rome Statute or the Internatl.Criminal Court).

ICCPR-Article 2:Right of Redress

Max M. de Mesa

JUSTICIABILITYJUSTICIABILITY

Law against tortureLaw against torture Law against enforced Law against enforced

disappearancedisappearance Laws that progressively realize Laws that progressively realize

economic, social and cultural economic, social and cultural rightsrights

Laws that multiply venues for Laws that multiply venues for redressredress

- ratification of the ICC- ratification of the ICC Max M. de Mesa

Anti-Terrorism Law:Anti-Terrorism Law:RA 3972 “Human Security Act of 2007”RA 3972 “Human Security Act of 2007”

Among others, salient features are:Among others, salient features are: Terrorism definition too vague and Terrorism definition too vague and

impreciseimprecise Extendable days of detention without Extendable days of detention without

judicial authorizationjudicial authorization Far-reaching and open-ended powers with Far-reaching and open-ended powers with

uncertain accountability of Anti-terrorism uncertain accountability of Anti-terrorism CouncilCouncil

Law-enforcement powers to the militaryLaw-enforcement powers to the military Insufficient safeguards and remedies to Insufficient safeguards and remedies to

surveillance abusessurveillance abuses Far-reaching rules on legal immunity to Far-reaching rules on legal immunity to

witnesses in counter-terrorism caseswitnesses in counter-terrorism cases

Right to FoodRight to Food Social Weather Station March

2005 survey indicated that 33% of Filipinos “have inadequate food”, and 13.4% or 2.1M Filipino families experienced hunger which marked the highest ever hunger incidence in 20 years.

SWS Feb. 2007 survey: 3.4 M or 1 in 5 Filipinos had gone hungry at least once in past 3 months.

Mar.25,2007: GMA orders release of Php 1B for “emergency hunger mitigation”.

According to the According to the World Food Program, World Food Program, 17M Filipinos or more 17M Filipinos or more than 1 in 5 than 1 in 5 persons are persons are undernourished.undernourished. Max M. de

Mesa

MalnutritionMalnutrition

An unmistakable indicator of a government’s An unmistakable indicator of a government’s inability inability

to curb inequities in society and to curb inequities in society and to provide the environment necessary for to provide the environment necessary for

the development and use of human the development and use of human capabilities – and realizing thus, capabilities – and realizing thus,

to hold accountable individuals and to hold accountable individuals and institutions truly responsible.institutions truly responsible.

- - Cecilia A. FlorencioCecilia A. Florencio Nutrition in the Philippines: Nutrition in the Philippines: The Past for its Template, Red for its The Past for its Template, Red for its

ColorColor

Mining Environmental Mining Environmental DestructionsDestructions

MARCOPPER, Boac, Marinduque Max M. de Mesa

AREA COVERED FOR MINING

PROJECTS (in Hectares)

173,903.19

Guimaras Oil SpillGuimaras Oil SpillYoung mangrove trees covered with oil Young mangrove trees covered with oil Saturday, Aug. 19, 2006 in Guimaras Saturday, Aug. 19, 2006 in Guimaras island. A tanker carrying 2 million liters island. A tanker carrying 2 million liters (more than 500,000 gallons) of bunker (more than 500,000 gallons) of bunker oil sunk last Aug. 11 and thus so far oil sunk last Aug. 11 and thus so far affecting 26,000 people who depend on affecting 26,000 people who depend on fishing, damaged about 300 kilometers fishing, damaged about 300 kilometers (187 miles) of coastline, 500 hectares (187 miles) of coastline, 500 hectares (1,235 acres) of mangroves and 60 (1,235 acres) of mangroves and 60 hectares (148 acres) of seaweed hectares (148 acres) of seaweed plantation. Budget 2006:Php 2B –oil spill plantation. Budget 2006:Php 2B –oil spill abatement fundabatement fund

Aug. 28: 2 yr.-old Alejandro Castillo died due to bunker fuel fumes which aggravated his asthmatic condition.

Budget 2006:Php 2B - oil spill abatement fund. People’s taxes to pay for Petron’s disaster. Max M. de

Mesa

JPEPAJPEPA1. 1. The JPEPA is a mega-treaty, a first of its kind for the Philippines; covering The JPEPA is a mega-treaty, a first of its kind for the Philippines; covering

not only trade in goods but also services, investments, government not only trade in goods but also services, investments, government procurement, and other matters. Its implications are massive on a procurement, and other matters. Its implications are massive on a political, social, and economic level. political, social, and economic level.

2. 2. Today, the JPEPA is currently being heard at the Senate. Pursuant to the Today, the JPEPA is currently being heard at the Senate. Pursuant to the Constitution, the Senators can only cast a YES or a NO vote for this Constitution, the Senators can only cast a YES or a NO vote for this treaty. The Senate has no power to make amendments or modifications. treaty. The Senate has no power to make amendments or modifications. They can either accept it or reject it, as a whole. They can either accept it or reject it, as a whole.

3. 3. The secrecy, lack of public disclosure and exclusion of stakeholders, in The secrecy, lack of public disclosure and exclusion of stakeholders, in the processes leading to the adoption of JPEPA, violate the people’s right the processes leading to the adoption of JPEPA, violate the people’s right to participate in matters of public interest. Akbayan representatives and to participate in matters of public interest. Akbayan representatives and concerned groups bad to file a Supreme Court concerned groups bad to file a Supreme Court case case in order to even get a in order to even get a copy of the full text and annexes of the JPEPA. copy of the full text and annexes of the JPEPA.

4. 4. For such a comprehensive treaty, the Philippine negotiators bargained For such a comprehensive treaty, the Philippine negotiators bargained away our future and failed to do their homework. The away our future and failed to do their homework. The Joint Coordinating Joint Coordinating Team Report Team Report on the JPEPA states that “the on the JPEPA states that “the Japanese side provided Japanese side provided studies of macro-economic impact of JPEPA.” studies of macro-economic impact of JPEPA.” Why did we not do Why did we not do our own study? our own study?

5. 5. Toxic and hazardous wastes are scheduled for tariff elimination despite Toxic and hazardous wastes are scheduled for tariff elimination despite clear national laws and international commitments. To address the clear national laws and international commitments. To address the massive protests on the matter, a side note, of dubious legal validity, massive protests on the matter, a side note, of dubious legal validity, was subsequently issued to supposedly ‘fix” the problem but the same was subsequently issued to supposedly ‘fix” the problem but the same note covers only toxic wastes. Clinical and municipal wastes remain. To note covers only toxic wastes. Clinical and municipal wastes remain. To even include toxic and hazardous wastes, serious threats to our health, even include toxic and hazardous wastes, serious threats to our health, our environment, and our lives, is a blatant disregard of the rights of the our environment, and our lives, is a blatant disregard of the rights of the Filipino people. Filipino people.

Source: Agreement between the Republic of the Philippines and Japan for Economic Partnership, September 9, 2006

0 %Banned importation

under RA 4653

Used or new rag, scrap twine, ropes, cables

0 %Banned importation

under RA 4653

Second-hand clothes and other second-hand articles

0 %30 %Wastes from metal pickling liquors, hydraulic fluids, brake fluids and anti-freeze fluids

0 %30 %Other chemical or industrial wastes with organic constituents

0 %0 %Waste organic solvents – halogenated, etc.

0 %0 %Other clinical wastes

0 %30 %Clinical wastes – adhesive dressings and other articles with adhesive layer, wadding gauze bandages, surgical gloves

0 %30 %Sewage sludge

0 %30 %Municipal wastes

0 %30 %Chemical and industrial wastes, municipal wastes, sewage sludge, other wastes under Note 6 of this chapter

0 %20 %Pharmaceutical wastes

0 %3 %Ash and residuals from incineration of municipal wastes

0 %3 %Ash and residuals of arsenic, mercury, thallium or combination

TARIFF IMPOSED

WITH JPEPA

TARIFF IMPOSED ON WTO

TRADING PARTNERS

TYPE OF PRODUCT

List of Wastes with 0% Tariff Imposed under JPEPA

Leading to Deprivation of Leading to Deprivation of People’s Means of People’s Means of

Subsistence?Subsistence?

RP-CHINA AGRICULTURAL AGREEMENTRP-CHINA AGRICULTURAL AGREEMENT

19 Agribusiness Contracts covering 19 Agribusiness Contracts covering 1.2 million hectares to grow food, 1.2 million hectares to grow food, fruit, flower, vegetable and biofuel fruit, flower, vegetable and biofuel crops for Chinacrops for China

12 million Filipinos depending on 12 million Filipinos depending on fisheries for livelihood in Luzon and fisheries for livelihood in Luzon and Visayas due to 41 mariculture parks Visayas due to 41 mariculture parks for fish production for export to Chinafor fish production for export to China

GLORIA MACAPAGAL ARROYO borrowed PhP 2.44 Trillion from 2001 to 2005, more than the combined borrowings of Aquino, Ramos and Estrada administrations. It is the Filipinos who will pay for these DEBTS. - Freedom from Debt Coalition

Max M. de Mesa

FOREIGN DEBT FOREIGN DEBT

Illegitimate Debt CasesIllegitimate Debt Cases The ZTE National The ZTE National

Broadband Network Broadband Network (NBN) Project In Debt (NBN) Project In Debt and Disconnectedand Disconnected

$329.5 million$329.5 million Chinese Export Import Chinese Export Import

(EXIM) Bank(EXIM) Bank

Violation of Violation of Government Government Procurement Law, Procurement Law, Crisis of Relevance, Crisis of Relevance, Overpricing, Bribery Overpricing, Bribery and other forms of and other forms of CorruptionCorruption

Telepono sa Barangay Telepono sa Barangay ProjectProject

ZTE’s Forgotten ZTE’s Forgotten Predecessor Predecessor

$ 24.99 million + $ 99 $ 24.99 million + $ 99 million + CHF 44.24 million + CHF 44.24 million (Swiss Franc)million (Swiss Franc)

Owed to Export Owed to Export Development Development Corporation (Canada-Corporation (Canada-based), Credit Comm'l based), Credit Comm'l de Francede France

Unused loans, Lack of Unused loans, Lack of legal mandate, legal mandate, Technological Technological obsolesceobsolesce

Moral BankruptcyMoral Bankruptcywith Distorted with Distorted Human Rights Values Human Rights Values

REFLECTIONSREFLECTIONS

Max M. de Mesa

“…recognition of the inherent dignityand of the equal and inalienable rights

of all members of the human familyis the foundation of freedom,

justice and peace in the world……it is essential,

if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law…”

Universal Declaration Universal Declaration of of Human Rights Human Rights (UDHR)(UDHR)10 December 194810 December 1948

Max M. de Mesa

CSDC*:CSDC*:“Foundation and Purpose “Foundation and Purpose

of Political Community” of Political Community”

388: Considering the human person as 388: Considering the human person as the foundation and purpose of the the foundation and purpose of the political community means in the first political community means in the first place: place:

working to recognize and respect working to recognize and respect human dignity human dignity

through defending and promoting through defending and promoting fundamental and inalienable human fundamental and inalienable human rightsrights Max M. de

Mesa

- Compendium of the Social Doctrine of the Church

Rights-CenteredRights-Centered

DEVELOPMENTDEVELOPMENTFor the Whole Person and For All Peoples:For the Whole Person and For All Peoples:

A NEW NAME A NEW NAME FOR PEACE FOR PEACE

Max M. de Mesa

Illustrations by G. Torres

Challenges to Human Rights Defenders & Peace Advocates

Assert our common humanity, our human dignity, our human rights!

Max M. de Mesa

Conduct massive human Conduct massive human rights and peace education, rights and peace education, and trainings in rights-and trainings in rights-centered approach and of centered approach and of paralegals with paralegals with documentation and documentation and monitoring skills; monitoring skills;

so as to make reports for so as to make reports for purposes of seeking justice purposes of seeking justice (redress, compensation and (redress, compensation and rehabilitation) in the rehabilitation) in the national, regional and national, regional and international levels, international levels,

like the UNHRC (in which the like the UNHRC (in which the Philippines is a member), Philippines is a member), against all perpetrators of against all perpetrators of human rights violationshuman rights violations

Recommendations to Human Rights

Defenders & Peace Advocates

Max M. de Mesa

Conduct, establish and strengthen formations to promote, defend and assert human rights, such as barangay human rights committees, barangay human rights action centers (BHRACs), etc

Solidarity actions to assert and to advance human rightsIllustrations by G.

Torres

Recommendations to Human Rights Defenders & Peace Advocates

Max M. de Mesa

……They came for the CommunistsThey came for the Communistsand I did not speak outand I did not speak outbecause I was not a Communist.because I was not a Communist.

Then they came for the trade Then they came for the trade unionistsunionistsand I did not speak outand I did not speak outbecause I was not a trade unionist…because I was not a trade unionist…

Then they came for meThen they came for meand there was no one leftand there was no one leftto speak out for me.to speak out for me.

- Pastor Martin - Pastor Martin NiemollerNiemoller

Max M. de Mesa

AspirationAspiration

Where the mind is without fear and the head is held Where the mind is without fear and the head is held high;high;

Where knowledge is free;Where knowledge is free;Where the world has not been broken up into Where the world has not been broken up into

fragments by narrow domestic walls;fragments by narrow domestic walls;Where words come out from the depth of truth;Where words come out from the depth of truth;Where tireless striving stretches its arms towards Where tireless striving stretches its arms towards

perfection;perfection;Where the clear stream of reason has not lost its way Where the clear stream of reason has not lost its way

into the dreary desert and of dead habit;into the dreary desert and of dead habit;Where the mind is led forward by you into ever-Where the mind is led forward by you into ever-

widening thought and action –widening thought and action –Into that heaven of freedom, my Father, let my Into that heaven of freedom, my Father, let my

country awake.country awake. - Rabindranath Tagore- Rabindranath Tagore

Maraming Salamat Maraming Salamat PoPo

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