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What Are The Most Important Areas of Progress in Human Rights in The Philippines in The Past Decade?
What Are The Most Important Areas of Progress in Human Rights in The Philippines in The Past Decade?
Despite the efforts of the military and the police in ensuring the
physical integrity and security of people, instances of grave
human rights violations as mentioned above continue. Militants,
IPs, and journalists are the usual targets.
# of Jan-Oct 2014 2013 2012 2011
victims) 2015
EJK 6 5 11 3 5
5 (frustrated) 2 (frustrated)
ED - - 10 4 -
Torture 14 21 59 21 27
Roxas:
According to our laws, the abuse of one’s authority merits heavier
penalties. In such cases, we will ensure that swift, timely, and
thorough investigations will be conducted and that offenders will be
penalized to the fullest extent of the law. We will implement the Anti-
Torture Law without prejudice.
We will also strengthen the judicial system to ensure the fair and
equitable application of the law, while at the same time protecting the
judiciary’s independence. As such, men and women of probity,
competence, impartiality, and integrity will be appointed to the ten
Supreme Court Justice positions that will be vacated under the next
administration.
Santiago:
A strong Freedom of Information Law will help lift the veil of secrecy
in the military, which is implicated in several cases of human rights
violations—torture, enforced disappearances, and extrajudicial
killings. We must ensure that the national security provision, which
limits Freedom of Information, will not prevent the court or human
rights agencies from ordering investigations on the military with
regard to alleged abuses. As president, I will certify as urgent the
passage of the FOI Law. Pending congressional approval, I shall issue
an executive order that will implement the principle of freedom of
information in the bureaucracy.
4. What actions should be taken to protect the rights of
indigenous peoples, the so-called Lumads around the
country, particularly in Mindanao?
Poe:
The Lumad issue is connected to the issue of development aggression,
where businesses and their operations are offered security by the
government through the creation of Special CAFGUs (Citizen Armed
Force Geographical Unit) which protect mining concerns and
enterprises in the name of anti- insurgency against groups like NPA.
As a result, Lumads have been victims of displacement from their
ancestral domains and other human rights crimes because of the
conflict between military and paramilitary groups. From 2001 to
September 2015, there are 35 cases of extrajudicial killings involving
59 IP members in Mindanao, as cited by the Commission on Human
Rights.
Our goal is to attain the full realization of the rights of the Lumads,
particularly their right to development and participate in the
development process. Our steps include the following:
Roxas:
The law should be enforced to establish order and prevent all kinds of
violence committed against anyone. As such, we will continue to
strengthen our systematic crime fighting campaign called Oplan
Lambat-Sibat—a deliberate, programmatic, and sustained effort to
maintain peace and order, composed of both wide dragnet and intel-
targeted operations.
To ensure that all Filipinos are free from fear, we need to implement
all existing laws that protect human rights; strengthen institutions and
organizations that provide care and assistance to the victims of the
offended party; modernize our law enforcement agencies and improve
our prosecution services; continue reforms and innovations in the
justice sector (e.g. Justice Sector Coordinating Council, Justice Zone,
and Hustisyeah); and enhance our correctional and rehabilitation
facilities.
Santiago:
My government will review state sponsorship of militias and
paramilitary groups, especially amid allegations that they are the ones
behind recent violence in indigenous communities. I have filed several
resolutions seeking Senate investigations on the reports of
displacement of the Lumads and the military closure of schools in
indigenous communities in Mindanao. More recently, I also
condemned in the strongest terms the alleged arson of the Lumad
evacuation center in Davao City.
5. What is your view of the Reproductive Health Law? The
recent decision of Congress to delete specific budgetary
allocations for the delivery of family-planning services to
poor families has prevented the law from being
implemented.
Poe:
In 2013, I stated that “the RH law is a good progress in our struggle
to address the high prevalence of maternal deaths in the country. I
believe, however, that the RH law can still be strengthened by
introducing new provisions that would allow Filipino couples to
receive financial assistance in their efforts to conceive a child. The
concept of ‘reproductive health’ should also include couples who are
having difficulties conceiving a child naturally.”
Our steps include the following:
Roxas:
The Reproductive Health Law is one of the landmark reforms of this
administration. We will ensure the full implementation of this law so
that it serves the purpose for which it was enacted, including the
appropriate budgetary support that it requires.
Santiago:
When I am president, I shall work to fully and conscientiously
implement the Reproductive Health Law, which I co-sponsored in the
Senate. It is irreconcilable that Congress, which enacted the RH Law
after much hardship in 2012, would three years later render that same
law inutile. The P1-billion budget cut threatens to deprive some seven
million women of reproductive health services. This abandonment is
immoral in a country where some 200 out of 100,000 women who
give birth die.
6. How do you think the government should deal with
killings of journalists, many of them in apparent
retaliation for reporting on corruption and poor
governance?
Poe:
According to Committee to Protect Journalist (CPJ), 77 journalists
were killed since 1992 in line with their work. This seriously impinged
on their right to freely express their opinion, not to mention violations
of the paramount right to life.
Our steps include the following:
Roxas:
See answer to Question No. 4
Santiago:
With a Freedom of Information Law, journalists will be better armed
with the truth, their biggest defense against threats. Besides enacting
the FOI, however, the government must address impunity with regard
to extrajudicial killings. Individuals whose illicit transactions are
unveiled by the press are emboldened to kill by the knowledge that
they can get away with it. Certainty of arrest, prosecution and
punishment will act as deterrent to extrajudicial killings.
7. How will you address the summary killings by so-called
death squads, some having links to local authorities, in
urban centers across the Philippines?
Poe:
In 2007, the Special Rapporteur for extrajudicial, summary or
arbitrary executions, Philip Alston, visited the country prompted by
the apparent state sponsored killings or unlawful executions of leftist
activists, journalists, suspected criminals. In his 29 April 2009 report,
―[p]erhaps the most troubling development over the past two years
has been the rise in death squad killings in Davao City. Reliable
information indicates that, in 2008, such killings were almost a daily
occurrence in Davao City, jumping from a reported 116 in 2007 to 269
in 2008. The killings have clear patterns – similarly described
perpetrators, victims and methods – and are rarely the subject of
successful police investigations.
Our steps include the following:
Roxas:
See answer to Question No. 7
Santiago:
We need a swift review of all programs and projects of government—
including those in the Department of Justice and the Commission of
Human Rights. This review will cover the Inter-Agency Committee on
Extra-Legal Killings, Enforced Disappearances, Torture, and Other
Grave Violations of the Right to Life, as created by Administrative
Order No. 35. We shall seek to increase the involvement of the
Commission on Human Rights in the committee.
8. Years after the passage in 2009 of the anti-torture law,
not one perpetrator of torture has been convicted even as
reports of torture by state security forces continue to
surface. What actions should be taken to ensure that this
law is enforced?
Poe:
On 29 March 2016, Police Officer 2 Jerick Dee Jimenez was convicted
for torturing Jerryme Corre. This is the first conviction for violation of
RA 9745 or the anti-torture law.
Our steps include the following:
Roxas:
See answer to Question No. 3
Santiago:
Under my administration, a national quick response hotline will be
introduced for enforced disappearances and torture. We must also
implement a strong witness and whistleblower protection program to
facilitate the prosecution of cases, especially against state agents. I will
also seek to insulate the justice system from influence or threat from
other government agencies, particularly the Armed Forces and the
police.
9. How will you address the plight of tens of thousands of
Filipinos who remain displaced as a result of armed
conflict between government and rebel forces, specifically
in Zamboanga City and the provinces of Maguindanao,
Davao del Norte, and Surigao del Sur?
Poe:
As of May 2015, 28,200 people are still displaced due to the
Zamboanga siege in 2013. About 3,100 of all displaced persons are
staying in the evacuation center inside the Grandstand sports
complex, while about 13,800 have moved to 10 transitional sites. In
addition, over 11,300 internally displaced people (IDPs) are hosted by
relatives or friends, or are renting temporary homes with rental
assistance. There are about 1,200 IDPs in Tandag, Surigao del Sur.
Our steps include the following:
Roxas:
We will continue the rehabilitation of these communities and deliver
basic services, particularly quality, affordable, and safe housing, so
displaced families and individuals can truly live their lives free from
hunger, free from fear, and free to dream.
We recognize that many conflict-affected areas need massive
investments in infrastructure to spur development that can lead to
their people’s prosperity. Government services such as education and
healthcare should reach the people, especially in the less-developed
areas.
But in the long term, our goal is to achieve true and lasting peace,
especially in Mindanao through the establishment of a progressive and
inclusive Bangsamoro region.
Santiago:
Congress must pass swiftly the Rights of Internally Displaced Persons
Act. Local government units must also be empowered to provide not
only emergency shelters and assistance but also temporary sources of
livelihood. Ultimately, however, we must resolve the armed rebellion
throughout the country. This will be done through dialogue between
government and rebel groups.
10. What steps should the government take to address the
growing HIV/AIDS epidemic in the Philippines, which
some experts say is the worst in the region, if not the
world?
Poe:
As of November 2015, there were a total of 29,706 HIV cases in the
Philippines. Recognition of HIV/AIDS prevalence in the areas with the
highest rates of cases (NCR, Cebu and Davao etc.) should be done by
local government units and in turn be acted upon through preventive
strategies.
Our steps include the following:
Roxas:
We will expand the coverage of PhilHealth to reduce the out-of-pocket
expenses of those undergoing or seeking treatments for complications
caused by HIV/AIDS and other conditions. This will require increased
investment on government services to prevent, detect, and treat such
cases.
We will also increase the number of health units in communities all
over the country to provide primary, preventive, and curative health
services. This includes providing all Filipinos with accurate
information to protect their health and guide their lifestyles.
Santiago:
I have filed Senate Bill No. 2728, or the Stop AIDS in Prisons Act; S.B.
No. 2827, which will allow minors aged 15 to 17 to consent to testing
under specific circumstances; and S.B. No. 2546, which will involve
the National Youth Commission in the National AIDS Council. I have
also filed several resolutions urging the government to declare a
national emergency on HIV/AIDS. These have unfortunately
languished at the committee level.