PREVENTIVE MECHANISMS IN THE FIELD OF HUMAN RIGHTS

The promotion of human rights cannot be entirely reactive. Monitoring, investigative,

administrative and judicial mechanisms to combat human rights violations and to put to an
end the practice of impunity must be coupled with and supported by proactive and
preventive arrangements and processes designed to develop a healthy awareness of and
respect for the indivisibility and interdependence of human rights.

In the United Nations today, the Office of the UN High Commissioner for Human
Rights plays this role of providing proactive and preventive response to human rights
violations. In various parts of the globe, this role is performed by national human rights
institutions or commissions and by non-governmental and private sector actors.

The Office of the UN High Commissioner for Human Rights

The Office of the UN High Commissioner for Human Rights is a United Nations
agency that works to promote and prevent the human rights that are guaranteed under
international law and stipulated in the Universal Declaration of Human Rights. This office
was established by the UN General Assembly on December 20, 1993 after the 1993 World
Conference on Human Rights.

Under General Assembly Resolution 48/141, which established the mandate of the
Office of the UN High Commissioner for Human Rights, the High Commissioner has the
following proactive and preventive responsibilities for:

a.) Promoting and protecting the effective enjoyment by all of all civil, cultural,
economic, political and social rights;
b.) Carrying out the tasks assigned to him/her by the competent bodies of the UN
system in the field of human rights and submitting recommendations to them, with a
view to improving the promotion and protection of all human rights;
c.) Promoting and protecting the realization of the right to development;
d.) Providing, through the appropriate mechanisms and institutions, advisory services
and technical and financial assistance, at the request of the State concerned.
e.) Coordinating relevant UN education and public information programmes in the field
of human rights;
f.) Playing an active role in removing current obstacles and in meeting the challenges to
the full realization of all human rights and in preventing the continuation of human
rights violations throughout the world;
 g.) Engaging in a dialogue with governments in the implementation of his/her mandate,
with a view to securing respect for all human rights;
h.) Enhancing international cooperation for the promotion and protection of human
rights;
i.) Coordination of the human rights promotion and protection activities throughout the
United Nations system;
j.) Naturalization, adaptation, strengthening and streamlining of the UN machinery in
the field of human rights to improve its efficiency and effectiveness;
k.) Overall supervision of the Office of the High Commissioner.

National Human Rights Institutions

A national human rights institution is an organization that has been established by

national governments with the specific role of protecting and promoting human rights
(Pegram, 2013).

The Principles relating to the status and functioning of national institutions, known as
the “Paris Principles,” were adopted by the United Nations General Assembly in 1993 and
provide international minimum standards for an effective national human rights institution.
These standards are:

a. independence
b. broad human rights mandate
c. adequate funding
d. an inclusive and transparent selection and appointment process (Paris Principles: 20
years, guiding the work of National Human Rights Institutions,
http://www.ochr.org/EN/newsevents/pages/ParisPrinciples20years [Accessed on
October 17, 2013 – Ed.]).

In terms of activities, the Principles call for national, institutions to promote and
ensure the harmonization of national legislation, regulation, and practices with international
human rights instruments to which a State is a party and their effective implementation, the
ratification of international human rights instruments and the formulation of human rights
education programme and take part in their execution.

It is in the area of human right education that national human rights institutions like
the Commission on Human Rights of the Philippines, an independent constitutional office
under The 1987 Constitution, can play its proactive and preventive role in promoting respect
for human rights. Under The Protection of Human Rights Act 1993, the National Human
Rights Commission of India is tasked, among others, to conduct research and to promote
awareness and education and to encourage the involvement of non-governmental
organizations and other institutions. Not different is the Uganda Human Rights Commission
Act 4 of 1997l It empowers the Uganda Human Rights Commission to establish a continuing
programme of research, education, and information to enhance report for human rights and
to formulate, implement, and oversee programs intended to inculcate in the citizens an
awareness of their civic responsibilities and an appreciation of their rights and obligations as
free people (National Human Rights Commission of India,
http://www.en.wikipedia.org/wiki/National_Human_Rights_Commission_of_India [Accessed
on October 4, 2013- Ed.]; Uganda, http://www.nhri.net/ni/files).

Non-Governmental Organizations (NGOs)

Non-Governmental Organizations (NGOs), especially human rights organizations,

have a long and glorious history of upholding human rights all over the world. Chief Justice
Artemio V. Panganiban (ret.) classifies NGOs as belonging to civil society that has been in
the forefront of the fight for liberty and considered a pillar of democracy, the conscience of
government and the overseer of governmental actions (Panganiban, 2011, p.136). In the
1987 Constitution, NGOs are people’s organizations which are bona fide associations of
citizens with demonstrated capacity to promote the public interest and with identifiable
leadership, membership, and structure.

In their book “International Human Rights In Context (Law, Politics, Morale),” Henry
Steiner and Philip Alston acknowledge that NGOs pervade and are a vital part of the human
rights regime. They bring out the facts, contribute to standard-setting as well as to the
promotion, implementation, and enforcement of human rights norms, spread the message
of human rights and mobilize people to realize that message and proceed with a speed,
decisiveness, and range of concerns impossible to imagine in relation to most of the work of
bureaucratic and politically constrained intergovernmental organizations (Steiner and
Alston, 2000, p.938).

NGOs important proactive and preventive role in promoting healthy respect for
human rights is in the field of human rights education. This human rights education, writes
Rachel Brett, is “developing a human rights culture by making people aware of their rights,
of their responsibility not to violate the rights of others, and of the possibilities of redress
including supporting individuals in bringing cases, whether with the national system, or
under regional or international procedures” (Brett, 1997, p. 399).

Readings:

 Carino v. CHR, 204 SCRA 483 (1991)

 EPZA v. CHR, 208 SCRA 125 (1992)
 Civil Liberties Union of the Philippines v. Executive Secretary, 194 SCRA 317 (1991)
 National Association for the Advancement of Colored People (NAACP) v. Alabam, 357
U.S. 449
 Kilosbayan Foundation and Bantay Katarungan Foundation v. Janolo, et al. G.R. No.
180543, August 18, 2010
 Social Justice Society v. Drilon, et al., G.R. No. 208493, November 19, 2013
 South Africa’s Truth and Reconciliation Commission (1996)
 Colombia Final Peace Agreement (2016) on “Comprehensive System of Truth,
Justice, Reparation and Non-Repetition”

THE JUDICIARY, THE ACADEME, AND THE FAMILY ON BUILDING A HUMAN RIGHTS
CULTURE

Human Rights Culture

Human Rights Culture is a shared communitarian belief in the inherent dignity and of
the equal and inalienable rights of all members of the human family. It is also a shared
consensus that the dignity and worth of every human person can be upheld and honored if
the State and non-State actors undertake efforts and initiatives to uphold and honor human
rights.

Jose Ayala Lasso, the first United Nations High Commissioner for Human Rights,
expressed a compelling argument for the development of a human rights culture when he
said:
 “I am convinced that the development of a culture of human rights
throughout the world is one of the most important contributions that can be
made to future generations. The foundation for this culture is enshrined in the
principles of the Universal Declaration. A culture of human rights would result
in a profound change in how individuals, communities, states and the
international community view relationships in all matters. Such a culture would
make human rights as much a part of the lives of individuals as are language,
customs, the arts, faith and ties to place. In this culture, human rights would
not be seen as a job ‘of someone else,’ but the obligation and duty of all”
(Dignity for All: Building a Culture of Human Rights,
http://www.sgiquarterly.org/feature2008Oct-10.html [Accessed on October 5,
2013 – Ed.]

The Judiciary

The Judiciary in the Philippines is a key player in the development of a human rights
culture. Through its duty to settle actual controversies that involve rights which are legally
demandable and its duty to determine whether a grave abuse of discretion has been
committed by any branch or instrumentality of the Government (read: judicial power), the
Judiciary can be a potent agent to overcome marginalization, impoverishment,
discrimination and inequality. Through its power to promulgate rules concerning the
protection and enforcement of human rights, it can eliminate injustice of various stripes
(economic injustice, political injustice, and social injustice) and advance the horizontal and
vertical frontiers of human rights. Through its symbolic or teaching function, it can educate
and enlighten the members of the bar, litigants, the law students and the public about the
majesty and efficiency of human rights.

Recognizing the important role of the Judiciary in promoting safeguarding and

advancing human rights, the International Commission on Jurists, in a conference on
Development, Human Rights and the Rule of Law (1981), declared that:

“The rule of Law is a dynamic concept for the expansion and fulfilment of
which jurists are primarily responsible and which should be employed not
only to safeguard and advance the civil and political rights of the individual in
a free society, but also to establish social, economic, educational and cultural
 conditions under which his legitimate aspiration and dignity may be realized”
(Sarmiento, 2011, p. 90).

In a workshop held at Kenya in 1985, justices, judges, lawyers, legal scholars and
social scientists discussed the theme “The Role of the Judiciary in Plural Societies” and
consensually agreed that judicial activism can be “an important strategy to overcome all
forms of oppression, exploitation, impoverishment, unjustifiable in any model of social
development in Africa and Asia.” The participants added by proclaiming that “Judicial
activism, encouraged by social action litigation, inspired by constitutional values, may be
regarded as a vital human technology for social change in impoverished society” (p.91).

The Supreme Court of the Philippines through its many trailblazing decisions on
human rights (e.g., Stonehill v. Diokno, 20 SCRA 383; Oposa v. Factoran, 224 SCRA 792;
The Secretary of National Defense v. Manalo, G.R. No. 180906, October 7, 2008; MMDA v.
Concerned Residents of Manila Bay, G.R. Nos. 171947-48, December 8, 2008) and through
its three rules it promulgated, namely, A.M. No. 07-9-12-SC (The Rule on the Writ of
Amparo), A. M. No. 08-1-16-SC (The Rule on the Writ of Habeas Data) and A.M. No. 09-6-
8-SC (The Rules of Procedure for Environmental Cases) are immensely contributing to the
building of the edifice of human rights culture in the Philippines and in the world.

The valedictory address of Chief Justice Roberto Concepcion, though done in 1973,
speaks volumes about the role of the Judiciary in building a human rights culture. He said:

“Upon the other hand, the Supreme Court now exercise the power of
administrative supervision over all courts and the personnel thereof…As a
consequence, the Supreme Court is now called upon to blaze new trails, and
the Philippine Bench, as well as the Bar and the people in general, are looking
forward to administrative decisions and precedent setting decisions tending to
bolster up the independence of justice and otherwise foster the people’s faith
in our courts of justice as instrumentalities of their welfare” (Sarmiento, pp.93-
94).

The Academe

The Academe is another key player in the building of a human rights culture in the
Philippines. The 1987 Constitution of the Philippines recognizes this important role of the
Academe when, in its Article XIV (Education, Science and Technology, Arts, Culture and
Sports), it provides:
 “Section 3.

1. All educational institutions shall include the study of the Constitution as

part of the curricula.
2. They shall inculcate patriotism and nationalism, foster love of humanity,
respect for human rights, appreciation of the role of national heroes in the
historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral
character and personal discipline…”

Today, the 1987 Constitution, often referred to as human rights constitution, is

taught in colleges and universities. Effective schoolyear 2013-2014, human rights law will
be taught in all law schools. Bolstering the study of human rights in the schools are the
establishment of centers and institutes of human rights and social justice and the
foundation of student human rights organizations in many colleges and universities, here
and abroad. Some schools abroad have summer human rights externships programs where
law students are given the opportunity to spend the summer working with human rights
organizations, human rights attorneys or UN bodies. The program provides invaluable
practical human rights insights and hands-on-training for the students and assistance to
host offices and organizations.

Schools, centers, and institutes can be a rich resource of human rights creativity.
They can undertake human rights field trips (visit to prisons, correctional centers, urban
poor communities, ethnic villages); human rights boot camps (visit to museums and
pantheons combined with lectures); human rights exchange programs for students,
domestically and internationally; human rights cultural shows and art exhibition
(showcasing songs and dances of ethnic groups, art works of indigenous artists); human
rights dialogue between government, UN officials and students, human rights debate/moot
court competition, etc.

This upsurge of interest on human rights education, research, and externships is a

healthy sign for the development of a human rights culture and should be sustained by
vigorous support from school administrators, teachers, students, and governments.

The Family
 Last but not the least contributor in the building of a human rights culture is the
family. The 1987 Constitution of the Philippines acknowledges the importance of the family
by the inclusion of Article XV entitled “The Family.” Section 1 is about the State’s
recognition of the Filipino family as the foundation of the nation. Section 2 is about marriage
as an inviolable social institution and the foundation of the family. Section 3 is about the
State’s obligation to honor and defend right that pertain to spouses, children, family or
family associations and the elderly.

The aphorism “values are caught not taught” carry a lot of insight and poses a moral
challenge to spouses vis-à-vis their children. In school, children learn by instruction. At
home, they learn by transmission. Proverbs 22:6 gives this reminder: “Train up a child in
the way he should go and when he is old, he will not depart from it.”

First and hands-on lessons related to right to education, right to food, right to
culture, right to health and nutrition, right to water, freedom of expression, equality, due
process, justice, right to worship, good governance, accountability, integrity and love, can
be caught at home. As parents are, so children will they be.

George Benson teaches: “Great ideas and fine principles do not live from generation
to generation just because they are good, nor because they have been carefully legislated.
Ideals and principles continue from generation to generation only when they are built into
the hearts of children as they grow up” (Dosick, 1995, p. 191).

Readings:

 UN Basic Principles on the Independence of the Judiciary (1985)

 Un Secretary – General’s Report on the Role of Law and Transitional Justice in
Conflict and Post-Conflict Societies (August 23, 2004)
 UNESCO’s Declaration and Integrated Framework of Action on Education for Peace,
Human Rights and Democracy (1999)
 United Nation’s Declaration on Human Rights Education and Training (2011)
 The Family, Article XV, The 1987 Constitution
 Imbong v. Ochoa, G.R. No. 204819, April 8, 2014
 Peo-Llamanzares v. COMELEC, G.R. No. 221697 and G.R. No. 221698-700, March
28, 2016
 THE ROAD AHEAD

The road ahead for human rights will not be easy. Problems and difficulties will be
there and they can come from sources like abuses of authoritarian leaders, inequalities of
political and economic powers, practices of multinational corporations and policies of global
financial institutions. These, despite advances in the field of human rights and the moral
power and influence of human rights.

In short, the battle for human rights and for human dignity is not yet fully won. A big
boost to winning the battle for human rights will be the active promotion of human rights
education towards developing a human rights culture and a human rights way of life. This is
in addition to the giant strides in “standard setting” (both international and domestic laws)
and “institutional building” (human rights national commission, mechanism, and
International Criminal Court).

Human rights culture and human rights way of life mean a robust awareness of
human rights and human responsibilities and actively living these rights and responsibilities
in everyday life.

More than ever, the integration of the study of human rights law in law schools of
the Philippines is a wise step in the right national and international direction.