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Philippines a Road in Search of a Map: the Philippines’ Human Rights Compliance 2

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Philippines a Road in Search of a Map: the Philippines’ Human Rights Compliance 2 1 Submissions to the 2nd Cycle Universal Periodic Review – Philippines A Road in Search of a Map: The Philippines’ Human Rights Compliance 2 A Road in Search of a Map: The Philippines’ Human Rights Compliance A Compilaon of the Commission on Human Rights of the Philippines (CHRP) and Civil Society Reports for the 2nd Cycle Universal Periodic Review (UPR) Process for the Philippines, 2008‐2011 Submied to the UN Office of the High Commissioner for Human Rights (OHCHR) on November 28, 2011 for consideraon to the Philippine review during the 13th session of the Universal Periodic Review of the Human Rights Council conducted May ‐ June 2012 This publicaon was produced through the collaborave efforts of the Commission on Human Rights of the Philippines (CHRP), Philippine Alliance of Human Rights Advocates (PAHRA) and Philippine Human Rights Informaon Center (PhilRights) with the support of United Naons Development Program (UNDP) and Terre des Hommes (France). 3 Submissions to the 2nd Cycle Universal Periodic Review – Philippines Message he Commission on Human Rights is pleased to share with you this compilaon of submissions for the Second Cycle of the Universal Periodic Review of the TPhilippines. The Commission views the UPR as an important mechanism to ensure that govern‐ ment is made accountable for its human rights record. It has democrazed access to the United Naon’s accountability process by enabling civil society organizaons and Naonal Human Rights Instuons to directly engage in the process. Its recom‐ mendaons serve as an accessible yardsck for measuring state performance of its obligaons every four‐and‐a‐half years. While it is a peer review, the parcipaon of NHRIs and civil society organizaons is an opportunity that nurtures the grounding of the review at the country level. As in all treaty reporng processes, independent reports given by relevant stakeholders – CSOs and NHRIs – are not only encouraged but are given due consideraon. For it is through the independent reports that the Human Rights Council is provided with a broader picture of what is really happening on the ground. This is where the result of collaboraon in this publicaon plays a vital role: to al‐ low all stakeholders – duty–bearers, rights–holders, and the members of the Human Rights Council – to put forward recommendaons for government to put its human rights performance on track. Thus, the UPR is a mechanism that contributes to building a culture of human rights in the country. As we acvely engage in this mechanism we commit our acve co‐ operaon and parcipaon alongside the involvement of the cizens through non‐ governmental organizaons and civil society groups. Let us work together with one heart and one mission – for the country and for human rights. LORETTA ANN P. ROSALES Chairperson A Road in Search of a Map: The Philippines’ Human Rights Compliance 4 Message paradigm shi has been announced by President Benigno Aquino III and vowed to be implemented during his administraon – from the past culture A of impunity to a governance wherein the primacy of human rights and rule of law prevail. The United Naons Universal Periodic Review (UPR) gives all stakeholders in the coun‐ try – the duty bearers and the claimholders – as well as the internaonal community a unique opportunity to assess both the progress and the implementaon gaps of the President’s pronouncement. Ulmately, the parcipants of the UPR session will also collecvely encourage the best pracces as well as offer recommendaons to stay on the symbolic “straight and narrow road” of compliance of State obligaons, parcu‐ larly of the recommendaons given at the end of the 2nd Periodic Review session. The reports contained in this publicaon reveal a broadening convergent effort among civil society individuals, groups, instuons and organizaons specially con‐ cerned with human rights to give a larger picture and a deeper source of informa‐ on. Also, the collaborave efforts inslled with mutual respect between the Com‐ mission on Human Rights and non‐government human rights formaons for each other’s mandate and independence are encouraging. Such relaonship should be maintained and enhanced. The interrelatedness of civil, cultural, economic, social and polical rights are shown in the annexes and incident reports which reinforce the truth of the indivisibility of these rights. The submission also offers supplementary if not alternave assessments of the human rights situaon both on the local and naonal levels. In this man‐ ner, one is hopefully helped to discern the relaonship between pronouncements, laws, policies, ordinances and their actual impact on the people in the progressive enjoyment of their rights. In fact, there is a disconcerng observaon on the cases submied on the loose implementaon of superior and/or command responsibility that, if le unchecked, could raise an alarming pa7ern of “superior and/or command conspiracy”. Eventually, one is faced with the possible conclusion of the assessment – the paradigm shi is, at best, unsteady and uneven; at worst, it is stuck. 5 Submissions to the 2nd Cycle Universal Periodic Review – Philippines The amount of data, while more than the first joint NGO report, is neither compre‐ hensive nor exhausve. But, it argues the urgent need to sll capacitate and widen the civil society–people’s monitoring mechanisms. Concomitantly, it is necessary to train these people to professionally and diligently document and monitor compliance and violaons even at the level of the basic polical units of local government. Only then can effecve intervenons be made to prevent and to break through impunity. It is hoped that the readers of these reports vicariously experience the repression and suppression of people’s rights. May the narraves of people’s struggles enthuse those who read these pages to unite with the people to assert their dignity and ob‐ tain jusce. MAX M. DE MESA Chairperson Philippine Alliance of Human Rights Advocates (PAHRA) A Road in Search of a Map: The Philippines’ Human Rights Compliance 6 Introducon his publicaon is a compilaon of the independent submissions of the Commis‐ sion on Human Rights of the Philippines (CHRP) and civil society organizaons T(CSOs) to the United Naons Human Rights Council (UNHRC) for the 2nd Cycle of the Universal Periodic Review (UPR) where the human rights situaon of the Philip‐ pines will be assessed in May ‐ June 2012. This is one of the major outputs of the partnership between CHRP and the Philippine Alliance of Human Rights Advocates (PAHRA) and its network organizaons towards popularizing the UPR process and lobbying the government to comply with its report‐ ing requirement and more importantly, implement the recommendaons that would come out of the said procedure. Established in 2006 by the UN General Assembly, UPR is a repor*ng process under which the human rights performance of the UN’s 192 member States is regularly evaluated ev‐ ery four and a half years. Countries will be assessed based on the commitments and obliga*ons stated in the human rights instruments they ra*fied such as the UN Charter, Universal Declara*on of Human Rights and other human rights trea*es. The UPR’s goal is to help improve the human rights situaon in UN member states by providing a venue wherein governments, with minimal parcipaon of other stake‐ holders, could discuss issues in each country and suggest appropriate soluons and remedies. The process also facilitates sharing of best pracces and encourages coop‐ eraon among States in promong, protecng, and fulfilling human rights. The Philippines was among the first batch of countries reviewed in 2008 yielding 17 recommendaons. Of these recommendaons, as raised by fellow member States of the Human Rights Council, 11 enjoy the support of the Philippine Government (with 4a, 6a and 6b represenng sub‐recommendaons which have been accepted by government); 5 recommendaons are referred for further study (with 4a) and 4 recommendaons unsupported by government. The UPR Recommendaons can be grouped into themac and procedural topics. Themac/Sectoral Concerns include gender responsive approach to violence against 7 Submissions to the 2nd Cycle Universal Periodic Review – Philippines women and children and rights protecon parcularly in rehabilitaon and care of those in vulnerable situaons and conflict areas, a7enon to the following vulnerable groups: Indigenous Peoples, Vicms of Trafficking, Migrant Worker and Migrant Fam‐ ilies, Poor (persons living in poverty), Human Rights Defenders, Witnesses (strength‐ ening protecon) and addressing extrajudicial killings, enforced disappearance, and torture. On the other hand, Procedural Topics include engaging with special proce‐ dures mechanism, raficaon of treaes (Oponal Protocol to the Convenon Against Torture and the Convenon on Enforced Disappearance), regular reporng to treaty bodies, recalling previous treaty body recommendaons, emphasizing parcipaon of civil society in the follow up to UPR, the adopon of a human rights based naonal plan of acon, addressing legislaon gaps, human rights promoon efforts such as awareness raising, educaon and training as well as best pracce exchange on the jusciability of economic, social and cultural rights. The contents of this book are the observaons and corresponding recommendaons of the CHRP and the CSOs on how the Philippine government responded and acted on these 2008 UNHRC recommendaons and more importantly, how these iniaves affected the status of human rights in the country. It must be underscored that recommendaons arising from the UPR process are pri‐ ories, implementaon of which are deemed pivotal in creang posive impact on related rights. Addressing the broader Philippine human rights situaon should be complemented by government in its responses to the recommendaons of other mechanisms such as in the special procedures and treaty bodies. In response to the reality that with regards to these internaonal human rights mech‐ anisms there remains a low level of awareness by the general public and even duty bearers in government, there is an urgent need to inform and educate the broadest number of people especially those in public service on the significance of human rights procedures like the UPR.
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