Human Rights Forum Table of Contents

HUMAN RIGHTS FORUM TABLE OF CONTENTS

Sound and fury: Human rights and the 2010 4 presidential candidates

D2 TAYO! (Defend Dignity) 7 sa RIGHTs Agenda

A Human Rights and Peace Agenda 8 on Good Governance JM VILLERIO

14 Automated na

CROSSING BARRIERS 18 By Dr. Faith Mesa

21 ALAMIN ANG INYONG MGA KARAPATAN JOY ANNE ICAYAN Putting an end to torture 22 By Ellecer Carlos 25 HR DIGEST 26 HR Trivia 26 FACTS AND FIGURES JAY AZUCENA

Editorial Board • NYMIA PIMENTEL-SIMBULAN DR. P.H. • SONNY MELENCIO • GINA DELA CRUZ • Editor - JM Villero • Editorial Assistants - Jay Z. Azucena • Maria Katherine Bernadette R. Cansino • Samantha V. Villegas Art Director - VANELI • Illustrator - EUGENE BACASMAS

The Human Rights Forum is published quarterly by the Philippine Human Rights Information Center (PhilRights) with office address at 53-B Maliksi St., Barangay Pinyahan, Quezon City • Telefax: 433-1714 • Tel. No.: 426-4048 • BALAY REHABILITATION CENTER, INC. E-mail:[email protected] • Website: www.philrights.org • ISSN 0117-552-1

HUMAN RIGHTS FORUM EDITORYAL Itakda ang kinabukasan ng bayan alapit na ang Mayo 10, isang araw sa kasaysay- Ang pag-exercise at pag-angkin ng karapatang bumoto ay an ng ating bansa kung saan nabubura ang hindi hindi lamang responsibilidad ng bawat botante. Ito ay isang Mpagkakapantay-pantay ng mga Pilipino. Sa araw mahalagang tungkulin dahil nakasalalay sa ating pagboto at na ito, ang mahirap ay nagiging kapantay ng mayaman; ang iboboto ang kinabukasan ng ating bansa at ng susunod na mga ordinaryong mamamayan ay nagiging kasing-impor- henerasyon. Ang isang boto ng bawat Pilipino ay katumbas tante ng mga opisyal ng gobyerno. ng buhay o kamatayan ng ating mga sanggol; karunungan Sa araw ng pambansang eleksyon, saang sulok man ng o kamangmangan ng ating mga estudyante; makataong pa- Pilipinas, ang bawat boto – mayaman man o mahirap, bata mumuhay o laganap na kahirapan ng ating mga magsasaka; o matanda, babae o lalaki, may asawa o wala, nakatapos ng maayos na trabaho o paghihikahos ng mga manggagawa; at kolehiyo o hindi, nasa siyudad o kanayunan, Moro, Katu- mayamang kapaligiran o pagkawasak ng ating mga kabun- tubo o Kristiyano – ay magkakapareho ang halaga at bilang. dukan at dagat. May tig-isang boto tayo at ang bawat isang botong ito, kapag Ang boto ng bawat isa sa atin ang pag-asa ng mahigit 94 binilang at pinagsama-sama, ay magiging mapagpasya sa milyong Pilipino. pagpapanalo ng mga karapatdapat na pinuno ng ating ban- Sa Mayo 10, angkinin ang karapatang bumoto para sa sa sa susunod na 3 hanggang 6 na taong panunungkulan sa mga tunay na maglilingkod sa bayan. iba’t ibang sangay at antas ng gobyerno. Sa Mayo 10, ipagtanggol ang boto!

HUMAN RIGHTS FORUM o gauge how human rights issues figure in the 2010 elections, PhilRights looked into the platforms and sampled some public appearances of the presidential candidates.1 TCampaign Platforms2 the perspective of citi- Of the eight platforms re- zen’s power over State viewed, five parties/candidates institutions. contained provisions which Participation is expressly mentioned human discussed in all but rights: Liberal Party (LP), Na- Bagumbayan’s plat- cionalista Party (NP), Bangon form. Participation is Pilipinas, Lakas-Kampi-CMD defined as decentral- (Lakas)3 and Sen. Jamby Mad- ized and participa- rigal (Independent). Of the five, tory democracy (LP LP’s platform offered the most and Madrigal), elaborate discussion on human rights. Three political parties (Pwersa ng Masang Pilipino or PMP, Bagumbayan, and Ang working with local NGOs and Kapatiran) did not explicitly civil society groups (Ang mention human rights in their Kapatiran and Madri- platforms. gal), building capacity of Provisions for accountabil- LGUs and increasing lo- ity and participation were also cal government autonomy looked into. Not surprisingly, (PMP and Lakas), peoples’ the various parties/candidates participation in the screening view accountability from differ- of the members of the judicia- ent perspectives: Bangon Pilipi- ry (Bangon Pilipinas). nas and Lakas discuss account- For the most part, the plat- ability in relation to transpar- forms examined reveal that ency in government transac- programs related to basic ser- tions; NP and Madrigal believe that the government should be accountable for human rights violations. LP discusses accountability from

HUMAN RIGHTS FORUM vices were not discussed as people turn to violence because should improve on basic health rights but as programs. of the absence of better opportu- care services. Others propound- nities and thus calls for sustained on the concept of choice in Survey Results4 able development. Claiming to justifying their position on the Ang Kapatiran be the son of a victim of extra- bill, such as Villar (NP) and Ang Kapatiran expounded judicial killing, Gordon empha- Gordon (Bagumbayan), who on the relationship between sizes that there must be swift stressed that a huge yet edu- integrity and human rights, de- action against EJKs, and calls cated and skilled population is fining integrity as “the steadfast for better law enforcement. an asset to the country. Aquino adherence to a strict ethical or Lakas (LP) pushed for responsible par- moral code”, and underscoring The party’s human rights enthood, while Teodoro (Lakas) the principle of respect for life platform is based on what it calls called for a “moral obligation” and dignity of the human per- a “Centrist Humanist Agenda” of individuals to be responsible son. which believes that “politics for their families. The party believes that cor- and government should serve Of the three media forums ruption “is the biggest culprit the greater good of the greatest sampled, Inquirer’s Presidential and major cause of the nation’s number of people in society.” Debate touched on more HR poverty and hunger. It violates Lakas advocates the principles issues compared to the other human rights and is a social and of a democratic system and be- two, even as the questions and moral cancer.” To address this lieves in people empowerment answers were not expressly problem, Ang Kapatiran has a as the basic requirement in the framed as human rights per se. six-point program that seeks to advancement of democracy. Lakas standard-bearer Gil- address the structures that pro- Its top human rights issues bert Teodoro was asked wheth- mote corruption. are: a) protection of migrant er he would defend the rights of The party rejects the Repro- workers; b) urban poor resettle- IPs when mining, logging and ductive Health (RH) Bill; is for ment; c) solving extrajudicial other programs threaten their the dismantling of the “culture killings and disappearances communities. Teodoro said that of guns” and seeks the prohibi- and d) the rights of indigenous it is necessary to get the consent tion of political dynasties and peoples, including ancestral do- of IPs to ensure sustainability of pork barrel. It also promises to main. these projects. improve delivery of basic ser- Lakas proposes safeguards Villar (NP), on the issue vices in education, health care and support systems that will of impunity, stressed the im- and housing. protect migrant workers at all portance of strengthening the Bagumbayan stages (from recruitment to human development index in Bagumbayan “assigns the employment) and will assist in places where private armies are highest priority in upholding matters of legal issues, repatria- rampant, through the enhance- the rule of law, uplifting the tion and support. It plans to ad- contributions of men and wom- ment of entrepreneurial skills, level of dignity of our people dress housing insecurity of the en”. health and access to education, and good governance,” and poor through the use of produc- Pangmasa’s top three hu- while also strengthening secu- promises to protect basic hu- tive economic projects. It also man rights issues are: a) abol- rity through enhancement of man rights to life, liberty and stresses opposition to all forms ishing private armies; b) re- the military. property. of violence. It will work with opening investigations into Madrigal (Ind.) sees the Gordon’s top human rights the Commission on Human extra-judicial killings; and c) need to control advertising of issues are: a) addressing the Rights (CHR) in investigating releasing detained military men junk food, saying that the em- huge gap between world stan- and prosecuting perpetrators and women who are fighting phasis should be on food qual- dards and local conditions in of HR violations. It also calls for for rights and reporting abusive ity. She said she intends to limit education and health care; b) stronger implementation of the plans and actions in all military the advertising of several com- solving the war in Mindanao Indigenous Peoples’ Rights Act departments. panies and implement stringent through sustainable develop- (IPRA) to promote the cultural, measures against companies ment; and c) addressing the nu- economic and social welfare of Media Forums5 that “misadvertise,” such as merous cases of extra-judicial IP communities. In the media forums sam- milk companies that advertise killings through better enforce- Pangmasa pled, the issue of accountability powdered milk as breast milk ment of the law. Pangmasa affirms “the im- was often discussed. The presi- substitute. Bagumbayan will ‘encour- portance of developing the full dential candidates believed in Eddie Villanueva under- age the creation of a deep pool human potential of a person” to the need to prosecute erring scored the importance of social of knowledge workers by pro- ensure maximum contribution officials, and the need for trans- security for the elderly. viding scholarships directed to society. It recognizes the im- parency in government transac- De Los Reyes reiterated his towards greater access to vo- portance of people’s participa- tions. stand against the RH bill, but cational training and science/ tion in an “authentic participa- Health issues were also dis- stressed the importance of ma- engineering programs.” It also tive democracy”, and believes cussed constantly in relation to ternal health and promoting plans to “utilize school systems in equal sharing of the fruits of the RH bill. De los Reyes of Kap- better access to medical ser- to improve health outcomes for economic activity. It also places atiran was against it because of vices. the youth.” To solve the war in importance on gender sensitiv- “respect for life,” stressing in- Gordon was asked his opin- Mindanao, Gordon notes that ity “that respects the unique stead that the health industry ion regarding proposals to

HUMAN RIGHTS FORUM restore criminal liability to mi- Pangmasa). Placing these ba- campaign discourse that plays Platforms Reviewed: nors. He noted the tendency of sic rights within the frame of out in the run-up for the 2010 some criminals to use minors social services naturally will national and local elections. Ang Kapatiran Party. Ang Kap- for their crimes and said that have a major effect on the re- By experience, the prom- atiran Party Political Platform. rights must be balanced with alization of these rights. ises of those who are seeking responsibilities. The principle of account- public office are for the most Bagumbayan Party. Manifesto When asked about his opin- ability is discussed in most part forgotten after the election for Change. ion on mining investments that platforms, except in the case of season. Civil society organiza- will bring improvements to a PMP. Accountability in PMP’s tions should monitor the per- Bangon Pilipinas. Platform of community but may potentially platform can be extracted from formance of those who win in Government and Statement of damage the environment, Per- its political principle, which the national and local polls and Basic Principles and Policies for las (Ind.) stressed that because states that the criminal justice hold them accountable to the Governance of Bangon Pilipinas IPs regard the environment as a system must prioritize “the programs and directions they party 2010. crucial factor for development, prosecution of the rich and promised during the campaign all projects must respect their powerful offenders and crimi- period. Jamby Madrigal for President. culture, and must see them as nal syndicates.” These are the challenges that Reclaim and Regain the Wealth, part of national development. The human rights principle human rights defenders and the Sovereignty and Dignity of the On a liberalized mining indus- of participation is tackled in all electorate have to respond to, Filipino People and Nation: A vi- try, he batted for a new mining nine platforms (except in the not only during the campaign sion of genuine change for the law that will respect IP rights. case of Bagumbayan), ranging period, but even more so dur- Filipinos. He also advocated for a broader from local government auton- ing the term of office of the next framework that will both ad- omy (Lakas, PMP, Madrigal), president. Lakas Kampi CMD. The Lakas dress societal needs and the en- participatory democracy and Kampi CMD Platform: Renewing vironment. decision-making (LP, Madri- Endnotes the Filipino spirit. Villanueva (Bangon Pilipi- gal), monitoring implementa- nas) stressed that while wom- tion of projects (Lakas, Pang- 1 The materials used for the re- Liberal Party. Partido Liberal en’s rights are primordial and masa), and supporting non- search were the parties’ cam- Pilipinas Platform. basic, this doesn’t extend to government organizations and paign platforms, a survey ques- tionnaire sent to all presidential activities “that violate the mo- communities (Ang Kapatiran, candidates, two (2) TV forums Nacionalista Party. In Re- rality of a family,” such as abor- Lakas, Madrigal, Pangmasa). and one (1) radio program. sponse to the People’s Concerns tion. He also called for the re- Only the platform of inde- imposition of the death penalty pendent candidate Madrigal 2 Platforms were assessed us- Partido ng Marangal na Sam- for moneyed criminals. mentioned women’s participa- ing the principles of the human bayanan. Platform of the Partido Aquino stressed the impor- tion. Pangmasa’s platform men- rights-based approach (RBA). ng Marangal na Sambayanan. tance of education for employ- tioned consumer rights. ment. ESC issues in the forums 3 Lakas-Kabalikat ng Malayang Pili- Puwersa ng Masang Pilipino. pino-Christian Muslim Democrats sampled were discussed as hu- Partido ng Masang Pilipino Plat- Not quite there yet man rights whenever they were 4 The presidential candidates were form of Government. The content analysis of the framed in terms of rights of spe- asked the following: platforms of the presidential cific sectors: women’s rights, Note: For the full version of candidates reveal that human consumers’ rights, children’s 1. What is your human rights plat- the study, visit the PhilRights form? rights included in the plat- rights. Otherwise these issues website: http://www.philrights. forms mostly pertain to civil were placed under the sphere org. and political rights (i.e., refer- of social services. 2. If elected, what are the top three human rights issues you ences to the Bill of Rights, EJK, would prioritize? democracy, participation). Challenging the feeble “Elections themselves Most of the platforms have It is not enough that a full- Only four of the nine presidential are human rights events: programs on the economy, blown rights-based approach candidates sent backtheir an- first, because they give work, health, education, and is lacking and even completely swers: Ang Kapatiran, Pangmasa, Lakas and Bagumbayan. voice to the political will housing, among others. These, missing from the platforms of of the people involved; however, were not expressed the candidates; what is more and secondly, because, as human rights, but were cause for concern are the can- In response to the survey questions, NP sent back a copy of its to be truly free and discussed as part of the prom- didates’ pronouncements that platform. This was not included fair consistent with ised programs. Some which contravene human rights stan- in the results of the survey as the international standards, mentioned human rights were dards. Among these are the study had a specific section for they must be conducted not able to expressly link hu- plans to reimpose the death GPOAs. in an atmosphere which man rights principles into penalty (Villanueva) and re- 5 Three media forums/discussions is respectful of basic their programs. Aspects of store criminal liability to mi- human rights.” economic, social and cultural nors (Gordon), as well as the were looked into: Inquirer’s Presi- (ESC) rights, such as educa- outright rejection of the RH bill dential Debate (held February 9, 2010), DZBB’s “Ikaw Na Ba“ Se- -- Human Rights and tion, health, housing, work, (De los Reyes). These are but ries hosted by Mike Enriquez, and Elections: A Handbook on etc., were discussed within the a few chilling examples that the ANC “Harapan“ Presidential Legal, Technical and Human frame of social services and show how feebly informed by Forum (which aired on January Rights Aspects of Elections not as basic rights (ex., NP and human rights principles is the 29, 2010).

HUMAN RIGHTS FORUM D2 TAYO! (Defend Dignity) sa RIGHTs Agenda inahamon ng mga organisasyong nag- tataguyod ng Karapa- tang Pantao ang mga Htumatakbo sa pagkapangulo, gayundin ang lahat ng mga ku- makandidato sa eleksiyon sa May 2010, na pakinggan ang sigaw ng mamayan para sa karapatan, kapayapaan at hustisya.

Ang 10-point adyenda sa Karapa- tang Pantao para sa 2010 ng mamayan ay itutulak at babantayan ng Human Rights Com- munity at mga organisasyon ng mamamayan sa buong panahon ng panunungkulan ng sinumang Photos: JM VILLERO mahahalal sa pamahalaan. • Agarang pagpirma at pagratipika sa Optional GAWING PUNDASYON GAWING SALALAYAN Protocol sa International NG KAPAYAPAAN ANG AT BALANGKAS Covenant on Economic, MGA KARAPATANG ANG KARAPATANG Social, and Cultural Rights PANTAO trabaho. Pagsugpo sa PANTAO SA MGA (ICESCR). lumalalang kontraktwal- isasyon at pagwasak sa PANUKALANG BATAS Human Rights in Peace mga unyon. • Sinserong pagtataguyod IPATUPAD ANG • Pagsusumite ng mga ulat Put Human Rights in Philippine ng prosesong pangkapay- MGA KARAPATANG sa tamang panahon at Laws apaan at paggalang sa PANTAO SA pagtugon sa mga payo • Itigil ang represyon, iligal mga karapatang pantao MGA PLANO AT o obserbasyon ng mga na pag-aaresto, tortyur, ng magkakabanggang PAGPAPATUPAD NG kinatawan at komite sa sapilitang pagkawala at panig. MGA PROYEKTONG karapatang pantao ng extra judicial killings. • Maayos na rehabilita- PANGKAULANRAN United Nations (UN). • Prayoridad at sapat na syon at sapat na pagkain, pondo sa mga serbi- pabahay at patubig sa Human Rights in Development syong panlipunan tulad mga naaapektuhan ng la- • Maka-kalikasan, maka- ng kalusugan, pabahay, banan ng mga rebelde at PARA SA karapatang pantaong pag- edukasyon at pagkain. pwersa ng gobyerno. Ibasura ang Presidential unlad. PANIBAGONG Decree 1177 o awtoma- • Proyektong may respeto tikong paglalaan ng mal- sa karapatan ng mga kat- GAWING PAMUMUNO, aking bahagi ng national utubong Pilipino at mga PAMANTAYAN ANG budget sa pagbabayad ng Moro, lalo na ang kanilang MGA KARAPATANG ITAGUYOD AT utang. karapatan sa sariling pag- PANTAO SA • Karapatan ng mga bata papasya at karapatan sa PAMAMAHALA IPAGTANGGOL at kababaihan laban sa lupaing ninuno. Human Rights in Governance pang-aabuso, diskrimi- ANG • Reporma sa pamamahala nasyon, korapsyon, pagsa- at sandatahang lakas samantala, at karahasan. KARAPATANG para sa pagtatanggol sa Ipasa ng Reproductive mga karapatang pantao. Health Bill at batas laban PANTAO! • Karapatan ng mga mang- sa diskriminasyon. gagawa, karapatan sa • Pawalang bisa ang Philip- Ang Rights Agenda na ito ay binuo disenteng hanap-buhay, pine Mining Act of 1995 at at isinusulong ng mga miyembro sapat at makatarungang pagtibayin ang Alternative ng Philippine Alliance of Human pasahod at katiyakan sa Mining Bill. Rights Advocates (PAHRA).

HUMAN RIGHTS FORUM JAY AZUCENA JAY

A Human Rights and Peace Agenda were evicted from the rail- road tracks from 2005-2006 with only half of them giv- on Good en relocation • More than 600,000 Filipinos were displaced by internal armed conflict in Mind- Governance anao from August-October 2008 he Filipino nation is in the midst of diffi- • 57 journalists, lawyers and culties and challenges. Poverty, unemploy- civilians were massacred in ment, hunger, urban blight, environmental Maguindanao on Novem- destruction, extrajudicial killings, insurgen- ber 23, 2009. These problems and condi- cy, and corruption are among the glaring tions reflect the weakness, if Tmanifestations of human rights violations that persist not failure, on the part of the in the country. These too are the root causes of conflict Philippine government to ful- and violence in Philippine society. Consider the fol- fill its duties and obligations to lowing statistics: respect, protect and promote the peoples’ right to life, to be • 26.9% or 4.7 million Filipi- 6-24 years are out of school free from hunger, to adequate no families are poor (2006) • 1 out of 10 Filipinos cannot health, affordable housing, • 12.22 million Filipinos are read and write quality education and a healthy classified as food-poor • 2.9 million Filipinos are environment. These likewise re- • 7% of the total population unemployed (using the flect the kind of governance the are not using an improved “new” NSCB definition of country’s leaders, both current water source unemployment) and past, have practiced. JAY AZUCENA • 11.6 million Filipinos aged • More than 80,000 families For the longest time, hu-

HUMAN RIGHTS FORUM JOY ANNE ICAYAN man rights violations have peoples and communities. lies (CPMW), and Con- characterized the socio-politi- The Philippine government vention on the Rights of cal landscape of the country. is one of the member states of Persons with Disabilities. People have been denied essen- the United Nations which has However, these commit- tial goods and services that will consistently declared its com- ments have been con- allow them to live in dignity, mitment to human rights by sistently contradicted grow and develop as produc- ratifying virtually all the key in practice by the State tive and healthy individuals, human rights instruments. To with the persistence and be active participants in the date, it is a State Party to eight and escalation of hu- development process. Instru- (8) major human rights laws: man rights violations, mental in the perpetuation of the Convention on the Elimina- and the perpetuation of a this state of affairs is weak and tion of Racial Discrimination culture of impunity with defective governance. Self-ag- (CERD), International Cov- the failure of the State to grandizement and power have enant on Civil and Political prosecute and punish human been the key motivations and Rights (ICCPR), International rights violators, serve justice driving forces of government Covenant on Economic, Social and provide just compensation, officials in the exercise of State and Cultural Rights (ICESCR), reparation and rehabilitation to functions. Corruption from the Convention on the Elimination all victims. lowest to the highest levels of of All Forms of Discrimination In the May 2010 national the bureaucracy, abuse of au- Against Women (CEDAW), elections, the Filipino people thority and disregard for the Convention Against Torture will once again face the rule of law, nepotism and cro- and Other Cruel, Inhuman or duty and challenge of ex- nyism, mismanagement and Degrading Treatment or Pun- ercising their right of suf- misprioritization of govern- ishment (CAT), Convention on frage and choosing the leaders ment resources, and monopoly the Rights of the Child (CRC), of the nation. As in previous of power, have been the tools Convention on the Protection of elections, they will encounter of State agents in marginalizing the Rights of All Migrant Work- candidates projecting them-

the poor and disempowering ers and Members of their Fami- selves as “champions of the ANNE ICAYAN JOY

HUMAN RIGHTS FORUM poor”, “defenders of the op- a court, and guarantee that they pressed”, “hope of the nation,” will be immediately released if their and “guardians of democracy”. detention is found to be unlawful. The candidates will be armed • Commit to transparent, in- with all sorts of incentives, gim- dependent, judicial investigations micks and promises declaring of any credible allegations against the people’s redemption is im- anyone suspected of enforced dis- minent and the birth of a great appearances and extrajudicial ex- nation is approaching once they ecutions, particularly those who get elected into power. are deemed untouchable because of But our people will no lon- their political or military powers. ger be fooled by traditional pol- • Review the current witness iticians who only have empty protection program towards its promises to offer and a whole strengthening and with a view of term of self-enrichment and de- securing convictions against hu- ceit in mind. We will demand man rights violators through the and expect a substantial and enrollment into the program of meaningful program of govern- Photos: JAY AZUCENA credible witnesses who would oth- ment that is based on human rights violations against real or Presidential Human Rights Com- erwise not be motivated to give rights principles and a system alleged members of left-lean- mittee (PHRC). their testimony. of governance that is transpar- ing political groups, using the • Ensure that the arrest and de- ent, responsible, based on the assumption that such left-lean- tention procedures followed by the Legislative Agenda rule of law, accountable and ing groups are fronts of the police and military comply with in- • Immediately sign the Interna- participatory. Communist Party of the Philip- ternational human rights laws and tional Convention for the Protec- Thus, we present a Hu- pines–New Peoples Army–Na- standards, by implementing appro- tion of All Persons from Enforced man Rights and Peace Agenda tional Democratic Front or, in priate sanctions for those who fail Disappearances as a step towards on Good Governance, and we some areas in Mindanao, of the to follow such human rights-based ratification. challenge all candidates in the Moro Islamic Liberation Front. procedures. • Certify as urgent the ratifi- May 2010 elections to inte- Military propaganda accuses • Order the Armed Forces of cation by the Philippine Senate of grate these into their program leaders of non-governmental the Philippines to stop the practice the Optional Protocol to the Con- of government and bring them organizations and progressive of arbitrary or secret detention and vention against Torture and Other to fruition during their term of political groups of being al- close any secret detention facili- Cruel, Inhuman or Degrading office as public servants and lied with “enemy groups” or ties in operation, including those Treatment or Punishment. leaders of the nation. The hu- “enemies of the State”. In an in military camps and temporary • Certify as urgent the passage man rights community and increasing number of cases, the military detachments in the coun- of a law criminalizing extrajudicial various people’s organizations military has also accused lead- tryside. execution. will advocate and monitor this ers and staff of such groups of • Capacitate the Commission • Certify as urgent the repeal Agenda throughout the entire various criminal acts, including on Human Rights (CHR) of the of BP 880 or the Public Assembly term of those elected in govern- multiple murder. Philippines to independently mon- Act. ment. The Agenda covers 10 • Issue an executive order itor in coordination with human • Amend Republic Act No. major areas: which clearly states the adminis- rights organizations the human 9372 or the Human Security Act of tration’s position to stop the prac- rights of all detainees, including 2007 to ensure that no person will 1. Ensure respect for hu- tice of enforced disappearances providing CHR personnel unim- be unjustly persecuted based on man rights and the rule of law and extrajudicial executions in peded access to all places of deten- his/her political ideology or belief, through strict implementation the country. In particular, set up tion and all detainees. provided that such belief or ideol- of a security policy against the a mechanism that disallows the • Ban the techniques, specifi- ogy does not translate into political brutal spiral of human rights appointment to senior positions cally torture and other forms of acts that endanger the life and hu- violations -- unlawful arrests, in government and the military of ill-treatment and enforced disap- man rights of others. secret detention, enforced dis- officials who have been involved in pearance, used by the military • Revoke Executive Order 464 appearances, torture and other enforced disappearances and ex- and police investigators/operatives or the “Gag Rule”. forms of cruel, inhuman and trajudicial executions, including during questioning and interroga- degrading treatment, and ex- through command responsibility. tion, and ensure that appropriate 2. Reform the security forc- trajudicial executions in the This should include those who are sanctions are in place against those es and the judiciary. name of counterinsurgency named as respondents in ongoing who perpetrate such human rights The Philippine judicial and and counterterrorism. criminal cases with element of seri- violations. law enforcement sectors lack Like every country, the ous human rights violations, par- • Stop and prohibit incom- the personnel, infrastructure, Philippines has legitimate se- ticularly enforced disappearances. municado detention. All detainees training and political will to curity needs. International hu- • Introduce effective measures should have prompt access to the respect, protect and promote man rights standards recognize to have a national quick response outside world, including their rela- human rights. The Department the legitimate needs of states in hotline whereby families of victims tives, lawyers and doctors. of Justice (DOJ), which serves that field. However in the Phil- of arbitrary or warrantless arrests • Ensure that all detainees are as one of the government’s lead ippines, national security con- can access and seek recourse. able to effectively exercise their agencies for the implementation cerns have often been invoked • Restore civil society repre- right to challenge promptly the and mainstreaming of human as an excuse to justify human sentation and membership in the lawfulness of their detention before rights, suffers from systemic

10 HUMAN RIGHTS FORUM corruption and a lack of quali- truth and accountability for the fied judges and prosecutors. Ju- country’s deplorable record of dicial personnel remain suscep- serious human rights violations tible to pressure by public office and abuses, particularly those holders and rich and powerful committed in the context of private individuals. Resolution the longstanding and intermit- of cases remain slow, with tri- tent armed conflicts between als often lasting years. Citizens the AFP and the Moro Islamic lack confidence in the formal Liberation Front and the New justice institutions and regard Peoples Army, only a handful them as slow, ineffective and of individuals have been pros- often corrupt. Most Filipinos ecuted for serious violations of have difficulty accessing courts human rights in the last four and legal assistance; most could decades. not afford court fees or travel • Integrate human rights prin- costs. ciples in the peace process, and The Armed Forces of the include in the peace talks agenda, Philippines (AFP) is one of the both with the MILF and the NPA, smallest militaries in the world, provisions on mutual cooperation particularly in relation to the on human rights protection, and country’s population. Its use timely and impartial investiga- of poorly trained and some- tions on credible allegations of times undisciplined force mul- human rights and IHL violations tipliers have resulted in abu- committed in the context of the sive practices. In parts of the armed conflicts. country where these govern- • Review Oplan Bantay Laya 2 ment-backed paramilitaries are and other counterinsurgency poli- used by local political families cies, with input from the CHR, to and warlords as their private ensure that all counterinsurgency armies, the authority and legiti- plans/policies comply with Inter- macy of the central government national Humanitarian Law and has been undermined. Current not infringe on the human rights laws and policies, particularly — government, military and po- • Sufficiently capacitate and of all peoples. EO 546 which directs the PNP lice officials undergoing investiga- give mandate to the AFP and PNP • Exercise full control and to actively support the AFP in tion for human rights violations or human rights offices/desks so they accountability over all govern- internal security operations for named as respondents in criminal will be able to promptly and cred- ment-backed paramilitary groups/ the suppression of insurgency cases, and issue appropriate sanc- ibly conduct detailed and impartial force multipliers, particularly the and other serious threats to tions when found guilty. investigations on credible allega- CAFGU, Special CAFGU Active national security, have been • Bring to justice (in proceed- tions of human rights violations, Auxiliary (SCAA), CVO, police interpreted to allow the use ings which meet international so that it no longer relies on in- auxiliaries; and establish opera- of paramilitary groups in the standards of fairness) military or vestigations done by regional com- tional guidelines, a clear chain of government’s counterinsurgen- police personnel regardless of rank, mands on the ground on their own command and an accountability cy operations, with auxiliary including those with command personnel. For high profile cases, mechanism for all of them. Clearly groups and civilian volunteer responsibility, identified by inves- such investigations should be done define the different functions and organizations (CVOs) having tigations as responsible for human alongside the CHR and reputable limitations of these units. Also look accountability only to the local rights violations. independent human rights moni- into the possibility of disbanding chief executive at best. • Incorporate international tors for purposes of of transparency such groups. • Implement a clear and trans- human rights and humanitarian and credibility. • Establish a truth-telling parent mechanism to prevent the law standards as an integral and • Immediately transmit to the commission to document human appointment of present and former permanent component of training Senate for deliberations the instru- rights violations experienced as a government and military officials for police, military and their auxil- ment of ratification for the Rome consequence of the internal armed with credible allegations or records iaries, particularly through the de- Statute of the International Crimi- conflicts in the country, to aid the of human rights violations to senior velopment and implementation of nal Court (ICC). justice and reconciliation aspects levels of government, law enforce- a practicable human rights primer of the peace process. This mecha- ment and the judiciary, as well as for agencies belonging to the coun- Legislative Agenda nism should operate alongside, to provincial, regional and nation- try’s security sector. The human • Revoke Executive Order 546. rather than substitute, any judicial al command posts of the military, rights primer must include prac- proceedings related to the human including but not limited to those tical information such as rights- 3. Review the counterinsur- rights violations in the context of who are named as respondents in based procedures for arrest and gency plan/policy and establish the armed conflict, and be com- on-going court cases related to se- detention, appropriate use of force a truth and reconciliation mecha- posed not only of government offi- rious human rights violations. when necessary, interrogation of nism as part of the peace process. cials, but also people from credible • Suspend from their post criminal or terrorist suspects with- Despite clear and repeated independent bodies. Genuine na- – where they can exert power or in- out recourse to torture and other calls by Filipinos and the in- tional reconciliation can only hap- fluence over victims and witnesses ill-treatment in any circumstance. ternational community for pen if and when authorities take

HUMAN RIGHTS FORUM 11 steps to establish the truth and face other forms of international com- up to the crimes of the past, provide mitments entered into by the Presi- justice and reparation for the vic- dent and/or Philippine Senate are tims, and end the continuing chain based on and consistent with hu- of impunity for armed conflict-re- man rights norms, standards and lated human rights violations. principles. • Hold accountable govern- • Stop all forms of development and military officials who ment aggression projects that se- have committed human rights riously threaten and/or attack the violations in the Philippines’ coun- peoples’ economic, social and cul- terinsurgency efforts against the tural rights, deprive people of their NPA and the MILF. The new means of subsistence, and result in administration must commit to a the destruction of the environment, transparent and independent ju- such as conversion of agricultural dicial investigation of all credible lands, large-scale mining opera- allegations against government tions, construction of infrastruc- and military officers leading to ture projects like dams, etc. prosecution of the violations. With • Ensure the effective imple- the requisite political will and in- mentation of a comprehensive dependent oversight, the damage agrarian reform program that re- to the rule of law can be repaired, spects and protects the rights of greatly improving the credibility of Filipino peasants to life and pro- the new government and creating a ductive resources. positive and enabling environment Photo: JM VILLERO • Insitute measures, mecha- for the peace process. in southern Philippines. The Development is a human nisms and procedures that will ef- • Ensure that AFP officers who situation remains desperate right to which all peoples and fectively address graft and corrup- have been identified as suspects of for people displaced in conflict communities are entitled and in tion in all levels of government and serious human rights violations, zones, particularly after the on- which they should have an ac- that will ensure transparency and including through command re- slaught of typhoons, continuing tive and meaningful role. The accountability in all transactions, sponsibility, be barred from hold- security risks, and their loss of Philippine government has con- projects, agreements and services ing senior government posts until livelihood and other means of sistently implemented a devel- entered into by the government at such time that their names have sustenance. They face scarce job opment paradigm that has been all levels. been cleared by a civilian court opportunities and have very characterized as export-ori- (if there is a court case), or by the limited access to land, housing, ented, foreign debt driven and Legislative Agenda CHR after an independent, trans- water and basic services essen- foreign investments dependent. • Certify as urgent or priority parent and credible investigation tial for the realization of human Such development framework the repeal of Presidential Decree (if there is no court case), or any rights. has had serious repercussions No. 1177 or the Automatic Ap- other independent human rights • Provide sustained assistance on the peoples’ rights and un- propriations Law issued by former monitors agreed upon by both par- to the displaced people, including dermined the country’s nation- Pres. Ferdinand Marcos, which ties in the peace process. essential food and potable water, ba- al patrimony. As the principal mandates the National Govern- sic shelter, appropriate clothing and duty bearer, it is an obligation ment to automatically appropriate Legislative Agenda heating materials as well as essential on the part of the State to cre- funds for principal and interest •Certify as urgent the passage medical services and sanitation, in ate an enabling environment payments for public debt servic- of a law on the compensation of all line with the UN Guiding Principles that will lead to the realization ing (e.g., Senate Bill No. 1591 or victims of human rights violations on Internal Displacement. of the peoples’ right to develop- Automatic Debt Appropriations particularly during the martial law • Ensure free and safe passage ment. Cancellation Act of 2007 filed by regime. of humanitarian assistance to Moro • Set up a human rights of- Sen. Antonio Trillanes during the • Certify as urgent/priority the and Lumad communities displaced fice or desk in all line agencies of First Regular Session of the 15th enactment of a law that will imple- from their homes due to human- the government and in all levels Congress). ment a general amnesty program made and natural calamities of governance as a mechnism to •Immediately sign the Op- for members of rebel groups that .• Ensure that displaced fami- monitor State compliance with its tional Protocol of the International would also provide immunity from lies returning to their homes have international HR obligations. Covenant on Economic, Social and suits arising from their activities their land and property restituted • Ensure active and meaning- Cultural Rights to facilitate the while inside the organization. and implement effective mecha- ful participation of peoples/com- process of ratification within the nisms for resolving land disputes. munities in decision and policy- new administration’s term. 4. Provide sustainable re- • Implement resettlement, re- making bodies/structures, espe- • Certify as urgent/priority habilitation and resettlement habilitation as well as reparation/ cially on matters that affect their the repeal of the Philippine Min- assistance to internally dis- indemnification programs/services lives, through their representation ing Act of 1995, and the passage of placed persons in the GRP- to all internally displaced persons and involvement, specifically in an Alternative Mining Act that is MILF armed conflict due to armed conflict. development councils and other in accordance with human rights More than tens of thousands development planning structures, norms, standards and obligations, of Filipinos continue to be inter- 5. Integrate human rights in all levels of governance. and that respects the rights of in- nally displaced due to the inter- principles in the Medium • Ensure that all international digenous peoples and marginalized nal armed conflict particularly Term Development Plan. treaties, bilateral agreements and communities.

12 HUMAN RIGHTS FORUM 6. Advance the social and Photo: JAY AZUCENA management strategies that cultural rights of the people. only push the people further Everyone has the right to into the debt trap. enjoy the highest standards • Develop and implement a sus- of health and health care. The tainable employment generation pro- state is obliged to ensure that gram that promotes workers’ rights its citizens are adequately nour- and is not anchored on a policy of ished and free from hunger. It is labor liberalization through exporta- likewise the duty of the State to tion of human labor. establish a responsive program • Ensure the protection of work- for social housing and protect ers’ rights, primarily addressing the public from unjust evictions issues of labor contractualization/ from their homes. Everyone casualization, violations of trade has the right to free, accessible, union rights, substandard working relevant, nationalistic educa- conditions, low wages, etc. tion that is gender and cultur- ally sensitive, responsive to our Legislative Agenda needs, and advances the culture • Enact a law that would cancel of human rights. all trade agreements that only ben- • Expand programs, facilities, efit the interests of foreign capital goods and services that contribute and undermine our own economic to the realization of the rights and women and men from discrimi- nor destroy their own culture, growth and development. welfare of vulnerable groups, spe- nation, exploitation, trafficking, language, tradition, and belief. • Amend the Labor Code to cifically the elderly, persons with assault, battery and other forms strengthen the right to strike, and disabilities and rural poor. of abuse and violence, and shall Legislative Agenda the right to form trade unions. recognize their equal rights as • Introduce amendments to the Legislative Agenda partners in nation building. provisions of the Indigenous Peoples’ 10. Fulfill the State’s inter- • Certify as urgent the passage Rights Act (IPRA) that would de- national human rights commit- of a Comprehensive Public Health Legislative Agenda bureaucratize and simplify the pro- ments and obligations. Act that will provide the poor and • Certify as priority the pas- cess of application and certification • Develop and adopt concrete marginalized sectors with adequate sage of a Women’s Reproductive of ancestral domain/land claims; programs, policies and measures health care and access to quality Health Bill that promotes women’s make it more responsive to the nu- leading to the effective realization and affordable medical facilities, rights, gender equality and non- ances and differences of the culture and implementation of all the Con- goods and services, and will pro- discrimination. and traditions of indigenous peoples; cluding Observations of the vari- tect the rights of patients. • Enact laws and institute re- and revise the existing guidelines ous UN treaty-monitoring bodies, • Certify as urgent the enact- forms that would ensure access on securing the Free, Prior and In- namely: ment of a Magna Carta for Stu- and equal representation of women formed Consent (FPIC) which are dents Rights and Welfare. in all decision and policy-making in conflict with and violative of the i. Committee on Economic, So- • Certify as urgent the enact- bodies of government and other IP right to information, freedom of cial and Cultural Rights ment of a law that would include fields of endeavor. expression, right to participate in ii. Committee against Torture human rights and peace education • Certify as urgent the passage decision-making, and right to self- and Other Cruel, Inhuman or De- in all levels of the Philippine educa- of an anti-discrimination law that determination. grading Treatment or Punishment tional system. recognizes the rights of all regard- • Enact a law that will crimi- iii. Committee on the Rights of • Amend existing legislations less of sexual orientation including nalize all forms of terrorist profil- the Child regarding social housing, demolition the rights of lesbians, gays, bisexu- ing, discrimination, and prosecu- iv. Committee on the Elimina- and evictions so these are consistent als and transgenders. tion of Moro peoples and practitio- tion of all Forms of Discrimination with the respect and protection of the ners of the Muslim faith. against Women peoples’ right to adequate housing. 8. Respect and protect the v. Committee on the Protection Enact a law that would criminalize rights of indigenous and Moro 9. Ensure the promotion of the Rights of All Migrant Work- illegal demolitions. peoples, particularly their of workers’ rights by creating ers and Members of their Families rights to self-determination an enabling environment that vi. Committee on the Elimina- 7. Pursue the promotion and ancestral domain. will respect and protect their tion of All Forms of Racial Dis- and protection of children and The State must guarantee rights from all forms of viola- crimination women’s rights. the rights of indigenous and tions and abuses, both by State All children and youth Moro peoples by protecting and non-state entities Note: This agenda was pre- have the right to special care, them from all forms of discrimi- It is the obligation of the sented during the Forum on Hu- education, health and protec- nation and displacement, and State to protect the right of the man Rights and Peace in Good Gov- tion against all forms of abuse, recognizing, respecting, and people to an independent eco- ernance, organized by the Asso- discrimination, exploitation, protecting their inherent right nomic policy, free from foreign ciation of Major Religious Supe- corruption, and inhuman con- to their ancestral domain. The domination and intrusion, and riors in the Philippines (AMRSP) ditions affecting their physi- State shall also ensure that its a self-reliant economy that is and its Mission Partners in part- cal, emotional, intellectual and development programs do not against oppressive and unrea- nership with De La Salle College moral development. The State threaten the survival of the in- sonable trade liberalization of Saint Benilde (DLS-CSB) on shall protect and defend both digenous and Moro peoples, policies, and subservient debt January 28, 2010.

HUMAN RIGHTS FORUM 13 alaking usapin ang computeriza- tion ng halalang isasagawa ngayong Mayo 10, 2010. Sa unang pagkakataon, magiging “fully automated” na ang pagboto. Mahigit P11 bilyon ang Mitinalaga ng pamahalaan para sa automation ng boto- han. Kinausap ng HR Forum si Ramon Casiple, isang political analyst, tungkol dito. Konsepto ng ‘automation’ ng eleksyon Unang-una, dapat ihiwalay ang konsepto ng ‘computeriza- tion’ doon sa usapin ng ‘modern- ization.’ Ang konsepto ng ‘com- puterization’ o ‘automation’ ay nanggaling doon sa pagkilala na yung manwal na sistema ay hindi na ganun ka-reliable at na- gagamit sa mga dayaan sa mga naunang eleksyon. Kaya nga SIMBAHANG LINGKOD NG BAYAN JAY AZUCENA

noong 1993, nagkaroon ng pag- aaral ang COMELEC [Commis- sion on Elections] u p a n g tingnan ang po- sibilidad ng ‘auto- m a t i o n . ’ Base sa pag- WWW.COMELEC.GOV.PH aaral na ito, plano ang COMELEC nang mas nagkaroon ng matagal-tagal. Pero gayundin, rekomendasyon inabot din ang kadulu-duluhan sa Kongreso na ng kanyang timeline. Nandiyan magpasa nga ng pa naman ang automation sa isang Automation schedule, pero yung mga reser- Law. Major shift ito; bang oras ay halos wala na. malaking pagbabago, at lumabas ang Proseso at bentahe ng batas na yan noong ‘automation’ 1997. Ang dahilan talaga dito ay yung pagbigay ng malaking Pagka-antala sa [pansin] sa mga dayaan nung implementasyon mga naunang manwal [na Kaya lang wala nang eleksyon]. Kaya nagkaroon ng oras para ipatupad ito desisyon na i-automate. Kaya noong 1998 election at ang unang-unang dahilan, noong 2001, 2004. Noong napakalaking bahagi ng pros- 2007, noong nagkaroon ng eso ay gagamitan ng makina at amendment sa batas, hindi rin walang tao na makikialam, lalo naipatupad dahil nga sa na-de- na sa counting, canvassing stages. lay din nang na-delay ang usa- Ang pangalawa, mapabilis ang pan diyan, na sa tingin ko ay proseso. Yung dati mong count- sadya namang dinelay. Hang- ing na inaabot ng isang linggo, gang sa ngayon lang nakapag- dalawang linggo, ay matatapos

14 HUMAN RIGHTS FORUM Ang automation ay hindi isang Halalan 2010: solusyon sa dayaan. Ang Isang Gabay solusyon sa dayaan ay yung BAGO ANG ELEKSYON pagbabantay ng mga tao sa eleksyon.

ente], meron itong 12 oras na battery life, yung makina. Kahit sa liblib na mga lugar, puwe- deng gamitin. Kahit na purong de-baterya ang gamitin mo. Ilista ang mga Ngayon kung usapin na remote 1. Kilalanin ang mga 2. na lugar, malayo, ang main com- kandidato. Suriin ang kandidatong iboboto. JAY AZUCENA munication na gagamitin dito ay kanilang mga plataporma. Memoryahin ang numero ng at the most ng 2 araw. Ngayong mga cell sites. Kung saan may grupong party-list na gusto 2010 na halalan, may dagdag pa abot ang cellphone, ay aabot din mong iboto. na bentahe. Bago yung sistema, yung koneksyon sa mga maki- lahat tayo maninibago, pati na patungo sa tinatawag na cen- t yung mga mandaraya. Hindi tral server. Doon sa lugar na di 3. Isang araw bago naman automation siyempre ang makakaabot ang cellphone, ang ang halalan, puntahan solusyon sa dayaan, pero mas solusyon naman dito ay satellite ang iyong presinto at mapapahirap yung paggawa communication na aabot naman tiyaking nasa listahan ng mga dayaan sa automation sa lahat ng parte ng bansa. So ng registered voters ang kaysa sa manwal. walang nakikita ditong prob- iyong pangalan. lema kaugnay ng mabilis na Kahandaan ng COMELEC pagpapadala ng mga resulta Sa tingin ko handa na [ang ng eleksyon. COMELEC]. Ang bottom line SA ARAW NG ELEKSYON diyan, handa na. Ang mga Problemang teknikal concern kasi, halimbawa sa Sa teknikal, wala masya- Mga maaring dalhin: valid ID, registration stub, listahan teknikal. Yung usapin ng ko- dong problema. Yung sinasabi ng mga kandidatong iboboto munikasyon, [kuryente], ay in- nila ang COMELEC ay walang herent doon sa design mismo ng kakayanan sa teknikal. Hindi Paalala: panatilihing malinis ang iyong mga kamay. makina. Una, de-baterya yun. naman sa wala. Meron na si- Kung mawalan man ng [kury- yang IT Department, in the 1. Hanapin ang iyong pangalan at sequence number sa Precinct Computer Voters List (PCVL) na nakapaskil sa labas ng presinto.

2. Pumunta sa Board of Election Inspectors (BEI) at ibigay ang iyong pangalan at tirahan. Makinig ng mabuti sa mga panuntunang ibibigay ng BEI tungkol sa tamang pag-fill out ng balota. JAY AZUCENA

HUMAN RIGHTS FORUM 15 first place. Pero hindi yun ang yung kanilang criticism. Banta- importante. Ang pinaka-im- yan natin ang proseso. Yun na- portante ay yung nakakaalam man from the start ang posisyon sa takbo ng makina, yung for- ng CER, na huwag na tayong eigner, kasi wala naman sa Pili- magtalo-talo dito. Kahit nag- pinas actually na may previous dududa ka, kung tinitingnan knowledge talaga – kaalaman sa mo ang interes ng sambayanan, makinang yan – ay direktang ang dapat na postura mo na magpapatupad sa implementa- dito ay tumulong at bantayan. syon ng automated system. Sila Sa parte ng CER, ganyan ang gi- ang may dala dito ng teknolo- nagawa namin. Nagkakaroon hiya, magbibigay ng training kami ng plano na bantayan sa sa paggamit nyan, kasama ang loob yan, may access kami sa DOST natin. makina, sa programa at sa lahat Ang nakikita ko pang mal- ng iskedyul ng proseso sa pag- aking may papel dito ay yung implementa. At the same time sa Advisory Council, kasi by law, labas ang [CER] ay may saril- tinayo ang Advisory Council ing kampanya, Bantay Election ng COMELEC kaugnay ng 2010, na magmo-monitor ng bu- automation. So yun ang side ng ong proseso ng eleksyon. Isang automated technology. Malaki buong taon yan, hanggang June ang papel dito ng Advisory 30 [2010]. Council. Marami sa Advisory Coun- Electoral reform na cil ay directang nanggaling sa sinusulong ng CER industriya ng information tech- Mahabang listahan yan. nology. Nandiyan ang DOST, JAY AZUCENA Dalawa siguro yung katego- ang National Computer Center rya. Una, maayos ang sistema at ang [CICT] mismo. Ang malaking problema buong kasaysayan ng gobyerno ng eleksyon, gawin itong cred- Ang pinakamalaking prob- ng Pilipinas, na public bidding. ible, fair and free election according OMR na teknolohiya lema naming nakikita ay mga Kaya nga tumagal nang tuma- to International Standard. Pan- Yung nagbabasa ng papel, batikos. Kasi, hindi pa nga na- gal ang bidding dahil doon. At galawa, magbukas pa ng pinto ang tawag diyan ay Optical man napapatunayan itong mga the end of it, meron talagang lu- para sa maraming mamamayan Media Reader Technology. Ibig makina, sangkatutak na ang mitaw na may nakapasa at yun natin na hindi nakakapagparti- sabihin, binabasa yung pa- mga batikos na inaabot at lahat ang napili, consortium ng Smart- sipa sa eleksyon o kaya ay hindi pel, nandiyan yung balota at ay nagka-cast ng doubt. Yung matic at Technology Informa- nakikita ang kahalagahan nito nandiyan ang marka ng isang iba meron namang pino-propose tion Management (TIM). sa kanilang buhay. So, dalawa botante at tina-tabulate sa na ibang sistema, gaya ng so- din yung kategorya ng pagki- counting. called open election system. Yung Mga duda sa ‘automation’ los. Pagdating sa batas halimba- Yung papel na minamarka- iba talagang paninira lang. At Sa nabasa ko sa petisyon ng wa, may mga batas tayo o pag- han ng botante, yun na ang marami dun sa mga batikos grupo ng Concerned Citizens babago o amendment sa batas, balota. Yung OMR technology ay hindi eksaktong inosente. Movement, ang argument nila pinapatanggap sa Kongreso. [ang ipatutupad ngayon], kaya Kasi malaki yung nakataya dun dalawa: una, legal – na Isa halimbawa yung Po- lang yung variant na tinatawag dito, yung mga dating gawain yung kontrata at yung proseso litical Party Reform Bill. Ito ang na Precint Optical Scan Technol- ng mga mandaraya ay hindi ng bidding ay hindi naaayon sa napakahalaga sa buong usapin ogy (PCOS), ito yung kaiba sa na magagawa ngayon, kung batas. Pangalawa, yung techni- ng reporma sa eleksyon. Ito ginamit halimbawa sa ARMM maipapatupad yang automated cal requirement. Yung makina yung mag-se-set ng rules of the last year na OMR, pero ang system. So nandun ang mga at- nga daw ay hindi nakakapasa game – ng pagtayo ng partido, at variation niya ang tawag doon tempt na ihinto ito para bumalik sa error rate na required ng yung behavior ng mga partido. ay Central Optical Scan. Ito sa manwal. COMELEC at saka gumagamit Yung pagkampanya ng partido, namang [PCOS], ang kaibah- ng mga programa na puwe- halimbawa, yung overspending, an, nasa presinto mismo yung Ano ang dapat gawin? deng ma-hack, mapasok o ma- transparency sa mga contributor, makina so hindi mo na kailan- Ang CER kasi miyembro ng diskaril. pag-prohibit ng paglipat-lipat gang dalhin yung un-counted Advisory Council. Bahagi na Pero yung intent ng mga ng partido. Maiiwasan mo rito ballots sa isang sentral na lugar ng rekomendasyon noong una nagpetisyon na ihinto ang yung sakit ng sistema na over- gaya ng munisipyo para doon pa lang ay ibukas ang buong implementasyon ng automation spending. Hindi lang overspend- i-count ng machine. Ang OMR proseso sa madla, nang sa ga- ay hindi nagkatotoo. Actually, ing at mahigpit na pagbantay machine, dinala mo na mismo nun, yung transparency ay ma- hindi lang yun, may iba pang sa campaign financing, pero yun sa presinto. Ang botante mis- sigurado natin at makita nila na grupo na nag-a-attempt ihinto o mismong prevention ng vote mo ang maglalagay ng kan- maayos yung implementasyon isabotahe yung automation. buying, pag-lessen ng personality yang boto sa loob ng makina. ng sistema. Ginawa nila ito sa Sa tingin ko, ihinto muna oriented politics, pagpalakas ng Walang makakalapit sa kanya bidding. Ang bidding para sa yung kanilang criticism, kasi konsepto at sistema ng political except kung hihingi siya ng makina ay isa sa pinaka-open, nandiyan na, ini-implement na party. tulong. in fact pinaka-open na siguro sa natin. Counter-productive na Nandyan din siyempre yung

16 HUMAN RIGHTS FORUM amendment sa Absentee Voting usapin sa automation. Mas ma- Act, pagpasa ng local electoral halaga pa nga siguro yun. Kasi 3. Kunin ang balota at special representation. Itong mga batas itong pagbabantay ng mga tao, marker na ibibigay ng BEI. ay magpapalaki o magpapala- ito directly ang makakaharap Tiyakin na malinis at walang pad ng partisipasyon ng mga ng mga mandaraya. Mahihira- sulat o marka ang balota. sektor, lalo na ng grassroots sec- pan silang makapandaya kasi tor sa pulitika ng bansa. Kaug- nagbabantay ang mamamayan nay ng Omibus Election Code, dito. 4. Pumunta sa voting area at maraming listahan yan ng mga punan ang balota sa pamamagitan pagbabago, pagtataas ng penal- Direktang pakikisangkot ng pag-shade sa bilog na tumutugma sa bobotohang kandidato, ty halimbawa sa election violence ng mga tao gamit ang special marker. – from 6 months to a year gawing Ang automation ay hindi • Tiyaking na-shade nang buo ang bilog. 6 years to 12 years. I-advance ang isang solusyon sa dayaan. Ang • Iwasan ang tinatawag na ‘hesitation marks’, tulad ng X, eleksyon sa ARMM ng 2 ling- solusyon sa dayaan ay yung ?, *, tuldok, tsek, atbp. go, para hindi magamit ang pagbabantay ng mga tao sa • Hindi pwedeng magbura. ARMM sa dayaan. Amendment eleksyon. Proseso ito ng mga tao, • Huwag maglagay ng anumang marka sa balota, maliban sa Omnibus Election Code din. hindi ito proseso ng gobyerno. sa pag-shade sa akmang bilog, para hindi Mga ganung klase ng batas, Ito yung proseso na kung saan i-reject ng counting machine ang iyong na sa tingin namin ay napaka- pinapaabot at pinapaalam ng balota. halaga para magkaroon din ng mga tao ang kanilang suhesty- • Ingatang hindi mapunit, mapilas, patas na playing field at mahi- on kung sino ang mamumuno matupi, malukot, magusot o mabasa ang kayat din natin yung maram- sa kanila. Kaya napakahalaga balota. ing mamamayan na sumama sa ng proseso na ito na ang tang- • Huwag mag-overvote (pag-shade o eleksyon. ing makaka-garantiya ng maay- pagpili ng mga kandidatong hihigit sa os na eleksyon ay ang mga tao bilang ng nakalaang pwesto para sa ‘Automation’ at karapatang mismo. posisyon, tulad ng pagboto ng dalawang pantao So, napakahalaga dito, hindi presidente o dalawang party-list). [Ang] karapatang pinag-uu- pa siguro ang automation. Kasi sapan dito ay direktang may ang automation ay nagdudulot kaugnayan sa eleksyon – una lamang ng mabilis, accurate na 5. Ipasok ang napunan na ay yung right of suffrage, yung bilangan, kaya pa ring pakiala- balota sa counting machine. karapatan ng tao na piliin kung man ng tao yan. Kaya kung di Maging maingat sa pag-feed sino ang lider niya, at kadikit mo babantayan, puwede pa ng balota. Huwag isalaksak niyan ay yung karapatan ni- rin magamit yan na pandaya. o ipwersa ang balota sa yang ma-elect din bilang lider. Pero alalahanin natin na ang counting machine. Hintayin At pangalawang karapatan, ay pinanggagalingan natin ay isang ang kumpirmasyon ng iyong yung karapatang magpartisipa sistema na wala nang tiwala ang pagboto na makikita sa sa gobyerno. Kaya mas mala- mga tao sa manwal na bilangan. screen. Sisiguruhin din ng wak yun, kasi hindi lamang Kaya yung mga nag-a-argue pa BEI ang kumpirmasyon ng eleksyon yun, pati pagkata- diyan na dapat mag-manwal pa iyong balota. pos ng eleksyon. Dapat may rin tayo, bawat presinto ay may karapatan ang mamamayan kinakalaban diyan na kasaysay- *Sakaling i-reject ng machine ang iyong balota: i-feed ulit ang na makikipag-ugnayan sa kan- an. At ito ay yung kasaysayan ng balota sa machine. Pero kung hindi pa rin ito tanggapin ng yang gobyerno. Itong dalawa- dayaan na nagsisimula sa presin- machine, mamarkahan ng BEI Chair na “rejected” ang iyong ng usaping ito ay nakasalang to. Walang sistema na hindi na balota at ilalagay niya ito sa isang sobre para sa mga rejected sa bawat eleksyon. Pero sa ha- tinamaan in the past ng ganyang ballots. Hindi ka na bibigyan ng bagong balota. lalang 2010, napakalaki ng im- klaseng pagdududa. Kaya nasa pact ng automation dito sa mga ating lahat na magkaroon ng karapatang ito. pagbabantay. Okey lang yung 6. Bumalik sa BEI Noong 2004 presidential elec- magduda, ‘wag lang gawin yung para sa paglalagay ng tion ay naging kwestiyunable duda na dahilan para huminto indelible ink sa iyong sa marami. Sa automation, hope- yung automation. Yun ang tingin daliri (kanang hintuturo) fully, mabawasan, kung di man kong ginagawa ng ilan diyan at paglagay ng iyong matanggal yung mga dayaan – na sa kanilang pagdududa ay thumb mark sa listahan at maibalik ang tiwala ng mga gumagawa na sila ng mga pag- ng botante. tao sa proseso sa pamamagitan kilos na walang basehan at ang ng pagseguro ng mabilis at ac- epekto actually ay mahinto ang curate na bilangan. Yun ang im- pag-implementa ng automation. portante. Ganundin, tingin na- Mga pinaghalawan: min, mahalaga din yung direk- Si Mon Casiple ay Executive http://blogs.gmanews.tv/yourvox/ tang partisipasyon ng mga tao, Director ng Institute for Politi- http://blogs.gmanews.tv/yourvox/wp-content/uploads/2009/11/ hindi lamang bilang botante, cal and Electoral Reform (IPER) how-to-vote-landscape.jpg pero yung pagbabantay din ng at Chairperson ng Consortium http://politics.inquirer.net/images/voting_process.jpg http:// boto. Yun, katuwang yun na on Electoral Reforms (CER). www.slb.ph

HUMAN RIGHTS FORUM 17 CROSSING BARRIERS n By Dr. Faith Mesa xperts said the world was due for another pandemic influenza. In contrast to the regular seasonal epidemics caused by minor genetic changes which lead to the emergence of new viral strains every year, Epandemic influenza is caused by a major “genetic re-assortment” by a human and non-human virus in a non- human host. In the case of the 2009 influenza, the new virus was a re-assortment of four strains, one endemic to humans, one endemic to birds and two endemic to pigs. The lowly swine played host to the re-assortment and infection was transmitted to humans. Each year in the United States, seasonal influenza-relat- Complacency, ed illnesses result in an average not over- of 36,000 deaths and 200,000 hospitalizations.1 In the Philip- reaction, is pines, influenza is the 5th leading cause of overall morbidity, the greatest affecting 350,000 individuals in 2007.2 danger posed Vaccination, the best prevention for the seasonal flu, by the flu is recommended for people pandemic. who are high-risk for severe diseases like the elderly, patients with cancer, unstable wise be capable of sustained diabetes or chronic ob- person-to-person transmission structive lung diseas- for which the population has es. In the Philip- little or no immunity. The 1918 pines, vaccination Spanish flu caused a global for influenza has mortality of 100 million, while been limited to the the 1958 pandemic flu which above cases. originated from China resulted For pan- in one million deaths. The risk demic influ- of pandemics may be greater enza to occur, today than in the past due to the novel vi- speed of international travel. rus has to be The earliest cases of hu- pathogenic man infection with the novel and viru- influenza virus A (H1N1) were lent to detected in April 2009 in San humans. Diego and Imperial County, It must California and in Guadalupe l i k e - County, Texas. The virus soon spread rapidly. Within days,

JAY AZUCENA JAY hundreds of suspected cases,

18 HUMAN RIGHTS FORUM Source: http://gamapserver.who.int/mapLibrary/Files/Maps/GlobalSubnationalMasterGradcolour_20100418_weekly.png some of them fatal, were dis- viral spread came as an unfor- during inter-pandemic periods mation on influenza activity covered in Mexico, in the U.S. tunate package of international and providing influenza iso- for public health intervention and several other countries in trade. With countries already lates to the WHO Global Influ- and case management while the Northern Hemisphere.1 reeling from the effects of the enza Surveillance Network for strengthening the health sys- The virus, which was eas- global economic crisis, limiting use in vaccine production and tems at the LGU level for sus- ily transmissible via respiratory international travel to prevent research. The network wanted tainable surveillance. droplets, followed the interna- viral infection was out of the to monitor, analyze and dis- As local health care practitio- tional travel route and infected question. seminate epidemiologic infor- ners watched the cases spread several countries in less than a month’s time. Emergency Preparedness: The By June 2009, A (H1N1) Crux of the Matter Not yet over was reported in 103 countries, The first case in the Philip- n February 2010, the World Health Organization (WHO) with about 55, 867 confirmed pines was confirmed on May said that while transmission has been declining in many cases and 238 deaths. WHO’s 21, 2009, about a month before Iparts of the world, “the A/H1N1 pandemic influenza has latest monitoring update, dat- the World Health Organization not fully passed its peak yet.” ed April 23, 2010, reports that (WHO) declared a pandemic Dr. Keiji Fukuda, WHO special adviser on pandemic influ- “more than 214 countries and level Phase six 3. enza, emphasized that although the A (H1N1) pandemic “ap- overseas territories or commu- The Research Institute for peared not as severe” as originally feared by health officials, nities have reported laboratory Tropical Medicine (RITM), “the situation could change” given the highly unpredictable confirmed cases of pandemic which had been designated nature of flu viruses. The possibility that the virus could mutate influenza H1N1 2009, including by the Department of Health and become more virulent cannot be ruled out by scientists. over 17,853 deaths.” It must be (DOH) in 2004 as the National Dr. Fukuda stressed the need for countries to be prepared noted that the reported number Influenza Center, led the Influ- for a second wave of the pandemic. WHO advised govern- of fatal cases is an under repre- enza Surveillance Network, un- ments to “keep their guard against any severe outbreaks and sentation of the actual number der DOH guidance. The project continue their vaccination programs.” of deaths. According to WHO, sought to establish an effective Sources: http://www.chinadaily.com.cn/world/2010-02/24/ “many deaths are never tested and timely influenza surveil- content_9498872.htm or recognized as influenza re- lance network in the country http://balita.ph/2009/12/30/ah1n1-pandemic-not-over- lated.” by collecting information on yet-warns-who-chief/ In a highly globalized world, the circulating influenza strains

HUMAN RIGHTS FORUM 19 rapidly across the US and Mex- advised admission to a DOH infectious diseases. In fact, data medicine alone. This certainly ico, and then Europe and Aus- referral hospital and a labora- from the National Statistics Of- places a strain on the resources tralia, they dreaded the confir- tory confirmatory test. fice in 2009 still lists infectious of Juan de la Cruz who may mation of the first case in the However, with the rapid diseases like pneumonia, diar- even learn less than the mini- country. As the virus crossed spread of the disease globally rhea, bronchitis, tuberculosis mum wage. borders, the government estab- and within the country, such and influenza among the top During the avian flu scare, lished the Philippines Emer- strategies became less feasible ten leading causes of morbidity. calls were already raised by gency Management Task Force and sustainable. WHO recom- Overcrowding in urban poor public health practitioners and for Influenza A (H1N1) to coor- mended that countries in transi- communities, lack of knowl- human rights groups about dinate all national and local ef- tion should be prepared to move edge on proper health prac- making drugs of public health forts to contain the virus. towards implementing mitiga- tices, and lack of water facilities importance exempt from pat- In May 2009, the National tion measures to minimize the are just some of the basic health ent laws, to make the drugs ac- Disaster Coordinating Coun- impact of the pandemic.4 concerns that put the majority cessible and affordable to low- cil (NDCC) designated DOH At the emergency depart- of Filipinos at risk for influenza income families. When the A Secretary Francisco Duque III ment, we were overwhelmed A (H1N1). (H1N1) vaccine becomes avail- as the “Overall Crisis Manager by the sheer number of con- The DOH has also initially able, the same principle must be (De-Facto NDCC Chairman) for sultations for fever, cough and identified 5 DOH-retained gov- utilized. The government may 2009 A/H1H1 Flu”. colds. The RITM was likewise ernment hospitals as primary also intervene to procure es- The DOH issued techni- swamped with specimens for referral and admitting centers. sential medicines to protect the cal and operational guidelines confirmatory laboratory test- Three of these were in Metro interest of its people. enforced by national and local ing. Very soon, the number of Manila, one in the Visayas and One public health practitioner government entities among or- affected individuals increased one in Mindanao. But as the has warned that “Complacency, ganizations engaged in public every day. Returning overseas number of cases increased, the not over-reaction, is the greatest health protection and health Filipino workers were a par- lack of adequate health facili- danger posed by the flu pandem- care provision. Also, directors ticular problem. I treated one ties, limited number of health ic.”6 Our response to the public of DOH Centers for Health De- who was supposed to go back care workers and slow delivery health emergency that is the A velopment were mandated to to his hometown on vacation. of services in government hos- (H1N1) reflects and exposes the in- organize the local Disaster Co- At this time, we could not ac- pitals became more pronounced adequacies of our national health ordinating Councils to respond commodate him for admission and perceptible to patients. Se- care system. Unfortunately, those to the influenza outbreak. Sec- because of lack of rooms. While lected private hospitals were al- that bear and suffer are those who retary Duque assured the coun- the DOH recommended home lowed to admit patients in their cannot access essential health care try that measures were in place quarantine, he worried about facilities and manage the cases services. It is now a challenge for to detect early cases and contain his family. He said there was according to the guidelines is- local communities to take action transmission. not enough space in their home sued by the health department. to ensure that their lives will not The Hospital Infection Con- for him to be properly isolated. A calamity fund of 93.5M be collateral damage in the battle trol Committee and Hospital was requested by the DOH to against influenza A (H1N1). Disaster Preparedness Com- Access to Health Care: The cover for the preparedness plan mittee coordinated most of the Challenge of a (H1N1) for the pandemic influenza. References: private and public hospitals’ The severity of a pandemic This included purchases for initial responses to the immi- may vary from country to coun- stockpiling of anti-viral medi- 1 del Carmen, Constancia, MD, nent pandemic. Information try and among different loca- cations, personnel protective unpublished lecture, June 2009 on the clinical management of tions within the country. Main equipment and other logistics/ Maersk Global Service Center the disease was disseminated determinants of severity in- supplies. When community among health care providers. clude 1) the pandemic virus and level transmission was appar- 2 National Statistics Office, 2009 Emergency department person- its virological characteristics, 2) ent, local government units also Report nel were educated in handling vulnerability of population, 3) had to allot funds to take care suspected or confirmed cases. the capacity for response.5 of the health needs of their con- 3 Research Institute for Tropical Despite these measures, my The current strain of influ- stituents. This underscored the Medicine, National Influenza Cen- reaction when I received the enza A (H1N1) causes self-lim- fact that the country has been ter, May 2009 test result of the first positive iting infections in a majority of spending very little on health case we had at Manila Doctors’ infected individuals. Initial ad- care as reported by the NSO. 4 DOH Interim Guidelines No. 19 Hospital was disbelief followed visories issued by the DOH for For example, in 2007, health 5 WHO guidance on public health by dread. I have experience preventing the spread of infec- only constituted 3% of our gross measures for countries in re- with emergency preparedness tion included strict hand wash- national product. sponse to the pandemic of new and response, but the tasks that ing, practicing proper cough et- The use of antiviral drugs influenza A (H1N1) lay ahead seemed formidable. iquette and social distancing or should be part of a comprehen- The DOH focused the ini- limiting contacts -- advice that sive approach consistent with 6 Saniel, Mediadora, MD, unpub- tial response to early detection had always been emphasized the overall pandemic prepared- lished lecture, May 2009 and containment of the virus by by health care practitioners ness plan, the use of which contact-tracing and event-based even before the pandemic. should be in accordance with Dr. Mesa, a member of the Medi- surveillance. All “cases under Unfortunately, in a third DOH guidelines. A tablet of os- cal Action Group, is a specialist in observation” (patients suspect- world country such as the Phil- eltamivir (Tamiflu) costs P160. emergency medicine. She was in- ed to have the disease based on ippines, poverty makes the For a full course of treatment, volved in the early surveillance of exposure and symptoms) were population highly vulnerable to one has to spend P1600 on this influenza in the Philippines.

20 HUMAN RIGHTS FORUM Alamin ang inyong mga karapatan

Ang Karapatan sa Sino ang disk- walipikadong bu- Halal (Voting Rights) moto? Inaalisan ng karapatan sa halal ang mga taong • Nasenten- syahan ng pinal na makulong nang hindi bababa sa isang (1) taon; • N a s e n - tensyahan ng pinal sa pagkakasalang may kaugnay sa “dis- loyalty to the duly constituted government”; • Nadeklara ng awtoridad bilang “insane”(nasiraan ng bait) o “incompe- tent” (walang kakayahan). Sino ang may karapatang bumoto? Ayon sa Saligang Batas (Artikulo V, Seksyon 1), ang karapatan sa halal ay Karapatang bumoto ng mga deti- maaaring gampanan ng lahat ng mga mamamayan ng nado. Sa unang pagkakataon, pwede Pilipinas nang bumoto ang mga taong: • na hindi inalisan ng karapatan ng batas, • Nasa piitan, pormal nang • na 18 taong gulang man lamang, at nakasuhan at naghihintay o • nakapanirahan sa Pilipinas sa loob ng 1 taon man sumasailalim sa paglilitis; lang at 6 na buwan man lamang sa lugar na kanilang • Nagsisilbi ng sentensyang bobotohan kagyat bago maghalalan. hindi lalagpas sa isang taon; o May karapatan bang • Umaapela bumoto ang hindi nasa senten- kakabasa at nakaka- syang may sulat? Ayon din sa Sa- k a u g n a y s ligang Batas, walang sa “disloy- dapat ipataw na literasi, alty to the ari-arian o iba pang sub- duly consti- stantibong kinakailangan tuted gov- sa pagganap ng karapatan sa ernment.” halal. Ibig sabihin, kahit hindi Ang “De- nakatuntong sa paaralan at tainee Voting” ay pwedeng gampanan ng sino mang hindi marunong bumasa at rehistradong detainee hangga’t hindi deactivated o sumulat ay pwedeng bomo- kanselado ang kanyang rehistro sa COMELEC. to. Hindi rin kailangang Maglalagay ng isang “special polling place” ang magkaroon ng kung COMELEC sa mga bilangguang may 100 o mahigit anu-anong ari-arian o pang bilanggong botante. Sa mga bilangguang yaman upang gampan- walang ganitong “polling place”, pwedeng i-avail an ang karapatang ito. ng mga preso ang “escorted detainee voting”.

HUMAN RIGHTS FORUM 21 n By Ellecer Carlos n June 18, 1986, P r e s i d e n t Putting C o r a z o n A q u i n o , Owho then had special legislative powers, approved an end to the Philippines’ acces- sion to the UN Conven- tion Against Torture and Other Cruel, Inhuman or torture Degrading Treatment or Punishment (UNCAT), less than two years after the UN General Assem- bly’s adoption of the treaty. UNCAT’s Article 2, para- graph 1 declares that ‘Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.’ This means that the foremost obligation of states under the UNCAT is to put in place a domestic legal framework banning the use of torture. But 23 years after the Philippine’s adhesion to the UN instrument, there is no local law against torture to speak of. Some legal luminaries say that the principle of automatic incorporation practically makes the prohibition of torture under the UNCAT part of the law of the land, but in the realistic sense, a local statute is necessary since the UNCAT does n o t

22 HUMAN RIGHTS FORUM Task Force Detainees of the Philippines

More disappointments during the 13th Congress Several Anti-Torture Bills were filed in both chambers during the 13th Congress (2004- 2007). Shepherded by the likes of Reps. Rosales, Edcel Lagman and Saturnino Ocampo and BALAY Rehabilitation Center, Inc. backed by the UATC member prescribe any penalties for acts organizations, a consolidated of torture nor any guidelines in version of the three bills at line with the varied domestic the House of Representatives contexts of States parties. passed the third and final read- Early legislations against ing. This was an accomplish- torture in line with the conven- ment for anti-torture advocates. tion were proposed and filed Unfortunately, the counter- during the 12th congress (2001- part legislators in the Senate 2004). Various versions were had different priorities. The filed by Sen. Sergio R. Osmena two bills filed there by Senators III, Sen. Francis N. Pangilinan Miriam Defensor Santiago and and Rep. Loretta Ann P. Ro- Sergio Osmena III were not cal- sales. These bills never got past endared for public or commit- the committee level. tee debate by Sen. Joker Arroyo, who was then the Committee Dedicated to the eradication on Justice and Human Rights of torture Chairperson. Without a parallel In 2000, several organiza- Task Force Detainees of the Philippines legislation being worked on at tions joined forces to promote and lobbied for the enactment ing Technical Working Group the Senate, the legislative pro- the right not to be tortured in of an anti-torture law. Amidst meetings and public hearings cess for the passage of an Anti- the Philippines, forming the its public activities and cam- for the improvement, reconcili- Torture Law ground to a halt. United Against Torture Co- paign actions over the years, ation and harmonization of the alition (UATC). The the UATC consistently carried bills. Despite the active involve- End goal in sight coalition’s members out lobby work in both cham- ment of interest groups under In the current congress, free- committed them- bers of the legislature to pursue the UATC, progressive commit- dom from torture legislations in selves to the sub- the refiling and progress of the tee staff, committed legislators both chambers were fortunate mission of an al- anti-torture bills. UATC rep- and even a human rights stal- to have been given attention. ternative UNCAT resentatives kept close contact wart, Rep. Loretta Ann P. Ro- Sponsors of the bills as well as report. They also with key people at the Senate sales, (who was Committee on the committee staff had a mind- conducted infor- and House of Representatives, Human Rights Chairperson at set favorable to the progress of mation and edu- especially staff and legislators of the House of Representatives), the measures. At the House of cation activities the committees where the bills the 12th congress lapsed with- Representatives, Reps. Lagman, on the right not were lodged. The UATC also out the bills prospering past the Ocampo and Risa Hontiveros to be tortured provided resource persons dur- committee level. had re-filed their versions; at the

HUMAN RIGHTS FORUM 23 Senate, Sen. Santiago re-filed which favored the exclusion of her bill while Senators Francis NSAs from the HR measures. Escudero and Rodolfo Biazon With the active involve- filed their own versions. The ment of UATC member or- Committee on Justice and the ganizations, the consolidated Committee on Human Rights proposed Anti-Torture mea- at the Lower House agreed to sure at the House of Represen- jointly sponsor the measures. tatives (which was now known In spite of several contentious as House Bill No. 5709) moved issues, public hearings at the through the legislative process. committee level led to the rec- Upon its passage at the commit- onciliation of the various ver- tee level, the bill swiftly made sions into one consolidated its way through sponsorship at draft for each chamber. the plenary and then approval on second and third reading. As Disunited the bill approached its last hur- In recent years, debate at the dle, UATC representatives, tor- international level on the legal ture survivors and other advo- accountability of non-state ac- cates held vigil at the House of tors has become broader. The Representatives to demonstrate established view that human their interest in the passage of rights instruments should cov- the Anti-Torture Law. House er the protection of people from Bill 5709 was finally approved arbitrary action of the state at the House of Representatives only, which was originally the on March 4, 2009. purpose of their adoption, has On November 10, 2009, been increasingly questioned President Gloria Arroyo signed and even strongly opposed by Republic Act 9745 (the Anti- individuals and organizations Torture Act of 2009). around the world. This debate has led towards the growing The tasks at hand recognition of individual and The Anti-Torture Law non-state accountability in hu- mandates the Department man rights. of Justice and the Philip- It is indeed exceedingly of- pine Commission on Human fensive that public officials -be Rights to jointly promulgate ing remunerated by the people the rules and regulations for to ensure their security should the effective implementation become torturers. However, a Partnership for Agrarian Reform and Rural Development Services, Inc. of the Act. The drafting of the line of reasoning put forward is sition. This silent discord has which they should be brought implementing rules and regu- that torture is committed by fel- caused some unsettling mo- to justice is a different matter. lations shall be done with the low human beings, not their le- ments in various collaborations Human rights proponents, active participation of human gal identities. The use of torture and partnerships. Nonetheless, organizations and individuals rights NGOs. is intended to systematically human rights advocates were outside the UATC formed the Moreover, NGOs focusing dismantle the person’s mind, prompted by the recent positive Committee on Accountability on the right not to be tortured body and spirit, his or her very developments in the progress of Non-State Armed Groups should also be part of the mech- humanity. From the victim’s of the proposed legislation on (CALASAG) to advocate that anism that will monitor the im- perspective, torture will be tor- torture, to collectively address the legal definition of torture plementation of the law. ture, no matter who carries it the question of whether to pro- and enforced disappearance There remains much to be out. mote the inclusion of Non-State not be limited to acts commit- done in the struggle for the right It is important to say that the Actor (NSA) accountability in ted by state agents. All groups not to be tortured in the Philip- UNCAT, in Art. 1(2), provides the measure. Whether or not and individuals who prescribe pines. Anti-torture advocates that its definition of torture is NSAs would be held account- to the “all inclusive” definition should continue to be watchful “without prejudice to any inter- able under the measure would strongly assert that the state to ensure that the law, which national instrument or national in essence depend on the very still has the primary and special took 22 years to be passed, will legislation which does or may definition of torture. responsibility to take effective effectively protect the citizens contain provisions of wider ap- Most organizations within measures to prevent torture from torture and other cruel plication.” UATC agreed that NSAs (e.g., and enforced disappearance. forms of treatment, and that The human rights com- groups engaged in armed strug- Hence, higher penalties should perpetrators will be brought to munity in the Philippines, to gle, the Moro separatist groups, be imposed on state agents. justice. this day, remains divided on and private corporations and The Families of Victims of the issue. Some had chosen to groups with their own militia) Involuntary Disappearance Ellecer Carlos works with ignore the matter or refrained should be held answerable for (FIND) also strongly advocat- BALAY Rehabilitation Center, from openly stating their po- their atrocities. The manner in ed their institutional opinion Inc.

24 HUMAN RIGHTS FORUM HR DIGEST Detainees may Vote on May 10 8 Injured in Some 24,000 detainees will with less than 100 inmates, be allowed to exercise their the voters will be escorted right to vote in the May 10 by jail personnel to their Goldilocks elections, the first time in polling precinct. the country’s election his- Picket Line tory that detainees will be Sources: Eight striking workers enfranchised. http://newsinfo.inquirer. sustained serious head and In February this year, net/breakingnews/nation/ limb injuries on March 19, the Commission on Elec- view/20100313-258470/24000- 2010 when security guards detainees-expected-to-vote-in- and strike breakers em- tions (COMELEC) passed May ployed by Goldilocks Bake- a resolution implement- http://www.chr.gov.ph/ ing the right to vote of MAIN%20PAGES/news/PS_ shop attacked the picket line persons deprived of their 2Mar2010_Voting.htm of some 200 workers of the liberty. The resolution is cake and restaurant chain. Simbahang Lingkod ng Bayan a result of a petition by The strike at the compa- the Commission on Hu- COMELEC will set up ny’s cake and food plant in man Rights (CHR) urging special polling precincts Automation Mandaluyong started on the COMELEC “to enforce in detention facilities with March 11, 2010. The work- constitutional and statuto- more than 100 voters, to be won’t address ers are demanding the re- ry provisions on the right run by special board of elec- election fraud instatement of 127 regular of suffrage of PDLs.” tion inspectors. For facilities workers who were summar- – survey ily dismissed by Goldilocks. n a t i o n w i d e The dismissed workers are Tuition Fee Will Not Increase, Says CHED survey conducted mostly leaders and members by IBON early this of Bukluran ng Independen- Following protest On March 19, hundreds A teng Samahan na Itinatag year showed that the major- actions by students oppos- of students at the state-run ity of Filipinos believe that sa Goldilocks (BISIG). BI- ing tuition fee increases, PUP walked out of their the problem of alleged poll SIG had earlier won union the Commission on Higher classrooms to denounce fraud will not be addressed elections, but the company Education (CHEd) recently a proposal to increase the by automation. refuses to recognize the announced that “steps have school’s tuition by as much Survey results showed union. been taken” to ensure that as 1,700%. that “of the 85.4% of respon- The workers are also de- no state university/college dents who are aware of the manding an end to the com- (SUC) will increase tuition Sources: poll automation program, pany’s policy of replacing fees this coming school http://www.sunstar. 63% believe that it will not regular workers with con- year. com.ph/pampanga/ched- solve fraud” in the May 2010 tractual labor. CHEd’s announcement no-increase-tuition-fees elections. The nationwide Joel Lachica, BISIG union came after student and http://www.mb.com. survey was conducted on president, recalls that when youth groups staged a series ph/node/249473/no-tu- January 9-17, 2010 among Goldilocks workers held a of protests at the Polytechnic ition-fee-hike-ched 1,495 respondents. strike in 1991, three work- University of the Philippines http://bworldon - ers were killed and six were (PUP) in Sta. Mesa, Manila, line.com/main/content. Source: http://info.ibon. wounded when the police in University of the Philip- php?id=8298 org/ibon_articles.php?id=52 fired at the picket line. pines-Diliman, and at the main office of CHED in Dili- LABADA REPUBLIC man, Quezon City. CHEd is however expect- ing that some private universities and colleges will be charging higher tuition fees this June 2010. Partial data from CHEd shows that some 225 colleges would implement an average tuition increase of 7% for school year 2010-2011.

HUMAN RIGHTS FORUM 25 HR TRIVIA F A C T S A N D F I G U R E S n THE RIGHT WORDS: Nursing Schools: The Best and the Worst LICENSURE EXAMINATION FOR NURSES BEST PERFORMING SCHOOLS, 2006-2007 “It is not power that corrupts, but fear. Fear of losing BIGGEST SCHOOLS AND BIG SCHOOLS power corrupts.” TOP 10 Cluster 1 (1000 or more examinees) for the year 2006 and 2007, - Aung San Suu Kyi Biggest Schools n HUMAN RIGHTS HISTORY 2006 2007 SCHOOL REGION PASSING RANK PASSING RANK AVE. RANK % % Women’s suffrage in the Philippines San Pedro College- XI 80 19* 86 1 83 1 omen in the proposal. Davao City Philippines won Yet 73 years after women’s Far Eastern the right of suffrage suffrage took effect, there is University- NCR 66 1 62 2 64 2 W Manila on April 30, 1937 in a special still no “women’s vote” in plebiscite. In that plebiscite, Philippine elections. A study Our Lady of Fatima 90% voted in favor of granting by the Ateneo School of Gov- University- NCR 61 2 57 3 59 3 women the right to vote and ernment and the Friedrich-Eb- Valenzuela stand for office. ert-Stiftung concluded that the Liceo De The 1935 Constitution did “women working for women” Cagayan X 58 50* 56 5 57 4 University not grant women the right to cannot be seen in the results University vote, limiting the right of suf- of recent elections. There is of Perpetual frage to male citizens because no “sectoral vote”, the study Help System- IV-A 55 59* 57 4 56 5 “there was no popular demand said, because “Groups repre- Laguna for the right of suffrage by senting sectors cannot rely on Our Lady Filipino women themselves.” their sectoral constituencies to of Fatima NCR 58 3 50 7 54 6 College-Q.C. It was likewise believed that win them seats.” granting women the right of Why a “women’s vote” Brokenshire College XI 53 4 50 8 52 7 suffrage “would only disrupt in the Philippines does not Southwestern family unity as the women exist is difficult to explain. VII 55 60* 48 10 52 7 will plunge into the swamp There are more women reg- University of politics.” Instead, the fram- istered voters than men, and University of Baguio CAR 53 64* 49 9 51 9 ers of the Constitution left the voter turnout is always higher Western issue of women’s suffrage for among females than among Mindanao the women themselves to de- male voters. State IX 50 6 52 6 51 9 cide, by ordering a plebiscite University on the issue to be held within Sources: * 100 to 999 examinees only two years after the adoption http://womensphere. LICENSURE EXAMINATION FOR NURSES of the Constitution. The stipu- wordpress.com/2008/05/06/ WORST PERFORMING SCHOOLS, 2006-2007 lation was that “not less than womens-suffrage-in-the-phil- BIGGEST SCHOOLS AND BIG SCHOOLS 300,000 women possessing ippines-71-years-after/ BOTTOM 5 Cluster 1 (1000 or more examinees) for the year 2006 and 2007, the necessary qualifications http://www.peacewom- Biggest Schools shall vote affirmatively on the en.org/news/AsiaPacific/ 2006 2007 question.” April08/PhilippinesWom- SCHOOL REGION PASSING RANK PASSING RANK AVE. RANK During the plebiscite, a Suff.html % % total of 447,725 women cast http://www.manilat- Medina their votes in favor of wom- imes.net/national/2008/ College- X 17 1 14 1 16 1 en’s right of suffrage. Interest- apr/30/yehey/top_stories/ Ozamis City ingly, 44,307 voted against the 20080430top5.html City College of Urdaneta I 19 8* 14 2 17 2 (Urdaneta Comm. Coll.) Nueva Ecija III 27 27* 22 3 25 3 Correction: College In the article “The calm before the storm: More job losses expected as Emilio the global economic crisis continues,” published in the Human Rights Aguinaldo NCR 36 12 28 4 32 4 College- Forum, Vol. V, No. 4, Affiliated Computer Services (ACS) was mentioned Manila as having shaved off 889 employees, as indicated in the article’s origi- Lyceum nal source materials. These source documents were later amended, North I 34 14 30 5 32 4 showing that it was another company that laid off workers. We stand -western corrected. * 100 to 999 examinees only

26 HUMAN RIGHTS FORUM F A C T S A N D F I G U R E S

LICENSURE EXAMINATION FOR NURSES WORST PERFORMING SCHOOLS, 2006-2007 BOTTOM 30 Cluster 1 (100 to 999 examinees) for the year 2006 and 2007, Big Schools 2006 2007 SCHOOL REGION PASSING RANK PASSING RANK AVE. RANK % % Golden West Colleges I 18 11** 7 1 13 1 Medina College- Pagadian IX 11 1 14 3 13 1 (St. John Gen. Hosp. & Coll.) Pamets Colleges-La I 17 10** 13 2 15 3 Union Unciano Colleges Photo: Task Force Detainees of the Philippines & General NCR 14 2 17 7 16 4 Hospital- LICENSURE EXAMINATION FOR NURSES Manila BEST PERFORMING SCHOOLS, 2006-2007 City College TOP 10 Cluster 1 (1000 or more examinees) for the year 2006 and 2007, of Urdaneta Biggest Schools (Urdaneta I 19 8 14 2*** 17 5 Community College) 2006 2007 SCHOOL REGION AVE. RANK La Union PASSING RANK PASSING RANK College of % % Nursing, Arts I no record 17 8 17 5 Xavier & Sciences University (Ateneo De X 100 1 98 4 99 1 Notre Dame Cagayan) of Jolo ARMM 15 3 20 16 18 7 College Saint Louis University CAR 96 5 99 1 98 2 Ago Foundation V 22 11 15 4 19 8 West Visayas College State University- VI 97 3 98 3 98 2 Central La paz Luzon College of III 11 19* 26 33 19 8 Silliman Science & University VII 99 2 93 11 96 4 Technology- Olongapo Saint Paul University- VI 92 7 97 7 95 5 De Ocampo Iloilo Memorial NCR 18 6 19 14 19 8 Colleges Pamantasan ng Lungsod NCR 97 4 91 14 94 6 North Davao ng Maynila College- Tagum XI 17 4 20 15 19 8 University Foundation of the East Ramon Sultan Magsaysay NCR 91 8 97 6 94 6 Kudarat XII 22 12 15 5 19 8 Mem Educational Medical Ctr Institution Trinity Ago University of Medical & NCR 88 12 99 2 94 8 Educational V 24 18 16 6 20 13 Asia (Trinity- Center-Bicol Q.C.) Christian University of Coll. Of Med Santo Tomas NCR 89 11 97 5 93 9 Mindanao Cebu Medical XI 22 13 18 11 20 13 Doctors Foundation University College (Cebu VII 91 9 91 16 91 10 San Pablo Doctors IV-A 18 5 22 21 20 13 College) Colleges

HUMAN RIGHTS FORUM 27 F A C T S A N D F I G U R E S 2006 2007 Golden Gate Colleges IV-A 23 15 23 24 23 21 SCHOOL REGION PASSING RANK PASSING RANK AVE. RANK % % Polytechnic College of Carthel Davao del XI 22 14 24 28 23 21 Science Sur Educational III 24 17** 18 10 21 16 Foundation, Abra Valley CAR 21 13** 27 30 24 25 Inc. (Olra) College Colegio de University Kidapawan XII 24 16 23 23 24 25 of Perpetual (N. Cotabato Help System- IV-A no record 21 19 21 16 I.T.) GMA Emilio Immaculate Aguinaldo IV-A 26 24 22 22 24 25 Conception College- College- V 24 17 19 12 22 18 Dasmariñas Albay Panfacific University Tecaro I 25 20 23 26 24 25 College North Foundation, XI 23 51** 21 17 22 18 Philippines Inc. (Pang. Cst) Saint Mary’s University of College of NCR no record 24 27 24 25 Northeastern V 19 7 25 32 22 18 San Juan Philippines M.V. Gallego Las Piñas Foundation III 24 19 25 30 25 30 College NCR 19 9 26 34 23 21 Colleges * less than 10 examinees Martinez NCR 26 25 19 13 23 21 ** 10 to 99 examinees only Memorial *** 1000 or more examinees College Source of Tables: “The best schools; the worst schools”, based on Compilation of Statistics on the Performance of Schools in Various Licensure Examinations, 2006-2007, Professional Regulation Commission http://www.nscb.gov.ph/headlines/StatsSpeak/2010/041210_rav_schools.asp Announcement Since April 2004, the Philippine Human Rights Information Center (PhilRights) has been accepting interns from local and international institutions and universities. This Internship Program is open to college students, researchers or professionals who want to expand their experience in human rights work. Interns are assigned to one of PhilRights’ four institutional programs: information, research, training, and monitoring/documentation.

For details, please contact Mr. Pepito D. Frias, PhilRights Training Associate, at 433-1714 and 426-4048; E-mail: [email protected].

PHILIPPINE HUMAN RIGHTS INFORMATION CENTER (PHILRIGHTS) BUSINESS MAIL ENTERED 53-B Maliksi St. Barangay Pinyahan AS 3RD CLASS (PM) 1100 Quezon City Permit No.: PM-07-03-NCR

28 HUMAN RIGHTS FORUM

Human Rights Forum  Table of Contents

Human Rights Forum Table of Contents