Human Rights Education PDF

HUMAN RIGHTS EDUCATION STI CCJE Handout Compiled by: Atty. Mitzi Caryl Encarnacion Atty. Nelie France Sanchez Atty. Mark Bacharo Atty. Ariel Ballega PRELIM I....

HUMAN RIGHTS EDUCATION STI CCJE Handout Compiled by: Atty. Mitzi Caryl Encarnacion Atty. Nelie France Sanchez Atty. Mark Bacharo Atty. Ariel Ballega PRELIM I. DEFINITION, CONCEPTS, AND HISTORY OF HUMAN RIGHTS Defining Human Rights A famous statement that we always heard is that, Human Rights Our rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. The Preamble of the Universal Declaration of Human Rights (UDHR) mentions the "inherent dignity and of the equal and inalienable rights of all members of the human family." Human rights are not granted by the State, nor stemmed from citizenship in a country. Human rights are rights that necessarily spring from being a member of the human species. The Philippine Commission on Human Rights on the other hand defined human rights as supreme rights, inherent and inalienable Rights to life, dignity, and self- development. It is the essence of these rights that makes man human. With this definition given, we will conclude that the existence of man attached with it the protection of all his rights as a human being. Human rights are commonly understood as being those rights that are inherent in the mere fact of being human. The concept of human rights is based on the belief that every human being is entitled to enjoy her or his rights without discrimination. Concepts of Human Rights Western View of Human Rights In the Western perspective, human rights are not seen as permanent or universal truths. Documents like the Habeas Corpus, Magna Carta, the Bill of Rights, the French Declaration of the Rights of Man, and the U.S. Bill of Rights were created based on the political and social conditions in Britain, France, and America. The idea of human rights developed as people became more aware of their needs and aspirations for a better life. Through revolutions and struggles for fair governance, rights emerged from agreements between people and their leaders, focusing on power-sharing, parliamentary decisions, and legal declarations. Rights only become official when recognized by the state. In many Western countries, these laws mainly aim to protect people from their governments, and human rights are highly valued. Eastern View of Human Rights In the Eastern world, views on human rights vary depending on the region, political system, and religion. Religion often plays a significant role, as it influences daily life and sets guidelines for behavior. Some believe that religions like Confucianism, Buddhism, and Islam have helped shape the idea of human rights. Religious duties and teachings contribute to recognizing and understanding these rights. 1 Socialist View of Human Rights Karl Marx and Vladimir Lenin argued that individual rights come from historical processes rather than being inherent. According to them, rights are a result of struggles to end class differences in capitalist societies. Marx identified two main classes: the proletariat (workers) and the bourgeoisie (capitalists). The rise of communism aimed to address these class struggles. Socialism, seen as a step towards communism, focuses on protecting people and ensuring equality. In socialism, fundamental rights are not considered natural but are part of the general laws. People still have property rights, but industries and resources are communally owned and managed by the government. Socialism emphasizes cooperation and believes that everyone should benefit from society's resources. Religious View of Human Rights Most major religions support human rights through their teachings on mercy, kindness, and compassion. For example, Hinduism's Vedas encourage friendly behavior toward all living beings. Christianity teaches equality through verses like "There is neither Jew nor Greek, slave nor free, male nor female, for you are all one in Christ Jesus." Buddhism advocates nonviolence, and other religions like Judaism, Zoroastrianism, Jainism, and Sikhism also support similar human rights principles. Islam, which began in the 7th century and is the second-largest religion, reinforces human rights by teaching that these rights come from Allah. Islamic practices are considered to provide some of the most equitable laws, which have been in place for about 1,400 years. Characteristics of Human Rights The following are the basic characteristics of human rights such as: i. Inherent - All human beings are born with these rights; these are not conferred by any authority. ii. Fundamental - Human Rights are fundamental rights because without them, the life and dignity of man will be meaningless. iii. Inalienable - Human rights cannot be taken from or given away by any human. While its exercise may be regulated or restricted by law, its substance cannot be taken away. iv. Imprescriptible - Human rights do not prescribe or expire. v. Indivisible - Human rights are not capable of being divided. They cannot be denied even when other rights have already been enjoyed. vi. Universal - Human rights apply to all humans, regardless of race, culture, age, sex, or creed. 2 History of Human Rights "Human Rights" is a modern concept that gained attention after World War I. While the idea of rights is ancient, formal human rights protection by the state is recent. In the past, societies needed governments for order, but these were often despotic, including in the Philippines with rulers like datus and rajahs before Spanish colonization. Despotic rulers held vast powers, acting as lawmakers, judges, landowners, and even high priests or deities. By the late 1800s and early 1900s, advancements in science and education empowered people, leading to increased demands for better treatment of workers. This period saw significant conflict but also the emergence of more liberal rulers and democratic governments. Monarchies became more people-oriented, and commoners gained important government roles. Societies grew more liberal and respectful of individual freedoms, and religions began accepting diverse ideas. Many religious educational institutions contributed to early human rights education. The League of Nations was established in the 1920s, and it formalized the principles of sovereignty, independence, and interdependence among its member nations. Following the two world wars, the focus on human rights intensified. The devastating impact of these wars prompted leaders from various countries to unite and form an alliance aimed at maintaining global order by protecting human rights. This led to the adoption of the United Nations Charter on June 26, 1945. Later, on December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. Since then, December 10 has been celebrated as International Human Rights Day. Numerous other treaties and protocols have been established by states, resulting in ten core human rights treaties being recognized today. A Brief History of Human Rights in the Philippines The Philippines experienced 333 years of Spanish colonial rule and 48 years under American rule before gaining independence in 1945. The country was one of the 48 nations that supported the Universal Declaration of Human Rights when it was adopted by the United Nations on December 10, 1948. In 1972, President Marcos declared Martial Law, which led to widespread human rights abuses as part of his strategy to control the population. After Marcos was ousted, the 1987 Philippine Constitution was established under President Cory Aquino. This period also saw the creation of the Commission on Human Rights (CHR) to address the abuses committed during Martial Law. The CHR's mission is to ensure fair treatment, dignity, and protection against abuse for all Filipinos. Human rights issues have remained a significant concern under successive presidents. Efforts to protect and promote human rights in the Philippines continue to be a work in progress. Three Generations of Human Rights 3  i. First-generation (Civil and Political Rights) human rights refer mostly to the political rights and civil liberties found in the International Covenant on Civil and Political Rights (ICCPR), such as the prohibition against searches and seizures, interruption of peaceful meetings, or undue intervention to the freedom of expression. These are "negative" rights in the sense that they prohibit the doing of something. They are the "No one shall" rights. ii. Second-generation (Economic, Social, and Cultural Rights) human rights are "positive" rights that enjoin States to perform an act or do something for the enjoyment of these rights by the people. These are mostly economic, social, and cultural rights found in the International Convention on Economic, Social, and Cultural Rights (ICESCR), such as the right to work, to education, and to food. They are the "State shall" rights. iii. Third-generation (Collective or Solidary Rights) human rights are newly emerging rights, such as the right to development, the right of the people to live in a clean environment, the right to live in peace, etc. These are also known as solidarity rights. II. CLASSIFICATION OF HUMAN RIGHTS A. According to aspects of life: i. Civil Rights - Rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness 1. Right to Life and Security 2. Right to Privacy 3. Right to Free Speech 4. Right to Equal Protection under the law 5. Right to Religion ii. Political Rights - Rights that enable us to participate in running the affairs of the government either directly or indirectly 1. Right to Vote 2. Right to Freedom of Expression 3. Right to Freedom of Assembly 4. Right to Participate in Government 5. Right to Access Public Service iii. Economic Rights - These rights focus on the economic well-being of individuals. 1. Right to work 2. Right to fair wages and equal pay for equal work 3. Right to safe and healthy working conditions 4. Right to form and join trade unions 5. Right to social security 4  iv. Social Rights - These rights address social aspects and ensure individuals have access to essential social services. 1. Right to education 2. Right to health 3. Right to an adequate standard of living 4. Right to food 5. Right to housing v. Cultural Rights - These rights protect individuals' and groups' cultural identities and heritage. 1. Right to participate in cultural life 2. Right to enjoy the arts 3. Right to benefit from scientific progress 4. Right to protection of cultural heritage B. According to source: i. Natural Rights - These are rights believed to be inherent to all humans by virtue of their human nature. They are not granted by any authority but are considered universal and inalienable. Examples include the right to life, liberty, and the pursuit of happiness. ii. Constitutional Rights - These rights are explicitly provided and protected by a nation's constitution. They often outline fundamental freedoms and protections within a country's legal framework, such as freedom of speech or the right to a fair trial. iii. Statutory Rights - These are rights established and regulated by statutes or laws enacted by legislative bodies. They may provide specific protections or benefits beyond those guaranteed by the constitution, such as employment rights or consumer protections. The Importance of Promoting and Protecting Human Rights Human Rights must be promoted and protected because this task lies at the very core of maintaining peace and order, ensuring public safety, and upholding the rule of law in the country. It can be said that Human Rights Protection is the First Business of Policing. III. THEORIES ON SOURCES OF RIGHTS A. Religious and Theological Approach - concept of dignity of man. He possesses dignity as being created in the image of God and it places him with high value. Common creator means common humanity and common fundamental rights. Brotherhood of men. Disadvantage- only stands as long as man believes in God. 5  B. The Natural Law Theory - conduct of men must always conform to the law of nature. This nature is believed to be eternal. Law of right of reason in accordance with the Law of God. The Social impulse to live peacefully and in harmony with others. Whatever is disturbing to social harmony is wrong and unjust. Embodied in Magna Carta of England 1215, 1689 England’s Bill of Rights and American Declaration of Independence 1776. It leaves vague what is part of the law of nations and, therefore is, inalienable. C. Historical Theory - human rights emerged not from the effort of man but that they already existed through the common consciousness of man of what is right and just. They existed gradually, spontaneous, and evolutionary without any arbitrary will of any authority. D. Functional or Sociological Approach- human rights existed as a means of social control. It exists to serve the social interest of the society. Focuses on rights in terms of people’s wants and concern. E. Positivist – all rights and authority come from the state and what officials have promulgated. The only law I what has been commanded by the sovereign. Natural rights are recognized only if they are enforced by the state. F. Marxist Theory- interest of the society over an individual’s interest. Individual freedom is recognized only after the interest of society is served. It is concerned with economic and social rights over civil or political rights of community. G. Theory Based on Equality and Respect- recognition of individual rights in the enjoyment of basic freedoms (speech, religion, assembly, fair trial and access to courts). H. Theory Based on Justice- Each person possesses an inviolability founded on justice. The conception is of fairness and social primary goods and wealth are to be distributed equally. I. Theory Based on Dignity of Man- Based on the premise that human rights means sharing values of all identified policies upon which human rights depend. The ultimate goal is a world community where there is democratic sharing and distribution of values. Referred to as the policy science approach. J. Utilitarian Theory- based on the notion of rights in terms of tendencies to promote specified ends such as the common good. The greatest happiness to the greatest number. Everyone is counted equally but not treated equally. IV. SOURCES OF HUMAN RIGHTS LAW IN THE PHILIPPINES A. International Treaties and Conventions: These are formal agreements between countries that set out human rights standards. Examples include: 6  i. Universal Declaration of Human Rights (1948): A foundational document proclaiming fundamental human rights. ii. International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR): These covenants expand on the rights outlined in the Universal Declaration. iii. The Philippines is a signatory to various international human rights treaties and conventions, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These treaties are incorporated into Philippine law and influence domestic human rights practices. B. Customary International Law: Over time, certain human rights norms become widely accepted as binding, even without formal treaties. These customary laws reflect a broad consensus among nations about fundamental human rights. C. Human Rights Declarations and Resolutions: Documents from international organizations, such as the UN General Assembly’s resolutions, can set standards and express global consensus on human rights issues. D. Philippine Constitution (1987 Philippine Constitution): The primary source of human rights protections in the Philippines, it guarantees various civil, political, economic, social, and cultural rights. Key provisions include the Bill of Rights, which outlines fundamental freedoms and protections. E. Legislation i. Statutory Laws: Philippine laws enacted by Congress that protect human rights, such as the Anti-Torture Act, the Magna Carta for Women, and the Juvenile Justice and Welfare Act. ii. Administrative Orders: Issued by government agencies to implement human rights standards and regulations. F. Judicial Decisions (Supreme Court Rulings): Decisions by the Philippine Supreme Court interpret constitutional provisions and statutory laws, shaping the application and scope of human rights protections in the country. G. Human Rights Commissions (Commission on Human Rights [CHR]): An independent agency established by the Constitution to investigate human rights violations, promote human rights education, and recommend policies for the protection and promotion of human rights. 7  H. Advocacy and Civil Society: Non-governmental organizations (NGOs) and advocacy groups play a vital role in highlighting human rights issues, influencing policy, and pushing for reforms. Who Makes Human Rights Rules? It is the states themselves who make the rules through the development of customs, the development of treaties, and the development of international declarations, guidelines, and bodies of principles. States agree on the content of these sources and agree to be bound by them. In the case of human rights, while it. is individuals and groups who are protected, it is the conduct of states (and state actors) that is regulated. 8 MIDTERMS Topic 1: Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages. The UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels (all containing references to it in their preambles). Historical Context: The Universal Declaration of Human Rights (UDHR) is a document that acts like a global road map for freedom and equality – protecting the rights of every individual, everywhere. It was the first time countries agreed on the freedoms and rights that deserve universal protection in order for every individual to live their lives freely, equ-ally and in dignity. The UDHR was adopted by the newly established United Nations on 10 December 1948, in response to the “barbarous acts which […] outraged the conscience of mankind” during the Second World War. Its adoption recognized human rights to be the foundation for freedom, justice and peace. Work on the UDHR began in 1946, with a drafting committee composed of representatives of a wide variety of countries, including the USA, Lebanon and China. The drafting committee was later enlarged to include representatives of Australia, Chile, France, the Soviet Union and the United Kingdom, allowing the document to benefit from contributions of states from all regions, and their diverse religious, political and cultural contexts. The UDHR was then discussed by all members of the UN Commission on Human Rights and finally adopted by the General Assembly in 1948. The Declaration outlines 30 rights and freedoms that belong to all of us and that nobody can take away from us. The rights that were included continue to form the basis for international human rights law. Structure of UDHR: The UDHR is a milestone document. For the first time, the world had a globally agreed document that marked out all humans as being free and equal, regardless of sex, color, creed, religion or other characteristics. 9  The 30 rights and freedoms set out in the UDHR include the right to be free from torture, the right to freedom of expression, the right to education and the right to seek asylum. It includes civil and political rights, such as the rights to life, liberty and privacy. It also includes economic, social and cultural rights, such as the rights to social security, health and adequate housing. A. Preamble: Sets out the philosophical basis for the declaration, emphasizing the inherent dignity and equal rights of all members of the human family as the foundation of freedom, justice, and peace in the world. B. Articles: The 30 articles cover a wide range of rights including: Civil and Political Rights: Right to life, liberty, and security; freedom from slavery and torture; right to a fair trial; freedom of thought, conscience, and religion. Economic, Social, and Cultural Rights: Right to work, education, and participation in cultural life. Significance: A. Foundation for International Law: Although not legally binding, the UDHR has inspired over 70 human rights treaties, which together constitute a comprehensive system of legally binding treaties for the promotion and protection of human rights. B. Global Influence: The principles set out in the UDHR have been integrated into the constitutions and laws of many countries and have become a benchmark for measuring respect for and compliance with international human rights standards. Watch: https://www.youtube.com/watch?v=5RR4VXNX3jA&t=98s (Universal Declaration of Human Rights, UN Human Rights) Discussion Questions: How did the historical context of World War II influence the creation of the UDHR? Which articles of the UDHR do you think are most relevant to current global issues? Topic 2: Where Do Universal Rights Begin? Eleanor Roosevelt, a pivotal figure in the drafting of the UDHR, gave a speech in 1958 where she posed the question of where human rights begin. Her insights highlight the importance of recognizing human rights in everyday life. Where, after all, do universal human rights begin? In small places, close to home— so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal 10  dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. — Eleanor Roosevelt, 1958 Eleanor Roosevelt's Contribution: 1. Role in UDHR: As the Chairperson of the UN Commission on Human Rights, Roosevelt played a crucial role in drafting the UDHR. 2. Advocacy: She was a tireless advocate for human rights, emphasizing the need for universal respect and observance of these rights. Speech Highlights: A. Human Rights Begin at Home: Roosevelt emphasized that human rights begin in small places close to home – in neighborhoods, schools, and workplaces – places so close and small that they cannot be seen on any maps. B. Grassroots Level: She stressed that unless these rights have meaning in these small places, they have little meaning anywhere. Practical Application: A. Everyday Life: Recognizing that the promotion and protection of human rights start with individual actions and community efforts. B. Empowerment: Encouraging individuals to stand up for their own rights and those of others, fostering a culture of respect and dignity. Watch : https://www.youtube.com/watch?v=KDPriYA3E4I (Everyone Has the Right: Eleanor Roosevelt and the Universal Declaration of Human Rights FDRLibrary) Discussion Questions: What does Eleanor Roosevelt mean by saying that human rights begin in “small places, close to home”? How can individuals and communities contribute to the protection of human rights? Topic 3: Universal Declaration of Human Rights Official Document The Universal Declaration of Human Rights (UDHR) is a pivotal document that was adopted by the United Nations General Assembly on December 10, 1948. It serves as a comprehensive statement of inalienable rights to which all humans are entitled, regardless of nationality, ethnicity, religion, gender, or any other status. This document articulates fundamental human rights that are universally protected and provides a common standard for all nations. Key points about the UDHR: 1. Foundation of Human Rights: The UDHR lays down the foundational principles of human rights, establishing the inherent dignity and equal and inalienable rights of all members of the human family as the basis for freedom, justice, and peace in the world. 11  2. Universal Applicability: The rights enumerated in the UDHR apply to every individual, everywhere, without discrimination. It emphasizes that human rights are universal and must be protected universally. 3. Comprehensive Coverage: The UDHR covers a wide range of rights, including civil, political, economic, social, and cultural rights. It addresses issues such as the right to life, liberty, and security; freedom of speech, assembly, and religion; the right to work, education, and an adequate standard of living; and protection against torture and arbitrary detention. 4. Cornerstone of International Human Rights Law: Since its adoption, the UDHR has become a cornerstone of international human rights law. It has influenced the development of numerous international treaties, regional human rights instruments, and national constitutions and laws. Documents such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) build upon the principles enshrined in the UDHR. 5. Moral and Legal Influence: While the UDHR itself is not a legally binding document, it has significant moral and legal influence. It sets a standard of achievement for all peoples and nations, encouraging governments to recognize and enforce the rights it outlines. Over time, many of its provisions have become part of customary international law, which means they are recognized as binding even without a specific treaty. 6. Ongoing Relevance: The UDHR remains highly relevant today as a reference point in human rights advocacy and a guide for addressing contemporary issues such as digital privacy, migration, and climate justice. It continues to inspire movements and individuals around the world in their fight for equality and justice. The UDHR is a landmark document that articulates the fundamental rights and freedoms to which every person is entitled. Its comprehensive nature and universal applicability have made it a cornerstone of international human rights law, influencing both legal standards and moral values globally. Contents of UDHR A. Preamble: Necessity of the Declaration: The preamble explains the importance of recognizing the inherent dignity and equal and inalienable rights of all members of the human family as the foundation of freedom, justice, and peace. B. Articles 1-30: 1. Civil and Political Rights: Include rights such as equality before the law, freedom from arbitrary arrest and detention, and the right to a fair trial. 2. Economic, Social, and Cultural Rights: Include the right to social security, work, rest and leisure, education, and participation in cultural life. 3. Right to Equality: Article 1 declares that all human beings are born free and equal in dignity and rights. Legal Status: Not Legally Binding: While the UDHR itself is not a treaty and thus not legally binding, it has influenced many binding international treaties and national laws. Influence on Law: Many international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), draw heavily from the UDHR. 12 Watch: https://www.youtube.com/watch?v=uA1IZkWycMk (UDHR @ 70: The History, UN Human Rights) Discussion Questions: Which articles of the UDHR are particularly relevant to criminology and the criminal justice system? How has the UDHR influenced international and national law? Topic 4: Human Rights Organizations and Inter-Government and Government Bodies Concerned with Human Rights Numerous organizations and bodies are dedicated to the promotion and protection of human rights at both international and national levels, working to ensure that the principles enshrined in documents like the Universal Declaration of Human Rights (UDHR) are upheld globally. These organizations often collaborate on various initiatives, campaigns, and projects to maximize their impact. They engage in advocacy, litigation, education, and direct action to promote human rights. International bodies may provide frameworks and support, while national and local organizations implement and adapt these initiatives to their specific contexts, ensuring that human rights principles are applied effectively on the ground. Through their combined efforts, these organizations work to create a more just and equitable world where the rights of all individuals are respected and protected. 1. United Nations (UN): The UN plays a central role in promoting human rights through various bodies and initiatives: a. Office of the High Commissioner for Human Rights (OHCHR): Is the leading United Nations entity in the field of human rights, with a unique mandate to promote and protect all human rights for all people. This office is responsible for promoting and protecting human rights globally, providing support to other UN bodies, and engaging in country-specific human rights issues. b. Human Rights Council (HRC): Is an intergovernmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and making recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the United Nations Office at Geneva (UNOG). c. United Nations Children’s Fund (UNICEF): UNICEF works with partners around the world to promote policies and expand access to services that protect all children. It focuses on the rights of children, providing humanitarian and developmental aid to children worldwide. d. United Nations Development Programme (UNDP): Works to eradicate poverty and reduce inequalities through the sustainable development of nations, with a strong focus on human rights. 13 2. International Non-Governmental Organizations (INGOs): a. Amnesty International: A global movement campaigning to end abuses of human rights, advocating for justice, fairness, and freedom worldwide. Amnesty International have a vision of a world where everyone can enjoy the human rights enshrined in the Universal Declaration of Human Rights and other international human rights mechanisms. b. Human Rights Watch: Conducts research and advocacy on human rights, documenting violations and pressing for change. Human Rights Watch investigates and reports on abuses happening in all corners of the world. Roughly composed of 550 plus people of 70-plus nationalities who are country experts, lawyers, journalists, and others who work to protect the most at risk, from vulnerable minorities and civilians in wartime, to refugees and children in need. HRW direct its advocacy towards governments, armed groups and businesses, pushing them to change or enforce their laws, policies and practices. To ensure its independence, it refuse government funding and carefully review all donations to ensure that they are consistent with their policies, mission, and values. They partner with organizations large and small across the globe to protect embattled activists and to help hold abusers to account and bring justice to victims. c. International Federation for Human Rights (FIDH): Is an international human rights NGO federating 188 organizations from 116 countries. Since 1922, FIDH has been defending all civil, political, economic, social and cultural rights as set out in the Universal Declaration of Human Rights. 3. Non-Governmental Organizations (NGOs): a. Free Legal Assistance Group -Free Legal Assistance Group (FLAG) is a human rights lawyers NGO committed to the protection and promotion of human rights and civil liberties in the Philippines. They advocate against political repression, police and military abuses, and death penalty. FLAG is a leading NGO in prosecuting military and policemen and these actions have led to some landmark decisions before the courts. FLAG also incorporates the educative role of lawyers in their work with ‘’ a belief that the legal process is but part of a larger process that should involve those who are directly affected by a problem’’. b. KARAPATAN- was founded in 1995 as an alliance of groups, organizations and individuals working for the promotion and protection of human rights in the Philippines. They conduct several programs to raise awareness about human rights in the country, including education and training, services programs, documentation and research, and networking. However, a large portion of KARAPATAN’s work involves campaigning and advocacy through which they seek to develop a strong public opinion and support for human rights issues and concerns. To achieve this, they lobby for the defense and promotion of human rights and disseminate information about the importance of human rights. c. Philippine Human Rights Information Center -popularly known and PhilRights was founded by the PAHRA in 1991 as the research and information human rights NGO, and since then they gained a special consultative status with the UN ECOSOC and the UNDPI. They conduct research and produce studies on terrorism, child soldiers, the death penalty, poverty and other pressing human rights issues in the Philippines. They also provide human rights education programs and trainings and document the 14  cases of human rights violations, all while providing long-term support to victims of human rights violations and their families. 4. Government Bodies: a. Commission on Human Rights (CHR) is an independent National Human Rights Institution (NHRI) created under the 1987 Philippine Constitution, established on 05 May 1987 by virtue of Executive Order No. 163. The Commission is mandated to conduct investigations on human rights violations against marginalized and vulnerable sectors of the society, involving civil and political rights. CHR is an “A” accredited NHRI, fully complying with the Paris Principles adopted by the United Nations General Assembly in 1995. As an NHRI, the Commission upholds six fundamental characteristics — independence, pluralism, broad mandate, transparency, accessibility, and operational efficiency. The Commission commits to deliver prompt, responsive, accessible, and excellent public ser vice for the protection and promotion of human rights in accordance with universal human rights principles and standards. Discussion Questions: What roles do NGOs play in the protection of human rights that might differ from inter- governmental bodies? How can government bodies at the national level ensure the protection of human rights within their jurisdictions? Sources, Further Reading and Resources: WHAT IS THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND WHY WAS IT CREATED? (https://www.amnesty.org/en/what-we-do/universal-declaration-of-human- rights/) Universal Declaration of Human Rights (https://www.un.org/en/about-us/universal- declaration-of-human-rights) 15 PRE-FINAL 1. HUMAN RIGHTS IN THE PHILIPPINES The Philippines has gone through a period of colonialism that lasted for 333 years under Spanish colonialism and 48 years under American rule. The country gained its independence from American colonialism in 1945. The Universal Declaration of Human Rights was adopted by the general assembly of the United Nations as a UN Resolution on December 10, 1948, and the Philippines is one of the 48 countries who voted in favor of the declaration. In 1972, the Philippines was placed under Martial Law under the late President Marcos's dictatorship. Human rights violation became an integral element in the strategy of controlling the citizens of the country. After the end of the Marcos regime, the 1987 Philippine Constitution was drafted, under the new administration of the late President Cory Aquino. The Commission on Human Rights, or CHR, was created in response to human rights violations committed during the Martial Law. The mission of this commission is to promote equal treatment and opportunity among Filipinos, to provide a life of dignity, and to protect against abuse and oppression. Currently, the sources of Human Rights jurisprudence in the Philippines are the Philippine Constitution, legislative enactments, Supreme Court rules, rulings and orders, and executive issuances. All the three (3) departments of government are actively involved in the policymaking aspect of human rights protection. 2. PRACTICES OF HUMAN RIGHTS IN THE PHILIPPINES a. Philippine Constitution – contains the Bill of Rights; lays down the bases for all the civil, political, economic, social and cultural rights of persons. b. Rights of the Child i. RA 9344 – Juvenile Justice and Welfare Act of 2006 ii. RA 7610 – Law Against Child Abuse iii. RA 9231 – Elimination of the Worst Forms of Child Labor c. Rights of Women i. RA 9262 – Anti-Violence Against Women and Their Children ii. Magna Carta of Women iii. RA 10364 – The Expanded Anti-Trafficking in Persons Act of 2012 iv. RA 7877 – Law Against Sexual Harassment d. Rights of Lesbian, Gay, Bisexual and Transgender Persons (LGBT) i. Ang Ladlad vs. COMELEC, April 8, 2010, G.R. No. 190582 e. Rights of Senior Citizens 16  i. RA 7432 in relation to RA 9994 – Senior Citizen’s Act ii. RA 7876 – Senior Citizen Center Act f. Rights of Disabled Persons i. Magna Carta of Disabled Persons ii. RA 10070 – Act requiring the creation of Persons with Disability Affairs Office (PDAO) by the local government units iii. RA 9442 – Law Amending the Magna Carta of Disabled Persons g. Rights of Workers and Laborers i. PD 442 – Labor Code of the Philippines, incorporating the New Labor Relations Law and the prohibition on Discrimination Against Women ii. RA 8024 in relation to RA 10022 iii. RA 8187 – Paternity Leave h. Right to Social Security i. RA 8282, amending RA 1161 – Social Security Law ii. RA 8291 – Government Service Insurance System Act i. Right to Health i. RA 7875 – National Health Insurance Act j. Right to a Healthy Environment i. Oposa v. Factoran, July 30, 1993, G.R. No. 101083 k. Right to Privacy i. SC A.M. No. 08-1-16-SC – The Rule on Habeas Data ii. RA 9995 – Anti-Photo and Video Voyeurism Act iii. RA 101073 – Data Privacy Act of 2012 l. Right to Life, Liberty and Security i. RA 9745 – Anti-Torture Act ii. The Anti-Enforced or Involuntary Disappearance Act of 2012 m. Remedies of unjustly arrested and/or detained persons i. Habeas Corpus, Rule 102, Rules of Court (ROC) ii. RA 10368 – Human Rights Victims Reparation and Recognition Act of 2013 n. Rights of accused, victims and witnesses of crimes i. RA 6981 – Witness Protection Act ii. RA 9346 – Law Abolishing Death Penalty iii. Bill of Rights, Philippine Constitution iv. Rule 115, Revised Rules of Court (ROC) o. Human Rights mechanisms i. EO 163 – Creating the Commission on Human Rights 3. INDIGENOUS PEOPLE AND THEIR RIGHTS Indigenous peoples - "a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non- indigenous religions and cultures, became historically differentiated from the majority of Filipinos" (IPRA 1997) 17  The Philippines is a culturally diverse country with an estimate of more than 10 million Indigenous Peoples (IPs) belonging to 110 ethno-linguistic groups. This number represents nearly 14% of the country's population. They are mainly concentrated in Northern Luzon (Cordillera Administrative Region, 33%) and Mindanao (61%), with some groups in the Visayas. They are among the poorest and the most disadvantaged social groups in the country, with illiteracy, unemployment, and incidence of poverty being much higher than the rest of the population. 4. THE INDIGENOUS PEOPLES' RIGHTS ACT (IPRA) OF 1997 The 1987 Philippine Constitution mandated state recognition, protection, promotion, and fulfillment of the rights of Indigenous Peoples. To achieve this, the Philippine Congress enacted Republic Act 8371, also known as the "Indigenous Peoples Rights Act" (or IPRA), which recognized the right of indigenous peoples to manage their ancestral domains. With the passage of IPRA in 1997, the law recognized the rights of indigenous peoples over their ancestral domains and ancestral lands. According to the IPRA, our indigenous peoples have the following rights to their ancestral domains: (a) right of ownership; (b) right to develop lands and natural resources; (c) right to stay in the territories; (d) right in case of displacement, (e) right to safe and clean air and water; (f) right to claim parts of reservations; and (g) right to resolve conflicts. See also: The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Agenda 2030, and the Sustainable Development Goals (SDGs) 5. NATIONAL COMMISSION ON INDIGENOUS PEOPLES NCIP is the primary government agency that formulates and implements policies, plans, and programs for the recognition, promotion, and protection of the rights and wellbeing of Indigenous Peoples (IPs), and the recognition of their ancestral domains and their rights to those domains. The mandate of the organization is to protect and promote the interest and wellbeing of the Indigenous Cultural Communities/Indigenous Peoples (ICCS/IPs) with due regard to their beliefs, customs, traditions, and institutions. 18  The NCIP was created in 1997 under R.A. No. 8371. It works to achieve technically sound and authentic titles, sustainable and culture sensitive plans, responsive and culture-sensitive programs and projects, feasible and mission-driven regulations, and expeditious and fair legal services. Whenever possible, it promotes IP consultative mechanisms and bodies at the provincial, regional, and national levels. 6. HUMAN RIGHTS VIOLATIONS The human rights situation in the Philippines remains dire amid extrajudicial killings, attacks against political activists and journalists, and abuses committed during the armed conflict with the 54-year-old communist insurgency. The government has increasingly constricted democratic space by using the justice system to target leftist activist groups. See: i. Extrajudicial killings ii. Impunity iii. Repression of dissent (red tagging) iv. Violations on the Freedom of Expression v. Enforced Disappearances Also see: Vision 2040 (Vision 2040 is a statement of where Filipinos aspire to be in 25 years. It is a set of goals identified by the public for themselves, their children, their community. and the country.) 7. HUMAN RIGHTS INITIATIVES a. UN Joint Program on Human Rights (2021) b. Universal Periodic Review and engagement with UN Treaty Bodies c. Recent laws passed and amendments made to human rights statutes d. Jail Congestion and Persons Deprived of Liberty (PDLs) initiatives e. The establishment of the National Preventive Mechanism f. Initiatives from the Commission on Human Rights (CHR) 8. BILL OF RIGHTS Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of 19 whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 3. 1. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. 2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9. Private property shall not be taken for public use without just compensation. Section 10. No law impairing the obligation of contracts shall be passed. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. 20  1. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. 2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. 3. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. 4. The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Section 14. 1. No person shall be held to answer for a criminal offense without due process of law. 2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. Section 18. 1. No person shall be detained solely by reason of his political beliefs and aspirations. 21  2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. 1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. 2. The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted. 9. THE COMMISSION ON HUMAN RIGHTS (CHR) The Commission on Human Rights (CHR) is an independent National Human Rights Institution (NHRI) created under the 1987 Philippine Constitution, established on 05 May 1987 by virtue of Executive Order No. 163. The Commission is mandated to conduct investigations on human rights violations against marginalized and vulnerable sectors of the society, involving civil and political rights. CHR is an “A” accredited NHRI, fully complying with the Paris Principles adopted by the United Nations General Assembly in 1995. As an NHRI, the Commission upholds six fundamental characteristics — independence, pluralism, broad mandate, transparency, accessibility, and operational efficiency. The Commission commits to deliver prompt, responsive, accessible, and excellent public ser vice for the protection and promotion of human rights in accordance with universal human rights principles and standards. FUNCTIONS OF THE CHR Under Section 18, Article XIII of the 1987 Constitution, the Commission on Human Rights shall have the following powers and functions: a. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; 22  b. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court; c. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under- privileged whose human rights have been violated or need protection; d. Exercise visitorial powers over jails, prisons, or detention facilities; e. Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights; f. Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families; g. Monitor the Philippine Government’s compliance with international treaty obligation on human rights; h. Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority; i. Request the Assistance of any department, bureau, office, or agency in the performance of its functions; j. Appoint its officers and employees in accordance with law; and k. Perform such other duties and functions as may be provided by law. 10. MEMBERS OF THE COMMISSION ON HUMAN RIGHTS REPUBLIC OF THE PHILIPPINES The Sixth Commission Chairperson: Hon. Richard P. Palpal-Latoc Commissioners: Hon. Beda A. Epres Hon. Faydah Maniri Dumarpa Hon. Monina Arevalo Zenarosa 23 11. PROCEDURE FOR FILING OF COMPLAINTS CHR recognizes the importance of maintaining a customer assistance and information system to ensure that citizens’ concerns, complaints, and grievances against CHR services and officials and employees are immediately, efficiently, and responsibly addressed or referred to the proper offices. Office or Division: Citizens’ Help and Assistance Division (CHAD) Classification: Simple Transaction Type of Transaction: G2C – Government to Citizens, and G2G – Government to Government Who may avail: Individuals/Organizatons Checklist of Requirements 1. Letter/Accomplished Feedback Form (Secure a copy from CHAD/PACD Office) 2. Complaint Letter/Accomplished Feedback From 3. Assessed Feedback Form; Complaint Letter 24 25 FINAL I. HUMAN RIGHTS IN LAW ENFORCEMENT DEFINITION OF TERMS Equal Protection - Everyone is entitled to equal protection of the law, without discrimination on any grounds, and especially against violence and other threats. Be especially vigilant to protect potentially vulnerable groups such as children, the elderly, women, refugees, displaced persons, and members of minority groups. Respectful Treatment- Treat all citizens and victims of crime with compassion and respect, with utmost consideration for their need for safety and privacy. Use of Force - Do not use force, except when strictly necessary and to the minimum extent required under the circumstances. Arresting Persons on Legal Grounds - Arrest persons only if there are legal. grounds to do so, and the arrest is carried out in accordance with lawful arrest procedures. Detainee's Rights - Ensure that all detainees, immediately after their arrest, have access to their family and lawyer. They must also be given immediate medical assistance whenever necessary. State Obligations in Human Rights Obligation to Respect Human Rights: Refrain from illegal and disproportionate actions. Avoid unnecessary interferences, such as with privacy and home sanctity. Law enforcement must conduct searches without fully invading privacy. Searches during lawful arrests should be limited to finding weapons to protect the officer. Cooperation from the arrested person is also important for effective law enforcement. Obligation to Protect Human Rights: Take action through laws, policies, and judicial decisions to ensure everyone's human rights are protected. For instance, under Republic Act No. 7438, the state must protect the rights of people under arrest and investigation, such as the right to a speedy trial 26  and the right to bail. These protections are guaranteed by the 1987 Constitution. Obligation to Fulfill Human Rights: Take positive steps to help people enjoy their basic human rights. For example, under Republic Act No. 9344, children involved in crimes are treated differently from adults. Their records from crimes committed as minors are not disclosed in adulthood. This allows them to reform without discrimination. For instance, if a person committed theft at 16, they can later apply for a police job without needing to disclose this past offense. Constitutional & Legal Bases of Human Rights Protection The Government exists to maintain peace and order, and protect life, liberty, and property, as well as promote the general welfare of the people (1987 Philippine Constitution Article 2, Section 4-5). The State is responsible for promoting social justice and recognizes the value of human dignity and respect for human rights (1987 Philippine Constitution Article 2, Sections 10- 11). The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. (1987 Philippine Constitution Article 2, Section 22). The State recognizes, promotes, and protects the rights of all citizens as defined in the Bill of Rights. (1987 Philippine Constitution Article 3, Section 1-22). Congress shall give the highest priority to the enactment of measures that protect and enhance the rights of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. (1987 Philippine Constitution Article I3, Section 1). The State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development. (1987 Philippine Constitution Article 15, Section 3). Other sections of the 1987 Philippine Constitution and laws like R.A. 7438 (which covers the rights of people who are arrested or investigated), R.A. 9262 (which addresses violence against women and children), and R.A. 9344 (which focuses on juvenile justice) aim to protect the rights of everyone in the Philippines. 27  The United Nations also prescribe the following eight (8) articles of the U.N. Code of Conduct for Law Enforcement Officials: 1. Always perform duties under the law. 2. Respect and safeguard human rights. 3. Use force only when strictly necessary. 4. Respect confidentiality. 5. Never inflict any act of torture or ill-treatment. 6. Safeguard the health of all those in custody. 7. Never commit any act of corruption. 8. Respect the law and this Code. II. INVOLVEMENT OF THE PHILIPPINE NATIONAL POLICE IN THE PROTECTION OF HUMAN RIGHTS IN THE PHILIPPINES Under the PNP Guidebook on Human Rights-Based Policing, human rights are emphasized in the following PNP doctrine, code of conduct, and policies: The PNP Ethical Doctrine states that “all members of the Philippine National Police… shall serve with utmost responsibility, integrity, morality, loyalty, and efficiency with due respect to human rights and dignity as hallmarks of a democratic society” (PNP Ethical Doctrine Manual, Chapter I, Section 2, DHRDD 1995 Edition). The PNP Code of Professional Conduct and Ethical Standards expressly cites respect for human rights as a high standard that must be maintained during the performance of police duties (Chapter III, para 2.9) Letter of Instructions 55/07 (LOI Pamana) states that “members of the Philippine National Police shall embrace the highest principles of the Universal Declaration of Human Rights. It also emphasizes that respect for human rights and dignity shall apply to everyone including all members of the police service, regardless of education, gender, religion, political beliefs, and all other types of status. Letter of Instructions 55/07 (LOI Pamana) states that “members of the Philippine National Police shall embrace the highest principles of the Universal Declaration of Human Rights. It also emphasizes that respect for human rights and dignity shall apply to everyone including all members of the police service, regardless of education, gender, religion, political beliefs, and all other types of status. PNP Core Values seek to instill in all PNP personnel a godly (Makadiyos) and humane (Makatao) thoughts and behavior in both their official and private life. Being godly and humane entails having a genuine understanding and respect for human rights. 28 Police Obligations in Human Rights When police officers arrest someone, they interfere with that person's right to personal liberty and security. The purpose of an arrest is to protect others or enforce the law, and it must always be legally justified. "Police" refers to all law enforcement officials making arrests under Rule 113 of the Rules of Court, specifically Section 5, which covers warrantless arrests: Section 5: Lawful Warrantless Arrests A peace officer or private person can arrest someone without a warrant: (a) If the person is caught committing, about to commit, or has just committed an offense in their presence. (b) If an offense has just been committed and the officer has probable cause, based on personal knowledge, to believe the person committed it. (c) If the person is an escaped prisoner from a penal establishment or temporary confinement. In situations described in (a) and (b), the person arrested without a warrant must be immediately taken to the nearest police station or jail and processed according to Section 7 of Rule 112. Here are some examples of the application of Human Rights' principles that call for protection and respect by police authorities: Human rights Life Police should case of Police should not threats to life and property Life Take appropriate action in Use excessive lethal force Freedom from treatment Act on domestic violence Intimidate during torture and ill swiftly interrogation and use ground(s) excessive physical force Personal liberty and fair Uphold and respect the trial person's right to be of the 29  nature and cause of arrest/accusation Peaceful assembly Maintain peace and order Unlawfully disperse or low or no tolerance Role of Police Officers in Human Rights in the Philippines 1. Respect and Protect Human Rights: a. Police officers must respect and protect the dignity and rights of all individuals. b. They should avoid illegal or disproportionate actions and unnecessary interferences, such as with privacy. 2. Accountability: a. Law enforcement agencies must be accountable to the community. b. Effective mechanisms should be in place for internal discipline, external control, and supervision. 3. Responsibility of Superior Officers: a. Superior officers are responsible for preventing abuses if they knew or should have known about them. b. Officers must be protected from prosecution for refusing unlawful orders from superiors. c. Following superior orders is not a valid defense for human rights violations. 4. Reporting Violations: a. Police officers must report any suspected or known violations. b. There should be a system for the public to file complaints against law enforcement officials. c. These provisions must be well-publicized to ensure public awareness. 5. Thorough Investigations: a. Investigations into violations must be prompt, competent, thorough, and impartial. b. The aim should be to identify victims, recover and preserve evidence, determine the cause, manner, and time of the violation, and identify and apprehend perpetrators. c. Crime scenes should be carefully processed to ensure all evidence is collected. 30  6. Community Partnership: a. Police should work in partnership with the community for crime prevention and detection. b. A community relations policy and action plan should be developed, respecting the diverse cultures within the community. c. Public outreach programs are essential for connecting with the community. 7. Training and Education: a. Police officers should be trained on human rights and cultural sensitivity. b. Continuous education is necessary to ensure they are updated on human rights standards and practices. III. LIMITATION OF HUMAN RIGHTS BY A POLICE OFFICER THAT IS ALLOWED UNDER THE LAW Legal Conditions for Limiting Human Rights of Suspected Criminals by Police in the Philippines Police officers in the Philippines may limit the human rights of suspected criminals under certain legal conditions to ensure public safety, enforce laws, and maintain order. Here are the primary ways they can do this: Arrest and Detention 1. Arrest Without a Warrant: Caught in the Act: Police can arrest someone without a warrant if they are caught committing, about to commit, or have just committed an offense. Probable Cause: If an offense has just been committed, and the officer has probable cause to believe the suspect committed it based on personal knowledge. Escaped Prisoner: If the person is an escaped prisoner from a penal establishment or temporary confinement. 2. Custodial Investigation: Detention: Suspects can be detained for questioning. During this time, their right to liberty is limited. Rights During Custodial Investigation: They have the right to remain silent, have legal counsel, and be informed of these rights. Any evidence obtained in violation of these rights is inadmissible in court. Search and Seizure 1. Search Incidental to Arrest: 31  Police can conduct a search of the suspect's person and immediate surroundings without a warrant to find weapons or evidence. 2. Search Warrants: For searches beyond the immediate area of arrest, police need a search warrant issued by a judge based on probable cause. Use of Force 1. Reasonable Force: Police are permitted to use reasonable force to apprehend suspects, ensure public safety, and protect themselves and others. The force used must be proportional to the threat posed by the suspect. Interrogation 1. Rights During Interrogation: Suspects have the right to legal counsel and the right to remain silent. Any form of coercion, torture, or inhumane treatment is prohibited. Pre-Trial Detention 1. Detention Pending Trial: Suspects can be held in detention while awaiting trial if they are deemed a flight risk, pose a danger to the community, or if there is a likelihood they may tamper with evidence or influence witnesses. Detention conditions must comply with human rights standards to avoid inhumane treatment. Preventive Measures 1. Curfews and Checkpoints: In certain situations, police may impose curfews and set up checkpoints to prevent crime, which can temporarily limit the freedom of movement. Community Safety Initiatives 1. Surveillance: Police may conduct surveillance on individuals suspected of criminal activity to prevent crimes, though this must be done within legal boundaries to respect privacy rights. Legal Protections and Remedies 1. Right to Bail: 32  Suspects generally have the right to bail unless charged with a capital offense or an offense punishable by reclusion perpetua when evidence of guilt is strong. 2. Judicial Oversight: All actions by police that limit human rights are subject to judicial review to ensure they comply with legal standards and human rights protections. Police actions that limit human rights must always be justified, proportionate, and conducted within the bounds of the law to ensure the protection of both public safety and individual rights. IV. LIABILITIES OF POLICE IN VIOLATING HUMAN RIGHTS IN THE PHILIPPINES Police Violation Law enforcement officials must respect and protect human dignity and uphold everyone's human rights. They must be accountable to the entire community. Effective mechanisms should be in place for internal discipline, external control, and supervision of law enforcement officials. Superior officers are responsible for abuses if they knew or should have known about them and did nothing. However, law enforcers should be protected from prosecution or discipline for refusing unlawful orders from superiors. Following orders is not a valid defense for police violations. Law enforcement officials who suspect a violation has occurred or is about to occur must report it. There should be provisions for the public to file complaints against law enforcement officials, and these provisions should be well-publicized. Investigations into violations must be prompt, competent, thorough, and impartial. They should aim to identify victims, recover and preserve evidence, determine the cause, manner, and time of the violation, and identify and apprehend perpetrators. Crime scenes must be carefully processed. Consequences of Human Rights Violations by Police Officers in the Philippines 1. Legal Accountability: 33  Criminal Charges: o Torture and Physical Abuse: Under Republic Act No. 9745 (Anti- Torture Act of 2009), officers can face imprisonment of up to 12 years for committing acts of torture. o Unlawful Arrest and Detention: Officers can be charged under the Revised Penal Code for arbitrary detention, facing imprisonment of up to 12 years. Administrative Sanctions: o Dismissal from Service: The National Police Commission (NAPOLCOM) can dismiss officers found guilty of human rights violations. o Suspension and Demotion: Officers may be suspended without pay or demoted as part of disciplinary actions. 2. Civil Liability: Compensation for Victims: Victims can file civil suits under the Civil Code of the Philippines (Articles 32 and 2219) to claim damages for physical and emotional harm, with potential compensation ranging from thousands to millions of pesos. 3. Internal Disciplinary Measures: Internal Investigations: The Philippine National Police (PNP) Internal Affairs Service (IAS) conducts investigations. Findings can lead to disciplinary actions such as reprimand, suspension, or dismissal. Supervisory Accountability: Superior officers who fail to prevent or address abuses can be held accountable under the "Command Responsibility" doctrine, facing similar disciplinary actions. 4. Loss of Public Trust: Community Relations: Incidents of police brutality or misconduct can lead to protests, community unrest, and decreased cooperation with police activities. Reputation Damage: The PNP’s overall image and the credibility of its officers can suffer, impacting their effectiveness in law enforcement. 5. International Repercussions: Human Rights Reviews: The Philippines may be subject to critical reviews by international bodies such as the United Nations Human Rights Council (UNHRC). Sanctions and Aid Restrictions: Persistent violations can lead to sanctions from foreign governments, affecting economic aid and trade relations. 34  Key Human Rights Violations for Police to Address in the Philippines In the Philippines, police should be especially concerned about various human rights violations, including: 1. Extrajudicial Killings (EJKs): These are unlawful killings carried out without legal proceedings, often linked to the war on drugs. 2. Enforced Disappearances: This involves the secret detention of individuals by state authorities or their agents, followed by a refusal to acknowledge their whereabouts. 3. Torture and Ill-Treatment: This includes any form of physical or psychological abuse inflicted by law enforcement or other authorities. 4. Arbitrary Arrests and Detentions: Arrests and detentions carried out without sufficient legal grounds or due process. 5. Violations of Freedom of Expression: Restrictions or threats against individuals expressing dissent or criticism, including journalists and activists. 6. Rights of Indigenous Peoples: Violations related to displacement, land grabbing, and lack of recognition of their rights and cultural practices. 7. Gender-Based Violence: This includes violence and discrimination based on gender, including domestic violence and abuses against women and LGBTQ+ individuals. V. COMMUNITY BASED POLICIES FOR THE PROMOTION OF HUMAN RIGHTS IN THE PHILIPPINES The Community’s Role in the Criminal Justice System The community is a crucial part of the criminal justice system and plays an important role in law enforcement. Human rights policies recognize this role, making it essential to create a partnership between the police and the community for both crime prevention and detection. Law enforcement and the community should develop a community relations policy and action plan that involves all sectors and respects the diverse cultures of each 35  community. Public information and outreach programs are vital for connecting with the community. In some countries, officers are assigned to specific neighborhoods. The community should actively participate in identifying issues and use creative problem-solving to develop responses, including nontraditional tactics and strategies. Additionally, the community should coordinate its policies, strategies, and activities with other government and non-government organizations and agencies. VI. CURRENT STATUS OF HUMAN RIGHTS IN THE PHILIPPINES IN 2024 The human rights situation in the Philippines is still very serious, with ongoing extrajudicial killings, attacks on political activists and journalists, and abuses related to the long-running conflict with communist insurgents. The government is increasingly using the justice system to target leftist activist groups, limiting democratic freedoms. President Ferdinand Marcos Jr. has taken a more moderate stance on human rights compared to his predecessor, Rodrigo Duterte, whose brutal "war on drugs" resulted in thousands of deaths. Marcos has shown support for human rights on international platforms and has started working more openly with international bodies, including inviting UN human rights experts to the country. However, the Philippine government is not cooperating with the International Criminal Court (ICC) investigation into possible crimes against humanity related to Duterte’s drug war and his time as mayor of Davao City. In January 2023, the ICC resumed its investigation after the Philippine government requested a delay to handle it nationally. The government argued that the ICC should not have jurisdiction after the country withdrew from the court’s treaty in March 2019. In July 2023, the ICC upheld its decision to continue the investigation, moving closer to seeking justice for victims of the drug war. Extrajudicial Killings Under President Ferdinand Marcos Jr., the “drug war” initiated by his predecessor Rodrigo Duterte has not ended. Law enforcement continues to conduct raids based on Duterte’s policies. Officially, the “drug war” has resulted in 6,252 deaths from July 1, 2016, to May 31, 2022, with thousands more killed by unidentified gunmen. The government has not updated these numbers since May 2022. While killings have decreased since Marcos took office on June 30, 2022, they persist. Monitoring by the University of the Philippines Third World Studies Center shows more drug-related killings occurred in Marcos's first year than in Duterte’s last year. As of November 15, 471 people have been killed in drug-related violence under Marcos, committed by both law enforcers and unknown assailants. Many of 36 these cases remain unsolved. In Davao City, a known hotspot for drug-related killings, the police have been the main perpetrators. Political violence has also been a concern, especially during elections. On March 4, former military personnel attacked the home of Negros Oriental governor Roel Degamo, killing him and nine others. This incident is the worst political violence since the Maguindanao Massacre of 2009. Journalists have been targeted as well. Under Marcos, four journalists have been killed, raising the total to 177 since democracy was restored in 1986. The most recent victim was broadcaster Cresenciano Bunduquin, killed on May 31. The murder of radio commentator Percy Mabasa in October 2022 remains unsolved. Insurgency-related killings have worsened, particularly in Negros, a long-time stronghold of the communist movement. In June, a couple and their two children were killed in Negros Occidental after the military accused them of working for the New People’s Army (NPA). Children have also been victims of security force operations. In August, police shot and killed 17-year-old Jemboy Baltazar, allegedly after claiming he had illegal drugs. Another 17-year-old, John Frances Ompad, was also killed by police in August. Attacks on Activists, Unionists, and Journalists Red-tagging, where authorities label individuals or groups as communists or terrorists, has continued in the Philippines. This practice, often a precursor to violence, targets activists, unionists, environmental defenders, Indigenous leaders, teachers, students, and journalists, limiting their ability to operate freely. In May, pro-government media accused the National Union of Journalists of the Philippines and its chair, Jonathan de Santos, of collaborating with communist insurgents. In June, activists and environmental defenders in northern Philippines sought Supreme Court protection after being red-tagged by the military and police. In July, Carol Araullo, a leftist activist, sued pro-government TV show hosts for red- tagging her and her family. Her son, journalist Atom Araullo, also pursued legal action in September. Red-tagging has sometimes escalated to accusations of terrorism. For example, in September, the military accused the NGO CERNET of funding the New People’s Army, which the group denied. This misuse of the Anti-Terror Act has targeted civil society organizations. Labor activists and unions have also been targeted. An International Labour Organization mission in January criticized red-tagging and harassment against trade unionists. In April, President Marcos signed Executive Order 23 to protect workers' rights and their right to organize. On a positive note, former senator Leila de Lima, a prominent human rights activist, was granted bail in November after nearly seven years of detention on false drug 37 charges. Additionally, in September, Nobel Peace Prize laureate Maria Ressa was acquitted of tax evasion charges, though other cases against her and her team remain. IN 2023 Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings Extrajudicial killings, often carried out by police and other security forces, remained a serious issue. There were also reports of politically motivated killings, including those of journalists. Many of these killings were linked to anti-drug operations. The Marcos administration continued the anti-drug campaign started under Duterte, focusing more on treatment and legal procedures. From January to August, the NGO Dahas PH reported 209 drug-related killings. Various government bodies, including the Philippine National Police (PNP) Internal Affairs Service and the Center for Law of Armed Conflict, looked into whether these killings were justified. The Commission on Human Rights (CHR) investigated 51 new complaints of extrajudicial or politically motivated killings, involving 82 victims and alleged perpetrators from the police, military, insurgents, civilians, and unknown individuals. They also looked into 15 drug-related killings, suspecting police involvement in some cases. Notable cases included the killing of Negros Oriental Governor Roel Degamo and others in March, allegedly ordered by Congressman Arnie Teves. Teves fled the country and was later designated a terrorist and expelled from Congress. Following this, President Marcos directed efforts to dismantle private militias involved in political violence. In August, six police officers in Navotas City killed 17-year-old Jemboy Baltazar, who was fleeing from a police raid. The officers did not follow proper procedures, such as issuing a warning or using body cameras. They were removed from duty, faced charges, and an investigation led to the dismissal of the local police chief for attempting to cover up the incident. The officers surrendered in October after arrest warrants were issued. Disappearance While long-term disappearances were rare, kidnappings were quite common and mostly for criminal purposes like ransom. In the past, kidnappings also had political motives. Terrorist groups were often involved in kidnappings in Mindanao. From January to July, the AFP’s Center for Law of Armed Conflict reported no cases of enforced disappearances involving the armed forces. However, the Commission on Human Rights (CHR) reported 10 cases of abductions and enforced disappearances involving 14 people during the same period. Among these cases, four were allegedly carried out by the police, three by unidentified 38 people, one by other state agents, one by a civilian, and one had no clear perpetrator. Kidnappings were frequently reported in the media, including cases involving Chinese nationals. For example, in March, police arrested three Chinese and one Vietnamese national suspected of kidnapping and killing a Filipino-Chinese businessman. In June, a Chinese national was kidnapped by a crime syndicate linked to offshore gambling. The law allows families of kidnapping or disappearance victims to require government agencies to provide information in court about the case. While police generally open investigations, evidence is often lacking, not collected, or insufficient to support charges. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses The law in the Philippines prohibits torture, and any evidence obtained through torture cannot be used in court. However, the Commission on Human Rights (CHR) reported that security forces and police often abuse and sometimes torture suspects and detainees. Common abuses include electric shocks, cigarette burns, and suffocation. By July, the CHR had investigated 21 torture cases involving 36 victims. Most cases were linked to the police, but also involved a local official, a corrections officer, an NBI member, and an inmate. In May, five Cebu City police officers faced charges for illegally detaining and raping a woman suspected of drug trafficking. She was held in a private apartment for three days. In June, the CHR investigated a case where a boy who reported abuse by his father was allegedly tortured by police officers. The officers poured vinegar and chili on the boy’s genitals. The officers faced criminal and administrative charges. Human rights groups criticized the lack of progress in reforming the police and addressing corruption. The public perception of widespread police corruption persisted, and there was little action taken against abusive officers. Witnesses to abuses often did not come forward due to fear, pressure, or expectations of compensation. Impunity remains a major issue, especially within the police force. Although some individuals have been prosecuted for abuses, including a former police officer convicted for a 2017 murder, overall accountability is limited. The AFP's Center for Law of Armed Conflict reported no allegations against the military for rights abuses from January to October. - END - 39