Tag Archives: Commission on Human Rights (Philippines)

[Press Release] Ensure Rights Panel’s Independence | HRW

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Ensure Rights Panel’s Independence
President-Elect Marcos Should Select Commissioners in Transparent Process

President-elect Ferdinand Marcos Jr. of the Philippines should ensure a transparent, inclusive process to select qualified and independent human rights experts as commissioners for the national Commission on Human Rights (CHR), Human Rights Watch said today. Marcos, who will be inaugurated as the new Philippine president on June 30, 2022, is expected to announce his appointments in the coming days.

The Commission on Human Rights is empowered under the 1987 Philippine Constitution to investigate human rights violations and promote respect for human rights in the country. Marcos ran on a campaign marked by disinformation about his family’s role in human rights abuses during the dictatorship of his father, Ferdinand Marcos Sr., and so the appointment of the commissioners will be an important first test for his administration’s commitment to human rights.

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[Statement] on the arrest of health worker Dr. Natividad ‘Naty’ Castro | CHR

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Statement of the Commission on Human Rights on the arrest of health worker Dr. Natividad ‘Naty’ Castro

The Commission on Human Rights (CHR) expresses grave concern over the manner of arrest of health worker Dr. Natividad ‘Naty’ Castro early Friday, 18 February 2022 in San Juan City.

Dra. Naty had been red-tagged for her work as a human rights and development worker. Before the pandemic hit the country in 2020, Castro initiated several health programs in Mindanao. She also brought members of the Lumad community before the United Nations in Geneva to seek help against harassment in their areas. She also once served as secretary-general of rights group Karapatan in the Caraga region.

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[Statement] on the arrest of an 80-year old man who allegedly stole mangoes in Asingan, Pangasinan | CHR

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Statement of CHR spokesperson, Atty Jacqueline Ann de Guia, on the arrest of an 80-year old man who allegedly stole mangoes in Asingan, Pangasinan

It is unfortunate that an 80-year old man has been sued for theft after picking mangoes from trees that, he asserts, was planted by himself. This incident, at the same time, highlights the importance of knowing one’s rights and the availability of legal assistance, especially for vulnerable and marginalized citizens.

Cognizant of the costly and protracted nature of litigation, the Commission on Human Rights hopes that alternative means to settle the dispute be explored, an amicable agreement be reached, and possibly a desistance of the charge filed given the circumstances of the complaint and condition of the accused.

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[Statement] On the order for barangays to submit list of unvaccinated residents | CHR spokesperson, Atty Jacqueline Ann de Guia

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Statement of CHR spokesperson, Atty Jacqueline Ann de Guia, on the order for barangays to submit list of unvaccinated residents

The Commission on Human Rights continues to remind the government that upholding human rights remains to be an important consideration in crafting and implementing policies addressing the pandemic. With the recent directive of the Department of the Interior and Local Government for barangays to submit a list of unvaccinated individuals in their communities, we hope that this does not result in the breach of the right to privacy of individuals and, more importantly, not restrict the unvaccinated from accessing essential good and services. We cannot use the present pandemic as a justification to set aside pertinent laws and human rights standards meant to protect human rights and dignity in all situations and at all times.

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[Statement] CHR spokesperson, Atty. Jacqueline Ann de Guia, on the passing of CHR Chairperson Chito Gascon

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#HumanRights #ChitoGascon

Statement of CHR spokesperson, Atty. Jacqueline Ann de Guia, on the passing of CHR Chairperson Chito Gascon

It is with deepest sorrow that we announce the passing of Chairperson Jose Luis Martin “Chito” Gascon. He passed away early this Saturday morning, 9 October 2021, due to Covid-19 complications. He was 57.

At a time of unprecedented human rights challenges, Chair Chito courageously and steadfastly upheld the constitutional mandate of the Commission. Amidst the unrelenting attacks against the institution and to him personally, he was unwavering and unflinching in fighting for the universal values of freedom, truth, and justice that are essential in the pursuit of human rights. He was undaunting in the fight for human rights, rule of law, and democracy out of deep reverence to the equal rights and dignity of all.

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[Statement] on the ambush of lawyer Rex Fernandez | CHR Spokesperson, Atty Jacqueline Ann de Guia

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#HumanRights #StopTheKillingsPh

Statement of CHR Spokesperson, Atty Jacqueline Ann de Guia, on the ambush of lawyer Rex Fernandez

The Commission on Human Rights (CHR) condemns the killing of lawyer Rex Fernandez in Barangay Guadalupe, Cebu City on Thursday afternoon, 26 August 2021. CHR will be sending a quick reaction team to conduct an independent investigation on this incident.

Fernandez was said to have been ambushed by unidentified assailants when his vehicle stopped at an intersection. The lawyer died on the spot. The lawyer’s driver was reportedly left wounded after the attack.

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[Statement] on the shooting of a curfew violator with mental illness by a barangay tanod | CHR spokesperson, Atty. Jacqueline Ann de Guia

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#HumanRights #COVID19ph

Statement of CHR spokesperson, Atty. Jacqueline Ann de Guia, on the shooting of a curfew violator with mental illness by a barangay tanod

The Commission on Human Rights (CHR) is now probing the reported shooting of Eduardo Geñoga, a 59-year-old curfew violator with mental illness, by Cesar Panlaqui, a barangay tanod. The shooting happened in Tondo, Manila on 7 August 2021, the second day of the Enhanced Community Quarantine (ECQ) in Metro Manila.

According to reports, Panlaqui accosted Geñoga for allegedly slamming doors and gates in Tayuman Street during curfew hours. The victim allegedly approached the barangay tanod with a stick, which prompted the suspect to shoot the victim in the chest resulting to the latter’s death.

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[in the news] CHR pushes for passage of bill protecting human-rights workers | Inquirer.net

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#HumanRights #Protection

CHR pushes for passage of bill protecting human-rights workers

The Commission on Human Rights (CHR) has called for the passage of a bill that seeks to protect human-rights workers in view of recent attacks on activists and members of progressive organizations.

According to CHR, House Bill No. 9199 or the Human Rights Defenders (HRD) Protection Bill should be considered a high-priority legislation especially in light of various reports that rights workers and other activists are either being harassed or targeted.

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[Statement] on the brazen attack on the life of the human rights lawyer, Atty. Angelo Karlo Guillen | CHR VI

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#HumanRights #Killings

Statement on the brazen attack on the life of the human rights lawyer, Atty. Angelo Karlo Guillen | CHR VI

The Commission on Human Rights Region VI strongly condemns and denounces the brazen attempt on the life of Atty. Angelo Karlo Guillen by unknown assailants in the evening of March 3, 2021 along General Luna Street in Iloilo City.

The increasing number of violent attacks against lawyers deserves utmost attention and condemnation to the highest degree. Lawyers must never be subjected to attacks for merely performing their duties. Lawyers are essential for the attainment of justice and the rule of law. Regardless of who they represent, lawyers must be given enough freedom to freely exercise their profession without threats of attack and violence upon their person.

The Commission on Human Rights calls upon our Philippine National Police and other law enforcement officers to swiftly and effectively investigate this case and to bring the perpetrators to justice. We also urge the government to provide measures in order to safeguard the rights of the people against such attacks.

Atty. Jonnie L. Dabuco
CHR VI Director

https://web.facebook.com/photo/?fbid=475050010541205&set=a.151465532899656

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[Statement] on the unilateral termination of DND of its accord with UP -CHR

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#HumanRights #DefendUP

Statement of the Commission on Human Rights on the unilateral termination of the Department of National Defense (DND) of its accord with the University of the Philippines (UP)

The UP-DND Accord is more than an agreement limiting the entry of State forces in any of the UP campuses. Seen from a history of abuse of power since the dictatorship, it serves as an assurance that the freedom to express dissent, to protest, and the exercise of academic freedom will be respected by the government, particularly by the police and military.

For more than three decades, this Accord has served to protect the University’s students, faculty, and employees from arbitrary, capricious repressions of protected rights.

However, at this time, when human rights violations continue to abound, the unilateral termination of DND of the said Accord with UP serves to cast further doubts on its intent and aggravates the climate of distrust towards the government.

The UP-DND Accord does not place UP beyond the reach of the rule of law. The University continues to exist as a subject of valid restrictions inasmuch as it is guaranteed freedoms. No one is and should ever be above the law.

DND should have appealed to good judgment in expressing concerns to UP and finding ways to move forward, instead of immediately abrogating the Accord, in pursuit of the best interest of all.

The DND, with whom UP entered into the subject agreement, is in charge of the Armed Forces, whose mandate is different from that of the PNP. The primary concern of DND is to secure the State from external and internal threats. Maintaining peace and order is within the ambit of the Philippine National Police.

Read complete statement @chr.gov.ph

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[Statement] on the slow prosecution of Fabel Pineda’s rape and murder case -CHR

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#HumanRights #Justice

Statement of CHR Spokesperson, Atty Jacqueline Ann de Guia, on the slow prosecution of Fabel Pineda’s rape and murder case

Six months have elapsed since the rape and alleged killing of 15-year old girl Fabel Pineda by police officers in Ilocos Sur, but justice remains elusive for her and her cousin Bernadette Saniatan despite the strong condemnation of the Philippine National Police (PNP) of the grave violation committed by their fellow men in uniform.

Contrary to the misleading news claiming that the implicated officers facing administrative charges were already relieved from their duties, only Police Staff Sergeant (PSSg) Randy V. Ramos was dismissed from service, while PSSg Marawi U. Torda was exonerated due to lack of sufficient evidence. Both suspects are on restrictive custody under the PNP Regional Office while their murder and attempted murder cases are still on trial.

The Commission on Human Rights (CHR) calls on the PNP and the Department of Justice (DOJ) for the speedy resolution of the case and urges Philippine authorities to send an unequivocal message to law enforcement officials that abuse of power shall never be tolerated among their ranks.

Impunity for police abuse often leads to a deadly cycle of violence that needs utmost denunciation across the board. The case of Fabel and her cousin exposes the reality of women and girls who are allegedly raped or sexually abused by persons in authority or in police custody who often face threats of serious reprisals. All too often, they are silenced and threatened to withdraw any complaint against their perpetrators due to fear of retaliation. Such incidents are a clear betrayal of public trust by the same people who have sworn oaths to protect its citizens.

Through its independent investigation, the CHR Regional Office I has confirmed that there were indeed human rights violations committed by the police officers. For its part, the Commission shall closely monitor the cases filed before the DOJ against the two officers, and shall also ensure the provision of financial assistance to the families of Fabel and her cousin to aid them in pursuing the case.

The CHR hopes that the PNP remains faithful to its earlier commitment to swiftly deliver justice and carry out reforms within the institution to produce morally-upright and credible policemen who can genuinely maintain peace and order in the community.

Source: www.chr.gov.ph

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[Statement] on Victim-blaming and Gender Stereotyping Amid the Investigations in the Christine Dacera Case -CHR

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#HumanRights #Women #LGBTQI+

Statement of Commissioner Karen S. Gomez-Dumpit, Focal Commissioner on Women and LGBTQI+ Issues, on Victim-blaming and Gender Stereotyping Amid the Investigations in the Christine Dacera Case

The Commission on Human Rights is deeply concerned and alarmed by the victim-blaming and gender stereotyping amid the investigations in the killing of Christine Dacera. These acts disrespect the victim and cause further anguish to her family. Similarly, the alleged perpetrators who are members of the LGBTQI+ community are negatively affected.

As the Gender Ombud, the Commission takes this occasion to reiterate that victim-blaming is unacceptable, especially in cases of gender-based violence. Instead of responding to the act of violence in this case, as well as addressing the root causes of the human rights violation, victim-blaming is a violation of a woman’s dignity and shifts the focus of the investigation on what the victim wore, the company she kept, and the places she went to. It trivializes the violence and demonizes the woman, as the blame cast on her creates the perception that “she had it coming,” making her unworthy of protection and remedies. It must be remembered that the crux of gender-based violence cases is the acts of violence committed by the perpetrator, and never the character of the woman. We must all strive to stop victim-blaming.

Undeniably, rape is a grave and serious human rights violation requiring an urgent and immediate response from the State. The UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee requires no less than the exercise by State authorities of due diligence in responding to all cases of violence against women. In investigating and discussing circumstances surrounding an alleged case of rape, all forms of victim-blaming are unacceptable. We remind the public that victim-blaming and reliance on gender stereotypes impact access to justice. These ultimately deny women protection from violence.

Click the link below to read the complete statement:

Statement of Commissioner Karen S. Gomez-Dumpit, Focal Commissioner on Women and LGBTQI+ Issues, on Victim-blaming and Gender Stereotyping Amid the Investigations in the Christine Dacera Case

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[Statement] on the announcement of the Justice Secretary regarding the release of the first partial report of the review of the deaths resulting from the conduct of anti illegal-drug operations -CHR

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#HumanRights #StopTheKillingsPH

Statement of CHR Commissioner Karen Gomez-Dumpit on the announcement of the Justice Secretary regarding the release of the first partial report of the review of the deaths resulting from the conduct of anti illegal-drug operations

The Commission on Human Rights acknowledges the announcement of Justice Secretary Menardo Guevarra regarding the release of the partial report conducted by a high-level inter-agency panel of the thousands of deaths resulting from the conduct of recent anti-illegal drug operations.

We consider the government’s action as a step towards ensuring accountability and addressing impunity. However, we regret that the Commission on Human Rights was not involved in the review, contrary to the commitments and assurances made by the government during the 44th Session of the Human Rights Council. This is an unfulfilled promise to Filipinos and the entire community of nations.

The government then announced that “as with all human rights-related mechanisms in the country, the Commission on Human Rights would be involved in its capacity as an independent monitoring body” and would play an important role in the high-level inter-agency panel. The panel was likewise meant to “engage with affected families and provide them with legal options and assistance in the criminal prosecution of law enforcers who have overstepped legal bounds in their operations.” Read complete statement @ https://bit.ly/2XqUmuY

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[Statement] CHR Commissioner Karen Gomez-Dumpit on the sex jokes made during a televised national disaster briefing

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#HumanRights #VAW Statement of CHR Commissioner Karen Gomez-Dumpit on the sex jokes made during a televised national disaster briefing

Sex jokes and sexual objectification of women are VAW: Not to be tolerated nor excused

The Commission on Human Rights condemns the normalization and trivialization of sex jokes and sexual objectification of women. They are forms of violence against women (VAW) and should not be tolerated nor excused. Not when the country is reeling from a national emergency, not in November when we are observing the 18 days of activism against VAW, and especially not coming from high ranking government officials during an emergency response briefing. Sexist and misogynistic remarks are never right and should never be tolerated, especially as we are a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women and we have laws that oblige the government to prevent all forms of violence (The Magna Carta of Women), and a law that penalizes sexist and misogynistic remarks/slurs (Safe Spaces Law).

As Gender Ombud, the Commission once again reminds the President and other high ranking officials present during the briefing that the State is not only obliged to protect women from discrimination and violence, it is also obliged to ensure that officials do not perpetuate such violence. It is obligated to ensure accountability. Dismissal of remarks that make light of women’s sexual objectification and which justify the same as a ‘means of coping’ with stress send the message that sexism in government is normal and that government take the issues of women and girls lightly. This is inconsistent with our human rights obligations.

At a time when many women and girls are severely affected by the recent typhoon Ulysses, when many are vulnerable and at risk of violence due to displacement, when many are faced with the multiple burden of rebuilding houses and lives post-disaster, the President’s jokes and side remarks come as a clear affront. We remind the President that during the height of the typhoon a girl child was raped and was later found half naked, bleeding and unconscious on a vacant lot in Paluig, Zambales; a woman gave birth in an evacuation center; and many women and girls had to deal with the impact of the disaster—often left to source water, food, and care for children, the ill and the elderly. Rather than the sexual objectification of women – seeing women’s only function is to serve men’s sexual pleasures—what should have been made visible in the briefing is the need for immediate and mainstreamed gendered responses and addressing the importance of protecting women and girls during and post disaster.

As Gender Ombud, we cannot let pass these sex jokes and sexist remarks without exercising our constitutional mandate to advise government in the fulfillment of its obligations. We remind the President and other high ranking officials of their obligation not to perpetuate nor tolerate violence against women. We remind them that as officials, instead of making jokes at the expense of women during a government briefing, they have to respond immediately to the gendered and intersectional needs of women facing multiple disasters. They have to send the message that they respect women’s human rights, including freedom from discrimination, in their disaster response. They have to have zero-tolerance for violence and should not be perpetuators themselves.

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Statement of CHR Commissioner Karen Gomez-Dumpit on the sex jokes made during a televised national disaster briefing

[Off-the-shelf] Report on the Situation of Human Rights Defenders in the Philippines -CHR

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Report on the Situation of Human Rights Defenders in the Philippines

JULY, 2020

“Human rights defender (HRD) is a term used to describe people who, individually or with others, act to promote or protect human rights.”1 HRDs include all those who “seek the promotion and protection of civil and political rights as well as the promotion, protection and realization of economic, social and cultural rights.”

The Declaration on Human Rights Defenders,3 in characterizing HRDs, refer to all “individuals, groups and associations… contributing to… the effective elimination of all violations of human rights and fundamental freedoms of peoples and individuals.”

Proposed domestic legislation defines HRDs in a similar manner, further expanding it to state that the “main or substantial work and advocacy [of HRDs] is to promote the respect for, foster knowledge of, and protect any forms of human rights and freedoms”5 at the “local, national, regional, and international levels.”

There are thus no specific guidelines that identify who HRDs are, rather, they are defined by the work that they do. HRDs engage in duties, whether for profit or pro bono, that aim to, among others, investigate and report on violations of human rights; provide support to ensure the fulfillment of international treaty obligations; lobby for legislative or judicial reforms; mobilize and shape public opinion on human rights; or secure accountability for human rights violations. HRDs include members of civic organizations, journalists, lawyers, representatives of marginalized sectors, members of the academe, government officials, and all others who engage in activities for the fulfillment of basic human rights.

Due to the nature of their work, HRDs worldwide are frequent victims of human rights violations themselves. Many are subjected to extrajudicial killings, enforced disappearances, arbitrary detention, threats, harassment, and restrictions on their freedoms of expression, association and assembly.7 In the Philippines, there are similar allegations that HRDs are targeted and subjected to abuses, particularly by government agents.

This Inquiry was launched by the Commission on Human Rights (Commission) to ascertain the current situation impacting the work, safety, and security of HRDs in the country. The decision to launch this Inquiry was prompted by letters received from individuals and organizations containing allegations of human rights violations attributed to State officials.8 The Commission also took cognizance of reports coming out in various media concerning attacks against the civil, political, economic, social, and cultural rights of certain groups and individuals and those who defend them. These allegations were similarly echoed in complaints received by the Commission’s regional offices.

Click the link for the complete report “CHRP-2020-Report-on-the-Situation-of-Human-Rights-Defenders“

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[Statement] on the arrest of 8 protesters in UP Cebu due to alleged violation of quarantine rules -CHR

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Statement of CHR Spokesperson, Atty. Jacqueline Ann de Guia, on the arrest of 8 protesters in UP Cebu due to alleged violation of quarantine rules

Eight UP students and alumni of the University of the Philippines (UP) Cebu were arrested last 5 June 2020 due to alleged violation of the government’s ban on mass gatherings for holding a protest rally against the Anti-Terrorism Bill in front of the university entrance.

Despite their release, the Commission on Human Rights reiterates our stern reminder that the health crisis does not halt fundamental rights including freedom of peaceful assembly and activism. While protecting health and safety are paramount in this time of the pandemic, there cannot be a blanket restriction on basic rights and freedoms. Carte blanche application of quarantine restrictions may gravely disadvantage the citizens’ rights while providing broad powers to the State thereby resulting to huge disparity and imbalance tantamount to negating any semblance of democracy.

In accordance with international law as well as domestic laws, restrictions on rights must adhere and be assessed based on the principles of legality, necessity, and proportionality to ensure balance in protecting public health while respecting human rights. The UP-DND (Department of National Defense) Peace Accord must also be put in consideration in this context. Up until today, this agreement serves as a safeguard to ensure that schools remain as safe spaces for intellectual discussions and tackling of social issues and concerns without fear of reprisal or retaliation, which are necessary for a thriving academic environment.

We equally express concern on the unnecessary show of force considering the alleged manner of handling of the peaceful protesters by security forces in full battle gear and heavy firearms. While enforcing the law is the mandate of the police, standing agreements should be observed so appropriate and proportionate measures are applied in coordination with the university administrators. Any alleged violation should be dealt with utmost proportionality, respectful of human dignity, and with due accord to civil and political liberties. However, we equally remind all citizens of their obligation to observe and comply with health and physical distancing protocols in the exercise of their rights to ensure that it does not impinge on the rights of others.

Basic rights that enable citizens to seek redress for grievances, to contest policies, and to express their opinions are equally crucial in a state of emergency towards a collaborative perspective in addressing the current social, economic, and political uncertainties that beset our society. Continuous free flow of ideas and engagement between the people and the government remains essential in crucial times like these. While protection of public health must be guaranteed by the State, the holistic needs and rights of the citizens should also be taken into account towards upholding the dignity of all.

CHR shall continue with its motu proprio investigation on the said case.

https://www.facebook.com/notes/commission-on-human-rights-of-the-philippines/statement-of-chr-spokesperson-on-the-arrest-of-8-protesters-in-up-cebu-due-to-al/2873215162795010/

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[Off-the-shelf] Narito ang mga dapat mong gawin kung nagkaroon ng paglabag ng karapatang pantao sa panahon ng COVID-19 -CHR

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[HR101] Narito ang mga dapat mong gawin kung nagkaroon ng paglabag ng karapatang pantao sa panahon ng COVID-19:

Please click the link fo more:

 

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[Statement] CHR Spokesperson, Atty Jacqueline Ann de Guia, on the rising number of Covid-19 infected health workers

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Statement of CHR Spokesperson, Atty Jacqueline Ann de Guia, on the rising number of Covid-19 infected health workers

The Commission on Human Rights notes with concern the rising number of healthcare workers being infected with the coronavirus disease 2019 (COVID-19). Recently, the Department of Health (DOH) confirmed that a total of 62 health workers from the National Center for Mental Health were infected with the virus—this number still does not count the 13 are psychiatric patients sick with the virus, which further complicates their conditions.

As of 22 April 2020, DOH also reports that, out of the 1,062 healthcare workers currently infected nationwide, 422 are physicians; 386 are nurses; 30 are medical technologists; 21 are radiological technologists, 51 are nursing assistants, and the rest, 152, are administrative staff and barangay health workers. To date, 26 healthcare workers have already died.

The World Health Organisation sees these figures ‘worrisome’ as health workers cover 15% of confirmed COVID-19 cases in the Philippines compared to the 2-3% for the Western Pacific region.

Amidst a national health emergency, medical workers are fighting a two-front battle—dealing with an increasing number of COVID-19 patients, while also facing the shortage of PPEs meant to prevent themselves from being infected, as well as infecting others.

Since the start of the pandemic, prices of personal protective equipment (PPE), such as masks and gowns, have seen an almost two-fold increase in price. Some individuals have resorted to hoarding much-needed medical supplies. Shortages ultimately leave doctors and nurses exposed and ill-equipped to care for patients.

In light of the shortage of PPE, the Commission welcomes the Administrative Order No. 07-2020 from the Bureau of Customs, which aims to expedite the customs clearance of tax and duty-exempt importations of PPEs and other medical goods urgently needed by our citizens, frontliners, and medical supplies manufacturers in this public health emergency. This initiative, together with the recent acquisition by the DOH of one million PPEs, should help hospitals to access the much-needed supplies.

The Commission equally commends DOH for its partnership with the Confederation of Wearable Exporters of the Philippines and its research on other innovative ways to decontaminate PPE for safe reuse in the midst of the ongoing worldwide shortage.

However, the recent announcement of the infection of 43 health workers at the Research Institute for Tropical Medicine and the subsequent scaling down of COVID-19 specimen testing due increase of sick personnel is a huge blow to the efforts of the government to ascertain the number of COVID-19 positive individuals.

It is then recommended that DOH reviews its policy to decentralize and ensure that more labs are accredited or made capable of conducting real-time polymerase chain reaction (RT PRC) tests. It is also imperative to ensure the efficient transportation of medical equipment and other lifesaving saving devices through sustained coordination with hospitals and local governments. The procurement of PPE must also remain transparent and in full compliance with government procurement standards.

In the end, our health workers are our best shot in putting an end to the pandemic. We honor them for their sacrifices, but adequate resources and care, such as ample rest and support for their mental health, should also be assured by the government and other authorities.

The Commission, in these trying times, sends its condolences to family members, friends, and medical professionals who have lost loved ones and friends due to COVID-19. And in curbing COVID-19, we truly hope that no one will be left behind.

https://www.facebook.com/notes/commission-on-human-rights-of-the-philippines/statement-of-chr-spokesperson-atty-jacqueline-ann-de-guia-on-the-rising-number-o/2759088677540993/

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[Statement] CHR spokesperson, Atty Jacqueline Ann de Guia, on the incident involving a cop shooting an alleged lockdown violator in Barangay Pasong Putik, Quezon City

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Statement of CHR spokesperson, Atty Jacqueline Ann de Guia, on the incident involving a cop shooting an alleged lockdown violator in Barangay Pasong Putik, Quezon City

Strict measures, such as community lockdowns, were set during the coronavirus disease 2019 (COVID-19) pandemic to protect our right to health and, ultimately, save lives. It is most alarming when these measures trigger allegations of human rights violations and, worse, result in any loss of lives.

On Tuesday, 21 April 2020, a certain Winston Ragos was gunned down by Police Master Sergeant Daniel Florendo Jr near a quarantine checkpoint along Maligaya Drive in Barangay Pasong Putik, Quezon City.

Ragos was later identified as a former soldier who served heroically in Marawi and was said to be suffering from a mental condition because of fulfilling his duty.

We note that the leadership of the Quezon City Police District (QCPD) has already ordered a ‘criminal and administrative investigation’ of the incident and, in a statement, said that what Florendo did was a ‘judgment call.’

However, there are different accounts of what transpired, including clashing narratives on whether the victim had a pistol in his sling bag, which the police claims as a sign of imminent danger, thus resulting in the shooting.

The Commission on Human Rights is already investigating this matter.

We stress since the start of the implementation of quarantines and lockdowns that law enforcers must always remain respectful of human rights, even in the face of a national health emergency. We recognise that law enforcement officials are important in the protection of life, liberty, property, and the security of person—guaranteed rights as outlined in the Universal Declaration of Human Rights and in our 1987 Constitution. But there are also guidelines set on the use of force that law enforcers must strictly observe.

The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, as adopted by the UN Congress on the Prevention of Crime and the Treatment of Offenders, remind that: ‘Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms.’
Under the same principles, it was outlined that if the use of force and firearms is unavoidable, then authorities must practice restraint and act in proportion to the seriousness of the offense, mindful of minimizing damage and injury and with respect to the preservation of human life.

The same discussions are found in the Philippine National Police Operational Procedures when it prohibited the excessive use of force during police operations. And if merited, reminds police officers, that ‘only such necessary and reasonable force should be applied as would be sufficient to overcome the resistance put up by the offender; subdue the clear and imminent danger posed by him; or to justify the force/act under the principles of self- defense, defense of relative, or defense of stranger.’

At this point, we look forward to QCPD’s fair and impartial investigations. And similar to cases of alleged ’self-defense’ when confronted with imminent danger, we also reiterate our call to allow the rule of law to prevail and let the scrutiny of the proper courts weigh in on the question if the circumstances are justifiable to warrant the shooting, which eventually resulted to death.

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[Statement] of CHR Spokesperson, Atty. Jacqueline Ann de Guia, on recent COVID-19 measures that impact the right to privacy and free choice of employment

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Statement of CHR Spokesperson, Atty. Jacqueline Ann de Guia, on recent COVID-19 measures that impact the right to privacy and free choice of employment

At this stage of the coronavirus disease-19 (COVID) pandemic, we are seeing the steady growth of confirmed cases, the increasing number of deaths, and the growing challenges that beset our public health system. In this context, we recognize the urgency of implementing restrictive measures to address the gravity of the situation.

However, as we have previously stressed, protecting public health entails protection of other rights as well, which are equally essential to the genuine fulfilment of the highest standard of the right to health. There are clear guidelines in ensuring balance in protecting public health while respecting human rights based on international law as well as domestic laws. Under the Siracusa Principles—a guide to government response for reasons of public health or emergency—the measures must be proportionate to the attainment of clear objectives, least intrusive and restrictive available, respectful of human dignity, among others.

Two recent pronouncements of the government—disclosure of personal information of COVID-19 cases to enhance contract tracing efforts and deployment ban of overseas healthcare workers to address shortage of healthcare personnel—are susceptible to overreach in terms of guaranteeing the right to privacy and freedom to choose gainful employment respectively.

On the disclosure of personal information, while the government clarified that this shall be done in accordance with the Data Privacy Act, clear parameters must be outlined to ensure that it will not overstep the right to privacy. We recognize the importance of contract tracing to contain the virus, but it must be done with utmost care for privacy and confidentiality.

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Statement of CHR Spokesperson, Atty. Jacqueline Ann de Guia, on recent COVID-19 measures that impact the right to privacy and free choice of employment

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Include your full name, e-mail address, and contact number.

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