Human Rights Online Philippines

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.

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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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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PAHRA to the 5th Commission on Human Rights: have a firm grasp and sharp analysis of the human rights situation of the country
June 19, 2015

This will serve as solid bases for the 5th CHR to map out your plan for the whole of your term as well as for your annual planning. There will always be a need for flexibility for unexpected incidents of human rights concerns that demand immediate responses.

This first challenge includes a comprehensive assessment of what has been done by the 4th Commission and learn from lessons both positive and negative. Such action would be a precedent that should be made a tradition along with other duty-bearers reporting to their claimholders.

Broad, participative and transparent consultations are key to obtain to true and reliable information and data.

REVIEW AND STRENGTHEN OUR NHRI’S STRUCTURES, BOTH ON THE NATIONAL AND REGIONAL LEVELS FOR MORE APPROPRIATE, TIMELY AND EFFECTIVE RESPONSES TO SITUATIONS OF HR CONCERNS.

This is to finally overcome “bureaucratic inertia”, as well as eradicate the culture of patronage and retribution now embedded within the relationships between officers and the rank and file, and even between regular and co-terminus employees.

As 5th Commission you are inheriting an institutional legacy of the 4th Commission marked with a relatively widespread demoralization and discontent among personnel brought about by the unprecedented protest of more than a hundred officers and staff against a promotion of a person with questionable eligibility and done with “indecent haste”.

As the new Commission you have to resolve the issue of the Executive Director and his consequent actions objectively and with fairness to all. Doing so otherwise may affect the integrity and credibility of both the 5th Commission and the CHRP as institution.

There is need to revitalize the prime institution of human rights with appropriately-capacitated and committed personnel adhering above all to accepted HR principles and standards. Promotion should be based on merit and dedication to the promotion and protection of human rights.

INSTITUTIONALIZE CHRP-CSO RELATIONSHIP

After a presentation of the CHR’s Road Map in 2010 which included civil society human rights defenders participation in the NHRI’s planning, implementation, monitoring and evaluation, a tenet in the Paris Principles, i.e., Section (g), that deal with the importance of national institutions establishing and maintaining close relations with Civil Society Organizations (CSOs) and Non- Government Organizations

(NGOs) working in the field of human rights, the Media and Civil Society Relations Office (MCSRO) directly under the Office of the Chairperson was established. For the whole term of the 4th Commission it was non-functional. The office and the intent withered away.

There is urgent need to institutionalize CHR-CSO relationship so as to converge personnel, capabilities, resources and efforts to break through impunity and advance human rights. Furthermore, the deputization or deputation of CSO-HRDs is long awaiting final approval.

The ARMM Regional Human Rights Commission (RHRC) has moved ahead when it institutionalize its relationship with the Bangsamoro civil society human rights defenders. The newly formed NHRI of Mongolia has in its brochure its own institutionalized structure with their civil society.

The Commissioners of the 5th Commission will find all the ingredients at their disposal not only to catch up if used judiciously, but also to move ahead.

CONDUCT A THOROUGH AND SUSTAINED MONITORING OF STATE COMPLIANCE OF ITS OBLIGATIONS TO ENABLE TIMELY INTERVENTIONS.

A broadening participative process is being presently achieved in making both joint (government, CHR, CSOs) and independent or alternative Universal Periodic Review reports and even in the submitted reports to the eight international human rights treaties to which the Philippines is a State Party.

The 5th Commission need to monitor priority human rights issues or situations which have long been the environ for the culture of impunity. The land issue is one. Many extra-judicial killings, enforced disappearances and torture ensued from land conflicts. The CHR had no thorough and sustained monitoring of the obligations of the State in fulfilling the land rights of thousands of peasants as contained in CARP and later in CARPER.

A thorough and sustained monitoring with timely intervention in highly volatile areas where extractive industries intrude into indigenous peoples’ ancestral lands and domains could prevent impunity. People or community rights-based monitoring mechanisms can be jointly set up by CHR, CSOs and local government units together with the security forces. These local monitoring mechanisms (LMMs) can supplement one of the main tasks of an NHRI.

PAHRA as claimholders are only too willing to converge their commitment to dignity and human rights with that of the members of the 5th Commission and of the NHRI’s officers and staff to end impunity and advance a culture of human rights.
Philippine Alliance of Human Rights Advocates (PAHRA)
53-B Maliksi St. Bgy. Pinyahan
Quezon City, Philippines (1100)
Tel/fax (632) 436-26-33
Mobile : 0906-553-1792
E-mail: pahra@philippinehumanrights.org
Fb account: philippinehumanrights
Website: http://www.philippinehumanrights.org
Twitter : @PAHRAhr
Skype : pahra1986

All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

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