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[Announcement] Consultation – Draft General Comment – Liberty and Security of Person – Human Rights Committee

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Consultation – Draft General Comment – Liberty and Security of Person – Human Rights Committee

Civil Society Section
Office of the United Nations High Commissioner for Human Rights
Consultation – UN Human Rights Committee

Draft General Comment

Liberty and Security of the Person

Deadline 1 June 2014

ohchr

Dear All,

The draft General Comment on Article 9 of the International Covenant on Civil and Political Rights, Right to liberty and security of person and freedom from arbitrary arrest and detention is now open for comments.

Please follow the link below with instructions on the procedure:

http://www.ohchr.org/EN/HRBodies/CCPR/Pages/DGCArticle9.aspx

Deadline is 1 June 2014.

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[Press Release] Group Declares Rampant Mercury Use and Trade a Threat to People’s Right to Health and Life -BAN Toxics

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Group Declares Rampant Mercury Use and Trade a Threat to People’s Right to Health and Life

Quezon City, Philippines — On Human Rights Day, environmental justice group BAN Toxics stresses the protection of people’s right to life as it reiterates their call to phase out mercury use and trade.

ban-toxics-logo

“As the world observes International Human Rights day today, we urge all nations to curb the threats against the people’s basic human right to health and life by stopping mercury pollution by rapidly ratifying the Minamata treaty and taking immediate measures to meet the requirement of the treaty,” says BAN Toxics Executive Director Atty. Richard Gutierrez.

Exactly two months ago, the Minamata treaty was signed and adopted by different nations including the Philippines. The treaty is an internationally binding legal instrument that aims to protect human health and the environment from the adverse impacts of mercury and mercury compounds.

The group raises alarm over the seemingly high exposure of the Filipino family to mercury. According to the Department of Environment and Natural Resources (DENR) national inventory of mercury the artisanal and small-scale gold mining (ASGM) sector emits an estimated 70 tons of mercury in the environment annually. It may be recalled that in 2006, a report by the United Nations stated that Filipino miners have mercury levels 50 times higher than WHO limits.

Mercury is a potent neurotoxin that is persistent in the environment. From a number of historical pollution disasters it has been established that psychiatric symptoms, brain damage and kidney damage are some of the serious health consequences of exposure to high levels of mercury, but it is also well-documented that even tiny dosages affect the intellectual and physical performance of children when exposed in utero.

Women and children are most vulnerable to the ill-effects of mercury exposure. In 2013, the International Agency for Research on Cancer of the WHO confirmed that mercury is a human carcinogen.

Aside from that, statistics from the United Nations COMTRADE, a global database on trade of commodities, for the period 2007-2011 shows that the Philippines imported more than 65,000 kilograms of inorganic and organic compounds of toxic metals,including dental amalgams which are composed of 50% mercury (BAN Toxics, 2012).

“Mercury is a poison that impacts not just the health of those that use, but also and unjustly a larger portion of the population,” add Gutierrez.

In this light, BAN Toxics urges the government to accelerate its effort towards the elimination of mercury through the strict and steadfast implementation of the Minamata treaty.

—–
BAN Toxics! is an independent non-government environmental organization focused on the advancement of environmental justice, children’s health, and toxics elimination. Working closely with government agencies, partner communities and other NGOs in both the local and international levels, BAN Toxics endeavors to reduce and eliminate the use of harmful toxins through education campaigns, training and awareness-raising, and policy-building and advocacy programs.

PRESS RELEASE
December 10, 2013
Angelica Carballo-Pago
Communications and Media Officer, BAN Toxics!
(02) 355-7640 | (+63) 915-9260-371
angelica@bantoxics.org | info@bantoxics.org

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[Statement] Break through the Marcos impunity: Pass the Freedom of Information bill now -PAHRA

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Break through the Marcos impunity:
Pass the Freedom of Information bill now

21 September 2013-41st Anniversary of the Imposition of Martial Law

pahra logo copy

On September 21, 2011, the Commission on Human Rights of the Philippines (CHRP) and the Armed Forces of the Philippines (AFP) launched a joint endeavor to implement the first Principle of the United Nations Updated Principles in Combating Impunity – the Right to Truth.

The Updated Principles present two aspects of this right: the individual(s) right to know as well as the victim(s)’ families and relatives to know the circumstances and the reasons for the victim’s torture, enforced disappearance or extrajudicial killing. The other aspect is the collective aspect, wherein the nation should remember the tragedies that were consequent of the human rights violations. The obligation to preserve documents and other related evidences to the violations arise from the state’s duty. So is the obligation that public access is facilitated.

None of the documents subsequently turned over by the military would help add to the numbers of those who with “conclusive presumption” would be recognized and compensated as victims of human rights violations during the martial law period. The AFP documents have not even start to come close to the documentation done by the Task Force Detainees of the Philippines (TFDP) which was set up in 1974 by the Association of the Major Religious Superiors in the Philippines (AMRSP).

No additional information as of now may be seen as forthcoming from any initiative of the security forces. We may never know how many even how many have been arrested, tortured, subjected to extra-judicial execution and enforced disappearance. Much less would there be a naming of perpetrators of these serious human rights violations and bringing them to justice.

The September 21, 2011 joint endeavor is now proved to be no more than an empty gesture to obtain the right to truth to combat impunity.

It is the people who must initiate to surface the truth about the gross violations against human rights, not only of civil and political rights but also of the violations of the people’s economic, social and cultural rights, especially of the impoverished, the marginalized and the vulnerable. Even then, it is also imperative to bring to the open the violations done against our Muslim sisters and brothers during the repressive period of martial law.

Now, more than ever, with the expose of grand corruption of Napoles-ian scale, should all people of good-will determinedly work for the passage of the people’s initiative bill on the freedom of information.

Accountability must be obtained for both human rights violations and criminal activities.

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[People] The young leaders of today are the hope of tomorrow By Fr. Shay Cullen

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The young leaders of today are the hope of tomorrow
By Fr. Shay Cullen

325-Fr. Shay Cullen

The incredible courage, bravery, and dedication of young people is what the world needs to inspire and lead us into the future. Malala Yousafzai is a striking example of the capability of the youth to give the good example where adults are failing. Her speech to the United Nations ignited the hope and activism of youth around the world.

Malala was shot in the head by the Taliban assassin because she was such a powerful determined advocate of the universal right to education. She shows just how influential young people can be if only we listen to them and allow them to have their role and to take the lead at times.

The adult leaders, parents, teachers politicians, and the general public should realize that there are great youth leaders and youth groups who are giving their time and energy to saving the planet, helping the hungry, the oppressed, jailed children and they are campaigning for one important cause or another. They need the encouragement and support of the adult world because they deserve it; it’s the right and good way to educate and develop good positive and caring character and personality in youth while growing up. The youth are the leaders of the future and they will take on the duty and obligation to support the passing aging generation.

What they need to grow strong and mature, besides healthy food and education, is for their inner self to be nourished with spiritual values. These are positive attitudes, relationships that cannot be bought at the supermarket such as trust, respect, affirmation, inspiration, encouragement, good example, security, emotional support, affection and friendship.

A nation is judged by the way it cares and nurtures its children. How very true this is. Parents, teachers, and authorities in general ought to put aside the age old practice of asserting negative authority over young people. The youth are filled with a desire to be acknowledged, respected, and encouraged in their activities and not to be scolded, judged and chided for youthful enthusiasm, immaturity, and mistakes. We all make mistakes so tolerance, understanding, patience, and forbearance is what adults need to have towards them. Then they will learn to overcome human frailties as they grow to maturity.

Given that encouragement and respect, they will become advocates of the good and beautiful just as Malala has done. Her parents are also to be admired for giving her the opportunity and support in her pursuit of education and the rights of all to go to school in the face of threats and intimidation.

It must be seen that these youthful heroes are striving to do good for all and what greater good is there than to sacrifice for the well-being of others. The young people of the world have these surging desires and hopes and must be allowed to exercise them with trust and as team work with adults.

Openings must also be made, to give as many as possible opportunities to express themselves in the arts, music and theatre. Self-expression is essential for young people to come to a sense of their own self-worth and value as a human person. They reach that through the opportunities provided to them by the adults in their lives.

There is the Filipino Akbay Theater group supported by the Preda Foundation. Over the past many years, group after group have trained, practiced and performed their musical drama to near perfection. They are passionate and dedicated to inspiring and enlightening the audiences about the social realities of life of young people. They use this as a form of self-expression and an educational tool that appeals to the heart, emotions, and minds of the audience.

They spend hours and day in preparation for their local and international tours across Europe, Canada, Australia and Japan. There, they have inspired many people who moved to tears and came to an emotional and mental awaking. Then, with their own, real characters formed on this commitment, most carry it over to lives of virtue. They have honesty and integrity as strong-minded servant leaders. When they marry and have a family, the same life-enhancing virtues of loving, care and sacrifice for their wives, husbands and children is clearly apparent.

The volunteers at Preda Centre, Olongapo, Filipinos and from several nationalities, are the model of youth in action. They are living out their belief and faith in a greater eternal force of goodness and love. The Gospel message of the good Samaritan is uppermost in their hearts and they want the opportunity to make it a reality in their everyday lives. These are the youth leaders of today and the best hope of good leaders in the future.

(Fr. Shay’s columns are published in The Universe, The Manila Times, in publications in Ireland, the UK, Hong Kong, and on-line.)

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[From the web] ICMM commits to Free Prior Informed Consent standard -politicsofpoverty.oxfamamerica.org

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ICMM commits to Free Prior Informed Consent standard
May 24, 2013, politicsofpoverty.oxfamamerica.org

Emily Greenspan is an extractive industries policy and advocacy advisor with Oxfam America.

oxfam america

Last week the International Council of Metals and Mining (ICMM) released a new mining and indigenous peoples position statement requiring its 22 member companies to integrate Free Prior and Informed Consent (FPIC) into their practices around engagement with indigenous communities. ICMM is an industry association aiming to promote sustainable development in the mining sector. While certain provisions weaken ICMM’s statement, overall ICMM’s commitment to FPIC reflects a gradually turning tide which began to pick up momentum in 2011, when the World Bank’s International Finance Corporation (IFC) announced a similar FPIC requirement. Increasingly, companies are recognizing FPIC as a fundamental aspect of human rights due diligence that can help to create shared value for companies and communities and mitigate the risk of social conflict down the road.

ICMM’s commitment to FPIC is an important step, demonstrating that the mining industry is beginning to recognize that the terms of the debate have shifted. No longer should companies be discussing wheth er they need to consult communities, but rather whether and how they can ensure community consent. Indigenous peoples’ organizations (along with Oxfam and others) have worked many years to encourage the industry to embrace FPIC, and ICMM’s commitment will be useful to promote accountability among ICMM members and to encourage more companies to follow ICMM’s lead.

With its new position statement ICMM requires member companies to begin incorporating FPIC into their practices in over 800 project sites around the world, with commitments coming into full effect by May 2015. ICMM describes FPIC as both a process and an outcome and states:

The outcome is that Indigenous Peoples can give or withhold their consent to a project, through a process that strives to be consistent with their traditional decision-making processes while respectin g internationally recognized human rights and is based on good faith negotiation.

Importantly, the statement recognizes that negotiations should be carried out in good faith and that in certain circumstances indigenous peoples may choose to withhold their consent to a project. The statement applies FPIC both to new projects and changes to existing projects likely to have significant impacts on indigenous peoples.

However, some of the FPIC language later in the policy could create confusion for companies. For example, the statement references a 2008 guidance document from the UN’s Department of Economic and Social Affairs which states that “neither Indigenous Peoples nor any other population group have the right to veto development projects that affect them,” so FPIC should be considered a “principle to be respected to the greatest degree possible in development planning and implementation.” ICMM does not elaborate on the di fference between “withholding consent” and “veto.” Nor do they reference more recent guidance from the UN on FPIC which states, “Consent is a freely given decision that may be a ‘Yes’ or a ‘No,’ including the option to reconsider if the proposed activities change or if new information relevant to the proposed activities emerges.”

ICMM generates further ambiguity by stating: “In balancing the rights and interests of Indigenous Peoples with the wider population, government might determine that a project should proceed and specify the conditions that should apply. In such circumstances, ICMM members will determine whether they ought to remain involved with a project.” Effective FPIC implementation requires that companies be willing to respect the decision of indigenous communities regarding whether a project should be developed regardless of a government’s interest in pushing ahead.

Finally, ICMM limits the FPIC requirement to projects that impact indigenous peoples. However, community consent is also emerging more broadly as a principle of best practice for sustainable development in any community. Oxfam recognizes that FPIC is a right in international law specifically for indigenous peoples, but also believes that all communities affected by oil and mining projects must be able to participate in effective decision making and negotiation in processes that affect them. When they say “no” to a project, companies and governments need to respect this.

As with all of the new policies I’ve written about in previous blogs (IFC, Peru’s Indigenous Peoples Co nsultation Law, and individual oil and mining company policies), the true test will be in implementation. ICMM’s members must prioritize good faith engagement and respect indigenous peoples’ decisions with regard to oil and mining project development. If policy commitments fail to move beyond mere lip service, rights violations will continue and the risks of violence and social conflict will only increase.

http://politicsofpoverty.oxfamamerica.org/2013/05/24/icmm-commits-to-free-prior-informed-consent-standard/

 

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[Press Release] Philippine Human Rights Defender in Danger: Human Rights Group asks German Parliamentarians to speak up for the safety of Cocoy Tulawie -AMP

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Philippine Human Rights Defender in Danger: Human Rights Group asks German Parliamentarians to speak up for the safety of Cocoy Tulawie

The Action Network Human RightsCologne, 10.01.2013 – The German-based Action Network Human Rights –Philippines (AMP) commemorates the first anniversary of the arrest of Human Rights Defender Cocoy Tulawie by asking President Aquino and German Parliamentarians to spare no effort to protect the life and health of this human rights activist.

The well-known Philippine human rights defender, who has been advocating human rights in Sulu for many years, was arrested one year ago, on January 13, 2012.

He is accused of having prepared an attempt on the life of Sakur Tan, Governor of the Province of Sulu, in 2009. Together with many national and international partners, the Action Network for Human Rights in the Philippines is convinced that the accusations against Mr. Tulawie have been made up in order to silence this activist.

„We have information, that all witness statements, on which the indictment is based, are forced and have in the meantime been withdrawn. Due to his work as human rights activist, Mr. Tulawie had already been massively threatened in Sulu, so that he was forced to hide away until his arrest”, explains Maike Grabowski, the coordinator AMP.

In the wake of the attempted relocation of his process to Manila by Governor Tan, Mr. Tulawie was again threatened with death. “According to numerous reports, imprisoned violent criminals have already been ordered to murder Mr. Tulawie upon his arrival at the prison of Bicutan. Therefore, it must be feared that Mr. Tulawie’s life is in danger, should he be transferred to the prison of Bicutan” says Jochen Motte, chair of AMP.

Therefore the German human rights and development agencies of the Action Network sent letters to several German Parliamentarians asking them to advocate for the safety of Mr. Tulawie and support the case to convince the Philippine government to act in compliance with the UN Declaration of Human Rights Defenders.

The Action Network Human Rights – Philippines advocates the sustainable improvement of the human rights situation in the Philippines. Members are: Amnesty International, Bread for the World – Church Development Service, Misereor, Missio Munich, philippinenbüro e.V. and the United Evangelical Mission (UEM).

Contact:
Maike Grabowski
Coordinator of AMP
Email: amp@asienhaus.de
Tel: +49 – (0)221- 71612122
————————————————————————————————–
++Newsletter& Rundbrief:
http://www.asienhaus.de/bueros/pb/philippinen-aktuell.htm

++Mithelfen, mitmachen, aktiv werden:
http://www.asienhaus.de/phibue-spenden

11. 01. 2013 | AMP-Press Release

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[People] Top ten issues for human rights in 2012 by Harry Roque

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Top ten issues for human rights in 2012
Harry Roque’s blog
Thoughts of an activist lawyer

Atty. Harry Roque Photo: http://humanrightshouse.org

Atty. Harry Roque Photo: http://humanrightshouse.org

Here’s my choice for the top ten most important developments for Human Rights in the Philippines for 2012:
1. Passage of the Anti-Enforced Disappearance Law. Unfortunately, the passage of this law was overshadowed by the passage of the Reproductive Health Law. I say unfortunate because unlike the RH Law which in jurisprudence says is a penumbra of the due process clause, the crime of “desperacidos”, which unlike violations of international humanitarian law is not considered a crime under customary public international law.

This means that a domestic law is actually required to make enforced disappearances criminal. Now that we have this law, victims of desperacidos can actually file criminal charges for enforced disappearances without relying on kidnapping, if their loved ones survive; or murder, if their loved ones are found dead.

2. Passage of the Reproductive Health Law. The passage of this law has made jurisprudence on the right to privacy unnecessary. Prior to passage of the law, women’s rights advocates relied on the United Nations Convention on the Elimination of Discrimination Against Women in arguing that failure of the state to provide family planning implements to those who cannot afford them is a form of discrimination.

They also relied on the US Supreme Court decision that states that the right to limit one’s family size is covered by the right to privacy and is a “penumbra” of the due process clause. With this domestic law in place, it has now become the business of government to ensure that its citizens can freely choose the size of their families.

Read full article @harryroque.com

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[Statement] Unabated human rights violations continually hurt God and the Church -VCDG

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Unabated human rights violations continually hurt God and the Church
Most Rev. Gerardo A. Alminaza, D.D.
Head Convenor, Visayas Clergy Discernment Group
December 10, 2012

Bp Gerardo Alminaza 2Blessed John Paul II commended the Universal Declaration of Human Rights, adopted by the United Nations on 10 December 1948, as “a true milestone on the path of humanity’s moral progress” (JP 2, 34th General Assembly of the United Nations).

But as we commemorate the 64th anniversary of the Universal Declaration of Human Rights and the Universal Human Rights Day, we continue to assert that the unabated human rights violations in the country are fundamental breaches of the laws of God and the teachings of the Church.

Genesis 1:27 says that God created man in his own image. The human individual, then, possesses the dignity of a person, who is not just something, but someone (Catechism of the Catholic Church [CCC], 357). We see in our neighbors, the living image of our Creator, and we show our love of God and neighbor through respecting our neighbor’s dignity.

But the Observatory for the Protection of Human Rights Defenders of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH) recently condemned the continuing human rights violations in the country under the Aquino government, particularly cases of extrajudicial killings of human rights defenders.

In Cebu, we support the advocacies of the Archdiocesan Discernment Group led by Cebu Archbishop Jose S. Palma in defending the rights of our marginalized brothers and sisters in the rural and urban areas.

The labor sector in the Mactan Export Processing Zone and in other factories in Cebu has to contend with unjust labor practices, union busting, contractualization, and many other oppressive and anti-labor practices.

In Barangay Luz of Cebu City, urban poor households were demolished even without adequate relocation sites facilitated. Former President Ramon Magsaysay gave them the relocation site in the said Barangay in the 1950’s.

The land tilled by farmers in Aloguinsan, Cebu since the time of their ancestors are now claimed by a rich landed family.

The local government is reclaiming seabeds in Cordova, Cebu in order to build golf courses and five star hotels. This will surely wipe out the livelihood of poor fisherfolks in the area, and will destroy seagrass beds and the ecosystem of corals connected to the double-barrier reef of the Danajon Bank in Bohol.

In other areas of the country, we are alarmed of the killing of anti-mining advocates who fight against large-scale mining.

The current human rights situation show that as a community, we have been remiss in respecting the dignity of our neighbors and the integrity of creation; and if this continues, justice and peace would be impossible to achieve.

As a community of persons, we must be steadfast in our duty to work for the good of all, the common good: to destroy the structures of sin, and build a society of justice, love and peace. May Jesus, the Prince of Peace of Christmas, defend the human rights of His brothers and sisters here in the Philippines and in the whole world.

For Reference:

BISHOP GERARDO ALMINAZA, D.D.
Auxiliary Bishop of Jaro/ Head Convenor of the Visayas Clergy Discernment Group (VCDG)
Tel. No. (033) 3291625

VISAYAS CLERGY DISCERNMENT GROUP
E-Mail Address: visayasclergydiscernment@yahoo.com

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[Statement] Message of UN Secretary-General Ban Ki-moon -Human Rights Day

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HUMAN RIGHTS DAY
10 December 2012

Message of UN Secretary-General Ban Ki-moon

English: Ban Ki-moon, South Korean politician

English: Ban Ki-moon, South Korean politician (Photo credit: Wikipedia)

Everyone has the right to be heard and to shape the decisions that affect their community. This right is enshrined in the Universal Declaration of Human Rights and fully integrated in international law, especially in article 25 of the International Covenant on Civil and Political Rights.

Over the past century, we have made undeniable progress along the path of inclusion.

Yet far too many groups and individuals face far too many obstacles. Women have the right to vote almost everywhere, but remain hugely under-represented in parliaments and peace processes, in senior government posts and corporate boardrooms, and in other decision-making positions. Indigenous people frequently face discrimination that denies them the opportunity to make full use of their guaranteed rights or fails to take account of their circumstances. Religious and ethnic minorities – as well as people with disabilities or those with a different sexual orientation or political opinion – are often hampered from taking part in key institutions and processes. Institutions and public discourse need to represent societies in all their diversity.

More generally, in several parts of the world, we have seen alarming threats to hard-won gains in democratic governance. In some countries, civil society groups face growing pressures and restrictions. Legislation has been introduced specifically targeting civil society organizations and making it almost impossible for them to operate. Champions of democracy have encountered new confrontational measures. We should all be troubled by such backsliding.

Even in societies with a good track record, there is room for improvement. No country has succeeded in ensuring that all its inhabitants are able to participate fully in public affairs, including the right to be elected to public office and to have equal access to public services. Enacting new rights or removing unjust laws is not always sufficient. Too often, discrimination persists in practice, creating barriers and mindsets that can be hard to overcome.

Vibrant civil society groups are among the keys to the well-being and functioning of any nation, and the United Nations deplores measures taken to suppress them. That is why, on this Human Right Day, the United Nations is highlighting the right to participate and the associated rights that make it possible – freedom of expression and opinion, and peaceful assembly and association.

International law is clear: No matter who you are, or where you live, your voice counts. On this Day, let us unite to defend your right to make it heard.

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[Statement] A LETTER FROM PRISON By Temogen “Cocoy” Tulawie

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A LETTER FROM PRISON
By: Temogen “Cocoy” Tulawie

December 9, 2012

pps day poster5 copy

Dear Fellow Human Rights Defenders, Peace Advocates and Friends of the Bangsamoro people,

Assalamu Alaikum Warrahmatullahi Wabarakatu!

I am writing from my prison here at the Davao City Jail where I had been confined for 332 days since my arrest last January 13, 2012. I join all of you in the observance of International Human Rights Day as we renew our universal commitment to respect, promote and defend human rights of all people everywhere in the world.

From the confines of my prison, my thoughts and prayers have never left my homeland in Sulu which is admittedly centuries-old behind from the significant gains of the human rights movement since the signing of the Universal Declaration of Human Rights in 1948. My current incarceration speaks eloquently of the human rights situation in my beloved homeland. If I come to think of it, I may even be more free inside my jail than my fellow brothers and sisters who could not speak up freely of what is really happening inside our tiny, embattled island. Like my imprisonment, my people are also living in a garrison controlled by warlords who are incidentally the government of the day. Sulu today is like a big prison where people could hardly speak up and criticize due to dire powerlessness amidst a culture of impunity.

It is a known fact that in Sulu, nobody will dare stand for human rights for fear that they will end up like Cocoy Tulawie, who is now languishing in jail, vanished and forgotten. Sige ka, magiging Cocoy ka, is the lesson that mothers are teaching their sons for fear that if young people will fight and stand for human rights, like Cocoy, they will also be punished and forgotten.

What is the message that my current imprisonment conveys to our people? That it is simply foolish to be a human rights defender in Morolandia. That after all, human rights is not universal as it could never apply to Sulu. That it is wiser to keep quiet and submit to the oppressor if only to stay alive. But even those who remain silent are not also spared. No one is spared from the violence, summary killings, mass arrests, indiscriminate bombings, kidnappings, and gang rapes. If you are lucky to survive it all, surely, a neighbour, a child, a sibling or a loved one will not be spared. One way or the other, we are all victims.
I am happy about the signing of the Framework Agreement on the Bangsamoro and join the millions of Moros who look forward to a new beginning in our political history as proud and distinct people. While hopes and expectations are high, I could not help my dismay with the fact that there is hardly anything in the framework agreement that deals about the situation of the political prisoners all over the country. While charged as ordinary criminals by government, it is a fact that political prisoners are being persecuted because of their political beliefs and primarily because of our commitment to human rights.

There can never be peace in Mindanao without justice. No amount of peace agreement signed will bring about peace if basic human rights are not protected and human rights violators continue to hold positions in government by simply switching political parties.

A wolf dressed in a sheepskin is still a wolf. A warlord who turns “liberal” and sing the chorus of reforms cannot conveniently claim he has now the support of civil society organizations and present himself like a new convert of the peace process. Peace without justice cannot be sustainable as it is tantamount to surrender.

Despite the reform efforts in the ARMM and the “matuwid na daan” policy of President Aquino, it is disheartening to note that Sulu has not experienced the promised reform as it is lagged behind in its crooked, violent, oppressive and corrupt ways of malgovernance.

Who will take the cudgel for human rights when the human rights defenders are already threatened, imprisoned or worst, killed? I am appealing to the United Nations and international human rights organizations to remain steadfast in your support for human rights defenders like me. Many of us have not even reached prison as they were summarily executed. I am also concerned with indigenous peoples’ leaders who are battling with corporate mining interests intruding into their ancestral domains. My heart bleeds for the mothers of the young Moro students from Basilan who suspiciously disappeared in broad daylight inside a Philippine airport; and for an ordinary Moro baker who was tortured by soldiers inside a military camp and instead of being protected is now the one being charged and detained by government?

How can we afford to celebrate human rights day amidst this façade of hypocrisy?

Human rights advocacy in the Bangsamoro society is a lonely fight. It is almost suicidal to promote human rights amidst a highly militarized society that only respect the rule of the guns. Yet, many of the human rights defenders took the risk so that our people can enjoy and assert our basic rights and freedom. Now behind bars, our only hope lies upon the solidarity and support of national and international human rights organizations especially the United Nations whom we know will never forget us in this condition of great despair and suffering. Your solidarity during this darkest period of persecution and legal harassments will concretize the concept of universality and connectedness of our struggle.

For my Bangsamoro brothers and sisters, let us all join hands in supporting the transition period that will pave the way for the establishment of the Bangsamoro government. Our collective right to self-determination can only be achieved if we close our ranks against the oppressors and tyrants of our society. Let us put an end to warlordism and violence and work together to ensure that genuine reforms will indeed happen within our communities and be truly experienced by our people.

Democracy icon and Nobel peace laureate Aung San Suu Kyi in her Nobel lecture said that “To be forgotten, is to die a little.” I feel inspired when she asked the world “not to forget other prisoners of conscience, both in Myanmar and around the world, other refugees, others in need, who may be suffering twice over, from oppression and from the larger world’s “compassion fatigue.”

I am incessantly praying that with Allah’s help, I will be able to return home, back to the loving care of my family and the warm welcome of my people in Sulu. Insha Allah.

Temogen “Cocoy” Tulawie

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[from the web] IRCT welcomes advances on right to rehabilitation for torture victims

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IRCT welcomes advances on right to rehabilitation for torture victims 

November 19, 2012

The International Rehabilitation Council for Torture Victims (IRCT) welcomes the adoption of the UN Committee Against Torture’s General Comment on Article 14 of the Convention Against Torture. This is an important step forward in ensuring that torture victims receive adequate redress and reparations including rehabilitation services.

Miriam Reventlow, Head of Legal and Advocacy for the IRCT, says, “For too long, States have ignored their obligation to provide rehabilitation services to torture victims and left it to NGOs to deliver these crucial services. This General Comment not only makes clear that providing rehabilitation services is a clear obligation of States regardless of available resources, it also provides a very valuable contribution to determining what these services must contain and when and by whom should provide them.”

The General Comment clarifies a number of issues about victims’ right to rehabilitation under the Convention Against Torture.

1. It stipulates that rehabilitation services “should be holistic and include medical and psychological care as well as legal and social services” and further explains that rehabilitation services have to achieve as full rehabilitation as possible without regard to the resources available in the perpetrating State.

2. It establishes that “each State party should adopt a long-term and integrated approach and ensure that specialised services for the victim of torture or ill-treatment are available, appropriate and promptly accessible.”

3. It provides that services must be provided at the earliest possible point in time and that this must not depend on the victim pursuing judicial remedies.

4. Lastly, it establishes that rehabilitation services can either be delivered by State institutions or through funding of non-State services providers and the victim participation in the selection of service provider is essential.

The IRCT is very pleased that the General Comment makes a strong and detailed contribution to the obligation of States to provide rehabilitation services. The IRCT looks forward to working with our members and, where relevant, Government agencies to make this right a reality for all torture victims.

Source: http://www.irct.org/

For more information:
UN Committee Against Torture’s General Comment No. 3 on Article 14

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[People] Peace is possible if people work for it by Dr. Renato Mabunga

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Peace is possible if people work for it.

by Dr. Renato Mabunga, FREE ZONE

Greed of the few endangers happiness of the many…

The world marked the International Day of Peace last week, on September 21, the same day the Philippines marked the 40th anniversary of the declaration of martial law.

This year, the United Nations called on countries around the world to work for “sustainable peace for a sustainable future.” The UN statement highlighted the use and abuse of land and natural resources in instigating conflict situations.

The UN urged member states to initiate “ceasefires” and stop the wanton destruction of the environment and the bloody massacres of people out to defend their ancestral domains.
Early this month, gunmen ambushed a Subanen tribal leader in the southern Philippines. Timuay Locenio Magda survived but his 11-year-old son Jason did not.

Read full article @ renatomabunga.wordpress.com

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[Press Release] Thailand and Gabon first States to ratify new UN treaty giving children access to justice at the international level -Ratify OP3CRC

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Thailand and Gabon first States to ratify new UN treaty giving children access to justice at the international level.

Geneva/Manila, 26 September 2012 – Thailand and Gabon are the first countries to ratify the new international treaty on children’s rights, which allows children and their representatives to report rights violations to the UN Committee on the Rights of the Child. The ratifications are receiving strong support from NGOs around the world.

“Before this new treaty, it was almost impossible to challenge violations of children’s rights at the international level,” said Anita Goh, Co-Chair of Ratify OP3CRC – International Coalition for the OPCRC on a Communications Procedure, an alliance of children’s rights NGOs and institutions.

The treaty, a third Optional Protocol (OP) to the Convention on the Rights of the Child (CRC), establishes a channel of complaint for children whose rights have been violated, for example through violence, sexual exploitation, or lack of access to education. If violations cannot be addressed effectively by national courts, the UN Committee on the Rights of the Child will be able to examine them.

“We applaud Thailand’s and Gabon’s lead, and urge every country to ratify the OP to recognize children as full rights holders” said Ryan Silverio, representing Child Rights Coalition Asia, a member organisation of the International Coalition. “Ratifying this treaty is an important step towards ensuring that children have equal access to justice at the international level,” added Silverio.

“The International Coalition especially looks for leadership of States that supported the creation of the Protocol and all those that have signed it. We call for its entry into force by February 28, 2013, the first anniversary of its signing,” said Goh.
Thailand and Gabon ratified the Optional Protocol to the Convention on the Rights of the Child at the UN annual treaty event on 25 September 2012, in New York. The Protocol enters into force once ten States ratify it. It can then be used by children and their representatives in every state where it is ratified.

Background information

Thailand was part of the core group of twelve States (Austria, Chile, Egypt, Finland, Germany, Kenya, the Maldives, Slovakia, Slovenia, Thailand and Uruguay) that led the drafting of OP3 CRC.
Other States have initiated the ratification process. For example, Germany adopted a draft law on the ratification of the OP in August 2012.

Fifty-five States expressed official support for OP3 CRC when it was adopted by the United Nations in 2011: Albania, Andorra, Austria, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Chile, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Equatorial Guinea, Estonia, Finland, Germany, Greece, Guatemala, Honduras, Hungary, Ireland, Japan, Jordan, Kazakhstan, Kenya, Liechtenstein, Luxembourg, the former Yugoslav Republic of Macedonia, Maldives, Mali, Montenegro, Morocco, Panama, Paraguay, Peru, Poland, Portugal, Senegal, Serbia, Slovakia, Slovenia, Spain, Thailand, Timor-Leste, Turkey, Ukraine, United States of America, Uruguay and Zambia

As of 25 September 2012, in addition to Thailand, thirty-one States have signed OP3 – indicating their intention to ratify: Albania, Argentina, Austria, Belgium, Brazil, Cape Verde, Chile, Costa Rica, Cyprus, Finland, the former Yugoslav Republic of Macedonia, Germany, Italy, Liechtenstein, Luxembourg, Madagascar, Maldives, Mali, Malta, Mauritius, Montenegro, Morocco, Peru, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Turkey and Uruguay.

For more information and interviews, please contact:

Anita Goh, NGO Group for the CRC, Co-Chair of Ratify OP3 CRC – International Coalition for the OPCRC on a Communications Procedure (in English, French or Spanish), based in Geneva, Switzerland, on +41 763581222 or goh@childrightsnet.org

Ryan Silverio, Child Rights Coalition Asia, Member of Ratify OP3CRC – International Coalition for the OPCRC on a Communications Procedure (in English), based in Manila, Philippines, on +632-3766388 or rsilverio@childrightscoalitionasia.org

Ratify OP3 CRC – International Coalition for the OPCRC on a Communications Procedure, a group of over forty national, regional and international children’s rights NGOs and institutions, is guided by a Steering Committee composed of: African Child Policy Forum, Eurochild, Child Rights Coalition Asia (CRC Asia), Child Rights International Network (CRIN), Global Initiative to End All Corporal Punishment of children (GIEACP), NGO Group for the Convention on the Rights of the Child (NGO Group for the CRC), Kindernothilfe, Plan International, Red latinoamericana y caribeña por la defensa de los derechos de los niños, niñas y adolescentes (Redlamyc), Save the Children, Terre des Hommes International Federation (TDHIF), and World Vision.

For background information on the International Coalition, see: www.ratifyop3crc.org

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[In the news] UN Calls On Philippines to Protect Human Rights Defenders

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UN Calls On Philippines to Protect Human Rights Defenders

July 10, 2012

UN Independent Experts Call On Philippines to Protect Human Rights Defenders

New York, Jul 9 2012 – Two United Nations independent experts called on the Government of the Philippines to urgently adopt measures to protect human rights defenders and investigate the increasing number of threats and killings targeting them over the past months.

“A number of cases have been reported to our mandates involving death threats and, in the worst of cases, killings of human rights defenders since the killing of Fr. Fausto Tenorio in Mindanao last year,” the Special Rapporteurs on human rights defenders and extrajudicial killings, Margaret Sekaggya and Christof Heyns, respectively, said in a news release.

Mr. Tenorio was an Italian missionary who was killed on 17 October last year, reportedly for his efforts in helping indigenous people assert their rights to ancestral lands.

In particular, the experts expressed dismay about the case of Francisco Canayong, who was stabbed to death in Salcedo, Eastern Visayas, on 1 May. The authorities had been alerted of death threats against him and other human rights defenders a few weeks before the killing.

Read full article @ www.scoop.co.nz

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[People] Defeating ‘twisted culture’ of torture by Dr. Renato Mabunga

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Defeating ‘twisted culture’ of torture

Ending practice requires ‘open declaration of war‘ on perpetrators
by Dr. Renato Mabunga
ucanews.com

On Tuesday, the United Nations marked the “International Day in Support of Torture Victims.” It was a significant day filled with simple and substantial ironies.

In Manila, about 600 human rights advocates, military and police personnel “tortured” motorists who were stranded on a major thoroughfare while a procession demonstrating against torture passed.

A more significant irony was the declaration of the country’s police and military headquarters as “torture-free zones” even as detainees claimed the contrary.

Freedom from torture is neither a palliative nor a piece of legislation that a government brags about to hide its non-compliance. Freedom from torture is supposed to be a product of an organizational culture deeply imbedded in the practice of good policing and security service.

This is not the case in the Philippines.

Peasant leader Franklin Barrera from Atimonan in Quezon province was abducted, hit by a butt of a rifle on the nape, and made to swallow three spoonfuls of salt after failing to identify persons on a photograph shown to him by soldiers.

The duality between action and the pronouncements of security forces in the Philippines makes one doubt the sincerity of state agents.

Read full article @ www.ucanews.com

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[Statement] June 26 AMSA-Philippines Solidarity Statement for the International Day in Support of Victims of Torture

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June 26 AMSA-Philippines Solidarity Statement for the International Day in Support of Victims of Torture
June 26, 2012

June 26 AMSA-Philippines Solidarity Statement for the International Day in Support of Victims of Torture

This day, as the world remembers and honors those who have fallen and survived the menace of torture and ill humane treatment, we AMSA Philippines stand in solidarity with individuals, communities and organizations and to all human rights defenders working against torture.

Torture is the prodigious nemesis of the realization of human rights. It carts off the very essence of human being – destroying the dignity, will and well-being of the individual and impugns the reason of existence.

Torture had long been denounced by civil communities. Significant works has been established by various entities to curtail the perils of torture and ensure redress for the victims and adequate compensation for its effects.

Time and again, we in the medical profession are reminded of our obligation towards torture victims and our role in their rehabilitation as described in various declarations and treaties. Do no harm and alleviate suffering and distress are the fundamentals invariably found in our codes and ethics. Let these injunctions be our reminder as we future physicians prepare ourselves to be the army of the community we will be serving against assault to human rights and impediments to well-being.

Today, as the world marks the United Nation’s International Day in Support of Victims of Torture, AMSA Philippines upholds the right to redress and rehabilitation of torture victims. We call on our colleagues – the future physicians, to assume the responsibilities embodied in our codes. Compassionate care is in the very art of healing. We need not to wait to be full pledged medical practitioners to prevent torture and ensure rehabilitation of its victims.

For health and human rights!

#

Prepared by:
Ethel Joy E. Agaid
National Officer for Human Rights and Peace
norp.amsaphil@gmail.com

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[Statement] Human Rights Community Commemorates International Day Against Torture by free zone -HRD-Pilipinas

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Human Rights Community Commemorates International Day Against Torture by free zone
26 June 2012

In 1997, the United Nations General Assembly decided to mark this historic date and designated 26 June each year as International Day in Support of Victims of Torture.

On this significant day, the Human Rights Defenders-Pilipinas together with the human rights communities worldwide commemorates this important date in pushing through a much needed process of globalizing human rights and acknowledging torture, and all forms of inhuman or degrading treatment or punishment, as absolutely prohibited and universally illegal.

Torture has no place in a civilized society like ours. But we are gravely concerned of its continuing practice not only to persons under investigation but against human rights defenders.

A recent case showed that farmer-leader Franklin Barrera, 18, claimed that he was abducted and tortured by the military. This happened on June 7, 2012 in Lopez, Quezon Province.

Barrera was allegedly hit in the nape with a rifle butt when he failed to identify the persons in the picture presented by the military. He claimed that he was forced to swallow three spoonful of salt and made to drink water to liquefy it. He managed to escape and was eventually confined at Doña Martha Memorial Hospital in Atimonan, Quezon.

Given this incident, we call not just for a reorientation but also reformation of our institutions in the work for human rights, particularly the protection and promotion of the rights of human rights defenders with the likes of Barrera.

Soon we hope that human rights defenders are truly considered partners in the creation of a worldwide culture of human rights, peace and development — where torture becomes a thing of the past and where human rights defenders are protected in the conduct of their duties.

In the latest United Nation’s process of Universal Periodic Review (UPR) last month, the Philippines claimed a decrease in the number of reported cases of torture, enforced disappearances and extra-judicial killings; but, one victim of any human rights violations is too many. Efforts to prosecute perpetrators remain insufficient. And there is still much concern over slow convictions for human rights violations.

Up until now, cases involving Maj. Gen. Jovito Palparan, Jr, who is accused of torture, killing and disappearance of political activists have not been resolved. Palparan is still at large. Based on unconfirmed reports he is currently under the protection of close friends in the military and private individuals.

It is not a question of whether or not cases of torture have been lessened. It is on how our government solves and permanently eradicates this procedure in their practices. The police and military should seriously respond to this challenge by identifying concrete steps, clear policy and truthful implementation of their sworn duty based on the international standards of human rights.

Finally, as a measure of sincerity to end cruel, degrading and inhuman act, the government especially President Benigno Aquino III must openly declare war against torturers, and yield them with appropriate penalties they deserve.###

http://ireport.cnn.com/docs/DOC-807463
http://renatomabunga.wordpress.com/2012/06/26/human-rights-community-commemorates-international-day-against-torture/

[Appeal] Did you know there’s more regulation on the global trade of bananas and bottled water than guns and bullets? -AI Australia

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Did you know there’s more regulation on the global trade of bananas and bottled water than guns and bullets?

It’s been a while since we were last in touch with you. But right now we have a once-in-a-lifetime opportunity to protect millions of lives around the world devastated by armed violence — and I’m asking for your support to help win our campaign.
Bananas and bullets

Last year, when protesters throughout the Arab world demanded change, military forces in Egypt, Syria, Bahrain and beyond responded with deadly force, staining the streets with the blood of more than 8,000 people.

This could happen because countries including US, Russia, UK and France have been exporting bombs, bullets and other weapons into the region for years — putting their own multi-billion-dollar profits above the value of human lives.
In fact, just six countries supply a whopping 74 percent of the world’s weapons [1], and the US is by far the world’s biggest exporter, making up 35 percent of the world’s total figure.

Tell the US government to stop weapons transfers to human rights abusers, and help take this campaign further by sharing our attention-grabbing ‘infographic’ with your friends and family.

Right now there’s virtually no accountability for how weapons traded between countries are used. In February this year, Egyptian riot police used shotguns and live ammunition to disperse protesters, killing 16 people and injuring hundreds more [2]. And just two weeks ago, the US State Department approved a $1.3 billion “military aid package” to Egypt, without any adequate safeguards that weapons wouldn’t be used to commit abuses [3].

Our best chance of stopping tomorrow’s atrocities means keeping the world’s weapons out of the wrong hands — and this year we have a once-in-a-lifetime opportunity to do just that.

In July, all UN member countries come together to debate the adoption of a global Arms Trade Treaty. Our job is to convince as many governments as possible to agree to a strong treaty that keeps weapons away from dictators and tyrants — and that’s where you come in.

The US government is formulating its position on adopting an arms treaty right now. Click here to join Amnesty supporters worldwide in building pressure on the US to stop sending weapons to human rights abusers.

It’s simply unacceptable that the global trade of bananas is more regulated than the sale and transfer of guns and bullets. Together, we’ll change this. Join our global campaign to prevent the next human rights tragedy.

We look forward to keeping in contact about our Arms Trade Treaty campaign and other important human rights news.

Ming Yu
Arms Trade Treaty campaigner
Amnesty International Australia

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[In the news] EDITORIAL – Empowering rural women -PhilStar.com

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EDITORIAL – Empowering rural women
The Philippine Star
March 8, 2012

International Women’s Day is marked today with the theme of empowering rural women as a means to end hunger and poverty. The theme for 2012 resonates even in a country that has had two women presidents and where there are tough laws promoting gender equality. As important as the theme, particularly in this country where there are strong laws but weak enforcement, is the Women’s Day message of United Nations Secretary-General Ban Ki-moon: “Invest in rural women. Eliminate discrimination against them in law and in practice.”

The message is relevant in the Philippines, where millions of impoverished women are unaware of the tough laws that have been passed to protect them from various forms of abuse and discrimination. Women and their children continue to suffer from domestic violence despite the enactment of a law specifically targeting the crime. Women and young girls continue to be trafficked for sex and illegal forms of labor. Male lawmakers and the male-controlled Catholic Church have long stood in the way of legislation to give all Filipino women, including the poor and less educated, access to reproductive health care, despite the country’s commitment to achieve the UN’s Millennium Development Goals. UN studies also show that only a third of rural women in developing countries receive prenatal care compared to 50 percent in developed regions.

Read full article @ www.philstar.com

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