JAY AZUCENA

A Human
Rights and
Peace Agenda
on Good
Governance

he Filipino nation is in the midst of difficulties and challenges. Poverty, unemployment, hunger, urban blight, environmental
destruction, extrajudicial killings, insurgency, and corruption are among the glaring
manifestations of human rights violations that persist
in the country. These too are the root causes of conflict
and violence in Philippine society. Consider the following statistics:

JAY AZUCENA

HUMAN RIGHTS FORUM

26.9% or 4.7 million Filipino families are poor (2006)

12.22 million Filipinos are
classified as food-poor
7% of the total population
are not using an improved
water source
11.6 million Filipinos aged

6-24 years are out of school

1 out of 10 Filipinos cannot
read and write
2.9 million Filipinos are
unemployed (using the
new NSCB definition of
unemployment)
More than 80,000 families

were evicted from the railroad tracks from 2005-2006

with only half of them given relocation
More than 600,000 Filipinos
were displaced by internal
armed conflict in Mindanao from August-October
2008
57 journalists, lawyers and
civilians were massacred in
Maguindanao on November 23, 2009.
These problems and conditions reflect the weakness, if
not failure, on the part of the
Philippine government to fulfill its duties and obligations to
respect, protect and promote
the peoples right to life, to be
free from hunger, to adequate
health, affordable housing,
quality education and a healthy
environment. These likewise reflect the kind of governance the
countrys leaders, both current
and past, have practiced.
For the longest time, hu-

peoples and communities.

The Philippine government
is one of the member states of
the United Nations which has
consistently declared its commitment to human rights by
ratifying virtually all the key
human rights instruments. To
date, it is a State Party to eight
(8) major human rights laws:
the Convention on the Elimination of Racial Discrimination
(CERD), International Covenant on Civil and Political
Rights (ICCPR), International
Covenant on Economic, Social
and Cultural Rights (ICESCR),
Convention on the Elimination
of All Forms of Discrimination
Against Women (CEDAW),
Convention Against Torture
and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT), Convention on
the Rights of the Child (CRC),
Convention on the Protection of
the Rights of All Migrant Workers and Members of their Fami-

JOY ANNE ICAYAN

lies (CPMW), and Convention on the Rights of

Persons with Disabilities.
However, these commitments have been consistently contradicted
in practice by the State
with the persistence
and escalation of human rights violations,
and the perpetuation of a
culture of impunity with
the failure of the State to
prosecute and punish human
rights violators, serve justice
and provide just compensation,
reparation and rehabilitation to
all victims.
In the May 2010 national
elections, the Filipino people
will once again face the
duty and challenge of exercising their right of suffrage and choosing the leaders
of the nation. As in previous
elections, they will encounter
candidates projecting themselves as champions of the

JOY ANNE ICAYAN

man rights violations have

characterized the socio-political landscape of the country.
People have been denied essential goods and services that will
allow them to live in dignity,
grow and develop as productive and healthy individuals,
and be active participants in the
development process. Instrumental in the perpetuation of
this state of affairs is weak and
defective governance. Self-aggrandizement and power have
been the key motivations and
driving forces of government
officials in the exercise of State
functions. Corruption from the
lowest to the highest levels of
the bureaucracy, abuse of authority and disregard for the
rule of law, nepotism and cronyism, mismanagement and
misprioritization of government resources, and monopoly
of power, have been the tools
of State agents in marginalizing
the poor and disempowering

HUMAN RIGHTS FORUM

poor, defenders of the oppressed, hope of the nation,

and guardians of democracy.
The candidates will be armed
with all sorts of incentives, gimmicks and promises declaring
the peoples redemption is imminent and the birth of a great
nation is approaching once they
get elected into power.
But our people will no longer be fooled by traditional politicians who only have empty
promises to offer and a whole
term of self-enrichment and deceit in mind. We will demand
and expect a substantial and
meaningful program of government that is based on human
rights principles and a system
of governance that is transparent, responsible, based on the
rule of law, accountable and
participatory.
Thus, we present a Human Rights and Peace Agenda
on Good Governance, and we
challenge all candidates in the
May 2010 elections to integrate these into their program
of government and bring them
to fruition during their term of
office as public servants and
leaders of the nation. The human rights community and
various peoples organizations
will advocate and monitor this
Agenda throughout the entire
term of those elected in government. The Agenda covers 10
major areas:
1. Ensure respect for human rights and the rule of law
through strict implementation
of a security policy against the
brutal spiral of human rights
violations -- unlawful arrests,
secret detention, enforced disappearances, torture and other
forms of cruel, inhuman and
degrading treatment, and extrajudicial executions in the
name of counterinsurgency
and counterterrorism.
Like every country, the
Philippines has legitimate security needs. International human rights standards recognize
the legitimate needs of states in
that field. However in the Philippines, national security concerns have often been invoked
as an excuse to justify human
10

HUMAN RIGHTS FORUM

Photos: JAY AZUCENA

rights violations against real or

alleged members of left-leaning political groups, using the
assumption that such left-leaning groups are fronts of the
Communist Party of the PhilippinesNew Peoples ArmyNational Democratic Front or, in
some areas in Mindanao, of the
Moro Islamic Liberation Front.
Military propaganda accuses
leaders of non-governmental
organizations and progressive
political groups of being allied with enemy groups or
enemies of the State. In an
increasing number of cases, the
military has also accused leaders and staff of such groups of
various criminal acts, including
multiple murder.
Issue an executive order
which clearly states the administrations position to stop the practice of enforced disappearances
and extrajudicial executions in
the country. In particular, set up
a mechanism that disallows the
appointment to senior positions
in government and the military of
officials who have been involved in
enforced disappearances and extrajudicial executions, including
through command responsibility.
This should include those who are
named as respondents in ongoing
criminal cases with element of serious human rights violations, particularly enforced disappearances.
Introduce effective measures
to have a national quick response
hotline whereby families of victims
of arbitrary or warrantless arrests
can access and seek recourse.
Restore civil society representation and membership in the

Presidential Human Rights Committee (PHRC).

Ensure that the arrest and detention procedures followed by the
police and military comply with international human rights laws and
standards, by implementing appropriate sanctions for those who fail
to follow such human rights-based
procedures.
Order the Armed Forces of
the Philippines to stop the practice
of arbitrary or secret detention and
close any secret detention facilities in operation, including those
in military camps and temporary
military detachments in the countryside.
Capacitate the Commission
on Human Rights (CHR) of the
Philippines to independently monitor in coordination with human
rights organizations the human
rights of all detainees, including
providing CHR personnel unimpeded access to all places of detention and all detainees.
Ban the techniques, specifically torture and other forms of
ill-treatment and enforced disappearance, used by the military
and police investigators/operatives
during questioning and interrogation, and ensure that appropriate
sanctions are in place against those
who perpetrate such human rights
violations.
Stop and prohibit incommunicado detention. All detainees
should have prompt access to the
outside world, including their relatives, lawyers and doctors.
Ensure that all detainees are
able to effectively exercise their
right to challenge promptly the
lawfulness of their detention before

a court, and guarantee that they

will be immediately released if their
detention is found to be unlawful.
Commit to transparent, independent, judicial investigations
of any credible allegations against
anyone suspected of enforced disappearances and extrajudicial executions, particularly those who
are deemed untouchable because of
their political or military powers.
Review the current witness
protection program towards its
strengthening and with a view of
securing convictions against human rights violators through the
enrollment into the program of
credible witnesses who would otherwise not be motivated to give
their testimony.
Legislative Agenda
Immediately sign the International Convention for the Protection of All Persons from Enforced
Disappearances as a step towards
ratification.
Certify as urgent the ratification by the Philippine Senate of
the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading
Treatment or Punishment.
Certify as urgent the passage
of a law criminalizing extrajudicial
execution.
Certify as urgent the repeal
of BP 880 or the Public Assembly
Act.
Amend Republic Act No.
9372 or the Human Security Act of
2007 to ensure that no person will
be unjustly persecuted based on
his/her political ideology or belief,
provided that such belief or ideology does not translate into political
acts that endanger the life and human rights of others.
Revoke Executive Order 464
or the Gag Rule.
2. Reform the security forces and the judiciary.
The Philippine judicial and
law enforcement sectors lack
the personnel, infrastructure,
training and political will to
respect, protect and promote
human rights. The Department
of Justice (DOJ), which serves
as one of the governments lead
agencies for the implementation
and mainstreaming of human
rights, suffers from systemic

corruption and a lack of qualified judges and prosecutors. Judicial personnel remain susceptible to pressure by public office
holders and rich and powerful
private individuals. Resolution
of cases remain slow, with trials often lasting years. Citizens
lack confidence in the formal
justice institutions and regard
them as slow, ineffective and
often corrupt. Most Filipinos
have difficulty accessing courts
and legal assistance; most could
not afford court fees or travel
costs.
The Armed Forces of the
Philippines (AFP) is one of the
smallest militaries in the world,
particularly in relation to the
countrys population. Its use
of poorly trained and sometimes undisciplined force multipliers have resulted in abusive practices. In parts of the
country where these government-backed paramilitaries are
used by local political families
and warlords as their private
armies, the authority and legitimacy of the central government
has been undermined. Current
laws and policies, particularly
EO 546 which directs the PNP
to actively support the AFP in
internal security operations for
the suppression of insurgency
and other serious threats to
national security, have been
interpreted to allow the use
of paramilitary groups in the
governments counterinsurgency operations, with auxiliary
groups and civilian volunteer
organizations (CVOs) having
accountability only to the local
chief executive at best.
Implement a clear and transparent mechanism to prevent the
appointment of present and former
government and military officials
with credible allegations or records
of human rights violations to senior
levels of government, law enforcement and the judiciary, as well as
to provincial, regional and national command posts of the military,
including but not limited to those
who are named as respondents in
on-going court cases related to serious human rights violations.
Suspend from their post
where they can exert power or influence over victims and witnesses

government, military and police officials undergoing investigation for human rights violations or
named as respondents in criminal
cases, and issue appropriate sanctions when found guilty.
Bring to justice (in proceedings which meet international
standards of fairness) military or
police personnel regardless of rank,
including those with command
responsibility, identified by investigations as responsible for human
rights violations.
Incorporate international
human rights and humanitarian
law standards as an integral and
permanent component of training
for police, military and their auxiliaries, particularly through the development and implementation of
a practicable human rights primer
for agencies belonging to the countrys security sector. The human
rights primer must include practical information such as rightsbased procedures for arrest and
detention, appropriate use of force
when necessary, interrogation of
criminal or terrorist suspects without recourse to torture and other
ill-treatment in any circumstance.

Sufficiently capacitate and

give mandate to the AFP and PNP
human rights offices/desks so they
will be able to promptly and credibly conduct detailed and impartial
investigations on credible allegations of human rights violations,
so that it no longer relies on investigations done by regional commands on the ground on their own
personnel. For high profile cases,
such investigations should be done
alongside the CHR and reputable
independent human rights monitors for purposes of of transparency
and credibility.
Immediately transmit to the
Senate for deliberations the instrument of ratification for the Rome
Statute of the International Criminal Court (ICC).
Legislative Agenda
Revoke Executive Order 546.
3. Review the counterinsurgency plan/policy and establish
a truth and reconciliation mechanism as part of the peace process.
Despite clear and repeated
calls by Filipinos and the international community for

truth and accountability for the

countrys deplorable record of
serious human rights violations
and abuses, particularly those
committed in the context of
the longstanding and intermittent armed conflicts between
the AFP and the Moro Islamic
Liberation Front and the New
Peoples Army, only a handful
of individuals have been prosecuted for serious violations of
human rights in the last four
decades.
Integrate human rights principles in the peace process, and
include in the peace talks agenda,
both with the MILF and the NPA,
provisions on mutual cooperation
on human rights protection, and
timely and impartial investigations on credible allegations of
human rights and IHL violations
committed in the context of the
armed conflicts.
Review Oplan Bantay Laya 2
and other counterinsurgency policies, with input from the CHR, to
ensure that all counterinsurgency
plans/policies comply with International Humanitarian Law and
not infringe on the human rights
of all peoples.
Exercise full control and
accountability over all government-backed paramilitary groups/
force multipliers, particularly the
CAFGU, Special CAFGU Active
Auxiliary (SCAA), CVO, police
auxiliaries; and establish operational guidelines, a clear chain of
command and an accountability
mechanism for all of them. Clearly
define the different functions and
limitations of these units. Also look
into the possibility of disbanding
such groups.
Establish a truth-telling
commission to document human
rights violations experienced as a
consequence of the internal armed
conflicts in the country, to aid the
justice and reconciliation aspects
of the peace process. This mechanism should operate alongside,
rather than substitute, any judicial
proceedings related to the human
rights violations in the context of
the armed conflict, and be composed not only of government officials, but also people from credible
independent bodies. Genuine national reconciliation can only happen if and when authorities take
HUMAN RIGHTS FORUM

11

steps to establish the truth and face

up to the crimes of the past, provide
justice and reparation for the victims, and end the continuing chain
of impunity for armed conflict-related human rights violations.
Hold accountable government and military officials who
have committed human rights
violations in the Philippines counterinsurgency efforts against the
NPA and the MILF. The new
administration must commit to a
transparent and independent judicial investigation of all credible
allegations against government
and military officers leading to
prosecution of the violations. With
the requisite political will and independent oversight, the damage
to the rule of law can be repaired,
greatly improving the credibility of
the new government and creating a
positive and enabling environment
for the peace process.
Ensure that AFP officers who
have been identified as suspects of
serious human rights violations,
including through command responsibility, be barred from holding senior government posts until
such time that their names have
been cleared by a civilian court
(if there is a court case), or by the
CHR after an independent, transparent and credible investigation
(if there is no court case), or any
other independent human rights
monitors agreed upon by both parties in the peace process.
Legislative Agenda
Certify as urgent the passage
of a law on the compensation of all
victims of human rights violations
particularly during the martial law
regime.
Certify as urgent/priority the
enactment of a law that will implement a general amnesty program
for members of rebel groups that
would also provide immunity from
suits arising from their activities
while inside the organization.
4. Provide sustainable rehabilitation and resettlement
assistance to internally displaced persons in the GRPMILF armed conflict
More than tens of thousands
of Filipinos continue to be internally displaced due to the internal armed conflict particularly
12

HUMAN RIGHTS FORUM

Photo: JM VILLERO

in southern Philippines. The

situation remains desperate
for people displaced in conflict
zones, particularly after the onslaught of typhoons, continuing
security risks, and their loss of
livelihood and other means of
sustenance. They face scarce job
opportunities and have very
limited access to land, housing,
water and basic services essential for the realization of human
rights.
Provide sustained assistance
to the displaced people, including
essential food and potable water, basic shelter, appropriate clothing and
heating materials as well as essential
medical services and sanitation, in
line with the UN Guiding Principles
on Internal Displacement.
Ensure free and safe passage
of humanitarian assistance to Moro
and Lumad communities displaced
from their homes due to humanmade and natural calamities
. Ensure that displaced families returning to their homes have
their land and property restituted
and implement effective mechanisms for resolving land disputes.
Implement resettlement, rehabilitation as well as reparation/
indemnification programs/services
to all internally displaced persons
due to armed conflict.
5. Integrate human rights
principles in the Medium
Term Development Plan.

Development is a human
right to which all peoples and
communities are entitled and in
which they should have an active and meaningful role. The
Philippine government has consistently implemented a development paradigm that has been
characterized as export-oriented, foreign debt driven and
foreign investments dependent.
Such development framework
has had serious repercussions
on the peoples rights and undermined the countrys national patrimony. As the principal
duty bearer, it is an obligation
on the part of the State to create an enabling environment
that will lead to the realization
of the peoples right to development.
Set up a human rights office or desk in all line agencies of
the government and in all levels
of governance as a mechnism to
monitor State compliance with its
international HR obligations.
Ensure active and meaningful participation of peoples/communities in decision and policymaking bodies/structures, especially on matters that affect their
lives, through their representation
and involvement, specifically in
development councils and other
development planning structures,
in all levels of governance.
Ensure that all international
treaties, bilateral agreements and

other forms of international commitments entered into by the President and/or Philippine Senate are
based on and consistent with human rights norms, standards and
principles.
Stop all forms of development aggression projects that seriously threaten and/or attack the
peoples economic, social and cultural rights, deprive people of their
means of subsistence, and result in
the destruction of the environment,
such as conversion of agricultural
lands, large-scale mining operations, construction of infrastructure projects like dams, etc.
Ensure the effective implementation of a comprehensive
agrarian reform program that respects and protects the rights of
Filipino peasants to life and productive resources.
Insitute measures, mechanisms and procedures that will effectively address graft and corruption in all levels of government and
that will ensure transparency and
accountability in all transactions,
projects, agreements and services
entered into by the government at
all levels.
Legislative Agenda
Certify as urgent or priority
the repeal of Presidential Decree
No. 1177 or the Automatic Appropriations Law issued by former
Pres. Ferdinand Marcos, which
mandates the National Government to automatically appropriate
funds for principal and interest
payments for public debt servicing (e.g., Senate Bill No. 1591 or
Automatic Debt Appropriations
Cancellation Act of 2007 filed by
Sen. Antonio Trillanes during the
First Regular Session of the 15th
Congress).
Immediately sign the Optional Protocol of the International
Covenant on Economic, Social and
Cultural Rights to facilitate the
process of ratification within the
new administrations term.
Certify as urgent/priority
the repeal of the Philippine Mining Act of 1995, and the passage of
an Alternative Mining Act that is
in accordance with human rights
norms, standards and obligations,
and that respects the rights of indigenous peoples and marginalized
communities.

6. Advance the social and

cultural rights of the people.
Everyone has the right to
enjoy the highest standards
of health and health care. The
state is obliged to ensure that
its citizens are adequately nourished and free from hunger. It is
likewise the duty of the State to
establish a responsive program
for social housing and protect
the public from unjust evictions
from their homes. Everyone
has the right to free, accessible,
relevant, nationalistic education that is gender and culturally sensitive, responsive to our
needs, and advances the culture
of human rights.
Expand programs, facilities,
goods and services that contribute
to the realization of the rights and
welfare of vulnerable groups, specifically the elderly, persons with
disabilities and rural poor.
Legislative Agenda
Certify as urgent the passage
of a Comprehensive Public Health
Act that will provide the poor and
marginalized sectors with adequate
health care and access to quality
and affordable medical facilities,
goods and services, and will protect the rights of patients.
Certify as urgent the enactment of a Magna Carta for Students Rights and Welfare.
Certify as urgent the enactment of a law that would include
human rights and peace education
in all levels of the Philippine educational system.
Amend existing legislations
regarding social housing, demolition
and evictions so these are consistent
with the respect and protection of the
peoples right to adequate housing.
Enact a law that would criminalize
illegal demolitions.
7. Pursue the promotion
and protection of children and
womens rights.
All children and youth
have the right to special care,
education, health and protection against all forms of abuse,
discrimination,
exploitation,
corruption, and inhuman conditions affecting their physical, emotional, intellectual and
moral development. The State
shall protect and defend both

Photo: JAY AZUCENA

women and men from discrimination, exploitation, trafficking,

assault, battery and other forms
of abuse and violence, and shall
recognize their equal rights as
partners in nation building.
Legislative Agenda
Certify as priority the passage of a Womens Reproductive
Health Bill that promotes womens
rights, gender equality and nondiscrimination.
Enact laws and institute reforms that would ensure access
and equal representation of women
in all decision and policy-making
bodies of government and other
fields of endeavor.
Certify as urgent the passage
of an anti-discrimination law that
recognizes the rights of all regardless of sexual orientation including
the rights of lesbians, gays, bisexuals and transgenders.
8. Respect and protect the
rights of indigenous and Moro
peoples, particularly their
rights to self-determination
and ancestral domain.
The State must guarantee
the rights of indigenous and
Moro peoples by protecting
them from all forms of discrimination and displacement, and
recognizing, respecting, and
protecting their inherent right
to their ancestral domain. The
State shall also ensure that its
development programs do not
threaten the survival of the indigenous and Moro peoples,

nor destroy their own culture,

language, tradition, and belief.
Legislative Agenda
Introduce amendments to the
provisions of the Indigenous Peoples
Rights Act (IPRA) that would debureaucratize and simplify the process of application and certification
of ancestral domain/land claims;
make it more responsive to the nuances and differences of the culture
and traditions of indigenous peoples;
and revise the existing guidelines
on securing the Free, Prior and Informed Consent (FPIC) which are
in conflict with and violative of the
IP right to information, freedom of
expression, right to participate in
decision-making, and right to selfdetermination.
Enact a law that will criminalize all forms of terrorist profiling, discrimination, and prosecution of Moro peoples and practitioners of the Muslim faith.
9. Ensure the promotion
of workers rights by creating
an enabling environment that
will respect and protect their
rights from all forms of violations and abuses, both by State
and non-state entities
It is the obligation of the
State to protect the right of the
people to an independent economic policy, free from foreign
domination and intrusion, and
a self-reliant economy that is
against oppressive and unreasonable trade liberalization
policies, and subservient debt

management strategies that

only push the people further
into the debt trap.
Develop and implement a sustainable employment generation program that promotes workers rights
and is not anchored on a policy of
labor liberalization through exportation of human labor.
Ensure the protection of workers rights, primarily addressing
issues of labor contractualization/
casualization, violations of trade
union rights, substandard working
conditions, low wages, etc.
Legislative Agenda
Enact a law that would cancel
all trade agreements that only benefit the interests of foreign capital
and undermine our own economic
growth and development.
Amend the Labor Code to
strengthen the right to strike, and
the right to form trade unions.
10. Fulfill the States international human rights commitments and obligations.
Develop and adopt concrete
programs, policies and measures
leading to the effective realization
and implementation of all the Concluding Observations of the various UN treaty-monitoring bodies,
namely:
i. Committee on Economic, Social and Cultural Rights
ii. Committee against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
iii. Committee on the Rights of
the Child
iv. Committee on the Elimination of all Forms of Discrimination
against Women
v. Committee on the Protection
of the Rights of All Migrant Workers and Members of their Families
vi. Committee on the Elimination of All Forms of Racial Discrimination
Note: This agenda was presented during the Forum on Human Rights and Peace in Good Governance, organized by the Association of Major Religious Superiors in the Philippines (AMRSP)
and its Mission Partners in partnership with De La Salle College
of Saint Benilde (DLS-CSB) on
January 28, 2010.
HUMAN RIGHTS FORUM

13