Module 3 - Human Rights-Based Policing.

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Module 3: Human Rights-Based Policing.

 Human Rights Education - CLJ2

Why must the PNP promote and protect human rights?


 The PNP must promote and protect human rights because this task lies at the very core of
maintaining peace and order, ensuring public safety, and upholding the rule of law in the
country. It can be said that Human Rights Protection is the First Business of Policing.

U.N. Code of Conduct for Law Enforcement Officials:


1. Always perform duties under the law

2. Respect and safeguard human rights

3. Use force only when strictly necessary

4. Respect confidentiality

5. Never inflict any act of torture or ill-treatment

6. Safeguard the health of all those in custody

7. Never commit any act of corruption

8. Respect the law and this Code

PNP Doctrine, Policies, and Issuances on Human Rights


Human rights are emphasized in the following PNP doctrine, code of conduct, and policies:
 The PNP Ethical Doctrine - states that “all members of the Philippine National Police… shall
serve with utmost responsibility, integrity, morality, loyalty, and efficiency with due respect to
human rights and dignity as hallmarks of a democratic society” (PNP Ethical Doctrine
Manual, Chapter I, Section 2, DHRDD 1995 Edition).

 The PNP Code of Professional Conduct and Ethical Standards - expressly cites respect for
human rights as a high standard that must be maintained during the performance of police
duties (Chapter III, para 2.9)

 Letter of Instructions 55/07 (LOI Pamana) - states that “members of the Philippine National
Police shall embrace the highest principles of the Universal Declaration of Human Rights. It
also emphasizes that respect for human rights and dignity shall apply to everyone including
all members of the police service, regardless of education, gender, religion, political beliefs
and all other types of status.
 PNP Core Values - seek to instill in all PNP personnel a godly (Makadiyos) and humane
(Makatao) thoughts and behavior in both their official and private life. Being godly and
humane entails having a genuine understanding and respect for human rights.

 Human Rights-Based Policing (HRBP) - is the comprehensive, systematic, and institutional


compliance with international human rights standards and practices in the conduct of police
or law enforcement functions. It is also an approach to policing that defines the relationship
between individual citizens and various groups or sectors of society as claim holders whose
rights have to be respected and protected by the police; and the Police as duty holders that
have obligations to respect, protect and fulfill human rights. HRBP also aims to empower
claimholders to claim their rights, while strengthening the capacities of duty-holders to meet
their duties and obligations as human rights protectors.

Characteristics of Human Rights-Based Policing


1. Strict Observance of Police Policies and Procedures - Human Rights-Based Policing entails
strict observance of police policies and operational procedures. Most, if not all violations of
human rights occur when police officers do not follow established policies and procedures.
Shortcuts, omissions, or blatant disregard for procedures are unacceptable behavior that
violate our national laws, PNP rules and regulations, and generally accepted socio-cultural
norms. When police officers follow and apply proper procedures, they uphold human rights
while doing all that is possible to ensure that the subsequent case to be filed in court against
a suspect would prosper, in the higher interest of justice.

2. Adherence to International Human Rights Standards for Law Enforcement - Human Rights-
Based Policing is about adhering to international standards of human rights in law
enforcement. There are at least ten (10) basic international human rights standards for law
enforcement that all police organizations around the world must strive to attain. By adhering
to international standards, the PNP is able to comply with a uniform set of principles and
practices that is expected from all police officers by the international community. Of course,
there are differences between Philippine laws and those of other states. The crime situation
in the country is also peculiar and some international standards may not be immediately
attainable in the Philippines. However, knowledge and recognition of international standards
paves the way for setting benchmarks for the gradual improvement of the organizational
philosophy, doctrines, physical infrastructure, systems, training and education, operational
procedures, values, and practices in the PNP.
3. Professional Competence and Courteous Service - Human Rights-Based Policing is
demonstrated through professional competence and courtesy. In order to prevent human
rights violations, the police must only use calibrated force to subdue suspects. This can only
be taught through realistic simulation of incidents involving both armed and unarmed
suspects; as well as compliant and resisting persons. They must understand that force is
only used when normal persuasion fails and when it is absolutely necessary to overcome a
threat to public safety. Upholding human rights is very similar to the Golden Rule which says
that we must treat others in the way we want others to treat us. When we render respect and
courtesy to citizens, there is a greater tendency for them to return that respect and courtesy.

4. Respect for Rule of Law and Civilian Supremacy - Human Rights-Based Policing is anchored
on the rule of law and recognition of civilian supremacy. From the term law enforcement, it is
understood that there can be no enforcement apart from the law. Any act of enforcement
(that is, the use of police powers or any manner of application of force) apart from the law
may be considered criminal, or at the very least, an abuse of authority. Respect for rule of
law and civilian supremacy is best exemplified when the police practices accountability for all
its actions or, as the case may be, inaction on matters related to the protection of people’s
legal rights.

5. Pro-Democracy and Pro-Citizen - Human Rights-Based Policing is democratic and citizen


centered. Democratic values are best demonstrated by the police when it seeks greater
participation by the community in maintaining peace and order. The police organization must
always remain responsive and relevant to the needs of the community --- which is actually
the PNP’s main clientele. Through dialogues and consultations with stakeholders, the police
are able to learn about the issues and concerns that must be addressed at the community
level. In most, if not all situations, full cooperation between the police and the community is
required in order to solve peace and order problems.

 Reinna Mae Osorio – Instructor

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