On Painting of Private Homes of Alleged "Drug Pushers"

          Secretary Alfredo S. Lim of the Department of Interior and Local Government (DILG), has ordered the police nationwide to spray-paint all private homes of alleged or suspected drug pushers in Manila.

          While the spray-painting may have a laudable motive to eradicate the growing drug menace, the Commission on Human Rights expresses its grave concern as to its adverse effects on human rights of individuals and on the right of privacy.

          The spray-painting of private homes of persons alleged to be drug pushers is in effect convicting the homeowner as a drug pusher without any due hearing in violation of the Constitutional rights of due process of law. Any person is entitled to be heard before he is condemned. (Article III, Section 14 (2), Philippine Constitution)

          The order of the Honorable DILG Secretary also violates the right of privacy of individuals. Article 17 of the International Covenant on Civil and Political Rights provides:

 "Everyone has the right to the protection of the law against such interference or attacks."

          The right to privacy is reiterated in Article III, Section 2 of the Philippine Constitution.

          The order of the Honorable DILG Secretary, therefore, is of doubtful validity, as it contravenes human rights, which the Philippines Constitution guarantees under Article II, Section 11, that the "State values the dignity of every human person and guarantees full respect for human rights."

          Quezon City, 17 January 2000

 

On the Declaration of Certain Streets in the City of Marikina as "Drug Risk Area"

          Ordinance No. 245, Series of 1997, of the City of Marikina, has declared, among others, "drug risk areas," meaning, "places where the presence of drug pushers, distributors of prohibited drugs are commonly known shall be identified by the proper police authorities."

          Section 4 and 5 of said ordinance reads:

 "Section 5. It shall be the duty of the OPSS officer, barangay official, or barangay tanod to list down the name of any non-resident entering the restricted premises including his or her address for the purpose of monitoring activities of persons in the said restricted areas."

          The Commission on Human Rights considers this said ordinance as a tolerable exercise of police power and if properly enforced, may not adversely affect the rights of individuals to travel.

          The recent news items, however, show that the Mayor of the City of Marikina has issued a warning to the residents of particular streets, namely: Singkamas and Mais streets in Barangay Tumana, Concepcion I, that he would forcibly evict said residents of the same area "who will not change their ways."

          This order, if carried out, will clearly violate the human right to travel. Article 12, Section 1 of the International Covenant on Civil and Political Rights of which the Philippines is a party to, reads:

          This right is also guaranteed under Article III, Section 6 of the Philippine Constitution, which reads:

          An earlier decision of the Supreme Court which is still respected today is "Villavicencio vs. Lukban, 39 Phil. 776 (1919) wherein the Mayor of Manila forcibly ordered the transfer of women of ill repute from their residence in Manila to Davao. The Supreme Court, in ruling that the order was unconstitutional, held that "these 170 women were isolated from society, and then at night, without their consent and without any opportunity to consult with friends or to defend their rights, were forcibly hustled on board steamers for transportation to regions unknown."

          The Commission on Human Rights issues this Advisory to express its concern about this recent city pronouncement of the Mayor of the City of Marikina and all local government authorities who might issue similar orders that any restriction on the right to travel contravenes human rights guaranteed in the International Covenant on Civil and Political Rights and the Philippine Constitution.

          Quezon City, 28, January 2000

 

On the Pre-Arranged Marriages of Filipino Women in South Korea

          In the past years, Filipino women were married to South Korean nationals whom the women have never met. A group called Unification Church, popularly known as "Moonies, " had arranged such marriages in the Philippines in the past. Only recently, as confirmed by Philippine Embassy officials, about 300 Filipino women went to South Korea purportedly to be given gainful jobs but it turned out that said women were married to Korean men whom they never met. There is no assurance that their free and full consent was secured.

          The Commission on Human Rights, pursuant to its constitutional mandate to provide legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, expresses its grave concern on this violation of women's rights.

          Article I, Section 1 of the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, entered into force in 1964, provides that:

          Likewise, Article 23 (3) of the International Covenant on Civil and Political Rights reads:

          Said marriage is also contrary to the concept of marriage as a basic social institution as provided in Article I of the Family Code which reads:

          Article II of the same Code also provides that consent must be freely given by the parties in the presence of the solemnizing officer. All marriages shall also be registered to prevent unlawful marriages.

          Article III of the Convention on Consent to Marriage provides:

          These arrangements are also contrary to Republic Act No. 6955, declaring unlawful the practice of matching of Filipino women for marriage with foreign nationals on a " mail order basis. " The women concerned run the risk of becoming victims of being exploited contrary to the Convention for the Suppression for the Traffic of Persons and of the Exploitation or the Prostitution of Others. The traffic of persons and of the exploitation of persons for prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community.

          The Commission on Human Rights renders this Human Rights Advisory to advise all public officials and all concerned on these international human rights instruments for the protection and promotion of human rights of women and the preservation of the family as a social institution as provided in Article 23 of the International Covenant on Civil and Political Rights.

          Quezon City, 22 February 2000

 

On the Revival of the Civilian Armed Forces Geographical Units (CAFGUs )

          Queries have been made from several quarters and the media on the position of the Commission on Human Rights on the to revive the militia forces known as the Civilian Armed Forces Geographical Unit (CAFGU), as a measure to prevent the increasing incidents of terrorist attacks and violence committed by rebel groups. While the motive of government might be laudable, the Commission on Human Rights manifests its grave concern on the possible dangers of violation of human rights of innocent people. The revival of the CAFGU is being justified as an emergency measure of protecting people from violence committed by criminal elements. The Armed Forces of the Philippines and the other law enforcing agencies are reminded of some provisions of international instruments on human rights of which the Philippines is a signatory.

          Article 4 of the International Covenant on Civil and Political Rights, reads:

No derogation from Articles 6, 7, 8 (pars. 1 and 2), 11, 15, 16, and 18 may be made under this provision."

          Article 5 of the same Covenant also reads:

"Nothing in the present Covenant may be interpreted as implying for any State, group, or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present covenant does not recognize such rights or that it recognizes them to a lesser extent."

          It has been a sad experience in the past that the CAFGUs have committed abuses on innocent civilians resulting in the violation of human rights. Armed as they were, some CAFGU elements have abused their authority. Some were even identified and mobilized as paramilitary members of groups such as Alsa Masa and Pulahans.

          Unless they are properly trained as required for the military and the regular police force and are subject to disciplinary sanctions, the armed CAFGUs might violate human rights of persons. It is to be recalled that active auxiliary units purportedly screened by local executives have formed part of the CAFGUs.

          The record of the Commission on Human Rights show that about 853 cases consisting of murder, execution, torture, disappearance, illegal arrest, and detention were filed with the Commission against 1,070 CAFGU members.

          Quezon City, 23 March 2000

 

On the Treatment of Non-Combatants Especially of Children and Women in Internal Armed Conflicts

          The Chairman and the four members of the Commission on Human Rights (CHR), during their recent trip to Mindanao, have confirmed that various human rights violations on women, children and noncombatants have been committed in the armed conflict between the Government forces and the rebel groups. The violations consists of (1) the recruitment of children for armed combat, (2) the use of women and children as human shields during emergencies, (3) the taking of hostages which include women and children and other civilians, (4) the employment of torture and inhuman treatment of captives, (5) the death of civilians and non-combatants due to indiscriminate bombings, and (6) the blockade that adversely affects the economic life of non-combatants and civilians.

          The Philippines is a signatory to a number of international instruments of human rights such as Protocol II to the Geneva Convention on the Rules of War now known as the International Humanitarian Law, the Convention of the Rights of the Children, now implemented through Republic Act 7610. Article 3 of Protocol II provides for the humane treatment and for the protection of non-participants in the armed conflict against (a) violence to life and person, such as murder, mutilation, cruel treatment and torture; (b) hostage taking; (c) outrages upon personal dignity, in particular, humiliating, and degrading treatment; and (d) summary justice or salvaging.

          The observance of Article 3 of Protocol II does not affect the legal status of the parties to the conflict. All it addresses is that both parties to the armed conflict should submit themselves to the civilized ways of conducting warfare and the observance of human rights.

          Paragraph 4 of Article 3 makes it absolutely clear that the objective of the convention is purely humanitarian, that it is in no way concerned with the internal affairs of States.

          The involvement of children for combat in any manner in armed conflicts violates also the Convention of the Rights of the Children. Children have been declared as "zones of peace. " Article 37 of the Convention on the Rights of the Child reads:

 (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances."

          The Commission on Human Rights, as an independent, impartial and neutral constitutional body, does not commit itself to take sides as to the validity or legality of the armed conflict. It is more concerned with respect to the values of dignity of every human person and the full respect for human rights. It is its duty to call attention to the observance of the International Humanitarian Law by government armed forces and rebel groups. It is issuing this Human Rights Advisory pursuant to its constitutional functions of monitoring Philippine Government compliance with international instruments. (Article XIII, Sec. 18 (7), Philippine Constitution).

          Quezon City, 09 May 2000