goes to human rights protection page
links to human rights promotion page
link to human rights linkages development programs
link to special programs page
 
links to home page
links to about CHRP page
links to about human rights page
links to programs and services page
links to news and reports page
goes to links page
links to contact us page
links to site map
      
               
goes back to HR position papers 35-38 page
links to HR position papers 42-43 page

 

ON
RESOLUTION NO. 798

Re: Requesting the Appropriate Committee(s) of the House of representatives to Inquire, in Aid of Legislation, on the Appropriateness and Legality of Allowing the Construction of Low Cost Tenement Housing Units along both sides of the Railroad Tracks under the "Pabahay sa Riles" Project of the Philippine National Railways

=============================

          The Philippine National Railways has undertaken the "Pabahay Sa Riles" Project to construct five-story low-cost tenement housing units on both sides of the railroad tracks.

          The City of Manila has approved the implementation of this project within its city limits apparently to solve the housing problem in the city.

          While motive of the PNR and the City of Manila to provide homeless squatters with adequate housing for the urban poor is laudable, the appropriateness and legality of the project is doubtful on the following grounds:

1. Public Safety and General Welfare. The housing project should be situated as far as possible from the railroad tracks due to the risks and damages to the residents and people visiting their houses. Their safety and also of those living within the periphery of the railroad tracks will thereby be imperiled.

2. As stated in the House Resolution, "The life and limb of the future residents, especially children, of these tenements will always be at risk because of its proximity to the railroad tracks with moving commuter trains or in the event that the train is derailed.

3. We agree also with the House Resolution (7 th Whereas), "In the process of digging the foundation for these low cost housing units, the stability of the railroad tracks will be weakened and will certainly compromise the safety of the commuter trains, and its passengers.

 We add also that the plan to nationally expand and develop the railroad system to be extended to all provinces will be adversely affected.

4. Article 1 of the International Covenant on Economic, Social and Cultural Rights which the Philippines has ratified, obliges State Parties to recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

5.  Article 7 Paragraph 2 of General Comment No. 4 on the Right to Adequate Housing adopted on 12 December 1997 by the Monitoring Committee for the International Covenant on Economic, Social and Cultural Rights states:

Secondly, the reference in Article 11.1 must be read as referring not to housing "tout court" but to adequate housing. As both the Commission on Human Settlements and Global Strategy for Shelter to the Year 2000, have stated: Adequate shelter means....adequate privacy, adequate space, adequate security (highlighting added), adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities-all at a reasonable cost."

          The principles articulated in the aforecited Covenant and its Monitoring Committee are reiterated in Article XIII, section 9 of the Philippine Constitution, which provides: "The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing and basic services to the underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners."

          To provide residential houses along railroad tracks certainly is not conducive to healthy conditions and environment to residents and not conducive to peace and tranquility of residents with railroad trains passing even at night time.

          Even if homeless persons may welcome the idea of shelter along railroad tracks, it will be irresponsible for government to provide them with housing which exposes them to serious security risks.

          Certainly, the conditions of said housing is not adequate and appropriate for living conditions as stated in the International Covenant on Economic, Social and Cultural Rights.

          In view thereof, the Commission on Human Rights respectfully opposes the "Pabahay sa Riles" program.

          Let copies of this Resolution be sent to the House of Representatives, the Philippine National Railways, City Mayor of Manila and the National Housing Authority.

           Pasig City , 3 June 1997

ON
P.S. RESOLUTION NO. 636

entitled
"A Resolution Directing The Committees On Youth And Sports Development; Women And Family Relations, Justice and Human Rights, And Constitutional Amendments, Revision Of Codes And Laws, To Conduct An Inquiry, In Aid Of Legislation, Into The Rampant Incidence Of Child Sexual Abuse And Child Economic Exploitation In The Philippines To Look Into Its Roots And Causes And To Recommend Specific Strategies And Solutions To Curb These Pernicious Practices On Children."(Introduced by Senator Leticia R. Shahani)

============================

          The resolution directing the Committees on Youth and Sports Development; Women and Family Relations, Justice and Human Rights, and Constitutional Amendments, Revision of Codes and Laws, to conduct an inquiry, in aid of legislation, into the rampant incidence of child sexual abuse and child economic exploitation and look into its roots and causes and to recommend specific strategies and solutions is timely and responsive to the Philippine commitment to the UN convention on the rights of the child which came into force as international law on 02 September 1990.

          Some of the root causes of child sexual abuse and child economic exploitation are the following:

1. Proliferation of pornographic magazines, and laxity of the Board of Censors in allowing for public showing, indecent bed scenes in local films.

2. Broken homes and children sometimes left alone with no means of subsistence.

3. Insufficient income of the bread earners of the family that by force of circumstances compels minors to accept employment to augment the family income.

4. Abandoned children/out of school youths are susceptible or usually the victims of sexual abuse and exploitation due to extreme poverty.

          To curb child sexual abuse and child economic exploitation, recommend the following:

1. Absolute ban on the publication and/or importation of pornographic magazines.

2. Provide a stiffer penalty to those persons importing/selling pornographic magazines.

3. Strict adherence to the Filipino customs and traditions which shall be the sole basis of the Board of Censors in granting permit for films showing to the public.

          Pasig City , 17 March 1997

ON
SENATE BILL NO. 1805

entitled
"An Act Providing The Rights To Be Accorded Victims Of Crimes, Defining The Duties Of Responsible Officers and Providing Penalties for Violations Thereof"
(Sponsored by Sen. Miriam Defensor-Santiago)

====================

          There is one aspect in our criminal justice system that seems to have escaped the notice, not only of the framers of our 1935, 1973 and 1987 Constitutions but also of our legislators past and present. And this is the fact that we give or accord too much emphasis on the rights of the accused. Stated otherwise, it seems that our justice system is heavily tilted in favor of the accused, to the prejudice of the crime victims. Witness the bill of rights of the above-cited constitutions.

          We should not lose sight of the fact, as aptly stated in the Explanatory Note of subject Bill, that crime victims "usually suffer physical and psychological trauma" and should therefore "be treated with respect, compassion and dignity throughout the criminal justice process."

          Indeed, this Bill is very timely, implementing as it does, the constitutional mandate that: "The State values the dignity of every human person and guarantees full respect for human rights."

          It may also be stated that this Bill (Magna Carta for Crime Victims) likewise implements the "equal protection clause" of the Constitution because it provides a counter balance to the bill of rights enjoyed by accused persons under the Constitution. The scales of justice of the blindfolded lady is thereby enhanced and evenly balanced.

          It is suggested, however, that the bill should spell out specifically the officers responsible in implementing the law, Section 4 of the Bill merely mentions officers and employees of the Department of Justice. The officers usually concerned are not only the investigators and prosecutors of crime, but also the officers of the PNP and even Barangay Captains who are usually in the scene of the crime should undertake the responsibility mentioned in the bill. This is to pinpoint the responsibility.

          In closing, we wish to state that the Commission on Human Rights is committed to protect, enhance and promote not only the human rights of accused persons, but also of crime victims, as well.

          We strongly recommend the immediate enactment of this Bill into law.

          Pasig City , 12 March 1997