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BHRAC Revitalization in Region V
It has been a good ten years since an accord strengthening the national human rights advocacy program and institutionalizing the BHRAC was signed between and among the Commission on Human Rights, the Department of the Interior and Local Government, and the various leagues of provinces, cities and municipalities and the “Liga Ng Mga Barangay” A vision of local communities imbued with human rights ideals provided the spark which gave life to the BHRAc PROGRAM”, and set of in motion a national movement to bring human rights advocacy to the grassroots level.
Dubbed as the Commission’s flagship program, the BHRAC has managed to wade through the initial lukewarm public response and to date, there are 7,270 Barangay Human Rights Action Centers (BHRACs) established nationwide. Of this number, 2,342 are functional. With a view to institutionalizing the existing partnership between the CHRP and the DILG, the Commission passed CHR (III) Resolution No. A20006-024 dated March 15, 2006 calling for the revitalization and strengthening of the BHRAC.
In support of the program, the DILG issued Memorandum Circular No. 2006-45 directing all provincial governors, city/municipal mayors, punong barangys, DILG regional directors and all others concerned “to revitalize existing BHRACs, and if not yet established, to establish one . . .”
On the strength of said DILG memorandum circular, the CHR V Regional Office initiated significant undertakings in the program. Two-Day Capability Building seminars on “BHRAC Revitalization and RBA to Development & Governance” were held in Naga City and Legazpi City on August 3-4, 2006 and August 11-12, 2006, respectively.
These capability building seminars were designed to introduce the rights-based approach in barangay development and governance. In addition to the BHRAC and RBA modules, the laws giving protection to women and children, viz, Republic Act 7610, Republic Act 9208, Republic Act 9262 and Republic Act 9344, were likewise discussed. This is in consonance with the Implementing Rules and Regulations of R.A. 9208 and R.A. 9262 mandating the integration of anti-trafficking and VAWC efforts, respectively, in the BHRAC Program.
In a related development, the “Human Rights Orientation and BHRAC Training Workshop” held on January 17-19, 2007 at CASIFMAS, Pasacao, Camarines Sur “marked a milestone in the history of the BHRAC as it revitalized the collaborative partnership between the Commission on Human Rights and the LGU of Pasacao.” In closing the 3-day workshop, CHR V Regional Director Pelagio P. Señar, Jr. exhorted the participants to promote and protect human rights.
As a follow-through activity, a series of Human Rights Advocacy thru “Pulong-Pulong sa Barangay Para sa Karapatang Pantao” was conducted in March and April 2007 in the fifteen barangays of Pasacao, which endeavor was made possible thru the efforts of Bro. Mike Basilio, BHRAO Federation President of Pasacao.
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Internally Displaced Persons and the UN Guiding Principles on Internal Displacement
Local media aired the news sometime in February 2007 that several houses in Brgy. Alta Vista, San Fernando, Masbate were razed to the ground, rendering the residents homeless and displacing them from their community. Special Investigators Reynaldo L. Matociños and Donnah R. Federico were fielded to the area to validate reports reaching this office.
The MSWDO of San Fernando confirmed having brought relief goods to the displaced families who sought temporary shelter in the barangay hall of Sta. Rosa. The local police, however, could not confirm who was responsible for the burning of house, the rebels or the RMG unit operating in the area.
To spur government efforts, the investigating team has recommended for humanitarian assistance from concerned government agencies in consonance with Protocol II of the Geneva Conventions of 1949 which affords protection to civilians during non-international armed conflicts.
Seven months ago, super typhoon “Reming” struck the province of Albay. Floodwaters mixed with volcanic debris left in their wake a trail of dead bodies and displaced persons in the inundated barangays. Evacuation centers were set up overnight as local authorities sought to address the emerging issue of internal displacement. Aid poured in from national and international sources, as the growing number of displaced families drew wide public attention.
The Disaster Monitoring Report released by the Provincial Disaster Coordinating Council on December 10, 2006 pegged the total number of displaced persons at 32, 584 and displaced families at 6,865. Of the fifteen municipalities and three cities in the Province of Albay, seven municipalities and two cities were affected. The Municipality of Daraga was hardest hit, with 14,582 displaced persons and 3,563 displaced families, while the City of Legazpi came in second with 5,214 displaced persons and 869 displaced families.
The UN Guiding Principles on Internal Displacement defines internally displaced persons as “persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internally recognized State border.”
The Guiding Principles are based on the principle of non-discrimination which is the cornerstone of both human rights and humanitarian law. Principle 1 provides for internally displaced persons to “enjoy, in full equality, the same rights and freedoms under international law and domestic law as do other persons in their country. They shall not be discriminated against in the enjoyment of any rights and freedoms on the ground that they are internally displaced.”
Though not a legally binding instrument, the UNGPID lays down principles that afford protective measures to IDPs, and further place special emphasis on the protection of women and children who are particularly vulnerable to abuse. Principle 13 stipulates that, “in no circumstances shall displaced children be recruited nor be required or permitted to take part in hostilities.” Principle 19 provides for the health needs of women, and Principle 23 for their education.
Principle 25 underscores the special role and responsibility of international humanitarian organizations that have been entrusted with a specific mandate to afford protection to IDPs. The same principle, however, reposes upon national authorities “the primary duty and responsibility for providing assistance to IDPs.”
Finally, Principles 28, 29 and 30 relate to the return, resettlement and reintegration of IDPs, and place upon competent authorities “the primary duty and responsibility to establish conditions, as well as provide the means, which allow IDPs to return voluntarily, in safety and dignity, to their homes or places of habitual residence , or to resettle voluntarily in another part of the country. Such authorities shall endeavor to facilitate the reintegration of resettled internally displaced persons.”
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As defined by TASK FORCE USIG, the term “extra-judicial killings” refer to those killings where the victims are political/peasant activists or members of the media, and the suspects are government agents officials or working for the government or under instructions of the government.
For all intents and purposes, the killings in the province of Sorsogon in the early part of 2007 qualify as extra-judicial killings. These separate incidents have fueled speculations that the government troops and leftist groups were engaged in retaliatory assaults, leaving in their wake a trail of dead bodies.
The body of evidence is compelling: there is substantial confirmation of the pattern to the killings. The victims were either members or supporters of the militant group, “BAYAN MUNA”, or a church layman. Their assailants, usually in groups of three or four, rode in motorcycles and were armed with SFAs.
As UN Special Rapporteur Philip Alston has noted, “The murders were facilitated by a sense of impunity that exists.” This apparent culture of impunity shielding the perpetrators has led Amnesty International to believe that the ”killings constitute a pattern of politically targeted extrajudicial executions taking place within the broader context of a continuing counter-insurgency campaign.”
The response of the Philippine Government to the current spate of extra-judicial killings is to invite outside scrutiny, first, by the UN Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions, and now, by the European Union.
The European Union has taken an active interest in assisting the Philippine government address the issue of extra-judicial killings. On invitation of the Arroyo Administration, a delegation of EU experts conducted a “Needs Assessment Mission to the Philippines” from June 18 to 28, 2007. The mission was aimed at assessing in what areas the EU might provide technical assistance to the Philippine authorities in putting an end to extra-judicial killings.
The EU delegation visited relevant line agencies and their field offices to see actual government done to address EJKs. One team went to Region III while another went Region V, particularly Legazpi City and Sorsogon City. The Commission on Human Rights V was among the regional line agencies visited by the team headed by EU Ambassador Alistair M. MacDonald.
In presenting the Strategic Work Plan (SWP), CHR V Regional Director Pelagio P. Señar focused on the key areas or theme, i.e., investigation, prosecution, witness protection, judicial process, monitoring, and human rights capacity-building and training.
The team stressed the importance of engagement between government and civil society, and recommended that a framework or agreement with the Church/CSOs must be worked out fo more effective human rights protection.
Usec. Coco Quisumbing suggested that the Commission on Human Rights should help build public confidence in the existing witness protection program of the government.
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Hunger Strike of Jail Inmates Probed
The Sorsogon Provincial Jail has once again caught the public’s interest with the news that 39 of its 302 inmates were not served food since the evening of April 18, 2007. Inviting closer scrutiny, the incident was investigated by the Regional Office on April 20, 2007.
At the provincial jail, CHR V Jail Visitation Officer Arlene M. de la Torre and SI Gregorio L. Arbo were greeted by the sight of placards denouncing the warden. Four months into her appointment as head of the said jail facility, (Ret.) PNP Maj. Josephine Lacdang has ran into an “impasse” with some of the inmates.
When interviewed, the jail guards on-duty disclosed that the inmates were in protest of new regulations imposed by Warden Lacdang and, in fact, held a noise barrage for the purpose on April 18, 2007. As punishment, the 48 inmates on the second floor were not given food since then.
Warden Lacdang was given the opportunity to rebut this allegation, which she did with a letter explaining her position. By Warden Lacdang’s version, two policemen-inmates led the inmates on a hunger strike to protest the recently imposed policy of not allowing children below 7 years old to stay and sleep in the prison cells during conjugal visits.
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Women’s Rights are Human Rights
The history of International Women’s Day harks back to the 19 th century when the first rally staged by women laborers to dramatize their plight took place outside a clothes factory in New York City on March 8, 1857. Chief among their complaints were the comparatively low salary for women, long hours of work, and the heavier workload assigned to female workers. Notwithstanding the rally, their complaints fell on deaf ears.
Three years later, to drumbeat their noble cause, these women laborers formed the first labor union for women. Still, nothing happened.
Four years later, a German leader, Clara Zetkin, led the first International Socialist Congress where she proposed the celebration of March 8 as International Women’s Day. This brought into fore their need for recognition and marked a milestone in the feminist movement.
In 1967, the United Nations formally adopted the agenda for the advancement of women when it passed the Declaration on the Elimination of All Forms of Discrimination Against Women. It proclaims women’s equal rights with men before the law, and gave the feminist movement a much-needed boost.
On _____________ 1979, states parties, including the Philippines, signed the Convention on the Elimination of All Forms of Discrimination Against Women or the CEDAW.
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Program beneficiaries of the Good Shepherd Home, a partner NGO working with women and their communities, during the “Orientation on CEDAW” held on March 24, 2007 in San Roque, Legazpi City. |
So, what is the CEDAW?
This piece of document became the blueprint for various governments in taking steps towards the elimination of discrimination against women. The Convention defines discrimination against women as “. . . any distinction, exclusion, or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women . . . of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field .” In short, women who are discriminated against do not fully enjoy their human rights.
Women’s Month Celebration 2007
As in previous years, the Commission on Human Rights actively participated in the observance of Women’s Month in March. In keeping with the theme, “CEDAW NG BAYAN: KABUHAYAN NG KABABAIHAN!”, CHR V advocacy activities focused on women’s human rights to emphasize the country’s heightened implementation of the CEDAW.
This year’s Women’s Rights Advocacy seminars were undertaken in partnership with the Good Shepherd Home, Bicol University and Tanchuling College. Barangay Bañadero in Legazpi City also hosted a half-day Orientation on CEDAW and Republic Act 9262 on March 18, 2007.
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Fourth Year students of the Social Work Department listening in rapt attention to the lectures on Basic Human Rights Concepts & Principles, CEDAW, and Gender & Development during the “Women’s Rights Advocacy” in the Bicol University on March 31, 2007. |
Another CHR partner, the Albay Provincial Council of Women, sponsored the FORUM ON MICRO-FINANCE, one of the Great Women Projects of the NCRFW. The concept of micro-finance was first introduced in Bangladesh and later adopted in the Philippines and other poor Asian countries. It recognizes the right to access credit as a basic human right of even impoverished village woman.
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Mr. Boyito Quiroz of the NCRFW-CEDA Project Mgt Office explaining micro-finance as a strategy to fight poverty during the FORUM ON MICRO-FINANCE, a closing activity of the Women’s Month Celebration. |
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Human Rights Advocacy with the Military
A soldier has to survive in extremely harsh environments in order to forestall widespread chaos and destruction during times of emergency or to manage violence in times of war and, more often than not, becomes vulnerable to charges of human rights violations. As claimed by a non-government organization (NGO), “in situations of armed conflict, there are currently no effective means of enforcing internationally accepted humanitarian principles and practices.” While there may not be any truth to this claim, the generally negative perception works to the disadvantage of the soldier and the organization he represents.
It is therefore incumbent upon the government to provide instructions in humanitarian law for its armed forces and to adopt measures for its implementation at the national level. Anchored on the need to educate the soldier on the intricacies of human rights and the “law of nations”, the Commission on Human Rights has, since its creation in 1987, conducted human rights advocacy courses, orientations and seminar workshops for the military.
In collaboration with the Philippine Army, CHR V conducted a capability building for enlisted personnel of the 9 th ID based at Camp Elias, Pili, Camarines Sur on November 27-28, 2006 and an orientation seminar for non-commissioned officers of the 91 st IB, 9 th ID based at Camp Villahermosa, Daraga, Albay on June 6, 2007, respectively.
The seminars were designed to equip soldiers on the humane conduct of war and subjects as varied as Human Rights Concepts & Principles, Human Rights Values, Violations Under CHR Jurisdiction, Scope & Application of International Humanitarian Law, Persons Protected in Armed Conflict, Human Rights in Emergency Situations, and Republic Act 9262 were discussed.
A common misconception prevailing among members of the military and the police is the CHR’s selective bias in investigating human rights violations. They wrongly perceive the Commission as conveniently neglecting to investigate violations perpetrated by enemy forces.
The CHR’s response has always been to refer to its mandate under the 1987 Constitution which is to “. . . independently investigate all forms of human rights violations involving civil and political rights.” In a word, the Commission does not discriminate in the performance of its investigative function. Anything short of this would be to renege on the Commission’s sworn duty to protect the human rights of every Filipino and make a travesty of the Philippine government’s international treaty obligations.
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Checkpoints in Castilla, Sorsogon Probed
A phenomenon peculiar to the municipality of Castilla in the province of Sorsogon has caught the public interest as news of its existence was aired by the local media.
According to reports reaching the CHR V Regional Office, checkpoints have been set up in a number of barangays in Castilla sometime in the first quarter of 2007. The controversy surrounding these checkpoints provided the impetus for a large-scale investigation by the Regional Office.
On April 11 and 12, 2007, Special Investigators Gregorio L. Arbo and Mary Janice B. Ceneta were fielded to Castilla, Sorsogon purposely to visit the six barangays where twenty-four checkpoints are apportioned, namely, Cumadcad, Burabod, Dinapa, Macalaya, Montecarlo and Miluya. Interviews with the locals yielded valuable information as to the “raison d’etre” of the checkpoints.
Arbo and Ceneta reported that each checkpoint is manned by civilians with the supervision of the military. Residents, aged fifteen and above, were called upon to routinely guard the checkpoints, with the women and children doing their share in the mornings. These checkpoints were established by virtue of the Barangay Defense System (BDS) of the Philippine Army which, according to Maj. Bobby Arnel Paulo of the 901 st Infantry Brigade, 9ID based at Villahermosa, Daraga, Albay, integrates the policy of involving local communities in the fight against insurgency. It was also learned that a barangay assembly was duly called for the purpose of apprising constituents on the proposed adoption of the “integrated territorial defense system” before the checkpoints were set up in the affected barangays.
Residents have divided perceptions of these checkpoints, though a large majority of them welcome this new development in their barangays. Those interviewed have expressed optimism that the checkpoints have a positive impact on the peace and order situation in their localities as borne out by recent crime statistics.
In conclusion, both Ceneta and Arbo stressed that there was no compulsion on the part of the military, the residents having freely and voluntarily manned the checkpoints.
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