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Intramuros, City of Manila
6 May 2010
delivered by
LEILA M. DE LIMA
Chairperson
Yesterday, a Memorandum of Undertaking (MoU) was entered into between the Philippine National Police (PNP) and the Commission on Human Rights (CHR). This agreement formalized cooperation between the CHR and law enforcement, in order to better monitor election-related violence and human rights abuses. Over the course of these last several months, far too many persons already have been harassed, hurt or murdered, all in the name of consolidating political control in the hands of wealthy, powerful and corrupt individuals and clans.
And yet, not all election-related human rights violations are as dramatic as the ambush of a convoy, or as violent as the gunning down of a candidate or campaign worker. Not all violations are as visible in the public eye. And yet these ongoing breaches of human rights law deprive wide swathes of our population of their rights, and perpetuate into the future even further neglect and abuse.
Over the course of the history of our fragile democracy, elections have seen the human rights of certain segments of our population systematically and repeatedly violated. Policies and procedures, rules, regulations and laws, government action and inaction have all served to consign certain groups of people to the mere margins of our electoral process and political discourse. Over decades and years, these groups have seen their right to vote continue to be undermined, nullified and ignored, and because of this they have been rendered nearly invisible to many elected officials, and their concerns have continued to fall on deaf ears.
With each passing election, yet another person with disability (PWD) is forced to deal with the lack of ramps in polling places. Another elderly person is compelled to slowly make her way up the stairs, to the second or third floor in order to vote. Another individual, who was forced to flee his home because of fighting, finds himself effectively stripped of the ability to vote, by this displacement.
With each new election, yet another indigenous person is forced to struggle with instructions printed in an unfamiliar language. Another first-time voter and migrant worker experiences frustration at the lack of effective and meaningful election-related information. And another detainee finds that the Constitutional presumption of innocence and his right to vote are actually trumped by legislative, procedural and logistical gaps.
These are some of the obstacles which have been pervasive in previous elections. These are some of the reasons certain groups have continuously been marginalized and disenfranchised during the polls. And while this sad state of things hasn’t yet been completely overhauled, this year, after decades of stagnation, substantial change is finally set to take place during the national and local elections.
Before I continue, however, allow me to express my appreciation for the efforts of individuals and institutions, without whom this improvement over the status quo would not have been possible. Let me thank Commissioner Rene Sarmiento and the Commission on Elections (COMELEC), as well as Director Rosendo Dial and the Bureau of Jail Management and Penology (BJMP). The sincerity demonstrated by these two leaders and their institution, was pivotal to facilitating the right to vote of detainees, in particular.
Let me also thank Task Force 2010, the CBCP Episcopal Commission on Prison and Pastoral Care, the PDL Vote Watch, the International Foundation for Electoral Systems, the British Embassy in Manila, the men and women of the CHR, and the many other agencies, organizations and persons, who have tirelessly advocated on behalf of the right to vote of marginalized sectors, and who have contributed much-needed support.
The road up to this point was long and winding, and there has never been any guarantee that our efforts would bear fruit. Progress has tended to be gradual and incremental, taking place not just over the course of months, but years. As far back as 2008, the CHR and its partners held a forum, aimed at addressing the disenfranchisement of vulnerable sectors, before the onset of the 2010 elections. We sought to bring together members of those groups, civil society, the government and international organizations, in order to identify problems and recommend measures moving forward.
Much of the improvement since then has taken place with respect to detainees. A Technical Working Group was formed which included the CHR, the Department of Interior and Local Government, the BJMP, Task Force 2010, and the Catholic Bishops Conference of the Philippines. This group conducted meetings and consultations aimed at finding ways to fulfill the right to vote of detainees. It submitted its recommendations to COMELEC, and in 2009, the COMELEC issued a Resolution which adopted mechanisms for the registration and voting of detainees, including on-site registration for jails with at least 200 qualified inmates.
That was already a huge step forward, and the CHR commended the COMELEC for issuing its Resolution. However, we also noted the logistical nightmare and potential disenfranchisement involved, in requiring detainees to obtain a court order before they could vote at polling precincts, escorted by BJMP personnel. In line with this, the CHR, supported by its partners, filed a Petition before the COMELEC asking it to bring the polling places to persons deprived of their liberty. And in yet another laudable move, the COMELEC granted this petition and resolved to establish special polling places in municipal, district, city and provincial jails.
Implementing rules and regulations have also been issued. And because of these positive developments, those jails with at least 100 qualified detainees will benefit from on-site voting. The COMELEC and its leadership should be commended for this remarkable improvement over the status quo, which for the first time ever will allow detainees to exercise their right to vote, en masse.
If things work out as envisioned, detainees will finally be able to make their voices heard on election day. Their needs and concerns will finally penetrate into the political calculations made by candidates and elected officials. And in certain local races, the detainee vote will now be impossible to ignore. Cruel, inhuman and degrading treatment and conditions at incarceration and worse, remain the reality to which detainees are routinely subjected. It is hoped that by breathing life into their right to vote, they will finally be able to forcefully advocate on behalf of their own dignity and rights.
Let me add as well that some improvements have also taken place in relation to PWDs and the elderly. The COMELEC has already recommended that voting areas be located only on the ground floor. And it has also given assurances that all possible assistance will be extended to PWDs by Boards of Election Inspectors.
These recent changes offer a good start to the effort to enfranchise vulnerable sectors. And these are changes which can be built on so that future elections can result in even less large-scale disenfranchisement, or none at all. But there is a continuing need for monitoring and vigilance. The sincerity and good faith embodied in these changes will come to naught if what is on paper is not translated into reality on election day.
This need for monitoring is why the CHR appreciates the fact, that PDL Vote Watch Monitors and representatives of the CHR are expressly allowed to enter the special polling places inside jails, as well as make use of documentation and communication devices while doing so. Transparency, access, and inclusiveness are essential if the right to vote is to be effectively safeguarded, and if the public is to trust the outcome of the elections.
Now, recent days and weeks have been difficult ones for the automated election process. Issues with the ballots and memory cards have haunted testing in the run up to the polls, and have raised the spectre of delays, manual counts, special elections and worse. At this point, however, with the elections mere days away, this is not yet the time to seek to hold accountable those persons whose actions have led to this muddle. We can discuss this later, at a more opportune time. Instead, there is a need to throw our full support behind the current efforts of the COMELEC, to ensure that the machines and other paraphernalia are ready and in place, in time for Monday, and that the voting process will be secure and the results accurate. We are in a race against the clock, as well as a race against those who would use nefarious means, to replace the will of the people with their own political ambitions. This is a race we cannot afford to lose, so in this regard, we continue to wish and pray for the success of COMELEC.
V. Calling on Vulnerable Groups, Duty-Bearers and Stakeholders
It has been a long road to get to this point, and in a few days we shall see how everything will finally play out. Many efforts have been undertaken over these past years, to prevent disenfranchisement on Election Day, but on that day much will hinge on the actions and decisions of individuals. Therefore, the CHR calls on members of vulnerable sectors: first-time voters, persons with disabilities, the elderly, indigenous peoples, internally displaced persons, migrant workers and detainees, to come out in full force on Election Day and cast their ballots. We exhort these historically marginalized groups to maximize their electoral participation, and harness the power of these elections to send a clear message to all candidates and all would-be leaders. The coming elections are a pivotal moment in our recent history, and a chance to set the stage for further progress, and greater respect for human rights and human dignity. This opportunity must not be wasted. It cannot be allowed to simply slip away.
And at the same time, the CHR calls on all duty-bearers, from government agencies to the uniformed security forces, private entities, to non-state actors and individuals, to respect human rights before, during and after the elections, and especially to ensure that all voters are allowed to effectively exercise their right of suffrage. The world is watching. The entire nation is closely scrutinizing how these elections will play out. There will eventually be exercises in accountability, so it is in all persons’ interests for human rights law to be fully complied with, by all parties.
The elections are here. The waiting is over. The developments which will take place over the coming days will determine, whether the trajectory of our nation will lead to a more just, more equitable and more humane prosperity, or whether the coming years will only hold more deprivation, more impunity and more abuse. May the preparations that we have put in place, and may our continuing efforts, help safeguard the integrity of the coming elections.
Thank you very much.