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Max’s Restaurant, Scout Tuazon, Quezon City
12 February 2010
delivered by
LEILA M. DE LIMA
Chairperson
Good afternoon to all of you.
My message of support comes at the end of a rather packed, and I am sure, productive day. Messages, presentations and support have been offered by our partners, such as the National Council on Disability Affairs, the British Embassy, the International Foundation for Electoral Systems, and the Commission on Elections.
To all of our partners in this effort, to promote and fulfill the human rights of persons with disabilities, let me say that we, at the Commission on Human Rights, greatly appreciate your dedication to this advocacy, and your support. And to all the participants at today’s forum, who have listened, scrutinized, discussed, debated and presented, let me say thank you for your efforts, for your commitment, and for your passion.
The time leading up to the national elections is running out, so it is crucial that we all together make that one final push, in order to maximize the exercise of the right to suffrage, by persons with disabilities, in 2010. This is our moment. This is the opportunity that we must seize. The next election is still years away, and persons with disabilities should not have to wait that long, for their rights to be genuinely addressed by our leaders.
Access to our schools, news and information, access to public transportation, government and health services, and especially freedom from discrimination as we go about our lives, these are only some of the rights of persons with disabilities which must be addressed now.
We cannot allow yet another child’s education to suffer, for lack of reasonable accommodation. We cannot permit yet another mother’s physical health to diminish. We cannot tolerate the dwindling of yet another family’s livelihood and standard of living. And we especially cannot accept the continued discrimination, both subtle and overt, to which persons with disabilities are exposed, on a regular basis.
It is time to bring this sordid chapter of prejudice, bias and discrimination to a close, and one way we can do this is by ensuring, that persons with disabilities are able to effectively exercise the power of their vote.
We, at the Commission on Human Rights (CHR), stand with you in this important endeavor. And in my capacity as the Chairperson of the CHR, as well as given my own personal experience as the mother of a special child, let me unequivocally assure all of you, that as long as I am at the helm of our country’s National Human Rights Institution, you will have in the CHR an unwavering ally, a steadfast partner, and a continuing and committed source of support, as we all work to further the human rights of persons with disabilities, and other vulnerable sectors.
This is my promise. This is the promise of our institution. We are here for you, and we will continue to be here, into the coming years.
Let me be the first to say, however, that I believe the CHR can do more for persons with disabilities (PWDs). Even if the CHR is a relatively small and resource-strapped institution, I believe that there are still many other ways in which the CHR can support the cause of PWDs, and that the potential for greater partnership, coordination and collaboration, among our many institutions, remains significantly untapped. Before I proceed to discuss some of these areas for future cooperation, let me talk a little about some of the more recent initiatives, in which the CHR has been involved.
A. Zero Disenfranchisement
One, since 2008, the Commission on Human Rights, in partnership with other like-minded institutions, has been working on a project dubbed “Ensuring the Right to Electoral Participation: Giving Access to Vulnerable Sectors in 2010, or the “Zero Voter Disenfranchisement” campaign for the 2010 national elections. Seven vulnerable sectors were identified, namely, the elderly, indigenous peoples, internally displaced persons, first-time voters, migrant workers, detainees, and especially persons with disabilities.
We have organized events aimed at hearing directly from PWDs, their concerns, the issues they face during elections, the rights that they have seen violated or abused. Workshops were held in different parts of the country, bringing together PWDs, their support groups, civil society organizations, concerned international bodies, and especially government agencies. Essentially, we sought to help provide PWDs with fora where they could voice their concerns, such as on reasonable accommodations, directly to government officials, and other duty-bearers.
The issues and insights gained from these events were also brought directly by the CHR to government agencies, especially the Commission on Elections ( Comelec), as part of our advocacy. A 72-page compilation of results and output from these workshops, was presented to the Chairperson and Commissioners of Comelec, for their consideration. As the elections fast approach, we continue to work to move this campaign forward.
B. Incident of Airline Discrimination
Two, only recently, reports surfaced regarding alleged discrimination against a person with a disability, by Cebu Pacific on one of their flights. Specifically, the airline’s crew attempted to pressure a mother and her son to get off a plane, bound for Manila from Hong Kong , allegedly on the basis of certain company rules.
It is precisely incidents and reports such as this which I find infuriating and absolutely unacceptable. Such a company policy, if in place, is on its face discriminatory against persons with disabilities, and is an absolute affront to any person who truly believes that all people are equal, that all of us have a dignity which must be respected, and that we all have a right to live our lives free from prejudice and bias, bigotry and intolerance.
It just makes my blood boil to think that in this day and age, with all our national and international law on the rights of PWDs, a company might still have on its book a policy that is so blatantly and patently discriminatory and illegal. And we all know that discrimination is not isolated to this particular incident.
Discrimination exists in the unwelcome stares aboard public transportation. It exists in the annoyed expression of a government employee, behind a counter. It lives on in the look that treats PWDs as inconveniences, as sources of bother, or worse.
The CHR responded to this allegation of discrimination by making it clear in our statements that such a policy is clearly prohibited, and violative of national and international human rights law. We urged all airlines and public utilities to review their policies, and make sure they comply with the Magna Carta for Disabled Persons. We called for mandatory human rights training for employees of airlines and other companies involved in public transportation. This is an issue that we continue to monitor, because it has repurcussions not only for the mother and son involved, but also for all persons with disabilities throughout the country.
These are only two of the initiatives recently undertaken by the CHR, to promote the rights of PWDs. We continue to strongly advocate for PWD rights, whenever given the opportunity. That said, again, we feel that we can do much more, especially in partnership with PWD organizations and constituencies.
The examples of CHR assistance or intervention in relation to the Disabled are few and far between. The perception is that so much of the resources of the CHR are devoted to the most disturbing cases of human rights violations – extralegal killings, enforced disappearances, torture, abuses by state security forces. The perception is not entirely incorrect, sadly. There is in fact a grave limitation on the manpower and resources available to the CHR, so much so that even the common issues that we address are saddled with logistical and financial impediments.
However, in the same breath, we have here today is an example of how we can creatively address many other issues. The Zero Disenfranchisement Project, envisioned as conveyance to deliver full representation in the coming elections, has been a very effective method of taking back ground for various marginalized sectors, including the Disabled.
If the sector of Detainees had gained significant public attention on the drive to enable the imprisoned to participate en masse in the elections, it cannot be more difficult for other more organized sectors, such as the Disabled, to accomplish the same. The key to pushing an agenda crafted in favor of the Disabled really must begin with organization.
Other civil society groups that address the common human rights issues fervently work and manage their network, just as Disabled organizations. In the end, it has been our experience that civil society networks serve as the first and most immediate interventionists in human rights issues. Much appreciation has been offered to the CHR for our work, but the reality is, we are more grateful to civil society. We on our own cannot possibly detect all the human rights concerns without our prized partnerships with people's organizations, advocates and human rights workers.
Furthermore, it has become more and more apparent that the CHR is not the summation of, but merely a vital cog in, a broad process of human rights protection. None of what we do, and do effectively, is remotely possible without our partners. The key for civil society is to creatively use the functions and powers available to the CHR.
A. On the Investigative Power
As I've said, often the frontline of human rights defense begins with the vast network of civil society groups. Issues that affect the Disabled, large or small, must ring a bell from anywhere or anyone to initiate the process of the Commission's intervention.
Full-blown investigations are hardly the limit of the investigative power of the CHR. Public inquiries such as the ones involving cases of killings, internal displacements or abductions are some of the more high-profile investigative interventions.
However, our mandate is so broadly stated that we can do virtually anything that can constitute an investigation, including public fora, dialogues, letters of correspondence, even mediation of issues. And even this list pales in comparison to the possibilities.
One aspect of CHR intervention that many groups are fully aware of is the Commission's ability to generate public attention. We are thoroughly plugged in in the various media outfits, and every issue wherein we intervene can easily generate public interest. Our strong media presence has aided various human rights interests, even if only to stir public discourse, which carries with it a multiplier effect of educating people and strengthening public awareness of issues.
The Cebu Pacific case may or may not require our intervention, now that it appears to be docketed in the courts. However, in other cases where the human rights angle is less apparent, or the parties are less able to initiate their own remedial processes, the CHR will always be ready to assist in untangling human rights violations.
B. On Visitorial Powers
The visitorial power of the CHR to date is used almost exclusively as either a deterrent to illegal detentions, torture or as a means to find the disappeared. The case of Muhammadiya Hamja, a Muslim suspected terrorist, wherein a CHR composite team had found an abductee in police custody, illustrates how luck can be prodded in favor of human rights so long as the tools available to us are employed. It may not have been enough that a team had visited CIDG headquarters, as luck may have been a very important consideration. However, without the power to conduct visits in the first place, no amount of luck may have intervened in finding Mr. Hamja.
For addressing the issues of the Disabled, there are many who may be subjected to detention. The famous case of the quadriplegic convicted rapist stands prominently in my memory, as the sentencing court had overlooked the sheer impossibility of the acts charged. His detention, and many others, in jails, in hospitals labelled as legally insane or otherwise, are possible instances of human rights violations. Jails and hospitals are only a few places that come to mind. Yet the visitorial power has not been tested elsewhere, wherever there may be human rights violations, whether they involve marginalized victims or otherwise.
C. On Education and Legislation
Among civil society groups that advocate rights for the Disabled, we find a virtually untapped resource, a repository of knowledge on PWD Rights. Post the passage of the Magna Carta for the Disabled, there are so many possible improvements that can be made in terms of legislation, human rights education and public awareness.
The CHR has a very strong mechanism for monitoring governmental compliance with human rights statute, which directly engages the legislative process in crafting human rights-centered and compliant statute. I will discuss this more thoroughly later.
As for human rights education, we are in the process of developing a human rights curriculum in partnership with the Department of Education. This is only one of the ways that we have improved on the simple capacity-building seminars. Yet capacity-building on its own has to be greatly improved, meaning that every sector that interacts with the disabled, teachers, service providers, common carriers, business operators and even public servants like the police, have to be educated further in human rights sensitivity towards the Disabled.
D. On the Monitoring Function
The CHR is mandated to monitor the Philippine government’s compliance with international treaty obligations on human rights. We are a state-party to the Convention on the Rights of Persons with Disabilities. This international treaty entered into force in 2008, and that same year, in April, the Philippines ratified it. Here are some of the obligations under that international treaty.
1. Some Government Obligations under the Convention on the Rights of Persons with Disabilities
The government must ensure and promote the full realization, of all human rights and fundamental freedoms, for all persons with disabilities, without discrimination. This is the underlying obligation on the part of government.
It must adopt appropriate laws, administrative and other measures. It must take measures to modify or abolish existing laws, regulations, customs and practices with discriminate against PWDs. The government must take PWDs into account in all its policies and programs.
It must take measures to eliminate discrimination against PWDs by any person, organization or private enterprise. This is key because the government cannot simply ensure that it does not violate PWD rights. It must also ensure that even private companies and individuals do not discriminate as well.
The government must carry out or promote research and development of goods, services, equipment and facilities, to meet the specific needs of PWDs, as well as promote their availability and use. These include information, communication, and mobility aids, devices and assistive technologies, made available at an affordable cost.
Other obligations exist with respect to equality before the law, providing reasonable accommodation, combating stereotypes, prejudices and harmful practices, awareness-raising, and ensuring accessibility to the physical environment, transportation, information, communications, facilities and services, both in urban and rural areas.
The government must also protect PWDs from torture, cruel, inhuman or degrading treatment or punishment, exploitation, violence and abuse. It must ensure an inclusive education system at all levels. It must take measures to ensure access to health services, including health-related rehabilitation. It must prohibit discrimination against PWDs in all matters relating to employment, including recruitment, hiring, career advancement, and safe and healthy working conditions.
These are only some of the obligations which the Philippine government undertook when it ratified the Convention on the Rights of PWDs. These are international legal duties, and it is incumbent upon us, the CHR, civil society, all of us, to monitor government compliance with these duties, and continuously remind it of its obligations.
2. The International Effort to Further PWD Rights
Let me also stress here that international law and treaties are important, because the effort to protect the rights of PWDs is a global one. There is much happening on this front all across the world.
For instance, an Optional Protocol to the Disability Convention has also been crafted. It is a related international treaty which would allow individuals and groups whose rights have been violated to bring their complaints before a United Nations (UN) body. The Philippines has not ratified this Protocol, which is unfortunate, and which is something that we must continue to advocate for. In addition, since 1994, the UN has designated individuals as Special Rapporteurs on Disability, who are tasked with advancing the status of PWDs throughout the world.
The international community continues to work hard to further the rights of PWDs. According to the UN, around 10 percent of the world’s population, or around 650 million people, live with a disability. PWDs are the world’s most numerous minority. And according to the UN Development Programme, 80 percent of PWDs live in developing countries.
It has been further estimated that 20 percent of the world’s poorest people are PWDs, that 30 percent of street youths are PWDs, that 90 percent of children with disabilities in developing countries do not attend school, that unemployment among PWDs is as high as 80 percent in some countries, and that PWDs are more likely to be victims of violence, and less likely to obtain police intervention, legal protection or preventive care.
As we strive to further the rights of PWDs in the Philippines , and harness international law for this effort, we are reminded that our work is part of a larger international effort aimed at protecting the rights of all PWDs, everywhere.
V. Final Words
At the moment, there is so much more room wherein the CHR can support human rights advocates for the Disabled. We may very well test all of the powers and functions of the Commission.
The Zero Disenfranchisement Project, specifically in relations to the Disabled, is only one example of utilizing the functions of the CHR to stir progress in the Disable agenda for human rights. Our support for your cause in this coming elections should only be a thread on a larger fabric of cooperation.
The possibilities on how we can succesfully employ the functions and powers of the CHR are largely limited only by our creativity and imagination. Budget and resources are easy matters to skirt so long as we continue to work together. A limited media coverage of human rights issues and a public appetite for the same are also easy to skirt, so long as we manage the collective strengths and weaknesses of our partnerships.
For now, you may continue to count on our support for the project on Enfranchisement of Disabled Persons. At a time when the theme of change is thrown around, as it is in every election, we cannot count on impending change, especially change that hinges heavily on the political will of others. This project now is the representative of the change that does not hinge on election results, but on the contrary, it makes elections hinge on the power of citizens to dictate what change must be done, as it rightfully should. The voice of all marginalized sectors, including the Disabled, brought into election discourse is one further step in achieving a vision of the most ideal and representative electoral process that we have sorely been lacking since the return of free elections in the country.
For the future, the CHR looks forward to a deeper and more expansive role in partnering with Disability advocates. The elections will bring a change in the administration, but it will not change the leadership and composition of the CHR. I will still be on board for another 5 years, and I am counting on a more progressive, more meaningful and more effective partnership with all of you here today.
We wish everyone the best of luck in the days leading up the elections. We pray for the success of the Non-Disenfranchisement Project and for the safe and free elections.
Thank you and good day.