On the Occasion of the National Educators' Conference, Conducted by the IBON Foundation, and Part of its Partnership in Education for Development Program

Theme: Amid Global Crisis: Educators' Role in Advancing Economic, Social and Cultural Rights

Tayabas, Quezon
May 12-15, 2009

Keynote Speech

of

Chairperson Leila M. De Lima
Commission on Human Rights

Good morning to all of you.

First of all, let me express my regret at the fact that I am unable to be with you in person, in Tayabas, Quezon, today. Educators play a crucial role in helping to ensure that fundamental human rights are respected, protected and fulfilled, which is one reason this conference, organized by the IBON Foundation, is significant.

We thank the IBON Foundation for its work in this regard, and in particular, let me thank its Executive Director, Ms. Jazminda Lumang-Buncan, as well as Ms. Jennifer del Rosario-Malonzo, the head of IBON's Partnership in Education for Development Program. The work that you and your foundation do is appreciated.

The IBON Foundation has been an advocate of transparency and increased knowledge in Philippine society, for more than three decades now. The Marcos dictatorship sought to control the flow and content of information, through censorship and other means, as a means of consolidating its grip on power. The IBON Foundation helped to break this stranglehold on information, by releasing facts and figures, which sought to better represent the reality of that dismal period in recent Philippine history.

Through the work of IBON, as well as that of other similarly courageous individuals and institutions, the decline in various facets of Philippine society, especially with regard to the lack of respect and loss of protection of fundamental human rights, was documented. Your work from that period helped shed light on the reality on the ground and, looking back, it will hopefully help to ensure that such a loss of freedom will not happen again.

Furthermore, the IBON Foundation continues to help promote the improvement of the Philippine human rights situation. It continues to collect, analyze, and disseminate information on the state of our society. It conducts research, provides training, and organizes conferences such as this.

The more we know about what is actually happening, and the more we learn about what is actually demanded of the government, other entities, and individuals, the better armed we are, as we perform human rights work. This work is important. This work makes a meaningful difference in our society. Therefore, we thank IBON, as well as the other organizations represented at this conference today, for the very important work that you do.

Let me also thank the participants at this conference today, the teachers, administrators, and other school officials, who have set aside the time, and committed their energy, to these four days of information sharing, of discussing the ways in which your work coincides with the work to promote the recognition of fundamental human dignity, as well as promote respect for fundamental human rights.

Your presence at this conference is significant. As teachers, educators, and school officials, you are in a unique position to do much good in relation to human rights.

Your position is significant because you are the caretakers of the next generation of young people. Time flies by so fast. Months blur into years, and years blur into decades, and perhaps much sooner than we now think, it will be the young people of today at the helm of our country. What kind of leaders will they be? How will they manage our country? What kind of a society will they aspire to? What will their priorities and values be?

Those are the questions whose answers will be determined, over the next several years, under your guidance and tutelage. Young people enter your schools precisely at an age where their character, their work ethic, and their values are still being molded. Many of the experiences which will develop their values and their outlook on the world, will take place in your schools, and in your classrooms.

It is difficult to overstate the significance of the role a teacher plays inside the classroom.

You help pass on knowledge to your students. In the classroom, their horizons are expanded. The world is no longer merely all the places and people that they have seen. Instead, their worlds expand to take in the rich tapestry of Philippine history, as well as the history of the world, countries and continents that they have never seen, as well as everything that their minds can conceive of and imagine.

Part of this knowledge, both directly and indirectly, will expose your students to the idea of fundamental human rights. As they come across instances in the past where human rights have been abused, both here and abroad, they may gain a deeper appreciation of the significant individual and collective protection offered by human rights law, and they may begin to feel the foreboding that comes with the realization that there are interests which seek to undermine precisely those protections. And they will get exposed to some of the tragic consequences that arose when governments and nations rejected the principle that we all possess inherent fundamental human dignity.

You help mold the character of your students. Through the rigor of academic work, as well as through the examples of people who have lived before, you may ingrain in your students the importance of hard work and perseverance, patience and the ability to listen, curiosity and the eagerness to learn.

The work needed to achieve the potential of human rights law is difficult and takes time. When your students become leaders themselves, and if they choose to pursue the path of human rights promotion, a good work ethic, patience and empathy, among others, will serve them well.

You help hone the ability of your students to engage in critical thinking. They learn to listen to a statement, analyze it, identify the underlying assumptions, check for the statement's basis or lack thereof, and come to their own conclusion as to whether a statement is believable or not.

This is key. All over the world, from governments to businesses, to other institutions and individuals, the discourse on human rights is characterized by much debate. And debate is good. Debate means that human rights are a priority, that human rights are on the table, and that time and effort are being expended in order to better understand and disseminate international human rights law and principles.

But that is only true if the debate is being conducted in good faith. Where parties make arguments which have only a dubious basis or none at all, where parties attempt to twist the facts to suit their ends, or twist the law to lead to a certain predetermined outcome, where debate is not really debate, but merely rationalization and justification, then the process is being hijacked.

When this is happening, the ability of your students to engage in critical thinking, to analyze and thereby realize what is actually going on, will allow them not to be swayed by empty rhetoric and hollow argumentation.

Finally, and most importantly, you help build in your students a stable foundation of their own sense of self worth. We live in a world where people are taught from a very young age, that they are only as good as the material things they possess, the features on their faces, or even the color of their skin. In this world which bombards them with these messages, all day, every day, it is you, at the head of the classroom, who affirms that each and every person, each and every one of your students, possesses an inherent fundamental human dignity, and inherent fundamental human rights.

This is a dignity that cannot be taken away, not by their friends, not by their parents, not by other people, not by the government, not by anyone. It is theirs by the mere fact that they are human beings. It is written into the very fabric of their existence.

That is what you do, as teachers and educators, consciously and unconsciously, through your words, your deeds, and your example. You take these young people under your wing, and over the course of days and years, you work to develop them into the future leaders and members of society, who will be capable of creating the nation that we all aspire to belong.

Your work is difficult and complex. Yours is an awesome responsibility, and one which affects us all. That is why we thank you for your commitment, and we honor your service and dedication.

Therefore, one way that educators play a role in advancing human rights in general, and economic, social and cultural rights, in particular, is through their students. By developing young people who value the importance of fundamental human rights, and who will advocate for respect, protection and fulfillment of human rights, educators may put our nation on a path toward a more just and a more humane society.

One other role that educators can play is that of working themselves to help ensure that the government abides by its international obligations, as found in human rights law. As you read newspapers, listen to the radio, watch television, and remain aware of the goings on in your own community, you observe the statements and actions of the government as well as other entities.

As the government speaks and acts, you are in a position to make an informed judgment, as to whether what you see or what you hear is in line with international human rights law, and fundamental human dignity. And where the government fails to abide by its obligation, you are in a position to make your voice heard, especially since your voice is one that is respected throughout the land.

Let me speak now about the content of international human rights law, specifically with respect to economic, social and cultural rights.

Much information on human rights in general, and international human rights law in particular, can thankfully be freely found online. One such document is Fact Sheet No. 33, found on the website of the Office of the United Nations High Commissioner for Human Rights, and released in December of 2008. Much information is contained there, and I urge all of you to go through the entire document yourselves. One of the pieces of information provided by it is a basic list of economic, social and cultural rights.

This list sorts these rights into seven categories. These are workers' rights, the right to social security and social protection, protection of and assistance to the family, the right to an adequate standard of living, the right to health, the right to education, and cultural rights. These categories are unpacked as follows:

Workers' rights include freedom from forced labor, the right to freely accept and choose work, the right to fair wages and equal pay for equal work, the right to leisure and to a reasonable limitation of working hours, the right to safe and healthy working conditions, the right to join and form unions, and the right to strike.

The right to social security and social protection includes the right not to be denied social security coverage arbitrarily or unreasonably, and the right to equal enjoyment of adequate protection in the event of unemployment, sickness, and old age.

Protection of and assistance to the family include the right to marriage by free consent, the right to maternity and paternity protection, and protection of children from economic and social exploitation.

The right to an adequate standard of living includes the right to food and to be free from hunger, the right to adequate housing, and the right to water.

The right to health includes the right to access health facilities, the right to healthy work and environmental conditions, the right to protection against epidemic diseases, and the right to relevant reproductive health.

The right to education includes the right to free and compulsory primary education, the right to available and accessible secondary and higher education, progressively made free of charge, and the freedom of parents to choose schools for their children.

Finally, cultural rights include the right to participate in cultural life, the right to share in and benefit from scientific advancement, and the protection of authors' moral and material interests from scientific, literary, or artistic production.

What is important to remember is that the Philippines is a party to the International Covenant on Economic, Social and Cultural Rights. This covenant is binding, and creates an international legal obligation on the part of the Philippine government, which it must carry out, in good faith.

Specifically, the Philippines is obligated to, “take steps … to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the ... Covenant, by all appropriate means, including particularly the adoption of legislative measures.”

While this Covenant does recognize that the realization of economic, social and cultural rights may be hampered by a lack of resources, and will be achieved over a period of time, that does not mean that the Philippines is given an indefinite amount of time, within which to meet its obligations.

In fact, the Office of the United Nations High Commissioner for Human Rights, has stated that the treaty imposes, “an immediate obligation to take appropriate steps toward the full realization of economic, social and cultural rights. A lack of resources cannot justify inaction or indefinite postponement of measures to implement these rights. States must demonstrate that they are making every effort to improve the enjoyment of economic, social and cultural rights, even when resources are scarce.”

This is an important point to keep in mind, especially in light of the global financial crisis. Economies have been hit hard. Trade has fallen, and the flow of goods has become sluggish. Businesses are cutting jobs or closing. As a result, the revenue derived by government from taxes and other charges has fallen. Governments may very well be tempted to use this crisis as a basis for the slowing down or pulling back from actions taken to promote economic, social and cultural rights.

It is time to be vigilant. The obligation contained in the International Covenant on Economic, Social and Cultural Rights is clear. The context and spirit behind this obligation is also readily apparent. Now is the time to send a clear message to the government that, while times may be tough, while we all continue to suffer, it is precisely at times such as this that the protections offered by economic, social and cultural rights, are crucial.

The right to food becomes more important as families find that they have less and less to spend on their daily meals. The right to health becomes more significant when families can no longer afford to pay for the medical treatment that family members require. The right to education becomes crucial so that once this crisis passes, our young people will have the skills, training and knowledge which will enable them to find work, and help drive our economy forward and upward.

Before I end this brief discussion on educators and the role you play with regard to the protection of fundamental human rights, let me make one last point.

There has been some discussion, in countries all over the world, about whether there exists a hierarchy of rights. It has been proposed that civil and political rights form a first generation of rights, while economic, social and cultural rights form a second generation. The implication is that civil and political rights, such as the right not to be subjected to torture, or the right to vote, are more important, and more in need of urgent action than economic, social and cultural rights. That position, however, has been rebutted.

The Universal Declaration of Human Rights, the instrument which forms the bedrock of the International Bill of Rights, makes no distinction whatsoever between civil, political, economic, social and cultural rights. All these rights are covered in that one instrument.

Furthermore, the reality is that the enjoyment of all human rights is interlinked. Civil and political rights, such as the right to take part in the conduct of political affairs, are undermined or even defeated, when economic, social and cultural rights, such as the right to education, the right to food, and the right to health, are withheld.

This was affirmed in the World Conference on Human Rights in Vienna, where it was stated that, “all human rights are universal, indivisible and interdependent, and interrelated.”

It is time to move away from the idea that different types of human rights can be promoted in isolation from others. It is instead time to focus on one body of fundamental human rights, inherent in us all, civil, political, economic, social, and cultural, which rights must all be respected, protected, and fulfilled.

In closing, let me note that we find ourselves at a crucial juncture in our world history. We are faced with a global financial crisis, of immense scope, which is being dealt with through unprecedented coordinated action. The crisis poses questions however. In this time of difficulty, will the Philippine government stand true to its international legal obligations, with respect to fundamental human rights? Or will the government use the crisis as an excuse to further weaken the protections accorded by human rights law? And if it does, how will we respond? And how will our children and our grandchildren, years and decades from now, judge our efforts?

I have faith in our ability, together, to stand firm, and to hold true to our commitment to respect, protect and fulfill fundamental human rights, in recognition of the fundamental human dignity of us all.

Thank you very much.