Human Rights in the Philippines: Experiences and Challenges

Keynote Address by Leila de Lima

Former Chairperson, Commission on Human Rights
Australia-Philippines Policy Forum on Human Rights
17 June 2010

We come together at an opportune time. Over a month ago, millions of Filipinos

trooped to the polls, braving long lines, intense heat and in some cases, the
threat of violence, in order to cast their ballots and thereby usher in, meaningful
improvement over the status quo. Since then, results have been released and winners
have been proclaimed. And at the end of this month, we will witness the
inauguration of a new President.

The occasion crossfades the departure of the Arroyo Government and ushers in the
promise of constructive change of the New Aquino Administration. While we must give
credit to the Arroyo administration for some of the advancements, especially in
human rights legislation, statute alone does not deliver true protection.
The exit of the current administration brings an end to nine years of tepid
enforcement, rabid violation and dismal disregard for human rights protection in
the country. And it will offer the potential for political, institutional and
social rehabilitation and renewal, allowing the State to pivot away from seemingly
endless denial, inexplicable inaction and suspicious complicity, toward a good
faith and concrete implementation of its human rights obligations.

The signs so far have been promising. President-elect Aquino, in particular,

avowed that there must be closure to the bloody chapter of unresolved murders:

“Cases of extrajudicial killings need to be solved, not just identify the

perpetrators but have them captured and sent to jail."

This is the time to send a clear message to the new set of elected leaders, that
human rights must be made a priority, and that rhetoric must be supported by
effective action. This is a time for vigilance, so that the promises of the
campaign trail will not simply be superseded by business as usual, once individuals
assume office. This is the time for human rights advocates to redouble our efforts,
build up our capacities and strengthen our alliances.

We cannot allow ourselves to be lulled into a false sense of security, by the

optimism brought about by this electoral transition. Presidents come and go.
Cabinets, administrative teams and appointed officials change. But human dignity
and the rights of individuals will always need to be safeguarded, against
violations by the State, armed opposition groups and private actors.

Therefore, this Policy Forum on Human Rights, co-convened by the Australian

Embassy is deeply appreciated. This gathering of individuals and institutions, who
support and assist the efforts of the Commission on Human Rights (CHR), who work to
further bolster its capabilities moving forward, and who advocate tirelessly on
behalf of human dignity, will help focus even more of the attention of our incoming
leaders, on human rights and the associated State obligations under international
law.

Let me thank Ambassador Rod Smith, and the Australian Embassy. Let me thank the
Hon. Catherine Branson and the Australian Human Rights Commission, Congressman
Lorenzo Tañada and the House Committee on Human Rights, Usec. Linda Hornilla and
the Department of Justice, Dr. Jose Pablo Baraybar of the Equipo Peruano de
Antropologia Forense (EPAF), Ms. Melinda Quintos-De Jesus and the Centre for Media
Freedom and Responsibility, and all our other friends and colleagues who are here
today. And finally, let me thank and honour Chief Justice Reynato S. Puno and the
Supreme Court.
 While the challenges we face are many, and while the road ahead appears
daunting, we draw strength from our shared convictions, and the common realization
that human rights must be respected, protected and fulfilled everywhere, in order
for all of us to achieve true security, sustainable prosperity and a lasting peace.

The state of human rights in the Philippines, over these last nine years, has
frankly been dispiriting. While there have been a few bright spots in some areas,
for the most part, civil, political, economic, social and cultural rights have been
undermined. A culture of impunity remains pervasive in the country, and this lack
of accountability is one of the catalysts, of continuing and sometimes harrowing
instances of human rights violations.

On the right to life – The massacre in Maguindanao, where dozens of journalists,

human rights advocates, lawyers and civilians were abducted in broad daylight and
brought to a grisly end nearby, is only one of the more prominent instances of
extrajudicial killings in the Philippines. There have been many others, far too
many.
Hundreds have been alleged murdered or disappeared over the last several years,
including activists, journalists, judges and other officers of the court, as well
as other civilians. Deaths have been linked to the government’s counterinsurgency
strategy, Oplan Bantay Laya, which have resulted in targeting civilians in clear
contravention of human rights and international humanitarian law (IHL).

The obligations of Non State Actors have come into question as rebel and
separatist groups continue to face allegations of abduction, torture and murdering
civilians. Death squads victimize petty criminals and street children, with the
failure by concerned local government units and national authorities to promptly,
impartially and thoroughly investigate these allegations.

On freedom from torture, and cruel, inhuman or degrading treatment – An Anti-

Torture Law was finally passed though it remains to be seen whether the existence
and implementation of this law will result in meaningful change.

The reality is that inmates in the Philippines continue to face the very real
risk of torture and cruel, inhuman or degrading treatment. The case of the ‘Morong
43’ is emblematic of this. Their continuing incarceration is linked to the
government’s counterinsurgency efforts, with the military alleging that the 43
health workers are in fact rebels. Many of the detainees have described
experiencing harassment, physical and mental torture attendant with discriminatory
acts at the hands of their captors.

And in general, the dehumanizing conditions to which Philippine prisoners are

routinely exposed are appalling. They lack adequate nutrition, sufficient space and
working toilet and sewage systems which have rendered prisons as incubators for
disease. Instances of abuse and violence are rife in prisons and detention
facilities which could also be attributed to a lack of a systematic rehabilitation
program for persons deprived of their liberty. This status quo is unacceptable but
the situation has so far proved stubbornly resistant to change.

On freedom of expression and the right to information – A Freedom of Information

Bill nearly passed recently, which would have induced deterrence with increased
government transparency and the public’s access to information to hold government
leaders accountable. Unfortunately, this bill died an ignoble death in Congress,
thanks to a successful effort to prevent a quorum in the House of Representatives.

Libel suits continue to be the weapon of choice for politicians and other
powerful figures, looking to effectively neutralize public criticism. These
lawsuits, as well as the violence against journalists, create a chilling effect
which can effectively undercut the search for truth.

On the right to vote – One key development in this regard was the effective
implementation of the right to vote of detainees. It is hoped that by allowing
inmates to cast their ballots en masse, they would finally be in a better position
to demand that their dignity be respected, all year round. That said, it is also
clear that the disenfranchisement of other vulnerable groups, such as persons with
disabilities, indigenous peoples, internally displaced persons, and more, is
something that must be addressed post haste.

Extortion attempts carried out by armed opposition groups had curtailed the
right of candidates to visit local areas, as well as the right of communities to
meet the candidates, and make free and informed choices. Flaws in the automated
election system, if left unresolved, could potentially leave future elections open
to fraudulent manipulation by interested parties, thereby making a mockery of the
right of suffrage.

On freedom from discrimination – An attempt by an LGBT organization to get on

the 2010 ballot resulted in statements being made by key institutions and
individuals, statements which exposed some of the continuing deep-seated
prejudices, held by some members of society against gays and lesbians. While the
Supreme Court held that the organization could run, it is clear that much remains
to be done, through education, awareness raising and information dissemination, to
correct myths, address biases, and promote an atmosphere of tolerance and mutual
understanding.

The Philippines is still a long way off from granting gays and lesbians many of
the same rights that heterosexuals enjoy.

Many of the mineral rich areas of the country are found in the vicinity of the
ancestral domains of IPs. This has led to situations where IPs have been subjected
to bribery, harassment, intimidation and acts of violence, in order to prevent or
defuse resistance to the arrival of mining companies. IPs have also fallen victim
to the pernicious effects of the government’s counterinsurgency strategy.
Allegations have been made of IPs being forced to sign up as members of CAFGUs or
CVOs, forcibly drafted into the conflict. And if they refuse, they run the risk of
being branded as rebels or rebel sympathizers themselves, transforming them into
targets, without cause.

The situations faced by internally displaced persons (IDPs) can be just as dire.
Forced to flee their homes by armed conflict or natural disasters, many find
themselves in makeshift camps or other temporary shelters, compelled to rely on
others for food, clothing and shelter. They face deprivation, the risk of disease
and an uncertain future. Many times they are forced to flee again and again, the
pattern of evacuation and human want being written and rewritten, from year to
year, affecting tens and thousands.

On the right to an adequate standard of living, to health and to an education –

As per the U.N. Development Program, the Philippines has a high probability of
attaining its Millenium Development Goal targets relating to poverty, malnutrition,
infant mortality, access to safe drinking water, and the prevalence of HIV and
malaria. That’s the good news.

The not-so-good news relates to such areas as elementary school participation

and completion, maternal mortality and responsible parenthood. These challenges
relating to education, health and population growth, if left unchecked, will only
end up exacerbating our current problems and potentially perpetuate poverty into
the next generation.
 Corollary to poverty is the lack of opportunities and the resulting problem of
trafficking of persons. The Philippines remains on the US Government’s human
trafficking watchlist due to its inefficient judicial system. Children and Women
systematically get trafficked for work and sexual exploitation within and outside
the country.

Epilogue/Final Words

The current theme of transition and change is not necessarily much of a reason
for celebration. For those who have made an enemy of the administration, perhaps
they will stir exaggerated euphoria over the transition of government. For us, it
would be impolite. But more than impolite, now is the time for yet another enormous
exertion of effort on the part of allies in human rights.

As exciting and hopeful as the prospects are, we may very well find ourselves in
new circumstances, a new governmental policy and a new atmosphere where the pulse
of human rights protection depends heavily, if not exclusively, on our efforts.
There may be no mysterious, hidden force behind human rights violations to lay
blame on. There may be no extraordinarily powerful hierarchical structure of rent-
seeking or coddling to undress or uncover. There may be no sinister, invisible hand
to handcuff, no arm to yank, no body to arrest and no face to unmask.

There may be no one, except ourselves to scrutinize. And thus, beyond the effort
that must be miraculously multiplied, even the timing of our effort will be under
close inspection. It is more urgent than ever – we must act now.

If we do not act expeditiously, if we wait until some unscrupulous forces close

in to occupy the vacuum created by the exit of the last administration, if we wait
for another invisible hand to orchestrate a new movement of human rights
violations, and negligently wait before we act courageously – then all our efforts
in the future will be exactly what critics have characterized human rights
protection to be: pure and exaggerated rhetoric, grossly ambitious to the point of
impracticable, always aspirational but never executable and the worst of them all,
an easy spiel for hollow grandstanding consistently abused by insincere public
officials.

I have been constantly accused of grandstanding in the name of human rights. The
critics may be right. Perhaps we came too late to do anything meaningful against a
culture of impunity that persisted for almost a decade. We could not find enough of
the missing, enough of the executed. We could not accost enough of the cruel
torturers, enough of the nefarious benefactors. Even genuine efforts can appear
insincere when results are spare.

And that is why we cannot fail this time. Now is not the time to celebrate. Now
is not the time to derive respite or relief. Now is the time to set the table, to
carve the grooves upon which the new administration should tread. The transition is
the time to ensure that human rights advocates and defenders do not come too late
to the table, and that our new elected officials are apprised of the increasingly
important theme of vigilance over human rights.

Support comes from everywhere – as we happily recognize today with the gathering
of our partners, including our Australian counterparts. And your support must
translate into exponential participation from all sectors of Philippine society,
established early and its growth in the years ahead, secured. Time and again, it
has been emphasized that the effort must be great in order to reverse the human
rights situation. Time and again, it has been an urgent call to act in the present,
when the call is made. But to my mind, no present moment found along the timeline
of the Aquino administration is more critical than now – right before we turn a
leaf at noon on June 30th.
 This early, I offer you the People's most heartfelt appreciation. And I offer
you our most urgent appeal to continue to stand with us in the fight to preserve
human rights for the Filipino people.

Thank you.