Andrew Jan M.

Nacita October 4, 2019

11880457 HR Conventions Reaction Paper

The Philippines and its Blind Eye to Evident Violations of Human

Rights

After countless years of atrocities and crimes against humanity, the

world has convened and made an international body that could monitor

the states to ensure that such degree of inhumanity and brutality shall not

be repeated. Thus, the United Nation was established. In connection,

treaties such as the International Covenant on Civil and Political Rights

(ICCPR) and the United Nations Convention Against Torture (UNCAT)

were made between and among states to advance the fundamental

freedoms and to protect the basic human rights of the people around the

globe.

These conventions gave utmost importance to the people’s inherent

Human Rights. It gave the people freedom to choose how they live, how

to express themselves and what kind of government they want to support

among many other things. Likewise, Human Rights also guarantees the

right to life, liberty, equality, and security. It gave protection to the people

against abuse by those who are more powerful.

ICCPR – International Covenant on Civil and Political Rights

The ICCPR recognizes the inherent dignity of each individual and

aims to protect and respect their civil and political rights. This of course,

includes the right to life. The Philippines signed the treaty on December

19, 1996 but only ratified it 20 years later on October 23 1986. As stated

by the covenant, Human Rights are to be protected. The freedom against

torture, other inhumane punishment and due process are guaranteed

under the said treaty. As part of the law of the land, the Philippines also

guarantees such right under our constitution. However, this seems to be

far from reality. As backed up by research and numbers, the Philippines’

“War on Drugs” seems to go against the very basic rights protected under

the ICCPR. Thousands of killings were merely set aside. Almost all of the

cases were dismissed without just grounds due to lack of evidence.

What’s worse is that the head of the state is relentless on this campaign

despite such results.

ICESCR- International Covenant on Economics, Social, and Cultural

Rights

The covenant is a multilateral treaty which commits its parties to

work toward the granting of economic, social, and cultural rights to the

Non-Self-Governing and trust Territories and individuals. This treaty

covers important areas of public policy, such as the right to work in a fair

and just conditions, equal rights of men and women to the enjoyment of

all ESCRs, form trade unions and to strike, adequate standards of living,

including adequate food, clothing and housing and the continuous

improvement of living conditions. The Philippines signed the covenant at

the same time as the ICCPR on Dec 19, 1966 but ratified it earlier on June

7, 1974. The Philippines has enacted different legislative measures in

order to comply with its international obligation to implement the ICESR in

the national level. At the same time, the 1987 Philippine Constitution itself

provides state policies on protecting and encouraging private enterprises

and growth of cooperatives. In addition, the Philippines also enacted The

Retail Trade Liberalization Act of 2000. The law intends to promote both

Filipino and foreign investors to forge efficient and competitive retail trade

in the interest of empowering the Filipino consumer through lower prices,

higher quality goods, better services and wide choices.

UNCAT- United Nations Convention Against Torture

The UNCAT, as enshrined in Art. 2, aims to take effective legislative,

administrative, judicial or other measures to prevent acts of torture in any

territory under its jurisdiction; no justification even under exceptional

circumstances. As stated by the convention, “Torture is never, under any

circumstances, justified.” It recognizes the equal and inalienable

fundamental rights of all persons. The Philippines ratified the convention

in June 18, 1986 and as such, the Philippines adopted the convention in

its municipal law more specifically, it is shown under the 1987 Philippine

Constitution in the Bill of Rights. Likewise, as a legislative measure, former

President Gloria Arroyo enacted R.A 9745 otherwise known as “An Act

Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment

or Punishment and Prescribing Penalties Therefor”.

UNCRC - United Nations Convention on the Rights of the Child

This convention is also known as the most ratified treaty. The

convention acknowledged the primary role of the parents and the family

in the care and protection of children, as well as the obligation of the State

to help them carry out these duties. According to the Child Rights

International Network, although the Philippines ratified the convention in

the year 1990, it has not incorporated it into its national law. However,

some rights and principles have been implemented through national

legislation. An instance could be that a child may bring an action into court

only by the assistance of hi or her parent, guardian, or a guardian

appointed by the court. This could be seen in one of the cases laid by the

Philippine Supreme Court entitled Oposa V. Factoran wherein several

minors, accompanied and represented by their parents filed a petition

before the Supreme Court in a case relating to ecology.

CEDAW – Convention on the Elimination of Discrimination Against

Women

The convention is also described as the International Bill of Rights

of Women. As stated in its preamble, the convention aims to guarantee

equal rights of men and women. Accordingly, it recognizes that

discrimination against women continues to exist. The Philippines signed

the treaty on July 15, 1980 and ratified it on August 5,1981. Several

legislation has been enacted to further bolster the convention here in the

country such as R.A No. 9262 otherwise known as the Anti-Violence

Against Women and their Children. An interesting note however, is how

the current head of the state handles the issue with regards to our women

today. With his multiple misogynistic remarks, it has been said that the

current administration has created an environment dangerous to women.

ICERD – The International Convention on the Elimination of All

Forms of Racial Discrimination.

The convention came into motion after the widespread antisemitism

in several parts of the world in the year 1960s. The convention aims to

condemn all manifestations and acts that purports hatred against racial,

religious and national characteristics. The Philippines signed the treaty in

March 7, 1966 and ratified it on September 15, 1967. The Philippines has

had its fair share of problems regarding the legality of the issue at hand
as seen by some of the cases laid down by the Supreme Court entitled

ISAE V. Quisumbing and Rubi (et al.) V. Provincial Board of Mindoro. As

ruled in the cases, public policy abhors inequality and discrimination.

There is a difference between tolerance and acceptance. Acceptance

goes beyond tolerance. Tolerance is saying “I can work with X even if he’s

Black”. Acceptance is saying that “X is Okay.” Today, we move beyond

and towards acceptance. Acceptance that everyone is equal.

Analysis and Observations

The conventions were made to give utmost importance to the

peoples inherent human rights. However, the biggest challenge with this

is the proper implementation of the law both through legislative and

executive acts in the domestic sphere. One may raise the question as to

whether such conventions in which the Philippines is a signatory to are

implemented properly by the government or not? The question is

answerable by both yes and no. As discussed above, the Philippines are

exerting efforts to comply with the conventions in the domestic legal arena

by legislative acts and through our rights provided by the constitution.

However, even though there has been efforts, legitimate, effective and

proper implementation is yet to be seen or felt. One may argue that what

the current administration does even goes against some of the most basic

principles laid down by these conventions. Most notable, the current war
on drugs. The government are still relentless on their pursuit to the alleged

“drug dealers, drug pushers, and drug lords” through suspicious police

operations by killing the suspects on the spot by “unidentified gunmen”.

Due to this, thousands of deaths occurred and has been recorded by the

Philippine Drug Enforcement Agency (PDEA). Even prosecutors, judges,

and lawyers who are defenders of human rights are not spared from this

current culture of impunity. A number of members of the judiciary gets

murdered as they face threats in relation to their work. According to the

National Union of Peoples’ Lawyers (NUPL), as of July 29, 2019, at least

41 judges, prosecutors and lawyers have been killed since July 2016.

Most of the lawyers are counsel for those who were accused of being drug

personalities. Despite such results, the president and some of the people

remain apathetic concerning such policy. The president remains

unaffected and still continues to justify his campaign despite horrendous

results.

Conclusion

The Philippines, at its current state is far from achieving the most

basic precepts laid down by the conventions. We have yet to see the

conventions become a reality and feel its effects. As dubbed by some, the

past 3 years of the Duterte administration have been considered as one

of the most bloody periods in recent years. Multiple violations of the most
basic principles of human rights are evident. What’s more alarming is the

continuous support the administration is getting. However, as I have

observed, the fight is still far from over. People from the next generation

are still fighting for the cause and is not afraid to take up the challenge.

As stated by the campaign slogan of the current administration, “CHANGE

is coming” some could arguably say that change has indeed came. A

change for the worse. However, it is still not too late. As part of the future

generation, we must act now. The change starts from us.