Agot, Crystal Kate A.

Human Rights Law

Section 2JD-E
Seatwork:

If you are one of the commissioners in CHR, what would be your priority adaptive program in relation to the alleged violations of human Rights
perpetrated by the administration. Your program or action should be specific with the objective of protecting the citizens from the alleged
violations. Additionally, cite your legal basis for your program

Study:

“If it’s drugs, you shoot and kill” – President Rodrigo Duterte

This is the latest statement of President Rodrigo Duterte last September 01, 2020 during his Presidential speech at the presidential palace in
Manila. President Duterte is known for his “war on drugs” campaign which is known to be the centrepiece of his Presidency. Recently, the
Philippine President has publicly ordered the country’s top customs official to shoot and kill drug smugglers, in one of his most overt threats during
a deadly four-year campaign that has been the centrepiece of his presidency.

According to Human Rights World Report Organization, The Philippine National Police reported that 5,526 suspects were killed in police operations
from July 1, 2016 to June 30, 2019. However, this number does not include the thousands more whom unidentified gunmen killed in cases that the
police do not seriously investigate, pushing the death toll to as high as 27,000 according to estimates by domestic human rights groups. Of these
thousands of cases, only one case has resulted in the conviction of police officers. In November 2018, three police officers were sentenced to up to
40 years in prison for the murder of 17-year-old Kian delos Santos. CCTV footage showed the police officers taking the teenager into a back alley
where he was later found dead.

With these alarming numbers of alleged human rights violations, as a Commissioner of the Commission on Human Rights, I will prioritize the
following adaptive programs:

PROGRAM DISCUSSION
1. Conduct an investigation Although numerous reports from local and international mainstream media are on the surface of the
on the alleged violation of internet, the said reports cannot be considered as a sole basis of the alleged human rights violations. The
human rights reports of the mainstream media are only a booster for the Commission to know about the said violations.

Therefore, the Commission on Human Rights will conduct an investigation based on the documentation of
complaints, fact-finding missions, multi-sectoral quick reaction team, public hearings/inquiries, resolution

2. Educate the civil citizens
with the alleged violations
of human rights; Equip the
public with knowledge, by
providing effective and
modernized measures,
about their constitutional
rights and special laws
covering human rights
Agot, Crystal Kate A.
Human Rights Law
Section 2JD-E
of cases, filing and monitoring of cases, alternative dispute resolution. This is pursuant to Article 12,
Section 18 (1) of the 1987 Philippine Constitution.
Section 18. The Commission on Human Rights shall have the following powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving
civil and political rights;
Educating the public about the alleged violation is not an easy task especially nowadays with the rise of
social media and content creators on different platform, fake news can’t be easily spotted and determined
by most social media users.
Therefore, the Commission on Human Rights shall provide adequate and simple information about these
alleged violations by disseminating clear and comprehensible information and discussion about the latest
violations of human rights. This is pursuant to Article 3, Section 7 of the 1987 Constitution:
Article 3, Section 7.
- The right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions,
as well as to government research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
Moreover, educating the civil citizens shall not be limited to providing continuing development of client-
based human rights education and training programs and modules/teaching aids learners’ aids/kits, and
curricula.
Therefore, the Commission on Human Rights shall maximize the use of social media platforms to provide
effective and modernized measures about their constitutional rights and special laws covering human
rights, not limited to, posting short educational videos discussing the Bill of Rights made for the public that
are comprehensible even to minor children, promoting the salient provisions of the Bill of Rights in a
creative manner that will catch the attention of the public regardless of their age, conducting short online
seminars not exceeding one (1) hour for comprehensive and interactive discussion about Human Rights.

3. Provide legal
aid/counselling, which is
part of functions of the
Commission on Human
Rights, to the public
especially to the vulnerable
groups particularly minor
children
Agot, Crystal Kate A.
Human Rights Law
Section 2JD-E
The same manner shall be conducted in discussing and promoting special laws covering human rights and
shall not be limited to the following:
1. Republic Act No. 9745 – Anti Torture Act of 2009
2. Republic Act No. 9344 – “Juvenile Justice and Welfare Act of 2006.”
3. Republic Act No. 7438 - An Act Defining Certain Rights of
4. Person Arrested, Detained or Under Custodial Investigation and the Duties of the Arresting,
Detaining and Investigating Officers
5. R.A. No. 8493 Speedy Trial Act of 1998
6. Miranda Doctrine under R.A. 7438 and Article 3, Section 12 of the 1987 Philippine Constitution
7. International Humanitarian Law of 2009
8. Magna Carta of Women Act of 2009
9. Human Rights Victims Reparation and Recognition Act of 2013
10. Anti-Enforced Disappearance Act of 2012
This is pursuant to Article 12, Section 18 (5)
Article 12, Section 18
(5) Establish a continuing program of research, education, and information to enhance respect for the
primacy of human rights;
One of the functions of the Commission on Human Rights is provided under Article 12, Section 18 of the
1987 Constitution
Article 12, Section 18:
(3) Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services
to the under-privileged whose human rights have been violated or need protection;
The Commission on Human Rights shall continue providing legal aid and counselling to the public, as
 Agot, Crystal Kate A.
Human Rights Law
Section 2JD-E
mandated by the 1987 Philippine Constitution

Sources:

https://www.hrw.org/world-report/2020/country-chapters/philippines#

https://www.amnesty.org/en/countries/asia-and-the-pacific/philippines/report-philippines/

https://www.theguardian.com/world/2020/sep/01/if-its-drugs-you-shoot-and-kill-duterte-orders-philippine-custom-chief

http://chr.gov.ph/wp-content/uploads/2018/01/CHR-PAPS-2017-2018.pdf