POLICY BRIEF

UC MODEL SENATE
May 2021

TITLE: National Preventive Mechanism

By Yson, Henrick D.

Introduction

Human rights are basic rights that belong to all of us simply because we are human.
They embody key values in our society such as fairness, dignity, equality and respect.
They are an important means of protection for us all, especially those who may face
abuse, neglect and isolation. Most importantly, these rights give us power and enable
us to speak up and to challenge poor treatment from a public authority (Age UK,
2017). The Philippines had been plagued with human rights abuse from the times of
the Marcos regime to present. Especially in recent years, since President Rodrigo
Duterte took office in 2016, his “war on drugs” campaign has killed thousands of
mostly urban, poor people with impunity. The security forces have killed hundreds of
activists, rights defenders, Indigenous leaders, lawyers, journalists, trade unionists,
and environmentalists in a counter-insurgency campaign that involves the vilification,
called “red-tagging,” of people deemed to support communist insurgents. Duterte also
sought to silence critics, notably opposition Senator Leila de Lima, and news
organizations Rappler and ABS-CBN. The government’s response to Covid-19 has
caused serious rights violations, including the deaths of quarantine violators. And the
need of a National Preventive Mechanism is timely and efforts to implement an
effective and independent National Preventive Mechanism in the Philippines have been
ongoing since April 2012, when the country ratified the OPCAT.

Main arguments

Human rights are important because no one should be abused or discriminated

against, and because everyone should have the chance to develop their talents.
Unfortunately, many people around the world don’t have these basic rights and
freedoms (Lego Desk). In the case of the Philippines, we do have human rights
ingrained in the 1987 Constitution. Article XIII Social Justice and Human Rights:
Section 1. The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by equitably
diffusing wealth and political power for the common good. To this end, the State shall
regulate the acquisition, ownership, use, and disposition of property and its
increments. Section 2. The promotion of social justice shall include the commitment
to create economic opportunities based on freedom of initiative and self-reliance.
Manifested in the country’s creation of the Commission of Human Rights which is
mandated to conduct investigations on human rights violations against marginalized
and vulnerable sectors of the society, involving civil and political rights. Although with

1
even the constitutional mandate and the organization for which carries it out. The
cases have not ended or lowered especially in the present administration.

Evidence & Data

Evidence of human rights abuse is plenty more so in the Duterte Administration.

President Rodrigo Duterte has plunged the Philippines into its worst human rights crisis
since the dictatorship of Ferdinand Marcos in the 1970s and 1980s. His “war on drugs,”
launched after he took office in June 2016, has claimed an estimated 12,000 lives of
primarily poor urban dwellers, including children. Violation of children’s rights, attacks
on journalists and media from Rappler and ABS-CBN, and government policy failures
contributing to the country’s worsening HIV epidemic persisted in 2017. The poor
handling of the Covid-19 pandemic resulting on many deaths of quarantine violators.
And the proactive campaign of surveillance, harassments, threats and terror to any
groups associated with human rights or any progressive groups linking all of them to
terrorism.

Issues and Challenges

Duterte’s most prominent critic, Senator Leila de Lima, remained in detention on

politically motivated drug charges. Pro-Duterte lawmakers in 2017 sought to eliminate
budgetary funding for the official Commission on Human Rights as apparent retaliation
for its efforts to probe the anti-drug campaign. In the face of mounting international
criticism, the Duterte government has adopted a tactic of denying as alternative facts
well-substantiated reports by human rights and media organizations of high death tolls
linked to the drug war. In August, Duterte encouraged police attacks against human
rights groups and advocates, instructing police, “If they are obstructing justice, you
shoot them.” Duterte has publicly condemned the Commission on Human Rights and
threatened to abolish it. He also repeatedly subjected United Nations Special
Rapporteur on Extrajudicial Killings Agnes Callamard to profanity-laced ridicule for her
repeated efforts to secure an official visit to the Philippines. In August, he responded
to Callamard’s criticism of police extrajudicial killings of children by calling her a “son
of a bitch” and a “fool.” The evidence speaks for itself that the administration is the
problem. He and his allies are a challenge to the approval of the National Prevention
Mechanism as it is a direct effort to cease the fear tactics employed by this
administration as well as be held liable for it.

Conclusion

There is a need for the approval of the National Preventive Mechanism, it will provide
the protection of life for all types of fear induce by a dictatorial government. With the
support of different countries and the whole international community, we must show
our stand and fight through it with commitment and support on this issue.

Recommendations

The passing of this bill is highly sought after.

2
References
Use APA Citation Style (17th edition)

Age UK (2017, August 31). Human rights. <https://www.ageuk.org.uk/information-

advice/work-learning/discrimination-rights/human-rights/>

Human Right Watch. Philippines. <https://www.hrw.org/asia/philippines>

Association for the Prevention of Torture. Philippines. <https://www.apt.ch/en/what-

we-do/where-we-work/philippines>

Lego Desk. What Are Human Rights & Why Are They Important?
<https://legodesk.com/legopedia/human-rights/>

Official Gazette of the Republic of the Philippines. The 1987 Constitution of the
Republic of the Philippines – Article XIII.
<https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-
republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-
article-xiii/>

Commission of Human Rights. About Us. <https://chr.gov.ph/about-

us/#:~:text=The%201987%20Philippine%20Constitution%20primarily,full%20respe
ct%20for%20human%20rights>.

World Report (2018). Human Rights Watch. <https://www.hrw.org/world-

report/2018/country-chapters/philippines#>