Chapter 6 THE CONCEPT OF HUMAN RIGHTS INTRODUCTION This chapter evolves in response to the mandate of Executive Order No. 27, directing the Department of Education, Culture and Sports (DECS) to include the teaching of human.rights in the different curricula, This Executive Order further recognizes the pressing need of educating the Filipinos about their rights. Such a movestrengthens the liberal education program. It also shows that the government is very supportive. This chapter will make us realize the relevance of these rights in our everyday life, More so, the beauty and the relevance if the issue can be seen in the analysis of the relationship between man and man, man and the state as well as the state and state, If there is a meaningful or significant interaction between them, social justice and independence will be realized no matter what ideological structure the state or government may adopt. DEFINITION The concept of human rights is closely related to the ideas of social justice and an atmosphere of independence which is real or genuine as the critics of the overnment describe it. 71; Human Rights to the late Senator Jose W. Diokno, a dedicated human righti is the sum of all the rights which allows a human being to live a human life, ~ United Nation describes them as the “inalienable and inviolable rights of aly members of the human family.” These rights are in-born and are highly accepteg norms of conduct in the world. They belong to man as. a member of the society, by, he has the duty to defend them once they are not respected by others even at the expense of his life. Thus, they are highly valued but once they are tampered with and lost they become the aspirations or goals to achieve, Simply stated, social justice is respect for the existence of a person or a group of people by extending what is due them in all aspects of life, Definitely, there are numerous meanings of the term but they do not include such conditions like deprivation of the basic needs, living below the poverty line, underemployed ang unemployed productive manpower, curtailed freedoms, and many more derogatory terms and conditions. Independence or sovereignty. The dictionary defines it as self-determination, self-government or unlimited power. “Real independence begins when the US government is no longer allowed to dictate the terms of our sovercignty and security,” says Senator Wigberto Tafiada, It is the ability to say NO to situations and persons when one’s existence is at stake or in danger. It is a risk to say NO, but it is a right, a duty and an ability to do so. And a NO decision connotes strength, foresights and the presence of an alternative move to the situation and this alternative must be a nationalist alternative, to borrow the term of Professor Renato Constantino, HISTORY OF HUMAN RIGHTS Many will think that the subject of human rights (HR) is just a century old. It is as old as the Bible and that is why governments cannot just take it for granted. It is already an institutionalized concept or an institution. There are four historical events which were contributory to the formulation of these rights. They are: the Enlightenment Era-Europe of the 18" century, the Period of Capitalism, the American Revolution of 1776, the French Revolution of 178% 1799, The first two periods are considered as historical movements, while the last two solemn declarations. (Romero 1987: Part I, 2-4). The Enlightenment Era is characterized by great desire to understand the truths | behind the things and events as they happened, The means to such knowledg¢ was logical reasoning for the misgiving the people had on the authority of the government, The concepts of the times which evolved to help describe the situation | were equality, liberalism, the will of the majority, and many more. The rise of Capitalism as the second factor is known for its emphasis on free enterprise which Gave rise to the bourgeoisie or the rich middle class which had the upper hand in the 72economy. It is also responsible for the development of a capitalistic economy. With corresponding concepts like private ownership and class conflict, to mention a few. The formal Declaration of Independence during the American Revolution of 1776contains the numerous and varied rights of the Americans which are as follows: (Adler et al, 1977872). “We hold these truths to be self-evident, that all men are created |: that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among them, deriving their just powers from the consent of the governed, that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its power in such form, as to them shall seem most likely to effect their safety and happiness.” Lastly, the French Revolution of 1789-1799, in its Declaration of the Rights of Man and of the citizens, highly manifests such rights in the following articles (Romero, 1987: Part I, 4). Article 1. Men are born and remain free and equal in rights. Social distinctions can only be founded upon the general good. Article 4. Liberty consists in being able to do everything which injures no one. The above articles of the different Declarations recognizes the political as well as the civil rights of man. The natural rights are in-born and nobody can just take them away from the individual as they are equally shared by everyone. They are the right to life, to liberty, to be happy, to love. (De Leon, 1987: 109). In the process of pursuing happiness, several freedoms have to be granted like the freedom of specch, press, assembly, the right to form associations, to travel, to mention a few of the civil rights. Political rights include participation in the different political Processes which have something to do with the management of the government. The civil and the political rights are granted by the Constitution to the constituents. But by the very nature of the different rights, the political rights are limited in promoting the general welfare by the very source that gave their existence which is the Constitution, Such an analysis became a reality during the later part of the 19 century and early 20 centuries (Romero, 1987: Part Il, 2). During this time, socicty became popularized as only a few benefited from the socio-economic and political aspects of life; free enterprise led to an economic structure like monopoly. Later, the Socialist and Marxist theories made a timely entrance in socicty offering alternative solutions to the existing equality of life. Objectively, the Russian Revolution of 1917 contributed to the list of rights like freedom from exploitation for private profit, the principle of cultural self-determination and the principle of racial-discrimination (Romero, 1987: Part II, 1). Definitely, the rights espoused by the Russians arc the opposite of those espoused in the Capitalist economy and society. The Marxist theory offers a thcorctical solution to the societal problems as it conceived of a classless socicty and class struggle. Anyway, even Thomas 73— Jefferson's Declaration of Independence shares the idea of changing, or abolishin, the political system if ever and whenever it becomes a nuisance to the majority ¢f the people. They differ in the approach of initiating an institutional change, SOURCES ‘The term human rights has been embodied in the charter of the United Nation, Later it was expanded and given significance in a long list of declarations ang conventions held throughout the world, The most comprehensive source information on the nature of these rights is the International Bill of Human Rights, (UN Publications, 1984:24) which is composed of the following documents: the United Nations’ Declaration of Human Rights in 1948, the International Covenary of Economics, Social and Cultural Rights and the International Covenant of Civil and Political Rights, both of which were adopted by the United Nations in 197, Other sources are the Declaration and Action Programme on the Establishment a New International Economic Order and the Charter on Economic Rights and Duties of States (Diokno, 1981:21). The above list contains the guidelines for the observance of human rights and the basic freedoms. They have been adopted or approved by the United Nations’ General Assembly on the specified dates. Since they are only resolutions, they are not binding; and so the body cannot legally punish the erring member states. This is the major reason why there are continuous and increasing human rights violations But such a limitation does not paralyze the organization to function effectively. The Untied Nations, as an international body, intervenes through different methods like: an investigation and fact-finding by reputed and objective experts, direct contacts with government representatives, dialogues and exchanges with ; Governments and the exercise by the Secretary-General of his good office (UN Publications, 1984-205). The methods to be used vary, depending on the form of violation and the state policy of the country under investigation. The methods cannot fully assure the permanent solution to the problem but through the opinion of the international body, the government under investigation can rectify its mannet in dealing with its constituents for fear of maligning its international image and status, TYPES OF HUMAN RIGHTS AND ITS COMPONENTS Atthis point, it is proper to define and discuss the nature of the rights of mat and the rights of the society. Man as an individual is entitled to certain rights of freedom of action withit the social group and in relation to other individuals. The moment he is conceived! heis already vested with rights by the society and its culture. This will enable hit! to realize the personal aspirations through the discovery of his ingenuity or Got 74SS EEE given talents. Whether his ambitions are realized or not, he is still entitled to be respected as a person, On the broader perspective, the society is also entitled to a freedom of action to realize its goal or aspirations for its constituents, regardless of what economic or political stage of development the society is in; for its rights are its means to national development, Ttis important to take note of the role of the government. Ithas been authorized by the people to protect their rights and to promote their welfare and not the other way around. Also in the process of protecting rights, there is no such thing as whose rights will have to be attended to first, man’s or society's. Both arc interrelated and interdependent of one another; for the development of the state means the development of the people and vice-versa. ‘What then are the components of these human rights? There are many of them but they can be lumped together or categorized into three groups. Man has the following rights: to enjoy; the right to life, to dignity, and to sclf-development; the rights of the people are to survive, to sclf-determination, and to national development (Diokno, 1981: 25). The components of cach category of rights are enumerated in diagram form for us to be able to appreciate them. Also they are self explanatory. RIGHTS OF MAN -——— Health Own Property Form Trade Unions/to Strike Rest and Leisure Social Security LIFE Move freely within the country To leave and return freely Marry Establish a family |___—- Exercise Rights of Parents A)a Recognition as a Person Honor and Reputation Freedom of thought, conscience, religion opinion and expression , Right to information Equal treatment before the law DIGNITY Privacy in the family, the home and in correspondence Freedom from slavery, torture, cruel puris, ment, degrading/inhuman punishment, arbitrary arrest, detention or exile Be presumed innocent of crime Fair trial Education Share in cultural life of community DEVELOPMENT cal Form associations Live in national and international order 76RIGHTS OF THE PEOPLE SURVIVAL al SELF. DETERMINATION -| NATIONAL DEVELOPMENT Peace Non-aggression Share international trade with just price for products Sovereign equality in international affairs and organizations Freedom from all forms of racial discrimination Political independence Freedom from colonialism, neo-colonialism, Alien domination and intervention in national affairs Sovereignty over our natural resources and all economic activities Control the activities of foreign investors and transnational corporations Freely choose and change political, social, cultural economic systems. Choose the goals and means of development Industrialize Social and economic reforms Share in scientific and technological advances of the world Reparation and retribution for exploitation 7a GENERAL FORMS OF HUMAN RIGHTS VIOLATION It is important to include in the discussion the following sub-topics: the different forms of violation and its victims and the alleged perpetrators violator, This may serve as eye-opener for the beginners in the field of Human Rights ang the victims as well, Through the supervision of the United Nations and its specialized agencies the countries are studied on the basis of reported atrocities. They are not chose, due to hearsay or suspicion but from the requests and complaints that are sent t, the international body by the non-governmental groups representing the differen, sectors of the society concerned with the issues on rights violations. Based on the UN study, the most common forms of violations take place in the following situations which result from apartheid, from all forms of raciaj discrimination, from colonialism, from foreign domination and occupation, from aggression and threats against national sovereignty over its wealth and natural resources. (UN Publication, 1984: 195). The nature of the 21* century HR violations would be more associated with globalization like the fundamental socio-economic rights: the right to health, decent domicile, education and the right to a clean environment and its prescrvation. 4 crime against humanity is also a violation like ethnic cleansing and genocide. If there are rampant human rights violations, who are the victims? Still based onthe series of studies made, there are groups that are most prone to be victimized for they are completely helpless from the very start. They did not will such conditions but the society in general and its cultural hypocricies. These are the children, the mentally retarded, the disabled, the ethnic/ cultural minorities, the illegitimate children and lastly, the aliens. Measures have been undertaken or recommended like special treatment and guidance to ke extended to them. HUMAN RIGHTS: ANALYSIS OF PHILIPPINE REALITIES Most articles written on Human Rights in the Philippines have a commot denominator: that there are violations. Is it easier to violate than to conform’ Does national development go hand in hand with the gross violation of freedoms and rights? What about the documents that have been signed by the membe! countries? Are they for the eyes only? Or for the chosen few? 78Se an EEIERNEEIEEEIEErEeeee eS The following theoretical orientations can help analyze the roots, nature and effects of the violations of human rights in the country, 1 The Structural ~ Functional theory of Taleott Parsons views the society asa soclal system which is divided Into different parts/structures (social institutions) and each part 1s goal-orlented, ‘The structures and functions are interrelated and Interdependent, Peace and order in the social system is possible when the needs of the people are satisfied according, to accepted values and norms, For example: the school functions as a training ground of students for their future. The family has a biological function to replace the aged for the society to continue, The government maintains peace and order, ‘The failure of a structure to play Its role means a social problem, 2, The Dependency Theory: ‘The Development of Underdevelopment of Randolf Davidand Andre G, Frank points out that the underdevelopment of the Philippines and the Latin American countries is due to their past experiences with their respective colonizers; for the former were forced to depend on the Jatter economically, politically, and socio-culturally. Actually the 3” and the 4" world countries fall within this framework, OBSTACLES IN THE PROMOTION AND PRACTICE OF HUMAN RIGHTS, Human rights violations were first experienced when the colonizers stepped into the Philippines. They internationally restructured the society according to their culture and to have them as models of development. The following are the unequal treaties and conditions which were imposed on the country-during the Spanish Regime: forced labor, unjust payment of taxes, abuse of authority, the Galleon Trade; during the Japanese Occupation: comfort women, torture of the Prisoners of War, Death March; and during the American Regime; Bell Trade Act of 1946, Laurel- Langley Act of 1956, both of which included and extended the controversial Parity Rights which allowed the Americans to exploit our natural resources, and the RP- US Military Bases Agreement. Although they have been terminated, the effects of these treaties are still felt by the people and the cou ntry. Equally important are the Positive contributions of the colonizers like religion, knowledge of hygiene and sanitation, introduction of a democratic political system and processes, and trade and commerce, but they were indirectly used to exploit the society. Asa result, the Philippines has a half-baked development unlike Malaysia, Singapore, South Korea and Taiwan which are now members of the Neo-Industrialized Countries (NIC’s). ____Up to now, development is very elusive as policies, programs and the institutional set-up rest on a trial-and-error basis. For example, a change in the Political leadership may lead to a revamp in the cabinet members based on political Patronage or regionalism but not on the merit system. Likewise, a change in leadership may lead to structural changes in the government and its branches like a change from the democratic to authoritarian rule and back to democratic: the legislative branch, form bicameral to parliamentary to bicameral. 79$e Sometimes the structures created are overlapping i i i S ated a lapping in carrying or playiny functions or roles like NBI-PACC (Presidential Anti-Crime Commi lon) ate PNP police, Meanwhile rights violation continue to occur. : While itis truc that at first the practice of rights violation was foreign-orieng, as they still are, what is worse is the fact that now the Filipinos victimize one anoth, regardless of age, sex, geographical location, socio-economic status, education, attainment, ete,, to mention some of the exploited areas, ' A case in point would be that of the children in their tender and innocent age, Violations come in the form of sexual abuse, economic exploitation, child traffick, and abandonment (street children), Generally, the victims of sexual assaults gitls, and the assailants are usually parents, relatives or their mother’s live-in part, (trusted adults) while young boys are victimized by non-blood relatives ji, employers, superiors/ teachers or strangers in the men’s room. Figure 1 and 2. The PCHR-records show the victims. The police and civil are the foremost violators. Figure 1 VICTIMS OF HUMAN RIGHTS VIOLATIONS 1988 - June 2000 Total: 21,874 8374 Civilian 5189 Rural/Urbany Industial Workers Z) e972 Child/Minor! = ‘Woman/Student 9) 759 Miltary/Police 507 Local Ofcals/ Employees | J 330 Detainee Pri etainee/Prisoner ( a71 Urban Poor Others (| 3372 it, Source: Commission on Human Rights Management Information Ser Division, PMS 2000? 80ST Figure 1 shows that majority of the victims of human rights violations belong to the marginal groups or the disadvantaged sectors of society, ‘The civilian populace is the number one victim of human rights violations followed by rural/urban/ industrial workers and children/minors/women/students. ‘The police and the military, the top suspects are also among those identified as victims of human rights violation, Figure 2 ALLEGED PERPETRATORS OF HUMAN RIGHTS VIOLATIONS. 1988 ~ June 2000 Total: 25,298 Police Military Paramilitary CPPINPA Civilian Local Otticials/ Employees Others Source: Commission on Human Rights Management Information Services Division, PMS 2000. Figure 2 shows that the police still ranks as number one in the list of alleged Perpetuators based on accumulated totals from 1980 to June 2000, on the year-to- year basis. CPP/NPA ranked number one in the list in 1988, followed by the police and the military. Thereafter, the police had consistently topped the annual listing. From 1988 to 1991, the top ranking perpetuators were the police, the military and CPP/NPA. From 1992-1994, the trend shifted as fewer cases were lodged against 81——_— the CPP/NPA, The top ranking perpetuators during that period were the police military, paramilitary, and civilian populace. From 1995-2000, the police sj occupied the top of the list followed by officials/employees and civilian, respectively, . The delayed awareness and assertiveness of the Filipinos is partly duc tothe conservative values and attitudes which have been taught at home and reinforced by the other social institutions with their clitist orientations, For example in thy family where there are authoritarian parents, there exists “hiya” or timidity, limiteg involvement as life revolves around the family, friends and kababayan (regionalism in the other social institutions like some private schools, business and governmery the management puts pressure on members who are vocal in asking, for bette, working conditions by calling them “activists”. Furthermore, while the formation, of labor unions and their right to strike is a recognized right the management resort; to union-busting, workers involved in union activities face intimidation tactics by management, including physical assaults by security guards, (1998-HR Report Phil. 2/1999: 19). Another factor was the advent of Martial Law which controlled the lives of the people through repressive laws and policies like the counter-insurgency program. Such experiences nurtured the feelings of fear and distrust toward the government and its agencies. Even the Aquino’s and, the Ramos’ and the Estrada's administrations has been spared of rights of violations because of their insistence onusing the same harsh policies against the rebels. Tables I and II will help explain the nature of rights violations. Table 1 COMPARATIVE STATISTICS MARCOS ‘AQUINO CASES (1981-Feb, 1986) March 1986-Dee. 1990 Arrests/Detention (Individuals) 15,989 18,776 Salvagings (Individuals) 1,940 945 Disappearances (Individuals) 615 779 Massacre Incidents 44 175 No. of victims killed NA 765 No. of victims wounded NA 306 Frustrated massacre incidents ng No. of victims killed NA 272 No. of victims wounded NA 366 Source: Research, Documentation and Information Program TASK FORCE DETAINEES of Philippines October 21, 1992, 82°——— TABLE2 HUMAN RIGHTS VIOLATIONS BY TYPE 1988 ~ June 2000 .. INCIDENCE OF ARRESTS: MASSACRES AND FRUSTRATED 4 MASSACRES 52 Wine, Wkilled #wounded ; 66 Massactes.... 2 6 6 |. TOTALNO. OF ARRESTED/ ; i } DETAINED INDIVIDUALS 17 ARRI ; J. NO.OFEVACUATION INCIDENTS... 4 SANS WITH REGO ee Total no. of deaths in evacuation... 0 K, NO.OF HAMLETTING INCIDENT .. 0 L._NO.OF INCIDENTS OF FOOD BLOCKADE os 1 Died doe to torture, cruel treatment, ° M. NO. OF INCIDENTS OF ECONOMIC . BLOCKADE ... seve ‘Transferred to other are: 0 ~ 0 Still detained . ” gy N. NO.OF INCIDENTS OF DIVESTMENT Unconfirmed 1 OF PROPERTY .. u TOTAL. 127 0. NO.OF INCIDENTS OF DESTRUCTION ).. METHOD OF ARREST/DETENTION eee 3 Arrested with warrant .. 10 P. NO. See A eeaaL z ee INCIDENTS OF HARASS. n ‘Arrested (unconfirmed whether w/or = w/out warrant) 18 Q_ NO.OF INCIDENTS OF VIOLENT Surrendered DISPERSALS . 0 TOTAL R, NO.OF INCIDENTS OF PHYSICAL ._DISAPPEARANCES ASSAULTS, 16 With report of arrest 5 Total no. of victims.. B Without report of arrest 0 S.no. of Incidents of Demolitions 1 TOTAL 5 Total no. of house demolished «sum 0 STATUSOF DISAPPEARANCE VICTIMS —_T-_ NO. OF INCIDENTS OF FAKE/FORCED Surfaced killed 0 SURRENDERS . 0 Surfaced kn'detontion, 0 Total no. of victims 0 Surfaced alive and fi © U. CASUALTIES DUE TO CROSSFIRES Still definitely mi 5 No. of incidents. With unconfirmed reports of Total no. of killed... surfacing. 0 Total no. of wounded. TOTAL 5 V. NO.OF VICTIMS OF OTHER - SALVAGING UNPREMEDITATED KILLINGS......._ 0 Report of arrested 1 With no report of arrest. 12 W. NO.OF VICTIMS OF OTHER TOTAL B WOUNDINGS... se 1 FRUSTRATED SALVAGING TASK FORCE DETAINEES OF THE 2 PHILIPPINES RESEARCH, DOCUMENTATION: 15 AND INFORMATION PROGRAM October 8, 71992 Source: Commission on Human Rights Management Information Service Division, PMS: 2000. 83———— rr rrr In the past as well as today, the people and the victims are confused whethe, they will resort to legal means for justice which is slow, selective and expensiy, (like in the case of the Vizconde Massacre and the DESAPARECIDOS). Accotding to former Senator Wigherto Tanada, despararecidos are victims of enforced» involuntary disappearances, Since the people have nowhere to seck assistance redress they cither keep silent (like the sexually abused children) until they end y, as mental patients or sometimes they simply leave their home-bases to avoid stigyry of being victims, In some instances, the victims filed their cases in forcign coup (like Hawaii) as the winning case of the Filipino HR victims versus the Esta late Pres. Marcos. The Philippine government is trying its best to cope with the abuses b laws. There are laws to protect the children from child abuse like Executive Orde. No. 56 ordering the DSWD to take protective custody of the child prostitutes ar Sexually Exploited Children and R.A. No. 7610 - The special Protection of Ch Against Child Abuse. Exploitation and Discrimination Act - which provid more penalties for the prostituting and the trafficking of children. The retum the death penalty (lethal injection) in 1993 is a preventive measure to stop increasing crime rate. It was implemented, during the time of former Pres. Estrads Indigenous People’s Right Act (IPRA-RA-8371) was signed by Pres. Ramos in 1997 to protect the natives and their ancestral lands. They seem not to be of hel because of the culture of the Philippine society and the limited budget to prosecute the perpetrators. Our judicial system is also afflicted by corruption and inefficiency (1998-Human Rights Report - Phil. 2-199: 7), A saving grace for the government, the society and the victims i of the Commission on Human Rights in the 1987 Constitution. Even ona limited budget, it has accomplished:so much like information disseminatic: and educational activities for the different sectors of the society and the investigation of reported cases as shown in Table 3 and Figure 3 respectively. 84a TABLE3 SECTORAL PARTICIPATION IN PUBLIC INFORMATION ACTIVITIES 1988 = 2000 " NO.OF se . ECTOR __ PARTICIPANTS 1, Government Officials/Employees/Municipal Employces/Private Sectors 99,282 2. Rebel Returnees/Prisonery/ Detainees nan 3. Students/Teachers/ Youth Sector/School Heads 166,165 4 ry /Police/ Team Trainees/NC Officers/Enlisted Men 165,018 5. Barrio Residents/Officials 9,985 6 Religious Sector/Lay Workers 1409 7. Media 1,307 & Farmer/Fisherman 726 9. Judiciary 435 10, Urban Poor 46% 11, Cause-Oriented Groups (NGO) ' 14,266 12. Rural/Urban/ Industrial Worker 6All 13. Professionals 9A 14. Civilian/General Public 83,545 15. Multi-Sectoral 228,339 TOTAL 802,318 Source: Commission on Human Rights - Management Information Services Division, PMS, 2000. Table 3 indicates participant coverage in public information and education activities from 1988 to 2000 covering government and non-government scctors as well as the general public, The commission has reached out to many sectors: student/teachers/police/ military, government officials/employces and civilians/ general public. Over the year, the most gravely fit sector are the civilians; the rural and industrial sectors. Public information and education efforts will have greater impact if conducted at the community level. 85Figure 3 INVESTIGATED CASES 1988 - June 2000 Total : 17, 002 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 The above total is broken down into the following: Filed/Referred to Prosecutor's Office/Courts 7,159 Closed/Terminated 6,837 Archived 3,006 TOTAL 17,002 Source: Commission on Human Rights - Management Information Servic’ PMS 2000. 86caeesntneenennnennennesteeesnnnstentesnenesenenatsnstnensectetiet When the government agencies cannot fully protect their constituents the private sector acts as it is the growing concern of everybody to know and to educate the victim prone sectors like the children, farmers, laborers, migrant workers, indigenous group. This is manifested by the numerous NGO's (Non-Government Organizations). Some of the active NGO's are the following: TEDP ~ Task Force Detaince’s of the Philippines; PAHRA - Philippine Alliance of Human Rights Advocates; GABRIELA = The Alliance of Millitant Women’s Organization; PIND = Families of Victims of Involuntary Disappearances; CBCP - Catholic Bishops Conference of the Philippines; CAV ~ Crusade Against Violence and many more organized groups. They are also the links between the victims and the International Human Rights Organizations like ILO - International Labor Organization and the WHO - World Health Organization, In general the NGO's as peace advocates have been paralyzed in their mission for they.are eyed as spies or branded as anti- government by the authorities. Human rights activists continue to encounter minor harassments which largely appear to be committed by the local military or police (HR Practices for 1998 Report 1999: 9), At present the government has considered the NGO's as partners in monitoring cases of violations, to publish their findings and to serve as watchdogs for the government. Gloria Macapagal-Arroyo has appointed some of NGO leaders to her Cabinet like Corazon Soliman, DSWD, Karina David, Civil Service Commission, PMS head Vicky Garchitorena of (Kongreso ng Mamamayang Pilipino), KOMPIL II (PDI - 2/24/2001: A14). This move strengthens the recognized and accepted roles of the NGO's. LEGAL DOCUMENTS AND PEACE ALTERNATIVES Despite the above obstacles in the promotion and practice of human rights, there are still high hopes for peace and development. In Philippine history there have been a few who, in their own way, were brave cnough to shout FOUL or UNFAIR like Mabini, Bonifacio, Rizal, Juan Luna, Del Pilar, Recto, Quezon, Tafada, Diokno and some others, until the saturation point was felt in 1986, EDSA REVOLUTION and again this year 2001. Even if their fight for freedom was highly influenced by western educational orientation, what is significant is that their struggles have been accepted and pushed through as manifested in PEOPLE POWER Iand II. The initial stage of peace and development is the recognition of rights and freedom. There are legal documents to that effect like the Malolos Constitution of 1898; the Philippine Constitutions of 1935 and 1987. The 1987 Constitution restored to the people what had been lost and abused during the Martial Law years as manifested in Article Il Sec. 11, “The State values the dignity of every human person and guarantees full respect for human rights.” Article II Bills of Rights and Article XIII Social Justice and Human Rights (Constitution of 1987). 87Aside from the above list, the Philippines is a signatory to the followin documents: 8 + Universal Declaration of Human Rights; Nn . International Covenant on Economic Social and Cultural Rights; : Protocol 1] (Protection of Victims of Non-International Armed C onflicts), 4, UN Convention Against Torture and Other Cruel Inhuman and Degrading Punishment; ° . UN Convention of the Rights of the Child; . UN Convention of the Non-Applicability of Statutory Limitations of Way Crimes and Crimes Against Humanity. aon Former President Aquino promoted her peace program by giving loca) autonomy to the Cordillera people (CAR), ex-President Ramos had his (ARM, Autonomous Region for Muslim Mindanao while President Estrada went with his all-out-war policy for Mindanao which accounted for the increase in HR violations During his term, the kidnapping cases against the Filipino-Chinese commurity decreased due to the active participation of the PAC - Philippine Anti-Organizeg Crime Commission. At present, President Gloria Macapagal-Arroyo is bent on continuing the release of political detainees. As early as February 20, 2001, there were 49 out of 250 detainees, released. For the Mindanao situation, the administration has promised to “reconstruct” the peace process to ensure a “final negotiated political settlement’ (PDI, Jan. 28, 2001:A15). A very meaningful move made was the appointment of (3) three cabinet members namely: Rep. Datumanong from Maguindanao as Secretary of Public Works and Highways Rep. Pontaleon Alvarez, Jr. from Davao del Norte as Secretary of Transportation and Communications and Paul Dominguer as Presidential Advisor on Regional Development. The new Vice-Presidentis also from Mindanao. The opportunity and the righ to be represented in the Executive Branch was denicd during the previous administrations. The newly sworn Vice-President talks of implementing a Mini Marshall Plat for Mindanao to revive the economy and to complete the peace process. (PDI Feb 25, 2001:A15), In the inaugural specch of President Arroyo at the EDSA Shrine. Jan. 20, 200 the core of her governments program is: 1. We must be hold in our national ambitions, so that our challenge must that within this decade, we will win the fight against poverty. 2. We must improve moral standards in government and society, in order!” provide a strong foundation for good governance. 88 . International Covenant on Civil and Political Rights including the Optiongy |SE 3. We must change the character of aur politics In order to create grounds for true reforms, 4, Finally, leadership by example, We should promote solid traits such as. work ethics and a dignified life style, matching action to rhetoric, performing rather than grandstanding, SUMMARY Human rights and social justice are closely interrelated: both are based on individual freedom and dignity, To the late senator Jose W. Diokno, human rights is the sum total of all the rights which allows the individual to live a human life, The history of human rights isas old as the Bible, The original basis of human rights may be found in the different historical eras such as the Enlightenment Era in Europe of the 18" century; the Period of Capitalism, the American Revolution, and the French Revolution, The sources of human rights documents are the Charter of the United Nations and International Bills on Human Rights composed of the Declaration of Human Rights and the two covenants plus its Optional Protocol. The rights of man and society are enumerated under the different phases of life. They are life, dignity, development, survival, self-determination and national development. There are obstacles in the promotion and practice of human rights in the Philippines like its historical experiences, structural framework, conservative cultural orientation of the NGO's as well as the individual reactions, Even if human rights have found expression in the Malolos Constitution of 1898, the Philippine Constitutions of 1935 and 1987, rights violations still prevail. The different administrations offer their own peace programs to help prevent rights violations as a stepping stone to national development. STUDY GUIDE 1. What is the relevance of the study of human rights to the individuals? To the society? 2. Trace the origin of human rights. 3. Who are the guardians of human rights? If you should become a victim of rights violation, what are you going to do? 89