CLJ 212

GROUP 3 REPORT

Composition of the commission on human rights

The Commission on Human Rights shall be composed of a chairman and 4 members who
must be natural born citizens of the Philippines, and at the time of their appointment, at least 35
years of age, they must not have been candidate for any elective position in the elections immediately
preceding their appointment. However, a majority thereof shall be members of the Philippine bar.

Powers and functions of the commission on human rights

1) investigate on its own or on complaint by any party all forms of human rights violations involving
civil and political rights.

(2) adapt its operational guidelines and rules of procedure and site for contempt for violations thereof
in accordance with the rules of court.

(3) divide 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 underprivileged human rights have been violated or need protection.

(4) exercise visitor powers over jails prison or detention facilities.

(5) establish a continuing program of research education and information to enhance respect for the
primacy of human rights.

(6) recommend to the congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights or their families.
(7) monitor the Philippine government's compliance with international treaty obligations on human
rights

(8) grant immunity from prosecution to any person whose testimony or who's possession of
documents or other evidence is necessary or convenient to determine the truth in any investigation
conducted by it or under it's authority.

(9) request the assistance of any department bureau office or agency in the performance of its
functions.

(10) appoint it's officers employees in accordance with law.

(11) perform such other duties and functions as maybe provided by law.

Law Enforcement and Human Rights

Human Rights-Based Policing on the National and International Spheres

International human rights law is binding on all states and their agents, including law
enforcement officials. Human rights are a legitimate subject for international law and international
scrutiny. Law enforcement officials are obliged to know and apply international standards for human
rights.

Every law enforcement agent is enjoined that "In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order, and the general welfare in a democratic society."

Therefore, in modern democracies, the protection of human rights remains an inherent duty
of every law enforcer. This is in addition to his fundamental duty to maintain public peace and order
and ensure the general welfare of the community.

According to the PNP Guidebook on Human Rights, Human Rights-Based Policing (HRBP) is
the comprehensive, systematic, and institutional compliance with international human rights
standards and practices in the conduct of police or law enforcement functions. It is also an approach
to policing that defines the relationship between individual citizens and various groups or sectors of
society as claim holders whose rights have to be respected and protected by the police and the police
as duty holders that have obligations to respect, protect, and fulfill human rights. The HRBP also aims
to empower claim holders to claim their rights, while strengthening the capacities of duty holders to
meet their duties and obligations as human rights protectors.

Mainstreaming human rights-based approaches in police work is done by incorporating

human rights principles and practices into police doctrines, strategies, and plans. These principles and
practices are also applied to all police systems, procedures, methods, and tactics. To be truly effective,
even police equipment, supplies, and facilities are reviewed and upgraded to enable a police
organization to meet human rights standards for law enforcement.

Human rights-based policing is considered to be institutionalized when human rights

principles and practices are taught and applied at all levels, in both operational and administrative
functions of the police organization. Once human rights-based policing is institutionalized, a police
organization enhances its effectiveness and credibility in networking with other government and
nongovernment agencies to address various human rights issues and concerns.

While the historical context, sociocultural background, economic realities, and crime
situation have an impact on how a police organization plans and performs its functions-there are
internationally recognized human rights standards for law enforcement that must be met by all police
agencies including the PNP.
 As a reform initiative, human rights-based policing is a strategic approach for reorienting the
police organization from the traditional policing models or theories based purely on social control or
repression to a new paradigm anchored on genuine respect for human rights and dignity,
transparency, accountability, rule of law, and people’s active participation in democratic governance.

Characteristics of Human Rights-Based Policing

The PNP Guidebook on Human Rights-Based Policing provides for the

characteristics of human rights-based policing as follows:

Strict Observance of Police Policies and Procedures

Human rights-based policing entails strict observance of police policies and operational
procedures. Most, if not all violations of human rights, occur when police officers do not follow
established policies and procedures. Shortcuts, omissions, and blatant disregard for procedures are
unacceptable behaviors that violate our national laws, PNP rules and regulations, and generally
accepted socio- cultural norms.

When police officers follow and apply proper procedures, they uphold human rights while
doing all that is possible to ensure that the subsequent case to be filed in court against a suspect
would prosper in the higher interest of justice.

For example, when a police officer informs an arrested person about his or her Miranda
Rights, that police officer is following established procedure in making arrests, whether it is done with
or without a warrant. If the arrested person was not informed of his or her rights, it could later on be
used as a defense and a means to charge the arresting officer with a violation. By not following the
procedure, a police officer runs the risk of being charged administratively while opening an
opportunity for the arrested person to be released from detention due to a technicality.

Some policies in the PNP were also issued to uphold certain rights. For example, the ban of
the presentation of suspects before the media is intended to protect their rights to dignity and
presumption of innocence until proven guilty.

Adherence to International Human Rights Standards for Law Enforcement

Human rights-based policing is about adhering to international standards of human rights in law
enforcement.

Of course, there are differences between Philippine laws and those of other states. The
crime situation in the country is also peculiar, and some international standards may not be
immediately attainable in the Philippines. However, knowledge and recognition of international
standards pave the way for setting benchmarks for the gradual improvement of the organizational
philosophy, doctrines, physical infrastructure, systems, training and education, operational
procedures, values, and practices in the PNP.

One of the most effective ways to promote and protect human rights is by following PNP
policies and procedures.

Professional Competence and Courteous Service

Human rights-based policing is demonstrated through professional competence and courtesy.
In order to prevent human rights violations, the police must only use calibrated force to subdue
suspects. This can only be taught through realistic simulation of incidents involving both armed and
unarmed suspects, as well as compliant and resisting persons. They must understand that force is
only used when normal persuasion fails and when it is absolutely necessary to overcome a threat to
public safety.
 The police arrest and restrain persons or suspects based on the basis of “probable cause,”
while judges adjudicate and punish on the burden of “beyond a reasonable doubt,” which is a higher
legal standard. However, it is clear that the police must use commensurate degrees of force in order
to effectively enforce the law and ensure public safety.

Upholding human rights is very similar to the golden rule which says that we must treat
others in the way we want others to treat us. When we render respect and courtesy to citizens, there
is a greater tendency for them to return that respect and courtesy.

In the Philippines, citizens are generally compliant with instructions of uniformed agents of
government, such as the PNP personnel. However, that compliance must not only be based on fear
brought about by the threat or actual use of force by police officers. The ideal compliance of citizens
to their police should be based on genuine respect for the police badge and uniform as symbols of
proper legal authority.

Another important factor to consider is that majority of citizens only establish contact with
police officers after they had already been victimized by criminals or when they need urgent police
assistance. Just like the cliché, the “first impression that a citizen gets from a police officer usually
lasts whether that impression is positive or negative. Therefore, the goal of every police officer during
citizen contact is to provide a professional, fast, efficient, and courteous response to a legitimate
citizen request for police service or assistance.

Respect for Rule of Law and Civilian Supremacy

Human rights-based policing is anchored on the rule of law and recognition of civilian
supremacy. From the term “law enforcement,” it is understood that there can be no enforcement
apart from the law. Any act of enforcement (that is, the use of police powers or any manner of
application of force) apart from the law may be considered criminal or at the very least, an abuse of
authority. Respect for rule of law and civilian supremacy is best exemplified when the police practices
accountability for all its actions or as the case may be, inaction on matters related to the protection of
people’s legal rights.

Therefore, all police officers must always remember Article II, Section 1 of the 1987
Philippine Constitution, which states that “…sovereignty resides in the people and all government
authority emanates from them.”

Pro-Democracy and Pro-Citizen

Human rights-based policing is democratic and citizen-centered. Democratic values are best
demonstrated by the police when it seeks greater participation by the community in maintaining
peace and order. The police organization must always remain responsive and relevant to the needs of
the community-which is actually the PNP’s main clientele. Through dialogues and consultations with
stakeholders, the police are able to learn about the issues and concerns that must be addressed at
the community level. In most, if not all situations, full cooperation between the police and the
community is required in order to solve peace and order problems.

Basic International Human Rights Standards for the Law Enforcement

There are at least 10 basic international human rights standards for law enforcement that all
police organizations around the world must strive to attain. By adhering to international standards,
the PNP is able to comply with a uniform set of principles and practices that is expected from all
police officers by the international community:

1.Equal Protection – Everyone is entitled to equal protection of the law, without discrimination on any
grounds, and especially against violence and other threats. Be especially vigilant to protect potentially
vulnerable groups such as children, the elderly, women, refugees, displaced person. And members of
minority groups.
2. Respectful Treatment - Treat all citizens and victims of crime with – compassion and respect, with
utmost consideration for their need for safety and privacy, It must be remembered that under the law,
all arrested persons and detainees are still considered innocent and have the right to due process
Only the court can determine their guilt or innocence. Even when they are already convicted by the
court, they still have the right to be treated humanely, with full respect and dignity.

3. Use of Force - Do not use force, except when strictly necessary and to the minimum extent
required under the circumstances.

4. Policing Non-Violent Assemblies - Avoid using force when policing unlawful but non-violent
assemblies. When dispersing violent assemblies, use force only to the minimum extent necessary.

5. Use of Lethal Force – Lethal force should not be used, except when strictly unavoidable in order to
protect your life or the lives of others. Arresting Persons on Legal Grounds – Arrest persons only if
there are legal grounds to do so, and the arrest is carried out in accordance with lawful arrest
procedures.

6. Arresting Persons on Legal Grounds – Arrest persons only if there are legal grounds to do so, and
the arrest is carried out in accordance with lawful arrest procedures.

7. Detainer’s Rights - Ensure that all detainees, immediately after their arrest, have access to their
family and lawyer. They must also be given immediate medical assistance whenever necessary.

8. Humane Treatment of Detainees – All detainees must be treated humanely. Under any
circumstances, do not inflict, instigate, nor tolerate any act of torture or ill-treatment and refuse to
obey any order to do so.

9. Refusal to Obey Unjust Orders – Do not carry out, order, or cover-up extra- legal killings or enforced
disappearance and refuse to obey any order to do so.

10. Reporting Violations - Report all violations of these standards to your senior officer and to the
nearest prosecutor’s office. Do everything within your ability and authority to ensure that steps are
taken to investigate violations of these standards.

Ethical and Legal Conduct of Law Enforcers

As previously defined, human rights are inherent in the dignity of every human being. As
such, law enforcers are expected to respect and obey the law, especially in effecting procedures for
arrests and seizures. Of course, a law enforcer is also expected to maintain a high degree of
responsibility required by his or her profession. Thus, his or her duty as law enforcer is to maintain the
ethical standards of his or her profession and maintain the sanctity of human rights on every person
to whom he or she has arrested. In other words, all police actions must strictly observe the principles
of legality, necessity, nondiscrimination, proportionality, and humanity.

Police are the first line of defense for human rights. They are the guardians of the law, including
human rights law. The community depends on the police to protect the full range of rights through
the effective enforcement of the country's criminal laws.
The following are some of the most serious human rights violations requiring police vigilance. Torture
This refers to any act committed with the intent to cause severe pain or suffering, mental or physical,
for the purpose of:

(a) obtaining information or a confession; and

(b) punishing, intimidating, or coercing.
Enforced or Voluntary Disappearance (Desaparecidos)

This is the arrest, detention, abduction, or other deprivation of liberty by the government or
its agents, or with their complicity, tolerance, or acquiescence, where the fate or whereabouts of the
victim is not disclosed or custody is not confirmed.

Effect of Violation of Human Rights by a Law Enforcement Agent

Surely, a law enforcer will become a law breaker. If the law enforcer transgresses human
rights, he or she also curtailed the human dignity of a person. Consequently, public confidence is
eroded, and support by the public is diminished. If a human rights violation becomes sensationalized,
it may even result in a civil unrest, like in the case of George Floyd of the United States of America
where his case drew national and international criticisms and political pressure.
With the eroded trust, prosecutions in court may be hampered and doubts may be raised on
the integrity of the evidence submitted by law enforcement officials Since people have no trust in the
law enforcement agents, they have the tendency to isolate the police from the community and may
not even cooperate with the successful enforcement of criminal laws in a locality.
Thus, we should not remove the word “law” from law enforcement. Law enforcers should be
proactive and not reactive.

Effect of Upholding and Protecting Human Rights

Community cooperation and public confidence is achieved. The police can even help in the
peaceful resolution of conflicts and complaints without necessarily resorting into court action. Even if
the conflict reaches in court, there will be a tendency of a successful prosecution of the case.
The functions of law enforcers, particularly police officers, serve as a valuable social function.
It is a part of the criminal justice system. Respect for the law means respect for the community In
which he or she belongs. The community can offer a substantial contribution in solving crimes. Thus,
law enforcement agencies work hand in hand with the community.
Of course, this only brings honor to their agency and media support, whether local or
international.

Nondiscrimination in Law

Enforcement All persons are born free and equal in dignity and in rights. In protecting and
serving the community, police shall not unlawfully discriminate on the basis of race, gender, religion,
language, color, political opinion, national or ethnic origin, property, birth, or other status. As for
police applicants, recruitment, hiring, assignment, and promotions policies of police agencies shall be
free from any form of discrimination.
However, special measures that address special needs may be formulated for women,
children and juveniles, persons with disabilities (PWDs), the sick, senior citizens or the elderly, and
other groups requiring special treatment in accordance with international human rights standards.

Police Investigations

The purpose of criminal investigation is primarily for detection of crime. Moreover, the
investigators can also utilize the investigation process in the identification and discovery of possible
witnesses. At the scene of the crime, part of the investigation process is to secure the evidence by
scientific recovery and preservation. This is not merely confined to the identification of the
perpetrator of the crime.
Thus, in the conduct of an investigation, the human right to security is the focal issue. If a
person is detected as the would-be perpetrator, the arrested person is still presumed innocent until
proven guilty by our courts of justice. Thus, if the arrested person is subjected to interrogation, he or
she must be free from torture. If convicted by the courts, his or her human right that he or she be
spared from cruel, inhuman, and degrading punishment must be strictly observed.
 During court proceedings, both parties-the witnesses, private complainant. And the accused
are all entitled to the right to fair trial. Human rights also recognize prohibition against involuntary
confession or the right against self-incrimination or to testify against oneself.
In some cases, particularly sexual abuse cases against minors, they enjoy the human right for
not only confidentiality of information but also the withholding of their identities in the court records.
The same holds true with respect to children in conflict with the law under Republic Act No. 9344

Salient Rules on Investigation in Consonance with Human Rights

All investigations, including interviewing of witnesses, victims, and suspects: personal

searches; searches of vehicles and premises and interception of communications:

1.Shall not be unlawful, arbitrary, unduly intrusive, or biased;

2 Shall be competent, thorough, prompt, impartial, and lawful;
2.Shall include careful processing of crime scenes; and
4 Shall seek to collect and preserve evidence.

All police activities relating to the collection of evidence and criminal investigations shall be
conducted only according to law, with due cause, and with respect for human rights and fundamental
freedoms, and shall be neither arbitrary nor unduly intrusive.

Arrest

Arrest becomes illegal if it is done in an arbitrary manner. Thus, illegal arrest or detention is
deprivation of liberty, without any legal reason or process, by an act of government or with its
complicity, tolerance, or acquiescence.

Human Rights of an Arrested Person

1. Prohibition of arbitrary arrest

2. Right to be informed of reasons at the time of arrest
3. Right to be promptly informed of the charges
4. Right to be brought promptly to proper authorities for disposition
5. Right to access to a lawyer
6. Right to interpreter, when necessary
7. Right to bail
8. Right to notify family of his or her whereabouts

Arbitrary Arrest and Detention

Deprivation of liberty without lawful reason or due process by an act of the government or
its agents, or with their complicity, tolerance, or acquiescence.

Arbitrary, Defined
A police officer may be violating human rights if he or she abuses his or her authority by
arresting a human being not based on legal grounds and not respecting legal procedures, the arrest is
not reasonable/ inappropriate in a given circumstance, is not proportionate to the legal objectives,
and if his or her actions are not predictable.

Detainees and Prisoners

First, we need to distinguish detainees and prisoners. A detainee is a person deprived of
liberty by means other than conviction. He or She may be a detainee not only because of a lawful
cause but also for some medical causes. On the other hand, a prisoner is a person deprived of liberty
as a result of a conviction of an offense.
 Detainees enjoy the presumption of innocence. Thus, they should be treated humanely
consistent with the dignity of a human person. Like arrested persons, they must also be freed from
torture, cruel, or degrading treatments inside a detention facility. Violence and threats are not
allowed. Detainees likewise enjoy the right to practice their religion as well as their moral beliefs.
Women and juveniles must be segregated from ordinary detainees or prisoners alike. Jail
management should impose measures of discipline that are reasonable and consistent with law and
regulations.
Women and juveniles must be segregated from ordinary detainees or prisoners alike. Jail
management should impose measures of discipline that are reasonable and consistent with law and
regulations.
Facilities for detention must be humane and compliant with basic health standards (i.e .,
adequate food, water, and clothing) and are not congested for hygiene reasons. Jail officials must also
provide medical services, opportunities for recreation, and earning.
Jail visitations and proper communications should not be deprived to a detainee or prisoner.

Use of Force and Firearms

Use of Force
A law enforcer must bear in mind that it is a primary responsibility to enforce the law and
maintain order – that the law enforcer must exercise the powers lawfully and effectively.
The use of force may tend to violate human rights when respect for the inherent dignity of
human person is infringed, and the human person’s right to life, liberty, or security is infringed.
Therefore, the use of force is strictly regulated by law, controlled, and supervised by superiors and is
subject to clear police guidelines and procedures.
In the use of force, the law enforcer must bear in mind necessity, proportionality, legality,
and accountability. As an initial approach, attempt for nonviolence must be resorted. The use of force
comes into play only when it is necessary and called for under the circumstances. It bears stressing
that use of force is strictly for lawful objectives.
As much as possible, damage or injury must be minimized.

Use of Firearms

Firearms must be used exclusive under extreme circumstances. In other words, use for
firearms may be permitted when less extreme measures are not enough. It must be used only in self-
defense or defense for the lives of others against imminent threat of either physical injury or death.
Firearms may also be used to prevent a serious crime that involves threat to life. Firearms
may also be utilized to arrest or prevent the escape posing a threat and someone who is resisting
efforts to stop the threat.
The intentional lethal use of force and firearms shall be permitted only when strictly
unavoidable in order to protect human life.
Before the use of firearms, the law enforcer must identify himself or herself as a police
official. He or She must give a clear warning and provide the person warned enough time to be obey
unless the delay would cause death or injury to the police officer or it is useless or inappropriate
under the given circumstance.
In the event that the law enforcer fired a shot, it is incumbent upon the law enforcer to
render initial medical aid to all injured persons, and call for emergency medical assistance. Have time
to notify all relatives and friends of the person shot, and allow investigation if required or requested.
Lastly, in the use of firearms, a law enforcer must prepare a full and detailed report of the
incident.

Juveniles (Children in Conflict with the Law or Children at Risk)

Detention is considered the last resort for children in conflict with the law. Family and
community resources must be mobilized to support, reform, and avoid institutional treatment.
Government sectors on children are given latitude to promote the best interests of the child. As much
as possible, judicial processes are avoided. There is a need for trained law enforcers handling cases
involving children, especially for the use of noncustodial measures that are fair and proportionate.
 Under our existing laws, there is a variety of dispositions that are available to children, and
these are intervention and diversion programs. In intervention, the law allows the family and other
support groups to deal with the children in less serious cases. On the other hand, diversion is being
resorted to for the purpose of avoiding children in the criminal justice system and redirecting children
to community support systems.
In either intervention or diversion, care, guidance, and supervision orders are undertaken by
the parents. Foster care may also be resorted to through counseling, education, vocational training
programs and community service activities. As long as the best interests of the child is the main
objective, other programs and measures may be resorted to.
It is also essential to identify children-at-risk. They are the abused children from broken
families, children living in abject poverty, street children whether homeless or working on the streets,
and refugees.

Women
Issues on women may involve the following: treatment of female offenders, female victims,
and female law enforcers. The usual human rights standards for females is the protection from all
forms of violence including sexual abuse and special protection afforded for pregnant women and
mothers.
For women offenders, a female law enforcement counterpart must be present at contact.
For detention purposes, they are segregated from the male detainees. For searches and seizures, only
a female seizing officer must conduct or supervise the search of female offenders. For pregnant and
lactating women offenders, special facilities must be provided for them.
For women victims, human rights standards include equality in treatment under the law and
protection from violence and other gender-related crimes. Police officials should consider complaints
affecting women as a serious matter by, among others, responding promptly especially to crimes of
violence against their person; informing the woman victim of available medical, social, material, and
psychological Support; transportation to a safe place in case of threats or stalking; enhancing skills th
proper aid and protection of female victims of gender-based crime; and close coordination with
proper medical professionals and social agencies, such as the Philippine Department of Social Welfare
and Development.
Under the United Nations Declaration on the Elimination of Violence Against Women,
violence against women means any act of gender-based violence that results in (or is likely to result in)
physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion,
and arbitrary deprivation of liberty.
There are two types of violence that women victims suffer: they are family related violence
and community-related violence. Family-related violence includes battery, sexual abuse of female
children in the household, dowry-based violence marital rape, female genital mutilation, non-spousal
violence, and violence related to exploitation. On the other hand, community-related violence
includes rape. Sexual abuse, sexual harassment and intimidation at work, educational institutions and
other similar places, trafficking in women, and forced prostitution.
Female law enforcers are likewise entitled to human rights standards. Among those are
nondiscrimination and protection from sexual harassment. Law enforcement agencies are required to
open dialogues and channels of communications for complaints or recommendations of female
officers on gender bias; discourage gender-insensitive conversations and jokes; and review the
recruitment, hiring, training, and promotions policies to remove any gender bias.

Refugees and Nonnationals

A refugee is defined as a person who, owing to a well-founded fear of persecution on the

grounds of race, religion, nationality, and membership in a particular social group, or political opinion,
is unable or unwilling to return to his or her country of origin (or if stateless, to his or her country of
habitual residence).

International Standards for Refugees

a. Everyone has the right to seek and to enjoy, in another country, asylum from persecution.
 b. Refugees are entitled to all basic human rights, with the exception of certain political
rights, but if they are unlawfully within the territory, certain limitations on movement may be applied
in the interest of public order and health.
c. Refugees shall be granted treatment which is at least as favorable as that granted to
nationals in the exercise of basic rights, such as freedom of association, freedom of religion, access to
elementary education, public relief, access to courts, property rights, and housing.
d. No one shall be returned to a country in which his or her life or freedom would be
threatened or where he or she would be persecuted or to a third country likely to return the refugee
to such a country.
e. Refugees unlawfully within the territory of a state, who have come directly from a country
of persecution and who present themselves without delay to the authorities, shall not be penalized.
f. Refugees coming directly from a country of persecution shall not be refused at least
temporary entry.
g. Refugees lawfully in the territory of a State have the right to freedom of movement and
residence.
h. Refugees lawfully within the territory shall be granted travel documents and identity
papers.
i. Persons seeking asylum shall be informed of the necessary procedures, provided with the
necessary facilities to do so, and allowed to remain pending a final decision.
j. No refugee shall be expelled, except on grounds of national security or public order and
only on the basis of a decision reached in accordance with due process of law.
k. Before expulsion, a refugee shall be given an opportunity to offer evidence, to be
represented, and to appeal to a higher authority.

International Standards for Nonnationals:

a. Nonnationals include foreigners and stateless persons.

b. Nonnationals are lawfully within the territory if they have entered in accordance with the
legal system or if they possess a valid residence permit.

c. Nonnationals lawfully within the territory are entitled to all human rights, except certain
political rights.

d. Nonnationals have the same right to leave and to emigrate as nationals.

e. Nonnationals lawfully within the territory who have close attachments to the state and view
it as their own, (who have created a home, who were born in the state, or who have resided
in the state for a long time), shall not be expelled.

f. Other nonnationals lawfully within the territory may be expelled only if decided by law, if the
decision is not arbitrary or discriminatory, and if procedural guarantees have been afforded.

g. Procedural guarantees for expulsion include the right to be heard, the right to review by a
competent authority, the right to representation, the right to appeal to a higher authority, the right to
enjoyment of full facilities to pursue a remedy, the right to remain pending an appeal, and the right to
be informed of available remedies.

h. Exceptions for some procedural guarantees may be allowed but only for compelling reasons of
national security, such as political or military threats to the whole nation.

i. Collective or mass expulsions are prohibited.

j. The spouse and minor dependent children of a nonnational lawfully in the territory must be
admitted to join the nonnational.

k. All nonnationals must be free to communicate with their consulate or diplomatic mission.
Guidelines for Law Enforcers:

a. Be alert to any evidence of xenophobic or racist activity in your duty area.

b. Cooperate closely with immigration authorities and social agencies assisting refugees and
nonnationals.

c. In areas with high immigrant concentrations, reassure residents of their right to seek police
protection and assistance without fear of being deported.

d. Remind colleagues that unlawfully present nonnationals are not criminals or criminal suspects
solely by virtue of their immigration status.

e. Provide visible security for refugee shelters and camps.

f. Issue clear orders on the special vulnerability and protective needs of refugees and nonnationals.

h. Develop cooperative schemes with community representatives to combat racist and xenophobic
violence and intimidation.

i. Organize foot patrols for areas of high refugee concentration and consider establishing police
substations in such areas.

j. Establish special units with the necessary legal training, linguistic skills, and social skills to work with
terms of reference focusing on protection rather than on enforcement of immigration laws.

k. Police agencies charged with border control and immigration law enforcement should provide
specialized training in the rights of refugees and nonnationals and in procedural guarantees afforded
to such groups.

l. Liaise closely with social agencies providing support services to refugees and nonnationals in need.

Victims

There are two types of victims that may be useful in the context of human rights. One is
victims of crime and the other is victims of human rights violations. Victims of crime are persons who,
individually or collectively, have suffered harm, including physical or mental injury, emotional
suffering, economic loss, or substantial impairment of their fundamental rights through acts or
omissions that are in violation of criminal laws operative within the state, including laws proscribing
criminal abuse of power. On the other hand, victims of human rights violations are persons who,
individually or collectively, have suffered harm, including physical or mental injury, emotional
suffering, economic loss, or substantial impairment of their fundamental rights through acts or
omissions that are in violation of internationally recognized human rights norms.
There are three contact situations on a victim: they are direct contact with the victim,
monitoring police handling of victims and advising to local police in handling victims. Law enforcers
must be sensitive to the needs of victim and must treat said needs with confidentiality, especially for
sensitive crimes, and ensure the safety of the victim at all times.

Human Rights of Victims

All victims of crime, abuse of power, or human rights violations shall be treated with
compassion and respect and shall have access to mechanisms of justice and prompt redress.
Redress procedures shall be expeditious, fair, inexpensive, and accessible. Victims shall be
informed of their rights in seeking redress and protection and their role in formal proceedings, the
scope, timing, and progress of proceedings, and the disposition of their cases.
 Victims must be allowed to present their views and feelings on all matters where their
personal interests are affected. Thus, they shall receive all necessary legal, material, medical,
psychological, and social assistance and shall be informed of its availability.
Inconvenience to victims shall be minimized in the handling of their cases. Their privacy and
safety must be ensured. Delay in the handling of victims’ cases shall be avoided and the victim must
be indemnified of any damage. The government may make restitution for any faults caused by their
public officials and employees. Financial compensation should be made available from the offender or
if not available, from the state.

Police Command and Management

Law enforcement officials shall at all times fulfill the duty imposed on them by law, by
serving the community and by protecting all persons against illegal acts, consistent with the high
degree of responsibility required by their profession. They shall not commit any act of corruption and
rigorously oppose and combat all such acts.
Every law enforcement agency shall be representative of and responsive and accountable to
the community as a whole. The recruitment, hiring, assignment, and promotions policies of police
agencies shall be free from any form of unlawful discrimination.
Law enforcers must maintain clear, complete, and accurate records on investigations, arrests,
detention, the use of force and firearms, victim assistance, and all aspects of police activity. As such,
training and clear guidelines shall be made available on all aspects of police activity affecting human
rights to serve as guide in the performance of their duties.
Police agencies must provide adequate training for the differentiated use of force and adopt
proper methodologies, such as but not limited to reporting and review by superior officials on any use
of force or firearms by the law enforcement agent.
Superior officials shall be held responsible for the actions of police under their command if
the superior knew or should have known of abuses but failed to act. On the other hand, officials who
refuse unlawful superior orders shall be given immunity. The police are not precluded from adopting
and developing strategies that are effective, lawful, and respectful of human rights.

Community Policing
The community as an essential pillar of the criminal justice system also plays an important
role in law enforcement. The policies on human rights recognize this role. Thus, there is a need to
establish a partnership between the police and the community not only in crime prevention but also
in crime detection.
The law enforcement, together with the community, must adopt a community relations
policy and plan of action. All sectors must be involved and the police must learn the diversity cultures
of each community.
Public information and public dissemination through community outreach programs is
recognized as a mode of reaching out to the community. In some countries, law enforcement
agencies assign officers to a neighborhood beat. The community must be actively involved in
identifying problems and concerns through the use of creative problem-solving approach to the
development of responses, including the adoption of nontraditional tactics and strategies. The
community is also expected to coordinate its policies, strategies, and activities with other government
and nongovernment organizations and agencies.

Police Violations

It is a basic principle that law enforcement officials shall respect and protect human dignity
and shall maintain and uphold the human rights of all persons. Law enforcement agencies shall be
accountable to the community as a whole. Effective mechanisms shall be established to ensure
internal discipline and external control as well as the effective supervision of law enforcement
officials. Superior officers shall be held responsible for abuses if they knew or should have known of
their occurrence and did not act. But law enforcers must receive immunity from prosecution or
discipline for refusing unlawful superior orders. Obedience to superior orders shall not be a defense
for violations committed by police.
 Law enforcement officials who have the reason to believe that a violation has occurred or is
about to occur shall report the matter. On the other hand, provision shall be made for the receipt and
processing of complaints against law enforcement officials by members of the public, and the
existence of these provisions shall publicize. Investigations into violations shall be prompt, competent,
thorough, and impartial.
Investigations shall seek to identify victims; to recover and preserve evidence; to discover
witnesses; to discover cause, manner, location, and time of the violation; and to identify and
apprehend perpetrators. Crime scenes shall be carefully processed.

Summary

Human rights are one of the most pressing issues faced by the Philippine National Police
today. Alleged human rights violations by erring police personnel had made discussions about human
rights a source of discomfort within the police circles. Some even dismissed human rights as a
propaganda tool used by enemies of the state to denounce the police and the military. Little did they
know that policing gives life to human rights, meaning that the police make decisions that either
affirm or deny the human rights of individuals.
The truth is, police officers perceive human rights as an obstacle to, rather than as the
foundation of, their work. Thus, at this early stage, human rights training must be offered during
tertiary education to instill in the students’ minds that human rights are and should always be at the
back of their minds whenever engaged in active law enforcement. It is a good thing that the
Commission on Higher Education included the study of Human Rights Education as part of the
curriculum of the Bachelor of Science in Criminology program under the CHED Memorandum Order
No. 05 s. 2018.
For many, police are the most visible state representatives and those with whom citizens are
most likely to come into contact. They therefore represent the government in action. The police may,
thus, influence the citizens’ overall opinions on and perspectives of government as a whole, with their
actions strengthening or weakening the public support necessary to sustain a viable democracy.
Thus, “all PNP personnel shall respect the human rights and dignity of the suspect(s) during
police operations.” This is one of the two functions of a police officer as enunciated by the PNP
Operations Manual. ³
If understood in the proper context, the promotion and protection of human rights are at the
very core of policing. The enforcement of laws and the maintenance of peace and order are, first and
foremost, about protecting the rights of citizens. For example, police patrol the streets to deter
criminals from committing robbery or theft. These crimes violate another person’s right to property
ownership. Or whenever a police checkpoint is set up, it is essentially about promoting the
community's right to have a safer place to work or live in-and not just about establishing a security
cordon.
From a strictly legal standpoint, human rights violations can only occur because of state
actions or omissions toward individuals. One person’s actions
3 Revised PNP Operational Procedures, December 2013, against another, for example, an act
of murder, violates the law and not human rights. But if a state by its act or omission resulted to the
murder of a person, it has much different human rights consequences than the same murder
committed by a private person.
At its best, policing is a noble undertaking, protecting, defending, reassuring, calming, and
restoring the social order as well as the dignity of individuals-victims, offenders, and the community-
at-large. At its worst, policing eschews democratic principles, rather favoring brute and indiscriminate
force, ultimately trampling human rights.
The state’s obligation to protect, respect, and fulfill human rights is constitutionally
entrenched. In furtherance of its obligation to fulfill, the Congress is duty bound to give highest
priority to the enactment of measures that protect and enhance the right of all the people to human
dignity, among others.”
At present, there are eight articles in the United Nations Code of Conduct for Law
Enforcement Officials, to wit: 1) always perform duties under the law; 2) respect and safeguard
human rights; 3) use of force only when strictly necessary; 4) respect confidentiality; 5) never inflict
any act of torture or ill-treatment; 6) safeguard the health of all those in custody; 7) never commit
any act of corruption; and 8) respect the law and this code.
 In the Philippine National Police, they adopted the following doctrines, policies, and
issuances concerning human rights: First, the PNP Ethical Doctrine states that “all members of the
Philippine National Police shall serve with utmost responsibility, integrity, morality, loyalty, and
efficiency with due respect to human rights and dignity as hallmarks of a democratic society.” Also,
PNP Code of Professional Conduct and Ethical Standards expressly cites respect for human rights as a
high standard that must be maintained during the performance of police duties. Letter of Instructions
No. 55/07 also states that “members of the Philippine National Police shall embrace the highest
principles of the Universal Declaration of Human Rights.” It also emphasizes that respect for human
rights and dignity shall apply to everyone including all members of the police service, regardless of
education, gender, religion, political beliefs, and all other types of status.

As the saying goes, “A right is not what someone gives you; it’s what no one can take from
you.”