CRUZ, CHARLENE ANNE J.

2021-164450
2F

The State of Philippine Human Rights

Human rights are those rights which are inherent in nature and without
which we cannot live as human beings. Human rights are the supreme, inherent
and inalienable rights to life, dignity and to self-development. It is the essence
of these rights that makes man/woman human. 1 Human Rights no cause is
more worthy than the cause of human rights. Human rights are more than legal
concepts they are the essence of man/ woman. They are what make man/
woman human. That is why they are called human rights: deny them and you
deny man’s/ woman’s humanity. 2

International human rights law lays down obligations which States are
bound to respect. By becoming parties to international treaties, States assume
obligations and duties under international law to respect, to protect and to
fulfill human rights. Governments undertake to put into place domestic
measures and legislation compatible with their treaty obligations and duties.
Where domestic legal proceedings fail to address human rights abuses,
mechanisms and procedures for individual and group complaints are available
at the regional and international levels to help ensure that international human
rights standards are indeed respected, implemented, and enforced at the local
level.

The role of the Commission on Human Rights is to protect and promote

human rights. It collaborates with governments to strengthen their human
rights capabilities, encourages states to develop policies and institutions that
are conducive to human rights, and provides advice and technical assistance to
achieve these goals. The human rights situation in the Philippines became an
issue in recent years with reports of rising number of victims of extra-judicial
1. Phil. Commission on Human Rights 1
2. Sen. Jose W. Diokno
3. https://www.state.gov/reports/2021-country-reports-on-human-rights-
practices/philippines/
4. https://www.amnesty.org/en/location/asia-and-the-pacific/south-east-asia-and-the-
pacific/philippines/report-philippines/
5. http://www.worldcitizens.org.tw/awc2010/eng/F/1938.pdf
killings, prompting the United Nations to take action. The Special Rapporteur
on extrajudicial, summary or arbitrary executions. The Philippine human
rights situation is not however limited to the issue of extrajudicial killings and
disappearances. The country faces problems related to its political, economic,
social and cultural conditions that breed many more human rights problems.
The Rights of Filipinos can be found in Article III of the 1987 Philippine
Constitution, called the Bill of Rights, which declare a Filipino citizen’s rights
and privileges that the Constitution has to protect.

The Human Rights Violation cases is one of the major reasons why the
economic growth is slowing down. This aims to reveal the truth and effects
behind these recent Human Rights Violation Cases an allegation. If done
properly, this could also create an impact on the country. During former
President Rodrigo Duterte’s administration, number of extra judicial killings
kept varying. Duterte’s “war on drugs” has been controversial from the very
beginning, since it allegedly involved the extrajudicial killing of suspected drug
peddlers and users. The anti-drug operation (Oplan Tokhang) has already
killed 7,000 persons, but some human rights groups think that the number of
drug-related killings could reach 12,000 if we are going to include the
unreported cases. Police officials have consistently claimed that rival drug
gangs are behind the extrajudicial killings. They also insisted that state forces
are only forced to retaliate because suspects have been violently resisting
arrests. Aside from making Tokhang the top priority of his government, Duterte
is accused of abetting impunity by vowing to protect cops who kill drug
suspects.

Duterte’s SONA speech worried many because it was believed that it

could lead to more drug-related deaths instead of addressing the demand of
human rights groups and the international community to rethink the methods
of Tokhang. And as if on cue, police intensified Tokhang operations and
produced arecord number of killings in a matter of days. A Tokhang operation
on a single night killed 32 drug suspects in Bulacan province and 26 in the
capital Manila. Duterte praised this operation. “Thirty-two were killed in a
massive raid in Bulacan. That is good. If we could kill 32 every day, then maybe
1. Phil. Commission on Human Rights 2
2. Sen. Jose W. Diokno
3. https://www.state.gov/reports/2021-country-reports-on-human-rights-
practices/philippines/
4. https://www.amnesty.org/en/location/asia-and-the-pacific/south-east-asia-and-the-
pacific/philippines/report-philippines/
5. http://www.worldcitizens.org.tw/awc2010/eng/F/1938.pdf
we could reduce what ails this country,” he said in a media interview. But the
media also reported that a 17-year-old student was killed by the police during
a Tokhang-related arrest in Caloocan, a northern suburb of Manila. Later, CCTV
footage of the crime scene showed a boy being dragged by the police which
convinced many that the Tokhang operation killed another innocent person.
The police were loudly condemned for this atrocity. Duterte, too, was blamed
for inciting police abuse. The media reminded the public that this is not the first
time that a minor was killed in a Tokhang operation. In fact, 54 children have
been killed already since2016.The Senate conducted a probe of the incident;
the powerful Catholic Church issued a strong statement against drug-related
killings; the opposition pinned the blame on Duterte’s aggressive brand of
leadership; and a funeral protest was held to dramatize the clamor for justice
amid the spate of extrajudicial killings.

According to the CHR, however, members of the security forces and

police were accused of routinely abusing and sometimes torturing suspects and
detainees. Common forms of abuse during arrest and interrogation reportedly
included electric shock, cigarette burns, and suffocation. NGOs and media
reported local governments and law enforcement authorities used physical and
psychological abuse, including shaming, as punishment for community
quarantine curfew violators. Under the torture statutes, the public parading or
shaming of a person is illegal when used to undermine a person’s dignity and
morale. Reports of rape and sexual abuse of women in police or protective
custody continued. On April 5, authorities accused 11 Cebu City police officers
of robbery, extortion, and the rape of two women detained separately at the
Cebu City police station for alleged possession of firearms and illegal drugs. One
woman claimed that the officers searched her house without a warrant, took
her belongings and, after not finding any firearms, arrested her, and brought
her into a secret room, instead of a detention cell. Human rights groups
continued to express concern about the contribution of corruption to abuses
committed by the PNP and other security forces and noted little progress in
implementing and enforcing reforms aimed at improving investigations and
prosecutions of suspected human rights violations. 3

1. Phil. Commission on Human Rights 3

2. Sen. Jose W. Diokno
3. https://www.state.gov/reports/2021-country-reports-on-human-rights-
practices/philippines/
4. https://www.amnesty.org/en/location/asia-and-the-pacific/south-east-asia-and-the-
pacific/philippines/report-philippines/
5. http://www.worldcitizens.org.tw/awc2010/eng/F/1938.pdf
 The linking of organizations and individuals to communist groups by the
authorities, known as “red-tagging”, led to killings and harassment of human
rights defenders, political activists and others. On 7 March, security forces
killed nine people and arrested six others in simultaneous raids against “red-
tagged” groups in Southern Tagalog. Environmental activists and urban poor
community leaders were among those arrested and killed. Allegations by the
security forces that firearms and explosives were seized during the raids, and
that those killed were resisting arrest, were denied by the groups involved.4 In
a speech given two days before the raids, President Duterte said that he had
ordered the police and military to “kill” communist rebels. Journalist Maria
Ressa was awarded the Nobel Peace Prize, jointly with Russian journalist Dmitry
Muratov, in recognition of her fight for press freedom in the Philippines. In June
and August, two charges of cyber libel against her were dismissed, but she
continued to face other charges for which she could face up to 60 years in prison
if found guilty. Authorities “red-tagged” individuals and groups involved in
running “community pantries” that provided food to those in need because of
unemployment during the pandemic. 4

The present government may say they have fulfilled their obligations in
ensuring that every citizen gets to enjoy basic human rights but I think
otherwise. If their only claim is that they have reduced incidence of extra
judicial killings, enforced disappearances and torture then they are completely
blind or are intentionally trying to shut their eyes to the whole reality. The
government is the commander in chief, and we are soldiers ready to fight. If the
government never makes the move, if it doesn’t create battle strategies, then
we will definitely loose the war against human rights violations.

Laws should also protect people from social media crimes arising today.
It is not enough that we have laws. The duty of the state is to protect its citizens
and accord every right that a person should enjoy. Our laws in the country
should first be enjoyed by people so that it will avoid conflict in international
law when an act is being a violation under the Universal Declaration of Human
Rights.

1. Phil. Commission on Human Rights 4

2. Sen. Jose W. Diokno
3. https://www.state.gov/reports/2021-country-reports-on-human-rights-
practices/philippines/
4. https://www.amnesty.org/en/location/asia-and-the-pacific/south-east-asia-and-the-
pacific/philippines/report-philippines/
5. http://www.worldcitizens.org.tw/awc2010/eng/F/1938.pdf
 “To protect human rights is to ensure that people receive some degree of
decent humane treatment. To violate the most basic human rights, on other
hand; is to deny individuals their fundamental moral entit1ements. It is in a
sense, to treat them as if they are less than human and undeserving of respect
and dignity. Examples are acts typically deemed “crimes against humanity,”
including genocide, torture, slavery, rape, enforced sterilization or medical
experimentation, and deliberate starvation. Because these policies are
sometimes implemented by governments, limiting the unrestrained power of
the state is an important part of international law. Underlying laws that prohibit
the various “crimes against humanity” is the principle of nondiscrimination and
the notion that certain basic rights apply universally. “6

Human rights are extremely important for the overall development of a

country and individuals on a personal level. If we take a look at the basic human
rights, we see how there are right to life, the right to practice any religion,
freedom of movement, freedom from movement and more. Each right plays a
major role in the well-being of any human. Right to life protects the lives of
human beings. It ensures no one can kill you and thus safeguards your peace of
mind. Subsequently, the freedom of thought and religion allows citizens to
follow any religion they wish to. Moreover, it also means anyone can think
freely. Also, as responsible citizens, we should pay attention to everything that
is happening around us and continuously uphold the Constitution and our
democracy because after all, it belongs to us, it is for us, it was created by us, so
it must be sustained by us and must be kept going by us. In line with these, we
should exercise our rights, actively participate in government activities, and
hold our elected officials accountable.

We need more democracy and not less of it, and we must uphold human
rights for there is no battle more important today. Democracy and human rights
are important enablers of human development that will create conditions for
people to reach their full potential. As long as persons in any part of the world
remain deprived of their fundamental rights and freedom, we are all
diminished. If we are unable to ensure the respect, protection, and fulfillment
of human rights and fundamental freedoms of all—especially the poorest and
1. Phil. Commission on Human Rights 5
2. Sen. Jose W. Diokno
3. https://www.state.gov/reports/2021-country-reports-on-human-rights-
practices/philippines/
4. https://www.amnesty.org/en/location/asia-and-the-pacific/south-east-asia-and-the-
pacific/philippines/report-philippines/
5. http://www.worldcitizens.org.tw/awc2010/eng/F/1938.pdf
the most marginalized—then the universal human rights project will mean
nothing.

1. Phil. Commission on Human Rights 6

2. Sen. Jose W. Diokno
3. https://www.state.gov/reports/2021-country-reports-on-human-rights-
practices/philippines/
4. https://www.amnesty.org/en/location/asia-and-the-pacific/south-east-asia-and-the-
pacific/philippines/report-philippines/
5. http://www.worldcitizens.org.tw/awc2010/eng/F/1938.pdf