Human Rights Situation in the Philippines

How would I respond when someone asks me about the human rights situation in the Philippines?

I would readily say human rights are respected and protected in the country. The fact that there is peace in most parts of the country, I can safely claim it is the consequence of the general condition of human rights widely safeguarded. Respect for human rights is embedded in the Filipino culture.

In this essay, I will outline the legal framework and institutions developed so far. Then, I will discuss peace as a consequence of the free exercise of human rights and how it is enjoyed by expatriates living in the country. Lastly, I will show how to contextualize the issue of extrajudicial killings (EJKs).

Laws and Institutions

Filipinos’ strong adherence to human rights is reflected in the 1987 Constitution. The Bill of Rights is at the fore, the third article of the law, right after the article on the Declaration of Principles and State Policies (Article 2). Even Article 2 already contains provisions upholding human rights, notably Section 11 (The State values the dignity of every human person and guarantees full respect for human rights). Moreover, the charter also has a declaration on Social Justice and Human Rights (Article 13) which contains a provision to institutionalize protection of human rights through the creation of a governmental body, the Commission on Human Rights (CHR).

Professor Gwen Grecia-De Vera, College of Law, University of the Philippines, explained it succinctly during a lecture in 2018:

“... As per protection and enforcement of rights, the provisions of the Constitution on the Judicial Department (Article VIII), Social Justice and Human Rights (Article XIII), the Commission on Human Rights (Article XIII), and the Executive Department and Police Force (Article XVI) provide for the establishment of responsible institutions and mechanisms. The role of government institutions in building a fair and just society will be crucial not only in ensuring that checks and balances are in place, but also in preserving the human rights of the people all the time.” [1]

Aside from enshrining human rights in the country’s Charter, the Philippines is a signatory to the 1948 Universal Declaration of Human Rights and to eight (8) international human rights treaties, which are as follows [2]:

1. International Covenant on Economic, Social and Cultural Rights (ICESCR)
2. International Covenant on Civil and Political Rights (ICCPR)
3. International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
4. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
6. Convention on the Rights of the Child (CRC)
7. Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW)
8. Convention on the Rights of Persons with Disabilities (CRPD)

The creation of CHR was prescribed in the 1987 Constitution (Article 12, Section 18). However, the charter provisions were insufficient for its formal establishment. The Charter tasked Congress to define its statutes. Due to so many issues, Congress was slow in doing it. To give a legal basis for its urgent need to begin operations at that time, President Corazon Aquino issued an Executive Order. Thus, CHR was formally created on May 5, 1987, through E.O. 163, series of 1987[3]. It was understood as provisional pending the definitive statutes from Congress.

In addition to CHR, as an expression of commitment in reinforcing the human rights agenda of the government, the Executive branch, through the Office of the President, established the Presidential Human Rights Committee (PHRC). It began to exist during the term of President Corazon Aquino up to the current administration. Through a series of presidential pronouncements, the office has evolved to its present form.[4]

All these laws and institutions, with the collaboration of government agencies, civil society groups, religious groups, the business sector, and the whole citizenry, made it possible for human rights to be respected, defended, and upheld. Despite the ongoing communist insurgency, Muslim separatism, the threat of terrorism from foreign and local groups, the majority of the population enjoys the freedom to exercise their human right

Peace and the Expatriates

One palpable indicator that human rights are freely lived by almost everyone is the prevailing peaceful condition in many parts of the country. Crimes are committed still, but a big percentage of the population experience peaceful existence. The general peace in the country is an evident basis for the claim of Undersecretary Severo S. Catura, Executive Director of PHRC Secretariat that human “...rights and freedom are exercised freely”[5].

There is peace in the country and because of that, there is a huge number of foreigners who have decided to live here. They are independent, objective, and unbiased witnesses to the widespread tranquility in the country. Among these expatriates, are YouTube vloggers[6], who expressed their desire to vlog about the Philippines and stay here. They are present in social media; anyone can check their channels and listen to what they say:

1. BecomingFilipino (https://www.youtube.com/c/BecomingFilipino). He is Kyle Douglas “Kulas” Jennermann, currently vlogging almost daily about his adventures in Mindanao.
2. The Hungry Syrian Wanderer (https://www.youtube.com/c/TheHungrySyrianWanderer). Basel Manadil, a Syrian-born naturalized Filipino. He vlogs positively about the Philippines and works to provide aid to victims of natural disasters.
3. Bisayang Hilaw (https://www.youtube.com/c/BisayangHilaw). He is Carson Moody, an American photographer, who first came to the Philippines in 2012. He is now so fluent in Bisaya.
4. The Ahern Family (https://www.youtube.com/c/AheezyDaIslander). The family of Brian Ahern, who is married to a Filipina, Jodalyn. They have five (5) children and are based in Bohol.
5. The Juicy Vlog (https://www.youtube.com/c/TheJuicyVlog). A British couple, George Warrington and Lucy D’Agostino, bought a condo unit in Metro Manila to serve as their base while traveling around the Philippines. They are currently having a baby.
6. FinnSnow (https://www.youtube.com/c/FinnSnowVlogs). Finn Snow is an Icelandic-American photographer.
7. Making it happen Vlog (https://www.youtube.com/c/MakingithappenVlog). The vlog of an Austrian couple, Mike Holaschke and Nelly Hrnic. They recently got engaged. They also bought a condo unit in Metro Manila to have a base in the Philippines whilst traveling the Philippines and the world.
8. Dustin Backpacks (https://www.youtube.com/c/DustinBackpacks). He is Dustin Borglin. An American traveler. He got stranded in Cebu due to the pandemic in March 2020. He got enamored by the hospitality of his Filipino host community. He vlogs some of the projects he made, a way to pay it forward, the warmth and kindness of his Filipino friends.
9. Jan and Ann (https://www.youtube.com/c/JanandAnn). They are Filipino-Canadian millennials, born and raised in Canada, who decided to come to the Philippines to pursue traveling as a lifestyle. They just came from Boracay, Siargao Islands, and Baguio City. They are planning to go back to Siargao when conditions allow.
10. Everyday TV (https://www.youtube.com/c/EverydayTV). They are two British-born vloggers, Sophie Drage and Nicky Gaines. They admit they are on a journey to be transformed from being British to Britipino (British-Filipino).

These are just a few of the expatriates who have found the option to live in the Philippines possible because of the people and culture. It is also, without saying it, due to the general peace and order condition prevailing here.

Extrajudicial Killings (EJK)

Despite the prevailing rule of law and order in the country, the image of the country in the international community has been tainted by allegations of rampant extrajudicial killings or EJKs. It is so visible in the broadcast and social media. There are so many claims that suspects who are involved in illegal drugs are summarily executed without a fair trial.

How do we reconcile the two opposing claims: on the one hand, expatriates voicing out their praises for the country and on the other hand, clamor from mostly prominent local personalities deploring the country as a killing field?

The carefully concealed explanation is this: the EJK issue is politically motivated! The political opposition with its cronies in the media and civil society, both here and abroad, have largely been successful in projecting a “face” of the government as an “executioner”.[7]

Crimes are perpetrated by all types of people. Given the continued presence of the communist insurgency, organized crime groups, and the Muslim separatists, there is big probability elements of these groups are involved in killings and other crimes. It would be grossly unfair to pin the blame on the government security forces for every violation of human rights. Investigations conducted by CHR discovered the involvement of non-state actors in murders and assassinations.[8]

To conclude, Philippine society is still far from the ideal. Violence against life and property occurs from time to time: we are not in a perfect world! But the majority of the population can safely assume they are safe from EJK, as long as they are not involved in nefarious activities.

NOTES AND REFERENCES:
1. Bill of Rights and Justice System Reform Under a Federal Transition. International Institute for Democracy and Electoral Assistance (International IDEA)
2. Philippine Page in UN Office of the High Commissioner on Human Rights website
3. Executive Order No. 163, s. 1987. Official Gazette, Republic of the Philippines
4. The presidential pronouncements that created and strengthened PHRC are as follows:

• Executive Order 8 series of 1986.
• Executive Order 163 series 1987.
• Administrative Order 101 series of 1988.
• Administrative Order 120 series of 1988.
• Administrative Order 219 series of 1991.
• Administrative Order 243 series of 1991.
• Administrative Order 15 series of 1992.
• Administrative Order 370 series of 1997.
• Administrative Order 29 series of 2002.
• Administrative Order 163 series of 2006.
• Administrative Order 197 series of 2007.
• Administrative Order 249 series of 2008.
• Administrative Order 35 series of 2012.

5. Ruth Abbey Gita-Carlos, “Human rights ‘exercised freely’ in PH: Catura”. Philippine News Agency.
6. Eight (8) Foreign vloggers living in the Philippines you should follow on YouTube. GMA News and Entertainment
7. Franco Luna, “EJKs and abuse just a narrative by critics, Palace rights panel assures cops”, The Philippine Star.
8. Alexander Lopez, “HR violations found in NPA killing of Surigao tribal leader”, Philippine News Agency.