The United Nations Committee Against Torture has recently released an “advanced unedited version” of its Concluding Observations on the consideration of the Philippines’ consolidated 2nd to 4th reports on its compliance to the Convention Against Torture in Geneva, Switzerland, on April 28-29, 2009.
Notwithstanding that the observations have yet to be made official, we are very encouraged that the Committee has noted and appreciated many positive aspects in the country’s compliance to the Convention. These are as follows:
1. Ratification or accession by the Philippines to the following international instruments:
• Convention on the Rights of Persons with Disabilities, in 2008;
• Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, in 2003;
• Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in 2003, and the Optional Protocol to the Convention on sale of children, child prostitution and child pornography, in 2002;
• Optional Protocol to the International Covenant on Civil and Political Rights, in 1989, and the Second Optional Protocol to the Covenant, in 2007;
• International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, in 1995;
• Convention on the Rights of the Child, in 1990; and
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in 2002, supplementing the United Nations Convention against Transnational Organized Crime.
2. Reforms in legislation, including policies and procedures to ensure better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, in particular:
• Adoption, in 2006, of the Juvenile Justice Welfare Act (RA 9344) as well as the creation of the Juvenile Justice Welfare Council to ensure the effective implementation of the Act;
• Enactment, in 2006, of Republic Act 9346, abolishing the death penalty;
• Adoption, in 2004, of the Anti-Violence against Women and Their Children Act (RA 9262) which defines violence against women and their children, providing for protective measures for victims and penalties for the perpetrators of the violence;
• Adoption, in 2003, of the Anti-Trafficking in Persons Act (RA 9208);
• Adoption, in 1997, of the Indigenous People’s Rights Act (RA 8371);
• Issuance, in December 2008, of Administrative Order 249 which directed concerned Executive branches of government to institute policies, programs and projects that would further enhance human rights in the Philippines; and
• Promulgation, in October 2007, by the Supreme Court of the Recourse to the Rule of Writ of Amparo and the Rule of the Writ of Habeas Data.
3. Initiation of practical policies, programs and projects, including the “Access to Justice for the Poor” Project (AJPP), the Mobile Court or “Justice on Wheels”-program of the Supreme Court and the recent directive by the National Police Commission to activate human rights desks in all police stations nationwide.
4. Prevention of torture and ill-treatment, and setting up of safeguards during detention as a policy of the Philippine National Police and the imposition of appropriate penalties and sanctions on erring PNP personnel.
5. Addressing extrajudicial killings and enforced disappearances through various efforts, including the establishment, in 2006, of the independent Commission to address media and activist killings (the Melo Commission), and various coordination and investigative task forces, including the Task Force USIG.
6. Classification of all acts of torture as criminal offences under the country’s Revised Penal Code, with its corresponding penalties under Philippine laws.
7. Continued pursuit of the peace process despite the difficult situation arising from the internal armed conflict in the Philippines and the challenges the Philippines faces with a long-lasting insurgency.
8. Implementation of measures, through the Bureau of Jail Management and Penology (BJMP), to improve conditions of detention, including the release of a total of 3,677 inmates in 2008, or 9 per cent of the prison population.
9. Enactment of relevant laws to prevent sexual violence in detention, and the establishment of 31 female dormitories to date.
10. Reduction in the number of children in detention, including the enactment of the 2006 Juvenile Justice Welfare Act (RA 9344), a variety of social welfare services provided for children in conflict with the law, and the release of 565 minors in 2008.
11. Inclusion of human rights components in the training programs and sessions for all military and law enforcement units of the Government, in close cooperation with the Commission on Human Rights.
12. Pursuit of executive actions, including related legislations, to strengthen the Witness Protection Program (WPP) and recent activities of the WPP.
13. Creation of a Board of Claims under the Department of Justice for victims of unjust imprisonment or detention and for victims of violent crimes for purposes of redress, compensation, and rehabilitation.
14. Prohibition as to the admissibility of evidence obtained through torture or duress as contained in Republic Act 7438 and the 2007 Human Security Act.
15. Adoption of various legislative and other measures for the proper treatment of children involved in armed conflict, including the 2001 Comprehensive Program on Children Involved in Armed Conflict; the creation, in 2004, of an Inter-Agency Committee on Children Involved in Armed Conflict; the activities of the National Commission on Indigenous Peoples; as well as the visit of the UN Secretary General’s Special Representative on Children and Armed Conflict in December 2008.
16. Implementation of various measures to prevent and address domestic violence, including the enactment, in 2004, of the Anti-Violence Against Women and their Children Act (RA 9262) and the establishment of a significant number of Women and Children Desks in police stations all over the country and the Women and Children Protection Centre of the PNP.
17. Pursuit of programs to prevent trafficking, including the recent convictions of traffickers; the adoption, in 2003, of the Anti-Trafficking in Persons Act (RA 9208) with the creation of the Inter-Agency Council Against Trafficking (IACAT) to coordinate and monitor its implementation; as well as the “We Are Not for Sale: Victims of Human Trafficking Speak Up Project.”
18. Pursuit of actions in support of the eventual ratification of the Optional Protocol to the Convention Against Torture (OPCAT).
We view the report as a review-in-progress as State-members’ compliance to international human rights treaty is hinged upon progressive implementation.
Nonetheless, the Philippine government assures the UN Committee Against Torture that all its pertinent and relevant concerns and recommendations will be appropriately acted upon as it has never reneged on its six-decade old commitment to the promotion and protection of human rights.
Finally, we call on all non-government organizations and civil society groups to formally present their cases of alleged torture before the Philippine government, specifically though the Presidential Human Rights Committee, so that these can be properly acted upon.
PGMA thanks barangay leaders for supporting govt’s 10-point agenda
barangay leaders for their full support in the government’s 10-point agenda, designed to uplift the lives of the Filipino people.
Speaking at the 2nd Liga Ng Mga Barangay National Convention at the SMX Convention Center, Mall of Asia Complex in Pasay City, the President took note of the vital role the local officials play in the delivery of government’s basic services to the people.
“You are front liners in the delivery of services from national government. Thus, I would like to thank you for all your help,” the President said.
The Liga ng mga Barangay, through its national federation president Ricojudge Echiverri presented their manifesto of support to President Arroyo, particularly to her administration’ s 10-point agenda.
The President also took the opportunity to ask the support of the barangay leaders in times of global economic uncertainties, saying “it is time to step up the challenge and work hard to ensure our nation’s economic future.”
“There are many challenges we need to face in order to maintain our economy,” she said.
On the part of the government, she said, “We must live within our means and run a lean and efficient government, which include the continued fiscal prudence and to work in order to balance the budget.”
At the same time, she added, “We must simultaneously invest in key programs for our people.”
Likewise, she reiterated her call for volunteerism in helping the nation to weather the impact of global financial crisis.
She said this is the time for the Filipinos to come together and focus their attention on family and community as the world is facing grave challenges.
“Volunteering time, skills and resources is a noble undertaking we should all take seriously,” she added.
RP echoes need for synergy in efforts vs human trafficking
Ambassador Hilario G. Davide, Jr., Philippine Permanent Representative to the United Nations, underscored this point in the statement he delivered during the recently concluded Interactive Thematic Dialogue of the General Assembly. Themed “Taking Collective Action to End Human Trafficking,” the interactive dialogue was sponsored by the Philippines, Belarus, Egypt, Nicaragua and Bahrain and was held in New York on 13 May 2009.
“It is a crime that shames us all. It shames us because we have not done enough to remove the shame. It must be eliminated. It must be exterminated from this civilized world,” he said as he spelled out the way forward in addressing the issue of improving coordination of anti-trafficking efforts, including through the development of a global plan of action to fight trafficking.
“The plan of action should not re-invent the wheel, that is, it should not be a document that repeats the norms, standards and approaches that are already in the Trafficking Protocol and other related instruments, the resolutions and other existing documents,” Ambassador Davide said.
The Philippines is recognized to be among the leading countries active in the fight against human trafficking. A resolution entitled “Trafficking in Women and Girls” is tabled biannually by the Philippines at the General Assembly and is traditionally adopted by consensus.
