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Despite this development, there is still no reason to celebrate. Summary killings and forced abductions are not acceptable in a society which claims to be the most democratic in Asia.
Karapatan revealed that 29 victims of torture, 116 victims of illegal detention, and 7,542 victims of illegal displacement or forced evacuation were recorded this year. Karapatan's documentation shows that from January 2001 up to Oct. 31 this year, there were a total of 887 victims of extrajudicial killings and 185 victims of enforced disappearances. There are still 235 political prisoners languishing in Philippine jails, 204 of whom were imprisoned during President Gloria Macapagal-Arroyo's term.
Karapatan attributes the lower figures to the successful campaign to bring to international attention the high number of human rights violations in the country. A strong lobby from international institutions and local peoples' organizations helped in exposing the repressive policies of the Arroyo administration.
The Philippine Supreme Court has decided to take a more pro-active role in guaranteeing respect of human rights in the country. The Arroyo regime is also under pressure as it prepares for the April 2008 Universal Periodic Review as a member of the United Nations Human Rights Council.
As expected, local police authorities insist there are fewer cases of human rights violations. They claim only five incidents were reported and validated this year compared to the 38 cases reported last year.
Could the upcoming U.N. review be the motivating force behind Philippine officials who insisted on the creation of a human rights body in the Southeast Asian region? Could this be the Philippine government's source of confidence in reprimanding Myanmar's junta for the latter's murky human rights record? Could this be the reason why a university in Spain recognized Arroyo as a human rights champion? What's next for Arroyo, a Nobel Peace Prize?
To sustain the momentum in improving the human rights situation in the country, it is necessary for the national leadership to implement bold steps like prosecuting military officials accused of masterminding the assassination of activists and journalists. The government should revise its anti-insurgency program which identifies members of legal activist groups as legitimate military targets.
The government should also release political prisoners as a gesture of peace and national reconciliation. After all, wasn't the pardon granted by Arroyo to convicted plunderer and former President Joseph Estrada to promote unity in the country?
It is also advisable to review domestic laws, programs and mandates of institutions which seek to protect human rights. For example, the Commission on Human Rights should be strengthened to fulfill its objectives.
The CHR is tasked by law to investigate all forms of human rights violations involving civil and political rights. It can exercise its visitation rights over jails, prisons and detention facilities. It can monitor the Philippine government's compliance with international treaty obligations on human rights. Unknown to many people, it can also grant immunity from prosecution to any person whose testimony or whose possession of evidence is necessary to determine the truth in any investigation it conducts.
But the CHR is unable to exercise its functions effectively. In several instances, the body was reminded by the courts that it may investigate, receive evidence and make findings of fact as regards claimed human rights violations, but it cannot adjudicate. The CHR cannot issue a restraining order or writ of injunction. It is only empowered to investigate human rights violations involving civil and political rights. Economic and social rights are not included in its mandate.
Members of Congress should discuss how the commission can be further empowered to advance human rights in the country. The CHR should be an independent body with sufficient authority to prosecute human rights violators.
Congress has other options to promote human rights in the country. Next year, Congress can review or repeal the anti-terror law. Right now, Congress should assert its oversight functions in monitoring the implementation of the draconian measure. Congress can prioritize the passage of a law against torture, enforced disappearances, and extrajudicial killings. There are international legal instruments which can guide Philippine lawmakers.
Members of Congress should read the vital provisions in the Philippine Constitution on human rights protection. In Article XIII, Sec.1 of the Constitution, it says that "Congress shall give highest priority to the enactment of measures that protect and enhance the right of all people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good." In Article XI, Sec.11, one of the principles of the state is to value the dignity of every person and guarantee full respect for human rights.
Religious politicians can refer to the Compendium of the Social Doctrine of the Church which reminds the faithful that "the movement towards the identification and proclamation of human rights is one of the most significant attempts to respond effectively to the inescapable demands of human dignity."
Human rights protection is not one of the achievements of Arroyo. On her watch civil liberties were curtailed. Unknown assassins have targeted activists and journalists. Political violence has gripped the Catholic-dominated Philippines. But the people are fighting back. There is still hope in recognizing, respecting, and protecting human rights in Philippine society.
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(Mong Palatino is a Filipino youth activist, news editor of Yehey!, a Philippine-based web portal, and a Global Voices correspondent. His Web site is www.mongpalatino.motime.com, and he can be reached at mongpalatino@gmail.com. ©Copyright Mong Palatino.)
