Tag Archive: Fundamental rights


by Renato G. Mabunga

(This article has been presented by the author to the delegates of the 6th Asian Human Rights Defenders Forum (6th AHRDF) held in Quezon City, Philippines on 3-5 December 2014)

 

Though use inter-changeably and oftentimes carries the same meaning, intent and even connotation, there is a THIN LINE DISTINCTION between Security of Human Rights Defenders (HRDs) and the Protection of Human Rights Workers.

Coming from an Organization Development (OD) perspective: Security of HRD speaks more of the assessment of the Slide2internal realities of individual defenders and their organizations vis-à-vis their actual experience and perceptions in the conduct of doing human rights work. It is an evaluation of perceived risks and threats that directly impacts on one’s personal commitment (to the cause of human rights), involvement (to organizations), and sustainability of seeing through some changes in the external situation. It also defines the degree of threshold for organization indicating critical shift or change in the conduct of operation – from a normal, acceptable level of usual activities to conscious weighing of the impact and dangers of particular action to the lives of the implementers and/or the target communities.

Protection of HRDs, on the other hand, is a response or measures derived from the assessment of risks and threats. This could either be personal or at the individual level, or organizational. And, may take the form of internal policies of the organization or personal disciplinary measures and precautions of individual HRDs. All of which are aimed at lessening risks and threats. Continue reading

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6th Asian Regional Human Rights Defenders Forum

 Manila Declaration

(Adopted in Manila, the Philippines, on 5 December 2014)

 

Participants of the 6th Asian Human Rights Defenders Forum in the Philippines, 3-5 December 2014

Participants of the 6th Asian Human Rights Defenders Forum in the Philippines, 3-5 December 2014

 

We, more than 150human rights defenders (HRDs) and women human rights defenders (WHRDs) from 22 countries across Asia, together with other regional and international partners, participating in the 6th Asian Regional Human Rights Defenders Forum held in Manila, the Philippines, on 3-5 December 2014, themed “Consolidation of HRD Protection Platforms Towards Stronger and Vibrant HRD Networks in Asia,” co-organised by the Asian Forum for Human Rights and Development(FORUM-ASIA), the Task Force Detainees of the Philippines (TFDP) and the Philippine Alliance of Human Rights Advocates(PAHRA);

 Asserting our identity as HRDs and WHRDs and our indispensable role in the advancement, consolidation and sustaining of democracy that is built on the foundation of effective protection, promotion and respect of universal human rights;

Standing in solidarity with all HRDs and WHRDs who are at risk for asserting their own as well as others’ human rights;

Recognising the contribution of the mandate of the UN Special Rapporteur on the situation of human rights defenders, as well as other regional and international protection mechanisms, in legitimising and protecting the work of HRDs and WHRDs across the region; Continue reading

The UN Special Rapperteur on HRD, Michel Forst with Asian HRD-subregional workshop group reporters during the 6th Asian Human Rights Defenders Forum (AHRDF) in Quezon City, Philippines, 3-5 December 2014. (Photo by FORUM-ASIA)

The UN Special Rapperteur on HRD, Michel Forst with Asian HRD-subregional workshop group reporters during the 6th Asian Human Rights Defenders Forum (AHRDF) in Quezon City, Philippines, 3-5 December 2014. (Photo by Jerbert Briola)

 

 

Human rights defenders from around the world gathered in Manila last week to consolidate “protection platforms” for human rights workers. The meeting highlighted various protection initiatives on the ground and the challenges for their implementation.

The event tracked various organizational protection systems and mechanisms as stopgap measures against violations of the rights of activists. It also mapped out effective engagement and cooperation with the newly appointed UN Special Rapporteur on the situation of human rights defenders.

In his speech, Michel Forst, the UN rapporteur, noted that Asian human rights defenders are the most threatened, intimidated or investigated.

They are also the most harassed or criminalized, and the most likely to be prevented from travelling.

Such violations and denials of fundamental freedoms have been aimed to discredit, silence and eliminate human rights defenders in the region, he said.

Forst observed that the space for civil society and human rights defenders in the Asian region has shrunk while state and non-state entities in Asia use “sophisticated patterns of attacks” to impede the legitimate work of human rights defenders.

Indeed, Asian human rights defenders are facing increasing restrictions on freedom of expression and information, on the rights to freedoms of association and peaceful assembly and the criminalization, vilification and use of judicial harassment in persecuting development workers and even environmental activists.

It is precisely because of the critical role of human rights defenders in promoting human rights awareness and debate at national and international levels that many find their own rights flagrantly violated by repressive governments.

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Press Conference: CHR human rights protector or violator?

Press Conference: CHR human rights protector or violator?

By Philippine Alliance of Human Rights Advocates (PAHRA)[1]

I.          General Overview

President Benigno Aquino III considered 2012 a year of continued resurgence of the economy bolstered with increased confidence in good governance. He took pride in the dramatic leaps the country has taken in the global competitive index of the World Economic Forum; the unprecedented attainment of investment-grade status from the most respected credit ratings agencies in the world; and the astounding 6.8 percent Gross Domestic Product (GDP) growth in 2012.[2]

Amidst this enthusiasm, cases of extra-judicial killings (EJK), enforced disappearances, torture, illegal arrests as well as other political, civil, economic, social and cultural rights violations increase halfway into the Aquino administration. What becomes alarming “is the growing number of threats and killings of rights defenders” as observed by the UN Special Rapporteurs on human rights defenders, Margaret Sekaggya, and on extrajudicial killings, Christof Heyns.[3]

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Myanmar’s parliament was to debate on Monday a proposal to abolish a provision in the 1975 State Protection Act that allows the government to restrict the fundamental rights of people suspected of “endangering state sovereignty and security, public peace and tranquility.”

The proposal is the latest among legislative initiatives that are part of Myanmar’s “reform process,” although freedoms of expression, assembly and association continue to be systematically violated.

The purported legislative reforms, with the enactment of several new laws and the review of existing ones, have largely resulted in new forms of controls and restrictions that are applied selectively.

Myanmar’s reform process has resulted in little, if any, improvement on the respect for fundamental freedoms on the ground. It has become largely an empty showcase to appease the international community.

A fact finding mission conducted by the Asian Forum for Human Rights and Development (FORUM-ASIA) from October 24 to 30 discovered that the rights to peaceful assembly and of association of particular groups, including former political prisoners, labor rights activists, student unions, and members of ethnic nationalities, are still being denied.

An array of laws that restrict the fundamental freedoms of the rights to expression, assembly and association, including the Emergency Act, the Unlawful Association Act, and the 1988 law relating to the formation of associations, remain.

The right to freedom of assembly, in particular, has been denied to groups that are considered “sensitive” or threatening to the government.

In the last two months alone, scores of individuals have been arrested for organizing and participating in peaceful assemblies.

In September, 13 leaders, organizers, and participants of peaceful assemblies to mark International Peace Day were summoned and subsequently charged under the 2012 Decree on the Right to Peaceful Assembly and Peaceful Procession after their application for a permit was rejected by the government.

Leaders and organizers of peaceful demonstrations, including protest actions against a mining project in the Letpadaung region, are also facing threats and harassment from authorities.

However, some street demonstrations were allowed to proceed, including the anti-Rohingya protest actions of Buddhist monks and university students in Rakhine state.

These double standards in the implementation of the law call into question the universal principles of Buddhism on peace, harmony, wisdom and understanding.

The continued violations of fundamental freedoms and new forms of control expose the empty façade of Myanmar’s reform process. Human rights protection in Myanmar will remain illusory if fundamental freedoms are not properly safeguarded in the current legal reforms.

 

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Philippines needs a heart to protect its gems

(A Statement on the Situation of Human Rights Defenders)

February 14, 2012

In this month of love and affection, the Philippine government needs a heart to protect its gems – the Human Rights Defenders (HRDs).  HRDs are gems of precious value.  They abound in the depths of human longings.  That is, the protection and defense of the dignity of person.  They are cultivated by natural desires of loving peace and respect; tested by concrete experiences of grief and sufferings; of joys and happiness in ushering individual and community empowerment and development. HRDs are gems personified.  They check the balance of power with the scale of justice.  They keep sanity of the ‘wannabes’ from the lures of corruption and tyranny.  They call for peace in times of war.

Their noble desire to promote the well-being of all has prompted the United Nations to pass Resolution A/RES/53/144 otherwise known as the “Declaration on the Rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms or the Declaration on Human Rights Defenders” in 1998.  It recognizes the importance and legitimacy of their works and their vital role in engaging governments on human rights issues.  Even as they find their own rights flagrantly violated, they remain “STEADFAST IN PROTEST” amid the worldwide trends of:

1)     Restrictions of the enjoyment of rights through policy enactments and legislations;

2)     Increasing restrictions to the right to expression and opinion;

3)     Women HRDs are increasingly targeted for who they are and for their work;

4)     Continuing threats to the independence and effectiveness of National human rights institutions,

The Philippines is a rich source of human rights defenders.  So rich that those hit by their brilliance aspire to shred them into pieces, threat their existence and plot all legal and extra-judicial ways to silence them.  This is the current case of Temogen “Cocoy” Tulawie – a Human Rights Defender slapped with various charges from allegedly masterminding assassination plots to bombing the City of Jolo.  These accusations emanate from his being vocal on the policies and actions of the local government that violate human rights in Sulu.

Extra-judicial executions, torture, intimidation, harassment and vilification of organizations are just some realities of human rights work and human rights defenders in the Philippines.  With these realities, is an urgent call on the government to take to heart its primary responsibility and duty on the situation of HRDs.  To wit: “Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such step as maybe necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually or in association with others, are able to enjoy all those rights and freedoms in practice” (UN Declaration on HRD, 1998, Art. 2).  With this Human Rights Defenders-Pilipinas calls for:

  • an urgent enactment of legislative policies protecting human rights and development workers;
  • mainstreaming human rights in governance through the use of rights-based approach;
  • ensuring the independence and integrity of the judiciary; and,
  • Putting in place protection programmes to ensure the physical and psychological integrity of defenders from attacks and threats.

 

Thank you FRIENDS for visiting my page.  This is my simple way of joining the global chorus for the protection of human rights defenders (HRDs).  My ideas may sound plain yet in the simplicity of its tone is the depth of human desire for respect in the dignity of person… a better world… a flourishing culture of human rights.

This page is a mere sounding board for a lively, fruitful and pluralistic discussions, a platform for opinions, and an arena for constructive dialogues where we may all learn and share thoughts… grand or simple as they may be… on human rights and our fundamental freedoms.

Facebook: http://www.facebook.com/BoyetMabunga
Email: rgmabunga@gmail.com

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