Philippines—Human Rights

The present Philippine constitution (1987) adopts a broad definition of human rights that includes not only civil and political rights but also economic, social, and cultural rights, as well as the rights of special groups such as women, the disabled, and indigenous cultural communities. It guarantees its citizens certain basic rights, such as the right to free speech, association, and religion. In addition, the Philippine constitution prohibits the use of torture, force, and secret detention for those accused. The constitution also directs the state to enact laws that protect and enhance the rights of all people to human dignity, that reduce inequalities, and that support diffusing wealth and political power for the common good.

The Philippines' National Commission on Human Rights (NCHR) was one of the first such agencies in Asia. Its primary task is to investigate complaints of human-rights violations. On the international level, the Philippines is a signatory to the U.N. Universal Declaration of Human Rights and has acceded to several important U.N. covenants and protocols on human rights, most notably the International Covenant and Optional Protocol on Civil and Political Rights and the International Covenant on Social, Economic, and Cultural Rights. In 1996, activists from academia, nongovernmental organizations (NGOs), and the NCHR formed the Working Group which has been pursuing the creation of a regional human-rights organization within the Association of Southeast Asian Nations (ASEAN). Despite these initiatives, however, violations of human rights continue across the country. These violations are monitored by organizations such as Task Force Detainees of the Philippines (TFDP), the Philippine Association of Human Rights Advocates, and Amnesty International Philippines.

The constitution of 1987, written under the administration (1986–1992) of President Corazon Aquino(b. 1933), provided legal and institutional guarantees for the protection of human rights. It was a response to the political and economic excesses of the regime of Ferdinand Marcos (1917–1989), who controlled the Philippines from 1966 to 1986; those excesses included arbitrary arrests and detentions of citizens, extrajudicial killings, disappearances, and kidnappings, as well as widespread poverty, hunger, and malnutrition. Nevertheless, human-rights abuses have continued to be a serious problem in the post-Marcos years, especially among Philippine military and paramilitary groups and the Philippine police. Reports of human-rights violations have consistently followed Philippine military operations conducted against Muslim secessionist groups and criminal gangs in Mindanao. These have included indiscriminate bombardment of numerous Muslim villages and towns, mass displacements of as many as 200,000 people from their homes, killings, and disappearances. Arbitrary arrests and torture have been regularly resorted to as a means of extracting information regarding these secessionist groups and criminal gangs.

In October 2000, Filipinos in Hong Kong, where they number about 160,000, protest the rule of Philippine president Joseph Estrada, which they claim is corrupt and violates Filipino human rights. (AFP/CORBIS)

The Rights of Prisoners Although every accused is guaranteed a fair and speedy trial, the court system, with its poorly paid and overburdened judges and prosecutors, has remained susceptible to corruption and to the influence of the wealthy and powerful. With regard to the rights of prisoners against physical and psychological maltreatment and degrading punishment, recent reports from human-rights organizations draw an alarming picture. Philippine prisons often hold three times as many prisoners as they were designed for. Sometimes women and children are put together with male prisoners, which leads to rape and physical abuse. Prisoners are forced to live in inhumane conditions not only because of the density of the prison population, but also because of the lack of sanitary facilities and maintenance. In 2000, human-rights groups reported that sanitary facilities were insufficient, that there were not enough dispensers of clean water, and that in some cases prisoners had to endure knee-high waters after strong rains. Many prisoners suffer from health problems such as tuberculosis and other diseases.

The Death Penalty In 1998, then-President Joseph Estrada (b. 1937) reintroduced the death penalty, despite strong opposition from human-rights organizations. In 2000, the death penalty was suspended in observance of the Catholic Church's Jubilee Year. Of the roughly 1,500 people due to be executed, most came from the poorest sectors of society and could not afford the services of legal counsel. There is a move in the Philippine Senate to abolish the death penalty. The House appears to be divided on the issue, but President Gloria Macapagal-Arroyo (b. 1947) and the powerful Roman Catholic Church support the Senate move to review the controversial legislation.

The Right to Vote Philippine citizens living abroad, numbering around 5–6 million in 2000, pay taxes that constitute a sizable portion of the national income but are effectively disenfranchised because the government has not yet passed a law allowing absentee voting as required by the constitution.

Since 1987 important steps have been taken to improve the human-rights situation in the Philippines. At midyear 2000, there were more than 14,000 local human-rights officers nationwide. However, the examples above illustrate that there is still a long way to go to reach the goals proudly set in the constitution. President Gloria Macapagal-Arroyo faces enormous tasks. The further improvement of the human-rights situation in the Philippines depends on the strengthening of the judicial system, the establishment of an absentee voting system, the successful fight against corruption, and the reconsideration of the death penalty. Moreover, as a signatory to the Covenant on Economic, Social, and Cultural Rights, the country needs to strengthen the economy, fight poverty, bridge the gap between the rich and the poor, and provide a peaceful solution to the problems of Muslims in Mindanao and other minority groups in the archipelago. At the very least, the Philippines needs to curb the strong political influence of the Philippine military in Philippine society.

De Boer, Evert, Huub Jaspers, and Gerard Prickaerts. (1996) We Did Not Learn Human Rights from the Books: The Philippines and Human Rights in the Period 1986 to 1996. In collaboration with the Justice, Peace, and Integrity of Creation Commission (JPIC) of the Association of Major Religious Superiors in the Philippines (AMRSP). Quezon City, Philippines: Claretian Publications.

Gowing, Peter. (1988) Understanding Islam and the Muslims in the Philippines. Quezon City, Philippines: New Day Publishers.

Institute of Human Rights, University of the Philippines Law Center. (1999) 1999 Philippine Peace and Human Rights Review. Quezon City, Philippines: U.P. Law Center Printery.

Philippine Alliance of Human-Rights Advocates. (2000) Human Rights at the Close of the 20th Century. Quezon City, Philippines: Philippine Human Rights Information Center.

Task Force Detainees of the Philippines (TFDP). (1999) Task Force Detainees of the Philippines: A Pioneer in Human Rights. 25 Years of Struggle for People's Dignity 1974–1999. Quezon City, Philippines: TFDP.

U.S. Department of State. (2001) Philippines. Country Reports on Human Rights Practices, 2000. Washington, DC: Bureau of Democracy, Human Rights, and Labor.