Henrick Yson National Preventive Act

POLICY BRIEF
UC MODEL SENATE
May 2021
TITLE: National Preventive Mechanism

By Yson, Henrick D.
Introduction
Human rights are basic rights that belong to all of us simply because we are human.
They embody key values in our society such as fairness, dignity, equality and
respect. They are an important means of protection for us all, especially those who
may face abuse, neglect and isolation. Most importantly, these rights give us power
and enable us to speak up and to challenge poor treatment from a public authority
(Age UK, 2017). The Philippines had been plagued with human rights abuse from
the times of the Marcos regime to present. Especially in recent years, since President
Rodrigo Duterte took office in 2016, his “war on drugs” campaign has killed
thousands of mostly urban, poor people with impunity. The security forces have
killed hundreds of activists, rights defenders, Indigenous leaders, lawyers,
journalists, trade unionists, and environmentalists in a counter-insurgency campaign
that involves the vilification, called “red-tagging,” of people deemed to support
communist insurgents. Duterte also sought to silence critics, notably opposition
Senator Leila de Lima, and news organizations Rappler and ABS-CBN. The
government’s response to Covid-19 has caused serious rights violations, including
the deaths of quarantine violators. And the need of a National Preventive Mechanism
is timely and efforts to implement an effective and independent National Preventive
Mechanism in the Philippines have been ongoing since April 2012, when the country
ratified the OPCAT.
Main arguments
Human rights are important because no one should be abused or discriminated

against, and because everyone should have the chance to develop their talents.
Unfortunately, many people around the world don’t have these basic rights and
freedoms (Lego Desk). In the case of the Philippines, we do have human rights
ingrained in the 1987 Constitution. Article XIII Social Justice and Human Rights:
Section 1. The Congress shall give highest priority to the enactment of measures
that protect and enhance the right of all the 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. To this end, the State
shall regulate the acquisition, ownership, use, and disposition of property and its
increments. Section 2. The promotion of social justice shall include the commitment
to create economic opportunities based on freedom of initiative and self-reliance.
Manifested in the country’s creation of the Commission of Human Rights which is
mandated to conduct investigations on human rights violations against marginalized
1
and vulnerable sectors of the society, involving civil and political rights. Although
with even the constitutional mandate and the organization for which carries it out.
The cases have not ended or lowered especially in the present administration.
Evidence & Data
Evidence of human rights abuse is plenty more so in the Duterte Administration.

President Rodrigo Duterte has plunged the Philippines into its worst human rights
crisis since the dictatorship of Ferdinand Marcos in the 1970s and 1980s. His “war on
drugs,” launched after he took office in June 2016, has claimed an estimated 12,000
lives of primarily poor urban dwellers, including children. Violation of children’s
rights, attacks on journalists and media from Rappler and ABS-CBN, and government
policy failures contributing to the country’s worsening HIV epidemic persisted in
2017. The poor handling of the Covid-19 pandemic resulting on many deaths of
quarantine violators. And the proactive campaign of surveillance, harassments,
threats and terror to any groups associated with human rights or any progressive
groups linking all of them to terrorism.
Issues and Challenges
Duterte’s most prominent critic, Senator Leila de Lima, remained in detention on

politically motivated drug charges. Pro-Duterte lawmakers in 2017 sought to
eliminate budgetary funding for the official Commission on Human Rights as
apparent retaliation for its efforts to probe the anti-drug campaign. In the face of
mounting international criticism, the Duterte government has adopted a tactic of
denying as alternative facts well-substantiated reports by human rights and media
organizations of high death tolls linked to the drug war. In August, Duterte
encouraged police attacks against human rights groups and advocates, instructing
police, “If they are obstructing justice, you shoot them.” Duterte has publicly
condemned the Commission on Human Rights and threatened to abolish it. He also
repeatedly subjected United Nations Special Rapporteur on Extrajudicial Killings
Agnes Callamard to profanity-laced ridicule for her repeated efforts to secure an
official visit to the Philippines. In August, he responded to Callamard’s criticism of
police extrajudicial killings of children by calling her a “son of a bitch” and a “fool.”
The evidence speaks for itself that the administration is the problem. He and his
allies are a challenge to the approval of the National Prevention Mechanism as it is a
direct effort to cease the fear tactics employed by this administration as well as be
held liable for it.
Conclusion
There is a need for the approval of the National Preventive Mechanism, it will
provide the protection of life for all types of fear induce by a dictatorial government.
With the support of different countries and the whole international community, we
must show our stand and fight through it with commitment and support on this
issue.
Recommendations
2
The passing of this bill is highly sought after.
References
Use APA Citation Style (17th edition)
Age UK (2017, August 31). Human rights. <https://www.ageuk.org.uk/information-

advice/work-learning/discrimination-rights/human-rights/>
Human Right Watch. Philippines. <https://www.hrw.org/asia/philippines>
Association for the Prevention of Torture. Philippines. <https://www.apt.ch/en/what-

we-do/where-we-work/philippines>
Lego Desk. What Are Human Rights & Why Are They Important?
<https://legodesk.com/legopedia/human-rights/>
Official Gazette of the Republic of the Philippines. The 1987 Constitution of the
Republic of the Philippines – Article XIII.
<https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-
republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-
article-xiii/>
Commission of Human Rights. About Us. <https://chr.gov.ph/about-

us/#:~:text=The%201987%20Philippine%20Constitution%20primarily,full
%20respect%20for%20human%20rights>.
World Report (2018). Human Rights Watch. <https://www.hrw.org/world-

report/2018/country-chapters/philippines#>

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POLICY BRIEF

TITLE: National Preventive Mechanism

Human rights are important because no one should be abused or discriminated

Evidence & Data

Evidence of human rights abuse is plenty more so in the Duterte Administration.

Issues and Challenges

Duterte’s most prominent critic, Senator Leila de Lima, remained in detention on

Age UK (2017, August 31). Human rights. <https://www.ageuk.org.uk/information-

Human Right Watch. Philippines. <https://www.hrw.org/asia/philippines>

Association for the Prevention of Torture. Philippines. <https://www.apt.ch/en/what-

Commission of Human Rights. About Us. <https://chr.gov.ph/about-

World Report (2018). Human Rights Watch. <https://www.hrw.org/world-

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