Human Rights Issues AAGultia

Human Rights, Judge Trugillo

A. CAGAYAN DE ORO ISSUES

1. Human rights violations continue to hound lumads

 Thursday, June 30, 2016

 By Jigger J. Jerusalem
HUMAN rights violations are still committed against the tribal communities in Mindanao and the
government has not properly addressed this problem, a civil society group said Wednesday, June 29.
Discrimination, harassment, attacks, and even extrajudicial killings experienced by the lumad communities
throughout the island were among the issues raised during the public presentation of “Duguong Kabilin”
(Bloody Legacy) at a hotel here yesterday.
“Duguong Kabilin” is a collection of gruesome and traumatic experiences of the indigenous peoples in
Mindanao as they struggle to take back or retain ownership of their ancestral lands, said Sr. Famita
Somogod, of the Rural Missionaries of the Philippines in Northern Mindanao Region (RMP-NMR), and
project manager of the European Union-funded Healing the Hurt project.
‘Healing the Hurt’ is a collaboration of various organizations that seeks to face and find ways to resolve the
intensifying issue of marginalization and rights violations of lumad communities in the island.
“As much as the tribal peoples in Mindanao want to improve their lives, their desire to uplift themselves and
their children have been disrupted by those whose agenda is to promote their self-interest,” Somogod told
this paper in an interview at the sidelines of the event.
Among those existence and way of life are being constantly threatened by the entry of multinational
corporations in their ancestral lands are the Banwaon tribes in Agusan del Sur and the Matigsalug and
Higaonon peoples in Bukidnon and Misamis Oriental, Somogod said.
It is in these areas, she said, that violations of the lumads’ human rights are rampant.
These problems, she added, are the main issue that ‘Healing the Hurt’ project is trying to address.
“Unfortunately, these communities are the least prioritized by the government and even nongovernment
institutions,” RMP-NMR noted in the latest issue of the group’s “Kidlap” magazine.
Lawyer Czarina Golda Musni reported the partial data with regard to violations of the rights of the lumad.
Ninety cases were recorded by the ‘Healing the Hurt’ project which include extrajudicial killings, frustrated
extrajudicial killing with threats and harassments, forced evacuation, illegal arrests and detentions,
indiscriminate firing, torture and divestment of property.
These cases were documented during the Aquino administration.
“Dili na jud me pwede mu-uli sa amo kay kung mu-uli me sa among lugar kay hutdon me ug patay sa mga
Alamara. Mao ning hinungdan nga naa me sa Malaybalay nag-antus sa tumang kalisud. Thirty me ka
pamilya nga naa didto,” one of the lumad evacuees from Cabanglasan said.
Based on his tribe’s experience, Datu Reynaldo Ayuma from Sitio Camansi, Barangay Banglay in
Lagongong, Misamis Oriental, said they had gone through hardships every time they flee from their homes
for fear of their lives who are threatened by the ongoing fighting between the New People’s Army and the
military.
Ayuma said they fled from their upland communities for four times in the last two years due to the armed
conflict.
“We had to go because we don’t want to get killed whenever the rebels and soldiers shoot each other. To
avoid that, we had no choice but to evacuate,” he said in a separate interview.
After a dialogue facilitated by the provincial government, the more than a hundred Higaonon men, women
and children returned home expecting the military will honor the agreement that soldiers will no longer be
camping out within their communities. (With LJ Patanao, BGUMPA/MSU-Marawi Interns)
2.0 'Intel agent' caught spying on Cagayan de Oro human rights meet
Participants to a human rights conference held Friday in Cagayan de Oro said they apprehended an armed
“government intelligence officer” who had sneaked into the meeting venue and was sending out information
about the event through text messages.
The conference, attended by around a hundred persons, was hosted by Barug Katungod Mindanao to discuss
recent attacks on human rights defenders in the south as well as atrocities committed against indigenous people
by state security forces and militias, which have left several lumad dead and thousands more in evacuation
camps.
A statement from Barug Katungod Mindanao (Mindanao Stand for Human Rights) said Rolando Gomonit Sr.
gave himself away when he tried to pass himself off as a member of media but listed himself in the registration
sheet as belonging to an organization called “Lumad.”
Members of Karapatan Northern Mindanao who the secretariat asked for assistance recognized Gomonit as the
same intelligence officer they apprehended during one of their activities earlier this year.
Gomonit was armed with a .45 caliber pistol and handcuffs. His cellular phone, which contained outgoing text
messages about the conference delegates, the plate numbers of their vehicles and other information was found
inside the women’s restroom.
The agent was turned over to the police by the conference participants.
Barug Katungod Mindanao called the deployment of the intelligence agent to spy on the conference “a glaring
example of impunity,” noting that information gathered in such operations was often used “for trumped-up
charges being filed against human rights activists and (the) vilification of their organizations and activities.”
On Thursday, May 26, president-elect Rodrigo Duterte said in an interview that on Tuesday the Canadian
Prime Minster Justin Trudeau called him and had a conversation about human rights.
3. Trudeau Calls Duterte, Talked About Human Rights
The call lasted for 9 minutes where Trudeau opened up the topic on the universal declaration of human
rights.
In response, Duterte said, “I’m following it. I said that we are partners, may we remain partners for all time.”
He also added, “I am aware there are Filipinos, a lot of them, working there. I am happy that they have
found protection even in the labor laws.”
Also, he apologized to Trudeau on the death of Canadian national John Ridsdel after being held captive by
the Abu Sayyaf Group (ASG). He then assured Trudeau that no incident similar from that of Ridsdel might
surface again.
“Please accept my apologies for the incident that resulted in the killing of your national and we will try our
very best to make sure nothing of the sort will happen again,” Duterte ended the call with poise.

B. PHILIPPINES ISSUES
1. REPUBLIC ACT NO. 10766

Republic Act No. 10766

April 19, 2016
Tags: Benigno S. Aquino III, Human rights, Laws, Martial Law, Republic Acts
S. No. 3153
H. No. 6412
 Republic of the Philippines
Congress of the Philippines
Metro Manila
Sixteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
[REPUBLIC ACT NO. 10766]
AN ACT EXTENDING THE LIFE OF THE HUMAN RIGHTS VICTIMS CLAIMS BOARD,
AMENDING FOR THIS PURPOSE SECTION 29 OF REPUBLIC ACT NO. 10368 ENTITLED, “AN
ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS
VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES”
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 29 of Republic Act No. 10368 is hereby amended to read as follows:
“SEC. 29. Work Period; Sunset Clause. – The Board shall complete its work within four (4) years from May
12, 2014. After such period, it shall become functus officio.”
SEC. 2. Repealing Clause. – All laws, presidents decrees, executive orders, resolutions, rules or regulations,
or any part thereof which are inconsistent with any of the provisions of this Act, are hereby repealed or
modified accordingly.
SEC. 3. Effectivity. – This Act shall take effect upon its complete publication in a newspaper of general
circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
(Sgd.) FRANKLIN M. DRILON
Speaker of the House
President of the Senate
of Representatives
Senate Bill No 3153, which was approved by the Senate on February 1, 2016, was adopted as an amendment
to House Bill No. 6412 by the House of Representatives on February 2, 2016.
(Sgd.) MARILYN B. BARUA-YAP
(Sgd.) OSCAR G. YABES
Secretary General
Secretary of the Senate
House of Representatives
Approved: APR 19 2016
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

De Lima to U.S. Human Rights NGOs: Aquino

government taking concrete steps to address
EJK, other HR violations
Statement: PCW on trivializing rape in jokes,
May 30, 2013
2. STATEMENT: PCW ON TRIVIALIZING RAPE IN JOKES, MAY 30, 2013
May 30, 2013
Statement of the Philippine Commission on Women:
On trivializing rape in jokes
[Released on May 30, 2013]
The Philippine Commission on Women (PCW) condemns human rights violations and trivializing rape and
other forms of abusive behavior. We express our grave concern over the tasteless and revolting rape jokes,
which Vice Ganda jested during his May 17 concert at the Araneta Coliseum.
Rape is a gross violation of human rights, a crime against persons, an abhorrent assault on individual
freedom. It should never be a material for a comedy concert. No one, regardless of a person’s social status,
age, physical appearance, mental capacity, or disability deserves to be raped.
Many rape cases go unreported because victims are shamed and rape is trivialized. From 2004 to 2012, rape
cases reported to the Philippine National Police (PNP) accounted for 9.6 percent of total reported violence
against women (VAW) cases. National Statistics Office (NSO) data from the 2008 National Demographic
and Health Survey likewise indicated that 9 percent of women aged 15-49 have experienced sexual violence.
Rape jokes hurt women who are suffering or may have suffered from the trauma of rape. It is not a laughing
matter.
The repercussions of rape jokes are serious and damaging. In the pursuit of humor, women’s and even men’s
vulnerabilities are exploited. Victim-survivors once more recount their horrible experiences and relive the
pain.
PCW calls upon comedians, artists, writers, directors, producers, workers in the entertainment industry,
news anchors and other media practitioners to practice censorship, sensitivity to feelings and gender
responsiveness. Many, especially the youth, view them as models.
Let us not glorify rape or perpetuate the idea that rape victims are responsible for their own attacks.
pcw.gov.ph

September 26, 2012

3. DE LIMA TO U.S. HUMAN RIGHTS NGOS: AQUINO GOVERNMENT TAKING CONCRETE STEPS TO
ADDRESS EJK, OTHER HR VIOLATIONS
A September 26, 2012, press release from the Department of Foreign Affairs
Saying the Philippines has nothing to hide, Justice Secretary Leila de Lima met with human rights advocates
in the United States (U.S.) on September 25 and assured them that the Aquino government is taking concrete
steps to address cases of extra judicial killings and other human rights violations brought to its attention.
In its report to Secretary of Foreign Affairs Albert F. del Rosario, the Philippine Embassy in Washington
D.C. said Secretary De Lima and Philippine Ambassador to the U.S. Jose L. Cuisia Jr. invited
representatives of U.S.-based human rights groups on September 24 to present the steps that the Philippine
Government has been taking to address their concerns.
Present during the dialogue were representatives of Human Rights Watch, Amnesty International, the
Committee to Protect Journalists, the Ecumenical Advisory Network, the International Justice Mission, and
the Filipino Migrant Heritage Commission, which are among the non-governmental organizations (NGOs)
that have been instrumental in blocking the release by the U.S. Congress of more than $13 million in
military assistance to the Philippines since 2008.
The dialogue with human rights groups followed Secretary De Lima’s meetings with members of the U.S.
House of Representatives who expressed their satisfaction with the measures being undertaken by the
Philippine Government to improve its human rights record.
“I cannot emphasize enough that the Aquino Administration does not sanction any policy of using violence,
intimidation or threats to curtail the various rights and freedoms that humans enjoy,” the former Chair of the
Commission on Human Rights said. “This Aquino Administration can honestly and sincerely say this
because we absolutely have nothing to hide.”
“We welcome the opportunity and the challenge to demonstrate not just our sincerity but also the concrete
steps we have taken to give you the assurance and proof that is your due,” Secretary De Lima told the
human rights advocates during their meeting at the Philippine Embassy.
“When it comes to the number of convictions, our record leaves great room for improvement. That is a fact
which we do not deny,” Secretary De Lima said, referring to cases of extra-judicial killings that the human
rights groups want the Aquino Government to resolve.
“However, I cannot be more emphatic in my position that it is not fair to conclude from this that the
Philippine human rights situation has not improved or that the Aquino Government has failed to deliver on
its promises or that we continue to promote a culture of impunity.”
Secretary De Lima assured the group that the Philippine Government is taking seriously its commitment to
prosecute those responsible for extrajudicial killings and that it is undertaking concrete steps to improve the
human rights situation in the country.
She cited the establishment of Human Rights Affairs Offices in the Armed Forces of the Philippines (AFP)
and the Philippine National Police (PNP) to educate uniformed personnel about the importance of observing
and respecting human rights.
According to her, the Department of Justice (DOJ) is also working to improve its Witness Protection
Program through proposed amendments to the law, bigger budget allocations and continuing with
international partners such as Australia’s overseas aid program.
“We are also investing on our investigative and forensic infrastructure through the National Justice
Information System, the modernization of our facilities and by grooming our investigators and prosecutors
to work closely together to build strong cases for prosecution,”
Secretary De Lima said the justice department is also working closely with other stakeholders, including
NGOs, in finding ways in achieving a higher level of operational capacity in investigating and prosecuting
human rights cases such as the development of a Prosecutor’s Manual on Human Rights.

OPAPP: Creation of interagency monitoring

body on HR violations underscores
government’s commitment to peace
November 14, 2012

4. OPAPP: CREATION OF INTERAGENCY MONITORING BODY ON HR VIOLATIONS UNDERSCORES

GOVERNMENT’S COMMITMENT TO PEACE
A November 14, 2012, press release from the Office of the Presidential Adviser on the Peace Process
Presidential Adviser on the Peace Process Teresita Quintos Deles on Thursday said the establishment of an
interagency monitoring body on human rights violations allegedly committed by government and
communist rebels underscores the Government of the Philippines’ (GPH) strong commitment to the
achievement of peace.
“We have long recognized that respect for human rights is an indispensable ingredient in establishing and
maintaining genuine peace,” Deles said at the signing of Terms of Reference (TOR) of the Complaints
Monitoring Working Group (CMWG) held at the Astoria Plaza in Pasig City on November 8.
The CMWG is an interagency body tasked to monitor alleged human rights violations of both the security
forces of the government and the Communist Party of the Philippines, the New People’s Army and the
National Democratic Front (CPP/NPA/NDF).
The GPH Monitoring Committee (MC), the government component of the Joint Monitoring Committee
formed to monitor compliance with the Comprehensive Agreement on the Respect for Human Rights and
International Humanitarian Law (CARHRIHL), heads the CMWG with the Armed Forces of the Philippines
(AFP), Philippine National Police (PNP) and Department of Justice (DOJ) as members.
Deles said the TOR emphatically reaffirms the government’s commitment to uphold human rights and
international humanitarian law.
“More than simple terms of reference, this document, and the interagency cooperation it defines, embodies a
loud and clear statement of intent… that our commitment to human rights and International Humanitarian
Law goes far beyond mere policy statements and lip service and is premised on genuine accountability and
justice, for as we know, without justice, there can be no peace,” Deles said.
The CMWG was created to facilitate the investigation of violations of alleged human rights and IHL through
cooperative efforts among its member agencies.
Atty. Jaime Arroyo, head of the GPH-MC Secretariat, stressed that the CMWG itself is not an investigative
body, but it will “refer [the victims’ complaints] to offices of the government that are mandated to
investigate and/or prosecute crimes” against human rights laws.
Reiterating the administration’s commitment to peace talks with the NDF, Secretary Deles said, “The
government stands ready to face challenges in pursuit of peace with the Communist rebels and their various
instrumentalities.”
“Finding a peaceful solution remains a high priority considering that the armed conflict between the
government and the communist NPA has lasted for over four decades and has inflicted unimaginable
suffering on several generations of Filipinos, whether it is the government troops, the rebels, or the civilians
who are often caught between them,” she added.
Joining Secretary Deles at the TOR signing were Secretary of Justice Leila M. de Lima, AFP Provost
Marshal General Brig. Gen. Herbert Yambing, Philippine National Police (PNP) Directorate for Community
Relations Director Lina Sarmiento, Political Affairs Undersecretary and GPH-MC Chair Jose Luis Martin
Gascon and Commission on Human Rights Chair Loretta Ann P. Rosales.
A the same event, the GPH-MC launched an internet portal that enables partner agencies, other stakeholders,
and victims of human rights and IHL violations to file their complaints online.
opapp.gov.ph

atement: The Philippine Commission on Women

on International Women’s Day 2013

March 8, 2013

5. STATEMENT: THE PHILIPPINE COMMISSION ON WOMEN ON INTERNATIONAL WOMEN’S DAY

2013
Statement of the Philippine Commission on Women:
On International Women’s Day
[March 8, 2013]
Today, we join the rest of the world in celebrating the International Day of Women. This year, the
Philippines has adopted the theme “Kababaihan: Gabay sa Pagtahak sa Tuwid na Daan” to give the Filipino
women due respect and recognition in helping the PNoy administration tread the path towards transparent,
accountable, and inclusive government.
In celebration of the 2013 International Women’s Day, the Philippine Commission on Women (PCW) is
proud that the Philippines is listed as one of the best places to be a woman, according to the 2012 Gender
Gap Index or GGI, surveyed by the World Economic Forum. The GGI examines the gap between women
and men in four fundamental categories: economic participation and opportunity, educational attainment,
health and survival, and political empowerment. The Philippines is the lone Asian country included in the
top 10 last year and the only Asian country to have consistently done so since 2006
Philippine government data support the results of the survey. Women also occupy 46 percent of third-level
government posts (Career Executive Service Board, 2012). Several Presidential women appointees hold top
strategic and non-traditional government posts such as Chief Justice, Secretary of Justice, and Presidential
Adviser on the Peace Process. Female participation rate in the labor force is at 49.7 percent (National
Statistics Office, 2012). In terms of economic empowerment, the country has the least gender gap among
business owners in the global arena with a 55:45 male-female ratio (Global Entrepreneurship Monitor,
2006–2007).
The Philippines also echoes the call of the United Nations for the today’s celebration—“A promise is a
promise: Time for action to end violence against women.” Out of 40,027 barangays in the country, 30,424
have established their VAW Desks. VAW Desk officers mainly assist VAW victims in securing Barangay
Protection Order and develop the barangay’s gender-responsive plan in addressing gender-based violence.
With this, we can say that our country is now in a better stance to respond to violence against women
(VAW) cases.
PCW maintains that there can never be a straight path where violations of women’s human rights exist.
Equality between women and men cannot be achieved without women participating in the workforce and
assuming leadership roles in government. This is the call of the 2013 Women’s Month Celebration.
May this celebration inspire more women to break more glass ceilings and persuade men to support gender
equality. Happy Women’s Month!

C. ASEAN HR ISSUES
1. Statement of the Department of Foreign Affairs:
On the reported violation of human rights of Filipinos in Sabah

DFA statement on the reported violation of

human rights of Filipinos in Sabah, March 10,
2013
March 10, 2013
[March 10, 2013]
The Department of Foreign Affairs views with grave concern the alleged rounding up of community
members of Suluk/Tausug descent in Lahad Datu and other areas in Sabah and the alleged violations of
human rights reported in the media by some Filipinos who arrived in Sulu and Tawi-Tawi from Sabah.
The Department is coordinating with the Department of Social Welfare and Development (DSWD) and
other relevant agencies to document these reports so that appropriate actions could be taken.
The Department urges the Malaysian government to take steps to clarify these alleged incidents.
The Department continues to call on the Malaysian Government to give our Philippine Embassy officials
and the Philippine humanitarian/consular team dispatched to Lahad Datu and nearby areas full access to the
Filipinos being held “in several locations in Sabah but outside the ‘Ops Daulat’ area,” as announced by the
Malaysian Inspector General of the Police Tan Sri Ismail Omar on 08 March 2013, to enable them to fulfill
their mission which is to provide humanitarian and consular assistance to Filipinos who have been affected
by the incident.
We reiterate our call on the Malaysian Government to give humane treatment to the Filipinos under their
custody.
The allegations are alarming and should be properly and immediately addressed by concerned authorities.
dfa.gov.ph

SEAN INTERVENTION ON HUMAN RIGHTS

ISSUES
2. Development in the Massacre in Ampatuan, Maguindanao (Philippines) Danny Arao | 15th

February 2010
JAKARTA, Indonesia (February 15) – An interesting development in the massacre in Ampatuan, Maguindanao (Philippines) which
claimed the lives of at least 30 Filipino journalists is the decision of the widows to bring the case to the Association of Southeast
Asian Nations (ASEAN) whose secretariat is based in this city.
In early February, lawyers Harry Roque and Pete Principe, who represent the 14 widows of the journalists killed last November 23,
said that they already filed a complaint at the newly-established ASEAN Intergovernmental Commission on Human
Rights (AICHR).
While the ASEAN was established in August 1967, it was only in December 2008 that its charter took effect. Article 14.1 of
the ASEAN Charter states: “In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and
protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body.”
The terms of reference of the AICHR clearly state that it is a consultative body. As regards its relations with other human rights
bodies in the ASEAN, the AICHR is said to be “the overarching human rights institution in ASEAN with overall responsibility for the
promotion and protection of human rights in ASEAN.”
Whether or not the AICHR could help shed light on cases of human rights violations like the Ampatuan massacre remains to be
seen. The ASEAN could help make other member-countries aware of the sorry state of human rights in the Philippines. But is it
possible for the ASEAN to help in the attainment of justice which remains elusive to the human rights victims through the years?
To be fair, the ASEAN has facilitated some degree of unity and solidarity among the 10 member-countries. It has also given those
aware of the ASEAN’s existence a “regional identity” which is important in the formation and development of their national identity.
There exists a sense of belonging as an ASEAN member, at least in the context of being Asian. Interestingly, the name of the
association is very close to the name of the continent where the 10 member-countries belong.
Part of the ASEAN’s plan is to fully establish the three pillars (security, economic and socio-cultural) of its community by 2015.
Given the uneven level of development among the ASEAN member-countries and the unresolved border disputes among some of
them, the plan may be impossible to achieve.
Just like other international organizations, the ASEAN has also had its share of missteps. For one, the thrust towards economic
integration via globalization has proven to be detrimental to underdeveloped countries like the Philippines. Initiatives like the
ASEAN Free Trade Area (AFTA) and ASEAN Investment Agreement (AIA) are essentially meant to fast-track the processes of
liberalization, deregulation and privatization ahead of most deadlines imposed by the World Trade Organization (WTO). It must be
stressed that even if it is not explicit in the policy pronouncements of the ASEAN, the latter is biased for globalization as economic
thrust. The kind of integration it wants is removal of protection and other trade barriers which may be necessary for underdeveloped
countries like Myanmar and the Philippines to industrialize.
Indeed, the ASEAN should reorient itself in a way that would protect instead of “globalize” the region. It should protect the 10
member-countries from the onslaught of globalization.
As founding member, the Philippines should take the lead in promoting self-sufficiency and sustainable development but its
credibility in doing so can only be apparent with a change in administration and even economic direction. In the context of
protectionism, the Philippines could present itself as a case study of wanton globalization and the consequent underdevelopment
due to such economic thrust. Even if it is currently “championing” human rights in the region, there are issues about its moral
ascendancy owing to the culture of impunity prevalent in the country.
It is indeed hypocritical for the Philippines to take a leading role in the creation of the ASEAN human rights body. The current
administration under Gloria Macapagal-Arroyo is notorious for rampant human rights violations, even exceeding the number of
those who were killed and abducted during the dark days of martial law. Even journalists have been targeted by the powers-that-be
since 1986 when democracy was supposedly restored through a people’s uprising.
In the context of human rights, the ASEAN’s principle of non-interference could render useless ASEAN bodies like the AICHR. The
best that the ASEAN could do at present is to lend a voice in the protection and upholding, for example, of human rights. Indeed, it
has become hard for the ASEAN through the years to hold member-countries accountable for not adhering to various regional
agreements.
Despite the socio-political and cultural differences of ASEAN countries, the 10 member-countries adhere to the definition of human
rights as enshrined in The Universal Declaration of Human Rights. Even if the protection of human rights leaves much to be desired
(as in the case of Philippines and Burma), the ASEAN and the international community could take erring countries to task through
legal courts like the International Court of Justice (ICJ) and the Permanent Peoples’ Tribunal (PPT).
The ASEAN’s principles of non-interference and mutual respect are good on paper but these make the ASEAN practically helpless
in imposing sanctions. While there are dispute settlement mechanisms, these are seldom resorted to as even the ASEAN
encourages bilateral settlement. Reading the pertinent provisions of the ASEAN human rights body in the new ASEAN charter, the
terms are vague in terms of ensuring the protection and upholding of human rights in the ASEAN region.
The AICHR should have a clear mandate to take the member-countries to task for violating human rights and should serve as an
intermediary in filing cases before international courts. It is only by actively monitoring and filing the appropriate cases that it can
make itself relevant.
And now that 14 widows of the murdered Filipino journalists have filed a complaint at the AICHR, the ASEAN is now given an
opportunity to prove that its claim of promoting and upholding human rights is not empty rhetoric.

3. CHR to probe killing of criminal suspect

The CHR has emphasised its commitment to investigate human rights violations against any individual, including suspected
criminals.

Commission on Human Rights of the Philippines LogoCommission on Human Rights of the Philippines

The Chairperson of the Commission on Human Rights (CHR) has emphasised the organisation's commitment to
investigate human rights violations against any individual, including suspected criminals, the Philippine Star reported.

CHR Chairperson Jose Luis Martin 'Chito' Gascon said the Philippines national human rights institution is an independent
body established under the 1987 Constitution.

Article 13 of the Constitution sets out the CHR's composition and functions, he said, which include the investigation of all
forms of human rights violations, involving civil and political rights.

The CHR has received criticism in recent months for its statement against anti-crime operations by police that resulted in
the death of a number of suspected criminals.

It was has also been criticised by president-elect Rodrigo Duterte, whom the CHR found guilty of violating the Magna
Carta of Women for controversial comments made during the election campaign.

Last week, the CHR started its investigation on the shooting of Alfie Turado, a suspect in a rape case who was shot dead
while in police custody after he allegedly tried to grab the gun of a police officer.
Gascon maintained that the CHR supported the efforts of the government and law enforcement agencies to stop crime.
However, he said this should be done in compliance with the law.

CHR Chairperson 'Chito' Gascon

 "If the leadership speaks the language of human rights, then it will cascade to the personnel and ultimately we will see
more respect for human rights," Chito Gascon told Rappler website on 19 June 2016. "But if the leadership disregards it,
then we might see an undermining of these efforts."

The CHR also released a statement on 17 June 2016 in which it expressed support for the government to "apply the full
force of the law" against Abu Sayyaf members who beheaded two Canadian hostages.

"The CHR condemns these killings and other terrorist acts of the [Abu Sayyaf] in the strongest possible terms and
reiterates that kidnapping, illegal detention and murder are grave violations of a human's right to life, liberty and security
and should not be tolerated in a just, humane and democratic country like ours."

Date: 21 June 2016

4. Torture Prevention Ambassadors address Human Rights Council

NHRIs can be powerful “actors for change”, a group of nine Torture Prevention Ambassadors from the Asia
Pacific told the UN rights body.

Association for the Prevention of Torture LogoAssociation for the Prevention of Torture Asia Pacific Forum
LogoAsia Pacific Forum.

National human rights institutions (NHRIs) can be powerful "actors for change" in the fight against torture
and ill-treatment, a group of Torture Prevention Ambassadors from the Asia Pacific has told the UN Human
Rights Council.
Commissioner Young-Hye Kim from the National Human Rights Commission of Korea, representing the
group of nine Torture Prevention Ambassadors from seven APF member institutions, presented the
statement to the Council on Monday 20 June 2016.

Over the past 18 months, the Torture Prevention Ambassadors have implemented a wide range of projects in
Australia, the Maldives, Mongolia, New Zealand, the Philippines, South Korea and Timor Leste.

Their projects sought to respond to "protection gaps" and other risk factors that can lead to torture and ill-
treatment in places of detention.

In the statement to the Council, Commissioner Kim highlighted the responsibility on States to take concrete
steps to prevent torture and ill treatment and the valuable role that NHRIs can play to support States in these
efforts, through facilitating dialogues, educating and training State officials, undertaking preventive visits to
places of detention and investigating allegations of torture.

Mark Thomson, APT Secretary General, describes the potential for the Torture Prevention Ambassadors to
drive long-term change in their countries across the Asia Pacific.

Established in 2014, the Torture Prevention Ambassadors project is a joint initiative of the APF and the
Association for the Prevention of Torture (APT).

This innovative approach sought to harness the unique mandate of NHRIs, as well as the expertise and
commitment of senior NHRI staff, in a new approach to preventing torture and ill-treatment.

The Good Practice Report, which includes a summary of all the country projects of the Torture Prevention
Ambassadors, was launched at a side event of the Human Rights Council on Wednesday 22 June 2016.

During their time in Geneva, the Torture Prevention Ambassadors also met to discuss the next steps for their
country projects and for the Torture Prevention Ambassadors project as a whole.

"We hope that all NHRIs in the Asia Pacific, as well as those in other regions, will draw inspiration from
what this project has achieved," said Kieren Fitzpatrick, Director of the APF secretariat.
"While the project has established a community of skilled practitioners in the region, it has also helped
foster a new dynamic among NHRIs, state agencies and others, helping forge an environment where torture
is less likely to happen."
Date: 23 June 2016

5. Women human rights defenders recognised

Four women and women's groups have won awards from the National Human Rights Commission for their
outstanding work as human rights defenders.

National Human Rights Commission of Thailand LogoNational Human Rights Commission of Thailand

Four women and women's groups have won awards from the National Human Rights Commission (NHRC)
for their outstanding work as human rights defenders, The Nation reported.

The presentation was held to mark International Women's Day.

Honoured by the NHRC were the Women's Group for the Protection of Community Rights from Loei's
Mining Operations; Pinnapa Preuksapan, the wife of missing Karen activist Porlajee "Billy"
Rakchongchaeron; Bangkok Post reporter Achara Ashayagachat; and the Su Cheewit women's group.

NHRC commissioner Angkhana Neelapaijit said that human rights defenders deserved not just recognition
but also protection.

"We need to find measures to help protect them and support their ongoing contributions to Thailand," she
said.

In Loei, 12 women are facing charges related to their participation in a local conservation group's campaign
to block mining operations that could endanger the local environment and public health.

"Even though we are facing legal threats, we won't give up our fight. We need to protect our community for
our children and grandchildren," Ranong Kongsang, a member of the Loei group, said.

Pinnapa has won recognition for speaking up for her husband, who disappeared several years ago under
suspicious circumstances. She demanded the justice system proceed to find out who was behind his
disappearance, regardless of how complicated and exhausting the process might be.

Achara, who has long covered human right issues, said every effort to protect human rights counted.
"Speaking up is a way to prevent the problem. Speak up, and our own safety as well as community's safety
will rise," she said.

A representative of the Su Cheewit women's group said one of the main obstacles in delivering help to
women who were lured into prostitution was the problematic attitudes of many officials.

Date: 8 March 2016

D. WORLD HR ISSUES
 1. Special Rapporteur on adequate housing as a component of the right to
an adequate standard of living, and on the right to non-discrimination in
this context

The right to housing is not just a rallying cry. It, like human
rights more generally, offers concrete standards that can be
implemented and measured for progress. The results can be
transformative and can shift us away from charity toward
social justice. 
The right to adequate housing
Housing is the basis of stability and security for an individual or
family. The centre of our social, emotional and sometimes
economic lives, a home should be a sanctuary; a place to live in
peace, security and dignity.
Increasingly viewed as a commodity, housing is most importantly a
human right. Under international law, to be adequately  housed
means having secure tenure – not having to worry about being
evicted or having your home or lands taken away. It means living
somewhere that is in keeping with your culture, and having access
to appropriate services, schools, and employment.
Too often violations of the right to
housing occur with impunity. In
part, this is because at the domestic
level housing is rarely treated as a
human right. The key to ensuring
adequate housing is the
implementation of this human right
through appropriate government
policy and programmes, including
national housing strategies.

Focus of the Mandate 2014-

2017
Deeply concerned by the large and widening gap between the
standards that have been developed on the right to housing, the
Special Rapporteur will focus her work on how international human
rights norms on the right to housing can be transformed into
domestic law and policy. Particular attention will be given to some
of the most vulnerable populations: women, persons with
disabilities, migrant workers, Indigenous peoples and people living
in poverty. 
Thematically, the Special Rapporteur will focus on several issues of
importance including resource allocation and market influence on
housing, the interdependence of rights vis a vis the right to
housing- particularly the right to life, homelessness, the right to
housing in the context of the post-2015 agenda and Habitat III,
and equality and non-discrimination. 
For more details on her priorities see the report of the UN General
Assembly in 2014.   
Special Rapporteurs are independent experts appointed by the
Human Rights Council to monitor specific rights. For more
information refer to Fact Sheet N° 27: Seventeen Frequently Asked
Questions about United Nations Special Rapporteurs.

ISSUE IN FOCUS
 Homelessness: A Global Human Rights Crisis
Despite being one of
the most visible and
egregious violations
of the right to
housing,
homelessness is not
treated with the
degree of urgency
that it requires.
Millions worldwide,
in both the North
and South alike, are
struggling with
homelessness
leaving a trail of social and economic costs not easily tackled.
In her most recent report to the UN Human Rights Council, Leilani
challenged governments to commit to ending homelessness by
2030 in line with the Sustainable Development Goals.
While the appearances of homelessness may vary from country to
country, the discrimination and vilification that often accompanies
the experience of being homeless is felt gobally. In her researchm
the Special Rapporteur identified inequality and the conditions thatr
breed it as one of the chief causes of homelessness.
The common denominator in virtually all structural causes of
homelessness is government decision making inconsisten with
human rghts- neglecting or failing to respond adequately to the
needs of the most disadvantaged in response to crises or economic
developments and allowing unregulated market forces to render
large numbers of people homeless.

2. HIV/AIDS and Human Rights

Introduction : More than thirty years after the first clinical evidence of acquired immunodeficiency syndrome was
reported, AIDS has become one of the most devastating diseases humankind has ever faced. Since the epidemic
began, more than 60 million people have been infected with the virus and nearly 30 million people have died of
HIV-related causes. AIDS has become the sixth-largest cause of death worldwide.

At the end of 2009, an estimated 33.3 million people globally were living with HIV. In that year alone, there were
an estimated 1.8 million AIDS-related deaths and 2.6 million new HIV infections. Data from 2009 shows that the
AIDS epidemic is beginning to change course as the number of people newly infected with HIV is declining and
AIDS –related deaths are decreasing. This is in large part due to more people living longer as access to
antiretroviral theraphy increases, but these gains remain fragile and disparities continue to exist among countries
and within countries. Sub-Saharan Africa continues to be the region most affected with 69% of all new infections
and in seven mostly Eastern European and Central Asian countries, new HIV infection rates have increased by
25%. Furthermore, 90% of governments reported that they address stigma and discrimination in their HIV
programmes, however, less than 50% costed of budgeted such programmes. Vulnerability to HIV linked to a
number of human rights challenges remains a concern (see the 2010 Global Report on the AIDS Epidemic
(UNAIDS).

What do human rights have to do with HIV and AIDS?

Human rights are inextricably linked with the spread and impact of HIV on individuals and communities around
the world. A lack of respect for human rights fuels the spread and exacerbates the impact of the disease, while at
the same time HIV undermines progress in the realisation of human rights. This link is apparent in the
disproportionate incidence and spread of the disease among certain groups which, depending on the nature of the
epidemic and the prevailing social, legal and economic conditions, include women and children, and particularly
those living in poverty. It is also apparent in the fact that the overwhelming burden of the epidemic today is borne
by developing countries, where the disease threatens to reverse vital achievements in human development. AIDS
and poverty are now mutually reinforcing negative forces in many developing countries.

The relationship between HIV/AIDS and human rights is highlighted in three areas:

Increased vulnerability: Certain groups are more vulnerable to contracting the HIV virus because they are unable
to realize their civil, political, economic, social and cultural rights. For example, individuals who are denied the
right to freedom of association and access to information may be precluded from discussing issues related to HIV,
participating in AIDS service organizations and self-help groups, and taking other preventive measures to protect
themselves from HIV infection. Women, and particularly young women, are more vulnerable to infection if they
lack of access to information, education and services necessary to ensure sexual and reproductive health and
prevention of infection. The unequal status of women in the community also means that their capacity to
negotiate in the context of sexual activity is severely undermined. People living in poverty often are unable to
access HIV care and treatment, including antiretrovirals and other medications for opportunistic infections.

Discrimination and stigma: The rights of people living with HIV often are violated because of their presumed or
known HIV status, causing them to suffer both the burden of the disease and the consequential loss of other
rights. Stigmatisation and discrimination may obstruct their access to treatment and may affect their employment,
housing and other rights. This, in turn, contributes to the vulnerability of others to infection, since HIV-related
stigma and discrimination discourages individuals infected with and affected by HIV from contacting health and
social services. The result is that those most needing information, education and counselling will not benefit even
where such services are available.

Impedes an effective response: Strategies to address the epidemic are hampered in an environment where human
rights are not respected. For example, discrimination against and stigmatization of vulnerable groups such as
injecting drug users, sex workers, and men who have sex with men drives these communities underground. This
inhibits the ability to reach these populations with prevention efforts, and thus increases their vulnerability to
HIV. Likewise, the failure to provide access to education and information about HIV, or treatment, and care and
support services further fuels the AIDS epidemic. These elements are essential components of an effective
response to AIDS, which is hampered if these rights are not respected.

What is a human rights approach to HIV and AIDS?

Where individuals and communities are able to realize their rights - to education, free association, information
and, most importantly, non-discrimination - the personal and societal impacts of HIV and AIDS are reduced.
Where an open and supportive environment exists for those infected with HIV; where they are protected from
discrimination, treated with dignity, and provided with access to treatment, care and support; and where AIDS is
de-stigmatized; individuals are more likely to seek testing in order to know their status. In turn, those people who
are HIV positive may deal with their status more effectively, by seeking and receiving treatment and psychosocial
support, and by taking measures to prevent transmission to others, thus reducing the impact of HIV on
themselves and on others in society.

The protection and promotion of human rights are therefore essential in preventing the spread of HIV and to
mitigating the social and economic impact of the pandemic. The reasons for this are threefold. First the promotion
and protection of human rights reduces vulnerability to HIV infection by addressing its root causes. The adverse
impact on those infected and affected by HIV is lessened. Third individuals and communities have greater ability
to respond to the pandemic. An effective international response to the pandemic therefore must be grounded in
respect for all civil, cultural, economic, political, economic and social rights and the right to development, in
accordance with international human rights standards, norms and principles.

States' obligations to promote and protect HIV-related human rights are defined in existing international treaties.
HIV/AIDS-related human rights include the right to life; the right to liberty and security of the person; the right to
the highest attainable standard of mental and physical health; the right to non-discrimination, equal protection
and equality before the law; the right to freedom of movement; the right to seek and enjoy asylum; the right to
privacy; the right to freedom of expression and opinion and the right to freely receive and impart information; the
right to freedom of association; the right to marry and found a family; the right to work; the right to equal access
to education; the right to an adequate standard of living; the right to social security, assistance and welfare; the
right to share in scientific advancement and its benefits; the right to participate in public and cultural life; and the
right to be free from torture and other cruel, inhuman or degrading treatment or punishment.

The United Nations human rights instruments and mechanisms provide the normative legal framework as well as
the necessary tools for ensuring the implementation of HIV-related rights. Through their consideration of States
reports, concluding observations and recommendations, and general comments, the UN treaty monitoring bodies
provide States with direction and assistance in the implementation of HIV-related rights. The Special Procedures
of the Human Rights Council, including special representatives, thematic and country rapporteurs, and working
groups also are in a position to monitor respect for HIV-related rights. The Human Rights Council also requests the
Secretary-General to solicit comments from Governments, United Nations bodies, programmes and specialized
agencies and international and NGOs on steps they have taken to promote and implement, where applicable,
programmes to address the urgent HIV-related human rights of women, children and vulnerable groups in the
context of prevention, care and access to treatment.