House panel OKs human-rights defenders bill

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THE House Committee on Human Rights has  passed the proposed Human Rights Defenders Protection Act (HRDPA), a measure that seeks to protect the rights of Human Rights defenders—any person who, individually or in association with others, acts or seeks to act to protect, promote, or strive for the protection and realization of human rights.

House Committee on Human Rights Chairman Bienvenido “Benny” M. Abante Jr., said the objective of the measure “is to ensure that human-rights defenders are able to undertake their activities freely and without fear.”

“For them to be effective, HR defenders need to work in a safe and enabling environment, and that is what we want to cultivate with the passage of this measure,” he said.

Among the rights the HRDPA seeks to protect are: right to promote and protect human rights; right to form groups, associations and organizations; right to seek and receive and disseminate Information; right to communicate with non-governmental, governmental and intergovernmental organizations; right to  peacefu assembly; right to  freedom  of  movement; right  to  privacy; and right against vilification.

Per the HRDPA, the right against vilification states that “a person, individually and in association with others, has the right against any act of false labeling, red-tagging, name-calling, or malicious and fabricated accusations against him or her of any offense, or from any other kind of vilification.”

The HRDPA also establishes a Human Rights Defenders Protection Committee composed  of one chairperson  and  six members. The Chairperson  shall  be  selected by the Commissioners of the Commission on Human Rights (CHR) from among themselves in an en banc session.

The six  members, on the other hand, shall  be jointly nominated by two representatives  each of  the Philippine Alliance for Human Rights Advocates (PAHRA), Karapatan Alliance for  the  Advancement  of  People’s  Rights (Karapatan),  Free  Legal Assistance Group (FLAG), and the National Union of People’s Lawyers (NUPL). The aforementioned nominees shall be appointed by the CHR in an en banc session.

“As we stressed when our friends from the EU visited, the Philippines has always been at the forefront of advancing human rights,” said the lawmaker.

“This measure makes it clear that we stand steadfastly behind those who work to champion human rights, and shows the world that we will do what is necessary to enable human rights to flourish in our country.”

Albay Rep. Edcel. C. Lagman, one of the authors,  said the bill provides for rights and guarantees to fully safeguard the efforts and activities of HRDs in promoting, protecting, and fulfilling human rights.

The other HRD protection bill authors are Makabayan bloc Reps. Raoul Manuel, France Castro, and Arlene Brosas.

“The substitute bill is largely based on the Model Law for the Recognition and Protection of Human Rights Defenders with respect to the rights of HRDs and the corresponding duties and obligations of the State and public authorities,” said Lagman.

According to Lagman, the emergence of HRDs is both an indictment and a symptom of the failure and neglect of the government to fully protect, promote, and fulfill human rights. HRDs are surrogate defenders due to the government’s default in its primary obligation as the official protector of human rights.

“The tragic plight of Filipino HRDs as a result of the relentless persecution against them by the government shamefully aggravates the State’s culpable non-compliance with the constitutional mandate that the ‘State values the dignity of every human person and guarantees full respect for human rights’ ”, Lagman added.

HRDs’ work embraces the gamut of human rights advocacy: articulation of human rights from civil liberties to health, economic, and cultural rights; training and education; formation of associations; peaceable assembly; monitoring of violations; demands for investigation and accountability; ending impunity; counseling and lawyering; lobbying for protective legislation; coordinating with kindred domestic and international groups; and supporting human rights-based governance and policy.