BAGUIO CITY – After one final public consultation, the proposed Human Rights Defenders Ordinance will be set for approval by the Baguio City Council on its third and final reading.
The public consultation is scheduled for August 14, 2024 at the City Hall’s Multipurpose Hall.
Representatives from the Commission on Human Rights and the United Nations Office of the High Commissioner for Human Rights will serve as resource speakers.
Concerned sectors are invited to voice their opinions.
The consultation aims to develop a comprehensive understanding of the concept of a human rights city, following the declaration of Baguio City as an inclusive human rights city through a city council resolution.
A report based on this consultation will be prepared by the city council’s Committee on Laws, Human Rights, and Justice chaired by Councilor Jose Molintas to support the passage of the proposed Human Rights Defenders Ordinance.
The proposed measure faced questioning during the city council’s regular session on July 22, 2024. Councilor Betty Lourdes Tabanda raised concerns about why civilians are not included under its coverage.
Tabanda cited Section 4d of the proposed ordinance, which defines Human Rights Violations (HRVs).
According to this definition, HRVs include actions by governmental entities, military personnel, private corporations, and non-State armed groups that violate the rights of individuals or organizations, leading to harm such as physical or mental injury, damage to property, harm to reputation, or invasion of privacy.
“What if the human rights violation is committed by an individual? Is it not covered by the ordinance? What’s the recourse if the human rights violation is done by an ordinary person?” Tabanda inquired.
The councilor referenced cases where civilians criticize and vilify police officers and military personnel. She clarified that she supports the proposed ordinance but suggests more inclusive legislation to also protect civilians.
Rommel Daguimol, CHR-CAR Regional Director, explained that HRVs are typically committed by the State. International covenants and treaties are signed by the State, making it the primary entity responsible for HRVs through its instrumentalities such as the police and the military, he said.
Daguimol cited UN General Assembly Resolution 53/144 which states that HRVs are committed by state actors, who have the obligation to respect, fulfill, and protect human rights.
In contrast with HRVs, he said human rights abuses are committed either by non-state actors or state actors, depending on the context.
For example, abuses related to the rights of children, women, and persons with disabilities (PWDs) can be committed by either group.
“For individuals committing an actionable offense, one possible remedy is to institute criminal actions. If a non-state actor, or someone acting in collusion with a state actor, engages in the vilification of a certain person, it can be addressed as libel,” Daguimol stressed.
An actionable offense refers to a legal violation or wrongdoing for which a person can be held accountable in a court of law.
Daguimol pointed out that there are provisions under the Revised Penal Code to charge civilians committing an actionable offense.
Atty. Jerico Gay-ya, Dean of Saint Louis University School of Law, said the rights of state forces and government officials are protected by criminal law.
He noted that if police officers and military personnel are wrongfully accused, they have the right to seek legal recourse by filing a criminal case in court.
Gay-ya stressed that the proposed ordinance aims to specifically safeguard the rights of human rights defenders.
𝙇𝙚𝙫𝙚𝙡𝙞𝙣𝙜 𝙩𝙝𝙚 𝙋𝙡𝙖𝙮𝙞𝙣𝙜 𝙁𝙞𝙚𝙡𝙙
Tabanda argued that the enactment of the Human Rights Defenders Ordinance fails to level the playing field.
She said misconduct by members of state forces would be prosecuted under its provisions, while misconduct by civilians would face penalties under the Revised Penal Code, which she claimed imposes lighter punishments.
PCPT Danny Antonio of the Baguio City Police Office agreed with Tabanda, saying there should be a balance in terms of protecting the rights of civilians and law enforcers.
He mentioned that the Regional Peace and Order Council is in the process of crafting a commentary on the proposed ordinance and deferred further comments until the commentary is complete.
Responding to Tabanda’s argument, Molintas asserted that the ordinance was, in fact, made to level the playing field to protect helpless civilians against abuses from state forces.
“It is unjust when a government funded by people’s taxes violates their oath of office, such as by committing human rights violations. Therefore, we must safeguard civilians from abuses by uniformed officers.” Molintas stressed.
“As government officials, we are not supposed to be onion-skinned. As police officers, they are supposed to be exercising maximum tolerance when dealing with civilians. After all, we are in a democratic country where civilian authority resides on the civilians and not on the military or police,” he added.
𝘾𝙖𝙡𝙡 𝙛𝙤𝙧 𝙈𝙪𝙩𝙪𝙖𝙡 𝙍𝙚𝙨𝙥𝙚𝙘𝙩
Tabanda urged activists to extend the same respect to state forces and government officials that they expect in return.
“Mutual respect is essential among everyone, whether in government or not. We don’t want to be booed or vilified, and we should extend the same respect to activists,” Tabanda stated.