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HUMAN RIGHTS AND THE GRASSROOTS
Human Rights Violations among the Grassroots
In the Philippines, the grassroots or the basic sectors of the society are more often the victims of human rights violations. This section will briefly discuss what violations these sectors are experiencing. 1. The Urban Poor The urban poor constitutes a sector in our society whose basic human rights continue to be violated. These rights include the right to life, liberty, and property; right to due process of law; right to an adequate standard of living; right to health; right to security in their homes against unreasonable searches and seizures; right to participate in decision making of programs that directly affect them. 2. The Indigenous People In the Philippines, the indigenous cultural communities are usually called the tribal people or ethnic minorities. The tribal Filipinos are traditional practitioners of the much-maligned and widely misunderstood shifting method of cultivation called kaingin. The life of a tribal community is closely woven with the forest, where they carry out their means of subsistence. After many years of encroachment by loggers, ranchers, miners, lowland migrants, and government corporations of their ancestral lands, the tribal Filipinos have found themselves more and more marginalized. The right to self-determination, right to their ancestral domains, and right to customary law have been violated. 3. The Fisherfolk Sector The fisherfolk sector is one of the most exploited sectors in the country. No substantial improvement accrued in the lives of millions of subsistence fisherfolks. Injustice at sea and among the subsistence fisherfolks became more apparent with the exploitation done by the big- scale commercial fishers. Through Presidential Decree 704, more exploitation took place in the fishery sector. It allowed the exploitation of national resources by encouraging investment that would generate capital. The fisherfolks suffer from Violation of their right to subsistence. 4. The Small Farmers Small farmers play a significant role in the Philippine economy. They are the major supplier of the country's basic staple food. As SALIGAN (nd) pointed out, they support the very economy the whole nation depends on. Despite this reality, millions of small farmers continue to suffer from poverty. Their hard work is scarcely being compensated. According to Atty. Jefferson (nd), the small farmers have the right to receive a just share of their production's fruits and live decent lives in a community with the rest of the society. The continuing poverty of these sectors sustained their battles over their rights. When are they going to enjoy the fruits of their hard work? Until when will they suffer from discrimination and marginalization? Human Rights and the Grassroots With the presence of the Universal Declaration of Human Rights, international and local legal provisions have been established to protect the grassroots. This section will identify and describe the international and local legal provisions that are supportive of their rights. 1. Human Rights and the Urban Poor Below are the existing international and local legal provisions that may be invoked to protect the rights of the poor urban sector: 1.1. Part III of the International Covenant on Economic, Social, and Cultural Rights. The Covenant recognizes the right of everyone to adequate food, clothing, and housing and to the continuous improvement of living conditions. Accordingly, the State Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent. 1.2. Article II, Sec. 9 of the Philippine Constitution The Constitution states that: The State shall promote a just and dynamic social order that will ensure prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. 1.3. Article XIII, Sec. 9 of the Philippine Constitution The Constitution provides that: The State shall by law, and for the common good, undertake a continuing program for urban land reform and housing and basic services to the underprivileged and homeless citizen. 1.4. Article XIII, Sec. 10 of the Philippine Constitution The Constitution states that: Urban and rural poor dwellers shall not be evicted nor their dwellings demolished except in accordance with the law, and a just and humane manner. 1.5. RA 7279 Urban and Development Housing Act of 1992 This is a law passed to respond to the needs and concerns of the urban poor sector, particularly on the security of tenure and adequate housing. It is designed to uplift the conditions of the underprivileged and homeless citizens by making available at affordable cost decent housing, basic services, and employment opportunities. 2. Human Rights and the Indigenous Cultural Communities Relevant legal provisions that may be used to protect the indigenous cultural communities are present. 2.1. Article’s I and VII of the Universal Declaration of Human Rights Article I of the Declaration states that: All human beings are born free and equal in dignity and rights. They are endowed with a spirit of brotherhood. While Article VII states that: All are equal before the law and are entitled without any discrimination in Violation of their Declaration and against any incitement to such discrimination. 2.2. United Nation’s International Covenant on Economic, Social and Cultural Rights Article 1 of this Covenant states that: All people have the right to self-determination. They freely determine their political status and freely pursue their economic, social, and cultural development by virtue of that right. 2.3. UN International Covenant on Civil and Political Rights Article 27 of this Covenant states that: In those States, which ethnic, religious, or linguistic minorities exist, persons belonging to such minorities shall not be denied their right, in community with other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language. 2.4. 1987 Philippine Constitution Article II, Sec 5 of the Constitution states that: The State subject to the provisions of this Constitution and national development policies and programs shall protect the rights of indigenous cultural minorities ancestral lands to their economic, social, and cultural well- being. 2.5 RA 57, known as the Comprehensive Agrarian Reform Law This RA states that: Ancestral lands of each indigenous cultural community shall include, but not limited to, lands in the actual, continuous, and open possession and occupation of the community and its members; provided that the Torrent System shall be respected. 2.6. Resolution 1803 of the UN General Assembly This Resolution provides that Violation of the rights of peoples and nations to sovereignty over the natural wealth and resources is contrary to the spirit and principles of the Charter of the United Nations and hinders the development of international cooperation and maintenance of peace. 2.7. International Labour Organization in Convention 107 Article VII of this Convention stated that: a) In defining the rights and duties of the populations concerned, regard shall be given to their customary laws; b) these people shall be allowed to retain their customs and institutions where these are not incompatible with the national legal system or the objectives of integration programs; c) the application of the preceding paragraphs of this Article shall not prevent members of these population from exercising, according to all citizens and from assuming the corresponding duties. 2.8. Philippine Constitution Article XII, Sec 5 of the Constitution states that: Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. 3. Human Rights and the Fisherfolks 3.1 National and Economic Patrimony of the Philippine Constitution Article XII, Sec 2 states that: The Philippine Constitution guarantees priority subsistence fishermen and fisher workers in the small scale utilization of natural resources. 3.2 Natural Resource Reform under Social Justice and Human Rights Article XIII, Sec 7 mandates the State to protect the rights of subsistence fishermen and local communities to the preferential use of communal marine and inland fishery resources. 3.3 Philippine Constitution Article II, Sec 19 of the Constitution states that: The State will develop a self-reliant and independent national economy effectively by Filipinos. 3.4 Republic Act 8550 or the Fisheries Code of 1998 This law provides a new perspective on the fishery sector and the fishing industry. It gives high regard to food security, proper utilization, management, development, conservation, and protection of the Philippine fishery resources. 3.5 Republic Act 66567 Agrarian Reform Law This law provides that: The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and offshore. It shall provide support through appropriate technology and research, adequate financial, production, marketing assistance, and other services. 4. Human Rights and the Small Farmers The following legal provisions support the advocacy of small farmers’ rights: 4.1 International Covenant on Civil and Political Rights The Philippines has long been a signatory of the International Covenant on civil and political rights and economic, social, and cultural rights. 4.2 Republic Act 6657 or the Agrarian Reform Law Sec 2 on the Declaration of Principles and Policies: It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and farmworkers will receive the highest consideration to promote social justice and move the nation towards sound rural development and industrialization and establish owner cultivators of economic-sized farms as the basis of Philippine agriculture. Given the provision above, the small farmers may invoke the following rights: a. A more equitable distribution and ownership of land, with due regard to the rights of landowners to just compensation and the ecological needs of the nation, shall be undertaken to provide farmers and farm workers with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agricultural lands; b. The Agrarian Reform Program is founded on the right of farmers and regular farmworkers, who are landless to own directly or collectively the lands they till or, in case of farmworkers, to receive a share of the fruits thereof. c. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives and other independent farmers' organizations to participate in the planning, organization, and management of the program and shall provide support to agriculture through appropriate technology, research, and adequate financial, production, marketing, and other support services. d. By means of appropriate incentives, the State shall encourage the formation and maintenance of economic-sized family farms to be constituted by individual beneficiaries and small landowners. e. The State may lease underdeveloped lands of the public domain to qualified entities to develop capital-intensive farms, traditional and pioneering crops, especially those for exports subject to the prior rights of the beneficiaries under this Act.