SHS CSC Note 7

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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.

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