Constructive engagement key to addressing HR concerns in PH

By Joyce Ann L. Rocamora

July 3, 2020, 8:10 am

<p>Justice Secretary Menardo Guevarra </p>

Justice Secretary Menardo Guevarra 

MANILA – Several countries note that constructive engagement between the United Nations Human Rights mechanisms and the Philippines is key to addressing human rights concerns.

Thailand, Japan, Nicaragua, and Cambodia underscored this during the 44th session of the Human Rights Council on Tuesday where UN High Commissioner Michele Bachelet presented the Philippine human rights situation.

Thailand noted that the human rights situation in every nation is "unique" and in most cases "very complex" itself.

"We believe that constructive dialogues, as well as the provision of equal cooperation, are key to improve human rights situation and good governance in the country," it said.

Supposedly directed at Manila, Thailand said it is essential to tackle human rights challenges at the root cause by following recommendations from relevant human rights mechanisms.

But, it believes that forming a "new international accountability mechanism" must only come after a country that has exhausted all domestic mechanisms and remedies.

"As a fellow Asean (Association of Southeast Asian Nations) country, Thailand stands ready to work closely with the Philippines and relevant UN and Regional Human Rights mechanisms where appropriate to continue to promote and protect human rights for all," it said.

Japan echoed similar sentiments, saying the international community should take a constructive approach to improve the human rights situation in the Philippines.

"Japan takes note of the Philippine Human Rights Situationer. We welcome the Philippines’ dialogues with Special Rapporteurs and cooperation with stakeholders, including the EU (European Union). Japan expects the Philippines and the international community to continue constructive dialogues," it said.

It also recognized the "grave drug contamination" in the Philippines, noting it "highly values" the administration's commitment to illegal drug control and expects that accountability will be ensured.

Nicaragua, like China and the Russian Federation, backed Manila and criticized the report presented by Bachelet.

"We deplore that this report does not reflect the efforts that the Philippines has made to protect and promote human rights for its people. This Council needs to make sure that country reports are not used as a measure to undertake selective measures which go against the work of the Council," it said.

"It is important to engage in a constructive approach that respects the country instead of promoting measures which do not help our countries to establish lasting peace and security," it added.

Cambodia, on the other hand, said Manila's determination to engage with stakeholders and the international community to demonstrate its "openness and good faith to constructive dialogues and cooperation with the human right mechanism".

"The best approach to address human rights issues is engagement. Therefore, all country mandates should be established consensually with the consent and cooperation of the nation concerned. Otherwise, such methods are counterproductive and deplete the Council resources," it said.

It also reiterated that the human rights agenda must be addressed through a "genuine dialogue-based approach with non-confrontation, non- politicization and non-selectivity".

Review panel

Australia also recognized the creation of a new inter-agency panel that will investigate the deaths linked to over 5,000 anti-drug operations in the Philippines.

This, as it echoed the concerns raised by Bachelet on the reports of extrajudicial killings and other human rights violations in the country.

"(The) announcement by Justice Secretary (Menardo) Guevarra of a new mechanism is a very welcome development in this regard," it said.

It vowed to work with the government to ensure that its counterterrorism legislation "provides an appropriate framework" for responding to threats of terrorism consistent with international obligations to human rights.

Meanwhile, several states, including Denmark, Iceland, Norway, Sweden, and Finland urged the Philippine government to deepen its cooperation with the Office of the High Commissioner for Human Rights and to implement the recommendations outlined in Bachelet's report.

In the report, Bachelet cited the "widespread human rights violations and persistent impunity " in the Philippines.

She said the country had carried out a "heavy-handed" approach on countering national security threats and illegal drugs that "has resulted in serious human rights violations in the Philippines, including killings and arbitrary detentions, as well as the vilification of dissent".

Guevarra, who delivered the Philippines' statement, noted that the government takes each report with the diligence it deserves.

"Claims that there is impunity or near-impunity in the country find no anchor in a system that provides every avenue to examine, establish, and pursue a claim of wrongdoing by a State actor if such claim is substantiated with facts," he said.

He added that a report from the newly-formed review panel will be released in November 2020. (PNA)

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