By SHERWIN DE VERA
www.nordis.net
BAGUIO CITY — The Commission on Human Rights regional office in the Cordillera and progressive groups lauded the Baguio City Council’s continuing public engagement and commitment to pass an ordinance protecting human rights defenders (HRD) based in the city.
During the July 11 public consultation on the proposed legislation, lawyer and CHR-CAR director Romel Daguimol said they “have been clamoring for this for quite some time because we have experiences of [HRD rights violations] in Baguio.”
If passed, it will be the second local government legislation protecting HRDs after the passage of a similar measure by the city government of Isabela in Basilan.
Youth Act Now Against Tyranny Baguio-Benguet also expressed support for the passage of the ordinance, calling it “a significant step towards safeguarding the rights and well-being of human rights defenders in Baguio City.”
“By providing a comprehensive legal framework with regulatory and protection mechanisms, and concrete support for human rights defenders, the ordinance ensures that they can carry out their work without fear of threats and intimidation,” the group said.
After 14 years of negotiations, the UN General Assembly adopted the Declaration on Human Rights Defenders by consensus in 1998. The document defined HRDs as “individuals or groups who act to promote, protect or strive for the protection and realization of human rights and fundamental freedoms through peaceful means.”
The city council generally adopted the definition.
Nearing approval
Councilor Peter Fianza, one of the ordinance’s proponents and committee chair on laws, justice, and human rights, said they are inching closer to its passage.
“The proposed ordinance has been published and approved during the second reading before publication. So, what will happen now is to present the proposal to the council for second reading after publication,” he said.
The councilor explained that this is “where most of the debate will come in, incorporate the suggestions and rationalize the proposal to come up with the final version.” He is hopeful that the discussion will go smoothly.
“After this and its publication, basically, the ordinance is good as approved because it will return to the council for third reading where there is no debate,” Fianza said.
Unique legislation
Daguimol said the penal provision of the Baguio HRD ordinance makes it unique. The one passed by Isabela City has no such section.
“This is what we have been lobbying, to have greater teeth, not just defining what vilification or violations of against human rights defenders are but to come up with some mechanism of redress and penalties to make it more effective,” he added.
Compared to the Isabela City ordinance, the Baguio HRD ordinance also defined political vilification and red tagging. The proposed legislation recognized that these are comparable to acts considered human rights violations and abuse.
In the preparatory statements, the authors stated: “Human rights defenders and civil society community in Baguio experienced and documented cases of human rights violations including but not limited to political vilification, unfounded red-tagging, and terrorist-labeling, harassment….”
Barangay Pacdal Human Rights Action Officer Mario Delos Reyes also welcomed the crafting of the ordinance and the city council’s efforts to make it inclusive through consultation.
“It is good that we have this venue to scrutinize all the provisions, so the ordinance will not be half-baked. This ordinance is important because it makes human rights protection a community concern,” he said.
The former Saint Louis University teacher and union leader also appreciated the inclusion of red tagging, citing his experience of being a victim despite having two sons in the military.
Casselle Ton of the Cordillera Human Rights Alliance also commended the provisions on sanctuary for high-risk HRDs and the legal and psychological assistance for victims.
“These would greatly help HRDs who have fallen victim to rights violations and their family, especially those that experience relentless attack for their work and advocacy,” she added.
“Support with reservations”
PMaj Aileen Bugnosen, Baguio City Police legal officer, expressed support for the ordinance “with reservations in certain provisions.”
“We recognize the intention in passing this ordinance. Rest assured that BCPO, with or without the ordinance, will always uphold our mandate to enforce the law and respect human rights,” the police lawyer said in mixed Tagalog and English.
However, she did not identify these provisions, saying they would submit a formal comment to the council.
“Considering that Congress has not passed the proposed bill on HRD and the PNP during the deliberations of that proposed bill has already communicated its reservations in so far as BCPO is concerned,” she added.
In November 2022, Philippine National Police Human Rights Affairs Office chief Vincent Calanoga said during the House of Representatives Committee on Human Rights hearing that there is no need for legislation specific to HRDs. He argued that existing laws are enough to give them protection. Last March, the proposed bill protecting HRDs hurdled the committee. # nordis.net
