Never-ending struggle for human rights

The most ironic objection by the pro-Duterte groups regarding the incarceration of the former president is that this is a violation of his human rights. I call this “ironic” because Duterte has issued many statements in the past regarding his low regard for the concept of human rights. For example, on Feb. 7, 2018, he publicly said, “I don’t care about human rights, believe me.”

In another quote attributed to him, he publicly said, “I told the military and the police that during encounters, if the enemy is holding a gun, kill them. Kill them right away. Ignore human rights. That is my order. I’ll be the one to go to jail. No problem.”

I welcome all this public discussion that is centered on human rights. For once, people on both sides of the political spectrum are at least realizing that human rights is critical to them and for their own protection.

I remember when president Noynoy Aquino decided to let the Philippines join the International Criminal Court (ICC) in 2011. One of the leaders of the effort to join the ICC was Atty. Harry Roque. At that time, he wrote: “As I ponder on the future of the Philippines as the latest member of the ICC, I look back to the 11 long years that took the Philippine coalition for the ICC to finally convince the Philippines to be a member of the Court with melancholy and pride. Surely, although we cannot afford to sit long on our laurels as the path ahead remains long and winding. Be as it may, the message has been sent: no more impunity.”

He continued,” To be candid, I never thought that membership in the ICC was possible before I become geriatric. This is because of the many atrocities under both the Marcos and Arroyo regimes that remain unpunished. Well, it is always a pleasure to be proven wrong. Here, credit should go to both the Senate and President Benigno Aquino III. It was the latter who reversed the Arroyo policy of rejecting the ICC as a means of ending impunity.”

It may be hard to believe but before he became the Duterte spokesman, Harry Roque was one of the most eloquent defenders of human rights.

Human rights are the fundamental freedom and entitlements inherent to all individuals, regardless of nationality, ethnicity, gender, religion or social status. These are based on the principles of dignity, equality and respect, ensuring individuals’ freedom to live safely and justly. While various definitions have been proposed, the key elements are universality, inalienability and indivisibility.

According to the United Nations, human rights are rights inherent to all human beings without discrimination. Amnesty International defines human rights as basic entitlements ensuring freedom from abuse, discrimination and unjust treatment. John Locke, the philosopher, in his writings, emphasized natural rights such as life, liberty and property. Mahatma Gandhi advocated for nonviolence and the importance of dignity, linking human rights to social justice and equality.

Even in ancient civilizations, the concept of human rights already existed. In ancient Babylonia, the Code of Hammurabi was among the earliest examples of the protection of individual rights. The ancient Greek philosophers like Socrates and Aristotle discussed concepts of justice and equality. The major religions like Christianity, Islam and Buddhism have promoted principles of compassion and respect for human dignity.

The development of human rights in the Philippines has reflected our country’s historical struggles and socio-political changes. Even during the pre-colonial era, the Malay communities had laws that upheld communal respect, leadership accountability and social harmony. During the Spanish colonial period, the Filipino resistance movement regularly rose against oppression and inequality. Heroes like Jose Rizal, Andres Bonifacio and Gabriela Silang fought for freedom and equality.

During the American colonial period, democratic institutions and legal frameworks like the Philippine Bill of 1902 and the Jones Law of 1916 were introduced to promote civil liberties.

During martial law under President Marcos Sr., human rights abuses surged, igniting strong advocacy for the restoration of human rights. This was a tumultuous period when thousands of activists, journalists and political opponents faced arrest, torture and extrajudicial killings.

The restoration of democracy after the EDSA Revolution led to a new government with Corazon Aquino as president. The new administration sought to restore constitutional rights and ensure accountability for past abuses. President Aquino prioritized human rights protection as part of her democratic reforms.

The 1987 Philippine Constitution institutionalized the Commission on Human Rights (CHR). However, the CHR faced numerous challenges during the Duterte regime. In 2017, the CHR got a budget of only a thousand pesos. This was perceived as retaliation for the CHR’s criticism of human rights abuses linked to the government’s war on drugs.

Under president Duterte’s anti-drug campaign, thousands of suspected users and innocent bystanders were killed often in questionable circumstances. Most of the victims came from marginalized communities. There were also widespread concerns about police abuse and accountability.

The forthcoming trial of past president Duterte in the ICC will be viewed historically as a major story in the continuing struggle for human rights throughout the world.