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institution of learning. In his last moments in Bagumbayan, our national hero Jose
Rizal stared at tomorrow in the eye, veered his bullet-riddled body to the right and
fell lifeless on the ground --face turned towards the rising sun in the east.1 From
the cradle to the grave, Rizal consecrated his life to fight for the human rights of
our people.
be looking at our people with a fresh eye. I urge you to use your new eye to
perceive the meaning and nuances of our continuing struggle to protect and push to
The wisdom of hindsight informs us that human rights stem from three
bedrock rights: the right to life, the right to human dignity, and the right to
*
Delivered on April 18, 2007 on the occasion of the conferment of the honorary degree of Doctor of Laws
by the University of the East.
1
Zaide and Zaide, “Martyrdom at Bagumbayan” in Jose Rizal: Works and Writings of a Genius, Writer,
Scientist and National Hero (1994).
develop.2 From the right to life springs our right to own property, to health, to
work, to establish a family. From the right to human dignity flows our right to
to develop comes the right to education, and to live in an environment that allows
There is no human without any right. The caveman and the civilized man
have the same natural rights. Human rights inhere in all of us as human beings, as
beings higher and different from other creatures. Since they are innate to man,
since they are inherent to his being, these rights are inalienable and cannot be taken
away; they are inviolable and cannot be waylaid by any might of man; their
Our history tells us that in this small patch of the earth, our forefathers
pioneered in planting the seeds of human rights when it was far from being the fad
and fashion of the day. On May 31, 1897, they established a republican
rights. With serendipity, its authors Felix Ferrer and Isabelo Artacho embedded in
it four articles which guaranteed freedom of the press, the right of association,
2
Diokno, J. A Nation for Our Children (1987), pp. 4-5.
3
Universal Declaration of Human Rights.
freedom of religion, and freedom from deprivation of property or domicile
Then came our war against the United States. American President McKinley
sent the First Philippine Commission headed by Jacob Gould Schurman to assess
President that the Filipino wanted above all a “guarantee of those fundamental
guide for the establishment of a civil government in the Philippines stated that
“(u)pon every division and branch of the government of the Philippines. . . must be
the Philippine Bill of 1902, in the Philippine Autonomy Act of 1916 or the Jones
The 1935 Bill of Rights was carried into the 1973 Constitution with a
few changes, and finally in the 1987 Constitution. As an aftermath of the martial
law regime of the Marcos government, the 1987 Constitution, enshrined a Bill of
that “(t)he state values the dignity of very human person and guarantees full
respect for human rights.” In addition, it has a separate Article on Social Justice
and Human Rights, under which, the Commission on Human Rights was created.
The horrors of the World Wars warn us that the protection of human rights
Nations (UN), declared in the Preamble of the UN Charter that their primary end
was the reaffirmation of “faith in the fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men and women and of nations
large and small,” in order “to save succeeding generations from the scourge of
war.”
The promotion of human rights is also the indispensable predicate of
peace and progress. For this reason, on December 10, 1948, the United Nations
covenants are the International Covenant on Economic, Social and Cultural Rights
and the International Covenant on Civil and Political Rights. These instruments
not only denounced nazism and fascism, but also recognized that the “security of
individual rights, like the security of national rights, was a necessary requisite to
new millennium? The end of the Cold War ended the bipolar world starring the
West led by the United States and the East led by Russia. The end result of that
as the political ideology and the triumph of capitalism as the bible of economics.
With communism out in the cold, the world awaited with bated breath the dawn of
universal peace and order. But when peace appeared to be within mankind’s grasp,
9/11 shattered to smithereens its illusion. 9/11 gave birth to new realities on
ground with grave repercussions on the human rights situation in the world,
especially the most vulnerable sector, the poor who are many, the many yet the
most impotent.
On the universal level, 9/11 altered the face of international law. As the
worst victim of terrorism, the United States led the fight to excise and exorcise
bruising aggressiveness that raised the eyebrows of legal observers. The leader
country of democracy did not wait for the United Nations to act but
found. In less polite parlance, the search and destroy strategy gave little respect
strategy which is keyed on military stealth and might had trampling effects on the
basic liberties of suspected terrorists for laws are silent when the guns of war do
the talking. The war on terrorism has inevitable spilled over effects on human
rights all over the world, especially in countries suspected as being used as havens
of terrorists. One visible result of the scramble to end terrorism is to take legal
shortcuts and legal shortcuts always shrink the scope of human rights.
leftist organizations in various provinces in the country. It also stated that in the
suffered violation of their human rights. Not to be outdone, the NPAs are also
The escalation of extra judicial killings in the Philippines has attracted the
harsh eye of advocates of human rights. The UN Commission on Rights has sent
Prof. Alston to look at the Philippine human rights situation. Some members of
the International Parliamentary Union are in town for the same purpose. Their
human rights.
your journey to improve the economic aspects of your life. I submit that the fight
against terrorism and the battle to preserve human rights have high impact on the
right of young people to live with dignity. One of its ill-effects is the massive
displacement of young people in areas where the fight against terrorism tramples
on human rights. These young people are compelled to migrate to seek greener
pastures in hostile environments and, worse where they find their human rights
subjected to new abuses with near impunity. Figures show that this problem of
displacement will get worse in the coming years because of the galloping growth
of the youth population. The United Nations predict that some 138 countries will
unemployment will skyrocket to record levels with the highest rate in the Middle
East and North Africa. The UN findings further reveal that at least 60 million
people aged 15-20 will not be able to find work and twice as many, about 130M,
cannot lift their families out of poverty. It will not take a prophet to predict that
countries that cannot give decent life to their young people will serve as
innovative view on our efforts to protect the human rights of our people which
should consider our distinct social, economic and political context. Defying the
cult of comformity and comfort, I submit that this view should consider the
One. Terrorism is just one means of violating our human rights, especially
our right to life itself, and should not consume our entire attention. Often,
terrorism attracts universal attention because of its cinematic impact – the shocking
violence, the bravado of the villains, the heroism of the victims’ rescuers, the
sickening loss of lives and property and the dominance of the animal in man.
Terrorism is terrible enough but the mindless, knee jerk reaction to extirpate the
evil is more discomforting. The quickie solution is to unfurl the flag, sing the
national anthem and issue the high pitched call to arms for the military and the
police to use their weapons of destruction under the theme victory at all cost. To
usually enact laws using security of the state to justify the dimunition of human
records of suspects. They also redefine terrorism as a crime against humanity and
the redefinition is broadly drawn to constrict and shrink further the zone of
individual rights. If there is any lesson that we can derive from the history of
military-police problem but its ultimate solution lies beyond the guns of our armed
forces.
of our national security and their impact on human rights. The scholar Michael
stranglehold of poverty in the Philippines. The World Bank says that about 15M
or 19% of Filipinos survive on less than $1 a day. Our National Anti Poverty
Commission disputes the figures and claim that only 10.5 M Filipinos live on $1 a
without difference for the cruel fact is that poverty stalks this land of plenty and
hunger is still the best food seasoning of its people. In poor countries, it is poverty
that truly terrorizes people for they are terrorized by the thought that they will die
because of empty stomachs and not that they will lose their lives due to some
invisible suicide bombers. In poor countries, it is also poverty that renders the
poor vulnerable to violation of their rights, for the poor will not vindicate their
rights in a justice system that moves in slow motion and whose wheels have to be
greased with money. And would any dare to doubt, that our national security and
our human rights are more threatened by the fear that we face an environmental
collapse if we do not take immediate steps to save our seas and our forests from
the despoliation to satisfy the economic greed of the few. Again, the realities may
be uncomfortable but let the statistics talk and they tell us that in year 2000 for
example, 300,000 people all over the world died due to violence in armed conflicts
but as many people die each and every month because of contaminated water or
Three. The threats to our national security and human rights will be
corruption, struggling with credibility, battling the endless insurgence of the left
and the right; and, by a state weakened externally by pressure exerted by creditor
countries, by countries where our trade comes from, by countries that supply our
military and police armaments. A weak state cannot fully protect the rights of
its citizens within its borders just as a state without economic independence
cannot protect the rights of its citizens who are abroad from the exploitation
Fourth and lastly, the business of safeguarding our national security, the
that is at stake, not their security. Security interest is a collective interest where
everybody has a significant stake. In the same vein, the rich and the powerful
should not consider the protection of the rights of the poor and the powerless
as peripheral problems just because for the moment their own rights are
unthreatened. Sooner or later, they will find that they who default in
protecting the rights of the many will end up without rights like the many.
The apathy of those who can make a difference is the reason why violations of
human rights continue to prosper. The worst enemy of human rights is not
its non believers but the fence sitters who will not lift a finger despite their
violations. “If we have learned anything from September 11” wrote New York
Times, columnist Thomas Friedman, “it is that if you don’t visit a bad
Our work of protecting human rights is not yet finished. With the
incursions and threats of incursion to our human rights at this crucial moment in
our history, the clarion call to each one of us is to consecrate our lives to the great
cause of upholding our human rights. When Rizal turned his face towards the
rising sun, he saw hope in a heroic people carrying on the fight. Let us not allow