The United Nations Philippines Resident Coordinator Gustavo Gonzalez, in a statement on 5 October at the 51st Session of the UN Human Rights Council, said the UN welcomes commitments by the new administration of President Ferdinand Marcos Jr. to enhance implementation of the human rights program.
However, he can’t help but note that “polarization and a deficit of trust among different actors remains a critical obstacle.”
What does this mean? Are there government elements that do not trust each other? Or does the government not trust the United Nations?
Mr. Gonzalez shared his recommendations in moving forward, emphasizing that the ultimate responsibility should be toward the victims of human rights violations and abuses, and that efforts should be focused on strengthening victim and witness support. He also recommended “increased urgency” as “justice is still needed in thousands of killings in the context of anti-drug operations.”
On 18 November 2022, Justice Secretary Crispin Remulla said the UNHRC made 297 recommendations for the Philippines, of which 200 were accepted. These included the UN Joint Programme. The Philippines also agreed to maintain a moratorium on the death penalty, prevent extrajudicial killings, conduct independent investigations, decongest prisons, further expand access to justice and protect human rights defenders and journalists.
Among the accepted recommendations was for the Philippines to rejoin the International Criminal Court. The Philippines effectively left the ICC on 17 March 2019. Secretary Remulla stated that before the Philippines rejoins the ICC, “consultations have to be made” with Congress and with former President Rodrigo Duterte, among others, and that the Philippines is unlikely to rejoin the ICC.
As the investigation against President Duterte has been restarted by the Office of the Prosecutor of the ICC, this begs the question: Does the current administration have to consult with the former president because he is the one who would be the most affected, in case the Philippines rejoins the ICC? Does this mean that the current administration is beholden to the previous administration, or are they doing the consultations out of respect and delicadeza? If so, the government is to be commended for upholding Filipino culture and values. However, upholding Filipino values should not be done at the expense of the Filipino people.
The allegations against former president Duterte are not meant to single him out. Rather, the situation has arisen because the ICC does not prosecute cases against every single perpetrator in all the alleged crimes that are being investigated. The ICC only prosecutes those considered to be the guiltiest parties. Even a serving head of state is not immune. The ICC issued arrest warrants against Sudanese President Omar Al-Bashir for genocide, war crimes, and crimes against humanity, allegedly committed in Darfur in 2003 and 2004. Al-Bashir is currently serving a sentence in a Sudanese correctional center after being convicted on graft charges by Sudanese courts.
Mr. Remulla further said the government should “think if the recommendations are practical, necessary or beneficial for our country” and not jump in and do it simply because he says so. The rejected recommendations included ones that are not feasible or are not culturally acceptable in the Philippines, which Secretary Remulla described as “having no solid basis for the country to accept.” The Secretary referred to abortion as an example of one of the rejected recommendations, saying abortion is “culturally reprehensible.”
Who can decide what represents our culture? Not the United Nations. Not the government. It is for us, the Filipino people, to show that our culture and our societal practices are meant for the betterment of our society. Let us hope that the fragmented and polarized segments of our country and our society will work together and show that we are capable of working together for the good of our country. Let us show the world that the spirit of Bayanihan still exists. Let us practice the best parts of our culture and our heritage.