Press Statement of the Chairperson
on the Affirmation of the Right to Life
Commission on HumanRights of the Philippines
Reports of efforts to resurrect the imposition of the death penalty in the
country in the light of the recent spate of killings and appalling criminalacts resulting
in deathsofseveral persons(i.e. the Cabuyao and Calamba, Laguna massacres) have
constrained the Commission on HumanRights to re-affirm its commitment to the
righttolife.
The passage of Republic Act 9346entitled, “An Act Prohibiting the Imposition
of Death Penalty in the Philippines” in 2006 saw the Philippines’ recognition of the
supremacyof theright to life. This was after more than a decadeofstruggle of the
human rights community against Republic Act No. 7659 otherwise known as the
“Death Penalty Law”enacted in 1993.
The Commission on HumanRights has consistently been unwavering in the
affirmation of the right to life. In our advocacy against the death penalty law, the
Commission is not against serving justice to the victim. The Commission is in
agreement that perpetrators must be punished. Since the enactment of the Death
Penalty Law in 1993, there has been no sufficient proof to show that the penalty of
death has the effect of deterring crimes in the country. What has proven to be a
deterrent is certainty and not severity of punishment to which the death penalty
carries no room for humanerror, no roomforrestoration. The effect of death penalty
is irreversible.
The Universal Declaration on Human Rights reflects the consensus of the
communityofnationsthatis abolitionist in outlook. It categorically states that,
“Everyonehasthe righttolife, liberty and security ofpersons."
Consequently, Article 6 of the International Covenant on Civil and Political
Rights (ICCPR), which the Philippineshas ratified on February 28, 1986,affirms that,
“Every human being hasthe inherentrightto life. This right shall
be protected by law. No oneshall be arbitrarily deprivedofhis life.”2
Therightto life is the supremeright from which no derogation is permitted
even in time of public emergency which threatens thelife of the nation.3
More importantly, through the recent accession by the Philippines of the
Second Optional Protocol to the ICCPR,the country has not only affirmed but has
bounditself to abolish, in perpetuity, the death penalty and uphold therighttolife.
The Second Optional Protocolstates that,
“1. No one within the jurisdiction of a State Party to the present
Protocolshall be executed.
2. Each State Party shall take all necessary measures to abolish
the death penalty withinitsjurisdiction."
* Article 3, UDHR
? Article 6, paragraph 1, ICCPR
* General CommentNo. 6, paragraph 1, ICCPR
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