2020 Annual Report on the Human Rights Situation in the Philippines
352
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Violators of ordinances, especially on health protocols, should be immediately released to
avoid further exposure to COVID-19 virus. Prosecutors and law enforcers should work
closely on this matter.
To the Judiciary
353
Under the State’s responsibility to guarantee a) equality before the law, b) the presumption
of innocence, c) the right to a fair and public trial by a competent and impartial tribunal,
and d) the right to a speedy trial, the Commission recommends that the Judiciary:
a
Develop jurisprudence that is in accord with international human rights obligations
and adopt the principles espoused in the Declaration on Human Rights Defenders
as part of the law of the land. This includes invalidating provisions of the AntiTerrorism Act of 2020 that violates international human rights law.
b
Promulgate decisions that uphold the rights of HRDs;
c
Implement Rules of Procedure for Human Rights Violation Cases that provide for:
(i) Expedited procedural processes that facilitate the immediate disposition of human
rights cases;
(ii) Immediate issuance of protective orders;
(iii) Limited appeals and allowable motions;
(iv) The speedy promulgation of judgments; and
(v) An effective mechanism for the execution of judgments.
354
d
Conduct continuous training and education programs for judges, court attorneys,
court officers, and law practitioners on human rights and fundamental freedoms,
including those specific to HRDs;
e
Set up a legal aid system for the support and protection of HRDs.
Immediate implementation of the Community Service Act (RA 11362) that allows
community service in lieu of service in jail, as penalties for offenses punishable by arresto
menor (one to 30 days imprisonment) and arresto mayor (one month and one day to six
months imprisonment). RA 11362 was signed into law on 8 August 2019.
To the Department of Agriculture
355
Spearhead the purchase of products from ICC/IP communities to be sold in DA Kadiwa
centers and other markets; and considering the size of lands owned by the indigenous
communities, the DA should make their programs, such as the “Plant Plant Plant”
Programs, IP-inclusive to make ancestral domains agriculturally productive even during
the quarantine period. However, these programs should be aligned to the Ancestral Domain
Sustainable Development and Protection Plans (ADSDPPs) of concerned indigenous
communities or their community plans, in the absence of ADSDPPs.
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