training on your rights

Transcription

TRAINING ON YOUR RIGHTS:
Modules on Monitoring Economic,
Social and Cultural Rights
At the very core of human dignity is the
interplay of Economic, Social and Cultural
(ESC) Rights with Civil and Political Rights
(CPR). All human rights are interrelated, build
on, and reinforce each other.
ESC entitlements should never be withheld or
taken away from any human being, for
without these rights, women, men and
children cannot realize their full human
potentials. Furthermore, these rights cannot
be enjoyed piecemeal, nor exercised in half
measures: the absence or deprivation of one
right necessarily curtails the enjoyment and
exercise of the other rights.
These rights are inherent in each person, but in
real life, these rights are not automatically
secured nor guaranteed. Women, men and
children individually or (better yet)
collectively, should demand for and claim these
rights.
Training on Your Rights consists of four
modules that will equip people, especially at
the grassroots, with the skills to monitor the
realization or abuse of their rights. Also
included are monitoring tools that can be used
to document the extent of fulfillment of – or
deficiency in – their ESC Rights.
It is hoped that these modules and tools will
enable communities not only to keep track of
the government’s human rights performance,
but also to actively lay claim to their various
entitlements when these are not fulfilled or
are violated.
With the support of Terre des Hommes – France (TDHF)
Philippine Human Rights Information Center
(PhilRights)
#53-B Maliksi St., Brgy. Pinyahan 1100
Quezon City, Philippines
Tel. (+632) 433-1714 and (+632) 436-5686
E-mail: [email protected]
Website: www.mtb-mrj.com/philrights
Copyright 2006
Researchers / Writers
Carla Santos
Bernardo D. Larin
Pepito Frias
J.M. Villero
Nymia Pimentel-Simbulan Dr P.H.
Consultants
Max de Mesa
Prof. Felice Yeban
Atty. Carlos Medina Jr.
PhilRights Staff
Editors
Luis Gorgonio
Bing Camacho
Design and Lay-out
Arnel Rival
Philippine Human Rights Information Center (PhilRights)
#53-B Maliksi St., Brgy. Pinyahan 1100
Quezon City, Philippines
Tel. (+632) 433-1714 and (+632) 436-5686
E-mail: [email protected]
Website: www.mtb-mrj.com/philrights
ISBN 971-8898-14-X
These modules have been completed and published with the
assistance of Terre des Hommes – France.
TABLE OF CONTENTS
Foreword
Message from Terre des Hommes – France
Acknowledgement
Introduction
PART 1
Basic Human Rights and ESC Rights Orientation ..............................................................................................
Introduction of Participants and Facilitators ......................................................................................................
1
4
Module 1
Basic Human Rights Education: Concepts and Principles ..................................................................................
5
Module 2
Economic, Social, and Cultural Rights .............................................................................................................
27
Appendices
.............................................................................................................................................
43
Monitoring and Documenting ESC Rights ........................................................................................................
49
PART 2
Module 1
ESC Rights Activism .....................................................................................................................................
52
Module 2
Monitoring Government Compliance with its ESC Rights Obligations ...................................................................
58
Module 3
Data Gathering and Documentation Techniques ...............................................................................................
64
Module 4
The ESC Monitoring Tools ..............................................................................................................................
71
Appendices
74
.............................................................................................................................................
PART 3
PhilRights’ ESC Rights Monitoring Tools .......................................................................................................... 79
Barangay Interview Schedule ......................................................................................................................... 80
Household Interview Schedule ........................................................................................................................ 97
ESCR Incident / Case Report Form ................................................................................................................. 115
i
FOREWORD
E
CONOMIC, social and cultural rights (ESCR) form the very foundations of human dignity. These are
entitlements which guarantee that socio-economic opportunities are made available, accessible and
affordable by the State in order for its citizens to live a life that befits a human being. Enjoying the rights
to food, work, education, health and housing are necessary for people to live decently and for them to
develop. However, when men and women cannot find jobs which provide just wages; when people cannot
afford to buy food or are unable to access food for themselves and their families; when parents cannot
send their children to school; when individuals are not able to access basic health/medical services, this
means that not only is their existence inhuman, but also that their economic, social and cultural rights are
violated. These conditions indicate failure on the part of the State to fulfill its human rights obligations to
its citizens and entail the urgency for citizens to claim their rights to realize their dignity.
Knowing one’s human rights is a necessary condition for people to claim and assert them. Having a firm
grasp and understanding of basic human rights concepts, principles and approaches provide people with a
tool that will guide them towards appropriate action. Knowledge or information is a source of power
which, when properly handled and used by peoples and communities, can lead to desired changes and
improvements in their environments.
In a country like the Philippines where human rights violations persist due to the State’s failure to protect,
respect and promote human rights, sustained human rights education and information dissemination are
highly critical in raising peoples’ capabilities to assert and defend their rights. Equipping them with
knowledge and skills will enable them to engage the government to comply with the numerous international
human rights treaties it has ratified by formulating and implementing pro-people laws, policies and
programs; allocating the necessary resources; establishing appropriate mechanisms and structures;
ensuring the active and meaningful participation of the people; and intervening to prevent and/or stop the
violation of the peoples’ rights and freedoms.
In the case of economic, social and cultural rights (ESCR), a familiarity with the definition, scope, legal
bases, nature of State obligations, standards and indicators, and monitoring and documentation of human
rights violations, will help people’s organizations and communities conduct their advocacy and organizing
activities in a more effective manner. Existing ESCR-related laws, ordinances, policies, structures and
mechanisms can be maximized and utilized in the promotion of these rights. Moreover, the peoples’
struggles for a dignified human existence can be further advanced when they are better armed with solid
data in the conduct of dialogues and negotiations with government officials and agents.
This publication, Training on Your Rights: Modules on Monitoring Economic, Social and Cultural Rights, is a
contribution of the Philippine Human Rights Information Center (PhilRights) to the advancement of the
people’s struggle for human rights by raising their capabilities in the conduct of human rights work in their
communities. We hope that the target audience of the material, i.e. leaders and members of NGOs,
people’s organizations, local communities, etc., will find the different modules relevant to their needs and
useful not only in the realization of their economic, social and cultural rights, but of their full human
potentials.
Nymia Pimentel Simbulan, Dr PH
Executive Director
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MESSAGE
F
ROM the start, Terre des Hommes-France has supported PhilRights on economic, social and cultural
rights. The grassroots approach was so relevant and it was so obvious that the methodology could be
used in any given country, that we were immediately enthused by the project. Along with some members of
the team, we visited the French Embassy, the European Representation in the Philippines, only to discover
that ESC rights were not necessarily on their agendas. But we decided we would fund the project.
Each time we had the opportunity, we promoted PhilRights’ work: at social forums, at summer universities
or with our partners around the world. Everywhere, PhilRights’ work was acclaimed. The standards and
indicators were just the yardstick necessary to measure the progress of ESC rights among those who
needed it most: the disadvantaged, the women, the children, all members of society who suffer first and
most seriously from the onslaught of the liberal economy and globalisation.
Educating the basic sectors and any one who had a hand in monitoring the ESC rights was the logical
consequence of the research work. With these modules, a set of performing tools has been evolved. I am
sure they will prove as adequate and absolutely necessary as the set of indicators.
We thank PhilRights for their commitment to and for their excellent work on human rights. We thank them
for disseminating and sharing their work so generously. We do hope this partnership will be fruitful for
years to come.
Lysiane André
President
Terre des Hommes-France
iii
ACKNOWLEDGEMENT
T
HIS training manual on economic, social and cultural (ESC) rights is the result of a series of consultations, writing, critiquing and re-writing by PhilRights staff, network organizations, and supportive individuals. For almost a year, different persons and groups have shared resources and expertise that made
possible the printing of this book. For this, PhilRights recognizes the contributions of the following:
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Terres Des Hommes France (TDHF) for its partnership with PhilRights on ESC rights advocacy;
Carla Santos, who initially drafted these modules;
Aurora Parong, former Executive Director of Task Force Detainees of the Philippines (TFDP), for
offering their resource materials as references;
Armando Paragat, former Research and Documentation Officer of TFDP for his initial input;
Professor Felicidad Yeban of the Philippine Normal University for critiquing and enriching the ESC
modules;
Max de Mesa of TFDP for his valuable suggestions on the content and structure of the modules and
for his critique and input during the pretesting of the modules;
Atty. Carlos Medina, Jr. of the Ateneo Human Rights Center for his contribution on the modules and
for his presentation and suggestions during the pretesting of the modules;
The different organizations - Payahagang Obrero-Bukluran ng Manggagawang Pilipino, Commission
on Human Rights, Foodfirst Information and Action Network, Medical Action Group; Philippine
Alliance of Human Rights Advocates; Damayan ng mga Pilipinong Api; KAMMPIL; Amado V.
Hernandez Resource Center; WISE-ACT; Polytechnic University of the Philippines-Human Rights
Office; Urban Poor Associates; Philnet-RDI; University of the Philippines-Institute of Human Rights;
Families of Victims of Involuntary Disappearances; Zone One Tondo Organization and Kongreso ng
Pagkakaisa ng Maralitang Tagalungsod (KPML) - that actively participated in the pretesting of the
ESC modules on January 19-21, 2005;
The Education Network (E-net) who helped organize the workshop in October 2005 to review and
polish the indicators for the right to education and its member organizations who participated in
this workshop;
Kongreso ng Pagkakaisa ng Maralitang Tagalungsod (KPML) for facilitating the pre-testing of the
ESC tools in their various areas in Malabon City.
The member organizations of working groups on the right to housing, labor, health, education, and
food for their contribution in the PhilRights ESC research and in formulating the indicators for these
rights;
Atty. Ibarra M. Gutierrez III who acted as resource person during the pretesting of the modules;
Luis Gorgonio for the initial editing of the modules;
Bing Camacho who made the final editing of the modules;
Arnel Rival for the layout of this book;
To the people and organizations we failed to mention, our sincerest thanks and apologies;
Finally to the staff and officers of PhilRights, for their dedication and hard work.
iv
INTRODUCTION
P
HILRIGHT’S work on economic, social, and cultural rights (ESC) started with its research on grassroots
and Philippine-based indicators for monitoring the fulfillment or violations of these rights.
This study had a share in introducing and mainstreaming these rights in the consciousness and agenda of
the human rights community, other non-governmental and peoples’ organizations, and government
institutions, including the Commission on Human Rights (CHR).
But PhilRights’ program on ESC rights does not end with the identification of indicators, its main target is to
assist people’s organizations, development workers, and friendly local officials and personnel to set up and
operationalize a community-based monitoring system for these rights using these indicators.
Thus, we came up with these modules which we believe will be useful in building up the capabilities of key
community actors not only in keeping track of the government’s performance vis-à-vis its human rights
obligations but also in asserting these entitlements through various means and venues.
The modules, divided into two sets, feature four major parts:
The first is a comprehensive discussion on human rights with a special focus on ESC rights, while the
succeeding theme deals with the roles of indicators and monitoring activities in human rights advocacy.
The third major portion of the modules aims to equip the participants with conceptual and practical
knowledge on data collection and documentation, and the last part are exercises to guide the participants
on how to use the PhilRights ESC Monitoring Tools and to further improve these instruments.
Naturally, we also included in this publication a copy of the ESC monitoring tools that could be freely used
by advocates in the field for their documentation efforts.
As mentioned in the modules, the information gathered through monitoring are clear and undeniable
evidences of accomplishments and - more often than not - neglect and violations of ESC entitlements.
These data can be used as reference and basis for other actions such as filing legal cases, sending
complaints to proper bodies, dialogues and negotiations, lobbying, and popular campaigns to strengthen
the recognition and enforcement of these rights.
Lastly, we hope that through these modules and tools, PhilRights has contributed a potent weapon to the
arsenal of human rights advocacy instruments.
v
Modules on Monitoring Economic, Social and Cultural Rights (ESCR)
BASIC
HUMAN RIGHTS
AND ESC RIGHTS
ORIENTATION
1
2
General Objective
Outline of Topics
These modules aim to:
Module I. Basic Human Rights Education:
Concepts and Principles
a) enhance the participants’ understanding
of basic human rights concepts and
principles, particularly economic, social
and cultural (ESC) rights;
b) provide guidelines/pointers in engaging
the State to ensure the respect,
protection, and fulfillment of human
rights.
1.1. Definition of Human Rights
1.2. Basic Principles
1.3. Historical Development of Human
Rights
1.4. Categories of Human Rights
1.5. Legal Embodiment of Human Rights
1.6. State Obligations
1.7. Human Rights Protection and
Remedies
Specific Objectives
Module 2. ESC Rights in Focus
To know how to:
2..1. Definition and Nature of ESC Rights
2.2. Development of ESC Rights
2.3. Legal Embodiment of ESC Rights
2.4. State Obligations and Violations under
ICESCR
2.5. ESC Rights Protection and Remedies
• explain the concept of human rights and
its development);
• identify the international and national
legal bases for ESC rights;
• describe the basic features of ESC
rights as applied to their lives as
individuals and in their respective
communities.
3
the same time, emphasize the need
for group conduct: participate in the
activities when called for; share ideas
and experiences; listen and respect
other ideas and points of view. This
sets the mood for a healthy exchange
of opinions and debates.
Introduction of Participants & Facilitators
Aims to set a participatory learning
atmosphere where every participant is willing
to share his/her own thoughts and to partake
of the ideas and experiences presented by
the other learners in the spirit of individual and
collective sharing and learning.
c. Read aloud each expectation and
post each on the board according to
information/knowledge, skills and
attitudes.
The introduction serves as an opportunity for the
participants and facilitators to level off on their
expectations of the course, including the learning
and teaching methodology that will be used.
d. Discuss or line up which of the
expectations will be addressed, and
explain when, if ever, other
expectations may be addressed in
the next set of modules or in other
related trainings.
ACTIVITY 1 (1 HOUR) - “I AM ME”
Materials:
Bond paper
Pencils, crayons
Masking tape
Meta cards
Markers
White board/marker
e. Discuss the general outline of the
course.
Variation
1. Ask each participant to think of an
adjective that best describes him/
herself that starts with the same letter
as his/her given name or nickname.
PROCEDURE
2. Ask each participant to share what s/he
has come up with.
1. Each participant shall be asked to: (a)
draw his/herself on a sheet of paper, (b)
write his/her expectations ; and (c) write
his/her name at the bottom of the
paper.
2. Each participant shall be asked to
present his/her drawing.
3. The facilitator/trainer shall process the
activity as follows:
3. Write down their expectations on craft
paper or whiteboard.
4. Process the activity (refer to No. 3
procedure above).
a. Note and acknowledge the
particularities of each person in terms
of personality, experience, education,
knowledge, attitude, etc;
b. Explain that these particularities will
play an important part in each
participant’s grasp of the course. At
4
Module 1 - Basic Human Rights
Education: Concepts and Principles
4. After 20 minutes, each group will
present their outputs to the plenary.
5. Facilitator/s shall acknowledge the
outputs.
Objectives
To be able to:
1. explain human rights and its basic
principles;
2. explain the historical development of
the concept of human rights;
3. identify international and local
instruments as legal embodiments of
human rights
DISCUSSION
PROCESSING
1. Ask the following questions to elicit
more insights: (Write answers on the
board or on craft paper)
Time Allotted: 4 hours
Methodologies
1. Buzz group
2. Lecture-discussion
ACTIVITY
·
·
Materials: marker, craft paper/acetate,
overhead projector
·
PROCEDURE
·
1. Divide the participants into groups.
2. Create a scenario. Example: You died in
an accident. Before you get
reincarnated, you have to go to an
island. The members of each group will
live in the same island and they have to
agree on some rules: fundamental
freedoms and rights by which the
group members want to live after they
have been reincarnated.
3. Write each freedom and right on a craft/
Manila paper.
• What do the choices of rules and
rights tell us?
• How do the rules of the groups differ
from each other?
• What were the most controversial
items in your group discussion?
• Do the freedoms apply to everyone on
the island?
• If we have this discussion twenty years
hence, would we still agree on the
same fundamental freedoms and
rights?
• Are these freedoms and claims
universal? Are they the same for
everyone, irrespective of who you are,
of time, of geographical location or
any other situation?
2. Give inputs on the topics. Always refer
to the different outputs (which must
remain posted on the board) to prove a
point, or to point examples, in order to
arrive at a common understanding of
human rights.
5
Human rights are inalienable. They cannot
be separated, transferred, taken away, lost or
surrendered regardless of who or what the
person does.
INPUT
HUMAN RIGHTS (HR) DEFINITIONS
·
·
·
·
·
Human rights are indivisible. All human
rights—civil, political, economic, social, and
cultural—are co-equal and all-important. They
are entitlements to the totality of a person as
a human being, and thus, cannot be divided
into parts.
• A set of guarantees for humans not
only to exist but also to live with all the
necessary conditions that befit a
rational being. (TFDP lexicon)
• Human rights are inherent in our
nature, without which we cannot live as
human beings. These include basic
needs and essential qualities and
requirements that allow every person
to grow and develop.
• Human rights make individuals humans.
They constitute the essence of one’s
humanity.
• Human rights serve as the foundation
of a life of dignity. They are birthrights
which every person is entitled to by
virtue of being human.
• Human rights are normative
standards/guideposts by which States
are to conduct themselves when
relating to their citizens/constituents.
Human rights are interrelated and
interdependent. Human rights are mutually
dependent and exist in a reciprocal
relationship. The enjoyment or fulfillment of
one right is often dependent on the enjoyment
of other rights. Likewise, when one right is
violated, more often than not, other rights are
violated as well. They are sources of other
rights, e.g. from the right to life springs other
rights like the right to food and water, right to
work, right to a healthy environment, right to
shelter/housing, etc.
Human rights are imprescriptible
imprescriptible. They do
not have any time limit; no expiration period.
HISTORICAL DEVELOPMENT
OF HUMAN RIGHTS
Human Dignity (Foundation
of Human Rights)
• Everyone is born with human dignity.
Human dignity is inherent and inborn,
inalienable and indivisible. Human
dignity is the totality of all human rights
which makes a person whole.
Human Rights before the
Twentieth Centur
Centuryy
· • The concept of human rights began way
before the Universal Declaration of
Human Rights (UDHR) in 1948 was
enacted. Its origins can be traced from
the beginnings of human society when
people had to set rules or guidelines on
how to relate and treat each other to
attain harmony and order in a community.
With the emergence of social
stratification and class society, it included
the relationship between the ruled and
the rulers, the people and the State.
BASIC PRINCIPLES
Human rights are inherent. They are innate,
natural, and inborn in every person. They are
not granted by any authority.
Human rights are universal. They equally
belong to every human being everywhere
regardless of race, color, age, sex, language,
religion, class, political belief, or social origin.
· • The Hindu Vedas, the Babylonian Code of
6
Hammurabi, the Bible, the Koran, and
the Analects of Confucius are five of the
oldest written sources that address
people’s duties, rights, and
responsibilities.
· • In the 18th and 19th centuries in Europe,
several philosophers proposed the
concept of “natural rights,” which are
rights of a person by nature as a human
being; not by virtue of citizenship in a
particular country or membership in a
particular religious or ethnic group. In
the late 1700s, two revolutions
(American and French) drew heavily on
this concept.
· • The Inca and Aztec codes of conduct
and justice and the Iroquois Constitution
were Native American sources that
existed long before the 18th century.
· • The concept of human rights has also
existed in European thought for
centuries. Documents such as England’s
Magna Carta (King John) cites codes that
later came to be considered as human
rights. Among them were:
· • In 1776 most of the British colonies in
North America proclaimed their
independence from the British Empire in
a document called the U.S. Declaration
of Independence which states that
“…all men are created equal…”
- the rights of all free citizens to
own and inherit property and be
free from excessive taxes
- the right of widows who owned
property to choose not to remarry
- the right to due process and
equality before the law
· • In 1789, the people of France overthrew
their monarchy and established the first
French Republic which came out with
the “Declaration of the Rights of Man.”
7
· • The Magna Carta (1215), the English Bill
of Rights (1689), the French Declaration
of the Rights of Man and Citizen (1789),
and the US Constitution (1791) were the
predecessors of 20th century human
rights instruments. However, many of
these documents failed to recognize the
rights of women, children, people of
color, and members of certain social,
religious, economic, and political groups.
· • The village chief was the administrative
leader of the community, not an absolute
ruler.
· • Slavery was a practice among the
people of the Cordillera. It was a welldeveloped and lucrative business
especially in the mining areas. Slaves
owned by mine owners for instance can
be put to death for running away,
thievery or disobedience.
• The idea of human rights gained more
prominence and recognition after World
War II as a response to the atrocities
committed by States against
defenseless people. The United Nations
General Assembly adopted the Universal
Declaration of Human Rights (UDHR) on
December 10, 1948 as standards that
all peoples of the world must enjoy and
governments must uphold.
· • Adultery, “simple fornication” and mere
dalliance with females were offenses
that were punished according to the
gravity and repetitive counts of the
crime or offense. Failure to comply with
the imposed penalty allows the husband
or family of the offended woman to
exact retribution. They could, for
example, legally seize the first animal
owned by the guilty man. (Practiced by
the Igorots of the Cordilleras.)
History and Development of Human
Rights in the Philippines
· • Abortion was a normal practice among
the Igorots of the Cordilleras.
Pre-Colonial Period
The origin of human rights can be traced to
the early practices and rules that governed
the relationship between the leaders and the
people.
· • The offspring of any unusual birth (e.g. by
breech or if the umbilical cord was
looped around the baby’s neck), or a
newborn with deformities were put in a
basket and left to die exposed to the
elements. These infants were believed
to “(have) tried to kill their mother” or
will grow up ill-fated or handicapped.
Infanticide was also practiced by the
women and allowed by the community
particularly in cases of women who gave
birth frequently since this interfered with
their economic activities.
· • Relationships and conduct of behavior
between individuals were guided by both
customary and written laws, procedures
and practices which were interpreted
and adjudicated by older men /elders of
the community. This was the case
particularly among the indigenous
peoples (IPs) of the Cordilleras.
· • Laws, both customary and written, dealt
with numerous areas such as
inheritance, divorce, usury, partnership,
crime and punishment, property rights,
family relations, adoption and loans
(Agoncillo, 1990, p. 41).
· • Payment of fines was ordinarily the
penalty for breaking the law including
major crimes like homicide, adultery and
larceny. Among the Igorots, capital
punishment was imposed for adultery or
similar acts.
·
8
• The concept of private ownership of land
was absent during pre-colonial times.
The chiefs merely administered the
lands in the name of the barangay.
· • Among the Muslims, a combination of
communal ownership and private
possession is indicated in the Muslim
“Code of Luwaran.” There is no mention
of acquisition or transfer of lands by
private individuals or of sale of lands,
although there is a provision regulating
the lease of cultivated lands.
encomenderos, gobernadocillos and
cabezas, often abused their offices
by collecting more than the law
required and pocketing the
difference. In response, people
defied the authorities by refusing to
pay the tribute demanded. Because
of the resistance/refusal,
encomenderos often had to send
soldiers to collect. Many of those
who did not pay or could not pay
were tortured or imprisoned.
2 ) Polo or forced labor – Rules
regarding the polo like—provision of
¼ real a day plus rice to each polista;
the polista should not be taken to
distant places or to work during the
planting and harvesting seasons;
government cannot use the polista if
voluntary Chinese labor was
available—were violated with
impunity especially when the
exigencies of war required the
recruitment of large labor pools to
chop trees for construction of ships.
3 ) Bandala – This consisted of the
assignment of annual quotas to each
province for the compulsory sale of
products to the government. In
many instances, since the colonial
government did not have sufficient
funds, the bandala meant virtual
confiscation; a form of taxation
without representation.
· • During the pre-Spanish period, women
were equal to men by virtue of customary
laws. They had the right to own and
inherit property, engage in trade and
industry, be a successor of the chieftain
of a barangay in the absence of a male
heir. They also had the exclusive right to
give names to their children, and as a
sign of respect, men walked behind
women when accompanying them
(Agoncillo, 1990, p. 36).
Spanish Colonial Period (1521-1898)
· • Filipinos during the Spanish colonial rule
enjoyed very limited rights and
freedoms since the colonizers, i.e. both
the State and the Catholic Church,
viewed and treated them as subjects,
barbarians and savages. The Spanish
colonizers throughout the period of
colonization imposed numerous
exploitative and unjust rules and
requirements which affected the
economic, political, and social
dimensions of life of the native
population.
· • Three of the most hated requirements
imposed by the Spanish colonizers
were:
· • To facilitate the administration of the
colony, the colonizers curtailed the
1 ) Payment of tribute – Tribute
collectors like the alcaldes mayores,
9
large rosaries, soiled scapulars, but in
good conduct, clean conscience, and
upright thinking. You have also
discovered that it is not goodness to
be too obedient to every desire and
request of those who pose as little
gods, but to obey what is reasonable
and just, because blind obedience is
the origin of crooked orders and in this
case both parties sin........ (Rizal, 1963,
pp. 12-13).
freedom of movement of the natives
through the imposition of the policy of
resettlement or reduccion which
concentrated population in larger villages.
The Spanish friars primarily carried out
this practice. However, there was much
hostility and resistance against the
reduccion because it seriously affected
the source of livelihood of the natives
who were primarily subsistence farmers
who needed to live closely to the land
they cultivated and its environs where
they could hunt and fish to supplement
their diet.
· • The oppressive character of Spanish
colonial rule provided fertile ground for
the natives’ struggle for political and civil
liberties through both peaceful and
violent means. Among the dominant
demands of the many revolts in various
parts of the country were equal rights in
the exercise of religion, right to land,
non-discrimination and equality before
the law, a stop to abusive impositions
and institutions of the colonial
government like forced taxation and
labor, etc.
· • Land grabbing or outright land
confiscation by friars through the
imposition of the titulos reales as basis
of land ownership was prevalent. The
friars demanded legal proof of ownership
of land from the natives which they did
not have since their claim to land was
based on de facto possession.
· • Even women, who were viewed and
treated as inferior beings and second
class citizens, were encouraged to make
their voices heard during the Spanish
colonial period. The article of Rizal
entitled Message to the Young Women of
Malolos on February 1889 described the
native women’s status and awakening
during the Spanish colonial period.
· • The people’s struggle for the recognition
and respect of their rights as humans
culminated with the formation of two
important movements which eventually
led to the overthrow of the Spanish
colonial rule, namely:
a) Propaganda Movement - Its
objective was assimilation, i.e.,
conversion of the Philippines into a
province of Spain and extension of
the rights enjoyed by the Spaniards
to the Filipinos. (See appendix B for
examples of views on political and
civil liberties of the Propagandistas.)
[…] The Filipino woman no longer
bows her head and bends her knees;
her hope in the future is revived; gone
is the mother who helps to keep her
daughter in the dark, who educates
her in self-contempt and moral
annihilation. It is no longer the highest
wisdom to bow the head to every
unjust order, the highest goodness to
smile at an insult, to seek solace in
humble tears. You have found out that
God’s command is different from that of
the priest, that piety does not consist
in prolonged kneeling, long prayers,
b) Katipunan – Its battle cry was
complete freedom from Spain.
· • Human rights concepts were evident in
the ‘Kartilya ng Katipunan’ written by
Emilio Jacinto. Specifically, the fourth
10
item in the Kartilya points out that:
Maitim man o maputi ang kulay ng balat,
lahat ng tao’y magkakapantay;
mangyayaring ang isa’y hihigtan sa
dunong, sa yaman, sa ganda...; ngunit di
mahihigtan sa pagkatao. (All men are
equal, be the color of their skin black or
white. One may be superior to another in
knowledge, wealth and beauty, but
cannot be superior in being.) The
eleventh item stated: Ang babae ay
huwag mong tingnang isang bagay na
libangan lamang, kundi isang katuwang at
karamay sa mga kahirapan nitong buhay .
. . .(Think not of woman as a thing merely
to while away time with, but as a helper
and partner in the hardships of life…..)
· • A controversial aspect of the Malolos
Constitution which generated a lot of
debates was the provision making
Catholicism the religion of the State
which was eventually defeated
(Agoncillo, 1990, pp. 206-207).
American Colonial Period (1898-1935)
· • The Filipino peoples’ struggle to assert
their independence, human rights and
freedoms against colonizers persisted
under the American occupation of the
Philippines in 1898.
· • The Instruction of April 7, 1900 of Pres.
William McKinley, Philippine Act of 1902
under which the country was governed
by the US, the Philippine Autonomy Act
of 1916 (Jones Law) extended to the
Philippines the constitutional guarantees
of the American Bill of Rights (J. Bernas,
1971).
· • Nine months after the outbreak of the
Philippine Revolution of 1896, a
republican government was established
in Biak na Bato. On Nov. 1, 1897, the
Constitution of Biak na Bato recognized
human rights of individuals such as
freedom to choose one’s religion; right
of association; freedom of education;
freedom of the press; exercise of all
types of profession, arts, trades and
industries; and freedom from arbitrary
detention. (See Appendix C for notes on
Biak na Bato Constitution)
· • Like the Biak na Bato Constitution,
human rights concepts and principles
were also articulated in the Malolos
Constitution of 1899. Article 20 states
that: “Neither shall any Filipino be
deprived of the right to freely express
his ideas or opinions, orally or in writing,
through the use of the press or other
similar means; of the right of association
for purposes of human life and which are
not contrary to public morals; and lastly,
of the right to send petitions to the
authorities, individually or collectively.
The right of petition shall not be
exercised through any kind of armed
force.
· • Philippine history under the American
colonial rule is replete with events
demonstrating the people’s struggle to
assert and defend their rights and
freedoms in the midst of massive
military campaigns of repression, laws
against sedition, and other coercive
measures to ensure stability of the
colonial social order. Violations of human
rights were common occurrences.
11
Examples are:
1) Male of at least 21 years old
2) Resident in their district for at least
6 months
3) Either held office prior to August 13,
1898; owned real property worth
500 pesos or could read, write or
speak English or Spanish
4 Torture of suspected insurrectos, e.g.
beatings, water cure, body dragged
behind galloping horses, rope cure
(long piece of rope was wrapped
around the neck and torso of the
victim. A stick was placed between
the coils of rope and slowly twisted to
give the effect of a garrote.)
· • During the American colonial rule, even
the Filipino writers’ freedom of
expression demonstrated through the
presentation of drama, as a means of
reminding the people of their freedom
and independence, was curtailed. Wellknown dramas like Aurelio Tolentino’s
Kahapon, Ngayon at Bukas (Yesterday,
Today and Tomorrow), Juan Matapang
Cruz’s Hindi Ako Patay (I am not dead),
Juan Abad’s Tanikalang Ginto (Gold
Chains), and Severino Tolentino’s Walang
Sugat (Not Wounded), were proscribed
by the American authorities from being
shown in public. Aurelio Tolentino, in
particular, was arrested and jailed for
advocating independence in his play
(Agoncillo, 1990, p. 379).
4 Burning of villages, massacre of men,
women and children, e.g. burning of
Samar as ordered by Gen. Jake Smith
(1901-1902)
4 Declaration of a state of insurrection
with the suspension of the writ of
habeas corpus in some provinces of
the archipelago, specifically Batangas
and Cavite on Jan. 31, 1905.
4 Imposition of laws which greatly
curtailed the rights and freedoms of
the people:
1. Sedition Law (1901) – death or
lengthy prison term for anyone
advocating independence from the
US or using seditious language
2. Brigandage Act (1902)- membership
in armed bands was meted out with
death or prison term
3. Reconcentration Act (1903)reconcentration of inhabitants of
“infested”areas in the poblacion or
larger barrios (‘strategic hamlets’)
4. Flag Law – prohibiting the display of
the Philippine Flag from 1907-1919
· •
Philippine Commonwealth Period
(1935-1942)
· • After the Autonomy Act of 1916, the
next significant step in the development
of Philippine constitutional history was
the enactment of the Philippine
Independence Law or the TydingsMcDuffie Law. This law guaranteed
independence and authorized the
drafting of a Philippine Constitution.
However, like its predecessor, the HareHawes Cutting Bill of 1933 which was
rejected by the Philippine Legislature in
1933, the Tydings-Mcduffie Law
contained the same objectionable
provisions which would only grant the
country nominal independence.
The enjoyment or exercise of certain
rights such as the right of suffrage was
limited or selective during the early
years of American colonial rule. For
instance, in the election of the 1st
Philippine Assembly in 1907, qualified
voters should possess the following
attributes:
· • The Constitutional Convention of 193435 with Claro M. Recto as President,
12
produced the 1935 Philippine
Constitution which established the
Commonwealth of the Philippines on
Nov. 15, 1935 under the leadership of
Manuel L. Quezon. Subsequently, it
became the Constitution of the Republic
of the Philippines when the US finally
granted “independence” on July 4,
1946.
· • A major problem which confronted the
country during the Commonwealth
period was the agrarian question
considering that the majority of the
people then were peasants who
depended on the cultivation of the land
for their livelihood. The land tenure
system kept the peasants who were
either inquilinos (cash or leased tenants)
or kasamas (share tenants) in a condition
of bondage (Constantino, 1975, p. 346).
also obeyed without question; locals
were to be friendly to Japanese military
personnel and civilians; and disturbing
the peace and spreading rumors were
acts punishable by death (Constantino,
1978, p. 56).
· • Mass poverty, high taxes, usury,
oppressive treatment by caciques,
frustrations of the tenants’ hopes of
acquiring plots of their own,
dispossession of poor farmers through
land-grabbing, fraudulent titling and other
legal trickeries employed by the rich and
powerful — all these formed the
backdrop for a new upsurge of peasant
unrest in the 20s (Constantino, 1975, p.
349).
· • On Jan. 13, the Japanese issued another
proclamation listing 17 acts punishable
by the death penalty to ensure the
docility of the local population. The list
included such acts as sedition, rumormongering, destruction of military
property, polluting drinking water,
robbery and looting, concealment of
clothing to avoid its being
commandeered by the military, and
possession of firearms (Constantino,
1978, p. 56).
Japanese Occupation (1942-1945)
• Rape of women was also very common,
as evidenced by the phenomenon of
“comfort women” during the Japanese
occupation of the country, as well as in
other Asian countries like Korea, China
(Constantino, 1978, p. 58).
· • Under the Japanese rule, Filipinos lived in
an atmosphere of fear, prejudice,
uncertainty and repression. Civil liberties
were curtailed and abuses were
committed by the members of the
Japanese Imperial Army and the
Kempetai (Military Police). The Japanese
colonizers made clear their rules and
policies which if violated would entail
serious reprisals or punishment. Among
the rules imposed were: the occupying
forces should not only be respected but
· • Civilians had no right of redress
especially since the filing of complaints
would normally fall on deaf ears and
would invite reprisals. Fort Santiago
became synonymous for torture which
was practiced by the Japanese military
13
with consistency and intensity. Beatings,
hanging with both hands and feet tied
like a pig, “water cure”, pulling of
fingernails and toenails, pouring of
gasoline on the extremities and burning
them, applying hot irons on sexual
organs, were among the forms of torture
used by the colonizers (Constantino,
1978, pp. 58-59).
· • Freedom of speech and of the press
were declared by the colonizers as
having no place in the New Order. They
likewise controlled the educational
system and used it as tool in remolding
the minds of the local populace or what
they called “spiritual reformation”.
Bayan Laban sa Hapon (Hukbalahap) or
Huks, a peasant-based guerilla
organization as an “enemy” and a threat
to the Commonwealth. The Huks were
discriminated and isolated and its
leaders such as Luis Taruc, Casto
Alejandrino, etc. were later arrested and
jailed.
· • Filipino resistance persisted all
throughout Japanese occupation. These
included USAFFE guerrillas, Alejo Santos’
Bulacan Military Area (BMA), Free
Philippines formed by the Civil Liberties
Union (CLU) to gather intelligence
materials for the guerrilla units, Free
Panay Force under Lt. Col. Macario
Peralta, and the Hukbo ng Bayan Laban
sa Hapon or HUKBALAHAP under the
leadership of the Partido Komunista ng
Pilipinas.
· • The US Congress decided that Philippine
elections should be held not later than
April 23, 1946 and that the new
president should take office not later
than May 28, 1946. The Democratic
Alliance (DA), established by the Huks,
Free Philippines, Blue Eagle,
Pambansang Kaisahan ng mga
Magbubukid, and other nationalist
organizations, united based on a
common anti-collaborationist sentiment
and a desire for reform, was a new
element in the 1946 Philippine
elections. Its social program consisted
of the following:
Post WW II (1945-1946)
· • The famous landing of Gen. Douglas
MacArthur in Leyte on Oct. 20, 1944
signaled the defeat of the Japanese
occupation army and the “liberation” of
the Philippines. But in truth it was also
the re-establishment of American control
on the nation which Filipinos gladly
accepted, seeing the Americans as their
“liberators.” Three days after
MacArthur’s landing, he issued a
proclamation re-establishing the
Commonwealth government in the
Philippines (Constantino, 1978, p. 151).
/ Enforcement of an 8-hour working
day
/ Standardization and increase of
workers’ wages
/ Equitable share of the harvest for
tenants (60-40)
/ Recognition of all trade unions and
peasant organizations
/ Right to collective bargaining
/ Provision of loans for tenants and
· • Gen. MacArthur regarded the Hukbong
14
proprietors to eliminate usury
/ Protection against land grabbing
and eviction of tenants and small
proprietors
in the ownership and operation of public
utilities..” (Constantino, 1978, p. 199).
•
· • The 1946 elections made Manuel Roxas
the last President of the Commonwealth
and the first President of the Philippine
Republic.
Philippine Republic (1945 – 1972)
Roxas Regime (1945-1948)
· • The transformation of the Philippines
from an American colony to a neocolony
during the post WW II era had
implications in the
state of the people’s
fundamental rights
and freedoms. The
implementation of the
Bell Trade Act passed
by the US Congress in
1945 ensured 28
years of colonial
pattern of trade
relations between the
Philippines and the
US. This perpetuated the situation where
we continued to export raw agricultural
products and mineral ores subject to
quotas imposed by the US, on one hand,
but allowing the unlimited entry of
imported American manufactured goods
into the country, consequently
forestalling the independent industrial
development of the country.
Repressive measures were directed
towards the Huks and their sympathizers
during the Roxas regime. In many parts
of Central Luzon, the Military Police (MP)
and civilian guards raided Huk barrios,
arrested and tortured suspected
“lawless elements” and shot others. In a
report submitted by the PKM to Pres.
Roxas, the former charged that in barely
2 months after the election, the MP and
civilian guards had killed more than 500
peasants and peasant leaders and had
jailed or tortured 3 times that number
(Constantino, 1978, p. 207).
Quirino Regime (1948 – 1953)
· • One of the earliest acts taken by Pres.
Quirino upon his assumption into the
presidency was addressing the rebellion
in Central Luzon by holding talks and
negotiating with the
leaders of the PKP.
However, nothing
significant came out
of these negotiations.
The state employed
repressive measures
such as mass
evacuations of
suspected barrios,
arrests, torture,
executions without trial, and looting.
Meanwhile, the Huks punished or
executed spies and informers.
· • Most onerous provision of the Bell Trade
Act was the “Equal Rights” or parity
amendment which obligated the
Philippines to grant US nationals and
corporations the same rights as Filipinos
in the exploitation of the country’s
natural resources, “rights to acquire land
of the public domain, to acquire grazing,
fishing and mineral rights, and to engage
· • Quirino won over Laurel in the 1949
presidential elections. It was also during
this period that the detrimental effects
of the Bell Trade Act on the Philippine
economy was greatly felt with the
dwindling of foreign reserves and huge
balance of payment deficits primarily
because of the influx of imported
American goods.
15
· • An important legislation passed by
Philippine Congress during the Garcia
administration was the Anti-Subversion
Law which outlawed communism in the
country.
Magsaysay Regime (1953-1957)
· • Several land reform laws such as the
Agricultural Tenancy Act of 1954
(granting tenants the freedom to choose
the system of tenancy under which they
would want to work) and the Land
Reform Act of 1955, were formulated
during the Magsaysay regime. However,
these were ineffective in addressing the
tenancy system in the country.
Macapagal Regime (1961-1965)
· • The pro-American policies of the
Macapagal government like the import
substitution policy, peso devaluation,
lifting of exchange and import controls,
were disastrous for the local economy. A
Land Reform Code was also enacted
during this regime, although it was
riddled with loopholes favorable to the
landlord class. The Code provided for
the replacement of the share tenancy
system into the agricultural leasehold
system.
· • It was during the Magsaysay regime that
the country’s sovereignty was further
compromised with the conclusion of
several agreements
like the Laurel-Langley
Trade Agreement
which amended the
Bell Trade Act and
signed by the US &
Philippine
governments on Dec.
15, 1954. Whereas
the Bell Trade Act
limited American
parity privileges to exploitation of natural
resources, the LL Agreement expanded
the privilege by opening the entire range
of the economy to domination of US
corporations.
Marcos Regime (1965-1972)
· • Like its predecessors, the Marcos
administration was riddled with problems
related to economics, governance,
peace and order. It was notorious for
police brutalities on
innocent citizens that
in April 1967, a group
of eminent lawyers
formed themselves
into the Citizens’
Legal Assistance
Committee to protect
the rights of victims
of police abuses and
brutality who were
willing to testify
against gangsters in uniforms. Local
government officials, media persons,
judges and prominent citizens who had
the courage to expose the illegal
activities of politicians were summarily
executed or liquidated with the
murderers escaping with impunity.
· • RA 1700 or the Anti-Subversion Law was
passed. The law mandates the death
penalty for individuals found guilty to be
members of the CPP or those who took
up arms against the government
(Diokno, 1987, p. 58).
Garcia Regime (1957-1961)
· • Garcia was well-known for his “Filipino
First Policy” which called for the
adoption of guidelines giving preferential
treatment to Filipinos in the allocation of
foreign exchange, setting-up of
enterprise in a field controlled by nonFilipinos.
· • Numerous protest actions like
16
demonstrations, rallies were staged by
various sectors during the Marcos years.
Among these were student
demonstrations against the Philippine
involvement in the Vietnam war,
presence of US bases in the country,
graft and corruption, increases in prices
of gasoline, etc.
Among the human rights groups and
institutions which emerged during this
period were the Task Force Detainees of
the Philippines (TFDP), Medical Action
Group, Inc. (MAG), Kapisanan Para sa
Pagpapalaya at Amnestiya ng mga
Bilanggong Pulitikal sa Pilipinas
(KAPATID).
· • The human rights movement contributed
much in breaking the climate of terror
imposed by the Marcos regime by
assisting people’s organizations in their
struggles. Later, these struggles would
mushroom and merge into a broad antidictatorship struggle, culminating in the
February 1986 EDSA People Power
uprising.
Martial Law Period (1972-1986)
· • On September 21, 1972 by virtue of
Proclamation 1081, Pres. Marcos
declared martial law throughout the
archipelago. The Philippine Congress
was abolished concentrating legislative
powers in the hands of the President
· • With civil rights and the Philippine
Congress suspended and his enemies in
detention, Marcos brought in a new
Constitution in 1973, replacing the
Congress with a National Assembly and
extending the term of the President to
six years with no limit on the number of
terms.
through the issuance of decrees,
general orders and letters of
instructions. Following Proclamation
1081, the President issued General
Order 2-A ordering the Secretary of
National Defense Juan Ponce Enrile to
arrest and detain persons who
committed “crimes and offenses in
furtherance or on the occasion of or
incident to or in connection with the
crimes of insurrection and rebellion.”
(Agoncillo, 1990, p. 573).
· • With pay increases and selective
promotions, Marcos made the armed
forces under General Fabian Ver his
personal political machine. With his wife
and friends, he established monopolies
and cartels in the agricultural,
construction, manufacturing and financial
sectors that extracted billions from the
Philippine economy. By the time Marcos
was ousted from power in February
1986, the Philippines was a much
poorer country than when he first took
office in 1965.
· • The Philippine human rights movement
came into being during the terror-filled
days of martial rule (1972-1985) under
the dictatorship of Ferdinand E. Marcos.
Its objective was to defend the civil and
political rights of the people from the
onslaughts of the Marcos dictatorship.
· • The notoriety of the martial law rule was
demonstrated in the proliferation of
human rights violations by the AFP and
para-military groups. Side by side the
use of deception through the statecontrolled mass media was the use of
17
coercive and repressive means to
silence the people and suppress
dissent. Cases of illegal arrest and
detention, torture, zonings and
saturation drives in urban poor
communities, hamletting, extrajudicial
killings or salvagings, involuntary
disappearances, massacres, food
blockades, physical and economic
displacements abound during the martial
law years.
· • A strategy employed under the Aquino
regime to combat the insurgency
problem in the country was the
American-sponsored low-intensity
conflict (LIC) which resulted to massive
human rights violations. Millions of
people were physically and economically
displaced, communities deserted, and
farms abandoned, due to heightened
militarization and bombardments in
suspected insurgent bailiwicks and
controlled areas. Examples of these
were Oplan Lambat Bitag in Marag
Valley, Cagayan and Oplan Thunderbolt in
Negros Occidental.
Post-ML and the Aquino regime
(1986-1992)
· • In 1987, a year after the downfall of the
dictatorial regime of Marcos, the Aquino
government paved the way for the
drafting and promulgation of a new
Constitution. The civil and political rights
as well as the economic, social and
cultural rights of the Filipino people were
penned in Article 3 (Bill of Rights) and
Article 13 (Social Justice and Human
Rights) of the 1987 Constitution.
· • It was also under the Aquino regime when
paramilitary, anti-communist vigilante
groups proliferated and endorsed by the
government. Among the groups which
were active in harrassing and sowing fear
among rural population were the Tadtad,
Alsa Masa in Davao City, Nakasaka in
Davao del Sur, Kristyano kontra
komunismo (KKK) and KADRE (Kalihukan
sa Demokratikong Reporma) (Clark,
Horne, McGehee, et. al, 1987).
· • The January 1987 Mendiola massacre
was another human rights incident
attributed to the Aquino government
where about 27 farmers were killed in a
demonstration calling for the
implementation of genuine agrarian
reform.
CATEGORIES (CLASSIFICATION)
OF HUMAN RIGHTS
· • Embodied in Article XIII of the 1987
Constitution was the creation of the
Commission on Human Rights (CHR)
mandated to promote human rights in
general and to investigate civil and
political rights violations and to monitor
government compliance with its
international human rights treaty
obligations.
·
• Human rights may be classified into
several ways:
According to source
Natural Rights – Rights which are God-given.
They may be unwritten but acknowledged by
everyone as morally good. According to John
Locke, primitive man existed in “a state of
18
nature” where they enjoy life, liberty and
“property rights” which are deemed as natural
rights. For example, at the Nuremberg Trial,
prosecutors invoked natural rights in response
to the argument raised by the defense that
there is no crime unless there is a pre-existing
law condemning the act as a crime.
concern, to run for public office, etc.)
Examples:
Articles 1-21 (Civil and Political Rights).
Free and equal in dignity and rights; nondiscrimination; life, liberty and security
of person, no slavery, no torture,
recognition as person before the law,
equality before the law, effective
remedy, no arbitrary arrest, fair trial,
presumption of innocence; no
retroactive penal laws, privacy, freedom
of movement, exit and re-entry, asylum,
nationality, marriage and family,
property, freedom of conscience and
religion, freedom of opinion and
expression, freedom of assembly and
association, and participation in
government. (Universal Declaration of
Human Rights, UDHR)
Constitutional Rights – Rights enshrined in
the Constitution. They cannot be disregarded
unless the Constitution is amended or
changed.
Statutory Rights – Rights which are provided
by law, promulgated by a law-making body,
and therefore may be abolished by the same
body.
According to recipient:
Individual Rights – Rights accorded to
individuals such as the right to life,
education, health, work; right of suffrage;
freedom of expression; freedom from
torture, cruel or degrading treatment and
punishment; freedom of expression; right to
speedy trial; etc.
Articles 1-3: Self-determination, nondiscrimination, equal rights for men and
women. (Int’l Covenant on Civil and Political
Rights, ICCPR)
Articles 6-27: Right to life, no torture, no
slavery and forced labor, liberty and
security of person, humane treatment
when deprived of liberty, no imprisonment
for debt, freedom of movement, exit and
re-entry, rights of aliens, fair trial, no
retroactive penal laws, recognition as
person before the law, privacy, freedom of
conscience, freedom of expression, no
hate propaganda, freedom of assembly,
freedom of association, protection of the
family, rights of children, participation in
the government, equality before the law;
non-discrimination, and rights of minorities.
(ICCPR)
Collective Rights – These are also known as
peoples’ rights or solidarity rights enjoyed by
groups of people or only in the company of
others. For example, the right to
development, self-determination, a healthy and
balanced environment, ancestral domain, etc.
According to aspects of life:
a. Civil Rights – Rights which the law
accords to private individuals for the purpose
of securing the enjoyment of their means and
happiness (e.g. right to life, freedom of
expression, association, speech, movement,
right to marry and form a family, etc.)
c. Economic and Social Rights – Rights
which the law confers upon the people to
enable them to achieve social and economic
development, thereby ensuring their wellbeing, happiness and financial security. (e.g.
b. Political Rights – Rights which enable an
individual to participate (directly or indirectly)
in running the affairs of the government (e.g.
right to vote, information on matters of public
19
rights’) and their realization requires global
cooperation based on the notion of
international solidarity.
right to work and just compensation, right to
property, health, food, etc.)
d. Cultural Rights – Rights that ensure the
well-being of the individual and foster the
preservation, enrichment and dynamic
evolution of national culture based on the
principle of unity in diversity in a climate of
free, artistic and intellectual expression. (e.g.
right to participate in cultural life; right to
cultural identity, among others)
Collective rights respect, protect, and fulfill
the freedoms and entitlements of a group of
people with common socio-economic,
political, and cultural status in society.
LEGAL EMBODIMENT OF HUMAN RIGHTS
ACTIVITY
Examples:
Economic rights – property, shelter,
work, housing
Social rights – adequate standard of
living, right to marry
Cultural rights – participation in cultural
life, copyright, cultural identity
Materials: Paper and Pen/Pencil, hat or tin or bag
PROCEDURE
1. Each participant will write on a piece of
paper a title/description of a law or
instrument that s/he thinks guarantees
the protection, respect and fulfillment of
his/her rights.
2. Ask all participants to put the pieces of
paper in a hat, bag or tin or any
container. Mix the pieces of paper.
3. Invite each participant to get a piece of
paper, one at a time, from the hat and
read aloud the title, description of a law
or instrument written on the paper.
4. List on the board the titles or
description of a law that was read by
each participant.
• UDHR
Articles 22- 26 of the UDHR refer to ESC
rights i.e., work, rest and leisure, standard
of living, education.
• Int’l Covenant on Economic, Social,
and Cultural Rights (ICESCR)
Articles 1-3: Self-determination,
progressive realization, equal rights of
men and women
Articles 6-15: Work, conditions of work, trade
and union rights, social security, protection of
family, mothers and children, standard of living,
health, education, implementation of primary
education, and culture
DISCUSSION/PROCESSING
1. After a significant number of titles,
descriptions or laws have been read and
listed, ask participants to identify and explain
the rights guaranteed by those laws.
e. Solidarity Rights
The right to development, the right to
environment and the right to peace are so
called ‘rights of solidarity.” These are new
rights that were not expressly recognized by
the 1966 Covenants. It is often assumed that
these rights should benefit not only individuals
but also groups and peoples (‘collective
2. Ask if participants had experiences
where they felt their rights were violated
but did not know those rights ought to
be protected, respected, or fulfilled
through the different laws or instruments
listed on the board.
20
International Covenant on Civil and Political
Rights. (Adopted in December 15, 1989;
Entered into force July 11, 1991*)
INPUT
*An instrument, e.g. covenant or convention, is
enforced after the required number of member
states, which has ratified it, has been obtained.
The International Bill of Human Rights (IBHR)
consists of the following:
Universal Declaration of Human Rights
(December 10, 1948)
STATE OBLIGATIONS
International Covenant on Civil and Political
Rights (ICCPR) (Adopted in December 16,
1966; Entered into force on March 23,
1976*)
ACTIVITY
Materials: Case studies
International Covenant on Economic,
Social and Cultural Rights (ICESCR)
(Adopted in December 16, 1966; Entered
into force on January 3, 1976*)
PROCEDURES
1. Split the participants into Groups A, B,
C, and D
2. Give copies of Case Study 1 to Groups
A and B. Read.
3. Give copies of Case Study 2 to Groups
C and D. Read.
First Optional Protocol to the International
Covenant on Civil and Political Rights
(Adopted in December 16 1966; Entered
into force March 23, 1976*)
Second Optional Protocol to the
Case Study No. 1
Davao City – At least 30 chemical pesticides, already banned in their countries of origin, are still
being used in agricultural plantations here, according to Dr. Romeo Quijano, president for the
Philippines of the International Group Pesticide Action Networks (PAN).
Among the banned chemicals is Paraquat, a highly toxic synthetic substance used as herbicide on
crops, such as bananas, pineapples, sugarcane.
Paraquat is marketed here as “Gramoxone.” It has already been banned in European countries like
Austria, Denmark, Finland, Slovenia, Sweden and in Switzerland.
The banned chemicals used in banana plantations and other farms are putting the lives of
thousands of Filipino workers at risk, Quijano warned.
The PAN cited the case of Jeffrey Abella, 24, a banana plantation worker in Calinan District, who
used to think that the job of his co-workers was far too easy than harvesting bananas.
One day, he felt sick and dizzy and had to be hospitalized. The worker assigned to do it was
absent that day, prompting the plantation lead man to pull Abella, a contractual worker, out of his
harvesting job to handle the seedlings.
But unlike the worker he replaced, Abella was not given mask, gloves or apron to wear.
Barely two hours of handling the seedlings, he felt so sick that workers had to rush him to the
21
hospital.“I felt dizzy, my skin and my nails turned blue, the hair of my skin stood on ends and I
had trouble breathing,” Abella told reporters.
Physicians at the Davao Medical Center later diagnosed him of “chemical pneumonitis,” a kind of
lung inflammation caused by exposure to chemicals.
“Clearly a case of chemical poisoning,” said Quijano.
But no one knew for sure what chemical had poisoned Abella because the plantation where he
worked refused to disclose it despite repeated requests by Abella’s physician.
Quijano, a toxicologist, said Abella’s case was just the tip of the iceberg. Around 25 million
agricultural workers in poor countries are poisoned by pesticides every year, resulting in 220
deaths.
“This means that one of the 48 crop workers poisoned by pesticides dies every minute,” said
Quijano, who is also a professor at the University of the Philippines College of Medicine.
In the Philippines, he said, some 806 pesticides had been registered as of December last year. Aside
from Paraquat, the banned chemicals used in the country are methyl bromide, lindane and
tridemorph.
Paraquat, he said, was traded in the country as gramoxone, a highly toxic substance with no
known antidote.
Once it enters the body, Paraquat can harm the lungs, liver and kidney. It can also cause severe
dermatitis, second-degree burns and nosebleeds. Quijano said that in the Philippines alone,
around 2,000 to 3,000 cases a year of acute symptoms are reported. This excludes symptoms that
take months or years before they manifest, Quijano said. (Germilina Lacorte, “30 banned pesticides
still used in Davao farms, says UP doctor,” Philippine Daily Inquirer, January 17, 2005)
Case Study No. 2
Legazpi City - One of the six water sources here was tested positive for fecal coliform contamination
while another was tested positive for significant levels of harmful chemicals.
The results came from tests made by a multi-agency team composed of the Commission on Human
Rights-Bicol, Legazpi City Health Office, Center for Health Development (CHD)-Bicol and Legazpi
City Water District (LCWD).
The agencies conducted the tests to evaluate the quality of drinking water in the city.
William Sabater, CHD-Bicol sanitary engineer IV, revealed in his report that water from the
Capungohan Spring in Barangay Buyoan and another water sample taken from a faucet of an
LCWD consumer in Barangay Pinaric were positive of feces.
The Capungohan Spring yields the biggest flow of freshwater that supplies households in this city.
“There is no adequate sources protection in the vicinity of the spring. There are dwelling houses
near it and people do their laundry washing and bathing in the area,” Sabater said.
22
He added that some of the households maintain pigpens in the area and there are no diversion
canals for run-offs from these areas during heavy rains.
The concrete manhole cover over the spring box is broken, rendering the water tank open to any
contaminant.
The team also found excessive amounts of calcium and magnesium carbonate from water samples
taken from Mabini Well No. 2.
According to Sabater, water with excessive amounts of these chemicals is not suitable for drinking
as magnesium and calcium salts have a “laxative effect.”
Excess chemicals “The hardness level of water in Mabinit is not alarming, although it nearly
exceeded the national drinking water standard, because the well is interconnected, with other
sources—therefore its hardness is diluted by the softer water from other wells,” he explained.
Sabater recommended the rehabilitation of the spring area through the construction of perimeter
diversion canals to prevent surface run-offs from contaminating the water sources.
He also suggested a rule to prohibit the entry of any person inside the spring and well complex to
prevent contamination.
He also suggested that water sources be treated with chlorine to make sure the water that flows into
the pipes of households in the city is safe to drink.“I also suggest tree-planting activities in the area
for watershed protection,” he added. (Jed Ll. Bacason, “Legazpi water sources yield feces,
chemicals in tests made by team,” Philippine Daily Inquirer, January 13, 2005)
4. Each group will identify the rights
mentioned or implied in the case studies
and the corresponding duties and
obligations of the government in relation
to the rights.
5. Write the answers on craft/Manila paper
and present these to the big group.
INPUT
TRINITY OF STATE OBLIGATIONS
Obligation to Respect. Requires refraining
from interfering with the enjoyment of the
right.
Ex. Government fails in its obligation to
respect if it enacts laws or lays down
measures that will cause the disintegration of
an ancestral domain land.
1. Check the output of the groups and see
if they missed out anything important.
2. Help the groups categorize the State
obligations according to the three (3)
State obligations: respect, protect
and fulfill.
3. Explain the meaning of each category of
obligation. Refer to the examples in the
output or use some examples from the
module.
Obligation to Protect. Requires the prevention
of violations of such rights by other persons
or third parties.
Ex. The government failed to protect farmers
Francisco Marasigan and Maximo Carpinter.
On February 18, 1997, seven security guards
from Sentenile Security Agency barged into
the house of Marasigan and shot him and
23
Nature of Human Rights Violations by the
State:
Carpinter. The two farmers were opposing
the Harbourtown Farm lots Subdivision &
Eco-Tourism Development Project in
Nasugbu, Batangas.
1. Omission – the non-interference or inaction
of the State in any situation that requires
action to respect, protect or fulfill the human
rights of its citizens
Obligation to Fulfill. Requires States to take
appropriate legislative, administrative,
budgetary, judicial and other measures
towards the full realization of such rights.
2. Commission/Breach – any act by the
government in violation of any covenant or
instrument on human rights which the State
is committed to uphold
Ex. During a Congressional committee
hearing on November 4, 2004, the National
Housing Administration (NHA) stated that it
has not yet devised a relocation plan for the
residents living along the CaloocanValenzuela railroad tracks. This despite the
fact that the residents were about to be evicted
to give way to the North Rail Transit project
and under the Urban Development Housing
Act (UDHA), urban poor communities are
entitled to relocation if their area will be used
for government projects.
3. Arbitrary Derogation – violations due to
arbitrary suspension of liberty (e.g.,
emergency rule, martial rule, authoritarian
regime/state)
HUMAN RIGHTS PROTECTION: LOCAL
AND INTERNATIONAL REMEDIES
Constitutional Mechanisms
ELEMENTS OF STATE OBLIGATIONS
The Judiciary – both the higher courts
and lower courts are mandated by the
Constitution to apply laws and settle
disputes concerning legally recognized
rights that should be claimed and
protected. (Sec.1, Art. VIII)
Obligation of Conduct requires action
reasonably calculated to realize the enjoyment
of a particular right (Ex. Right to health – the
obligation of conduct is to involve the
adoption and implementation of a plan of
action that will reduce maternal mortality).
The Ombudsman – The Ombudsman
and his deputies, as protectors of the
people, shall act promptly on complaints
filed in any form or manner against public
officials or employees of the
government, or any subdivision, agency
or instrumentality thereof, including
government-owned or controlled
corporations, and shall, in appropriate
cases, notify the complainants of the
action taken and result thereof.
(Sec.12, Art. XI)
• While the full realization of the
relevant rights may be achieved
progressively, steps towards that goal must
be taken within a reasonably short time
after the Covenant’s entry into force for the
States concerned. Such steps should be
deliberate, concrete and targeted as clearly
as possible towards meeting the obligations
recognized in the Covenant.
Obligation of Result requires States to achieve
specific targets to satisfy a detailed
substantive standard. (Ex. Right to health –
the obligation of result requires the reduction
of maternal mortality to levels agreed at the
1994 Cairo International Conference on
Population and Development and the 1995
Beijing World Conference on Women).
The Commission on Human Rights –
This was created to provide legal
measures and conduct investigation of
its own or upon complaints of individuals
or groups of people whose civil and
24
political rights are being violated. The
Commission also has the obligation to
monitor the government’s compliance
with its international treaty obligations on
human rights, e.g. ICCPR and ICESCR.
(Sec. 18, Art. XIII)
which supervises and monitors State
compliance of ICESCR.
2) Human Rights Committee is
mandated to monitor and supervise
State Parties’ implementation of the
ICCPR. The Committee accepts
individual complaints through the 1st
Optional Protocol but only applicable to
States that acceded to it.
Government Mechanisms
1) Department of Justice
2) Police and military
3) Department of Foreign Affairs: Office
of Human Rights and Humanitarian
Concerns
4) Presidential Human Rights
Committee
5) Line agencies:
- Department of Health
- Bureau of Food and Drugs
Administration
- National Labor Relations
Commission
- Department of Education
- National Housing
Administration
3) The International Court of Justice is
the principal judicial organ of the United
Nations. The Court has a dual role: to
settle in accordance with international
law the legal disputes submitted to it by
States, and to give advisory opinions on
legal questions referred to it by duly
authorized international organs and
agencies.
FOR WAR CRIMES
The International Criminal Court (ICC) is
the first ever permanent, treaty-based,
international criminal court established to
promote the rule of law and ensure that the
gravest international crimes do not go
unpunished. ICC was established by the
Rome Statute of the International Criminal
Court on July 17, 1998 and entered into
force on July 1, 2002.
International Remedies (UN System)
1) Committee on Economic, Social and
Cultural Rights (CESCR) is the body
General Institutional Framework for Human Rights
25
DEEPENING/SYNTHESIS
•
/ Human rights are means to affirm,
promote, and realize the value of being
human.
•
/ Human rights provide the necessary
conditions and situations for unfolding,
realizing and blossoming to a fuller life as a
human being—that is, as persons and as a
people (collective).
•
•
•
No cause is more worthy than the cause of human
rights. Human rights are more than legal
concepts, they are the essence of man. They are
what make man human. That is why they are
called human rights, deny them and you deny
man’s humanity.
– Sen. Jose W. Diokno
•
•
•
•
References
•
• TFDP, Module 1 – Basic Human Rights
Concepts and Principles
• David Shiman, Teaching Human Rights.
1993
• Asian Institute for Development
Communication, “How it All Started,” Human
Rights Handbook for Asean Journalists.
1999
• Teodoro A. Agoncillo. History of the Filipino
People. Quezon City. Garotech Publishing,
1990.
• Ramsey Clark, Gerald Horne, Raph
McGehee, et. al. Right-Wing Vigilantes and
U.S. Involvement: Report of a U.S..Philippine Fact-Finding Mission to the
Philippines, May 20-30, 1987. Quezon City,
Philippine Alliance of Human Rights
Advocates, 1987.
• Renato Constantino. The Philippines: A Past
Revisited. Quezon City. Tala Publishing
Services. 1975.
• Renato Constantino. The Philippines: The
Continuing Past. Quezon City. Foundation
for Nationalist Studies. 1978.
• Jose W. Diokno. A Nation for Our Children.
Quezon City. Jose W. Diokno Foundation,
Inc. 1987.
• Jose Rizal. “Message to the Young Women
of Malolos” in Political and Historical
•
•
•
•
•
•
•
26
Writings (1884-1890). Manila. National
Historical Institute. 1976.
Joaquin G. Bernas, A historical and juridical
study of the Philippine bill of rights. Manila,
Ateneo University Press. 1971.
William Henry Scott. The Discovery of the
Igorots. Quezon City. New Day Publishers.
1974.
Unpublished research paper on human
rights
CHR & Department of Education.
Facilitator’s Manual on Human Rights
Education. Training Pack on Human Rights
Education for Trainers of Classroom
Teachers. October 2003.
www.pldt.com/mga aral ng katipunan sa
kartilya.html
www.msc.edu.ph/centennial/
constitution.html
Fe An Taro, “Historical Background,” Human
Rights, Philippine Perspective, 1991.
Free Legal Assistance Group (FLAG), Fact
Sheet on Human Rights in Development,
2004.
Ramon C. Casiple, “Reflection on the
Human Rights Movement,” Human Rights
Forum, Vol. V1, No. 2, January-June 1997.
International Covenant on Civil & Political
Rights (ICCPR)
International Covenant on Economic, Social
& Cultural Rights (ICESCR)
Universal Declaration of Human Rights
(UDHR)
Allan Rosas, “So-Called Rights of the Third
Generation,”
Asbjorn Eide, Catarina Krause and Allan
Rosas, Economic, Social and Cultural
Rights, A textbook
PhilRights, Golf Courses: Are they on a par
with human rights? 1999
www.icj-cij.org/
www.un.org/law/icc/
Module 2 - Economic,
Social and Cultural Rights (ESCR)
presented and identify the rights
referred to in the role play. (e.g. a family
with a problem on housing, food,
education, etc.).
Objectives
For the participant to be able to:
1. define and enumerate the different
economic, social, and cultural rights;
2. understand the elements and
parameters of certain ESC rights;
3. explain the interrelatedness,
inseparability, and indivisibility of ESC
rights and civil and political rights;
4. pinpoint State obligations and duties in
relation to these rights;
5. identify the different ESC instruments,
protection mechanisms, and their main
contents.
* Note: The situationers below must be given
to the participants a day before their
presentation to give them time to prepare.
Group A – “To Move or Not to Move” (10
minutes)
Characters: Mother, Father, 15-year old
daughter/son, two children and house owner
A family of five is thinking of going back to the
province because they could no longer afford
to rent a room in Manila. The house owner has
recently raised their rental from P2,500 to
P3,000 a month. On the other hand, the
father works in a camera repair shop and
thinks he may not find a job appropriate to his
skill in the province. Their 15 year-old
daughter who grew up in the city strongly
rejects the idea of returning to her parents’
hometown.
Methodologies: role-play, lecture-discussion
ACTIVITY
Materials: Meta cards, markers
PROCEDURE
Group B - “Dry ” (10 minutes)
1. Group participants into three (3) and
assign each group a separate situationer
that they will act out or role play. Each
group must not know the other groups’
topics.
2. Each group will present their role play to
the big group while the other two groups
will figure out the situation that was
Characters: An old couple, their daughter,
son-in-law and grandchild, barangay captain,
residents
Two rural families in one household live in an
area that was affected by a long period of
drought. The members of the household are
an aged couple with the family of their married
27
daughter (her husband and child). During the
drought, they survived on their stock of
bananas, and cassavas and other root crops.
But these were not enough for their needs, so
the young husband was forced to abandon his
farmwork and look for a paid-job elsewhere.
Sometime during the drought, the barangay
captain would notify the residents every now
and then when municipal social workers would
conduct relief operations. In the entire six
month-period of the drought, the household
received a kilo of NFA rice, three cans of
sardines, and three packs of noodles.
health worker came to his/her senses and
applied first aid to the patient.
DISCUSSION / PROCESSING
After a situation has been acted out, ask
the two groups to identify the specific
rights that were referred to in the role
play. The groups must also identify and
discuss how these rights were fulfilled or
violated in each of the situation.
INPUT
Group C – “Lost and Found” (10 minutes)
Characters: Muslim couple, elders, Ali,
Officer of the PSWDO
DEFINITION AND NATURE OF ESC RIGHTS
Definition of ESC Rights
Everyday, a Muslim couple in an evacuation
center would ask their elders on the
whereabouts of their 15-year old son, Ali.
Their son was separated from them during the
fighting between MILF rebels and the
government forces in their area. The elders
sought the assistance of the Provincial Social
Welfare and Development Office (PSWDO) and
after a week, the head of the PSWDO together
with the couple’s son arrived. They found out
that Ali was brought to an evacuation center in
a nearby municipality.
· • Economic, social and cultural rights
guarantee everyone with socioeconomic opportunities that allow
individuals and families to live adequately
in dignity.
ESC Rights as enumerated in the International
Covenant on Economic, Social and Cultural Rights
(ICESCR)
· • Right to self-determination (Art. 1)
· • Right to work (Art.6)
· • Right to just and favorable conditions of
work (Art. 7)
· • Right to form and join trade unions
(Art.8)
· • Right to social security (Art.9)
· • Right to protection of the family (Art. 10)
· • Right to an adequate standard of living
(food, clothing and housing) (Art.11)
· • Right to health (Art. 12)
· • Right to education (Art. 13-14)
· • Right to take part in the cultural life of
the community (Art. 15)
· • Right to enjoy the fruits of scientific
progress (Art.15)
· • Freedom to pursue scientific research
and creative activity (Art. 15)
Group D – “Abortion” (5 minutes)
Characters: Young woman, young man,
Mother, Barangay Health Worker
A young woman had undergone an abortion
upon the prodding of her boyfriend. Hours
after the abortion, the girl, bleeding, was found
by her mother in her room. The mother,
together with the boyfriend, rushed her
daughter to a barangay health center. The
health worker examined the young woman’s
condition and suspected the cause of the
bleeding. Because of his/her religious belief,
the health worker got angry at the young
woman and left her unattended. Later, the
28
· • One’s right to benefit from scientific,
literary and artistic creation of which s/
he is the author (Art.15)
General Principles Applicable to ESC Rights
· • Non-discrimination - ESC entitlements
must be enjoyed by everyone
regardless of one’s race, religion, color,
ideology, beliefs, gender orientation, and
socio-economic status.
The Committee identified seven (7) core
elements of the right to housing in
General Comment No. 4:
· • People’s participation - Different
stakeholders in society must be involved
in the process of realizing and fulfilling
ESC rights.
Security of T
enur
e – is a legal form of
Tenur
enure
protection that ensures occupants’ stay
in their homes and communities. This
may take different forms such as
ownership, rental, accommodation,
cooperative housing, lease, owneroccupation, and emergency housing.
· • Empowerment - Implementation of ESC
rights must contribute and result to
building capabilities, confidence and selfreliance of the people in the community
and enable them to become active agents
of change and development.
Availability of services, materials,
facilities and infrastructure –
Access to natural resources, safe
drinking water, energy for cooking,
heating, and lighting, sanitation and
washing facilities, means of food
storage, refuse disposal, site drainage
and emergency services.
· • ESC and civil and political rights are
interdependent, interrelated, and
indivisible.
· • ESC rights are justiciable. Meaning
conflicts or violations of these rights can
be brought to a court of justice or quasijudicial bodies for mediation, decision
and corresponding resolution.
Affordability – Housing expenses
should not compromise other basic
needs such as food, education, and
clothing.
Specific Definitions and Elements of Five ESC
Rights (Housing, Work, Food, Health, and
Education)
Habitability – Housing should have
adequate space, ventilation and built
with strong and durable materials to
protect inhabitants from cold, damp,
heat, rain, wind or other threats to
health, structural hazards, and diseases.
A. Right to Housing
· • The right to adequate housing should not
just be interpreted “as having a roof over
one’s head or views shelter exclusively
as a commodity” but the right to live in a
community in “security, peace, and
dignity.” (General Comment No.4 of the
UN CESCR)
Accessibility – Housing projects must
prioritize disadvantaged groups such as
persons with disabilities, victims of
29
Location – Housing must be located
near employment and social services
centers such as schools, hospitals,
recreation areas, etc.
tolerance and understanding among racial and
cultural groups and peace among nations. The
ICESCR added that education should enable an
individual to have a “sense of dignity” and
facilitate effective participation in a free
society.
Cultural Adequacy – Housing design
must enable expression of cultural
identity and diversity of housing.
Based on General Comment No.13, the
following are the elements of the right to
education:
natural disasters, etc.
The Committee also issued General
Comment No.7 prohibiting forced evictions,
which are defined as “permanent or temporary
removal against the will of individuals, families
and/or communities from the homes and/or
land, which they occupy without the provision
of and access to appropriate forms of legal or
other protection.”
According to General Comment No.7, forced
evictions do not only happen in urban areas
but also in areas where there is “armed
conflict, forced population transfers, mass
exodus and refugee movements.” In all these
cases, a State must restrain itself from
carrying out forced evictions and prevent
other actors from doing the same.
·
Availability of functioning educational
institutions and programs in sufficient
quantity
·
Accessibility - educational institutions
and programs must be accessible to
everyone, without discrimination.
Accessibility has three overlapping
dimensions: non-discrimination, physical
accessibility and economic accessibility.
·
Acceptability - the form and substance
of education, including curricula and
teaching methods, have to be
acceptable (e.g. relevant, culturally
appropriate and of good quality) to
students and, in appropriate cases,
parents.
·
Adaptability - education has to be
flexible for it to adapt to the needs of
changing societies and communities and
respond to the needs of the students
within their diverse social and cultural
settings.
B. Right to Education
UDHR mandates that education should be
geared towards the holistic development of an
individual, promotion of human rights,
C. Right to Food
“The right to adequate food is realized when
every man, woman and child, alone or in
community with others, have physical and
economic access at all times to adequate
food or means for its procurement.” – Par. 6,
General Comment No.12
The same general comment of the Committee
on ESC Rights enumerated the following core
30
* Right to opportunity to gain his/her living by
work that he/she freely chooses (art.6)
* Right to just and favorable conditions of
work that include: (art.7)
* Fair remuneration for equal work and to
enable workers and their families to live
decently
* Safe and healthy working conditions
* Equal opportunity for everyone to be
promoted
* Rest, leisure, and reasonable working
hours
elements or normative contents of this right:
·
Adequacy and sustainability of food
resources – Adequacy of food depends
on the prevailing economic, social,
cultural, and other conditions in a
particular country or region.
Sustainability refers to long-term
availability and accessibility of food.
·
Dietary Needs - Everyday diet must
contain nutrients for physical and mental
maintenance and growth of individuals.
·
Free from Adverse Substance – The
government must ensure food safety.
·
Availability – The capacity to feed
oneself by producing food or by
accessing food from a well-functioning
food distribution, processing, and
market systems.
·
* Right to form and join trade unions (art.8)
* Right of trade unions to federate (art.8)
* Right of trade unions to function freely
* Right to strike
The following are some of the International
Labor Organization’s Conventions that also set
standards and parameters for the right to
work:
Physical and Economic
Accessibility – Physical accessibility
warrants that everyone especially those
from disadvantaged groups must have
access to food at all times while
economic accessibility prescribes that
food costs should not be detrimental to
the enjoyment of other basic needs.
Forced Labor Convention (No. 29) of
1930 – formulated to urge State Parties
“to suppress the use of forced or
compulsory labor in all its forms”
D. Right to Work
Convention No. 2 of 1919 – Obligation of
States to maintain and ensure the
maintenance of a free public employment
service.
The ICESCR recognizes the following
standards for the right to work:
Convention No. 88 – Organization of the
Employment Service of 1948
31
Convention No. 96 – Allowing States to
either progressively abolish fee-charging
employment agencies or simply supervise
them.
disadvantaged groups. This also
includes the principle of equity implying
that poor households must not be
burdened disproportionately with health
costs compared to rich households.
3. Accessibility of information
guarantees the right to seek, receive,
and impart information and ideas on
health issues. But this must not
compromise the right of individuals to
confidentiality of health information.
·
Acceptability - All health facilities,
goods and services must be respectful
of medical ethics and be culturally
appropriate, i.e. respectful of the culture
of individuals, minorities, peoples and
communities, sensitive to gender and
life-cycle requirements.
·
Quality - Health facilities, goods and
services must also be scientifically and
medically appropriate and of good
quality. This requires skilled medical
personnel, scientifically approved drugs
(not expired drugs) and hospital
equipment, safe and potable water, and
adequate sanitation.
E. Right to Health
The Covenant on ESCR states that everyone
has the “right to the enjoyment of highest
attainable standard of physical and mental
health.” The Committee further clarified that
the right to health encompasses many socioeconomic factors and “underlying
determinants” such as food, nutrition, safe
drinking water, etc.
The normative contents of the right to health
as discussed in General Comment No. 14 are
as follows:
DEVELOPMENT OF ESC RIGHTS
·
·
Availability - Functioning public health
and health care facilities, goods and
services, as well as programs, have to
be available in sufficient quantity.
ESC Rights Timeline
Before the 20th Century
• Code of Hammurabi (282 articles)
Accessibility – This element has three
dimensions when applied to right to
health:
“If any one take over a field to till it, and obtain
no harvest therefrom, it must be proved that
he did no work on the field, and he must
deliver grain, just as his neighbor raised, to the
owner of the field.” # 42
1. Physical accessibility means that
health services, facilities, and goods
should be within safe physical reach for
all, especially for vulnerable groups.
“If a builder build a house for some one, and
does not construct it properly, and the house
which he built fall in and kill its owner, then that
builder shall be put to death.” #226
2. Economic accessibility means that
health services, facilities, and goods
must be affordable to all, especially for
32
• Magna Carta of 1215 (63 articles)
and scope of state obligations
under the ICESCR. They drafted
the so-called “Limburg Principles”
which is now considered an
authoritative legal interpretation of
the ESC Covenant.
“No constable or other bailiff of ours shall take
corn or other provisions from any one without
immediately tendering money therefore,
unless he can have postponement thereof by
permission of the seller.”
* The name “Limburg Principles” was derived
from the University of Limburg in the
Netherlands where ICJ is based.
“Neither we nor our bailiffs shall take, for our
castles or for any other work of ours, wood
which is not ours, against the will of the owner
of that wood.”
1986 ––The UN General Assembly adopted
the Declaration on the Right to
Development.
• French Declaration on the Rights of
Man (17 articles)
1996 ––The CESCR submitted to the UN
Commission on Human Rights its
report containing the draft optional
protocol to the ICESCR. The
optional protocol if ratified would
allow individuals and groups to
submit complaints against State
parties violating ESC rights.
“The aim of all political association is the
preservation of the natural and imprescriptible
rights of man. These rights are liberty,
property, security, and resistance to
oppression”
“Since property is an inviolable and sacred
right, no one shall be deprived thereof except
where public necessity, legally determined,
shall clearly demand it, and then only on
condition that the owner shall have been
previously and equitably indemnified.”
1997 ––More than thirty (30) experts of
international law and human rights
gathered in Maastricht,
Netherlands to expound on the
Limburg Principles as regards
state violations of ESC rights and
appropriate remedies. Their
output is now known as the
“Maastricht Guidelines,” referring
to the name of the place where
these experts met.
United Nations’ Era
·
·
·
·
1948 ––The UN General Assembly adopted
the Universal Declaration of Human
Rights (UDHR)
1966 ––The United Nations approved and
opened for state ratification the
International Covenant on
Economic, Social, and Cultural
Rights (ICESCR).
1974 ––The Philippines ratified the ICESCR.
1976 ––ICESCR entered into force after it
gathered the required number of
State ratifications.
1985 ––The Committee on Economic,
Social, and Cultural Rights (CESCR)
was created by the UN Economic
and Social Council and was tasked
to monitor compliance of State
Parties to the Covenant.
1986 ––Twenty-nine (29) international law
experts met in Maastricht,
Netherlands to study the nature
During the Cold War era, Western countries
led by the US championed civil and political
rights while ESC rights were more identified
with the socialist or communist bloc. Civil
and political rights advanced and developed
faster than ESC rights because Western
countries had more resources at their
command and backed these up.
33
c.) ESC rights are “state aspirations only” while
CP rights are “human rights proper.”
Myths about ESC Rights
a.) ESC rights are positive rights while civil and
political (CP) entitlements are negative rights,
therefore, the latter are easier to realize.
Based on this, ESC rights are social goals
only and not legal rights and therefore, do
not demand any legal mechanisms from the
State or any international human rights
body.
Based on this, civil and political rights are
much easier to realize because all that
government has to do is refrain from
committing acts that will jeopardize the
enjoyment of these rights. For example, to
comply with freedom from torture,
government only has to ensure that its
agents do not resort to physical and/or
mental cruelty to extract information and/
or admission from suspected criminals.
But technically, this kind of distinction is
only a matter of language. Given proper
attention and resources, ESC rights can
also be formulated in the same way that
CPRs are articulated in covenants—welldefined and legally demandable and
justiciable.
Interrelatedness and Indivisibility of ESC Rights
and Civil and Political Rights
This is not true because there are CP rights
that also require budgetary allocation like
ensuring clean and fair elections and
speedy administration of justice. On the
other hand, certain aspects of ESC rights
also simply require States to respect like
right to unionize, right to establish
educational institutions.
Indivisibility
Freedom and well-being are inseparable
requirements of humane existence and
so are the rights embodied in CPR and
ESC. That is to say, fulfilling certain
rights should not be used as an excuse
for violating other rights. This is a
common practice in development
projects where local communities are
asked “to sacrifice” their livelihood and
their environment for the greater good.
b.) ESC rights are second-generation rights
and civil and political rights (CPR) are first
generation rights.
This means that in terms of historical
development and codification or translation
into laws and policies, civil and political
rights are way ahead of the ESC rights.
Therefore, ESC rights are “second class
citizens” compared to its civil and political
rights counterpart.
Interrelatedness
But this delineation came into being
because of the US preference to civil and
political rights that were enshrined in its
Constitution’s Bill of Rights. This should be
remedied by giving special attention to
ESC rights because the totality of human
beings requires both freedom or liberty and
the means to live in dignity. Meaning, both
ESC and CPR are integral to “authentic”
human existence.
Vienna Declaration
Each right, whether civil and political rights
or economic, social, and cultural rights, is
integral to the enjoyment of other human
rights. For example, an individual’s right to
food is compromised if his/her right to
work is neglected or abandoned by the
State.
The debate on CPR and ESC rights was
settled during the 1993 World Conference on
Human Rights.
34
“All human rights are universal, indivisible and
interdependent and interrelated. The
international community must treat human
rights globally in a fair and equal manner, on
the same footing, and with the same
emphasis.” (Par.5) of the Vienna Declaration
4. Place a paper (with the word or phrase)
above his/her head where his/her group
mates can read it. Make sure their
representative cannot read the word
above his/her head.
5. The group mates are to give clues to the
representative who will guess the word/
phrase. (note: the group mates can do
anything (act out, ask leading questions,
etc.) except say the word or phrase or
the letters on the piece of paper.)
DEEPENING
Ask the question: What factors may facilitate
or hinder the implementation of ESC Rights?
SYNTHESIS
6. Give them 30 seconds to do this.
7. If the representative gets the right word
or phrase, place a new piece of paper
with a word/phrase above his/her head.
The same procedure will be done until
the 30-second time limit is thru.
Ask each participant to compare their present
level of enjoyment of one ESC Right (e.g. right
to work, right to education, right to health,
right to housing or right to food) with the ideal
standards for this particular right as discussed
in the lecture.
8. Each correct word/phrase corresponds
to one point.
LEGAL EMBODIMENT OF ESC RIGHTS
9. The game ends when one of the groups
has no more words/phrases left.
ACTIVITY
Materials: Pieces of paper or cartolina (of the
same sizes)
* Ask participants how they understand the
word/phrase written on each piece of paper.
* Take note of each understanding and unify
them by giving the input.
PROCEDURE
1. On each piece of paper, write a word or
phrase related to the topic to be
discussed (e.g. legal embodiment;
eliminate discrimination; right to
development, etc.)
INPUT
International Instruments
• Universal Declaration of Human Rights
(Art.22-28)
· • International Covenant on Economic,
Social, and Cultural Rights (ICESCR)
· • Convention on the Rights of the Child (CRC)
· • Convention on the Elimination of All
Forms of Discrimination Against Women
(CEDAW)
·
2. Form two groups and assign a timer for
each group. (The timers should not
come from any of the groups.)
3. Call one representative from Group 1.
Have him/her sit in front, facing his/her
group mates.
35
STATE OBLIGATIONS AND VIOLATIONS
UNDER ICESCR
· • International Convention on the
Elimination of All Forms of Racial
Discrimination (CERD)
• Declaration on the Right to Development
ACTIVITY
Regional Treaties
Procedure
• Eur
opean Social Char
ter
European
Charter
ter, adopted by
European States in 1961 to protect and
fulfill a host of ESC rights of their people
including right to work, health, social
security among others.
1. Well-known incidents will be listed
separately on pieces of paper. Each
case will be written with a popular title.
(e.g.‘ “Quezon Floods”- flashfloods in
Aurora Province or Infanta, Quezon).
· • American Convention on Human Rights
“Pact of San Jose, Costa Rica” (1969)
The cases:
* “Quezon Flashfloods”
* “Workers and military clash in
Hacienda Luisita”
* “Meningococcemia Case in Baguio
City”
* “Payatas Dump-slide”
* “Water Contamination in Tondo”
* “Displacement Cases in Mindanao”
* “Cassava Food Poisoning in Cebu”
• Additional Protocol to the American
Convention on Human Rights in the Area
of ESC Rights “Protocol of San Salvador”
(1988)
· • African Charter on Human and People’s
Rights (1981)
The 1987 Philippine Constitution
2. Divide participants into four (4) groups. Each
group will draw one piece of paper each.
The ESC rights are enshrined in the 1987
Philippine Constitution but are not included in
Art. III or the “Bill of Rights.” Instead, these
rights are found in Art. XIII or the “Social
Justice and Human Rights” article divided into
the following categories:
3. The group will then discuss what the
human rights violations were committed
based on the cases written on the paper.
4. Discuss what can they/or others do as a
form of intervention in behalf of the
community.
Labor – Sec. 3
Agrarian Reform – Sec. 4-8
Urban Land Reform and Housing – Sec. 910
Health – Sec. 11-13
Women – Sec. 14
On the role of people’s organizations –
Sec. 15-16
5. Each group will write down their output
in a craft/Manila paper to be presented
to the big group.
DEEPENING/SYNTHESIS
1. Trainer/facilitator initiates discussion and
throws questions to elicit more insights from
the participants. Trainer acknowledges each of
the outputs but withholds his/her comments
until the input.
Emphasize key points of the discussion. Unify
the participants’ understanding of the different
instruments discussed
36
2. Ask the following questions:
immediate steps that can be taken by the
States to implement these rights.
Governments must also show they are making
“measurable progress” towards the full
implementation of these rights.
* What were the human rights violations?
* What would be the proper interventions?
3. After all the groups have presented their
outputs, ask four to five participants to make
two to three statements that will best sum up
their answers. Write the statements on the
board/Manila paper. Relate the participants’
response to the following input for more
clarification.
For example, even if the current standards for
secondary education is availablility and
accessibility to all, the ICESCR also mandates
State parties to “progressively” introduce free
secondary education. This implies that
governments must concretely show how they
are progressing towards providing free
secondary education to its constituents.
INPUT
Minimum Core Obligations
According to the Limburg Principles, a State Party
is violating the ESC covenant if:
These are internationally agreed upon
“minimum essential levels” of ESC rights that
States are obliged to implement irrespective
of their socio-economic and political
conditions. Failure to do so constitutes a
violation of these rights.
1. It fails to take steps which it is required to
take based on the Covenant;
2. It fails to promptly remove obstacles
which it is under duty to do so in order to
allow the immediate fulfillment of a right;
3. It fails to implement without delay a right
which it is required by the Covenant to
provide immediately;
4. It willfully fails to meet a generally
accepted international minimum standard
of achievement, which is within its power
to meet;
5. It applies a limitation to a right recognized
in the Covenant other than in accordance
with the Covenant;
6. It deliberately retards or halts the
progressive realization of a right, unless it
is acting within a limitation permitted by
the Covenant or it does so due to a lack of
available resources or force majeure;
7. It fails to submit reports as required under
the Covenant.
Examples of these are free and compulsory
primary education, absence of forced
evictions, and freedom from hunger.
Violations by Acts of Commission
1. Removal or suspension of an existing
legislation on ESC rights;
2. Active denial of such rights to particular
individuals or groups, whether through
legislated or enforced discrimination;
3. Active support for measures adopted by
third parties which are inconsistent with
economic, social and cultural rights;
4. Adoption of legislation or policies
manifestly incompatible with existing
legal obligations;
5. Adoption of any deliberate retrogressive
measure that reduces the extent to
which any such right is guaranteed;
6. Calculated obstruction of, or stopping
the progressive realization of a right
protected by the Covenant unless the
State is acting within the limitations set
According to the Maastricht Guidelines
Progressive Realization
Although full realization of ESC rights can only
be achieved progressively, there are
37
their statements based on the inputs given.
by the Covenant;
7. Reduction or diversion of public funds
that will jeopardize the enjoyment of
ESC rights
ESC RIGHTS PROTECTION AND REMEDIES
Violations by Acts of Omission
ACTIVITY
1. Failure to take appropriate steps as
required under the Covenant;
2. Failure to reform or repeal legislation
which is manifestly inconsistent with an
obligation of the Covenant;
3. Failure to enforce legislation or put into
effect policies designed to implement
provisions of the Covenant;
4. Failure to regulate activities of
individuals or groups in order to prevent
them from violating economic, social
and cultural rights;
5. Failure to use the maximum available
resources towards the full realization of
the Covenant;
6. Failure to monitor the realization of
ESCR, including the development and
application of criteria and indicators for
assessing compliance;
7. Failure to promptly remove obstacles
that hinder the immediate fulfillment of a
right guaranteed by the Covenant;
8. Failure to implement without delay a
right which is required by the Covenant
to be provided immediately;
9. Failure to meet a generally accepted
international minimum standard of
achievement, which is within its power
to meet;
10. Failure of a State to take into account
its international legal obligations in the
field of ESCR when entering into bilateral
or multilateral agreements with other
States, international organizations or
multinational corporations
Materials: marker
PROCEDURE
Level off with the participants by asking how
they understand the terms below. (Write the
list on the board):
• Treaty
• Convention
• Complaint
• Mechanism
• State Party
Clarify the participants’ understanding of the
concepts treaty, convention, complaint,
mechanism and State Party.
* A treaty is an agreement between two
or more states that is forged and
becomes legal when it is ratified by the
legislative branches of government of
the countries involved.
* Convention is a treaty, a covenant or an
agreement.
* Complaint is a grievance of one state
against another state or of one individual
or group against a state.
* Mechanism is a process where complaint
can be resolved or addressed.
* State Party is a state that agrees to a
treaty by signing it and having its
legislative body, e.g. Congress or
Parliament, ratify the said document and
passing relevant domestic laws
consistent with the contents of the
treaty or convention.
DEEPENING/SYNTHESIS
Refer the participants to their outputs again.
Ask if they would want to make any changes in
38
· • Conduct negotiations and fact-finding
missions in countries where there are
substantial issues affecting the
recognition and implementation of these
rights.
INPUT
International Mechanisms
UN Committee on ESC Rights
· • They also submit reports on the status,
compliance, and violations of a specific
right of their focus.
• Created by the UN Economic and Social
Council (UN ECOSOC) in 1985 to
monitor the compliance of State Parties
to the ICESCR
· • Human rights advocates can also
network and cooperate with this office
to highlight rights violations and pressure
the government to comply with its
duties and obligations in relation to ESC
rights.
· • Composed of 18 human rights experts
· • Reviews and issues concluding
observations on the official reports
submitted by the State Parties.
Optional Protocols
· • The Committee may write to a specific
government to raise its concerns
regarding the status of ESC rights in that
particular country.
·
• UNCESCR formulated the draft optional
protocol to the ICESCR in 1996.
· • If adopted, the optional protocol shall
serve as a complaint mechanism where
groups and individuals can submit
communications regarding violations of
ESC rights in their respective countries.
· • The Committee may also opt to visit or
conduct a fact-finding mission to
countries that neglect or violate these
rights.
· •
· • The Committee also accepts and gives
weight to “shadow reports” coming from
civil society organizations regarding ESC
rights realization in a particular territory.
· • Other functions are to further clarify,
specify, define, and identify key elements
and parameters of a particular ESC right.
It has already issued sixteen (16) general
comments on the ICESCR.
In the meantime, ESC rights advocates
can utilize the optional protocol to the
Convention on the Elimination of all
Forms of Discrimination Against Women
(CEDAW).
Local Protection and Remedies in Relation
to ESC Rights
Government Institutions/Agencies
Congress
Special Rapporteurs
* Enacts laws that ideally, reflect or
translate into local context international
human rights principles and standards.
· • Are human rights experts appointed to
clarify and strengthen the recognition,
implementation, and realization of
different ESC rights and are under the
Office of the High Commissioner for
Human Rights (UNHCHR).
* Ratifies international treaties and
agreements such as international human
rights instruments.
39
* Oversight function. It can conduct
investigations to monitor the
implementation of a specific law.
civil, and administrative penalties.
* Priority is given to complaints filed
against high ranking government officials
and/or those occupying supervisory
positions, complaints involving grave
offenses as well as complaints involving
large sums of money and/or properties.
* Legislative inquiry in aid of legislation. It
can investigate controversies and
incidents affecting the general welfare of
the public.
* Budget appropriation.
Commission on Human Rights
* Investigates on its own or upon
complaint by any party, human rights
violations involving civil and political
rights.
Office of the President
* Holds the highest executive power in the
country.
* Supervises all the departments,
bureaus, and offices under the executive
department.
* Adopts its operational guidelines and
rules of procedure, and cites for
contempt for violations thereof in
accordance with the Rules of Court.
* Ensures the effective and efficient
implementation of the laws.
* Provides relevant and sufficient legal
measures for the protection of human
rights.
* Serves as the Commander-in-Chief of the
country’s armed forces.
* Exercises the power to visit jails,
prisons, or detention facilities.
Supreme Court, courts
* Has the final say on the constitutionality
of a particular legislation.
* Conducts research, education, and
information programs for human rights
promotion.
* Interprets a particular law and provides
judicial procedures.
* Provides redress and compensation to
victims of human rights violations and
their families.
* Settles legal disputes arising from
violation or deprivation of an individual or
collective right.
* Monitors government compliance with
its duties and responsibilities under
international human rights treaties and
instruments.
* Provides redress and compensation to
victims and prescribes penalties to the
guilty party after the resolution of a
particular case through due process.
* Grants immunity from persecution to
witnesses and holders of documents or
evidence that are crucial in determining
the facts in an investigation it is
conducting.
Office of the Ombudsman
* Acts on complaints filed against
government officials and employees and
enforces appropriate administrative,
40
OTHER AGENCIES
Agency / Institution
Focus Right/s
Nature and Functions
Housing and Land Use Regulatory Housing
Board (HLURB)
* Quasi-judicial body
* Plans and regulates real estate and housing
Housing and Urban Development Housing
Coordinating Council (HUDCC)
* Policy-making body
* Coordinates activities of housing agencies implementing
the National Shelter Program
* Focuses on the lowest 30% of urban income-earners
Presidential Commission on the Urban Housing
Poor (PCUP)
* Clearing house for demolitions and evictions
National Housing Authority
Housing
* Production arm of the National Shelter Program
* Provides affordable and adequate housing for homeless
low-income families and access to social services and
economic development
Bureau of Food and Drugs (BFAD)
Food, Health
*Ensures safety, efficacy, purity and quality of processed
foods, drugs, reagents, medical devices, cosmetics
and household hazardous substances
Department of Agrarian Reform
Food, Work
* Leads in the implementation of the agrarian reform law
*Provides integrated services to landless farmers,
farm workers, and small landowners
Department of Agriculture
Food
*Promotes agricultural development through policy
framework, assists in facilitating public investments
and support services
National Food Authority
Food
* Ensures the food security of the country and the stability
of supply and price of rice (staple grain)
* Promotes the integrated growth and development of
the grains industry covering rice, corn, feed grains and
other grains
Department of Health
Health
* Ensures access to basic public health services.
* Provides and regulates quality health care: services
and goods
Department of Labor and Employment Work
* Promotes gainful employment opportunities
* Ensures just and humane working conditions and terms
of employment
*Promote industrial peace
National Labor Relations Commission Work
(NLRC)
* Quasi-judicial body
* Resolves labor disputes through mediation, conciliation,
or compulsory arbitration
Department of Education
Education (Primary)
* Ensures access to, promoting equity in, and improving
the quality of basic education
Commission on Higher Education
Education
* Supervises all the private and public secondary and
higher level educational institutions
* Promotes quality education
* Works towards an accessible education for all
* Ensures and protects academic freedom
Technical Education and Skills Education
Development Authority (TESDA)
* Spearheads the skills development of the country’s
human resources
* Provides programs and projects for technical education
and skills development
41
governance for basic education,
establishing authority and accountability,
renaming the Department of Education,
Culture and Sports as the Department of
Education,etc.
Specific Laws
On the Right to Housing
National Housing Act of 1992 (RA 7279) is
an act that provides for a comprehensive
and continuing urban development and
housing program, establishes the mechanism
for its implementation, and other purposes.
On the Rights to Food, Work and Housing
Comprehensive Agrararian Reform Law of
1988 (CARL) or RA 6657.
On the Right to Work
DEEPENING
The Labor Code of the Philippines is a
decree instituted under Presidential Decree
No. 442 and has undergone several
amendments.
• What do you think are the impact of the
UN and local mechanisms in so far as
the protection and promotion of ESC
rights in the Philippines are concerned?
On the Right to Food
SYNTHESIS
The Consumer Act of the Philippines (RA
No. 7394) is a law that protects the
interest of the consumer, promotes general
welfare and, establishes standards of
conduct for business and industry.
• Emphasize key points of the discussion
References
Price Act (RA 7581) an act providing
protection to consumers by stabilizing the
prices of basic necessities and prime
commodities and by prescribing measures
against undue price increases during
emergency and similar situations.
• International Covenant on Economic, Social &
Cultural Rights (ICESCR)
• Universal Declaration of Human Rights, 1948.
• The 1987 Philippine Constitution
• Krzysztof Drzewicki, “The Right to Work and Rights
in Work;” Asbjorn Eide, Catarina Krause, Allan
Rosas, Economic, Social and Cultural Rights ; 1995
• United Nations. Compilation of General
Comments and General Recommendations
Adopted by Human Rights Treaty Bodies. 12 May
2003.
• Fe An Taro, “Commission on Human Rights,”
Human Rights Philippine Perspective; 1995
• www.doh.gov. ph/BFAD
• www.fwwp.org/download/ra.9155.pdf
• www.deped.gov.ph
• www.gov.ph
• www.hudcc.gov.ph
• www.dole.gov.ph
• Vicente B. Foz, The Labor Code of the
Philippines, 2000
• Arellano Law Foundation, www.lawphil.net
• Rolando A. Suarez, Agrarian Reform and Social
Legislation, First Edition 2001.
Food Fortification (RA 8976) an act
establishing the Philippine Food Fortification
Program.
On the Right to Health
Generic Act of 1988 (RA 6675) is an act to
promote, require and ensure the production
of an adequate supply, distribution, use and
acceptance of drugs and medicines
identified by their generic names.
On the Right to Education
Governance of Basic Education Act (RA
9155) is an act instituting a framework of
42
Appendix A
THE EVOLUTION OF HUMAN RIGHTS
Time Period
Events/Developments
Early Greek
Citizens of the Greek city-states enjoyed “isogoria” meaning equal freedom of speech & “isonomia” meaning equality before the law.
Even at this point in time, there was
already an awareness of certain
“rights” which were due to individuals
in a society.
Hellenistic
The notion of natural rights of man
emerged explicitly in connection with
the theory of natural law.
This was the earliest record of recognition of “rights” inherent in man.
Roman
Result/Highlights
Implications
In 442 B.C., Sophocles wrote
Antigone as an argument for natural
law.
In the play, the heroine
claims that the state need
not be obeyed if what it
commands is unjust.
An assertion of the concept that there
was a law which was not only different
from but also higher & more compelling than the laws of courts.
The Stoics expounded greatly on the
theory of natural law.
Cicero says, “For there is
a true law: right reason. It
is in conformity with nature, is diffused among all
men, and is immutable and
eternal;…” Cicero: Rep. III,
22, 33
Recognition was given to man’s entitlement to natural rights in accordance
with the natural law.
The Stoics explain that Natural Rights
belong to all men at all times; not the
particular privileges of citizens of particular states, but something to which
every human being everywhere is
entitled, by virtue of the simple fact
of being human and rational.
12th Century
1188: the earliest known codification of a catalog of rights in the feudal assembly of the Kingdom of Leon
IX; a confirmation of a series of rights
including the right to the inviolability
of life, honor, home and property
The emergence of codes which recognized areas of individual freedom
from state interference although only
for the nobility.
13th Century
1213: English feudal barons asserted
their rights and liberties and drafted
the “Articles of Barons”, the document which preceded the Magna
Carta.
Guarantee of individual rights because
specific although it was still limited to
the social elite.
King John of England puts his seal on
the Magna Carta on June 15, 1215
at Runnymeed.
Clause 39 states: “no
freeemen shall be … imprisoned or disseized…
except by the lawful judgment of his peers or by
the law of the land …
In 1216 and 1217, the Magna Carta
was reissued with alteration.
1212: King Andrew II of Hungary issued a Golden Bull which guaranteed
among other things, that no noble
can be arrested or ruined without
first being convicted in conformity
with juridical procedure
1225: the Magna Carta was again
altered
From 1272-1301, during the reign of
Edward I: initiated the use of the writ
of habeas corpus.
The introduction of the writ of habeas
corpus was a clear indication of the
trend towards recognition of individual
rights.
43
THE EVOLUTION OF THE RECOGNITION OF HUMAN RIGHTS
Time Period
Events/Developments
Implications
During the Stuart Period, John Selden
sought to employ the writ as a
method of restoring the liberty of a
man imprisoned by the executive
without knowing the cause of the commitment.
17th Century
18th Century
1679, during the reign of Charles II:
the first Habeas Corpus Act was established
The English Bill of Rights was enacted
by Parliament after the Glorious Revolution of 1689.
Pioneer of the later Bill of Rights
Works of the Dutch thinker Hugo
Grotius, Pufendorf, John Milton, and
John Locke expounded further on
the natural rights of man.
Revival of the ancient theory of natural
rights as a consequence of natural law.
The Treaty of Westphalia established
the principle that there should be
equal rights for Protestants and Roman Catholics.
Advent of the use of international treaties for the protection of the rights of
the minority.
St. Thomas Aquinas described human
rights as certain works that were adjusted to persons according to some
kind of equality; that a right was primarily a physical thing, a claim or a
service which was due to another.
Christian tenets because the source
of legal pronouncement on rights of
men.
In 1774, Turkey undertook vis-à-vis
Russia reforms to protect the Christian religion and its churches within
its territory.
Early cases of the assertion of freedom of religion.
The Virginia Convention of May 1776
adopted the first American Bill of
Rights.
On July 4, 1776, the Declaration of
Independence was set forth by 13
American states.
One of the earliest documents to use
as basis the philosophy of human freedom.
44
Time Period
Events/Developments
Result/Highlights
Implications
The French National Assembly decreed the “Declaration of the Rights
of Man and of the Citizen” on August
26, 1789.
This document considered
human rights as “national,
inalienable and sacred.”
This became the strongest and
clearest expression of the classical
doctrine of natural rights, out of which
has grown the modern concept of individual liberties, and which because of
its resounding effect did more than any
other similar act in spreading throughout the world the idea of essential and
inalienable rights, the respect for and
the free development of which are the
capital mission of the State.
The Versailles Treaty affirmed the
right of peoples to self-determination.
Frederick de Martens, one of the
masters of international law, noted
that progress in international law
stands in direct relationship to the
respect shown to the individual by
the State.
19th Century
Further support for the advancement
of human rights.
In 1809, Sweden followed the English
model and incorporated the concept
of natural rights into the constitution
of their monarchy.
In 1815, Holland included a provision on natural rights in its constitution.
Countries all over the world began to
adopt provisions for the protection of
human rights.
The Habeas Corpus Act of 1679 was
expanded to the Habeas Corpus Act
of 1816 which applied particularly to
persons deprived of their liberty
other than on a criminal accusation.
Further step towards recognition of
individual rights.
In 1848, nationalist German liberals
issued the “Declaration of Rights.”
1865: the Civil Rights Act was enacted
20th Century
When Montenegro, Serbia, and Romania achieved their Independence
from Turkey in 1878, they as well as
Turkey itself, were forced to guarantee religious freedom and equality
of rights to all inhabitants irrespective of religion.
Freedom of religion was recognized.
1941: President Roosevelt and Sir
Winston Churchill signed the Atlantic
Charter which guaranteed “freedom
from fear and want”
Concern for human rights has become
an international issue as well as a common feature of the basic law of many
countries.
On Sept. 16, 1942, the Declaration
of Santiago de Chile was signed by
21 American republics and of
Canada.
This document stated that
“To be able to enjoy the basic freedoms of thought,
expression and activity, every man and woman must
be afforded physical and
economic protection against
social and economic risks
through properly organized
social action.”
45
Time Period
Events/Developments
Result/Highlights
The Dumbarton Oaks Proposals which
was drafted in 1945: while recognizing the importance of the promotion
of human rights in the creation of a
peaceful world, made only one general reference to action by an international organization to this end.
1945: the Charter of the U.N. was
drafted
President Harry S. Truman
described the Charter as
“dedicated to the achievement and observance of
human rights and fundamental freedoms.
46
Implications
Appendix B
VIEWS ON POLITICAL AND CIVIL LIBERTIES OF THE PROPAGANDISTAS
… there is no sufficient gunpowder in the world that can justify the attacks
against the liberty of the individual, against the sanctity of the home, against the
laws, against peace and honor. (Jose Rizal)
If there is right, it is because there is liberty; liberty is the column that sustains
the edifice and the audacious one who tears it down in order to bring down the
building must be annihilated. (Emilio Jacinto)
Freedom of thought, of worship, and of other manifestations of liberty which
will demonstrate the culture of our people, is hereby established and shall be
strictly respected. (Emilio Aguinaldo)
47
Appendix C
NOTES ON THE BIAK NA BATO CONSTITUTION
Earlier studies done have shown that the Biak
na Bato Constitution which consisted of 32
articles and prepared by lawyers Felix Ferrer and
Isabelo Artacho, was almost a carbon copy of
the Cuban Constitution of Jimaguayu. The only
difference from the Cuban model was the
addition of 4 articles that formed the
constitution’s Bill of Rights.
Article XXIV. - No person, whatever may be his
nationality, shall be imprisoned or held except
by virtue of an order issued by a competent
court, provided that this shall not apply to crimes
which concern the Revolution, the government
or the Army.
Article XXV. – Neither can any individual be
deprived of his property or his domicile, except
by virtue of judgment passed by a court of
competent authority.
Article XXII. - Religious liberty, the right of
association, the freedom of education, the
freedom of the press, as well as the freedom in
the exercise of all classes of professions, arts,
trades, and industries are established.
Article XXIII. - Every Filipino shall have the right
to direct petitions or present remonstrances of
any import whatever, in person or through his
representative, to the Council of Government
of the Republic.
48
MONITORING
AND
DOCUMENTING
ESC RIGHTS
49
50
Module 3 – Data Gathering and
Documentation Techniques
• What is Data Collection
• Data Collection Methods
• What is Documentation
• Purposes of Human Rights Documentation
• How to Conduct Documentation
• Sample Documentation Tools
General Objective
To equip participants with the knowledge and
skills needed to monitor and document the
government’s compliance with and violations
of its ESC rights obligations.
Outline of Topics
Module 1 – ESC Rights Activism
• Forms of ESC Rights Activism
Module 4 – The ESC Monitoring Tools
• Household Profile Questionnaire
• Barangay Profile Questionnaire
• Case Report Format
Module 2 – Monitoring Government
Compliance with its ESC Rights Obligations
• Purpose of Monitoring
• Problems in Monitoring
• Standards and Indicators
• Use of Indicators
• Types of Indicators
51
Module 1 - ESC Rights Activism
Objectives
ACTIVITY
• To identify the different forms of ESC
Rights activism; and
• To cite the importance of monitoring in
conducting different forms of ESC rights
activism.
“Case Study on ESC Rights Activism”
1. Ask the participants to form 4 groups
(Groups A, B, C and D).
2. Give Groups A and B copies of Case
Study No. 1.
3. Give Groups C and D copies of Case
Study No. 2.
Methodology: Case study
Materials: Copies of the case study
document (a fact sheet, a news feature about
a human rights problem/condition or a write
up), markers, Manila paper/craft paper
Case Study 1
Four youngsters died of measles in a community along Old Samson Road, behind the Balintawak
Market in Quezon City after a demolition of their homes aggravated their illness. The children have
succumbed to the disease prior to the demolition.
Residents blamed theTask Force COPRISS (Control, Prevention and Removal of Illegal Structures and
Squatting) of the Quezon City government for the untimely and illegal demolition of their houses last
March 5 and 9, 2001. The residents were begging the authorities to allow them to voluntarily leave the
area after their children would be cured of their ailment. However, the agency, backed-up by the
Philippine National Police (PNP), went on with their operation.
Linda Tapay, leader of the community, declared that the demolition was illegal. She said that the
operation was conducted without any form of consultation or even a notice of demolition to the
community residents. Jack Jacutin, head of the Task Force, claimed otherwise. He said that their acts
were based on the “cut-off period of the citizen’s right to housing which is stated in the Urban
Development and Housing Act of 1992.
(Ramón B. Fernando, “Demolition aggravates illness of children, four die”, ECDFC Monitor, MarchApril 2001, Vol 15 No. 2.)
52
Case Study 2
In 1994, a Canadian firm, the TVI Resource Development Inc., acquired a right to operate a mine in So.
Canatuan, Bgy. Tabayo, Siocon. Canatuan is situated midway along a logging road that connects R.T.
Lim, Zamboanga del Sur and Siocon, Zamboanga del Norte.
The scope of TVI’s claim encompasses a small-scale mining community of 200 families who have been
working there even before 1990 and in less than 40 hectares of land.
TVI’s Canatuan Gold Project has also penetrated the center of an ancestral domain of the village’s
indigenous people, the Subanen community. There are about 250 Subanen families living in two
barangays, Bgy. Tabayo and Bgy. Candiz.
TVI started operation by setting up a processing plant. It banned the slash-and-burn practice within
its claimed areas and closed the road leading to and from So. Canatuan by setting-up checkpoints in
order to ease out both Subanen and small-scale miners.
Checkpoints were manned by armed men from the Special Citizens Armed Auxiliary (SCAA). These
men were employed by TVI management.
The Subanen and the small-scale mining community endured the difficulties engendered by
checkpoints. In one way, checkpoints limit the populace’s freedom to move. It also gives the SCAA the
opportunity to harass and intimidate them whenever they pass through on their way to the towns of
Siocon and R.T. Lim.
The SCAA has pressured villagers into abandoning the area covered by the Canatuan Gold Project.
They have blocked and confiscated food commodities, fuel and oil from whoever passes through the
checkpoints. All cargo trucks intending to pick up the small-scale miners’ mine tailings have not been
allowed to pass through the checkpoints.
The Canatuan Gold Project of TVI not only threatens to displace Subanen and small-scale miners. It
also adds destructive elements to the environment and aggravates the ecological imbalance. The FFM
(fact-finding mission) team discovered that tailing wastes (with cyanide solution) from TVI’s
processing plant are flushed into a mine tailings pond which does not conform to the proper waste
management practices and safety standards required by the government. The TVI’s mine tailings pond
has no surface cover and concrete linings at the bottom and surroundings that cause the waste to seep
and leak into nearby creeks.
The Subanen community of Bgy. Tabayo testified before the FFM team that in 1994, when TVI started
operations, a carabao and some livestock died after drinking water from their river. They complained
of skin irritations whenever they took a bath in the river. They said that TVI timed their discharges of
waste from their mine tailings pond during heavy rains.
Not only the Subanen and the small-scale mining communities will be affected by the Canatuan Gold
Project. The discharge waste or the leakage from the mine tailings pond will flow into the creeks and
may contaminate the water and the irrigation system of the lowland residents of Siocon through two
major tributaries, the Litoban and Siocon rivers.
(Source: “Siocon multi-sectoral groups unite against mining firm,”ECDFC-Monitor, March-April 1997,
Vol. 12, No. 2)
53
3. After reading the case studies, ask the
groups to discuss what they would do if
they were in the affected community.
4. Assign a member of the group to
present their output to the big group.
the rights holders (citizenry) and the
duty bearers (government officials and
personnel).
Information work can take any of the
following activities:
DISCUSSION/ PROCESSING
Symposium, forum
Creative forms – photo and art
exhibits, slides presentation, poster,
cultural shows, etc.
1. Trainer/facilitator initiates discussion
and throws questions to elicit more
insights from the participants. Trainer
acknowledges each of the outputs but
withholds his/her comments until the
input.
Education Work
Education work deals with a
systematic, planned, and sustained
transfer of knowledge to a target
audience. It usually entails developing
and following a curriculum or course
where the flow or sequence of the
topics to be discussed follows a
definite outline.
2. Ask the following:
• Are there commonalities and
differences in the groups’ responses?
• What are the different actions?
Through education, human rights
activists can generate further
appreciation and internalization of ESC
rights of all sectors in society. It will
also help mainstream these rights into
policies and programs of the
government and other social actors.
INPUT
ESC RIGHTS ACTIVISM
ESC Rights activism is a practice of vigorous
action or involvement as a means to achieve
or realize economic, social and cultural rights.
(PhilRights)
Education work can involve any of the
following activities:
Forms of ESC Rights Activism
Trainings
Seminars, study circles, groupdiscussion, etc.
1. Information and Education Work
Information Work
Information work deals with
disseminating and/or popularizing
ideas, issues or problems to a target
audience with the aim of getting their
attention or arousing their interest on
the said issue/idea.
Reminders to the facilitator: Emphasize that
the practice of information and education work
must be non-discriminatory. It should encourage
participation and empowerment and must be
based on human rights principles and
accountability.
Since ESC rights are relatively new to
the public’s consciousness, massive
information campaign on these rights
should be carried out targeting both
54
speedy manner, an issue or incident that is
of immediate public concern, usually
something that will affect the welfare or
safety of a group of persons when not
addressed at once. It is also organized to
denounce an incident, like a human rights
violation, and/or mobilize immediate
action against a violation.
2. Media Work
Media, because of its extensive reach,
is important in advocating economic,
social and cultural rights. It is essential
for any group that engages media in its
advocacy work to build and maintain a
harmonious relationship with media
people. Media liaison is one such work.
Radio and TV Guestings
Activities:
Representatives/leaders of NGOs are
usually invited by radio and TV program
hosts to give commentaries on current
issues. It is highly recommended that
NGOs be aggressive in seeking out or
taking the initiative for such opportunities.
Press release
Press releases are written like news stories, summarizing the essential facts of
“what, where, when, who, why, how.” To
write one, keep in mind how you would like
a story to come out in the papers. Include
complete title heads to give the editor
some idea, at a glance, of what the story is
about. Include accurate and complete
quotations when necessary. Reference to
the source contact must be included. (Ma.
Ceres P. Doyo, “Writing For Media: Dos
and Don’ts,” Media Bites: An NGO-Media
dialogue)
3. Lobby
The intention of lobby work is to exert
pressure on legislators and other
government officials to enact a law,
policy or regulation or even obtain a
high-level statement about a practice in
society that will be reported in the
media which will set a standard for
other sectors in society to follow.
Press Statement
Human rights lobbying should aim for
the following:
a. Enactment of laws and policies
directly or expressly recognizing
and implementing a certain right
or an element of a right;
A press statement is not a story. It could
be an account, declaration of a position/
stance addressed to the press or the
general public. Always indicate dates of
release and your return address. (Ma.
Ceres P. Doyo, “Writing For Media: Dos
and Don’ts,” Media Bites: An NGO-Media
dialogue)
b.
Abolition of laws and policies
violating or weakening the
protection, promotion, and
fulfillment of a particular entitlement;
c.
Amendment of laws and policies
deemed insufficient in upholding
and realizing human rights;
Letters to the Editor
A letter to the editor is like a statement
addressed to the editor and to the public
whether to make an appeal for a cause,
state a position on an issue or to make an
announcement for an activity.
Press Conferences
d. Ratification of international
human rights instruments and
treaties.
An activity where tri-media personnel, i.e.
print, radio and TV, are the target audience.
For some NGOs, a press conference is
usually organized to make known, in a
55
4. Networking
investigation is synonymous with factfinding. In some forms of monitoring,
the more precise term is examination
rather than investigation. For instance,
medical caregivers conduct periodic
health examinations in monitoring the
progress of rehabilitation of victims.
(Manuel Guzman and Bert Verstappen,
“What is Monitoring” HURIDOCS 2003;
www.huridocs.org)
Organizations with a temporary
character may be formed in order to
facilitate the attainment of a set
objective or target. Such an
organization can be a coalition, task
force or an alliance specifically formed
to campaign for a particular issue like
the repeal of the Philippine Mining Act
of 1995.
5. Mobilizations
In monitoring ESC rights, human rights
workers are particularly interested in
determining the following:
a. What are the human rights
violations or neglect prevalent in
a particular area? Who are
accountable? What is the impact
of these violations and neglect in
the lives of the people in the
community?
b. What are the concrete steps
currently undertaken by the
government to respect, protect,
and fulfill these rights? What are
the gaps? What are the public
services, infrastructure, and
goods present in the area? What
are not available?
High profile activities attended by or
with the participation of a huge number
of people can grab public attention and
generate immediate government
response on the particular issue
highlighted by such actions.
ESC rights activists usually employ
these methods to:
a.) Stop massive violations of
human rights like forced evictions, internal displacements due
to war, widespread corruption,
etc.;
b.) Seek redress and justice for
victims of human rights violations;
c.) Push for or oppose certain laws,
policies, programs, and projects.
Documentation means the recording
Forms of mobilization:
Street marches, rallies,
demonstrations
Pickets
Petitions/delegations
of the results of an investigation or
examination. Documentation is
needed so that the facts can always
be revisited, especially for purposes
of comparison of past and current
situations. (Manuel Guzman and Bert
Verstappen, “What is Monitoring”
HURIDOCS 2003;www.huridocs.org)
6. Monitoring and documentation
Monitoring involves the repeated and
periodic collection of information.
Often, it involves investigating and
documenting a large or a
representative number of human rights
events. Investigation refers to the
process of looking for facts
surrounding an event involving a
violation or determining if violations of
human rights did occur. The term
Human rights documentation serves as
a basis or source of information for the
following courses of action:
a. Sending petitions before a
particular government agency;
b. Negotiating with government
officials;
56
c.
Lobbying for a certain law,
policy, ordinance, or an executive order;
d. Filing a complaint or case in
court;
e. Launching information and
education campaigns;
f. Conducting media work;
g. Utilizing international human
rights protection mechanism.
4. Ma. Ceres P. Doyo. “The Door to Media,
Writing for Media: Dos and Don’ts,” Media
Bites: An NGO –Media dialogue
5. Manuel Guzman and Bert Verstappen.
www.huridocs.org
DEEPENING
•
Ask questions and resolve different
views that were observed. Refer to the
groups’ outputs and identify any form of
ESC rights activism that came out.
Cite any other form from the groups’
outputs that were not mentioned or not
categorized in the input.
SYNTHESIS
•
Ask each participant to give one or two
statements about the effectiveness of
activism if all or some combinations of
the different forms/strategies were used.
References:
1. International Human Rights Internship
Program and Asian Forum for Human Rights
and Development, Module 20, Education for
Empowerment Some Reflections; pp.401403; Circle of Rights, Economic, Social and
Cultural Rights Activism: A Training Resource
2. Maggie Black. A Handbook on Advocacy –
Child domestic workers: Finding a voice,
Anti-Slavery International 2002
3. Ma. Lourdes C. Mangahas. NGO-Media
Liaison, “The Limits of Packaging,” Media
Bites: An NGO –Media dialogue
57
Module 2 – Monitoring Government
Compliance with its ESC Rights Obligations
Objective
To understand better the importance and the
various aspects of monitoring the situation of
ESC Rights in a community.
1. After each group has shared their
outputs, initiate discussion by asking:
a.
How do you determine if government fulfills its ESC rights obligations or not? (setting up indicators)
b.
How can you evaluate or measure government’s compliance
to their ESC rights obligations?
(value of indicators)
Methodology: Group-Discussion
Materials: Pencil, bond paper, crayons
ACTIVITY
INPUT
“Identifying ESC Rights Indicators”
1. Divide participants into five (5) groups.
2. Ask the groups to answer the questions
below:
a. When can you say that the
following ESC rights are realized/fulfilled:
Right to food
·
Right to work
·
Right to education
·
Right to housing
·
Right to health
b.
In general, monitoring is an activity carried out
to determine a problem in a certain situation
or individual case. The following elements
constitute monitoring:
It is carried out over a long period of
time;
It involves collecting or receiving as
much data as possible;
It means close observation of the
situation, usually through constant or
periodic examination or investigation
and documentation of developments;
What do you think should the
government do to realize/fulfill the
conditions of the ESC rights which
the group has described in No. 1?
Standards or norms are used as
references to determine what is wrong
with the situation. Tools or instruments
are also used;
3. Ask a representative of each group to
write their answers on a craft/Manila
paper for presentation to the big group.
58
The product of monitoring is usually a
report about the situation;
* for UN human rights monitoring bodies
** generally for human rights organizations
*** usually pursued by special inter-governmental and/
or non-governmental bodies
The report that comes out embodies
an assessment of the situation that
provides a basis for further action.
Examples of monitoring mechanisms and
organizational initiatives
PURPOSE OF MONITORING
At the international level, the
Committee on Economic, Social and
Cultural Rights (CESCR) monitors how
State Parties to the International
Covenant on Economic, Social and
Cultural Rights (ICESCR) implement
ESC rights. Generally, the purpose is
to determine how each Party to the
Covenant implements their ESC rights
obligations and to formulate comments
or recommendations for better ESC
rights implementation.
The general purpose of monitoring is to
pinpoint a problem in a situation or a case and
to indicate steps that can be taken to remedy
the situation. Most activities that are carried
out eventually as a response to the situation
can be considered reactive activities.
However, monitoring is also undertaken to
forewarn people. Advance warning is
presenting an assessment of a certain
situation citing the likelihood of an outbreak of
conflict or emergency situation such as an
epidemic or famine. It aims to set up
mechanisms of intervention to avert
catastrophic damage to the people.
The Covenant obliges all State Parties
to submit regular reports on how the
rights are implemented. States must
report initially within two years of
accepting the Covenant and every five
years, thereafter. The Committee
examines each report and addresses
its concerns and recommendations to
the State Party in the form of
“concluding observations.”
Specific aims of human rights monitoring are:
a.
to assist governments in applying
international standards;*
b.
to pressure governments to adopt and
implement international standards;**
c.
to undertake domestic legal actions
like taking cases to court;**
d.
to undertake other actions like denunciations and publicity campaigns with
the aim of putting pressure on the
government and/or to enhance public
awareness;**
e.
to help particular victims;**
f.
to give advance warning in potential
conflict areas.***
At the local level, the Commission on
Human Rights (CHR) has recognized
the need for indicators and has started
to work with NGOs to develop these to
effectively monitor economic, social,
and cultural rights obligations of the
Philippine government.
Several Philippine NGOs are setting up
a monitoring system to keep track of
the Philippine government’s compliance
with its economic, social and cultural
rights obligations. Such organizations
are the Philippine Human Rights
Information Center (PhilRights), Task
Force Detainees of the Philippines
59
(TFDP) and the Free Legal Assistance
Group (FLAG).
• Lack of access to government
documents
PhilRights, as the research and
information institution of the Philippine
Alliance of Human Rights Advocates
(PAHRA) was tasked by its Board of
Trustees to conceptualize a project on
a monitoring system for economic,
social, and cultural rights. PhilRights
has already developed a set of
proposed indicators and ESC modules
in preparation for trainings on
monitoring ESC rights compliance/noncompliance of the government.
• Exaggerated data or figures to enhance
performance
A government has an obligation of conduct and
an obligation of result, which means that
activists who seek to monitor and assess
government’s performance must look not only
at what government is doing but also at the
results of what it has carried out.
A government must also respect, protect, promote
and fulfill its ESC rights obligations. These
requirements involve a four-part assessment of
the government’s actions. Government must
also fulfill its obligations progressively to its
maximum available resources.
Steps in Monitoring ( See Module 3- “How to
Conduct Documentation”)
1. Determining what situation/events to
monitor.
2. Determining the population and area
that will be monitored.
3. Preparation of monitoring tool (survey
questionnaire).
4. Actual data gathering/documenting.
5. Preparation of report.
“Progressively” implies that activists have to
monitor government’s obligations over time to
ensure that definitive measures or steps are
undertaken with respect to the realization of a
particular right. Activists may also need to
look at expenditures of government
resources to determine whether the
government is devoting its “maximum
available resources” in meeting its obligations.
PROBLEMS AND ISSUES IN MONITORING
STANDARDS, INDICATORS AND BENCHMARKS
Monitoring and assessing government’s
actions to determine the extent of enjoyment
of ESC rights can, in some cases, are simple.
More often, however, the tasks are quite
complex, for a number of reasons.
Standard is defined as an accepted or approved
norm or level of excellence or quality against
which others are judged or measured.
• Lack of human rights-based reliable
indicator/s that can be used to assess
and monitor the performance of the State
Examples:
• Lack of international monitoring system
based on a human rights framework
1. “Everyone has the right to a standard of living adequate for the health
and well-being of himself and his family,
including […] medical care, and the right
to security in the event of […]sickness,
disability […].” (UDHR Art.25, 1).
• Incomplete, outdated, and unreliable
data base
Art 12 of the ICESCR enumerates the
following standards which States Parties
·
• Absence of commonly agreed indicators
60
among newborns. The result indicator would
be the infant mortality rate while the process
indicator would be the proportion of children
immunized against childhood diseases.
must take steps to realize: “reduction of
the still-birth and infant mortality, and
healthy development of the child;”
“prevention, treatment and control of
epidemic, endemic, occupational and
other diseases,” and “conditions assuring
all medical services and attention in the
event of sickness.”
Use of Indicators
The precise and systematic use of indicators
can contribute in several ways to the
realization of ESC rights. Indicators can help:
2. “Everyone has the right to work
work,
to free choice of employment, to just
and favorable conditions of work and to
protection against unemployment”
(UDHR Art.23,1).
•
•
•
•
The ICESCR: Art. 8 – right to form
trade unions and Art. 9 – the right to
social security.
evaluate advances made in the progressive application of rights;
identify human rights violations or
neglect;
reveal difficulties encountered
develop basic content and establish a
“minimum starting point.”
Indicators can also be used as a tool for:
• Rights against discrimination; right
to work in foreign lands; right to rest
and recreation; right to profit sharing;
right to hazard pay
•
•
Indicators are guided measures based on
standards to illustrate performance and
change. Generally, an indicator is a tool that
shows the direction of an action or serves as
a sign or symptom of a problem. Indicators
are very useful for analysis, even without a
consensus definition of their content.
•
•
·
making better policies and monitoring
progress;
identifying which actors have an impact
on the realization of rights;
revealing whether the obligations of
these actors are being met;
prompting preventive actions
exposing issues that had been neglected or silenced.
Characteristics of Indicators
There are two kinds of indicators: result
indicators and process indicators. A result
indicator measures the outcome of efforts, or
lack of it, by the State to meet a particular
obligation. It therefore provides an indication
of the current status of the enjoyment of a
certain right. A process indicator, on the other
hand, measures the degree to which the
State is complying with its obligations.
1. Ethical – The gathering, processing, and
presentation of the data it requires are ethical
because they respect the rights of the
respondents to confidentiality, freedom of
choice in supplying data, and informed
consent regarding the nature and implications
of the data required.
2. Useful – If the principal use of an indicator at
whatever level serves as a ‘marker of progress’
towards improved social and economic status;
an indicator that is either a direct or proxy
measure of impact
For example, a State has the obligation to
increase literacy among its citizens. The
result indicator would be the literacy rate
while the process indicator would be the
number of schools in the country. Another
example is the obligation to reduce deaths
3. Valid – Measures the issue or condition it is
61
EXAMPLES OF INDICATORS
Right
Currently Used
PhilRights Output
1.) Health
Life Expectancy at Birth
1 functional health clinic per barangay
Infant Mortality per 1,000 live births
1 functional hospital per municipality
Child Mortality per 1,000 population one
to four years old
Presence of blood banks in municipal hospitals
Average number of years of schooling
completed
1 elementary school per barangay
Participation Rate
25-35 students class size
Gross Enrolment Ratio
1 library per school
Persons per sleeping room
presence of home financing scheme including subsidy
Roof and wall construction materials
used
Absence of forced evictions
House tenure status/ Ownership
Presence of government housing programs prioritizing vulnerable groups such as the homeless, disabled,
and refugees
Monetary value of the basket of food
needed for minimum nutritional requirement
Recommended dietary allowance
Consumer Price Index
Presence of government information program on
proper food selection and preparation, and safety
Recommended Dietary Allowances (RDA)
Extent of land conversion (industrial and for tourism
purposes)
Unemployment rate by sex
Number of work / job opportunities in relation to total
working population
Employment/population ratio by sex
Presence of government agency dealing with unemployment
Average income per capita of families by
decile group
Livable wage
2.) Education
3.) Housing
4.) Food
5.) Work
supposed to measure. It is an essential
starting point to establish exactly what the
indicator is supposed to be measuring.
8. Understandable – Must be simple and
unambiguous; its value must be easy to
interpret in terms of the status or condition;
all terms used in the description of the
indicator must be explicitly defined.
4. Specific –Reflects changes in the issue or
condition under consideration.
5. Sensitive – Has the ability to reveal changes
in the issue or condition of interest.
9. Accessible – The data required are already
available or relatively easy to acquire through
feasible survey methods that have been
validated in field trials.
6. Reliable – Gives the same value of its
measurement; was repeated in the same way
on the same population/group/community
and at almost the same time.
Benchmarks
Benchmarks as used in human rights parlance
are, in essence, targets established by
governments on the basis of appropriately
consultative processes, in relation to each of
the ESC rights obligations that apply in the
7. Representative – Adequately encompasses
all the issues or population groups it is
expected to cover.
62
State concerned. Those targets will be partly
quantitative and partly qualitative. They are
linked to specific timeframes, and will provide
a basis upon which “progressive realization,”
as mandated in the ICESCR, can be
measured. Benchmarks are also indicators.
DEEPENING
•
Solicit more insights; resolve
different views that have surfaced
during the previous activity and
discussions.
SYNTHESIS
•· Emphasize key points particularly the
importance of establishing indicators
before a monitoring activity of the
government compliance of their ESCR
obligations can be effectively done.
References:
1. International Human Rights Internship
Program and Asian Forum for Human Rights
and Development. Module 19, Monitoring and
Assessing the Enjoyment of ESC Rights, Circle
of Rights: Economic, Social and Cultural
Rights Activism: A Training Resource.
2. Philippine Human Rights Information Center
(PhilRights). Monitoring Economic, Social and
Cultural Rights: The Philippine Experience
Phase One.
3. Philippine Human Rights Information Center,
(PhilRights). Economic, Social and Cultural
Rights: The Grassroots View, ESC Rights
Standards and Indicators Setting Project
Phase II
4. Manuel Guzman and Bert Verstappen.
www.huridocs.org
63
Module 3 – Data Gathering and
Documentation Techniques
violations. Ask each group to list the possible
sources of their data and information. Also,
come up with sample indicators that the
groups think would best measure the ESC
rights violation under investigation.
Objective
To equip participants with different data
collection and documentation skills and
techniques.
Time Allotted:: 3 hours
3. Each group will write their output in a
Manila/craft paper to be presented to the big
group.
Methodology: Group discussion
Materials: pentel pen, Manila paper
ACTIVITY
•
1. Divide the participants into four (4) groups.
Assign each group one of the following possible
ESC rights violations of a government:
Initiate a discussion; acknowledge
each report and reserve evaluation
until the input.
INPUT
a. Some NGOs alleged that many residents of Municipality A are illiterates.
b. A local newspaper commented that
many children in the remote barangays
of Municipality B have died of measles
over the past weeks.
c. Visitors from Barangay C narrated that
they saw two to three families with 4-6
family members each living in a single
house measuring not more than 40
square meters.
d. In a meeting in Barangay D, housewives
aired their sentiments over the increased price of galunggong that costs
P100 per kilo.
What is data collection?
Data collection involves the gathering of all
available data, which are material and
pertinent to the identification, description, and
solution of a given condition or problem.
When data are abundant and plentiful, it will be
necessary to employ selective processing in
order to use only those that are the best and
eliminate those of doubtful value or those
which will merely serve as corroborative
evidence since there are sufficient materials
available.
2. Ask each group to discuss how they will
proceed in collecting data and information to
verify the alleged or reported ESC rights
However, when data are scarce and collection
is difficult, care should be exercised in
evaluating the importance of available
64
topics provide direction. They are also a
means of maintaining a relaxed atmosphere, as if the interviewer is simply
conversing with the interviewee. Here,
the method of asking around is important to maintain an informal atmosphere.
information to avoid dismissing relevant data
or accepting information carelessly. In solving
a problem or looking into an assumption, care
should be taken in collecting data, otherwise,
the conclusion/s will turn out unreliable and/or
wrong. The dangers consist of:
1. Inadequate data;
2. Unreliable data; and
3. Wrong conclusions from the data.
c. Unstructured interviews
These interviews are not constrained
by guide questions. The respondent
takes the lead and is free to talk about
whatever s/he wants to. The advantage
of this kind of interview puts the
respondent at ease who soon shares
information s/he would normally refuse
to disclose to a stranger. The
disadvantage, though, is this type of
interview is harder to control, thus
requiring more time and commitment
from the interviewer. This is very
effective in evoking life stories.
DATA COLLECTION METHODS
1. Normative survey
Normative survey is a method of gathering
data regarding current conditions. The
method is concerned with ascertaining the
conditions, which prevail in a group of cases
chosen for study, and is essentially a
quantitative method of description of the
general characteristics of the group.
2. Interview
The Dos and Don’ts (Tips on Interviewing)
One of the most effective devices for
gathering data directly from persons who
have actual knowledge of events is the
personal interview. An interview is a
specialized form of verbal interaction where
data are obtained via a face-to-face encounter
between a trained researcher and a
respondent who possesses relevant
information.
Pre-interview
•
•
•
Types of Interviews
Interviews are classified according to the type
of questions asked, the flow of the interview,
the organization of the whole session, and the
interaction between the interviewer and
interviewee.
•
•
a. Structured interviews
Consist of specific questions that follow
a definite flow or sequence using a
questionnaire or interview schedule.
•
•
b. Semi-structured interviews
These interviews are defined as guided
conversations, where guide questions or
65
Make a list of questions.
Carefully formulate the questions by
using simple, gender-sensitive and
culturally appropriate language. If you
need to use technical terms, make sure
these are clearly explained/defined.
Arrange the sequence of the topics/
questions by starting with the easy to
answer questions as a way of establishing rapport and to familiarize oneself
with the interviewee.
Ensure that the venue, conditions and
timing are suitable for conducting the
interview.
Create a good atmosphere by eliminating distractions.
Become familiar with the case and the
interviewee but do not form preconceived conclusions.
Ensure that your materials and equipment are ready and functioning. (e.g.
pen, notebook, tape recorder, batteries, blank tapes)
reasonable, ask them to take some
deep breaths and sit quietly without
talking for a while. It may be appropriate to express your concern.
Interview Proper
•
•
•
•
•
Hold one-on-one interviews in privacy.
Establish trust.
Begin the interview with greetings.
Identify yourself. Describe what you do
in your organization.
Explain what you or your organization
can do, as well as your limitations.
Respect confidentiality.
Concluding the interview
•
•
While conducting the Interview
•
•
•
•
•
•
•
•
•
•
•
•
Ask one question at a time, not a series
of questions.
Avoid being rigid in the pre-determined
order of topics.
Listen. Begin by asking open-ended
questions.
Do not interrupt interviewees right away
even if some points are unclear. Allow
for the sequence of events to be told
as they understood it.
You should ask interviewees to speak
more slowly if you are experiencing
problems in note-taking.
Clarification: Go back over the
interviewee’s accounts, asking questions requiring shorter answers and
clarifying details.
Door-openers: The interviewee may
have difficulty in communicating. Ask
how s/he feels, then encourage her/
him to talk further.
Open-ended responses give encouragement and assistance in communicating.
They may be either complete or
incomplete statements or questions
that cannot be answered by a simple
yes or no.
Ask questions about health, possible
physical pain.
How to listen and respond: Stay calm
and communicate that calmness to the
victim. Listen with an open mind,
without judgment or preconceived
assumptions. Be conscious of the
pitch, tone, pacing, vocal inflections,
facial expressions and body movements—both yours and the interviewee.
What to do if the interviewee talks nonstop. Try not to interrupt too soon. If
they will continue to speak longer than
Ask the interviewer if s/he would like to
add anything or ask questions.
Remind the interviewee and make sure
s/he understands what you are going to
do with the information.
Thank the interviewee for his/her time.
Post Interview
•
•
Check your interviewee’s story by
interviewing other informants or gathering other evidence.
Review notes to check whether all
areas have been covered.
Interview Sources
a. Experts/Key informants
Experts provide information, background and
historical knowledge. They come from many
different fields like law, medicine, science and
technology, environment to human rights, etc.
b. Police and military
The police and military perform investigations
and have confidential information.
c. Government officials
These are local executives, officials of
relevant national government agencies, areabased agencies, and field-based personnel of
agencies.
d. Lawyers
Lawyers are privy to information because of
the wide array of cases they handle ranging
from business matters to civil and criminal
disputes.
e. Victims
In human rights documentation, one of the
most important sources of information is the
actual victim or those mostly affected by the
moves or failures of the government. They
provide first hand account of the incident or
66
experience which is very crucial in identifying
immediate response and the responsible
parties—facts that are required to petition for
redress.
5. Gathering of physical and material evidence
6. Ocular inspection
ACTIVITY
f. Non-Governmental Organizations (NGOs)
NGOs possess useful information especially
data pertaining to areas where they operate.
More often than not, NGO information
contradicts the official data.
1. Ask the participants to form pairs. One will
interview his/her partner for 5 minutes. The
interviewer has to make his/her questionnaires or guide questions. The interviewee on
the other hand, has to listen and answer
questions accordingly. The interviewer and
interviewee should act according to the
situations they will choose. Below are the
situations where the pairs can start from:
a. The interviewee is a mother of a
child who died of measles.
b. The interviewee is a 17-year-old who
dropped out of school.
g. Journalists
Journalists, especially those who cover
regular beats are knowledgeable, have
contacts and a network. They have access to
sensitive information that are not available to
the public.
h. Others
The list of human sources can be limitless
depending on the subject or area of research:
social workers, businessmen, relief aid
agencies, etc.
2. Ask the rest of the participants to form a
group. One member of the group will be the
interviewer and the rest will be the
interviewees. The interviewees will act as
members of an indigenous group who were
displaced from their ancestral land by a
mining exploration in their area.
3. Focus group discussion (FGD)
FGD is a means to validate the data from the
interviews or survey or other forms of data
gathering. Theoretically, the number of
participants should be between 10-12, but
based on experience, the ideal number is
between 6-8 only, because some participants
tend to dominate the discussion in a big group.
3. At the end of the activity, the facilitator
should ask each interviewee to critic how
their interviewers carried out the interview.
WHAT IS DOCUMENTATION?
There is a better chance of good dynamics
among the participants in a heterogeneous
group. In FGD, it is important to focus on the
topic. A good facilitator and a one-page guide
questionnaire are very important for an
orderly and exhaustive discussion.
•
Documentation refers to the process of
recording information or the process of
collecting and organizing documents.
Two kinds of documentation
4. Secondary archival research
1. Library–type of Documentation
• Involves collection of documents
This is basically gathering of documents from
libraries and government offices.
2. Documentation of Events
• Involves recording of information about
ongoing or recent events
(For different types of documents, see
appendix A.)
67
ASPECTS OF DOCUMENTATION
Aspects
Library-type Documentation
Documentation of Events
General purpose
To aid in learning and research
• Specific purpose;
action-oriented·
• Information collected pertains
to actual events that happened
on the ground and used in
various kinds of intervention in
these events.
Nature of Information handled
Public information
• Confidential information ·
• Information are often dynamic;
some facts are prone to change
quickly and need to be updated
Clientele
• Wider clientele
• Users can be internal (staff &
members) as well as external (those
with interest in the information handled)
• Very limited circle of users·
• Documentors or their
colleagues in the same
organization make use of the
information gathered.
Author of Documents
• Documentalist: responsible for
collecting documents produced mainly
by others and organizing these for
greater accessibility and use
• Documentor: records data and
analyses of an event, in the
process producing documents
that contain details of the event.
Nature of the task
• Collects existing information
materials (published or unpublished).
• Task involves physical examination
of an information material that is
clearly definable
• Information often unorganized
and exists as knowledge in the·
minds of persons involved in the
events.·
• Task involves drawing out
various pieces of information;
analyzes, puts together and
produces materials that contains
the assembled information.
Evaluation of Information gathered
• Content description (indexing)
• Application of rules of evidence
(corroboration)
PURPOSES OF HUMAN RIGHTS
DOCUMENTATION
Fact-finding
The process of gathering information to
identify and investigate a particular event or
a human rights violation is called fact-finding.
•
•
•
•
•
•
The usual steps of fact-finding are:
a. interview
b. ocular inspection
c. process observation
d. collection of relevant documents
e. taking pictures
f. use of other recording instruments
both audio and video
g. forensic examination
h. report writing
•
•
Human rights education, popularization
Standard-setting
Direct assistance to victims
Pursuit of justice, to seek redress
Local and international advocacy
Preparation of situationers and human
rights reports
Lobbying
Establishment of historical records
HOW TO CONDUCT DOCUMENTATION
1. Determine the information needed and
establish the means to acquire it.
2. Record the acquired information and store
them in appropriate containers (called documents) or collect existing documents.
68
3. Organize the documents for accessibility.
Tips
Data gathering encompasses work such as
gathering of documents, observation,
interviewing, ocular inspection, and
recording of information, etc. Documentation
is a part of the whole data gathering process.
It is the act of collecting and organizing
documents and the actual recording of
information based on documents, interviews,
observation, ocular inspection or reflection to
produce a new document.
4. Provide the documents to users who
need the information.
SAMPLE DOCUMENTATION TOOLS
(SEE APPENDIX B)
•
•
•
Interview schedule
Survey questionnaires/Monitoring tool
Field diary (for observation and reflection)
DEEPENING
Equipment and accessories needed for
documentation work
•
•
•
Tape recorder, blank tapes
Camera, film, batteries
Refer to the groups’ outputs and explain/
classify them according to the input.
Resolve differences on views and
opinions that may arise.
After the documentation work, the
documentor should have in her/his custody
the following:
•
•
•
•
•
•
•
•
•
•
SYNTHESIS
•
Accomplished documentation tool (e.g.
monitoring tool, survey questionnaire or
fact sheet)
Observations and reflections recorded
in the field diary
Text of an interview
Tape records of an interview
Transcripts of interviews
Photos
Maps
Summaries of the field diary or interviews (if required)
List of informants and sources of
information/materials
Other relevant documents or materials
Ask participants to share relevant
experiences.
References
International Human Rights Internship Program
and Asian Forum for Human Rights and
Development. Module 19, Monitoring and
Assessing the Enjoyment of ESC Rights, Circle
of Rights: Economic, Social and Cultural
Rights Activism: A Training Resource, 2000
Ma. Teresa Dela Cruz, Elizabeth Protacio de
Castro, Faye G. Balanon, Jay A.Yacat and
Carolina T. Francisco. Small Steps, Great
Stride, 2001
Jose Arias Adeva. Research and Thesis
Writing
PhilRights and PAHRA. Making a Research
Design
69
Nymia P. Simbulan. “Monitoring Human Rights:
Role of NGOs and Civil Society in Documenting
and Reporting Human Rights Violations”
Sylvia Guerrero (ed.). Gender Sensitive and
Feminist Methodologies: A Handbook for
Health and Social Researches. UP Press,
2002
Manuel Tan (ed.). Basic Paralegal Training
Module: A Paralegal Trainer’s Handbook.
Paralegal Training Services Center, 1996
Manuel Guzman and Bert Verstapnen. “What is
Documentation,” Huridocs 2003,
www.huridocs.org
PhilRights. The Grassroots View- ESC Rights
Standards and Indicators Setting Project Phase
II; 2002
70
Module 4 – The ESC Monitoring Tools
d.
How will you ask the questions?
(select some questions)
e. What other comments/suggestions
do you have?
Objectives
At the end of the session the participants:
1. will become familiar with and be able to
administer the ESC Monitoring Tools;
2. can raise points and recommendations
for the improvement of the Tools.
2. Facilitator/Documentor should take
note of the comments/suggestions.
INPUT
Methodology: Input discussion, Dry run
1. Purpose of each tool.
2. Rationale of each question in view of
the overall purpose of the tool. (Leave
self-explanatory questions).
3. Possible answers to some questions.
4. Review some pointers on how to ask
some questions. (see Tips on Interviewing, Module 3)
Materials: Copies of ESC Monitoring Tools for
the participants and facilitators
ACTIVITY 1
“Know your ESC tools”
DEEPENING/SYNTHESIS
The facilitator will give each participant a copy
of the tools (please see the PhilRights ESC
monitoring tools located after this set of
modules) and within 20-30 minutes let them
read the questionnaires.
Emphasize key points and suggestions and
unify the participants’ understanding of the
tools discussed.
ACTIVITY 2
1. Ask the following:
a. What do you think is the purpose of
each tool (data or insights it is
looking for)?
b. Were the questions appropriately
placed?
c. What do you think are the expected
answers?(select some questions)
“Dry run interview”
1. The participants will go out and conduct
interviews using the tools. Make a prearranged interview of residents in a
nearby community. The interview
would focus on matters affecting the
residents’ enjoyment of their rights to
71
housing, education, work, food, and
health.
DEEPENING/SYNTHESIS
2. Divide the participants into groups of
twos and give each pair an ESC Monitoring Tool.
Emphasize key points of the discussion. State
new suggestions/recommendations and re-unify
the participants’ understanding of the tools after
the dry run.
3. Let each pair decide who will be the
interviewer and the documentor.
4. After the interviews, the participants will
come back for the plenary and evaluation of the tools.
5. The facilitator asks the following
questions:
a. Were the target results of the tools
achieved?
b. What were the problems encountered during the conduct of the
interviews? (Interviewer-interviewee
encounter)
c. What were the problems encountered as regards the questions and
the expected answers?
d. What are your recommendations to
such problems?
6. The facilitator will write on the board all
the feedback from the participants and
clusters the points and feedback raised
according to the following categories:
a. problems on the target results;
b. problems on the appropriateness
of each questions;
c. problems regarding the skill of the
interviewer;
d. recommendations.
72
Appendix A
DOCUMENTS AS SOURCES OF BASIC AND ESSENTIAL INFORMATION
To enable easy access, Republic Act 6714
provides the concerned offices and
institutions the capability of releasing these
public documents.
Types of Documents
1. Public Documents – accessible to the
public
a. Corporate records
2. Non-public documents
These documents contain statements of
assets and liabilities and can be obtained
from the Securities and Exchange
Commission (SEC). Yearly financial
statements can also be secured from the
SEC.
These documents are not available to the
public. Researchers must exert extra effort to
get these records.
a. Investigative files
Military, police, and even government
agencies
b. Property records
Property records are mainly land titles
obtained from the Land Registration
Authority or from the Registry of Deeds
from the local municipality.
Anomalies within an organization are usually
found in these files.
c. Court records
These reports are usually made by the
military and PNP.
b. Intelligence Reports
Court proceedings and papers are found in
court records. Getting hard-to-find
documents can sometimes be facilitated by
the courts because they have the power to
subpoena respondents. It is advisable to
get these documents from lawyers who
usually have an efficient filing system.
• Audit Report
• Budget
• Contracts
• Licenses and Permits
• Transcript of Congressional hearings
and investigations
• Statements of Assets and Liabilities
• Civil Registry Records
c. Medical/Psychiatric files
73
Appendix B
SAMPLE DOCUMENTATION TOOLS
I. Interview Schedule
Right to Health
Brgy/Municipality/Province: ________________________________________
Population size: __________________________________________________
Main source of income: ___________________________________________
Classification of Brgy/Municipality:
[ ] 1st class
[ ] 4th class
nd
[ ] 2 class
[ ] 5th class
rd
[ ] 3 class
[ ] 5th class
Date of interview: ___________________________
Name of interviewer: _________________________
Comments: _______________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
1. Name of respondent: __________________________________________
2. Position/rank in brgy./municipality: _______________________________
Health problems/conditions in brgy.
3. What are the top 3 causes of morbidity?
3.1 Children under 5?
3.2 Women?
4. What are the top 3 causes of mortality?
4.1 Children under 5?
4.2 Women?
5. What percentage of the children in the brgy./municipality are suffering from malnutrition?
6. What are the top 3 health problems of the elderly?
7. What are the top 3 mental health problems?
Health facilities, programs/services
8. How many primary health care units are there?
9. How far is the nearest public health center by foot? by public land transportation?
10. What is the proportion of the population in the brgy that goes to the nearest public health center for
consultation & treatment of their health problems compared to those who do not?
11. Does the health center have a doctor?
[ ] Yes (Proceed to Q12)
[ ] No (Proceed to Q13)
12. How many times in a week does the doctor attend to the needs of the patients?
13. Who is always present in the health center to attend to the needs of patients? How many times in a
week does the health personnel report to the health center?
74
14. What are the medical facilities, equipment (e.g. weighing scale, sphygmomanometer/blood pressure
equipment, thermometers) available in the health center? how many?
15. Which of these medical facilities, equipment are functional or in good working condition?
16. What kind of medicines or drugs are always available in the health center?
17. What health services/programs are in place to address the top 3 causes of morbidity?
17.1 Children?
17.2 Women?
18. What health services/programs are in place to address the top 3 causes of mortality?
18.1 Children?
18.2 Women?
19. What health services/programs are in place that address the health needs & problems of the elderly?
20. What health services/programs are in place to address the top 3 mental health problems?
21. What are the common problems/difficulties/complaints experienced by the brgy. residents when going
to the nearest health center with regards to:
21.1 how health personnel deal with patients
21.2 schedule of services
21.3 waiting time
21.4 quality of service/treatment
22. What percentage of the population use the services of alternative/traditional/indigenous health
workers in the barangay (for example herbolario, hilot, traditional birth attendants or comadrona)?
23. Are the services provided by the traditional/indigenous health workers recognized and supported by
the public health system? [ ] Yes [ ] No
24. How are the services/practices provided by the traditional/indigenous health workers supported by
the public health system?
25. What is the proportion of the population that is covered and not covered by the public health
insurance?
Reproductive health
26. How many women who wish to use contraceptives have access to safe & effective methods of
contraception? How many women do not have access to safe & effective methods of contraception?
27. What is the proportion of births that are attended by skilled health personnel and those that are not?
28. What is the proportion of births that are attended by traditional birth attendants (TBAs) and those that
are not?
29. What is the proportion of pregnant women who have access to pre- and post-natal medical care
composed to those who do not have access?
Environmental sanitation
30. What percentage of the population has access to clean, safe drinking water?
31. What percentage of the population has access to adequate sanitation & waste disposal system?
75
II. *Survey Questionnaire
Sarbey sa Pang-ekonomiya, Panlipunan
at Pangkulturang Karapatan
Philippine Human Rights Information Center (PhilRights)
1. Personal na Impormasyon
Pangalan ng kasapi
ng pamilya (kasama
ang respondent)
Relasyon sa
ini-interbyu
Kasarian
Edad
Hanap-buhay
Lugar ng
hanap-buhay
Kalagayang
Sibil
Edukasyon
Tagal ng
paninirahan
sa lugar
* Koda para sa mga sagot:
A. Relasyon
(1) asawa
(2) anak
(3) kapatid
(4) nanay
(5) tatay
B. Kasarian
(1) lalaki
K. Hanap-buhay
(1) empleyado
(2) mangangalakal
(3) magsasaka
(4) mangingisda
(5) namamasukan
D. Lugar ng hanap-buhay
(1) komunidad
(2) ibang bayan
(3) ibang probinsya
E. Tagal ng Paninirahan
(1) 0 - 3 taon
(2) 3 - 5 taon
F. Kalagayang sibil
(1) walang asawa
G. Edukasyon
(1) di pa nag-aaral
(2) di nakapag-aral
(3) nursery
(6) tiyuhin
(7) tiyahin
(8) pinsan
(9) pamangkin
(10) lolo
(11) lola
(12) bayaw
(13) hipag
(2) babae
(6) drayber
(7) ahente
(8) nagtitinda
(9) mekaniko
(10) karpintero
(11)
(12)
(13)
(14)
latero
tubero
konstruksyon
Iba pa ___________________
(4) ibang rehiyon
(5) ibang bansa
(3) 5 - 10 taon
(4) mahigit 10 taon
(2) may-asawa
(4) elementarya
(5) hayskul
(6) kolehiyo
(7) masters degree
(8) doctorate
(9) bokasyunal/teknikal
** (I) Instruksyon
Kung higit sa isa ang hanap-buhay, isulat lahat ang koda gayun din ang lugar ng trabaho. Halimbawa kung
ang ini-interbyu ay magsasaka at mangingisda, isulat ang (3) at (4). Kung siya ay nagsasaka sa komunidad
at nangingisda sa ibang probinsya, isulat ang (1) at (3).
76
3.
Mga tanong hinggil sa karapatan sa pagkain
3.1 Sa araw-araw, kayo ba ay nakakakain ng mga sumusunod? Oo - Hindi
____ Almusal
____Tanghalian
____Hapunan
____Meryenda
3.2 Ano ang kadalasan ninyong kinakain sa: (Lagyan ng tsek ang mga sagot)
Almusal
Tanghalian
Hapunan
Pandesal
Kape
Kanin o sinangag
Prutas
Tuyo
Itlog
Iba pa
Kanin
Gulay
Baboy
Baka
Isda
Prutas
Iba pa
Kanin
Gulay
Baboy
Baka
Isda
Prutas
Iba pa
3.3 Gaano kayo kadalas bumili ng pagkain para sa hapag kainan ?
____ Araw-araw ____ Tuwing ikalawang araw ____ Lingguhan ____ Iba pa
3.4 Pakitantya ang nagagastos ninyo sa pamamalengke ng pagkain para sa hapag kainan
Dalas ng pagbili
Halaga ng nagagastos (sa piso)
0-200
201-400
401- 600
601-800
801-1000
1001 pataas
Araw-araw
2 beses kada linggo
Lingguhan
Iba pa
3.5 Saan kadalasan nanggagaling ang inyong pagkain?
Palengke
Sariling
tanim
Sariling
huli
Hinihingi
Bigas/ mais
Isda
Karne
Gulay
Tinapay
Prutas
Mantika at rekado
De-lata
Gatas at kape
77
Alaga sa
bakuran
Panaderya
Tindahan
Talipapa
3.6 May pagkain ba kayong naiimbak sa mga panahon ng taggutom o ng kalamidad:
_____ wala _____ meron
3.6.1 Kung meron, ito ba ay: ___ sapat ___ hindi sapat
3.6.2 Kung meron, maglista ng limang uri ng pagkaing iniimbak :
a. _______________________________________
b. _______________________________________
k. _______________________________________
d. _______________________________________
e. _______________________________________
3.7 Ano ang kadalasang problemang nararanasan ninyo kaugnay ng pagkain?
a. Wala kaming pambili ng pagkain
_______
b. Kulang ang pambili ng pagkain
_______
k. Hindi sigurado ang dami ng naaaning palay
_______
d. Malayo ang bilihan ng pagkain
_______
e. Iba pa (pakisulat) ________________________________________
3.8 Paano ninyo tinutugunan ang mga problemang binanggit ninyo sa 3.7?
a.
b.
k.
d.
e.
g.
Hindi kumakain nang husto
_______
Nagpapaliban ng ilang kainan
_______
Nangungutang ng pambili ng pagkain
_______
Nanghihingi ng pagkain sa mga kamag-anak o ibang tao _______
Naghahanap ng dagliang mapagkakakitaan ng pambili
_______
Iba pa (pakisulat) _______________________________________
* This was taken from the questionnaire used during the PhilRights field research on ESC rights
grassroots-based indicators.
78
PHILRIGHTS’
ESC RIGHTS
MONITORING TOOLS
79
Barangay Interview Schedule
Pagpapakilala:
Magandang araw po. Ako po si ______________________ (pangalan ng nag-iinterbyu) na taga Philippine
Human Rights Information Center (Philrights), isang NGO na nagsasagawa ng pananaliksik at nangangalap
ng mga datos hinggil sa kalagayan ng karapatang pantao at pamumuhay ng mga tao sa komunidad. Pakay
ko po kayong interbyuhin bilang pinuno ng _______________ (barangay/organisasyon/samahan) sa inyong
lugar upang malaman ang kalagayan at mga problema ng mga residente sa pagkain, trabaho, pabahay,
kalusugan, edukasyon, sistema ng pamamahala at partisipasyon sa barangay. Tatagal po ng mga tatlumpu
hanggang apatnapung minuto ang interbyu. Umasa po kayong mananatiling kumpidensyal ang lahat ng
impormasyon at kasagutang ibabahagi ninyo sa interbyung ito.
(Introduction:
Good morning/afternoon. I am ______________________ (name of interviewer) from the Philippine
Human Rights Information Center (PhilRights), a non-government organization (NGO) conducting a research
on the status of human rights and living conditions in your community. I want to interview you in your
capacity as leader of _______________ (barangay/organization/association) regarding the situation and
problems concerning food, work, housing, health, education, and participation in governance of the
residents of this barangay. The interview will last from thirty to forty minutes. Rest assured that all the
information you will share will be treated with utmost confidentiality.)
BIS No. ______
(Paalala: Ang sasagot ng questionnaire na ito ay pwedeng ang Barangay Captain, sinumang opisyal sa
barangay, o pinuno/lider ng mga samahan o organisasyon sa lugar)
(Reminder: Respondent to this questionnaire may be the Barangay Captain, any of the barangay officials,
or leader of the organization/association in the barangay)
I. Pangalan ng Ini-interbyu (opsyonal): (Name of Interviewee, optional)
_______________________________________________________________________________________
II. Katungkulan ng Ini-interbyu: (Position/designation) ____________________________________________
III. Pangalan ng Nag-interbyu: (Name of Interviewer) ____________________________________________
IV. Petsa ng Interbyu: (Date of Interview) ______________________________________________________
V. Lugar ng Interbyu: (Place of Interview) _____________________________________________________
VI. Komentaryo ng nag-interbyu: (Notes & comments regarding the conduct of the interview)
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
80
I. Demograpiya o katangiang pisikal ng lugar (Demographic & physical characteristics of the area)
1.
2.
3.
4.
Pangalan ng lalawigan: (Province) ___________________________________________
Pangalan ng lungsod/bayan: (Municipality) ____________________________________
Pangalan ng barangay: (Barangay) __________________________________________
Lokasyon ng barangay: (Location) ___________________________________________
( ) 01 – Rural
( ) 02 – Urban
( ) 03 – Kapitol (Capital)
( ) 04 – Sentrong Bayan / Poblasyon / Bayan (Town Center)
( ) 98 – Iba pa (Other)
5. Ilang purok ang bumubuo sa barangay? (Number of zones or ‘purok’ in the barangay) _______
6. Populasyon ng barangay: (Estimated barangay population) ________________ (Estimate o Tantya)
7. Mga pangunahing pinagkukunan ng ikinabubuhay? (Maaaring pumili ng mahigit sa isa) (Primary
source/s of livelihood. You may check more than one category)
___ (01) pagsasaka (farmers)
___ (02) pangingisda (fishers)
___ (03) maliit na negosyo (sari-sari store, at iba pa) (small business, e.g., sari-sari store, etc.)
___ (04) pag-eempleyado/pamamasukan sa opisina (office workers)
___ (05) pagta-trabahador sa pabrika, taniman, at iba pa (laborers in factory, plantation, etc.)
___ (06) pagtitinda (vendor) (vendors)
___ (07) pamamasada (drivers)
___ (98) iba pa, tukuyin (others, pls. specify) __________________________________
8. Bilang ng mga tauhang pambarangay: (Isulat ang bilang) (Number of barangay officials. Indicate
the actual number)
Tanod: (Peace officers) _______
Mga purok lider: (Zone leaders) _______
Barangay Librarian: (Barangay librarian) _______
Daycare worker: (Daycare worker)_______
Iba pa (tukuyin) (Others, specify) _________________________________________
II. KARAPATAN SA KALUSUGAN (RIGHT TO HEALTH)
9. Meron bang health center o health station sa inyong barangay? (Is there a health center or health
station in the barangay?)
___ (01) Meron (Yes)
___ (02) Wala (No)
10. Ano ang distansya ng pinakamalapit na health center sa inyong barangay? (Distance of the health
center nearest to the barangay) ______ (metro o kilometro) (meters or kilometers)
11. Gaano katagal ang paglalakbay mula sa inyong barangay papunta sa pinakamalapit na health station
o center (How long does it take to reach the health center/station nearest to your barangay?) ______
(oras at/o minuto) (in minutes and/or hours)
12. Paano nararating ang pinakamalapit na health center o station mula sa inyong barangay ((Klase/moda
ng transportasyon)? (Mode of transportation used in going to the nearest health center/station)
______________________________________________________________________________
81
13. Sa pinakamalapit na health center, meron bang doktor na nakabase? (Is there a doctor who is based
in the nearest health center?)
___ (01) Meron (Yes) ___ (02) Wala (No)
14. Kung meron, ilan? (If yes, how many?) ____
15. Sa pinakamalapit na health center, meron bang doktor na dumadalaw? (Is there a visiting doctor in
the nearest health center?)
___ (01) Meron (Yes) ___ (02) Wala (No)
16. Kung meron, ilang beses sa loob ng isang buwan? (If yes, how many times per month is the scheduled
visit?) _______
17. Sa pinakamalapit na health center, meron ba ng mga sumusunod na tauhang pangkalusugan? (Indicate
the presence of the following health personnel in the nearest health center)
Tauhang pangkalusugan(Health Personnel)
01 – Meron (Yes)
02 – Wala (No)
Kung meron, ilan?
(If yes, how many?)
01. Nurse
02. Dentista
03. Midwife / Komadrona
04. Barangay Health worker
18. Sa pinakamalapit na health center, meron ba ng mga sumusunod na kagamitang pangkalusugan?
(Indicate the presence of the following health facilities in the nearest health center)
Kagamitang pangkalusugan
(Health Facility)
01 – Meron (Yes)
02 – Wala (No)
telepono (komunikasyon)
(telephone)
timbangan (weighing scale)
stethoscope
sphygmomanometer
(pang-BP)
thermometer
82
Kung meron, ilan?
(If yes, how many?)
Kung meron, ito ba
ay maayos at
nagagamit? (Are the
facilities in good
condition?)
01 – Oo (Yes)
02 – Hindi (No)
19. Sa pinakamalapit na health center, meron ba ng mga sumusunod na serbisyong pangkalusugan?
(Indicate the presence of the following health services in the nearest health center)
Serbisyong pangkalusugan (Health service)
01 – Meron (Yes)
02 – Wala (No)
Kung meron, gaano
kadalas sa isang
taon? (Tingnan ang
koda) (If yes, how
often is this conducted in a year?
Refer to codes)
Mga seminar o pagpupulong hinggil sa: (Seminars
or lectures on)
Family planning
Mothers’ classes
Adolescent health
Nutrition/Food preparation
Waste management
Preventive medicine
Herbal medicine/traditional medicine
Mental health
Mga sakit tulad ng dengue, TB, tigdas, at iba pa
(Diseases like dengue, TB, measles, etc.)
Regular na pag-monitor sa mga sakit at kalinisan sa lugar
(Regular monitoring of health situation and sanitation
in the area)
Pagbabakuna (Vaccination/immunization)
Lying-in / libreng pagpapa-anak
(Free maternity/child delivery services)
Well-baby clinic/konsultasyon
Pre-natal clinic/konsultasyon
Pagpapatali (tubal ligation)
Vasectomy
Pamimigay ng contraceptives (pills/condom, iba pa)
(Free contraceptives such as pills, condom, etc.)
Herbal garden
Pagpapamigay ng polyeto o poster
(distribution of reading materials, posters on health care)
Pampublikong anunsyo (radio, T.V., mobile team)
(public announcements through radio, TV, mobile teams)
‘Feeding program’ para sa mga nanay at mga bata
(feeding programs for mothers and children)
Pamimigay ng libreng bitamina lalo na sa mga bata
(distribution of free vitamins especially for children)
MGA KODA (Codes)
___ (01) laging meron, buong taon (always, year-round)
___ (02) lingguhan (once a week)
___ (03) buwanan (once a month)
___ (04) tuwing ikatlong buwan (quarterly) (every 3 months, or quarterly)
___ (05) dalawang beses sa isang taon (twice a year)
___ (06) taunan (once a year)
___ (07) walang tiyak na iskedyul pero madalas (no definite schedule, but done often)
83
___ (08) walang tiyak na iskedyul pero napakadalang (no definite schedule, and done rarely)
___ (98) iba pa (others) ____________________________________________
20. Ano ang uri ng pinakamalapit na pampublikong ospital sa inyong barangay? (Type of public
hospital nearest your barangay)
___ (01) Municipal (Municipal)
___ (02) District (District)
___ (03) City (City)
___ (04) Provincial (Provincial)
___ (98) Iba pa (tukuyin) (Others, specify) _____________________________
21. Ano ang distansya ng pinakamalapit na pampublikong hospital mula sa inyong barangay? ______
(metro o kilometro) (Distance of the nearest public hospital from your locality, in meters or kilometers)
22. Gaano katagal ang paglalakbay mula sa inyong barangay papunta sa pinakamalapit na pampublikong
ospital? (How long does it take to reach the public hospital nearest to your barangay?)______ (oras at/o
minuto) (in minutes and/or hours)
23. Paano nararating ang pinakamalapit na pampublikong ospital mula sa inyong barangay (Klase/moda
ng transportasyon)? (Mode of transportation used in going to the nearest public hospital)
______________________________________________________________________
24. Sa pinakamalapit na pampublikong ospital, meron bang doktor na nakabase? (Is there a doctor who is
based in the nearest public hospital?)
___ (01) Meron (Yes) ___ (02) Wala (No)
25. Kung meron, ilan ang doktor na nakabase sa ospital? (If yes, how many doctors are based in the
hospital?) _______
26. Sa pinakamalapit na pampublikong ospital, meron bang doktor na dumadalaw? (Is there a visiting
doctor in the nearest hospital?)
___ (01) Meron (Yes) ___ (02) Wala (No)
27. Kung meron, ilang beses sa isang linggo? (If yes, how many times in a week is the scheduled visit?)
________
28. Sa pinakamalapit na pampublikong ospital, meron ba ng mga sumusunod na serbisyong
pangkalusugan? (Indicate the presence of the following health services in the nearest public hospital)
84
Serbisyong pangkalusugan (Health service)
01 – Meron (Yes)
02 – Wala (No)
Kung meron, gaano
kadalas? (Tingnan
ang koda) (If yes,
how often? Refer
to codes)
24-hour emergency and surgical services
Regular blood donation and screening program
Referral and coordinating system
Mga seminar o pagpupulong hinggil sa: (Seminars
or lectures on)
Family planning
Mothers’ classes
Adolescent health
Nutrition/Food preparation
Waste management
Preventive medicine
Herbal medicine/traditional medicine
Mental health
Mga sakit tulad ng dengue, TB, tigdas, at iba pa
(Diseases like dengue, TB, measles, etc.)
Regular na pag-monitor sa mga sakit at kalinisan sa lugar
(Regular monitoring of health situation and sanitation
in the area)
Pagbabakuna (Vaccination/immunization)
Lying-in / libreng pagpapa-anak
(Free maternity/child delivery services)
Well-baby clinic/konsultasyon
Pre-natal clinic/konsultasyon
Pagpapatali (tubal ligation)
Vasectomy
Pamimigay ng contraceptives (pills/condom, iba pa)
(Free contraceptives such as pills, condom, etc.)
Herbal garden
Pagpapamigay ng polyeto o poster
(distribution of reading materials, posters on health care)
Pampublikong anunsyo (radio, T.V., mobile team)
(public announcements through radio, TV, mobile teams)
‘Feeding program’ para sa mga nanay at mga bata
(feeding programs for mothers and children)
Pamimigay ng libreng bitamina lalo na sa mga bata
(distribution of free vitamins especially for children)
MGA KODA (Codes)
___ (01) laging meron, buong taon (always, year-round)
___ (04) tuwing ikatlong buwan (quarterly) (every 3 months, or quarterly)
___ (07) walang tiyak na iskedyul pero madalas (no definite schedule, but done often)
___ (08) walang tiyak na iskedyul pero napakadalang (no definite schedule, and done rarely)
___ (98) iba pa (others) ____________________________________________
85
29. Nitong nakaraang taon, may mga naitala ba ang barangay ng mga sumusunod na kaso? (During the
past year, have there been reported cases of the following:)
Mga Kaso (Cases)
01 – Meron (Yes)
02 – Wala (No)
Ilan ang naitalang
kaso? (Number of
cases recorded)
Pagpapakamatay (Suicide)
Pagkabaliw/’nervous breakdown’
Rape o pang-aabusong sekswal ng kababaihan
(Rape or sexual abuse of women)
Pambubugbog/pananakit ng kababaihan
(Physical abuse of women)
Rape o pang-aabusong sekswal ng bata (below 18)
(Rape or sexual abuse of children below 18 years old)
30. Problema ba sa inyong barangay ang paggamit ng droga/bawal na gamot? (Is drug abuse a problem
in your community/barangay?)
___ (01) Oo (Yes) ___ (02) Hindi (No)
31. Problema ba ang pagkagumon sa alak /alkoholismo sa inyong barangay? (Is alcoholism a problem in
your community/barangay?)
___ (01) Oo (Yes) ___ (02) Hindi (No)
32. May mga programa ba o proyekto ang barangay para tugunan ang mga problemang may kinalaman
sa pag-iisip o katinuan ng mga residente? Hal. ‘counselling at psycho-social services. (Does the barangay
extend programs/projects that address the mental health/well-being of the residents, e.g., counselling
and psycho-social services?
___ (01) Meron (Yes) ___ (02) Wala (No)
33. Kung meron, anu-ano ang mga ito? (If yes, what are these?)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
34. May mga programa ba o proyekto ang munisipyo na ipinapatupad sa inyong barangay na may
kinalaman sa pag-iisip at katinuan ng mga residente? Hal. ‘counselling at psycho-social services. (Does
the municipality extend programs/projects that address the mental health/well-being of the residents,
e.g., counselling and psycho-social services?
___ (01) Meron (Yes) ___ (02) Wala (No)
35. Kung meron, anu-ano ang mga ito? (If yes, what are these?)
______________________________________________________________________
______________________________________________________________________
36. Ilang porsyento ng populasyon ng barangay ang kumukuha/gumagamit ng mga serbisyong
pangkalusugan ng pamahalaan? (Pakitantya) (Pls. estimate the portion/percent of the barangay population
avails of the government’s health services/programs) ________
37. Pag may sakit ang mga residente ng barangay saan kadalasang dinadala? Tantyahin ang porsyento sa
kabuuang bilang ng mga nagkakasakit. (When a barangay resident gets sick, where is s/he brought for
treatment? Give a rough estimate)
86
Saan karaniwang dinadala
ang may sakit? Pwedeng
higit sa isa ang sagot (Where
are the sick brought for
treatment? You may give
more than 1 answer)
Iranggo ang inyong
sagot mula sa (1)
bilang pinakamadalas
pagdalhan (Rank your
answer, with 1 as the
place where the sick
are most often brought.)
Health center
Pampublikong ospital
(Public hospital)
Albularyo (Traditional healer)
Pribadong clinic o ospital
(Private clinic/hospital)
98. Iba pa (Others)
38. Ano ang karaniwang problema o reklamo ng mga residente hinggil sa mga tauhang pangkalusugan
(public health personnel)? Maaaring sumagot nang higit sa isa. (What are the residents’ common problems/
complaints when it comes to dealing with public health personnel? More than 1 answer may be given.)
___ (01) masungit at mahirap lapitan (ill-tempered and unapproachable)
___ (02) abusado (sa pananalita at pakikitungo sa pasyente) (abusive—verbal or in the way they
deal with clients)
___ (03) may kinikilingan o ‘favoritism’ (‘favoritism’)
___ (04) may donasyong kapalit (asks for ‘donations’ in exchange for services)
___ (05) nagkakamali sa paglapat ng lunas (wrong/incorrect medical treatment)
___ (06) laging wala (always unavailable)
___ (07) hindi pagpapaliwanag sa prosesong medikal na gagawin (does not explain the medical
procedure/s undertaken)
___ (08) hindi pagpapaalam ng sakit o ng kondisyon ng pasyente (does not explain the ailment/
condition of the patient)
___ (98) iba pa (others) ____________________________________________
39. Ano ang kadalasang problema o reklamo ng mga residente hinggil sa kalidad ng mga serbisyong
pangkalusugan sa inyong barangay? Maaaring sumagot nang higit sa isa. (What are residents’ usual
problems/complaints regarding the quality of health service? More than 1 answer may be given.)
___ (01) may kinikilingan o ‘favoritism’ (‘favoritism’)
___ (02) nangongolekta ng ‘donation’ (asks for ‘donations’ in exchange for services)
___ (03) mabagal ang pagbibigay (slow/delayed delivery of services)
___ (04) hindi mahusay ang mga tauhang pangkalusugan (inefficient health personnel)
___ (05) madalang ang pagsasagawa (not conducted often enough)
___ (98) iba pa (others) ____________________________________________
40. Ano ang kadalasang problema o reklamo ng mga residente hinggil sa mga pasilidad at mga
kagamitang pangkalusugan sa inyong barangay? Maaaring sumagot nang higit sa isa. (What are the
residents’ usual problems/complaints regarding the health facilities? More than 1 answer may be given.)
___ (01) sira-sira at luma (dilapidated/defective)
___ (02) madumi (dirty/unsanitary)
___ (03) kulang (lacking)
87
___ (04) ibinebenta ang mga gamot at iba pang gamit (medicines and other equipment are being sold)
___ (05) ginagamit para sa personal na kapakanan ng mga tauhang pangkalusugan at opisyales
(used by health personnel/officials for personal purposes)
___ (06) luma o paso na ang mga gamot at iba pang gamit (expired medicines and equipment)
___ (07) hindi angkop sa mga may kapansanan (not appropriate for persons with disabilities, do
not address their needs)
___ (98) iba pa (others) ____________________________________________
III. KARAPATAN SA EDUKASYON (RIGHT TO EDUCATION)
PAMPUBLIKONG EDUKASYON
(Public schools)
41. Meron ba ng mga
sumusunod na uri ng
pampublikong paaralan
o programa sa inyong
barangay? (Public
schools and educational
programs available in
the barangay)
01 – Meron (Yes)
02 – Wala (No)
42. Kung meron,
ilan? (If yes, how
many?)
43. Kung wala,
gaano ang
distansya ng
pinakamalapit na
pasilidad? (sa
kilometro) (If none,
how far is the
nearest educational facility (in
kilometers)?
Prep school o day-care program
Elementaryang paaralan
(Elementary school)
Hayskul (High school)
Vocational school o program
Kolehiyo o Unibersidad
(College or University)
Special school / SPED
(Special education)
‘Balik Paaralan’ para sa mga
out-of-school youth
(‘Back-to-school’ program for
out-of-school youth)
Adult education program
‘Alternative Learning School’
(non-formal education)
Iba pa (tukuyin) (Others, specify)
44. May mga kinokolekta bang mga bayarin/’school fees’ mula sa mga estudyante ng mga pampublikong
elementarya sa inyong barangay? (Does the public elementary school collect ‘school fees’ from the
students?)
___ (01) Meron (Yes) ___ (02) Wala (No)
45. May mga kinokolekta bang mga bayarin/’school fees’ mula sa mga estudyante ng mga pampublikong
hayskul sa inyong barangay? (Does the public high school collect ‘school fees’ from the students?)
___ (01) Meron (Yes) ___ (02) Wala (No)
46. Meron bang scholarship program na pinakikinabangan ang mga estudyante sa inyong barangay? (Are
there scholarship programs that the students in your barangay can avail of?)
___ (01) Meron (Yes) ___ (02) Wala (No)
88
47. Kung meron, sino po
ang nagpapatupad o
nagbibigay? (If yes, who
implements this program?)
48. Anong uri ng
scholarship? (What type
of scholarship is given?)
01 – libreng matrikula at
allowance (free tuition +
allowance)
02 – libre matrikula
(free tuition)
03 – ilang porsyento ng
matrikula (partial tuition)
04 – allowance/ subsidy
49. Sa anong lebel ng
pag-aaral? (In what
educational level?)
01 – mula elementarya
hanggang kolehiyo (from
elementary to college)
02 – mula elementarya
hanggang hayskul (from
elementary to high school)
03 – elementarya lang
(elementary school only)
04 – hayskul (high school)
05 – kolehiyo (college)
06 – vocational
50. May mga kondisyon
po ba para makatanggap o magpatuloy ang
scholarship? (What are
the requirements for
availment/continued
scholarship?)
01 – makapasa sa
exam (qualifying exams)
02 – mag-maintain ng
grade (maintain good
grades)
03 – magtrabaho (work)
(pwedeng sumagot ng
higit sa isa) (you may
give more than 1
answer)
barangay
munisipyo (municipality)
probinsya (province)
pambansang ahensya
(national agency)
pulitiko (politician)
iba pa (tukuyin)
(others, specify)
Sa tingin ninyo, aktibo po ba ang Parents and Teachers Association (PTA) sa pampublikong elementarya sa
inyong barangay? (Is the Parents and Teachers Association [PTA] active in the public elementary school?)
___ (01) Oo (Yes) ____ (02) Hindi (No)
Aktibo rin po ba ang PTA sa pampublikong hayskul sa inyong barangay? (Is the Parents and Teachers
Association [PTA] active in the public high school?)
___ (01) Oo (Yes) ____ (02) Hindi (No)
Meron po bang student council sa pampublikong elementarya sa inyong barangay? (Is there a student
council in the public elementary school in your barangay?
___ (01) Oo (Yes) ____ (02) Hindi (No)
Meron po bang student council sa pampublikong hayskul sa inyong barangay? (Is there a student council in
the public high school in your barangay?
___ (01) Oo (Yes) ____ (02) Hindi (No)
89
IV. IBA PANG MGA SERBISYO AT PASILIDAD (OTHER SERVICES AND FACILITIES)
A. Mga Pasilidad (Facilities) 55. Meron bang mga
pasilidad pangserbisyo
sa inyong barangay?
(Are there public
service facilities in your
barangay?)
01 – Meron (Yes)
02 – Wala (No)
56. Kung meron, ilan
ang bilang ng mga ito
sa inyong barangay?
(If yes, indicate the
number of such
facilities)
57. Kung wala, gaano
ang distansya mula sa
inyong barangay ng
pinakamalapit na
pasilidad? (kms.)
(If none, how far from
your barangay is the
nearest such facility,
in kilometers?)
post office
police outpost
bumbero (fire station)
multi-purpose hall
palengke o talipapa
(market/wet market)
pampublikong kubeta
(public restroom)
radyo (komunikasyon)
(2-way radio communication)
parke / playground (park)
iba pa (tukuyin) (Others, specify)
58. Ano ang mga uri ng pampublikong sasakyan ang dumadaan sa inyong barangay?
(Lagyan ng tsek ang mga angkop na sagot.) (What types/modes of transportation are available in your
barangay? Put a check mark on the appropriate answer/s.)
___ (01)Jeep
___ (02)Tricycle
___ (03) Pedicab
___ (04) Bus
___ (05)Taxi
___ (06) Bangka (Boat)
___ (07) Motorsiklo/Habal-habal (Motorcycle)
___ (08) Iba pang anyo ng sasakyan (tukuyin) (Others, specify): ___________
_______________________________________________________________
59. Magkano ang pamasahe mula sa inyong barangay papunta sa bayan o poblasyon? (How much is the
transportation cost/fare from your barangay to the municipal center?)
P______________________________
90
B. Mga kalsada at daan (Roads/streets)
Uri ng Kalsada
(Type of Road)
60. Anong uri ang
karamihan ng mga daan
sa inyong barangay?
(Lagyan ng tsek ang
tamang sagot) (What type
of roads are found in your
barangay? Put a check
mark on the appropriate
answer/s.)
61. Kasalukuyang
kalagayan (Present
condition)
01 – maayos (wellmaintained)
02 – butas-butas/kulang
sa ayos (pot-holed,
lacks maintenance)
03 – bahagyang maayos
(satisfactory, needs
more maintenance)
62. Pinangangalagaan ng:(tingnan
ang koda) (Who
maintains the roads?
Refer to the codes.)
kongkreto/sementado
(concrete/cemented)
aspalto (asphalt)
gravel/bato/buhangin
(sand and gravel)
lupa (dirt-road)
MGA KODA (Codes):
01 – pribado (private)
02 – pambansang pamahalaan (national government)
03 – probinsya (province)
04 – munisipyo (municipality)
05 – barangay (barangay)
06 – iba pa (tukuyin) (others, specify) __________
K. Mga institusyong pinansyal (Financial institutions)
63. Ilan ang mga pampublikong institusyong nagpapautang sa inyong barangay? (Hal. kooperatiba,
pampublikong bangko, at iba pa) (How many public financial institutions extending loans are in the
barangay?e.g., cooperatives, rural banks, etc.) _________
64. Pangalan ng institusyon (Name of financial institution):
a. _____________________________________________________________
b. _____________________________________________________________
k. ______________________________________________________________
d. _____________________________________________________________
91
D. Suplay ng tubig (Water supply)
65. Saan galing ang
tubig sa barangay?
(Source of water) Pwede
sumagot ng higit sa isa.
(More than 1 answer
may be given)
66. Naiinom ba? (Is
the water potable?)
01 – Oo (Yes)
02 – Hindi (No)
67. Piliin ang tatlong
pangunahing
pinagkukunan ng tubig
sa barangay.
(Identify the 3 main
sources of water in
the barangay.)
lokal na istasyon ng
tubig (gripo)
(local water district,
i.e., faucet)
iligal na koneksyon
(illegal connection)
poso (artesian well)
balon (open deep-well)
bukal (natural spring)
ilog o lawa (river/lake)
tubig ulan (rain water)
iba pa (tukuyin)
(others, specify)
68. Sa mga may gripo (running water facility), tuloy-tuloy ba ang serbisyo ng tubig sa buong araw? (For
those with faucets (running water facilities): are services continuous/uninterrupted for the entire day?)
___ (01) Oo (Yes) ____ (02) Hindi (No)
69. Kung hindi, ilang oras lamang sa isang araw merong tubig sa inyong lugar? (If no, number of hours of
service in one day) __________________
E. Pagtatapon ng basura/dumi (Garbage/waste disposal)
70. Meron bang regular na koleksyon ng basura sa barangay? (Is there a regular garbage-collection
service in the barangay?)
___ (01) Meron (Yes) ___ (02) Wala (No)
71. Kung meron, gaano po ito kadalas? (If yes, how frequent?)
___ (01) araw-araw (daily)
___ (02) tatlong beses isang linggo (3 times a week)
___ (03) dalawang beses isang linggo (2 times a week)
___ (05) walang regular na daan pero madalas (no regular schedule, but quite frequent)
___ (06) walang regular na daan at napakadalang (no regular schedule, and quite infrequent)
___ (98) iba pa (tukuyin) (others, specify)
92
Paraan ng pagtatapon
(Mode of garbage/waste disposal)
72. Karaniwan, paano itinatapon ng mga pamilya
sa barangay ang kanilang basura?Pwede sumagot
ng higit sa isa. (How do residents usually dispose
of their garbage/waste? More than 1 answer may
be provided)
Ibinibigay sa nangongolekta ng basura
(Handed over to the garbage collector)
Sinusunog (Burned)
Itinatapon sa patubig, ilog, o dagat
(Thrown to the river, sea)
compost pits
Iba pa (tukuyin) (Others, specify)
73. Meron bang mga estero at kanal sa barangay? (Does the barangay have a sewerage system?)
___ (01) Meron (Yes) ___ (02) Wala (No)
74. Ano ang karamihan sa
mga estero at kanal sa
barangay? (Type of
sewerage/canal system in
the barangay)
75. Ano ang kasalukuyang kalagayan? (Present condition)
01 – Maayos pa (In good
condition)
02 – Sira na (Needs repair)
hinukay at bukas (open)
hinukay pero may takip (covered)
sementado at gawa sa tosang
(concrete, culvert-type)
sementado at gawa sa tubo
(concrete and made of pipes)
Iba pa (tukuyin) (others, specify)
76. Anong pasilidad sa pagtatapon ng basura meron sa munisipyo? (What are the waste disposal facilities
in the municipality?)
___ (01) open dumpsite
___ (02) sanitary landfill
___ (03) incinerator
___ (04) compost pits
___ (98) iba pa (tukuyin) (others, specify)
77. Meron po bang ‘waste segregation program’ o paghihiwalay ng basura sa inyong barangay? (Does
your barangay implements a ‘waste segregation program’?)
____ (02) Wala (No)
G. Kuryente / Elektrisidad (Electricity)
78. Meron po bang linya ng kuryente sa komunidad? (Is there electricity connection in your barangay?)
____ (02) Wala (No)
79. Kung meron, ano ang pangalan ng kumpanya o kooperatibang nagseserbisyo ng kuryente? (If yes,
name of the company or electric cooperative) __________________________________________
93
80. Kung meron, ilang porsyento ng mga kabahayan ang nakikinabang sa serbisyo ng kuryente? (If yes,
what is the percentage of the households that avail of electrical services?) __________________
81. Sa mga may linya ng kuryente, meron po ba ritong mga ilegal o ‘jumper’? (Are there households that
have illegal electrical connections?)
____ (02) Wala (No)
82. Kung meron po, ilang porsyento po sa kabuuang bilang ng mga may linya ng kuryente ang ilegal o
‘jumper’? (If yes, what percentage of the total number of households with electrical connection is illegal?)
__________________________________________
83. Kung meron po, tuloy-tuloy ba ang serbisyo ng kuryente sa buong araw? (Is electricity continuous/
uninterrupted for the entire day?)
___ (01) Oo (Yes) ___ (02) Hindi (No)
84. Kung hindi, ilang oras lamang sa isang araw may kuryente sa lugar? (If no, number of hours of service
in one day) _________________________________
H. Kaligtasan ng Komunidad (Community Safety/Security)
85. Ang inyo po bang komunidad o ilang bahagi ng inyong barangay ay malapit sa mga sumusunod na
panganib o polusyon? (Is your barangay, or any part of it, near the following sources of danger/pollution?)
Panganib / Polusyon (Danger/Pollutant)
01 – Oo (Yes)
02 – Hindi (No)
riles ng tren (railroad tracks)
tabi ng ilog o dagat (riverbank or sea)
tambakan ng basura (garbage dumpsite)
mga pabrika (factories)
gumuguhong lupa / bundok (landslide-prone area)
fault line
bulkan (volcano)
binabaha (flood-prone)
tabi ng hi-way (highway/expressway)
conflict area
iba pa (tukuyin) (others, specify)
V. KARAPATAN SA IMPORMASYON AT PARTISIPASYON (RIGHT TO INFORMATION AND PARTICIPATION)
86. Meron po bang ‘barangay development council’ (BDC) sa inyong komunidad? (Is there a Barangay
Development Council [BDC] in the community?)
___ (01) Meron (Yes) ___ (02) Wala (No)
87 Anu-ano ang mga ginagawa ng BDC? (What are the projects/programs of the BDC?)
_______________________________________________________
_______________________________________________________
_______________________________________________________
88. Ang BDC po ba ay aktibong kalahok sa pagpapatupad at pagsubaybay sa mga plano at programang
ipinapatupad sa barangay? (Does the BDC actively participate in implementing and monitoring the plans
and programs in the barangay?)
___(01) Oo (Yes) ___ (02) Hindi (No)
94
89. Aktibo po ba ang BDC sa municipal development council (MDC)? (Is the BDC active in the Municipal
Development Council [MDC])?
___(01) Oo (Yes) ___ (02) Hindi (No)
90. Meron po bang Barangay Human Rights Action Center (BHRAC) sa inyong lugar? (Is there a Barangay
Human Rights Action Center [BHRAC] in your community?)
___ (01) Meron (Yes) ___ (02) Wala (No)
91. Kung meron, anu-ano ang mga ginagawa nito? (If yes, what are its programs?)
_______________________________________________________
_______________________________________________________
_______________________________________________________
92. Meron po bang Barangay Council for the Protection of Children (BCPC) sa inyong komunidad? (Is there
a Barangay Council for the Protection of Children [BCPC] in your community?)
___ (01) Meron (Yes) ___ (02) Wala (No)
93. Kung meron, anu-ano ang mga ginagawa nito? (If yes, what are its programs?)
_______________________________________________________
_______________________________________________________
_______________________________________________________
94. Meron po bang mga samahan o organisasyon sa inyong barangay? (Are there organizations/associations in your barangay?)
___ (01) Meron (Yes) ___ (02) Wala (No)
95. Kung meron, anu-ano ang mga ito? Pumili ng isa o higit pa. (If yes, what are these? Choose 1 or more.)
___ (1) homeowners’ / neighborhood association
___ (2) kooperatiba (cooperative)
___ (3) rotary club, jaycees, at iba pang kaparehong grupo (Rotary Club, Jaycees and similar
organizations)
___ (4) sektoral na organisasyon ng mga magsasaka, kababaihan, at iba pa (sectoral organizations of peasants, women, etc.)
___ (5) pampulitikang organisasyon o partido hal. Akbayan, Sanlakas, at iba pa. (political
organizations or parties, i.e., Akbayan, Sanlakas, etc.)
___ (6) non-governmental organizations (NGOs)
___ (98) iba pa, tukuyin (others, specify) ____________________________________________
96. May mga kinatawan ba ng mga samahan at non-government organizations (NGO) na umuupo sa
barangay development council (BDC)? (Are people’s organizations and non-government organizations
represented in the BDC?)
___ (01) Meron (Yes) ___ (02) Wala (No)
97. Ang mga kinatawan ba ng mga samahan at non-government organizations (NGO) ay nakakalahok sa
pagpapatupad at pagsubaybay sa mga proyekto at programa ng barangay? (Are the representatives of
the people’s organizations and NGOs able to participate in the implementation and monitoring of the
projects and programs of the barangay?)
___(01) Oo (Yes) ___ (02) Hindi (No)
95
98. Nagpapatawag ba ng mga pulong/asembliya ng mga residente ang barangay? (Does the barangay
conduct people’s assemblies/meetings/consultations with the residents?
___(01) Oo (Yes) ___ (02) Hindi (No)
99. Kung Oo, gaano ito kadalas ginagawa? (If yes, how often?)
___ (01) laging meron, buong taon (very frequently done throughout the year)
___ (04) tuwing ikatlong buwan (quarterly) (every 3 months)
___ (07) walang tiyak na iskedyul pero madalas (no regular schedule, but frequently done)
___ (08) walang tiyak na iskedyul pero napakadalang (no regular schedule and infrequent)
___ (98) iba pa (others) ____________________________________________
100. Anu-ano ang mga impormasyong pwedeng makuha ng publiko mula sa inyong barangay? Lagyan ng
tsek ang sagot. (What information can the public access from your barangay? Put a check mark on the
answer/s.)
___ (01) Barangay profile
___ (02) Development plan
___ (03) Budget
___ (04) Programs/Projects plans and reports
___ (05) Accomplishment reports
___ (06) Performance evaluation reports
___ (07) Financial reports
___ (98) Iba pa (tukuyin) (others, specify)
Maraming salamat po! (Thank you very much!)
96
Household Interview Schedule
Pagpapakilala (Introduction) :
Magandang araw po. Ako po si ______________ (pangalan ng nag-iinterbyu) na taga Philippine Human
Rights Information Center (Philrights), isang NGO na nagsasagawa ng pananaliksik at nangangalap ng mga
datos hinggil sa kalagayan ng karapatang pantao at pamumuhay ng mga tao sa komunidad. Pakay ko po
kayong interbyuhin upang malaman ang inyong kalagayan at mga problema sa pagkain, trabaho, pabahay,
kalusugan, edukasyon, sistema ng at partisipasyon sa pamamahala, bilang residente ng barangay. Tatagal
po ng mga tatlumpu hanggang apatnapung minuto ang interbyu. Umasa po kayong mananatiling
kumpidensyal ang lahat ng impormasyon at kasagutang ibabahagi ninyo sa interbyung ito.
(Hello, good day! I am __________ (name of interviewer) from the Philippine Human Rights Information
Center (PhilRights), a non-government organization (NGO) conducting research on the status of human rights
and living conditions in your community. I want to interview you regarding your situation and problems
concerning food, work, housing, health, education, and system of and participation in governance as a
resident of this barangay. The interview will last from thirty to forty minutes. Rest assured that all the
information you will share will be treated as confidential matters.)
HHIS No. ______
1. Klasipikasyon ng lugar (Classification of the community):
( ) 01 - Rural
( ) 02 – Urban
( ) 03 – Kapitolyo
(Provincial Capital)
( ) 04 – Sentrong Bayan
(Town Center) /Poblacion
( ) 98 - Iba pa, tukuyin
(Others, specify) ___________________________
II. Address ng bahay (Address of the house)
a.) Numero ng bahay at Kalye (Number of the house and Street)
b.) Barangay
c.) Purok / Sitio (Zone)
d.) Syudad / Munisipyo (City / Municipality)
e.) Probinsya (Province)
:
:
:
:
:
__________________________
__________________________
__________________________
__________________________
__________________________
III. Pangalan ng Nagsarbey (Name of the interviewer) : _______________________________________
IV. Pangalan ng Sinarbey (Opsyonal) (Name of the interviewee (Optional) : _______________________
V. Petsa ng Sarbey (Date of Survey) : _____________________________________________________
VI. Komentaryo ng nagsarbey (Comments of the interviewer) : _________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
97
A. Profile ng pamilya (Profile of the Family)
1. Ilan ang *miyembro ng pamilyang nakatira sa bahay? ____________ (Kung mahigit sampu, gumamit
ng isa pang questionnaire.)
*Lahat ng kasama sa bahay na kasalo at/o kahati sa pagkain at mga gastusin.
(How many *members of the family live in the house? ________ (If more than ten, use another questionnaire.)
*All persons who share and contribute in food and in expenses.)
2. Sinu-sino ang mga
miyembro ng pamilya?
(Isama ang ini-interbyu) (Who
are the members of the
family, including the one
being interviewed?)
3. Ano ang relasyon 4. Kasarian 5. Edad 6. Ano ang 7. Nag-aaral?
sa pinuno ng pamilya? (Sex)
(Age)
relihiyon? (Enrolled in
(Relationship to the
(Religion) school?)
head of the family)
Buong pangalan (Full name) Tingnan ang koda
(Please see the
codes below)
1. Oo (Yes)
2. Hindi (dumiretso
sa #11)
(No, go to #11)
1. Lalake
(Male)
2. Babae
(Female)
Tingnan
ang koda
(Please see
the codes
below)
(6) Relihiyon
(Religion)
01 – Katoliko
(Catholic)
02 – Protestante
(Protestant)
03 – Iglesia ni
Cristo (Church
of Christ)
04 – Aglipay
05 – Islam
06 – Born Again
Christian
07 – Wala (None)
98 – iba pa, tukuyin
(Others, specify)
(10) Antas ng pag-aaral
Grade / year / level)
01 – Elementarya (hindi tapos)
(Elementary, not completed)
02 – Tapos ng elementarya
(Elementary graduate)
03 – Hayskul (hindi tapos)
(Highschool, not completed)
04 – Tapos ng hayskul
(Highschool graduate)
05 – Kolehiyo
(College, not completed)
06 – Tapos ng kolehiyo
(College graduate)
07 – Post-graduate
08 – Vocational
09 – Tapos ng vocational
(Vocational course graduate)
10 – Hindi nakapag-aral
(Did not go to school)
98 – Iba pa, tukuyin
(Others,specify)
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
*Mga Koda
(Codes)
(3) Relasyon sa Pinuno ng
pamilya (Relationship to the
head of the family)
01 – Pinuno (Head)
02 – Asawa (Husband or wife)
03 – Anak (Child)
04 – Manugang (In-law)
05 – Apo (Grandchild)
06 - Magulang (Parent)
07 - kamag-anak (Relative)
08 - kasambahay (Household helper)
98 – Iba pa, tukuyin (Others, specify)
98
Pangalan ng
mga
miyembro ng
pamilya
(Names of
family members)
8. Kung
Oo, anong
grade o
taon at
lebel? (If
yes, what
grade /
year/
level are
you in?)
9. Kung
Oo, Anong
klaseng
iskwelahan
ang
pinapasukan?
(If yes,
what kind
of school
are you
attending?)
10. Ano ang
pinakamataas na
antas ng pagaaral na naabot?
(Highest level of
education attained?)
11.Sa anong wika
nakababasa?
(Para sa mga
idad sampu
pataas) (For ten
years old and
above, in what
language/s can
you read?
12. Sa anong
wika
nakasusulat?
(Para sa mga
idad sampu
pataas) (For ten
years old and
above, in what
language/s can
you write?)
Grade/
Taon/
Antas
(Grade /
Year /
Level)
01 Publiko
(Public)
02 Pribado
(Private)
Tingnan ang koda.
(Please see the
codes on p.98.)
Pwede isulat higit
isang wika kung
nararapat. (Can
write more than
one language if
appropriate.)
Pwede isulat
higit isang wika
kung nararapat.
(Can write more
than one
language if
appropriate.)
B. KARAPATAN SA HANAPBUHAY (RIGHT TO WORK)
13. Magkano ang kabuuang kinikita ng pamilya kada buwan? (How much is the total income of the family
per month?)
___ (01) P999 o mas mababa pa (or lower)
___ (02) P1,000 – P5,999
___ (03) P6,000 – P10,999
___ (04) P11,000 – P15,999
___ (05) P16,000 – P20,999
___ (06) P21,000 – pataas (or higher)
*Para sa interviewer: Unang isulat ang pangalan ng ini-interbyu. Ang tanong na #18 hanggang #30 ay
* For the interviewer: Write down first
para lamang sa mga ini-interbyu na naghahanap-buhay o kumikita. (*
the name of the interviewee. The questions #18 to #30 are only for the interviewees who are working or
earning.)
99
Ilista ang
mga
myembro
ng pamilya
na ang
edad ay 18
taon
pataas.
(List down
family
members
who are 18
years old
and above.)
14. Nagtatrabaho ba?
(Are you
working?)
01 – Oo
(Yes)
02 – Hindi
(No)
15. Ano ang
pangunahing
trabaho?
(What is your
primary
work?)
16. Saang
industriya /
sektor
kabilang
ang
trabaho? (To
what
industry /
sector
does your
work
belong?)
Tingnan ang
koda.
(Please see
the codes
below.)
Tingnan ang
koda.
(Please see
the codes
below.)
17. Magkano ang
kinikita kada
buwan? (How
much do you
earn per
month?)
*18. Ano
ang kalagayan ng
trabaho?
(What is the
status of
your work or
employment?)
(*Para sa
ini-interbyu
na nagtatrabaho) (*Only
for those
interviewee
who are
working.)
*19. Sa
isang linggo,
ilang araw
nagtatrabaho?
(How many
days do you
work in a
week?)
*20. Sa
isang araw,
ilang oras
nagtatrabaho?
(How many
hours do you
work in a
day?)
Tingnan ang
koda.
(Please see
the codes
below.)
MGA KODA (Codes)
(15) Pangunahing trabaho
(Primary work)
(16) Industriya/sektor (Industry/
Sector)
(18) Kalagayan ng trabaho
(Status of work)
01 – opisyal sa gobyerno o iba
pang organisasyon o kumpanya
(government official or official of
a company or other organization)
02 – empleyado (employee)
03 – propesyunal (professional)
04 – Technician/associate
05 – sales, service, shop,
market worker
06 – farmer, fisher folk
07 – laborer and skilled worker
08 – negosyante (business
person)
09 – informal sector worker, e.g.
nagtitinda (vendor), tricycle/
pedicab driver, jeepney driver,
etc.
98 – iba pa (tukuyin) (Others, pls
specify
01 – agrikultura (agriculture)
02- pangisdaan (fishery)
03- forestry
04 – Manufacturing
05 – Konstruksyon (construction)
06 – Pagmimina (mining) at
quarrying
07 – Kuryente, Gas, at tubig
(electricity, gas and water)
08 – Transportasyon, storage, at
komunikasyon (transportation,
storage, and communication)
09 –pampublikong serbisyo (public
utility/service)
10- Pinansya (finance), insurance,
at real estate,
11 – service sector
12 – Informal sector
98 - Iba pa (tukuyin) (Others, pls.
specify)
01 – Permanente (permanent or
regular)
02- short-term o pana-panahon o
casual (casual or seasonal)
03 – arawan o lingguhan (daily or
weekly wage earner)
04 – self-employed/negosyo
(business/enterpreneur)
100
*21. Ano ang
mga
benepisyong
tinatanggap
mula sa
trabaho?
(What
benefit/s do
you receive
from your
work?
*22. Anong
mga “leaves”
ang
pinapatupad
ng employer?
(What leaves
does your
employer
grant?)
*23. Ano ang
mga
allowances
at bonus na
tinatanggap
mo? (What
allowance/s
and bonus/
es do you
receive?)
Tingnan ang
koda.
(Please see
the codes
below.)
Tingnan ang
koda.
(Please see
the codes
below.)
Tingnan ang
koda.
(Please see
the codes
below.)
*24. Meron
pa bang
tinatanggap
bukod sa
pera (in
kind)? (Do
you receive
other bonus
aside from
money?)
*25. May
unyon ba sa
inyong
trabaho? (Is
there a
union in your
work?)
*26. Kung
walang
unyon, bakit?
(If there is no
union, why?)
*27. Ikaw ba
ay kasapi ng
unyon? (Are
you a
member of
the union in
your work?)
*28. Kung
hindi, bakit?
(If you are
not a
member,
why?)
1. Meron
(Yes)
2. Wala
(None)
Tingnan ang
koda.
(Please see
the codes
below.)
1. Oo (Yes)
2. Hindi (No)
Tingnan ang
koda.
(Please see
the codes
below.)
MGA KODA (Codes)
(21) Benepisyo
(Benefits)
(22) Leaves
(23) Bonus and
allowances
(26) Dahilan bakit
walang unyon
(Reason why there is
no union)
(27) Dahilan bakit
hindi kasapi sa
unyon (Reason for
not being a member
of the union)
01 – wala (None)
02 – SSS (Social
Security System) o
GSIS (Government
Service Insurance
System)
03 – SSS o GSIS/
Philhealth (health
insurance)
04 – SSS/GSIS/
Philhealth / Pag-Ibig
(Housing loan)
05 – SSS/GSIS /
Philhealth/ Pag-Ibig/
Health insurance
06 - hindi angkop sa
posisyon (not
applicable to
position)
01 – Wala (none)
02 – sick
03 – sick/vacation
04 - sick/vacation/
maternity
05 - sick/vacation/
maternity/paternity
06 - sick/vacation/
maternity/paternity/
emergency
07 - sick / vacation
/ maternity /
paternity /
emergency /
bereavement
posisyon (not
applicable to
position)
01 – Wala (none)
02 – 13th month pay
03 - 13th month /
christmas bonus
04 - 13th month /
christmas bonus /
cost of living
allowance (COLA)
05 - 13th month /
christmas bonus /
cost of living /
clothing allowance
06 - 13th month /
christmas bonus /
cost of living /
clothing / rice
allowance
posisyon (not
applicable to
position)
01 – Binabawal ng
management
(Banned by the
management)
02 – Hindi nagoorganisa mga
empleyado
(Employees did not
form a union)
03 – Bawal ayon sa
batas / opisyal na
kautusan (Banned
by law or by official
order)
04 – Hindi angkop
sa uri ng trabaho /
gawain (not
applicable to
position)
01 – Natatakot baka
pag-initan ng
management /
matanggal (afraid to
lose his/her job)
02 – walang
makitang
pakinabang (cannot
see the importance)
03 – walang
panahon (too busy,
no time)
04 – hindi angkop sa
trabaho/posisyon
(not applicable to
position)
101
Ilista ang mga
myembro ng
pamilya na ang
edad ay 18 taon
pataas. (List down
family members
who are 18 years
old and above.)
*29. Bukod sa
pangunahing
trabaho, meron
bang ibang
pinagkakakitaan?
(Do you have
other source/s
of income aside
from your
primary work?)
*30. Kung meron,
ano ito? ( If yes,
what are these?)
01 – Meron
(Yes)
02 – Wala
(None)
31. Kung
wala, bakit
walang
trabaho? (If
you have no
work, why?)
32. Naghahanap ba ng
trabaho? (Are
you looking
for work?)
Tingnan ang
koda. (Please
see the codes
below.)
1. Oo (Yes)
2. Hindi (No)
MGA KODA (Codes)
(31) Dahilan bakit walang trabaho (Reason for not having work)
01 – walang makita (cannot find work)
02 – nag-aaral (studying)
03 – naiiwan sa bahay (takes care of household duties)
04 – may sakit / retirado na (sick or retired)
05 – hindi natatanggap (always rejected or turned down)
98 – Iba pa, tukuyin. (Others, pls. specify)
* #32- 36, para lamang sa mga ini-interbyung babae at nagtatrabaho. (#32- 36, for interviewees who
are women and are currently working.)
32. Mas malaki ba ang sahod ng mga kasamahan mong lalaki na gumagampan ng kapareho ng iyong
trabaho? (Do your male co-workers who do the same work as yours receive higher pay?)
___ (01) Oo (Yes)
___ (02) Hindi (No)
33. Kung oo, magkano ang diperensya ng sweldo mo sa tinatanggap nila? (If yes, how much is the
difference?) P______
34. Sa tingin mo, bakit may ganitong pagkakaiba? (Why do you think there is such difference?)
_____________________________________________________________________________________
_____________________________________________________________________________________
102
35. Nakaranas ka na ba ng pang-aabuso o diskriminasyon sa iyong pinagtatrabahuhan? (Have you been
abused or discriminated against in your work?) ___ (01) Oo (Yes)
___ (02) Hindi (No)
36. Kung oo, anong klaseng pang-aabuso o diskriminasyon ito? (If yes, what kind/s of abuse or discrimination have you experienced?)
_____________________________________________________________________________________
_____________________________________________________________________________________
*Mga kabataang nagtatrabaho (Child workers)
37. Mga myembro ng
pamilya na wala pang
18 taon pero
naghahanap-buhay na
(Family members who
are not yet 18 years
old but already
working)
38. Edad
(Age)
39. Ano ang hanapbuhay? (What is the
work?)
40. Magkano ang
kinikita
kada
buwan?
(How much
does he/
she earns
in a
month?)
41. Sa
isang
linggo,
ilang araw
nagtatrabaho?(How
many
days
does he/
she works
in a
week?)
42. Sa
isang
araw,
ilang oras
nagtatrabaho?(How
many
hours
does he/
she works
in a day?)
43. Saan
napupunta
ang
kinikita?
(How is
his/her
income
being
spent?)
44. Nagaaral?
(Enrolled
in school?)
01 – Oo
(Yes)
02 – Hindi
(No)
K. KARAPATAN SA PABAHAY (RIGHT TO HOUSING)
45. Ilang taon na kayo sa inyong kasalukuyang bahay na tinitirhan? (How many years have you been
residing in the house where you now live?) ___________________________________________
46. Ano ang istatus ng bahay na inyong tinitirhan? (What is the status of the house where you now stay?)
___ 01 – Pag-aari (Owned)
___ 02 – Hinuhulugan (amortisasyon) (amortized)
___ 03 – Inuupahan sa legal na may-ari (being rented from the legal owner)
___ 04 – Inuupahan mula sa “informal occupant” (being rented from an informal occupant)
___ 05 – Nakikitira at may permisyon mula sa may-ari (free use but with permission from the
owner)
___ 06 – Nakikitira ngunit walang pahintulot ng may-ari (free use but without permission from the
owner)
___ 98 – Iba pang kalagayan, tukuyin (Other situation, pls. specify)
_______________________________________________________________
103
47. Ano ang istatus ng lupang kinatatayuan ng inyong bahay? (What is the status of the land where your
house is located?)
___ 01 – Pag-aari (Owned)
___ 02 – Hinuhulugan (amortisasyon) (amortized)
___ 03 - Inuupahan sa legal na may-ari (being rented from the legal owner)
___ 04 – Inuupahan mula sa “informal occupant” (being rented from an informal occupant)
___ 05 – Inookupa at may permisyon mula sa may-ari (being occupied but with permission from
the owner)
___ 06 – Inookupa ngunit walang pahintulot ng may-ari (being occupied but without permission
from the owner)
___ 07 - Pampublikong lupa, hal. riles, bangketa, ilalim ng tulay, parke, at iba pa (public land like
railways, sidewalk, under the bridge, park, and others.)
___ 98 - Iba pang kalagayan, tukuyin (Other situation, pls. specify)
_______________________________________________________________
48. Kung pag-aari ang bahay, paano ito napasainyo? (If you own the house, how was it acquired?)
___ 01 – Binili (purchased)
___ 02 – Pinagawa (built / constructed)
___ 03 – Namana (inherited)
___ 04 – Hinulugan / amortisasyon (through amortization)
___ 98 – Iba pa, tukuyin (Others, pls. specify) _______________________________
49. Kung pag-aari ang lupa, paano ito napasainyo? (If you own the land where you live, how was it
acquired?)
___ 01 – Binili mula sa lehitimong may-ari (purchased from legitimate owner)
___ 02 – Binili mula sa “informal occupant” (purchased from informal occupant)
___ 03 – Hinulugan / amortisasyon (through amortization)
___ 04 – Namana (inherited)
___ 98 - Iba pa, tukuyin (Others, pls. specify) _________________________________
50. May naitulong ba ang gobyerno para mapasainyo ang bahay ninyo? (If you own the
house where you now live, did you receive any kind of government assistance in acquiring it?)
____ (01) Meron (Yes)
____ (02) Wala (No)
51. Kung meron, ano ito? (If yes, what is it?)
___ 01 – PAG-IBIG housing loan
___ 02 – SSS / GSIS housing loan
___ 03 – Community Mortgage Program (CMP)
___ 04 – National Housing Authority (relocation o socialized housing)
___ 05 – Nangutang sa pampublikong pautangan (availed of loan from public lending institution)
___ 98 – Iba pang programa, tukuyin (Other programs, pls. specify)
_______________________________________________________________
52. May naitulong ba ang gobyerno para mapasainyo ang lupang tinitirhan ninyo? (If you
own the land where you live, did you receive any kind of government assistance in acquiring it?)
____ (01) Meron (Yes)
____ (02) Wala (No)
104
53. Kung meron, ano ito? (If yes, what is it?)
___ 01 – PAG-IBIG housing loan
___ 02 – SSS / GSIS housing loan
___ 03 – Community Mortgage Program (CMP)
___ 04 – National Housing Authority (relocation o socialized housing)
___ 05 – Nangutang sa pampublikong pautangan (availed of loan from public lending institution)
___ 98 – Iba pang programa, tukuyin (Other programs, pls. specify)
_______________________________________________________________
54. Kung kayo ay nagbabayad ng amortisasyon, magkano ang amortisasyon kada buwan? (If you are
paying an amortization, how much is it per month?) P ___________
55. Kung kayo ay nangungupahan ng bahay at / o lote, magkano and upa ninyo kada buwan? (If you are
renting a house and / or lot, how much is your rent per month?) P __________
56. Gaano kalaki ang bahay na tinitirhan ninyo? (What is the floor area of the house where you live?)
_______ sq.m.
57. Ano ang materyales na ginamit sa mga dingding ng inyong bahay? (What materials were used for the
walls of your house?) _____________________________________________________________
*Para sa interviewer (For the interviewer):
Obserbahang mabuti kung ang materyales at pagkakagawa ng dingding ng
bahay ay matibay, ibig sabihin, medyo makapal ang kahoy at nakapako o
kaya ay kung sementado ang dingding. Lagyan ng tsek ang iyong sagot:
(Please observe closely if the materials used for the walls of the house are
strong, meaning, the walls were made of thick wood and nailed or if the walls
are concrete. Please check the appropriate response.)
____ Matibay (Strong)
____ Hindi matibay (Weak)
58. Ano ang materyales na ginamit sa bubong ng inyong bahay? (What materials were used for the roof of
your house?) ____________________________________________________________________
*Para sa interviewer: (For the Interviewer):
Obserbahang mabuti kung ang materyales at pagkakagawa ng bubong ng
bahay ay matibay, ibig sabihin, maayos pa ang yero at nakapako o kaya kung
pawid, maayos pa at walang butas. Lagyan ng tsek ang iyong sagot: (Please
observe closely if the materials used for the roof of the house are strong,
meaning, if galvanized iron, it is in good condition and properly attached or if
nipa or cogon, it is thick enough and there are no holes. Please check the
appropriate response.)
____ Matibay (Strong) ____ Hindi matibay (Weak)
105
59. Ang inyo bang bahay ay meron ng mga sumusunod? Lagyan ng tsek ang inyong sagot at tukuyin kung
ilan. (Does your house has the following? Please check your answer and specify how many.)
Meron
(Yes)
Wala
(None)
Ilan
(How Many?)
01) kuwarto, bukod sa sala
(room apart from the sala)
02) kusina (kitchen)
03) Sala (living room)
04) banyo/paliguan (bathroom)
05) kubeta (toilet)
06) bintana (window)
07) ilaw (light)
08) pinto (door)
09) fire escape
10) poso Negro (septic tank)
11) drainage papunta sa kanal
(drainage going to main canal)
*Para sa Interviewer: (For the Interviewer:)
*Obserbahan kung may malinaw na mga partisyon ang bahay o wala. (Pls. observe if the house
has clear partitions.)
___ (02) Wala (None)
60. Saan nanggagaling ang iniinom na tubig? (Where does your drinking water come from?)
___ 01 – gripo (running water facility)
___ 02 – poso (artesian well)
___ 03 – balon (deep well)
___ 04 – ilog / lawa (river / lake)
___ 05 – binibili/nirarasyon (being bought)
___ 06 – mineral / distilled
___ 07 – nakikiigib sa gripo ng kapitbahay at nagbabayad (fetches water from neighbor and pays)
___ 98 - iba pa, tukuyin (others, pls. specify)
61. Para sa mga sumagot ng 01, 05, 06, at 07, magkano ang karaniwan ninyong gastos sa tubig kada
buwan? (For those who answered #01, 05, 06, and 07 from the codes above, how much do you spend for
water every month? P________
62. Gaano kalayo ang pinanggagalingan ng iniinom na tubig mula sa inyong bahay? (How far is your source
of drinking water from your house?)
___ 01 – sa loob ng bakuran (within the yard)
___ 02 – labas ng bakuran pero hindi lalayo sa 250 metro (outside the yard but not more than
250 meters)
___ 03 – lampas sa 250 metro ang distansya (more than 250 meters)
___ 04 – hindi alam (don’t know the distance)
___ 98 – Iba pa, tukuyin (Others, pls. specify)
106
63. May kuryente ba sa inyong bahay? (Do you have electricity in the house?)
64. Kung meron, may sarili ba kayong metro? (If yes, do you have your own electric meter?)
65. Magkano ang average o karaniwan ninyong binabayarang kuryente kada buwan, may metro o
nakakonekta sa kapit-bahay? (How much is your average electric bill per month regardless if you have
your own meter or you are sharing an electric connection with a neighbor?) P_______
66. Ang inyo bang barangay ay meron ng mga sumusunod na pasilidad at serbisyo? Lagyan ng tsek ang
inyong sagot. (Does your barangay or locality has the following facilities and services? Please check the
appropriate answers.)
Meron
(Yes)
Wala
(No)
Ito ba ay? (Is it)
01 – Malapit (Near)
02 – Malayo (Far)
01) regular na koleksyon ng
basura (regular garbage
collection)
02) parke (park)
03) palaruan (playground)
04) kalsada (roads)
05) bumbero (firestation)
06) police station
07) mga kanal (sewers)
08) ilaw sa poste
(street lights))
09) palengke o talipapa
(market or mini-market)
10) barangay hall
11) public toilet
12) daycare center
13) library
14) health center
67. Ang inyo bang barangay ay? (Is your barangay or locality?)
Oo (Yes)
01) Malapit sa pabrika
(near factories)
02) Malapit sa babuyan/
manukan (near piggeries
or poultries)
03) Malapit sa tambakan ng
basura (near a dump site)
04) Binabaha (prone to flooding)
107
Hindi (No)
Kung oo, gaano ang
distansya (If yes, what
is the distance) (m)
68. Alin sa mga pampublikong programang ito ang ipinapatupad sa inyong barangay? (Which of the
following public programs are being implemented in your barangay or locality)
Programa (Program)
Meron (Yes)
Wala (None) Sino ang nagpapatupad? Tingnan
ang koda, pwede
higit sa isa (Who
is the implementor? See the
codes below,
multiple answers
are allowed)
01) waste segregation
02) pangkalinisan (cleanliness)
03) information campaign sa kalinisan
at pangangalaga sa kapaligiran (on
cleanliness and environment protection)
04) pangkabuhayan (livelihood)
05) job placement
06) low-interest credit
07) fogging laban sa dengue
(against dengue)
Mga Koda para sa 64 (Codes for #68)
01 – Barangay
02 – Munisipyo (Municipal government)
03 - Provincial government
04 - Pambansang ahensya (National agencies)
05 - Kinatawan ng distrito (Congressperson)
98 – Iba pang tanggapan, tukuyin (Other offices, pls specify)
69. Gaano katagal ang iyong biyahe mula sa tirahan patungo sa trabaho? (How much time do you spend
going to your workplace from your house?) ____________ (oras at minuto) (hour and minutes)
70. Magkano ang ginagastos mo sa pamasahe patungo at pauwi galing sa trabaho? (How much is your
transportation fare going to and from your work) P ______________
71. Magkano ang pamasahe mula sa inyo patungo sa pinakamalapit na sentrong bayan o poblasyon? (How
much is the transportation fare from your house going to the nearest town center? P ___________
D. KARAPATAN SA KALUSUGAN (RIGHT TO HEALTH)
72. Para sa mga pamilyang may batang ang edad ay 0-5, nababakunahan ba sila? (For families with
children aged 0-5 years old, have they received immunization?) ____Oo (Yes) ____ Hindi (No)
108
73. Kung Oo, saan kadalasan nagpapabakuna? (If yes, where do you usually bring your children for
immunization /vaccination?)
___ (01) Barangay health center
___ (02) Pribadong Klinika (Private clinic)
___ (03) Pampublikong hospital (Public Hospital)
___ (98) Iba pa, tukuyin (Others, pls. specify) _________________________________
74. Kapag may nagkakasakit sa pamilya, saan kadalasan nagpapatingin? (When someone in the family is
sick, where do you usually bring them?
___ (01) Barangay health center
___ (02) Albularyo/hilot (traditional healers)
___ (03) Pribadong Klinika (private clinic)
___ (04) Pampublikong hospital (public hospital)
___ (98) Iba pa, tukuyin (Others, pls. specify) ________________________________
75. Sa loob ng nagdaang taon, nakatanggap ba ang kahit isa sa miyembro ng pamilya ng mga
sumusunod na serbisyong pangkalusugan mula sa gobyerno? (During the past year, did anyone of your
family receive any of the following health services from the government?)
Serbisyong Pangkalusugan (Health Service)
01. Libreng gamot (free medicine)
02. Libreng konsulta (free consultation)
03. Feeding program (0-5 edad na bata) at mga nanay
(for children aged 0-5 years old and mothers)
04. Libreng bakuna (free immunization)
05. Libreng pills/condom
(free contraceptive pills or condom)
06. Libreng Vasectomy (free vasectomy operation)
07. Libreng Tubal Ligation
(free tubal ligation operation)
08. Pagkuha ng blood pressure
(blood pressure taking)
09. Pagkuha ng sugar (blood sugar test)
10. Pagkuha ng cholesterol (cholesterol test)
11. Urinalysis
12. Mothers’ classes
13. Health education classes
14. Mga polyeto/materyales sa kalusugan
(pamphlets and other health information materials)
15. Edukasyon sa halamang gamot
(herbal medicine education)
109
Oo (Yes)
Hindi (No)
76. Sa loob ng nagdaang taon, meron ba sa pamilyang nakadalo sa mga seminar / lecture na ibinigay
ng gobyerno hinggil sa mga sumusunod? (During the past year, did anyone of your family attend any of the
seminars or lectures given by the government on the following topics?)
Seminar / Lecture
Oo (Yes)
Hindi (No)
Sino ang nagbigay?
Tingnan ang koda,
pwede higit sa isa.
(Who sponsored the
seminar? Please see
the codes below,
multiple answers are
allowed)
01. Family planning
02. Mothers’ classes
03. Adolescent health
04. Nutrition/Food preparation
05. Waste management
06. Preventive medicine
07. Herbal medicine/traditional medicine
Mga koda para sa #76 (Codes for #76)
01 – Barangay
02 – Munisipyo (Municipal government)
03 - Provincial government
04 - Pambansang ahensya (National agency)
05 - Kinatawan ng distrito (Congressperson)
98 – Iba pang tanggapan, tukuyin (Other offices, pls. specify)
77. Meron ba kayong naranasang diskriminasyon/ abuso/ hindi magandang trato sa pagkuha ninyo ng
anumang serbisyong pangkalusugan mula sa gobyerno? (Have you experienced acts of discrimination /
abuse / maltreatment while accessing any government health service?)
___ (01) Meron (Yes) ___ (02) Wala (None)
78. Kung meron, anong klaseng diskriminasyon/ abuso/ hindi magandang trato ang narasan ninyo mula sa
mga public health personnel? (If yes, what act/s of discrimination / abuse / maltreatment have you
experienced committed by a public health personnel?) _________________________________
79. Sa inyong barangay, magbigay ng tatlong karaniwang problema/reklamo sa paglapit sa mga public
health personnel? (In your barangay, give three most common problems / complaints against public health
personnels?)
a)
b)
k.)
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
80. Namatayan na ba kayo ng miyembro ng pamilya na ang edad ay nasa pagitan
ng 0 – 5 taong gulang? (Did anyone in your family die while he/she was between 0-5 years old?)
___ (01) Oo (Yes) ___ (02) Hindi (No)
110
81. Kung oo, ilang taon nang mamatay?
(If yes, how old was he/she at the time
of death?)
82. Kasarian (Sex)
01 – Lalake (Male)
02 – Babae (Female)
83. Sanhi ng pagkamatay
(Cause of death)
E. KARAPATAN SA PAGKAIN (RIGHT TO FOOD)
84. Kadalasan, ilang beses kayo kumakain ng kumpletong pagkain (kanin at ulam) sa isang araw? (Usually,
how many times do you and your family eat a full meal, rice and viand, in a day?)
___ (01) 3 beses kada araw (three times a day)
___ (02) 2 beses (two times)
___ (03) Minsan sa isang araw (once a day)
85. Piliin ang kumbinasyon ng mga pagkaing karaniwang inihahain sa inyong hapag tuwing tanghalian at
hapunan. (Please choose the combination of food normally served in your family’s table during lunch
and dinner?)
___ (01) Lugaw (porridge)
___ (02) Kanin at isda (rice and fish)
___ (03) Kanin at gulay (rice and vegetable)
___ (04) Kanin at bagoong (rice and shrimp or fish paste)
___ (05) Kanin at asin (rice and salt)
___ (06) Kanin at instant noodle (rice and instant noodle)
___ (07) Kanin, isda at gulay (rice, fish, and vegetable)
___ (08) Kanin at karne (rice and meat)
86. Magkano ang nagagastos ninyo para sa pagkain sa loob ng isang linggo? Pakitantya. (How much do
you normally spend for food in a week? Please give an estimate.) P________________
During last month, did
87. Noong nakaraang buwan
buwan, nakaranas ba kayo ng kakulangan sa pagkain? (During
your family experience food shortage?)
___ (01) Oo (Yes) ___ (02) Hindi (No)
88. Kung Oo, gaano katindi ang naranasang kakulangan sa pagkain? (If yes, how serious was the food
shortage experienced?
___ Hindi gaano (Not so severe) ___ Matindi (Severe) ___ Sobrang Tindi (Very severe)
89. Ano ang ginagawa ninyo kapag nagkukulang ang pagkain? (What do your family do when there is not
enough food for everyone?) _______________________________________________________
______________________________________________________________________________
90. Sa isang linggo, ilang beses kayong nakakapag-almusal? (In one week, how many times do you and
your family eat breakfast?) ________________________________________________________
______________________________________________________________________________
111
91. Ano ang inyong karaniwang inaalmusal? Pwede sumagot nang higit sa isa. (What do you usually eat
for breakfast? Multiple answers are allowed.)
____ (01) kape / gatas / tsaa (coffee / milk / tea)
____ (02) kape / gatas / tsaa + tinapay (coffee / milk / tea + bread)
____ (03) lugaw / sopas / tsampurado (porridge / soup)
____ (04) kanin at ulam (rice and viand)
____ (05) cereals (cornflakes, oatmeal)
____ (06) tinapay (bread)
____ (07) instant noodles
____ (98) Iba pa, tukuyin (Others, pls. specify) ________________________________
buwan kayo ba ay nakatanggap/ nakakuha/ nakinabang mula sa mga proyekto
92. Nitong nakaraang buwan,
o tulong ng gobyerno sa pagkain? (During last month, did you and your family receive or accessed any
government assistance related to food?)
___ (01) Oo (Yes) ___ (02) Hindi (No)
93. Kung Oo, anong tulong sa pagkain ito? Pwede sumagot higit sa isa. (If yes, what kind of food assistance was this? Multiple answers are allowed.)
____ (01) Food incentive program para sa mga mag-aaral (food incentive program for students)
____ (02) NFA rice
____ (03) rolling store
____ (98) iba pa, tukuyin (Others, pls. specify) ________________________________
G. KARAPATAN SA IMPORMASYON AT PARTISIPASYON (RIGHT TO INFORMATION AND PARTICIPATION)
94. Nagkakaroon ba ng mga pulong, konsultasyon o asembliya sa inyong lugar na pinapatawag ng mga
opisyal ng barangay
barangay? (Are meetings, consultations, and assemblies being held in your locality organized
by the officials of the barangay?)
____ (01) Oo (Yes) ____ (02) Hindi (No)
95. Kung meron, ano ang mga paksang pinag-uusapan? Pwede sumagot nang higit sa isa. (If yes, what
are the topics being discussed? Multiple answers allowed.)
___ (01) Plano at mga balakin ng barangay (Plans and proposals of the barangay government)
___ (02) Kalusugan at kalinisan (Health and cleanliness)
___ (03) Edukasyon/ Pag-aaral ng mga bata (Education and schooling of the children)
___ (04) Usaping pabahay (Housing issues)
___ (05) Trabaho at pagkakakitaan (Jobs and livelihood)
___ (06) Kapayapaan at kaligtasan ng barangay (Peace and security)
___ (07) Mga pagawaing imprastruktura tulad ng kalsada, tulay, at iba pa (Infrastructure projects
like bridges, roads, and more)
___ (08) Mga serbisyo tulad ng tubig, kuryente, at iba pa (Services like water, electricity, and
more)
96. Bukod sa pulong o konsultasyon, may iba pa bang paraang ginagawa ang mga lokal na opisyal upang
mabigyan kayo ng kaalaman o impormasyon hinggil sa mga suliranin at mga plano ng barangay? (Aside
from meetings or consultations, are there other means used by local officials to inform the residents
about the problems and plans of the barangay?)
112
97. Kung meron, ano ito? Pwede sumagot nang higit sa isa. (If yes, what are these? Multiple answers are
allowed)
___ (01) pagdidikit ng posters at announcements (putting up posters and announcements)
___ (02) pamimigay ng mga babasahin (distribution of information materials)
___ (03) sasakyang rumoronda at may trompa (mobile propaganda team)
___ (04) announcements sa radio o TV (announcements on radio or TV)
___ (05) pagbabahay-bahay (house to house)
98. Nagkakaroon ba ng mga pulong, konsultasyon o asembliya sa inyong lugar na ipinapatawag ng mga
opisyal ng munisipyo? (Are there meetings, consultations, and assemblies in your locality organized by
municipal officials?)
____ (01) Oo (Yes)
____ (02) Hindi (No)
99. Kung meron, ano ang mga paksang pinag-uusapan? Pwede sumagot nang higit sa isa. (If yes, what are
the topics being discussed?)
___ (01) Plano at mga balakin ng munisipyo (Plans and proposals of the municipal government)
___ (02) Kalusugan at kalinisan (Health and cleanliness)
___ (03) Edukasyon/ Pag-aaral ng mga bata (Education and schooling of the children)
___ (04) Usaping pabahay (Housing issues)
___ (05) Trabaho at pagkakakitaan (Jobs and livelihood)
___ (06) Kapayapaan at kaligtasan ng barangay (Peace and security)
___ (07) Mga pagawaing imprastruktura tulad ng kalsada, tulay, at iba pa (Infrastructure projects
like bridges, roads, and more)
___ (08) Mga serbisyo tulad ng tubig, kuryente, at iba pa (Services like water, electricity, and
more)
100. Bukod sa pulong o konsultasyon, may iba pa bang paraang ginagawa ang mga lokal na opisyal
upang mabigyan kayo ng kaalaman o impormasyon hinggil sa mga suliranin at mga plano ng munisipyo
munisipyo?
(Aside from meetings or consultations, are there other means used by local officials to inform the residents about the problems and plans of the municipal government?)
101. Kung meron, ano ito? Pwede sumagot nang higit sa isa. (If yes, what are these? Multiple answers are
allowed)
___ (01) pagdidikit ng posters at announcements (putting up posters and announcements)
___ (02) pamimigay ng mga babasahin (distribution of information materials)
___ (03) sasakyang rumoronda at may trompa (mobile propaganda team)
___ (04) announcements sa radio o TV (announcements on radio or TV)
___ (05) pagbabahay-bahay (house to house)
102. Dumadalo po ba ang pamilya ninyo sa mga pagpupulong, konsultasyon, at asembliya na
ipinapatawag ng mga lokal na opisyal? (Does your family attend to these meetings, consultations, and
assemblies being convened by local officials?)
___ (01) (Yes) ___ (02) Hindi (No)
113
103. Kung oo, sino po ang kadalasang dumadalo sa ganitong mga pagpupulong? Pwede sumagot nang
higit sa isa. (If yes, who usually attends these meetings? Multiple answers are allowed.)
___ (01) Tatay (Father)
___ (02) Nanay (Mother)
___ (03) Panganay na anak (Eldest child)
104. Meron bang mga samahan o organisasyon ang mga tao sa inyong barangay? (Are there people’s
organizations and associations in your barangay or locality?) ___ (01) Meron (Yes) ___ (02) Wala (None)
105. Kung meron, anu-ano ang mga ito? Pwede sumagot nang higit sa isa. (If yes, what are these?
Multiple answers are allowed.)
___ (1) homeowners’ / neighborhood association
___ (2) kooperatiba (cooperatives)
___ (3) rotary club, jaycees, at iba pang kaparehong grupo (rotary club, jaycees, and other
similar groups)
___ (4) sektoral na organisasyon ng mga magsasaka, kababaihan, at iba pa (sectoral organizations of farmers, women, and others)
___ (5) pampulitikang organisasyon o partido hal. Akbayan, Sanlakas, at iba pa. (political organizations or parties like Akbayan, Sanlakas, and others)
___ (6) Iba pa, tukuyin (Others, pls. specify) __________________________________
106. Kayo ba ay miyembro ng isang samahan o grupo sa inyong barangay? (Are you a member of an
organization or association in your barangay or locality?) ___ (01) Oo (Yes) ___ (02) Hindi (No)
107. Kung oo, alin sa mga pagpipilian sa #105 ang kinabibilangan ninyo? Pwede sumagot nang higit sa
isa. (If yes, to which of the choices in #105 do you belong? Multiple answers are allowed.)
______________________________________________________________________________
______________________________________________________________________________
108. Kung hindi, bakit? (If no, why) _________________________________________________
Maraming salamat po!
114
ESCR Incident/Case Report Form
Impormasyon hinggil sa kaso / insidente (General Information of the Case/Incident)
Petsa kung kailan naganap ang kaso / insidente (Date of occurrence of incident/case): _______________
Maikling paglalahad ng pangyayari / kaso (Brief narration of event/case):
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Bilang ng mga naapektuhan / sangkot na indibidwal (No. of affected/involved individuals): ____________
Bilang ng mga naapektuhan / sangkot na pamilya / kabahayan
(No. of affected/involved families/ households): ___________________
Lugar kung saan naganap ang insidente (Place of occurrence):_________________________________
___________________________________________________________________________________
Sino ang may kagagawan? Tukuyin ang pangalan ng ahensya ng gobyerno, unit ng pulis o militar at/o
pribadong grupong sangkot. (Perpetrators, indicate specific government agency/law enforcement unit /
AFP unit &/or private group involved.)
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Mga detalye ng Kaso / Insidente (Details of the Case/Incident)
Ano ang nangyari? Pakibanggit lahat ng mahalagang detalye tulad ng mga bilang at pangalan ng mga
biktima at mga lugar sa kaso / insidente. (What took place/happened? Please indicate all important
details, i.e. numbers and names of victims and places involved in the case/incident.)
Sino ang mga naapektuhan o kanginong mga karapatan ang nalabag sa kaso / insidente? Pakibanggit ang
Who
bilang at pangalan ng mga naapektuhang indibidwal at pamilya/ kabahayan sa kaso / insidente. (Who
were affected or whose rights were violated in the case/incident? Please indicate the number and
specific names of the affected individuals and families/households affected in the case/incident.)
Bilang ng mga naapektuhang indibidwal (Number of affected individuals): _________________________
Bilang ng mga naapektuhang pamilya/kabahayan (Number of affected families/households): __________
Bilang ng mga naapektuhang kababaihan (Number of affected women): __________________________
Bilang ng mga naapektuhang bata (Number of affected children): _______________________________
115
Kasarian (L/B) Sex (M/F)
Pangalan ng mga naapektuhang indibidwal
(Names of affected individuals)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Kasarian (L/B)
Sex (M/F)
Edad (Age)
Sino ang may kagagawan / may sala sa kaso/ insidente? Pakibanggit ang pangalan ng mga opisyal/
tauhan, kasarian, pangalan ng ahensya ng gobyerno, yunit ng pulis o militar, at/o pribadong grupo o
korporasyong sangkot sa kaso/insidente at ang ispesipikong papel nila sa kaso/insidente.
(Who perpetrated the case/incident? Please indicate the specific names of the officials/personnel, sex,
names of the specific government agency/office, law enforcement unit, AFP unit and/or private group/
corporation, involved in the case/incident, and nature of involvement/role in the incident/case.)
Pangalan ng opisyal /
tauhan(Name of official/
personnel)
Kasarian(L/B)
Sex (M/F)
Ginampanang papel sa
insidente, hal. team leader,
etc(Nature of involvement,
e.g. CO, team leader, etc.)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
116
Ahensya / Yunit /
korporasyon(Agency/Unit/
Corp.)
Ano ang nangyari? Paki-kwento nang detalyado ang kaso / insidente. (What
What happened? (Describe in detail
the case/incident)
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Kailan naganap ang kaso / insidente? (When
When did the case/incident take place?)
Petsa (Date): ____________________________________________ Oras (Time): _________________
Saan naganap ang kaso / insidente? (Where
Where did the case/incident take place?)
Pangalan ng barangay (Name of barangay): _________________________________________________
Pangalan ng munisipyo / syudad (Name of municipality/city): ___________________________________
Pangalan ng probinsya (Name of province): _________________________________________________
Maikling kasaysayan ng kaso / insidente (Brief history of the case/incident):
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
117
Maikling kasaysayan ng mga pagkilos ng mga naapektuhang inidibidwal / pamilya / kabahayan. (Brief
history of action taken by the affected individuals/families/households):
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
118

training on your rights

Transcription

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