• CHRYSEE G. SAMILLANO
The Bacolod Sangguniang Panlungsod (SP) approved on first reading on October 15 a landmark legislation directing the Bacolod City Government to respect, recognize, protect and fulfill the rights of human rights defenders (HRDs) in the city, building up Bacolod as one of the few cities in the country to institutionalize mechanisms for their safety and empowerment.
The ordinance to be called “Bacolod City Human Rights Defender Ordinance,” was authored by Councilor Wilson Gamboa Jr., chairman of the SP Committees on Human Rights, Veterans Affairs and History.
Gamboa said the proposal intends to define the rights and fundamental freedoms of HRDs, declare the responsibilities of the city government, and establish effective protection and promotion mechanisms.
The proposed ordinance is grounded on the 1987 Philippine Constitution’s Bill of Rights and on international human rights standards adopted by the United Nations General Assembly, to which the Philippines is a party.
Gamboa said the crafting of the proposed ordinance affirms the Bacolod City Government’s commitment to respect, promote, and fulfill human rights through a human rights-based approach to governance.
The proposed ordinance cites that the city government must uphold the HRD’s rights to promote and protect human rights and fundamental freedom to organize a peaceful assembly, freely associate with local and international groups, rights to seek, receive, and disseminate information, right to privacy, freedom and right against vilification, intimidation, and reprisals – explicitly prohibits “red-tagging” and other forms of labeling or defamation of HRDs, whether by public officials or private individuals.
Likewise, the City Government has the obligation to facilitate the work of HRDs by granting access to public information and spaces; conduct investigations into reports of threats, intimidation, or rights violations; and adopt a human rights-based approach in all governance and development programs, including peace and security efforts – seeing to it that remedies and reparation are provided in cases of violations, and to ensure that victims of intimidation, harassment, or abuse receive legal, medical, and psychosocial assistance.
To implement this proposed ordinance, a Committee called “Human Rights Defenders Committee (HRDC)” will be created by the local government within 60 days from the effectivity of this Ordinance, as well as to conduct educational awareness campaigns, information dissemination programs and capacity-building programs that will inform the constituents and law enforcement officers.
The committee is tasked to act promptly on reports of violations, assist victims, monitor and document cases, and conduct public education campaigns on human rights.
Violation of the provisions of this ordinance and members of the HRDC who knowingly allow, abet, or tolerate the prohibited acts enumerated under the provisions of this ordinance, or who otherwise fail to fulfill their duties and obligations will be penalized by paying P5,000 or be meted imprisonment for a period not exceeding 180 days, or both.
Gamboa stressed that the passage of the proposed ordinance will help build a safe and enabling environment for those who advocate for human rights and also acknowledges the significant role of HRDs in upholding democracy by protecting them from threats, harassment, and harm.*
