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The OPCAT Campaign in the Philippines

The OPCAT Campaign in the Philippines. Implemented Activities from September 2007 to February 2008 & Prospects for 2008. The Ratification Process in the Philippines. Concurrence of Executive Departments with custodial powers Signing of the President

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The OPCAT Campaign in the Philippines

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  1. The OPCAT Campaign in the Philippines Implemented Activities from September 2007 to February 2008 & Prospects for 2008 Balay Rehabilitation Center, Inc.

  2. The Ratification Process in the Philippines • Concurrence of Executive Departments with custodial powers • Signing of the President • Senate deliberations for the ratification of the instrument • Implementing Legislation Balay Rehabilitation Center, Inc.

  3. Flowchart of the OPCAT Ratification Process Concurrence of custodial executive departments DOJ (Bureau of Correction) DILG (BJMP), DND DFA (with department concurrence recommends to President to sign protocol) President transmits document to Senate for deliberation and ratification Creation of an implementing legislation Installing the local instrument (National Preventive Mechanism/s) Balay Rehabilitation Center, Inc.

  4. Campaign Strategy • Nationwide popularization of the OPCAT; Stakeholder awareness raising and base building • Promoting the OPCAT at the executive level • Lobbying the Concurring and Ratifying Entities / Linear Campaign • Research & Discussions on Effective & Practical NPM forms for the Philippines Balay Rehabilitation Center, Inc.

  5. Standing Pledges of the Philippines to the UN April 19, 2006 – The Philippine Government submits pledges in its bid for a seat at the UN Human Rights Council • The abolition of the death penalty • “to strengthen domestic support for the ratification of the OPCAT” Balay Rehabilitation Center, Inc.

  6. Concurring & Ratifying Entities; Linear Campaign (Key Players in installing the OPCAT) Executive Departments and NHRI • DOJ • DILG • DND • DFA • DOH • DSWD • CHR Balay Rehabilitation Center, Inc.

  7. Concurring & Ratifying Entities; Linear Campaign (Key Players in installing the OPCAT) 8. Presidential Human Rights Committee (PHRC) & President Gloria Macapagal Arroyo 9. The Philippine Senate - Committee on Foreign Relations - Committee on Justice & Human Rights Balay Rehabilitation Center, Inc.

  8. Supporting Entities and Stakeholders • Civil Society Organizations, Freedom from Torture Networks, Human Rights Professionals • Individuals Deprived of their Liberty • RCT, APT, AHRC and other international partners • The OPCAT Regional Working Group • International Freedom from Torture Advocacy Organizations and Alliances • Diplomatic Community • BJMP • BuCor • Supreme Court • Provincial Governments • House of Representatives • The student sector and academe • The UN Balay Rehabilitation Center, Inc.

  9. Accomplished ActivitiesConcurring & Ratifying Entities; Linear Campaign • Dialogue with Senator Francis Escudero, Senate Committee on Justice & Human Rights Chairperson • Dialogue with Senator Aquilino Pimentel, Jr., Senate Minority Leader • Lobbying the Presidential Human Rights Committee (PHRC) and other agencies during the stakeholders consultation for the Universal Periodic Review GRP report Balay Rehabilitation Center, Inc.

  10. Accomplished ActivitiesExecutive Level Promotion & Awareness Raising • View Exchange Meeting with the Department of Health (Implementing Officials, eg: Division Chiefs) • View Exchange Meeting with the Department of National Defense • View Exchange Meeting with the Department of Justice Balay Rehabilitation Center, Inc.

  11. Accomplished ActivitiesNationwide Stakeholder Awareness Raising & Base Building • 9 December Bike For Rights, Year 13, The Right to be Free from Torture • OPCAT Grand Meeting (Diplomatic Community, Executive Departments, Line Bureaus & the UATC) • OPCAT-Freedom from Torture 2008 Calendar ·1 December 2007 PAHRA launching of HR week thematic torch run around landmark monument, the QC circle (Balay Freedom from Torture theme and statement) Balay Rehabilitation Center, Inc.

  12. Context of Campaign • Signatures of Secretaries of all Executive Departments with Custodial Powers on PHRC Resolution • Department of Foreign Affairs (DFA) not gathering Certificates of Concurrence -DND -PHRC resolution submitted to the Office of the President Balay Rehabilitation Center, Inc.

  13. The Treaty’s Current Status • Presidential Human Rights Committee (PHRC) currently endorsing to President our accession. PHRC resolution on her table. • Accession seems to be the GRP’s chosen option • OPCAT Accession a possible centrepiece for offsetting poor Universal Periodic Peer Review Results Balay Rehabilitation Center, Inc.

  14. Indisposition to the OPCAT; points raised by Government (Armed Forces of the Philippines & Bureau of Corrections) • Absence of Freedom from Torture Law • Lack of Safeguards within provisions of the treaty for Government Representatives • Possibility that unannounced visits may compromise national sovereignty. Balay Rehabilitation Center, Inc.

  15. Steps to be taken in order to strengthen the campaign • Gathering of more signatures appealing to the President to sign the instrument • Dialogue with Secretary Teodoro of the DND • Dialogue with DFA Secretary or en banc official • Dialogue with Senators • Securing explicit supreme court support through dialogue • CHR recommendation to install the OPCAT (position paper) • Individual Resolutions from Local Executives • League of Provinces Assembly Presentation • BJMP National Command Command Conference Balay Rehabilitation Center, Inc.

  16. Steps to be taken in order to strengthen the campaign • View Exchange Gatherings with other Executive Department Officers and Personnel (Mid level/division chiefs of the DILG and DSWD) • Public Address/High Profile Activities -Radio Campaign -Public Statements • Letters of Appeal • Grassroots Base Building • Discussions and Research on Effective & Practical NPM forms for the Philippines Balay Rehabilitation Center, Inc.

  17. Projected Activities • Formalize Memorandum of Agreement with Senate Committee on Justice and Human Rights • Submission of Sen. Pimentel’s Draft Privilege Speech • Formal Meeting with Undersecretary Cecilia Quisumbing, PHRC Executive Director for clarifications • Meeting with DFA to push for the gathering of the certificate of concurrence • DILG view exchange meeting • DSWD view exchange meeting • DFA view exchange meeting • League of Provinces view exchange meeting • Inter- Agency Committee on Prison Reform and Prisoners’ Welfare & Rights view exchange meeting • Bureau of Corrections view exchange meeting Balay Rehabilitation Center, Inc.

  18. Projected Activities • BJMP command conference presentation • Public Safety College Freedom from Torture and OPCAT Presentation • Gathering of OPCAT ratification signatures • Designing appeal cards for the President • Dissemination & Gathering of appeal cards cards • Continuing Grassroots Support Building for the OPCAT (community OPCAT resolutions) • Drafting of letter of appeal for President • Submission of signatures and community resolutions, letters and cards of appeal to the Office of the President • OPCAT Forum at the Senate • OPCAT Forum at the House of Representatives • June 26 Activities, Media Forums & Street Mobilizations Balay Rehabilitation Center, Inc.

  19. Projected Activities • UDHR 60th Anniversary Celebration highlighting the need for Torture Prevention Instruments in compliance to Article 5 • Radio Campaign for the OPCAT • Consolidation of Media Contacts for OPCAT promotion • Media blitz: Tri-media Placements • Ratify the OPCAT Pins design • Dissemination of Pins • Monitoring of emerging NPM models • NPM research project phases • RCT & Balay Courtesy Calls to Principals of the Judiciary, Legislature and the Diplomatic Community Balay Rehabilitation Center, Inc.

  20. Few Points to Rationalize the Philippines Prompt Installment and Effective Implementation of the OPCAT • The Philippines can help set the tone in Asia; Help lobby the adoption of the OPCAT elsewhere for OFW protection • Improve its credibility as a member of the UNHRC Balay Rehabilitation Center, Inc.

  21. Domestic Environment Behavior Impact on Regional Project & Responsive Strategies • Executive Departments, particularly the DFA unresponsive and passive in the Philippines’ OPCAT adoption process • Question remains unresolved whether the Philippines will opt for accession or ratification; hence a two pronged approach to the linear campaign is necessary at this point • Piggy-backing on the UNHRC-UPR to fast track the installment of the OPCAT Balay Rehabilitation Center, Inc.

  22. Domestic Environment Behavior Impact on Regional Project & Responsive Strategies • Volatile political situation –public positions, stands and mindsets on issues & unstable representation of the institutions- Lobbying the OPCAT at all levels & fronts, reaching a wider ambit • Dwindling Public Interest on HR issues; focused sensational political drama; HR legislation & policy reform often shelved- Utilizing HR Alliances and Networks to bring HR, including OPCAT to the forefront Balay Rehabilitation Center, Inc.

  23. Maraming Salamat Po… Balay Rehabilitation Center, Inc.

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