Upholding Dignity and Human Rights: A Mission for Equality and Justice

Working towards a just and humane Philippine society where all individuals have equal opportunities, live with dignity, and stand against oppression. As the conscience of the government and the people, the mission is to seek truth in human rights issues, raise awareness of rights, and advocate for the rights of the disadvantaged, marginalized, and vulnerable populations, thereby guiding society towards respecting the rights of all.

• Dignity
• Human Rights
• Equality
• Justice
• Philippines

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1. CHR: Dignity of all VISION: MISSION: A just and humane Philippine society of persons equal in opportunity, living a life of dignity, and forever vigilant against abuses and oppression. As conscience of government and the people, we seek truth in human rights issues. As beacon of truth, we make people aware of their rights, and guide government and society towards actions that respect the rights of all, particularly those who cannot defend themselves the disadvantaged, marginalized, and vulnerable.

2. Committee on Justice Hearing on the Death Penalty Bills Commissioner Karen Gomez-Dumpit 05 August 2020 House of Representatives Zoom Video Conference VISION: MISSION:

3. Contents INTERNATIONAL HUMAN RIGHTS INSTRUMENTS Slides 1-4 WITHDRAWAL OF THE PHILIPPINES FROM THE ICCPR Slides 5-9 DEATH PENALTY AND TORTURE Slides 10-11 INTERNATIONAL INSTRUMENTS SUPPORTING THE ABOLITION OF THE DEATH PENALTY Slides 12-15 REPERCUSSIONS OF REINSTATING THE DEATH PENALTY Slides 16-17 CHR: Dignity of all

4. International Human Rights Instruments Against the Death Penalty CHR: Dignity of all

5. International Covenant on Civil and Political Rights (ICCPR) Ratified 23 October 1986 Article 6 1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. CHR: Dignity of all

6. International Covenant on Civil and Political Rights (ICCPR) Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. CHR: Dignity of all

7. 2nd Optional Protocol to the ICCPR Ratified 20 November 2007 Article 1 1. No one within the jurisdiction of a State Party to the present Protocol shall be executed. 2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction. CHR: Dignity of all

8. Withdrawal of the Philippines from ICCPR s Second Optional Protocol? CHR: Dignity of all

9. CIRCUMSTANCES OF THE RATIFICATION OF THE 2nd OPTIONAL PROTOCOL TO THE ICCPR Ratified in 20 November 2007 After the passage of Republic Act No. 9346 in 2006 CHR: Dignity of all

10. VIENNA CONVENTION ON THE LAW OF TREATIES On the Termination of Treaties: Art. 46 (2) Art. 54 Article 56 (1) CHR: Dignity of all

11. General Comment No. 36 (2018) of the Human Rights Committee on the Right to Life of the ICCPR Par. 2 on Article 6, the right to life Par. 12 on deprivation of life being arbitrary if inconsistent with international or domestic law Par. 34 on the State Parties to the Covenant who have abolished the death penalty are barred from reintroducing it. Par. 51 on establishing an agreement among States parties to consider the death penalty as a cruel, inhuman or degrading form of punishment. CHR: Dignity of all

12. THE PHILIPPINES IS PARTY TO INTERNATIONAL TREATIES THAT ARE INCONSISTENT WITH THE DEATH PENALTY FOR NARCOTIC OFFENSES 1961 Single Convention on Narcotic Drugs 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances CHR: Dignity of all

13. Death Penalty is Torture CHR: Dignity of all

14. Death Penalty is Torture Torture, as defined under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). Anti-Torture Act definition Use of psychoactive drugs Botched executions CHR: Dignity of all

15. International Human Rights Instruments Supporting the Abolition of Death Penalty CHR: Dignity of all

16. Voting Patterns of the Philippines in the UN General Assembly and the UN Human Rights Council 1. Resolution adopted by the General Assembly on 18 December 2007 [on the report of the Third Committee (A/62/439/Add.2)] 62/149. Moratorium on the use of the death penalty SPONSORED, VOTED IN FAVOR 2. Resolution adopted by the General Assembly on 18 December 2008 [on the report of the Third Committee (A/63/430/Add.2)] 63/168. Moratorium on the use of the death penalty VOTED IN FAVOR 3. Resolution adopted by the General Assembly on 21 December 2010 [on the report of the Third Committee (A/65/456/Add.2 (Part II))] 65/206. Moratorium on the use of the death penalty VOTED IN FAVOR 4. Resolution adopted by the General Assembly on 20 December 2012 [on the report of the Third Committee (A/67/457/Add.2 and Corr.1)] 67/176. Moratorium on the use of the death penalty VOTED IN FAVOR CHR: Dignity of all

17. Voting Patterns of the Philippines in the UN General Assembly and the UN Human Rights Council 5. Human Rights Council Twenty-sixth session on 26 June 2014 Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Resolution adopted by the Human Rights Council 26/2 The question of the death penalty VOTED IN FAVOR 6. Resolution adopted by the General Assembly on 18 December 2014 [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)] 69/186. Moratorium on the use of the death penalty VOTED IN FAVOR 7. Human Rights Council Thirtieth session Agenda item 3 Resolution adopted by the Human Rights Council on 1 October 2015 30/5. The question of the death penalty DID NOT VOTE CHR: Dignity of all

18. Voting Patterns of the Philippines in the UN General Assembly and the UN Human Rights Council 8. Resolution adopted by the General Assembly on 19 December 2016 [on the report of the Third Committee (A/71/484/Add.2)] 71/187.Moratorium on the use of the death penalty ABSTAINED 9. Human Rights Council Thirty-Sixth Session Agenda Item 3 Resolution adopted by the Human Rights Council on 5 October 2017 36/17 The question of the death penalty ABSTAINED 10. Resolution adopted by the General Assembly on 17 December 2018 [on the report of the Third Committee (A/73/589/Add.2)] 73/175. Moratorium on the use of the death penalty ABSTAINED CHR: Dignity of all

19. The Repercussions of Reinstating the Death Penalty CHR: Dignity of all

20. Repercussions OFWs on Death row The confidence in the Philippines as a member of the international community will be eroded Difficulty in cooperation on dealing with transnational crimes Loss of the GSP+ Status CHR: Dignity of all

21. THANK YOU! CHR: Dignity of all

22. SAAC Bldg., Commonwealth Ave., UP Complex, Diliman, Quezon City Public Assistance and Complaints Desk (0936) 068 0982 (TM) | (0920) 506 1194 (Smart) (02) 294 8704 /chrgovph www.chr.gov.ph VISION: MISSION: A just and humane Philippine society of persons equal in opportunity, living a life of dignity, and forever vigilant against abuses and oppression. As conscience of government and the people, we seek truth in human rights issues. As beacon of truth, we make people aware of their rights, and guide government and society towards actions that respect the rights of all, particularly those who cannot defend themselves the disadvantaged, marginalized, and vulnerable.