Community-based Dialogues (CBD)
CBD Summit in Western Visayas

CHR

The CBD, which was organized by the Commission on Human Rights (CHR) Region VI and PROCESS Foundation-Panay with the support of Hanns Seidel Foundation/Germany (HSF) was attended by 52 participants representing civil society organizations (CSOs) {comprising of Indigenous Peoples (IPs), farmers and fisherfolk}, Non-Government Organizations (NGOs), Social Action Center (SAC), national government agencies (NGAs), local government unit (LGU), academe, Armed Forces of the Philippines-Philippine Army 3rd Infantry Division (3ID), Philippine National Police (PNP)- Police Regional Human Rights Office VI (RPHRO-VI), Philippine Coast Guard (PCG-Western Visayas District), CHR-VI led by its Regional Director, Atty. Jonnie Dabuco and HSF. 

The Welcome Remarks was given by Atty. J. Dabuco, CHR-VI Regional Director. He expressed gratitude for the help and generosity of HSF for the conduct of the CBD Summit, as well as the contributions of the CHR-VI, PROCESS Foundation, AFP, PNP, CSOs, NGOs, academe, NGAs and the LGU.  He acknowledged the presence of a good number of participants despite the transport strike and flooding in some areas in Western Visayas, which he said is a testament of their commitment to help those in need, the voiceless, defenseless and forgotten.  He noted that after 15 years of implementing the CBD, it is time to review its achievements and plan next steps.  He shared his expectation that the 2-day summit will result in a strong partnership between and among the different sectors. He enjoined their support in sustaining the gains and accomplishments of the CBD and in facing the challenges to deliver more towards the promotion and protection of human rights.

Ms. Maria Adelia Co, HSF Program Coordinator, gave a brief Message of Support.  She expressed appreciation to be able to join the CBD Summit which she said is a good opportunity to gather relevant stakeholders to revisit the partnership, and plan on how to sustain the accomplishments and gains for long-term impact.  She noted that the current phase of the project is on institutionalization of the CBD at the local level through the regional and/or provincial core group which is deemed as one strategic mechanism for human rights promotion.  She also shared the status of implementation of the feedback and referral system (FRS) for monitoring and reporting of human rights violations. She wished the participants a productive discussion.

Mr. Christopher Montaño, CHR-VI Division Chief, shared the rationale of the summit by revisiting the goal and objectives of the CBD launched in 2008 which aims to contribute towards the improvement of the human rights situation in the country through the enhancement of the relationship between the AFP and PNP, and civil society organizations and local communities.  He underscored one of the initiatives of the government at that time which was the establishment of human rights offices at the AFP and PNP from the headquarters down to the lower units to address the alarming rise in unresolved cases of extrajudicial killings and enforced disappearances. He noted the specific objective of the project, i.e., to help create venues for dialogue between the security sector and civil society and LGUs to collectively discuss the issue of human rights promotion and protection and looking at collaborative efforts for ongoing and future actions to promote and protect human rights.  He noted that the participation of marginalized sectors, relevant government agencies, academe, and CSOs in the CBD Summit is a manifestation of continuing commitment of critical stakeholders in the pursuit of human rights.

Ms. Lorena Navallasca, Manager, PROCESS Foundation Panay and Head of CBD Region VI Secretariat presented the status of CBD accomplishments, issues and challenges in the region.  She highlighted the approved Provincial Human Rights Ordinances in Antique and Iloilo, and the Executive Order (EO) of San Jose municipality in Antique adopting the CBD in its annual Municipal Peace and Order Council (MPOC) plan. The focus issues are on: (i) fisheries - illegal fishing, encroachment of commercial fishers inside the municipal waters and Marine Protected Area (MPA), non–functional Bantay Dagat (Sea Patrol), Fish Warden not deputized, non-functional FARMCs (Fisheries and Aquatic Resource Management Councils); (ii) Indigenous Peoples (IP) - harassment by civilians, protection by security agencies especially during conduct of survey of ancestral domain, slow processing of Ancestral Domain for CADT (Certificate of Ancestral Domain Title), IPs not included in government livelihood support programs (4Ps, DOLE-TUPAD), support to IP children who are victims of violence especially in filing of case in court; (iii) agrarian reform - slow Issuance of individual CLOA (Certificate of Land Ownership Award), limited number of ARBs (Agrarian Reform Beneficiaries) received support services, harassment of ARBs by land owners, delayed installation of ARBs; and (iv) cross-cutting issues - limited capability of CSOs & community leaders on how to access legal and other services from government agencies, limited understanding re. the justice system and processes. She mentioned that part of the problem in resolving issues especially with the marginalized sectors is fund mobilization.

Hon. Matt Palabrica, Member of the Sangguniang Panlalawigan (Provincial Board) presented Provincial Ordinance No. 2021-253 (An Ordinance to Promote and Protect Human Rights in the Province of Iloilo by Establishing Local Human Rights Action Centers at every level of Local Government Unit in the Province of Iloilo, and providing Funds Thereof; see attached). He shared that the ordinance facilitated the creation of Human Rights Action Centers (HRACs) from the province down to the barangay level, Human Rights Committee, Human Rights Action Team, and observance of Human Rights Consciousness Week. He said that the CBD is intertwined in the HRACs as the strategic mechanism for human rights promotion.  Board Member Palabrica mentioned reports of alarming cases of incest in the province.  He assured that the Board will review all provincial policies and programs to comply with human rights norms, principles and standards.  Unfortunately, the resource person from the Provincial Government of Antique was not able to attend.

A number of national government agencies provided updates, initiatives and challenges, viz: (1) Police Lt. Col. David Cachumbo, Jr., Chief of PRHRO-VI shared the following information as of 3rd quarter of 2023: (i) decrease in the number of alleged Human Rights Violation (HRV) complaints against PNP personnel (2% decrease per quarter); (ii) 20% increase of activities; (iii) continuous conduct of Human Rights Police Information and Continuing Education (PICE), lectures, training and seminars to PNP personnel; and (iv) monitoring of alleged HRV cases filed with Internal Affairs Service (IAS) and Discipline, Law and Order Division (DLOD).  He mentioned that HRV cases were committed against right to life, liberty, and property.

(2) Lt. Col. J-Jay Javines, Assistant Chief of Staff, AFP-Philippine Army 3rd Infantry Division (ID) presented the strategic framework of the AFP.  He cited its 2 strategic initiatives which are (i) adherence to International Humanitarian Law (IHL), HR and Rule of Law; and (ii) involvement of stakeholders. He said the focus of operations is to win the peace, and full and proper implementation of IHL in all campaigns and operations. He noted the creation of the Center for Law of Armed Conflict (CLOAC) in every major service down to the battalion level which ensures the military’s compliance with IHL and HR laws, and in monitoring violations by enemies of the State. He shared information on the Guidelines on the Law of Armed Conflict, inter-agency monitoring mechanisms, partnership and collaboration with stakeholders to promote HR/IHL (e.g., CHR, ALG, HSF which he acknowledged as very active in human rights promotion), institutionalization of HR/IHL in the AFP (from Jan to Nov 2023, there are no HR/IHL violations recorded implicating AFP personnel), HR/IHL are incorporated in the Professional Military Education of AFP personnel, regular advocacy campaigns for soldiers to ensure adherence to HR/IHL, conduct of Troop Information and Education on HR/IHL, and 3rd ID operations against communist terrorist groups (CTGs) in its area of responsibility (Regions 6 & 7).

(3) Atty. Maynaquita Montaño gave the presentation on the Department of Agrarian Reform (DAR).  She highlighted the land tenure services and agrarian legal services, as follows:  (i) land acquisition and distribution, (ii) free legal assistance to farmer beneficiaries affected by agrarian cases, (iii) adjudication of agrarian cases (resolution of cases by the DAR Adjudication Board {DARAB} and any of its salas) and agrarian legal assistance (resolution of agrarian law implementation cases, ARB representation before judicial and quasi-judicial bodies, and mediation and conciliation) and (iv) alternative dispute resolution techniques in mediation to reduce conflicts maturing into court cases (involves legal advisory and enforcement).  She added that DAR also provides Technical Advisory Support Services (TASS) to capacitate ARBs and provide them access to necessary support services to make their land productive (training programs, construction and rehabilitation of infrastructure facilities, access to basic social services of ARB households). She also mentioned the SPLIT Project in support of the parcelization of lands for individual titling which is being considered for World Bank funding.

(4) Atty. Hermiejun Toledo of the National Commission on Indigenous Peoples (NCIP) gave a presentation on the services of the NCIP, as follows: (i) Ancestral Domain/Land Recognition (Recognition and Titling), (ii) Assistance to Ancestral Domain Sustainable Development and Protection Plan (Technical and Financial Assistance), (iii) Culturally Appropriate, Responsive and Gender Sensitive Socio-economic and Ecology Development Protection (Policy support and extension of assistance, (iv) Coordination with agencies especially charged with the implementation of various socio-economic services, policies and programs), (v) IP Education and Advocacy Services (Educational Assistance Program, Merit-Based Scholarship), (vi) IP Culture Services (Preservation of  culture), (vii) IP Health Services (to address inequities in health outcomes), (viii) Gender and Rights Based Services (Self-governance and self-determination; civil registration, awareness on RA 11596-prohibiting the practice of child marriage), (ix) IP Rights Advocacy and  Monitoring of Treaty Obligations (to ensure basic human rights of ICCs/IPs are respected and recognized), (x) Legal Services (Legal assistance involving community interest, conduct of paralegal training, documentation of customary laws), and (xi) Adjudication Services (resolve all claims and rights involving rights of ICCs/IPs).

(5)  Coast Guard ENS Adrean Lagnason of the Philippine Coast Guard Western Visayas District presented their accomplishments on anti-illegal fishing and maritime patrol for Jan to Nov 2023, as follows: (i) apprehensions of operators/fishermen fishing without license and permits, and fishing within sanctuary or recreation zones;  (ii) apprehensions of operators/fishermen for leaving the port without PCG clearance or with an outstanding detention order; (iii) apprehensions of operators/fishermen for use of active gears destructive to marine habitat; (iv) apprehensions of operators/fishermen for failure to submit Masters Declaration of Safe Departure; and (v) successfully conducted law enforcement operation to deter illegal fishing activities in certain vicinities, and gathered information from local fisherfolk with regards to illegal fishing activities and against unreported and unregulated fishing, drug trafficking and smuggling of goods.

(6) Mr. Pedro Altar of St. Anthony’s College expressed his appreciation for the conduct of the CBD Summit and acknowledged the openness and trust exhibited between the security sector, government agencies and the marginalized sectors.  He said the fruitful and open discussions are helpful in finding solutions to the problems raised given the commitments of the authorities present.  He thanked the resource persons for the information shared.

Open Forum:

The following comments and remarks were shared by the participants:

* Provide honorarium to Bantay Dagat (Sea Patrol) volunteers/personnel

* Monitor HRVs committed by operators/fisherfolk

* Report misbehavior of police personnel

* FARMCs have a provincial structure but the quality of leadership is questionable (irregular elections)

* Hasten installation of ARBs with collective CLOA

* DAR should provide support services to CLOA-holders to make them become sustainable; some ARBs sell their farmlands, others become laborers of their land to make both ends meet

* Monitoring and coordination with ARBs are lacking

* The PCG did not receive formal information on some of the complaints raised by the fisherfolk

* Participants were confident to share their issues and possible solutions because of trust and mutual understanding with each other

* AFP’s Internal Peace and Security Plan “Bayanihan” (communal unity) is an open document

* Report misbehavior of police personnel

* The security sector helped facilitate basic human rights, e.g., secure DAR installation teams

* PNP assures support and cooperation with DAR

* Government agencies and academe were pleased to hear field level reports

* Appreciative of the dialogue, discussions and open communication

* Higher level of presentations

* Constructive raising of issues

* Greater affirmation of cooperation

* The summit help surfaced issues and provide attention

* CBD contributed a lot to the promotion and protection of CPR

* Schools are good venues to create awareness on human rights and conduct of advocacy campaigns to communities

* Need to level up engagement with government agencies, LGU, PCG

* IPs thankful to represent their community and made aware of NCIP programs

* AFP warns of CTGs infiltrating marginalized groups

* The summit provided opportunity to look at problems in their community and how to help one another

Afterwards, Sectoral Workshop 1 was held representing IPs, Farmers, Fisherfolk and Academic Sectors.  The participants were asked to discuss and answer 3 questions: 1) What are the issues and concerns?, 2) What are the possible agencies/program/ mechanism to respond to these issues and 3) What is the nature of collaboration/relationship towards resolution of these issues?  The outputs of the workshop were presented in plenary.

Thereafter, Sectoral Workshop 2 on Sustainability was held.  The 4 sectoral groups were asked to discuss and respond to following subject matter: (i) How do we sustain local CBD partnership, (ii) Support needed from regional CBD core group, and (iii) Other support to make the CBD local core group functional.  The outputs of the workshop were presented in plenary.

For the Closing activity, a Commitment form was passed around and signed by the participants.  Mr. C. Montaño gave the Closing Remarks. He remarked that the summit was fulfilling which allowed the participants to bring out the truth about their issues on the ground that affect their lives.  He said that before the CBD, the relationship between the security sector and civil society was a “win-lose” situation but today, it is a “win-win” situation with AFP and PNP actively participating in the discussions, sharing information (e.g., contact details), promoting human rights, etc. He noted that the essence of the CBD is open communication, addressing issues/situation on the ground, and good relations with other stakeholders. He enjoined the participants to take up the challenge to realize the plans/roadmap to be undertaken after the summit. He disclosed that with the conduct of the CBD over the years, there is minimal complaints on civil and political rights (CPR) and more issues are being raised related to economic, social and cultural rights (ESCR). Further, the assistance of AFP and PNP is being sought to help access economic rights such as land rights, livelihood, environment, among others.  He acknowledged that this is a positive change in the human rights environment of the country.