Thread by @iLEAD_PH

We are now live for this week's #BudgetWatch webinar, which will tackle justice, security, and human rights and the corresponding budgets allotted by the government for these sectors in 2021. The webinar is conducted by iLEAD and @rapplerdotcom with @chrgovph and @AkbayanParty

https://twitter.com/rapplerdotcom/status/1332188566852567041

The panelists are:
- Atty Gian Miko Arabejo, Lawyer, Alternative Law Groups
- Carlos Conde, Senior Researcher, Human Rights Watch
- Princess Molleno, Head of Project Management, Commission on Human Rights
- Etta Rosales, Chair Emeritus, Akbayan Citizens' Action Partylist

Robert Sanders of iLEAD presents the overview and context.

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Sanders points out that EJKs have increased in the past years. He cited the shooting of activists and lawyers as examples

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Sanders notes that the Office of the Solicitor General and the Public Attorney's Office saw big increases from their 2020 budgets to their proposed 2021 budgets under the General Appropriations Bill.

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Sanders also notes that the Congress seems to have passed wholesale the 2021 DOJ budget proposed by the executive department.

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Sanders also reports the huge increases in DILG's programs from 2016 to 2021. He also says that the huge jump in the budget of PNP and BFP may be due to the salary increases of personnel.

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Police patrol operations and support to crime prevention and suppression program got the biggest budget of PNP for 2021.

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Sanders says that the trend of the Congress approving what the Executive branch proposed can also be seen in the budget of the PNP.

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AFP also saw budget increases in their proposed 2021 budget, says Sanders, with most line items seeing increases, some in the double digits, says Sanders

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Sanders also notes the big increase in the Judiciary budget from 2016 to present. Most of the budget went to the Supreme Court and the Lower Courts, although the Presidential Electoral Tribunal, Sandiganbayan, CA, and Court of Tax Appeals saw increases.

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The CHR is one of the agencies that has consistently gotten low appropriations, says Sanders. Its proposed budget for 2021 is lower than its 2020 budget.

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Security, law enforcement, administration of justice go hand in hand, says Sanders. However, he notes that there are questions being raised on whether the spikes in the budget for peace and security is being done in good faith.

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Physical infrastructure and security forces are favored over human capital development based on where the money is being invested, says Sanders. He compares the budgets for Build, Build, Build and the security-related programs and projects vs social protection.

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Carlos Conde, Senior Researcher, Human Rights Watch is now providing his reaction on Sanders's presentation.
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Conde says that the budget allocations are not surprising given the priorities of the Duterte administration. "The government has all the money for the security sector but not a lot for other sectors of society, and that's concerning."

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Conde says that agencies such as CHR are underfunded and underutilized because they are not given attention, mandate, and resources to protect human rights.

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Atty Gian Miko Arabejo, Lawyer, Alternative Law Groups is next. He says that supporting the justice system is not as easy as putting money there. He says that majority of victims come from low-income households and cannot afford hiring private lawyers.

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Arabejo says that both the PAO lawyers and the courts are overloaded with cases. The drug cases have seen a spike. Arabejo also says that bigger budgets will not necessarily mean that swifter delivery of justice.

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Arabejo says that they are lobbying for the decriminalizing of drug use. He notes that the strict laws involving illegal drug use, particularly on possession, is vulnerable to abuse and is causing the clogging in courts.

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Socio-economic and rights issues have led to armed conflict, says Arabejo. He says that these issues need to be addressed, otherwise, the long-running issues in the country will not be resolved.

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Princess Molleno, Head of Project Management, @chrgovph, says that there seems to be an imbalance in the budget. She recalls that CHR was previously threatened to only work with a P1,000 budget.

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Molleno said that they received comments about how CHR is called a toothless tiger, but said they cannot do much with a meagre budget.

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Molleno says that we need to look at the dignity of how people live and whether their issues are being properly addressed.

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Molleno says that it would be good for the government to apply the human rights-based approach to see if the budgetary allocations being proposed are truly enough to address the needs of the people.

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Molleno says that it would be good if the government would learn to be responsive, pro-active, and receptive to exploring whether the services being given truly address Filipinos' needs.

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Etta Rosales, Chair Emeritus, Akbayan Citizens' Action Partylist, says that there is lack of enforcement of law. She says it's not just the Duterte law, but one that is publicly promulgated, equal for everyone, and consistent with international laws and standards.

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Rosales that Duterte has violated international laws. She says that the United Nations' concept of security should be used as the basis in law enforcement.

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Economic security and food security should be the forms of security that should be looked into, says Rosales.

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Rosales that we need to put together, or at least have a consensus, on what national security means - including economic, psychological, and social security - and put that together with law enforcement, based on the rule of law.

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Rosales says that the reason why there are a lot of people speaking against the Anti-Terror Law is because it is lawless and is unconstitutional.

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Rosales thanks iLEAD for showing the budget details, including which programs have been defunded/seen reduced funds and which ones saw budget increases.

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Rosales says that the agencies in charge of coastal protection, including the Coastal Guard, should also look into helping ensure that coastal communities are safe from harm, particularly in terms of disasters.

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Conde says that the mandates of government need to be fine-tuned. Resources should then be re-allocated following that.

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Conde says that there are token agencies that have not been performing at optimum level because their mandates are unclear. Clarifying these will allow them to do their jobs more effectively, says Conde.

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Arabejo says that the definition of justice and security really are a question, and the government needs to rethink how they define these terms and implement accordingly. He points out that there are a number of laws that are not being implemented fully.

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The Juvenile Justice Welfare Act is one such law, says Arebajo. The law is good but is not being fully implemented.

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Enforcing an unconstitutional policy runs counter to the administration of justice, regardless of how large the budget it may be allocated, says Arebajo.

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Conde says there is a mismatch between the expectations and actions of the PNP, the DOJ, and the courts.

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Arabejo says he does not know where the ATL's budget will be funded, but says it will receive funds. "For sure popondahan iyan."

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Arabejo says that we always need to go back to the definitions of government of law and security. He also says that while the government will say they are just complying with international standards, international law is also political.

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Conde says that it is unclear what the NTF-ELCAC budget will fund. He also says that it is hard to demand human rights compliance from the government when, from the beginning, it's clear that human rights is not their priority.

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Conde says that the budget allocations seem to be out of touch. He says that while he is pessimistic, the scenario should not keep NGOs, the media, and other organizations to continue lobbying for the protection of human rights.

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Conde says that the current environment is not conducive for pushing for advocacies.
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"It is really the challenge to the people," says Rosales. "It's really the people who shouldn't stop discussing." She says there is a need to articulate human rights discussions point by point to help people understand.

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"When we speak of governance, it's no longer just the government, but also the people, the civilians, the people who are mobilized because they are informed," says Rosales.

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Molleno says that we need to work together and push back against whoever says human rights as a hindrance. "How we live right now, andito pa din ang human rights. Human rights is at the very essence of living a life of dignity."

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Arabejo says that the limited funding for correctional services facilities is a long-running problem. "Even before the drug war, jails have already been crowded, at mas lalong lumala with the drug war."
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If we shift from a punitive position to restorative, we'll have better results, says Arabejo. Building more facilities, train more personnel, train policymakers are some of the proposals Arabejo made to help address this problem.

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Restorative justice is not happening only because the government doesn't have a clear policy on that, but also because drug users and suspected criminals have been demonized and treated as dregs of society, says Conde.

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Conde says government officials are not invested politically and culturally in restoring people who have been involved in drugs and allowing them to regain their place in society.

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There are no mechanisms to reduce the harm of drug users to themselves, their families and society, says Conde.

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Rosales says that the CHR, along with NGOs, can do community-based interventions to help promote restorative justice.

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"Ibalik mo sila sa pagiging tao, at bigyan ng material benefits, such as livelihood," says Rosales on interventions that can be provided to former drug users. Education programs can also be implemented, she says.

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Molleno says it is challenging for CHR to pursue its investigations, but they strive to remain sensitive to the needs of their clients and are taking steps to continue to promote human rights.

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CHR is partnering with ALG, CSOs, and other government agencies. "Together, we are stronger," says Molleno.

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"It helps to develop a human rights culture," says Molleno.
"We are transitioning from an ancient way of thinking to a more progressive way of thinking." She says that from thinking criminals cannot be reformed, there is now a shift to help them change.

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Conde says sometimes, it is unfair to expect CHR to solely promote human rights. He says that there are other agencies in government such as the DSWD that are mandated to promote human rights, e.g. supporting orphans of the drug wars.

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NCIP, PCW are also other agencies that Conde says are mandated to help protect and promote human rights.

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"There are other agencies that are mandated to look into human rights. Are they doing it or they doing cues from Malacanang?" asks Conde.

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Arabejo says that the Alternative Law Groups' relationship with PNP seems to have soured in 2016, with the PNP no longer responding to invitations and requests.

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Rosales says that the CHR has to be increased, while the PNP's budget has to be rationalized.
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The Philippines is a state party to 8 international human rights policies, says Rosales.

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Conde says that it's drastic to defund PNP, as the police are still needed. "More than defunding the police, we need to insist on accountability of the police on the human rights violations they are implicated in, as they are the protector of the people."

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Conde points out that many of the budget increases of CHR are minimal. He says that the attitude of the government towards CHR and human rights has been confrontational, with CHR being seen as an enemy.

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"We need to challenge the government to make sure that it complies with its international human rights commitments," Conde says.

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"It's very easy to see if something isn't right, but it isn't easy to ask for correction because you are going against an entire system," says Sanders.

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"They're intended to co-exist and help each other, and it's just unfortunate that politics seems to make them combative against each other," says Sanders on the seeming issues between the CHR, PNP, and the courts.

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An increase in budget will prove that CHR is not a toothless tiger, says Molleno. She says she does not agree with defunding the PNP because we need law enforcement.

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Molleno says that everyone should be conscious to ensure that no one gets left behind. "We all want peace and unity," she says.

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Investigation needs more funding, says Molleno. She says that those who are guilty need to be held accountable. Another priority area is the jail visitation program.

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Arabejo agrees that the PNP should not be defunded because law enforcement is needed, but there needs to be a closer look at their budgets. One example that he gave is the internal investigations of the PNP, which he says should be done by a third party.

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Arabejo also questions the large budget of the NTF-ELCAC budget while the budget of other sectors were cut. Other agencies were defunded to bloat the PNP budget, he says.

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Rosales that there needs to be more teeth put into the protection provided by the police to vulnerable sectors such as IPs, fisherfolks. #BudgetWatch

"We need to look at justice beyond going to court, putting people in jail, and punishing people. We need to rethink our concept of justice and security. Is it really just punishing people are restoring the humanity of people who have been dehumanized?" Arabejo says.

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Molleno says we need to prioritize and rationalize. "There has to be checks and balances on what is being funded by the government. We need to work together for the good of everyone. We ensure that dignity is protected and human lives are saved and respected."

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Rosales says policymakers need to be convinced about the importance of human rights- and law-based budget.

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"We also need to work on the police protection of vulnerable sectors," says Rosales.

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"When we look at the entire budget, it should be a budget that promotes human security as a whole. If it gives a strong feeling of insecurity, it needs to be revisited. Everyone should be secure, not just a few," says Sanders.

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