A tip sheet with eight takeaways from my interaction with 200 senior high school and first-year college learners of De La Salle AU, Kalookan City, Philippines to commemorate International Human Rights Day 2023.
1. Identify the connection between human rights, the environment, and maritime issues in the West Philippine Sea (WPS).
When conflict in WPS degrades the environment, the human rights of communities that depend on this environment are also violated. For example, the over-harvesting of giant clams by Chinese militia violates Filipino fishing communities’ rights to adequate standard of living, life and security, health, and the environment. Vulnerable groups and individuals like women and LGBTIQ+, children and the elderly, persons with disabilities (PWDs), migrants or internally displaced persons, and indigenous peoples are most affected by environmental destruction. Read more here.
2. What’s the importance of empathy and critical thinking in discussing these issues?
Both empathy- the ability to put yourself in other people’s shoes- and critical thinking- the ability to identify, understand, and critique different perspectives- are necessary in fighting disinformation, breaking through confirmation bias, building bridges for achieving shared outcomes, and managing competition and conflict.
3. What’s the interplay between human rights, environmental concerns, and national security interests?
The strategic domain of environmental security in the West Philippine Sea (WPS) underscores the intricate interplay between human rights, environmental concerns, and national security interests for the Philippines.
The degradation of the marine environment, driven by activities like overfishing and the destruction of coral reefs, not only jeopardizes ecological balance but directly impacts the livelihoods of coastal communities, violating their right to a healthy environment and sustainable livelihoods.
Additionally, environmental degradation in the WPS poses national security risks, as a compromised ecosystem can lead to increased tensions and conflicts, affecting not just the right to security of individuals and communities but the overall stability and security of the Philippines.
Thus, safeguarding the environment is integral to protecting both the human rights of local communities and the broader national security interests of the entire Philippines.
4. Through a local lens, how can bayanihan contribute to promoting human rights and environmental justice?
Bayanihan, the Filipino concept of communal unity, can play a crucial role in promoting human rights and environmental justice locally by fostering collective responsibility and shared efforts in protecting culture, marine livelihoods, and natural resources.
Youth can contribute to bayanihan by equipping yourselves with critical digital literacy skills to discern and analyze information online, so as to become our country’s first line of defense against psychological and cyber warfare, foreign influence (e.g. China’s Three Warfares strategy), and disinformation.
5. Adopting a global perspective, what’s the importance of global citizenship in overcoming humanity’s common challenges?
Global citizenship is vital as it encourages a sense of shared responsibility and collaboration among individuals worldwide, recognizing that challenges like environmental degradation and human rights violations require collective, international solutions. Check out credible and committed international not-for-profit organizations you may like, follow, or even join, such as Amnesty International and Greenpeace.
6. From a social science perspective, what are the historical claims in the West Philippine Sea (WPS) of the Philippines and China, and the perspectives of other countries regarding these historical claims?
The Philippines possesses linguistic, archaeological and DNA evidence, showcasing millennia of seafaring and habitation, particularly through the use of balangays. This deep-historical connection bolsters the Philippines’ patrimonial claim to the WPS, based on maps and written historical records analyzed in the context of domestic and international law, asserting our longstanding presence and utilization of the area for cultural, economic, and navigational purposes.
China, on the other hand, asserts its claims through the controversial nine- or ten-dash line, a demarcation that encompasses a significant portion of the South China Sea, including parts of the WPS. This claim is not rooted in actual historical occupation, but rather is a geopolitical assertion of sovereignty. It has been widely contested, especially concerning international maritime laws. Read more here.
Other countries, including defense allies of the Philippines, often align with principles such as freedom of navigation and open seas policies, rather than historical claims. They advocate for the right of vessels to traverse international waters without restrictions, emphasizing the importance of maintaining a rules-based international order. Their stance often challenges China’s expansive claims, seeking to preserve the freedom of movement for all countries in the WPS.
7. From a legal standpoint, what is the role of the Permanent Court of Arbitration and the International Criminal Court (ICC) in protecting human rights and the environment in the West Philippine Sea (WPS)?
The Permanent Court of Arbitration’s 2016 Arbitral Award in Philippines v. China underscores the importance of adhering to international law to address territorial disputes, contributing to the protection of human rights and the environment in the WPS. The PCA, in its ruling, invalidated China’s expansive claims within the nine-dash line, emphasizing the rights of nations, including the Philippines, to their exclusive economic zones based on the United Nations Convention on the Law of the Sea (UNCLOS). By rejecting China’s claims that infringed upon the Philippines’ maritime rights, the PCA decision contributes to safeguarding the livelihoods of coastal communities, protecting their right to resources in the WPS, and preserving the marine environment from unilateral exploitation.
The International Criminal Court, despite limitations, remains a vital avenue for seeking justice for egregious violations, reinforcing the role of international institutions in maintaining accountability and promoting a rules-based international order. While the ICC Prosecutor’s dismissal in 2019 of a complaint from Filipinos against Chinese President Xi Jinping for environmental crimes against humanity may limit its immediate impact, the ICC remains a crucial institution for addressing violations of human rights and environmental protection on a global scale. Its existence reinforces the principle that individuals, regardless of their position, can be held accountable for actions that cause harm to people and the environment.
Learn how international law is transformed or incorporated into Philippine domestic law, as an exercise (instead of diminution) of our people’s full sovereignty or power, here.
8. What are the available judicial and non-judicial remedies when human rights related to the environment are violated by state or non-state actors in WPS?
Judicial Remedies:
- Philippine Courts: Legal action can be pursued in Philippine courts to seek redress for human rights violations related to the environment. Get recommendations on case or counsel from University of the Philippines Institute of Human Rights (UP IHR), Legal Rights and Natural Resources Center (LRC), or Palawan NGO Network Inc. (PNNI).
- International Courts: In certain cases, individuals may explore international legal avenues in the International Court of Justice (ICJ) or International Criminal Court (ICC) to address violations, although this can be complex and may involve experts in international law.
Non-Judicial Remedies:
- Commission on Human Rights of the Philippines (CHR): While non-judicial, the CHR can investigate complaints, recommend actions, and raise awareness about human rights and environmental issues. Contact details: publicassistance@chr.gov.ph and mobile numbers +63-936–068–0982 and +63-920–506–1194.
- International Human Rights Bodies: Individuals can engage with international human rights bodies, such as the United Nations Human Rights Council (UNHRC) and Office of the High Commissioner for Human Rights (OHCHR), to raise awareness and seek support for their cause.
- Permanent Court of Arbitration (PCA): The PCA is a forum for the arbitration of various disputes, including those involving environmental issues.
- International Tribunal for the Law of the Sea (ITLOS): ITLOS specializes in maritime disputes, including those related to the exploitation of marine resources and the protection of the marine environment. While environmental issues in the maritime context may be addressed, ITLOS is primarily focused on the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS).
- Philippine Coast Guard (PCG)’s Command Center Hotline at (+63) 8527–3877 and official website’s email form here.
