This is a continuation of our discussion on the blessings of democracy which as Filipinos we continue to be deprived of, due to the inability of our government to build a just and humane society as envisioned in the Preamble of the 1987 Philippine Constitution.
The second indicator we are looking for is whether our government has already "established a government that shall embody our ideals and aspirations". Again, we see the continuing failure of our government on this, especially if we analyze the present situations, conditions and circumstances of the various pillars of the criminal justice system.
We already discussed in the preceding post under Number 2 indicator, the Law Enforcement. Let us tackle the other pillars of the criminal justice system, to wit:
PROSECUTION:
Crimes would always be present in every nation and society. There is no nation which is totally crime free. That is why criminal laws are set in place. Many strategic nations are able to do both effective crime prevention and crime solution. In the Philippines, both effective crime prevention and crime solution are missing.
Many developed countries have very good programs that make sure that its citizens are not living in poverty Most if not all of their citizens are gainfully employed or with decent livelihood programs. Their programs and policies on the delivery of basic social services are effective and efficient. Discrimination is almost non existent. The economic growth is inclusive. In those countries crime rate is very low and almost nil.
Governments are able to control crime incidents because most of their citizens are happy, and contented. Citizens of well developed communities become peace loving. They are also vigilant and so empowered that crime syndicates would be unable to thrive in their localities and countries.
Countries with high regard and respect for human rights, gender equality and the rule of law are oftentimes very peaceful especially because their criminal justice system is effective and efficient. Citizens in those countries become seriously concerned over news about even a single crime being committed in their areas. When crimes occur citizens expect that those responsible are charged and convicted and held responsible to pay for the felonies they have committed.
Sadly, in the Philippines many, including the President, appear not to give much value, importance and the needed serious concern over hundreds of crimes committed each day. A clear example of this is the laglag bala controversy. It is ironic that both the DOTC Secretary and the President did not give importance to the reports as they cited statistics that there are only a few hundreds of such incidents that happened. They apparently downplay the incidents to protect high ranking officials who are close to them, from losing their posts at the International airport.
Many of our leaders would only like people to focus on economic growth which is not inclusive. This imbalance in the outlook of leaders contribute to the growing crime incidents in the country.
Government do not have much regard to those who are prone to commit crimes. Most of them are ripped off of their dignity and self worth as human beings. Oftentimes human beings desire for their dignity and worth to remain intact rather than for them to be broken and be called criminals.
Under the Philippine setting due to the inequitable distribution of wealth and the lack of opportunities for many to land decent jobs, they are constrained to do illegal acts. Many of them go hungry. Many are into drug abuse and are easily exploited to become drug pushers. Many of those who are exploited to push dangerous drugs are women and children who are very poor.
Despite the alarming situation of dangerous drugs practically in all communities in the entire country, our government both national and local have no concrete programs to eradicate this malady. Crime prevention in the barangay levels ought to have concrete and strong programs where ordinary citizens who are part of the Community as a pillar of the Criminal Justice System are able to participate.
Our citizens deserve peaceful communities free from all forms of crimes including the proliferation of dangerous drugs. It is part of our human rights. The government as the duty bearer owes us that.
It is in this regard that I find the need to go back to the discussion of the basics of what is vital for all the citizens such as to remind everyone about the importance of respecting and upholding human rights gender equality and the rule of law.
If all programs of government both local and national are designed using the human rights based approach, we will be able to realize what we aspire for under the 1987 Philippine Constitution.
In effect we are ensuring that we are able to attain all the blessings of democracy.
Some salient provisions of the Universal Declaration of Human Rights (UDHR) give us a glimpse on why some people commit crimes including rebellion. Let us review some provisions of the UHDR starting from its preamble:
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of humankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if human is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas, the people of the United Nations have in the Charter reaffirmed their faith in the fundamental human rights, in the dignity and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom.
Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood/sisterhood.
Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
There are so many pending criminal cases before the Public Prosecutors Offices all throughout the country. The continuing issue of the intertwining culture of corruption, patriarchy and impunity is pervasive in all the pillars of the justice system. It also hounds the office of Public Prosecutors.
Many public prosecutors are reported to be involved in selective justice due to political and fraternity ties. As a result, many who ought to be serving sentence in the penitentiary are out enjoying their lives while many who could be innocent of charges against them are detained for the past twelve years with their cases remaining unresolved.
It is only when workers in all the pillars of government, including the prosecution, will deeply embrace human rights gender equality and the rule of law, that justice will be truly served for all. That is a blessing of democracy.
We should all work to ensure that dignity and worth as well as rights of all Filipinos are protected.
As it is today, it appears that many people have become desensitized, feeling hopeless that transformation can still happen.
Crimes being committed right now for instance of such magnitude as the killing of Lumad leaders in Mindanao is not given appropriate attention. Unfortunately, not a single political leader is tackling this issue and is offering solutions. This should be a principal concern of law enforcers and the Public Prosecutors. They should not wait for politicians to push them to investigate and prosecute. They should take the initiative and do their jobs in accordance with law.
It is right to rejoice and celebrate the economic growth of our country. But we should check its impact on those who are prone to commit crimes. Yes we should be happy that many Filipinos are becoming globally recognized because of our God given talents but we should never lose sight that many more who could be as talented or even better, are not given such opportunity. Instead many of them become CICL or Children in Conflict with Law.
The blessings of democracy can be gauged and seen on how government officials are able to establish a government that shall embody our ideals and aspirations. As citizens of this country it is our right. Let us demand it. At the same time, let us be very discerning in choosing our political leaders who can lead the nation and who will make sure that we can have the blessings of democracy.
We will tackle the Courts in our next article on the blessings of democracy.
In the book of James Chapter 3 verses 4 to 10 of the New Testament of the Bible, it states:
When we put bits into the mouths of horses to make them obey us, we can turn the whole animal. Or take ships as example. Although they are so large and are driven by strong winds, they are steered by a very small rudder wherever the pilot wants to go. Likewise the tongue is a small part of the body ,but it makes great boasts. Consider what a great forest is set on fire by small spark. The tongue also is a fire, a world of evil among the parts of the body. It corrupts the whole person, sets the whole course of his life on fire, and is itself set on fire by hell.
All kinds of animals, birds, reptiles and creatures of the sea are being tamed and have been tamed by man, but no man can tame the tongue. It is restless evil, full of deadly poison.
With the tongue we praise our Lord and Father, and with it we curse people, who have been made in God's likeness. Out of the same mouth come praise and cursing. My brothers and sisters this should not be.
May we all have a very Merry Christmas and a Joyful and Peaceful New Year !!!
Dory Cruz Avisado
12-16-2015
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