Rohingya Crisis

What is Ethnic Cleansing

Answer: a purposeful policy designed by one ethnic or religious group to remove by violent and
terror-inspiring means the civilian population of another ethnic or religious group from certain
geographic areas

2) What is Genocide
Answer: any of the following acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group

3) The country which received the biggest influx of Rohingya Refugee is

Answer: Bangladesh

4. ARSA is a militant group allegedly aimed to liberate and protect the welfare of the Rohingya
People. What does ARSA stands for?
Answer: Arakan Rohingya Salvation Army

5. List at least 5 Human Rights Abuses Rohingya People experienced

Answer: Denial of Citizenship, Restriction of movement, Arbitrary Confiscation of property,
Forced Labor, Denial of access to higher education, State sponsored violence

1.What may happen to the Philippines if they will not obey the transfer treaty that they signed for
the transfer of Paco Larrañaga to Spain?
Answer: The Philippines might be branded a rogue state if it did not comply with the provisions
of the treaty. Rouge state is a term applied by some international theorists to states they
consider threatening to the world's peace. To be classified as a rogue state, a state had to do
the following: seek to obtain weapons of mass destruction, support terrorism, and severely
abuse its own citizens.

2. What were the alleged rights violated by the Philippines to Paco Larranaga and his co-
accused?
Answer: The rights violated were (a) right to be assisted by counsel at every stage of the
proceedings; (b) right to confront and cross examine the prosecution witnesses; ( c) right to
produce evidence on their behalf; and (d) right to an impartial trial.

3. What is the basis of Paco Larrañaga’s transfer to Spain?

Answer: The Philippines signed with Spain Treaty No.112 (Convention on the Transfer of
Sentenced Persons) on November 2007. The Convention is primarily intended to facilitate the
social rehabilitation of prisoners by giving foreigners convicted of a criminal offense the
possibility of serving their sentences in their own countries. It is also rooted in humanitarian
considerations, since difficulties in communication by reason of language barriers and the
absence of contact with relatives may have detrimental effects on a person imprisoned in a
foreign country

4. The Human Rights Committee is of view that the Philippines committed several violations of
the ICCPR. The Philippines is under obligation for the commutation of Paco Larrañaga’ death
penalty sentence, consideration for early release parole, and to take measures for the
prevention of similar violations in the future. What did the Philippines complied?
Answer: The Philippines complied with the first two obligations. On June 24, 2006, President
Gloria Macapagal Arroyo signs Republic Act No. 9346, which abolished the use of capital
punishment. And in March 2007, a court order recognized that Paco Larrañaga was not
precluded by the decree abolishing the death penalty to consideration for parole. However, on
the third obligation, there were no proofs that the Philippines took measures in preventing
similar violations of the ICCPR.

5. What was the argument of the Philippines on their alleged violations of Paco’s rights as well
as his co-accused?
Answer: The Philippines argued that the decision of the Philippine Supreme Court in People vs.
Larranaga clearly shows that Mr. Larranaga was accorded a fair trial and his rights as an
accused were duly safeguarded. On the contrary it was the accused who contributed to the
delay in the proceedings and made a mockery of the judicial process, which were cited in the
decision.

1. Does the conviction of Adonis for defamation under the Revised Penal Code
constitutes an unlawful restriction of his right to freedom of expression under Article 19
of the Covenant?
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special
duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only
be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or
morals.
The Committee considers that, in this case the sanction of imprisonment imposed on Adonis
was incompatible with Article 19, paragraph 3, of the Covenant.

2. Does his right to legal aid recognized by Article 14, paragraph 3(d), of the Covenant
has been violated?
Article 14
3. In the determination of any criminal charge against him, everyone shall be entitled to the
following minimum guarantees, in full equality:
(d) To be tried in his presence, and to defend himself in person or through legal assistance of
his own choosing; to be informed, if he does not have legal assistance, of this right; and to have
legal assistance assigned to him, in any case where the interests of justice so require, and
without payment by him in any such case if he does not have sufficient means to pay for it;
His right to legal aid has been violated because he was not notified of his counsel's withdrawal
of service, and as a result, he had no counsel to represent him before the Regional Court.

3. Does his right to be tried in his presence, recognized in Article 14, paragraph 3(d), of
the Covenant has been violated, given that he was convicted in absentia?
Adonis claims that, as he was not informed of the resumption of proceedings against him and
was convicted in absentia, his right under Article 14, paragraph 3, to be tried in his presence
was not respected. The Committee recalls its jurisprudence that proceedings in the absence of
the accused may in some circumstances be permissible in the interest of proper administration
of justice.

4. Whether or not the Adonis case is admissible under the Optional Protocol to the
Covenant?
The Human Rights Committee has considered the present communication in the light of all the
information received to be in accordance with Article 5, paragraph 1, of the Optional Protocol.
1. The Committee shall consider communications received under the present Protocol in the
light of all written information made available to it by the individual and by the State Party
concerned.
By letter dated May 17, 2010, Adonis notes that he has complied with the requirements of
exhaustion of available remedies, which has not been disputed by the State.

5. What are the considerations of the Human Rights Committee on the merits of this
case?
The Human Rights Committee, acting under Article 5, paragraph 4, of the OP-ICCPR is of view
that the facts before them disclose a violation by the Philippines of Article 14, paragraph 3, and
19 of the Covenant, and the Committee considers that the State party is under an obligation to
provide the author with an effective remedy, including adequate compensation for the time
served in prison.

1. Distinguish internal armed conflict and international armed conflict.

Internal armed conflicts are armed conflicts in which one or more non-State armed groups are
involved. Hostilities may occur between governmental armed forces and non-State armed
groups or between such groups only.
An international armed conflict occurs when one or more States have recourse to armed force
against another State, regardless of the reasons or the intensity of this confrontation. No formal
declaration of war or recognition of the situation is required.

2. When is an internal armed conflict converted to international armed conflict?

By resorting to Overall control test, If another State intervenes in that conflict through its troops,
or alternatively if some of the participants in the internal armed conflict act on behalf of that
other State, and the foreign stat goes beyond mere financing and equipping of nonstate armed
forces and involing also participation in the planning and supervision of military operations
however it is not required that the control be exercised on each military operation

3. Distinguish Effective Control Test from Overall Control Test

Effective Control Test
suitable for the purpose of establishing the international responsibility of a state, and in
particular for the purpose of attributing private conducts to states
Overall Control Test
-suitable for the purpose of qualifying an armed conflict and in particular, for the purpose of
determining if a non-international armed conflict has been internationalized by the intervention
of a foreign state

4. When are individuals acting as de facto State officials and State responsibility arises?
When private individuals are not only be paid or financed by a State, and their action be
coordinated or supervised by this State, but also that the State should issue specific instructions
concerning the commission of the unlawful acts in question.
5.Distinguish State responsibility and Individual criminal responsibility.
State responsibility - State may be held responsible for serious violations of international
humanitarian law by private individuals because those individuals acted as de facto State
officials.
Individual criminal responsibility - a private individual may be held criminally responsible for
serious violations of international humanitarian law.

1. Is the International Convention on Economic, Social and Cultural Rights legally

binding?
Answer: Yes. States become parties to an international treaty through ratification or accession.
When a country becomes a State party to the ICESCR, it voluntarily accepts a range of legally
binding obligations to promote the realization of economic, social and cultural rights at the
national level.

2. What does International Covenant on Economic, Social and Cultural Rights do?
Answer: ICESCR rights are crucial to enable people to live with dignity. This treaty covers
important areas of public policy, such as the right to:
• work
• fair and just conditions of work
• social security
• an adequate standard of living, including adequate food, clothing, and housing
• health
• education

3. What are examples of violations of economic, social and cultural rights?

Answer: A violation of economic, social and cultural rights occurs when a State fails in its
obligations to ensure that they are enjoyed without discrimination or in its obligation to respect,
protect and fulfill them. Often a violation of one of the rights is linked to a violation of other
rights.

4. What is meant by economic, social, and cultural rights?

Answer: These are the freedoms, privileges, and entitlements that individuals and communities
require to live a life of dignity. These include the right to food, housing, health, education,
cultural dignity and more.
5. Do victims of the abuses of these rights raise the issue directly to the international level?
Answer: No. These abuses shall be resolved first at the domestic level and if these are not
resolved domestically the complaint be brought to the international level to be resolved.

1. What is happening in Hong Kong?

- Protests started in Hong Kong since June 2019 that was sparked by a highly controversial
legislation. The Hong Kong government proposed an amendment to the Fugitive Offenders
Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance that would establish a
mechanism for case-by-case transfers of fugitives, on the order of the Chief Executive, to any
jurisdiction with which the city lacks a formal extradition treaty
- If passed, the bill would give local authorities the right to detain and extradite people who are
wanted in countries or territories Hong Kong does not have agreements with - which includes
mainland China
2. What is happening at the airport?
- The protesters have brought their message to the Hong Kong International Airport in the hope
of garnering support from international arrivals. The protests at the airport started peacefully but
have descended into a series of violent confrontations over the last few days as protesters
scuffled with police and passengers desperate to get on flights. The rallies paralysed one of the
world's busiest travel hubs, forcing the airport to suspend check-ins, creating long delays for
passengers and cancellation of hundreds of flights over the past two days.
- Carrie Lam, the Chief Executive, on August 13, 2019 said the city was in danger of "sliding into
an abyss" and warned that it could be "smashed to pieces". On the following day, the city's
airport authority said it had obtained a court injunction to prevent unlawful demonstrations there.

3. What is the history?

- It all began in the late 1800s when China lost a series of wars to Britain which ended up ceding
Hong Kong for a period of 99 years. Hong Kong remained a British colony until 1997 when
Britain gave it back to China through a special agreement. Hong Kong belongs to China, but it
has its own currency, political system and cultural identity. That difference goes back
generations; the city was a colony and territory of the United Kingdom for more than 150 years,
until the British handed it back over to China in 1997. Today, Hong Kong's legal system still
mirrors the British model, prizing transparency and due process.

4. What does “one country, two systems” means?

- Hong Kong remained a British colony until 1997 when Britain gave it back to China through a
special agreement. It made Hong Kong a part of China but it also said under this policy that
Hong Kong will retain a high degree of autonomy as well as democratic freedoms such as
freedom to vote, freedom of speech, of the press, of assembly and that made HK very different
from China which is authoritarian

5. What are the demands of the protesters?

These include the following:
a. Complete withdrawal of the extradition bill from the legislative process
b. Retraction of the "riot" characterization
c. Release of arrested protesters
d. Establishment of an independent commission of inquiry into police conduct and use of force
during the protests
e. Resignation of Carrie Lam and the implementation of universal suffrage for Legislative
Council and Chief Executive elections

how does the CRC define a child? - The Convention defines a child as any human being
under the age of eighteen, unless the age of majority is attained earlier under national
legislation

Can you invoke the CRC as a citizen of the Philippines? – No. As the convention is an
agreement between state parties, individual citizens do not have any responsibility to uphold it,
unless they work for or in behalf of the government.

What are the Philippines’ obligations as a signatory to the Convention?

to undertake “…all appropriate measures to ensure that the child is protected against all forms
of discrimination or punishment on the basis of the status, activities, expressed opinions, or
beliefs of the child's parents, legal guardians, or family members”.
to “…undertake all appropriate legislative, administrative, and other measures for the
implementation of the rights recognized in the Convention.
to undertake such measures to the maximum extent of the available resources

What is the Right to Non-discrimination as provided by Article 2 of the CRC? - States

Parties shall respect and ensure the rights set forth in the present Convention to each child
within their jurisdiction without discrimination of any kind, irrespective of the child's (including his
parents and legal guardians) race, color, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status.

What is the most widely-supported Human Rights Treaty the United Nations has
produced? - The UN Convention on the Rights of the Child. It was recognized by nearly every
UN member state in 1989 and is now the world’s most ratified human rights treaty. Currently,
196 countries are party to it, including every member of the United Nations except the United
States who has not ratified it.

1.) What is the purpose of ICCPR? It recognizes the inherent dignity of each individual and
undertakes to promote conditions within states to allow the enjoyment of civil and political rights.
2.) Is ICCPR embodied in the Philippine Laws, specifically the Bill of Rights? Yes, the
ICCPR adheres to the right to life,liberty, the right to speedy trial, right to freedom of thought,
conscience and religion, the right to freedom of association with others and the equal protection
of the laws.
3.) Is ICCPR a legally binding treaty? Yes, it is a legally binding TREATY. This means that
states which ratify the treaty are legally bound by it, while states that do not are neither bound
by the treaty obligations or entitled to invoke those obligations against other state parties.
4.) What is the connection of ICCPR to the UDHR? The ICCPR is s one of the two treaties
that give LEGAL FORCE to the Universal Declaration of Human Rights.
5.) What is the Second Optional Protocol? This abolishes death penalty. However, countries
were permitted to make a reservation allowing for use of death penalty for the most serious
crimes of a military nature, committed during wartime.

1. Can this apply to virtual assistants, or those whose jobs are outsourced by foreign
companies?
a. This convention does not apply to these types of workers. The definition of a migrant worker
is provided in Article 2 of this convention which states that "'migrant workers' refer to persons
who is to be engaged, is engaged or been engaged in a remunerated activity in a State of which
he or she is not a national." This entails that the remunerated activity, or the work itself, takes
place in another State; while a virtual assistant is based here in the Philippines, it takes place
here, the State the worker is a national of.
2. Is there discrimination when it comes to POGO where the Chinese workers are all
contained in one place?
a. There is no discrimination when it comes to the self-contained hubs of the POGO.
b. The Chinese workers are all gathered in one building as their place of work. Although at face
value it gives the impression that they are deprived of their right to travel beyond the hours of
work, it is reported that they are still entitled with the rights and benefits provided by the
convention as Migrant Workers. It is the place where they conduct their work that is separated
from the rest, but they are still allowed to go outside. Additionally, their place of residence is also
located near their workplace. The operators of these POGO’s are also the same people
providing their residence. This is still in keeping with the Convention, specifically with regard to
their right to access to housing provided in Article 43.
3. Can an undocumented migrant worker complain regarding abuses that she had
experienced in another country?
a. Ideally, an undocumented worker can still complain regarding abuses that she experienced in
another country. Undocumented and/or irregular migrant workers are still entitled to the same
rights that regular migrant workers are entitled to despite their status. This is under the principle
of non-discrimination vis-a-vis their status. They are also still entitled to their human right
against abuse and rights before the courts and tribunals, even in the State of employment
(Article 18).
b. Even though in some countries being irregular or undocumented is considered as a criminal
offense, the Special Rapporteur for the CMW is of the opinion that it is not a criminal offense,
per se, to persons, property or national security. It is merely an administrative offense, and it
should be treated as such. Additionally, State parties are mandated to cooperate with other
State parties in the safe return of these types of workers from the State of employment to their
State of origin.
c. In reality, however, these types of workers fear complaining to the authorities either because
of fear of being caught with their undocumented/irregular status or the lack of information as to
how or where to lodge a complaint. Another reason might be because they are prevented by
their employers from leaving the premises of their workspace or are deprived of their property,
especially communication devices.
4. Is the non-discrimination provision fair? [opinion]
a. The non-discrimination provision (Article 7) is fair. It basically tells the State party not to treat
migrant workers differently regardless of their characteristics as listed in the provision.
b. The issue on the rights of migrant workers vis-a-vis the right of nationals is answered by
Article 70 which speaks of giving the migrant workers rights not less than the rights exercised by
the nationals. This is where the Committee on the CMW and the practice of the Philippines
conflict because we treat the migrant workers within the Philippines based on the principle of
"reciprocity", but the Committee says that this is in contravention to the Convention.
c. We think that conferring rights to migrant workers here in the Philippines on the basis of the
principle of reciprocity is a reasonable practice because it gives the other State (of employment)
a motivation to treat Filipino migrant workers equally with their nationals, so that their migrant
workers in the Philippines are going to be treated equally as the Filipino nationals. It would be
unfair to treat migrant workers in the Philippines equally as our nationals, but Filipino migrant
workers are not treated equally in other States.
5. To whom or to what entity is the Convention directed against?
a. It is mainly directed towards the State Parties, especially in setting up the obligations of these
States to respect, protect, and fulfill the rights of these migrant workers as laid out in the
Convention.
b. Once a migrant worker alleges that her contract has been violated by her employer, that
migrant worker has the right to lodge a complaint to the competent authorities in his/her State of
employment against her employer (Article 54). Complaints may also be filed against illegal
recruiters (Article 68).
Just to put things in perspective, there have been no cases involving a State party itself being a
respondent involving the rights laid down by this Convention. This is probably because not
enough States have recognized the competence of the Committee to receive Individual
Complaints and Inter-State Complaints; also, most of the countries notorious for human rights
abuses against migrant workers are either not signatories to or have not ratified the Convention.
The case mentioned in the powerpoint presentation was directed against the employer, and it
was the employer that was made to pay damages to the migrant worker.