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Human Rights-Based Policing in PNP

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0% found this document useful (0 votes)
78 views3 pages

Human Rights-Based Policing in PNP

Uploaded by

Neo Vizcarra
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Module 3: Human Rights-Based Policing.

 Human Rights Education - CLJ2

Why must the PNP promote and protect human rights?


 The PNP must promote and protect human rights because this task lies at the very core of
maintaining peace and order, ensuring public safety, and upholding the rule of law in the
country. It can be said that Human Rights Protection is the First Business of Policing.

U.N. Code of Conduct for Law Enforcement Officials:


1. Always perform duties under the law

2. Respect and safeguard human rights

3. Use force only when strictly necessary

4. Respect confidentiality

5. Never inflict any act of torture or ill-treatment

6. Safeguard the health of all those in custody

7. Never commit any act of corruption

8. Respect the law and this Code

PNP Doctrine, Policies, and Issuances on Human Rights


Human rights are emphasized in the following PNP doctrine, code of conduct, and policies:
 The PNP Ethical Doctrine - states that “all members of the Philippine National Police… shall
serve with utmost responsibility, integrity, morality, loyalty, and efficiency with due respect to
human rights and dignity as hallmarks of a democratic society” (PNP Ethical Doctrine
Manual, Chapter I, Section 2, DHRDD 1995 Edition).

 The PNP Code of Professional Conduct and Ethical Standards - expressly cites respect for
human rights as a high standard that must be maintained during the performance of police
duties (Chapter III, para 2.9)

 Letter of Instructions 55/07 (LOI Pamana) - states that “members of the Philippine National
Police shall embrace the highest principles of the Universal Declaration of Human Rights. It
also emphasizes that respect for human rights and dignity shall apply to everyone including
all members of the police service, regardless of education, gender, religion, political beliefs
and all other types of status.
 PNP Core Values - seek to instill in all PNP personnel a godly (Makadiyos) and humane
(Makatao) thoughts and behavior in both their official and private life. Being godly and
humane entails having a genuine understanding and respect for human rights.

 Human Rights-Based Policing (HRBP) - is the comprehensive, systematic, and institutional


compliance with international human rights standards and practices in the conduct of police
or law enforcement functions. It is also an approach to policing that defines the relationship
between individual citizens and various groups or sectors of society as claim holders whose
rights have to be respected and protected by the police; and the Police as duty holders that
have obligations to respect, protect and fulfill human rights. HRBP also aims to empower
claimholders to claim their rights, while strengthening the capacities of duty-holders to meet
their duties and obligations as human rights protectors.

Characteristics of Human Rights-Based Policing


1. Strict Observance of Police Policies and Procedures - Human Rights-Based Policing entails
strict observance of police policies and operational procedures. Most, if not all violations of
human rights occur when police officers do not follow established policies and procedures.
Shortcuts, omissions, or blatant disregard for procedures are unacceptable behavior that
violate our national laws, PNP rules and regulations, and generally accepted socio-cultural
norms. When police officers follow and apply proper procedures, they uphold human rights
while doing all that is possible to ensure that the subsequent case to be filed in court against
a suspect would prosper, in the higher interest of justice.

2. Adherence to International Human Rights Standards for Law Enforcement - Human Rights-
Based Policing is about adhering to international standards of human rights in law
enforcement. There are at least ten (10) basic international human rights standards for law
enforcement that all police organizations around the world must strive to attain. By adhering
to international standards, the PNP is able to comply with a uniform set of principles and
practices that is expected from all police officers by the international community. Of course,
there are differences between Philippine laws and those of other states. The crime situation
in the country is also peculiar and some international standards may not be immediately
attainable in the Philippines. However, knowledge and recognition of international standards
paves the way for setting benchmarks for the gradual improvement of the organizational
philosophy, doctrines, physical infrastructure, systems, training and education, operational
procedures, values, and practices in the PNP.
3. Professional Competence and Courteous Service - Human Rights-Based Policing is
demonstrated through professional competence and courtesy. In order to prevent human
rights violations, the police must only use calibrated force to subdue suspects. This can only
be taught through realistic simulation of incidents involving both armed and unarmed
suspects; as well as compliant and resisting persons. They must understand that force is
only used when normal persuasion fails and when it is absolutely necessary to overcome a
threat to public safety. Upholding human rights is very similar to the Golden Rule which says
that we must treat others in the way we want others to treat us. When we render respect and
courtesy to citizens, there is a greater tendency for them to return that respect and courtesy.

4. Respect for Rule of Law and Civilian Supremacy - Human Rights-Based Policing is anchored
on the rule of law and recognition of civilian supremacy. From the term law enforcement, it is
understood that there can be no enforcement apart from the law. Any act of enforcement
(that is, the use of police powers or any manner of application of force) apart from the law
may be considered criminal, or at the very least, an abuse of authority. Respect for rule of
law and civilian supremacy is best exemplified when the police practices accountability for all
its actions or, as the case may be, inaction on matters related to the protection of people’s
legal rights.

5. Pro-Democracy and Pro-Citizen - Human Rights-Based Policing is democratic and citizen


centered. Democratic values are best demonstrated by the police when it seeks greater
participation by the community in maintaining peace and order. The police organization must
always remain responsive and relevant to the needs of the community --- which is actually
the PNP’s main clientele. Through dialogues and consultations with stakeholders, the police
are able to learn about the issues and concerns that must be addressed at the community
level. In most, if not all situations, full cooperation between the police and the community is
required in order to solve peace and order problems.

 Reinna Mae Osorio – Instructor

Common questions

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Respecting the rule of law and civilian supremacy is crucial in Human Rights-Based Policing as it ensures any enforcement action is lawful and not arbitrary or abusive . This respect is demonstrated when police maintain accountability for their actions or inactions relating to the protection of legal rights . It solidifies trust in the police by reinforcing that their authority is exercised within legal bounds, thereby preventing abuses and reinforcing democratic values .

Failing to adhere to police policies and procedures can result in violations of human rights, as such violations typically occur when procedures are disregarded or shortcuts are taken . These actions can lead to unlawful arrests, mistreatment of suspects, and potentially illegal use of force, undermining public trust and potentially resulting in legal consequences for the officers involved . Neglecting proper procedures also raises the risk of criminal charges against officers or the police force .

The core values of the PNP, which emphasize being godly (Makadiyos) and humane (Makatao), play a significant role in promoting human rights by instilling an understanding and respect for human dignity . These values guide the actions of police personnel to ensure they conduct themselves responsibly and ethically, both in professional and personal capacities . Upholding these values ensures that human rights considerations are integral to police decision-making processes and interactions with the public .

Professional competence and courteous service in Human Rights-Based Policing help prevent human rights violations by ensuring that police officers use only calibrated force when necessary . This competence is developed through realistic training scenarios, emphasizing minimal force use and respectful interactions, which aligns with the Golden Rule of treating others as one wishes to be treated . Such practices increase mutual respect between the police and citizens, thereby fostering a positive relationship .

The Philippine National Police (PNP) is obligated to promote and protect human rights because it is essential for maintaining peace and order, ensuring public safety, and upholding the rule of law in the country . Human Rights Protection is considered the First Business of Policing . Additionally, the PNP's ethical framework, including doctrines and codes of conduct, emphasizes human rights as crucial standards to maintain .

Human Rights-Based Policing empowers individuals and communities by recognizing them as claim holders of rights that the police are obligated to respect and protect . This policing approach encourages the communities and individuals to assert their rights, while also enhancing the police's capability to meet their duties as protectors of these rights . This relationship fosters mutual respect and empowers communities to be active participants in policing efforts .

Democratic values are integrated into Human Rights-Based Policing by emphasizing community involvement and responsiveness to public needs . The PNP seeks to engage communities as partners in maintaining peace and order, highlighting transparency, accountability, and cooperation . Dialogues and consultations with stakeholders help address community-level issues and reinforce the democratic ideal of a participatory government, ensuring the police remain relevant and responsive to public concerns .

A pro-democracy and pro-citizen approach is applied by the PNP through initiatives that strengthen community engagement and collaboration in policing efforts . By fostering dialogues and consultations with community stakeholders, the PNP ensures they understand and address the specific needs and concerns of citizens . This approach encourages shared responsibility in maintaining peace and order, as communities become allies and active participants in designing and implementing safety strategies alongside the police . The PNP’s focus on responsiveness to community issues also reflects an adaptable and inclusive approach essential in democratic societies .

Adherence to international human rights standards benefits the PNP by ensuring compliance with a uniform set of principles expected from police officers globally. It facilitates setting benchmarks for organizational improvement in philosophy, doctrines, systems, and practices . While some standards may not yet be fully attainable due to local circumstances, aligning with these standards fosters gradual development towards more competent and respected law enforcement .

Human Rights-Based Policing influences the training and education of police officers by integrating human rights standards into training modules and simulations . This involves preparing officers to handle situations with appropriate levels of force, emphasizing the principle of using force only when necessary, and ensuring legal compliance in enforcement actions . Training under this concept aims to build competence and sensitivity towards human rights, thereby enhancing the overall effectiveness and public perception of police operations .

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