Understanding Human Rights from a Liberal Perspective

(August 3 - 17 2008)
by Atty. Raymond Quiocho Salas, J.D.

Atty. Raymond Quiocho Salas, J.D.

Truth be told, I am excited of the seminar considering that this is about learning human rights from a liberal perspective. But what is liberalism, in the first place? FNS Manila gladly provided a primer on liberalism to give me a basic overview and framework of liberalism and the different dimensions of liberalism. It was actually a welcome material considering that it allowed me to look into my own beliefs and understanding as a human rights advocate.

As the primer explains, liberalism is an ideology committed to the individual and a society in which individuals can pursue and realize their interests. These are exactly the principles of what I believe in, and by working with an NGO that pushes for the empowerment of people, I think that we are also espousing liberalism. And when it was explained that the core liberal values are individualism, rationalism, freedom, responsibility, justice and tolerance, these are the same values that I believe. During one of the sessions, I did admit to being a liberal considering that I agree on these principles. And while not a card-bearing member of any self-proclaimed liberal organizations, I would still pursue and advocate for a liberal democracy particularly on an empowered civil society, rule of law, free elections, and a society where civil liberties and individual freedoms are guaranteed by law.

Some participants though have reservations about liberalism considering that these are perceived to be merely academic ramifications and does not reflect practical realities. Others expressed their disagreement on the ideology considering that their people now would have to focus on rebuilding their nations coming from their apartheid experience, as an African representative cited. Confusion even set in when liberalism was expressed not as an ideology, but a way of life, something like a lifestyle. Clearly, more discussion is needed, or at the very least, an academic discussion on liberalism and its core values before having session groups discuss what liberalism means to each one of us.

Exploring the Cities of Germany

Most welcome though is the excursions to the cities of Cologne, Weimar and Dresden. Cologne is a wonderful city marked with modernity as well as cultural heritage, with the Koln Dom hovering over its landscape and reminding us of our own individual freedoms limited by one’s responsibilities.

Weimar is a cultural city that boasts of greats artists and personalities that lived in its area, but at the same time, reminding us that despite one’s prosperity, people should also take care of its neighboring communities, like the Buchenwald concentration camp. The images of the former camp with the visit to the mortuary and the exhibit displayed at the former warehouse is an article in itself. The crimes performed there is a startling contrast to the goodness made in Weimar. That people can both do bad and good things is a reality, and good people who do nothing let bad people succeed. Such lesson is one thing I will bring home and teach communities back home.

Dresden is similarly astonishing with several landmarks and other points of interest. And it is actually astounding as well to learn that despite its having been part of West Germany, it has accepted the new facets of democracy and continue to strive to push for more reforms. The archives of the documents taken to pry into peoples’ lives serve as a living memorial to the methods to infringe our rights. Reorganizing the military academy and police force is even a lesson to emulate considering that human rights are part of the training and people entering them do not lose their rights as civilian. Truly remarkable, but to our third world mind, they can because they have resources.

Getting Real with Issues

Refreshed from the excursions, the final sessions discussed pressing and real human rights concerns to veer away from the academic presentations and discussions during the first week. Topics include issues on discrimination against women reflected in being victims of domestic violence, property rights abuses, and reproductive autonomy. These issues flared the passions from each participant as the one closest to them are the ones they argued the strongest. With the hot seat format of having a pro-life and pro-choice, participants would have to weigh the arguments. In the end, I would agree with the notion of respecting life as I would want to have children for myself and my wife, but would not take away someone’s choice for her own body.

The documentary film on Rwanda is eerie and shocking. It kept us mute for a while and the sessions have to be suspended because of the shocking effect it has on us. While the visit to the concentration camp would venture your imagination on the horrors of the violence there, the film captured actual scenes. Scenes that still continue to happen in our midst as we see innocent people being haplessly killed for their own ideologies. The film then became an appropriate introduction to humanitarian intervention,

Other important issues that constantly arise in our respective countries were discussed such as death penalty and terrorism, the US general elections, negotiations and human rights education, but we were always reminded of thinking about human rights from a liberal perspective. The facilitators conveniently pose questions before us, and while other participants would volunteer an answer, more questions would still be thrown at us. This kept me thinking and would constantly jot down statements with the question mark at the end. Would it be possible to answer them in our lifetime? Probably not.

Coming Back to Reality

More than a week since I arrived in Mindanao from a more than two-week training in Gummersbach, Germany at the International Academy for Leadership (IAF) on Human and Civil Rights, I am still lost for words on what to describe my experience there. Yes, I learned about liberalism from the human rights perspective, but there are still questions that linger on my mind on who determines what when these rights are limited. Yes, I was touched by the images of the Buchenwald concentration camp and the depravity of humanity represented in that place, yet can’t get over the friendships made among the participants. Yes, I appreciated the liberal education the academy gave us but still confused whether these learnings can be applied immediately.

Apparently, upon coming back, I am faced with a more daunting task of a looming tragedy. A few rebel commanders of a separatist group which was about to sign a Memorandum of Agreement (MOA) on Ancestral Domain (AD) with the government of the Republic of the Philippines (GRP), was attacking communitiers in some provinces, causing death toll to civilians. This was due to a temporary restraining order issued by the Supreme Court, thereby preventing the GRP to have the MOA-AD sign and thus resulting to some discontent among the rebels.

I am saddened with this development considering that our office has been working as a member of civil society coalition monitoring the peace negotiation process and pushing for an advocacy that an immediate resolution to this conflict be put in place. With peace in Mindanao comes the development in most areas in the island still plagued with poverty. With the escalation of violence, the general population is the innocent third party who gets the brunt of it all, with their displacement from their lands, eternally living in makeshift homes, having to feed from some charity, with their children not going to school but become educated on the realities of war.

These are the realities of the poor and marginalized peoples of my country. While we are discussing fundamental rights to life and human dignity, their most basic concerns are their basic needs: food, housing, education. While we may continue to educate them on their basic rights and to fight for these, they cannot be blamed for prioritizing their daily meals, raising their standard of living, and be educated. These are basic rights as well but the main freedoms of life and liberty, dignity and opportunity for all should not be remiss. Empowerment of peoples towards their own assertion of these rights is merely an initial step but should struggle also for the rule of law.

I am reminded again of a forum I attended organized by the Supreme Court about increasing access to justice by the poor and marginalized. In the end, even the government would have to address questions on rule of law, and consider addressing the problems in Mindanao as anchored in the absence of it such that opportunities for people are not anymore available. What can be a more liberal approach to this problem is to strengthen civil society participation in governance, focus on limiting the concerns of the central government over matters that are local in nature, and ensuring that basic freedoms are recognized and respected.

As a final note, I will continue to learn about liberalism. What I took home with me from Germany are a lot more questions which I guess I have to discover. While I would still consider myself liberal, recognizing the core values it supports, I still have the baggage of unanswered propositions left hanging. I take it with me as I continue the journey of an alternative lawyer seeking educating marginalized sectors of their rights and pushing for rule of law reforms by people having greater access to justice. Besides, our quest for human rights for all and individual freedoms never ends.