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Showing posts with label human rights. Show all posts

Friday, February 09, 2018

$233 Million Helicopter Deal With Canada, Now Cancelled

Saturday, August 26, 2017

When To Refuse A Drug Test

Recent developments in the Philippine government's War on Drugs saw officers of one police district in Manila conducting a "House-to-house" drug testing. Apparently, they were doing the "voluntary" drug testing to a community to clear the are of drug users, and to help drug users enroll in a rehabilitation program. But a group of human rights lawyers as well as some members of the community are reacting with the police initiative. They say the move is against the constitutional rights of an individual against self-incrimination and right to privacy. Related News: Why Would The Police Kill A Grade 11 Son Of An OFW? Meanwhile, the police say that the community drug testing is being conducted in coordination with local community officials and that the house-to-house drug testing is an option for some individuals who prefer to undergo testing in the privacy of their home instead of a common area. "Advertisements" Which situations require a Drug Test without excuse? By law, Drug Testing is an integral part of ensuring the safety of the public. However, it should not violate an individual's rights as established by the Constitution. It is however mandatory in certain situations below: applicants for drivers’ licenses applicants for firearms licenses high school and college students officers and employees of public and private offices members of the police, military and other law enforcement agencies those charged with crimes related to drugs - possession, sale, manufacture or transportation of illegal drugs and all candidates for public office, whether appointed or elected Also, note that Republic Act 9165 or the Dangerous Drugs Acts also specifies that drug tests must be done by “government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results.” "Sponsored Links" When can an individual refuse a drug test? a high school student can actually refuse a drug test if he/she were picked as part of a sample group in the school's random drug test. His or her name however will be submitted to the Secretary of Education without prejudice or suspicion of drug use. outside a school setting, minors cannot be forced to undergo a drug test without a parent or guardian's consent suspects can refuse a drug test if they were apprehended for a minor crime (penalties are LESS than six years) - even if police profiles the suspect as a user a private citizen, even if he or she is suspected of drug use or into the illegal trade of drugs, can refuse a drug test unless he or she has been charged with drug related offense a private citizen, in his or her own residence, can also refuse a drug test being offered "voluntarily" if he or she feels being pressured by a higher authority an individual can refuse a drug test if it is conducted WITHOUT a DOH-accredited personnel Also Read: Drug Testing For College - High School Students To Undergo in September Effects of a Positive Drug Test Result All drug test results must remain confidential unless in cases involving violations of the Republic Act 9165 or the Dangerous Drugs Acts. Also, a positive test must be backed by a confirmatory test, a second drug test conducted in a lab using a machine - not a testing kit. For individuals testing positive for drugs, the result itself cannot be used to prosecute the person. Instead, he or she should be given options for treatment and rehabilitation. Drug use in the workplace of an employee constitutes serious misconduct, which is one of the just causes for termination of said employee. Policemen and government employees found to be drug users will be dismissed from the service upon positive confirmatory tests, whereas before, they were given a second chance with rehabilitation.

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House-to-house Drug Testing

Recent developments in the Philippine government's War on Drugs saw officers of one police district in Manila conducting a "House-to-house" drug testing. Apparently, they were doing the "voluntary" drug testing to a community to clear the are of drug users, and to help drug users enroll in a rehabilitation program.

But a group of human rights lawyers as well as some members of the community are reacting with the police initiative. They say the move is against the constitutional rights of an individual against self-incrimination and right to privacy.

Related News: Why Would The Police Kill A Grade 11 Son Of An OFW?

Meanwhile, the police say that the community drug testing is being conducted in coordination with local community officials and that the house-to-house drug testing is an option for some individuals who prefer to undergo testing in the privacy of their home instead of a common area.

"Advertisements"

Which situations require a Drug Test without excuse?

By law, Drug Testing is an integral part of ensuring the safety of the public. However, it should not violate an individual's rights as established by the Constitution. It is however mandatory in certain situations below:

applicants for drivers’ licenses
applicants for firearms licenses
high school and college students
officers and employees of public and private offices
members of the police, military and other law enforcement agencies
those charged with crimes related to drugs - possession, sale, manufacture or transportation of illegal drugs
and all candidates for public office, whether appointed or elected

Also, note that Republic Act 9165 or the Dangerous Drugs Acts also specifies that drug tests must be done by “government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results.”

"Sponsored Links"

When can an individual refuse a drug test?

a high school student can actually refuse a drug test if he/she were picked as part of a sample group in the school's random drug test. His or her name however will be submitted to the Secretary of Education without prejudice or suspicion of drug use.
outside a school setting, minors cannot be forced to undergo a drug test without a parent or guardian's consent
suspects can refuse a drug test if they were apprehended for a minor crime (penalties are LESS than six years) - even if police profiles the suspect as a user
a private citizen, even if he or she is suspected of drug use or into the illegal trade of drugs, can refuse a drug test unless he or she has been charged with drug related offense
a private citizen, in his or her own residence, can also refuse a drug test being offered "voluntarily" if he or she feels being pressured by a higher authority
an individual can refuse a drug test if it is conducted WITHOUT a DOH-accredited personnel

Also Read: Drug Testing For College - High School Students To Undergo in September

Effects of a Positive Drug Test Result

All drug test results must remain confidential unless in cases involving violations of the Republic Act 9165 or the Dangerous Drugs Acts. Also, a positive result must be backed by a confirmatory test, a second drug test conducted in a lab using a machine - not a testing kit.

For individuals testing positive for drugs, the result itself cannot be used to prosecute the person. Instead, he or she should be given options for treatment and rehabilitation.

Drug use in the workplace of an employee constitutes serious misconduct, which is one of the just causes for termination of said employee.

Policemen and government employees found to be drug users will be dismissed from the service upon positive confirmatory tests, whereas before, they were given a second chance with rehabilitation.

sources: PhilStar, ABS-CBN News

Drug Testing For College - High School Students To Undergo in September

The Commission on Higher Education (CHED) has allowed all higher education institutions (HEIs) to conduct Mandatory Drug Testing starting the incoming school year 2018-2019. CHED memorandum order No. 64 was signed by Chairperson Patricia Licuanan on August 2, giving support of the government's unrelenting war against illegal drugs. The memorandum contains the newly laid-out guidelines for the mandatory drug test. Just to be clear, the order states that "HEIs are not required to implement mandatory drug tests, but they are strongly encouraged by CHED to adopt it as part of their institutional requirements of their admission and retention policies." Meanwhile, the Department of Education also released a memo last August 8, detailing the guidelines for implementing Random Drug Testing in Public and Private Secondary Schools starting SY 2017-2018 onward. The guidelines are detailed below: Mandatory Drug Test For College Mandatory Drug Testing in Higher Educational Institutions is NOT REQUIRED by CHED but is strongly encouraged. Colleges and universities MAY INCLUDE mandatory drug testing as part of its requirements for admission and retention. Local Government Units, the PNP or any other law enforecement agency may carry out any drug-related operation within the school premises only upon prior written approval and coordination with the HEI. Drug testing should only done by accredited drug-testing facilities and staff. A school clinic may apply for accreditation. The actual drug testing shall be done randomly in compliance with the Dangerous Drugs Board Regulation No. 6, series of 2003 and No. 3 series of 2009. The personal privacy and dignity of students should be respected and guaranteed. The results shall be confidential and CANNOT BE USED in any criminal proceedings. All HEIs intending to implement mandatory drug testing of students shall conduct prior student consultation with the student council/government or with not more than ten selected students from recognized organizations in the absence of a student council. The consultation must be completed by end of February before the next Academic Year of implementation (For AY 2018-2019, end of consultation is Feb 2018) In case the test result is positive, the school's Drug Testing Coordinator shall inform both the parent and the student concerned that a confirmatory test shall be conducted. If the confirmatory test is still positive, the result shall not be a basis for disciplinary action. A student found to be drug dependent shall undergo sanction, intervention and or rehabilitation as may be provided in the Student Handbook and other school policies. Test results, positive and negative, should not be published and remain confidential. Intervention services should be non-discriminatory. The refusal of a student to undergo mandatory drug testing shall be subject to relevant sanctions as provided by the Student Handbook. This however, should not give rise to a presumption of drug use or dependency. All fees regarding mandatory drug testing shall be authorized based on CHED, DOH and DDB rules and regulations. The mandatory drug testing shall be part of the miscellaneous fees as discussed during consultation and approved by CHED. Testing expenses for random drug tests will be supported by the government. For student applicants, the fee for drug testing will be borne by the student-applicant. Random Drug Testing in High School Policy: Not all secondary schools but only sample schools will conduct actual drug testing. These will be both from public and private school. However, all schools are required to prepare with the assumption that they will be included in the sample schools. As part of preparation, schools have to inform all involved - including parents - as to the guidelines and procedures of the random drug test. This will be done via parent-teacher conference as well as notification to parent by writing. Parents/students must return the acknowledgement receipt. Failure to do so does not exempt a student from inclusion in the sample. The DepEd committee shall inform the head teacher of the selection of his/her school in the coverage pf the drug testing within five days from the designated date of the drug testing. On the day of the testing, the school and the Random Drug Testing Team shall conduct the random selection of the required number of students to be tested in the school. It shall be done via lottery or through any equivalent manner. The random selection process shall be confidential. Students who refuse to undergo random drug testing will be reported to the DepEd Committee. Refusal does not give rise to presumption of drug use. Procedures: Before proceeding with the specimen collection, the students selected shall be given an orientation on the process of drug testing, their rights, and the implications of the drug testing. The collection of urine samples and the testing shall strictly follow the guidelines required by the DOH. The students will accomplish a drug testing form provided - this includes info on any prescription medicines, vitamins and food supplements they have taken within the past 5 days. Students who are ready to give their urine sample shall approach the specimen collector and select his or her own specimen bottle from the table. Before specimen collection, the student has to wash and dry his or her hands, empty pockets and remove outer garments (jackets, coats, sweaters). This has to be done in a private collection area supervised by a specimen collector of the same gender. The collection of the urine sample shall be conducted. The student shall submit the urine sample to the specimen collector who will examine the sample in the presence of the student. The student shall affix his or her signature and the date and time of collection to a sealing tape. The collector will seal the bottle in the presence of the student. The collector and the student shall then sign the drug testing form. All specimen shall be given to the custody of the DOH for testing. Results: The results of the testing should be issued within 15 days. A positive result will require confirmatory tests. The names per school of all who tested negative will be summarized in a result form. Positive results based on confirmatory tests will be reported in individual result forms. All will be placed in a sealed envelope, marked as confidential, and submitted to the Dep Ed Secretary. The Secretary of Health shall inform the relevant schools of the results. The school will inform parents and students. Everything should be kept confidential and private. Positive confirmatory result shall not be a ground for expulsion or any disciplinary action against the student and should not be reflected in any or all academic records. For students who tested positive, the school will set up a conference with the student, parents and a physician to discuss issues of drug use and dependency. All will be set up confidentially. After the conference, the school shall refer the student and his/her parents to a drug facility to asses and evaluate the student and plan treatment. Drug dependent students shall be referred to DSWD for counseling and intervention. The parent may also choose private or government rehabilitation center or program. If the student shows no signs of improvement of recovery, or fails a second drug test, or if the parents refuse to act on the student's drug dependence, the student may be referred to a higher facility and may be subject to compulsory confinement in accordance with Sec. 61 of RA 9165. Schedule: Drug testing in public secondary schools will be conducted in the current SY 2017-2018. Drug testing in private secondary schools will be conducted no later than SY 2018-2019. Schools that refuse to implement random drug testing program shall be reported to the PDEA and the DDB for appropriate action. The Secretary of Education will determine the date of the drug testing. To read the full guidelines set by the Commission on Higher Education adn the Department of Education, see sources below. source: DepEd, CHED

Middle East Bound OFW Discovers Shabu in Chichiriya

Accepting "padala" or "pabaon" for other people is common traits of Overseas Filipino Workers (OFWs) when they come home to the Philippines or go back abroad where they work. We all know that OFWs are generous and very accommodating to the needs of other people, especially of our Kababayans. But, as OFWs, we should be very careful, in accepting "padala" when vacationing to the Philippines or accepting "pabaon" when going abroad back to work.

Pakistani Who Stabbed Pinay 66 Times Gets 27 Year Sentence in Dubai

Dubai's Criminal Court has sentenced a 24-year old Pakistani, only identified as Khorshed T, a watchman and cleaner to 27 years in jail. His sentence include 25 years over a murder charge and an additional two-year jail term for stealing assorted foreign currencies from a Filipina victim. He will also be deported at the end of his sentence. The convicted killer was only a week old in his job when he stabbed the Filipina's chest, stomach and neck inside her second-floor apartment in the International City’s English Cluster on Feb.18, 2016. The victim is said to be an undocumented OFW in Dubai identified as Maria Lenlie Silpao Oliverio. Under questioning, the man said he did not intend to kill the Filipina, and that he stole an assortment of currencies from her sideboard, but returned them. The motive for the grisly murder was revenge. The suspect claimed that he was cleaning the floors of the building that morning at around 9AM when a heated argument ensued. The victim apparently yelled at the cleaner and intentionally kicked a bucket and spilled water all over the area the cleaner was working on. The Pakistani cleaner went about his work, but was planning how to take revenge. Later in the afternoon, he went back to the Filipina's apartment armed with a knife and a screwdriver, uder pretense that he needs to fix the fire alarm. When the victim refused to let him in without first informing her Indian boyfriend, the Pakistani forced his way in and punched and stabbed the Filipina until she fell on the floor. The knife broke during the brawl and the Pakistani proceeded to stab the victim with the screw driver. He then went to the victim's kitchen to get another knife and continued stabbing the victim. Oliverio was stabbed 66 times but was still alive. The man kicked her repeatedly. When the criminal noticed that she was still breathing, he took an aquarium and smashed it on her head, then he smothered her with his hands until she stopped breathing. He then used a stolen jacket to hide his blood-stained clothes. He went back to his room and disposed of the jacket in a garbage, and attempted to hide his shoes by throwing them on the roof of the building. The screwdriver was later recovered. At the time of the murder, the Filipina was living in the apartment with her Indian boyfriend. The boyfriend was the one who found Oliverio's lifeless body and called the police. He was also initially considered as the primary suspect. Teams from Dubai Police’s Criminal Investigation Department and General Department of Forensic Science and Criminology rushed to the scene and started their investigation. There were no obvious signs as to who could have committed the crime. Although the Pakistani watchman and cleaner was helping out the victim’s boyfriend and cooperating with the police in accessing the building and apartments, policemen suspected he was involved due to his body language. The police also noticed scratch marks and cuts on the Pakistani, who first denied involvement but later admitted to the crime once DNA evidence showed he was the killer. Oliverio's body was repatriated several months after her death. She left behind two kids, aged 10 and 5. Her Indian boyfriend facilitated her repatriation and even spent his own money to send her back home. sources: Gulf News, GMA

UAE to Implement Sin Taxes in October

The cost of living in the UAE is about to increase in a few weeks. Starting October 1, the price of some selected items will increase by as much as 100 percent, or double. The UAE’s tax authority announced that a 50 per cent tax would be imposed on carbonated drinks, while energy drinks and tobacco products would attract a 100 percent tax. Carbonated water is exempt from the carbonated drinks tax. The prices of excise goods at points of sale - groceries and stores - must include the Excise Tax. Duty Free purchases at airports will also be exempt from the tax, as long as passengers are leaving the UAE. Passengers who purchase duty free items as they arrive in the UAE will be taxed. UAE's Tax announcement comes just two months since Saudi Arabia imposed SIN TAXES on similar items with similar price increases in June. President of the UAE Sheikh Khalifa bin Zayed Al Nahyan approved the Federal Decree-Law on Excise Tax last Monday, imposing excise taxes to products that are deemed unhealthy. The plan to tax products that are detrimental to health has been in place for some time now. The government hopes people will cut down on sugary products following this tax. The UAE government also hopes the new excise taxes will help boost revenue and help offset the impact of lower oil prices. The gradual introduction of such taxes is part of a region-wide effort in the Gulf to diversify revenue streams away from oil. The tax is expected to generate up to around Dh7 billion in annual revenues for the Federal Budget. They also believe, the move will reduce health costs for thousands of residents in the Emirates due to medical costs of obesity. Additional products may be taxed in the future at rates of up to 200 per cent, but as of now it is just energy drinks, fizzy drinks, and tobacco. Experts say the new taxes on tobacco products and carbonated drinks will have an impact on the industry. They predict that the impact on the sale of fizzy and energy drinks would be swift and severe. “Sales will plummet as a result of the tax, because people have a choice. If carbonated drinks are much more expensive, then people will just opt for water,” said one analyst. This is just the beginning. Like other GCC states, UAE is also set to introduce VAT for the first time in its history. A 5% tax will be implemented starting January 2018. Of course, some basic goods are VAT exempt, but UAE, especially Dubai and Abu Dhabi, is known as a haven for luxury goods. sources: Washington Post, GulfNews

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Saturday, July 16, 2016

IN SAUDI ARABIA CYBER BULLYING OR HARMING ANYONE USING SOCIAL MEDIA -ONE YEAR JAIL AND SAR500,000 FINE

CYBER BULLYING OR HARMING ANYONE USING SOCIAL MEDIA CAN PUT YOU A YEAR IN JAIL AND PAY SAR500,000 FINE IN SAUDI ARABIA

The National Society Of Human Rights (NSHR) announced in a tweet from their official Twitter account that anyone who harms anyone through the use of social media could be criminally liable and will be subjected to imprisonment of not more than a year and will be ordered to pay a fine up to SR500,000

The president of NSHR,Mufleh Al-Qahtani, explained that as part of its duty to disseminate the culture of human rights throughout the community and to encourage people to abide by the law, the society publishes booklets and posts tweets to educate and familiarize Saudis with the consequences of their actions and the crimes that they might commit without their knowledge.

Read: Cyber Crime Law In UAE and The Middle East

Al-Qahtani said that the popularity of social media, especially among young people, coincided with the emergence of various crimes committed using these means.

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“This entailed the enactment of the Anti-Cyber Crimes Law under a royal decree in 1428,”says Al-Qatani.

According to Saudi Arabia Cybercrime Law of 2007, cybercrime perpetrators can be imprisoned for anywhere between one and 10 years and incur a fine of between SR500,000 and SR5 million.

The anti-cybercrime law in the Kingdom of Saudi Arabia involves various offenses. These include spying,

interception of data transmitted through an information network without authorization,

unlawful access to computers with the intention of threatening or engaging in blackmail,

unlawful access to a website or hacking with the intent of changing design,

destroying or modifying websites,

invasion of privacy through the misuse of camera-equipped mobile phones and defamation

and infliction of damage on others through the misuse of information.

The NSHR earlier twitted the relevant prison punishment of not more than a year and the payment of a fine of SR500,000 as possible punishments for any person who invades the private life of others by using their mobile phone camera abusively,bullying and defaming others or by harming them through social media .

Meanwhile a certain A.Khaliq A.Jabbar's comment has drawn my attention on the Arab News article about this issue and it reads:

"When employers abuse their maids, why there is no such huge fines? Where go human rights at that time?"

Saturday, April 09, 2016

THE LOLA'S AND THE PREGNANT WOMEN THAT WERE ARRESTED DURING THE RALLY ARE ASKING HELP

Two lola's ages 78 and 65 years old that were arrested by the police after the bloody dispersal of a Kidapawan farmers' rally at North Cotabato last week are pleading for help to pay for the bail with regards to the direct assault charges filed against them and others. Reportedly, 71 was arrested, and some of those including the following Lola's will have to pay P12,000 bail.

Reporter's were not allowed to interview the detained senior citizens according to GMA News reporter Saleema Refran. In one of the tweet of the reporter, two other senior citizens were arrested and filed case with the name Crisanto Carlum, 72 yo and Gerardo Piqueso, 66yo. Carlum is also one eye blind.

"During the Senate hearing conducted at the University of Southern Philippines in Davao City on Thursday , Human Rights Commissioner Gwendolyn Pimentel-Gana confirmed "disturbing findings" in the initial investigation they conducted. The CHR found in its initial investigation that pregnant women and the elderly were among those detained by the police.

Letter written by a 78 years old woman, Lola Val

Mga buntis na sina Arlena at Eliza, inireklamo din ng pulisya ng direct assault sa Kidapawan. pic.twitter.com/jvqLQbk1Yj
— Saleema Refran (@saleema_refran) April 7, 2016

“We have observed that a lot of senior citizens have indeed been picked up, both women and men. There are questions whether they are even directly involved or the ones who committed the direct assault,” Gana said.

Gana said the CHR will furnish the Senate committee a copy of their full report within two weeks.

Other victims of the Kidapawan rally are featured below.

Victor Lumondang, nakalabas sa ospital. Nagtamo siya ng mga tama ng bala sa leeg at sa magkabilang hita. pic.twitter.com/6lImrGD3UK
— Saleema Refran (@saleema_refran) April 9, 2016

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