Amiel Ian Valdez published an article titled ‘Defending the Defenders: Upholding the Right to Effective Remedy of Environmental Defenders in the Philippines’ at Ateneo Law Journal, Volume 66, Issue 1, 2021 (September 2022, online publication)

In this article, Amiel assesses the issues being faced by environmental defenders in the Philippines, as shown in the case of Gerry Ortega, Gloria Capitan, Ruben Arzaga and many other silenced voices. Accordingly, one underlying reason for this status is the prevalence of de facto impunity brought by the grey area in post-murder investigation and prosecution of the alleged perpetrators. In legal parlance, this context relates to the right to effective remedy of environmental defenders. Amiel explores the bases and standards of the right to effective remedy, in conjunction with other substantive rights, under both the core international human rights law instruments and the Philippine domestic legal framework.  Amiel also argues that the apparent failure of the Philippine government to conduct investigation and/or its failure to bring perpetrators to justice could give rise to a breach of relevant human rights treaty obligations. Amiel further argues that protecting environmental defenders falls within the state’s obligation to uphold the people’s constitutional right to a healthy environment. To better protect environmental defenders, Amiel recommends a re-shaping of domestic institutional and legal frameworks, such as making the mining and forestry laws and policies more rights-based to allow greater public participation in environmental governance, and strengthening the mandate of the Philippine Commission on Human Rights.

Access the article here: https://bit.ly/3DpzUAG

Access the full copy of ALJ Vol 66(1) here: https://bit.ly/3xcSMzf