Monday, June 21, 2021

Is Waste Management A Human Rights Issue?

I have written quite a lot about garbage on this blog. With there being so much of it clogging the waterways and strewn across the ground, the City of Cebu collected 13k tons of garbage in a recent clean-up drive, it seems there is not much new that can be said about the problem. But here is a totally novel angle on the subject. Proper waste disposal and sanitation is a basic human right. So says the CHR.

https://www.pna.gov.ph/articles/1143822

Waste management shows how a country values human dignity as the Commission on Human Rights (CHR) on Tuesday recognized improved efforts in time for the observance of Philippine Environment Month in July.

The CHR likewise lauded the Department of Environment and Natural Resources (DENR) order to close down some 335 open dumpsites nationwide.

In a statement, CHR spokesperson Jacqueline de Guia said waste management efforts will not only improve environmental sustainability and health outcomes but will surely contribute to the full enjoyment of basic human rights.

"While national and local interventions during the pandemic are largely focused on protecting lives and economies, management of waste is also essential to minimize long-term risks to human and environmental health," she said.

In shutting down open dumpsites, the DENR enforced Republic Act (RA) No. 9003 or the Ecological Solid Waste Management Act of 2000, which provides the necessary policy framework, institutional mechanisms, and mandate for local government units (LGUs) to achieve 25-percent waste reduction through the establishment of an integrated solid waste management plans based on 3Rs (reduce, reuse and recycling).

De Guia said environmental degradation can lead to "very serious and continuing violations of our human rights".

"People’s health, food and water safety, housing, and overall well-being can be negatively affected by improper disposal of waste and hazardous materials," she added.

Among the health and environmental risks of illegal dumpsites are the contamination of soil and water, increased risks of natural disasters and health issues, and disruption of wildlife, the CHR said.

"Unlike sanitary landfills, illegal dumpsites do not have built-in systems and constant monitoring for environmental safety," she said.

RA No. 9003 specifically bans the use of open dumpsites for solid waste by any person, including LGUs.

This is in response to the DENR's closing of some 200 open dumpsites across the nation.

https://www.pna.gov.ph/articles/1128627
"This is my directive to them: All open dumpsites must be closed by the end of March this year!" he announced Tuesday in a message for the RA 9003's 20th anniversary celebration.

Aside from closing open dumps, he said DENR will help further promote the development of sanitary landfills nationwide, practice of waste segregation at home and improvement of garbage collection.

There'll be house-to-house campaigns as well to promote solid waste management among communities, he noted.

"Yes, we can do it!" he added. "And we must do it! Let us all manage our garbage towards a cleaner, healthier and progressive Philippines."

I know for a fact that not all the dumpsites have been closed because there are several in my area that remain as active as ever. The Philippines has a long way to go in rectifying their garbage problem.

But it is it really an issue of human rights? I don't think so. It's an issue of the social contract nature of the Philippine government needing a major overhaul. The constitution is clear the all political power stems from the people.

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.


SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

In practice we know this is not true. Sovereignty does not actually reside in the people and government authority does not actually emanate from them. The people may elect officials but the people do not craft the laws that govern the nation or direct the policy which goes into enforcing those laws. The people certainly had no hand in writing RA 9003. If they did there might not be a provision prohibiting open burning of waste. 

There is also the problem of the people. Can the people violate their own human rights? That would be silly and yet if proper waste disposal is a human rights issue then it seems they are as it is the people who continue to dump their garbage in open dumpsites. Look at this open dumpsite which is actually growing.

Maybe this picture does not show it very well but this dumpsite is getting wider. You can see at the edge of the picture the garbage all along the sugarcane. The people created this mess despite their being signs which said to not dump there. And the government does not care. In fact this dumpsite is just outside the entrance to a village where the government is erecting a huge welcome arch.

The local government would rather spend thousands on trivialities like this arch then fix the garbage issue. That is highly problematic and indicates that the government does not really care about the safety, health, and well-being of the people.

The issue here is not complex at all. The government that the people created needs to enforce the sanitation laws and create the healthy environment that will be conducive to good living for the people. On the other hand the people need to stop flagrantly violating the laws which the government they elected has enacted for their benefit. It is most certainly not a human rights issue. It's a common sense issue. Stop littering and stop tossing garbage on open dumpsites.

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