Pubdate: Sun, 18 Jan 2009 Source: Manila Times (Philippines) Copyright: 2009, The Manila Times Contact: http://www.manilatimes.net/ Details: http://www.mapinc.org/media/921 Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) Bookmark: http://www.mapinc.org/youth.htm (Youth) DRUG TESTING VIOLATES CHILDREN'S AND STUDENTS' RIGHTS The alleged bribery scandal arising from the arrest of the three "Alabang boys" for drug possession by agents of the Philippine Drug Enforcement Agency (PDEA) has led to the launching of various government initiatives to control the spread of the drug menace in the country. One is the order of President Gloria Arroyo for the nationwide random drug testing of students in the secondary and tertiary levels. Another is the activation of the PDEA's 24-hour action teams and all local anti-drug councils. The President further directed the construction of at least six drug rehabilitation centers in four areas, including Region 2 and the Autonomous Region in Muslim Mindanao. Education Secretary Jesli Lapus promptly responded to the President's drug testing order, setting March as the start of the program by his department in coordination with the Department of Health (DOH) and the Commission on Higher Education (CHED). He said the drug testing, which was conducted in 2005 on 8,670 students from 287 schools all over the country, would be a continuing effort up to 2010. Chairman Vicente "Tito" Sotto of the Dangerous Drugs Board, who proposed the students' drug testing, said he saw no major problem with the program. "We reviewed the latest Supreme Court decision [on drug testing] and it is not among those declared unconstitutional," he said. He pointed out that while the high tribunal junked a Commission on Elections' resolution requiring drug testing for candidates for public office, it found nothing wrong with drug testing in the schools. But many disagreed with his views. During a hearing by the House committee on dangerous drugs, a number of congressmen questioned the constitutionality of the drug-testing program. One congressman said that drug testing is all right if a student does not object. But if he resists, he could not be compelled to submit to it because it violates his right not to testify against himself. CHR Chairwoman's stand Chairwoman Leila de Lima of the Commission on Human Rights said drug testing violates the "basic human rights of the child against all self-incrimination, the right of the child to be protected in his person, effects and correspondence, and the right of the child against unlawful searches and seizures." She cited Article 16 of the United Nations Convention on the Rights of the Child, which provides that "no child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honor and reputation." De Lima asked the government to focus on the "institutional roots of the problem, not on the potential and most vulnerable victim of the drug menace--the Filipino child." Former UP law dean Pacifico Agabin shot down the drug-testing plan, saying it has no legal basis at all. He described it as a form of "search" as ruled by the Supreme Court. A "search" can only be done if there is probable cause against an accused, he argued. University president's warning Lawyer Adel Tamano, spokesman of the political opposition and president of the Pamantasan ng Lungsod ng Maynila, warned that drug testing without consent "violates one's right to privacy." A person must agree to be tested--especially if the test involves an invasive procedure, which would clearly be a violation of his body. The League of Filipino Students (LFS) declared that it was firmly for the eradication of the drug menace but assailed the drug testing of students on a massive scale. It called for the enforcement of laws and regulations already in place against drug trafficking. In our editorial the other day, we vowed our full support for the President's resolve to crush the drug problem, we said: "Ordinarily, the Times would have been against the President taking on responsibilities [as anti-drug czar] that are clearly assigned to definite agencies and their heads. In the case of this war, we support the Commander-in-Chief and ask all Filipinos to join in the effort to rid our country of the drug menace." But we have our misgivings about drug testing in schools being an effective way of solving the drug problem. Drug testing is no big deal. The education department's experiment in the past showed that only a negligible number (less than 1 percent) of students tested had proved positive for shabu and most of them were only users, not pushers. The drug testing of students reflects a sweeping indictment against our students. It assumes that our schools are infested with drug addicts and drug traffickers. 'Judicial abortion' The real cause of the failure to control and extinguish the drug menace is the prevalence of case fixing. In some circles, it is called "judicial abortion," which simply means stopping drug cases from reaching the courts because law-enforcers and prosecutors have been bribed to undermine the process. Indeed, this is a sad reflection on the moral fiber of our law enforcers and on the effectiveness of our drug enforcement system. Immediate sweeping reforms are in order. - --- MAP posted-by: Jay Bergstrom