HUMAN RIGHTS DAY MESSAGE
Today, the world commemorates International Human Rights Day, marking the anniversary of the Universal Declaration of Human Rights.
But in Cebu, this day carries a deeper, more urgent meaning. In our island—where critical watersheds are shrinking, fragile slopes are carved for profit, rivers are choked with silt, and communities drown in entirely preventable floods—one fundamental human right is under unprecedented threat:
The Right to a Balanced and Healthful Ecology.
This is not a political slogan or an aspirational ideal. It is a constitutional mandate, enshrined in Article II, Section 16 of the 1987 Philippine Constitution:
“The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
This right is further affirmed by the Supreme Court in the landmark case of Oposa v. Factoran (1993), which established that environmental rights are intergenerational, enforceable in court, and impose a mandatory duty on all government officials to protect the environment for present and future generations.
I. Environmental Neglect is a Human Rights Violation
Human Rights are not solely civil and political; they are inextricably environmental, social, and economic.
Cebuanos cannot fully enjoy their right to life, security, livelihood, or safe housing if their communities are systematically placed in harm’s way by governance failures, including:
- Scientifically unsound land-use decisions.
- Approval of upland developments in known hazard-prone areas.
- Zoning ordinances that ignore hydrological and watershed limits.
- Failure to integrate mandatory hazard maps and natural capital accounting.
- Non-compliance with national laws such as RA 11995 (PENCAS) and RA 11038 (E-NIPAS).
When a city tolerates policies that exacerbate climate risks and disaster intensity, the resulting flooding and landslides cease to be “natural disasters.” They become human rights violations caused by official negligence, abuse of authority, and systemic disregard for public safety.
The government, by transferring disaster risk from developers and decision-makers onto the most vulnerable communities, violates the people’s constitutional right to: Health, Security, Safety, Due Process, Life, and Environmental Equity.
II. The Human Cost of Environmental Injustice in Cebu
Recent disasters, such as the flash floods caused by Typhoon Tino and similar weather events, tragically revealed the truth Cebuanos have felt for years: Catastrophic flooding is not inevitable. It is the direct consequence of human decisions—of upland reclassification, politically influenced zoning, weak enforcement, and the dangerous disregard for the island’s carrying capacity.
In areas like Bacayan, Mananga, Compostela, and Subangdaku, lives have been lost, homes destroyed, and families displaced. These are not isolated tragedies. They are symptoms of a profound governance failure, violating both the tenets of environmental protection and the principles of social justice.
III. Accountability Mandated by Law: The PENCAS Defect
The law requires more from our leaders, particularly following the enactment of the Philippine Ecosystem and Natural Capital Accounting System Act (RA 11995).
PENCAS, effective in May 2024, made it mandatory for all government units to:
- Integrate natural capital valuation in all planning.
- Consider ecological thresholds before approving developments.
- Quantify environmental losses and risks to protect critical ecosystems.
However, the recently approved Cebu City CLUP and Zoning Ordinance 2025—passed after PENCAS took effect—demonstrates an alarming failure to integrate these mandatory principles.
This is not only a profound legal defect but, more importantly, a human rights crisis. When planning willfully ignores ecological science and mandatory laws, the people ultimately pay the price with their lives, homes, and livelihoods.
IV. Environmental Justice is Human Rights Justice
The Constitution demands “harmony with nature.” Conversely, our current planning trajectory is in direct conflict with nature.
Scientific data consistently shows that the uplands contribute 55–60% of Cebu’s floodwater runoff. Yet, land-use decisions continue to open these crucial slopes and midlands to:
- Excessive reclassification and rezoning.
- Expansive subdivisions and commercial sprawl.
- Aggressive road cuts and quarrying.
This pattern is not development; it is risk accumulation. Every time a watershed is weakened, a slope is destabilized, or a flood basin is paved over, we fundamentally undermine the people’s rights to safety and a sustainable future.
Environmental Justice demands that:
- Those who benefit from development must not be allowed to inflict harm on those downstream.
- Government decisions must be based on science and must not endanger the public they swore to protect.
- Vulnerable communities must not be sacrificed for private gain and political expediency.
V. A Call for Action and Accountability
On this International Human Rights Day, we stand together to assert that:
- Flood safety is a Human Right.
- Compliance with environmental law (RA 11995) is a mandatory duty.
- Hazard-informed planning is a legal requirement.
- No zoning ordinance should contradict science, and no public official has the authority to gamble with ecological security.
We assert our right to demand accountability, transparency, correction of defective plans, and the unwavering protection of our uplands and watersheds.
We look forward to A Cebu That Honors Human Rights: a city built on the right to safe communities, flood resilience, and ecological integrity.
Environmental Rights ARE Human Rights. Justice for Cebu.
Real LexEcon 