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.