7July 2010

INTERNATIONAL CONCERN re: CHR CHAIRPERSON SELECTION

International bodies are urging the Aquino administration to establish a participatory process to choose and appoint the next Chairperson of the independent Commission on Human Rights. Just as the issue of extrajudicial killings and torture are commented on by foreign governments and international NGOs, the independence of the CHR is a matter of international concern.

Two associations of independent national human rights institutions and an international NGO have commented in writing on the current vacancy for the CHR Chairperon – the worldwide assoctiation known as t he International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) and the regional group, the Asia Pacific Forum of National Human Rights Institutions (APF).

As the new government tries to live up to its promises to stop extrajudicial killings, it also has the responsibility to protect the independence of the CHR and its standing – as the body that is most credible in addressing such rights violations.

Letters to the President

The ICC President has written the the Office of the President, that “it will be important that the appointment procedures you adopt can be held up as internatonal best practices” so that the next CHR Chairperson “can start on a firm foundation.” (letter attached) The ICC is recognized by the United Nations as the body that accredits human rights commissions according to their compliance with the standards known as the Paris Principles.

The ICC wrote to President Aquino “In fact the Sub-Committee (for Accreditation) noted the critical importance of the selection and appointment process of the governing body in ensuring the pluarism and independence of the National Institution.”

The Current ICC President is Rosslyn Noonan who is Chairperson of the New Zealand CHR.

For its part, the APF writes, “The failure to undertake such a process may be seen as breaching the Paris Principles and lead to a review of the Commission on Human Rights of the Philippines accreditation status. In this regard I note that direct appointment by the executive has in the past led to a review of the accreditation status of other national human rights institutions, and has been the subject of comment in United Nations fora.”

The international NGO, CIVICUS, urged President Aquino in a letter “ to begin fulfilling your promise of a new path for the Philippines by protecting the victims of human rights abuses and bringing those

responsible to justice. We ask that you (g)uarantee the independence of the Commission on Human Rights of the Philippines in line with the United Nations’ Principles Relating to the Status of National Human Rights Institutions.”

CHR Commissioner Cecilia R.V. Quisumbing said, "The front-runner candidate should not have a problem with an open selection process, with her credentials and long advocacy.  In fact, with this process critics of candidates will have to make their negative statements in public, with some proof, instead of unsubstantiated comments to the press."

“The Philippines Commission on Human Rights (CHRP) stands out as an oversight mechanism that has safeguarded its independence and mandate,” wrote the U.N. Special Rappporteur on EJK, Phillip Alston wrote in his April 2008 report on the Philippines.

Earlier Calls from Local HR Advocates

The CHR, the Ateneo Center for Human Rights, Karapatan, the Philippine Alliance of Human Rights Advocates (PAHRA) and the Asian Federation against Involuntary Disappearances (AFAD) have issued in early July a joint call for the President to establish a process for the selection of the CHR Chairperson that includes a mixed panel of decision-makers, open applications and consultations with stakeholders as required by international standards.

“A participatory and transparent selection process is vital to the CHR’s standing in the U.N. and other international bodies to speak up on the Philippine human rights situation and advocate for victims,”

CHR Charter

The House of Representatives tried to institute an appointment process that complied with the Paris Principles in the draft CHR Charter, House Bill 6822. (attached) This bill was shepherded through Congress by Rep. Erin Tanada, Chairman of the House Committee on Civil, Political and Human Rights. This did not make it to through the full legislative process.

CHR Commissioner Cecilia R.V. Quisumbing said, “If the CHR Charter had become a law, there would be no question as to the process. For now, there is no set process and we hope the President will implement international standards to protect the nation’s pre-eminent human rights protection body.”

President Aquino promised transparency in his inaugural speech where “Papaigtingin namin ang proseso ng konsultasyon at pag-uulat sa taumbayan. Sisikapin naming isakatuparan ang nakasaad sa ating Konstitusyon na kinikilala ang karapatan ng mamamayan na magkaroon ng kaalaman ukol sa mga pampublikong alintana.”

Requirements of the Paris Principles

Human Rights Council resolution 5/1 permits NHRIs that are accredited by the Sub- Committee on Accreditation to exercise participation rights in the Human Rights Council and subsidiary bodies of the Council such as the committees that monitor each human rights treaty.

According to the ICC Statute, “All NHRIs that hold an ‘A’ status are subject to re-accreditation on a cyclical basis. “ (attached)

Noonan’s letter noted that “the Sub-Committee emphasises the following factors:

According to Quisumbing, the CHR has already been warned by the international accreditation body in its past review that the process of selecting its members does not meet with the Principles Relating to the Status of National Human Rights Institutions, also known as the Paris Principles, which were adopted by the U.N. General Assembly resolution 48/134 of 20 December 1993.

Malaysia ’s human rights commission was downgraded from A-status to B-status in 2008 because it was not deemed to be compliant with the Paris Priniplces.

Calls from local advocacy groups

PAHRA Chairperson Max M. De Mesa said, “I agree that CHRP sets the example for transparency in government processes.”

Karapatan Secretary-General Marie Hilao Enriquez welcomes the CHR’s initiatives for a multi-stakeholder call to President Aquino. “We hope the selection body includes representatives for human rights NGOs working on the ground,” added Enriquez.

Said Quisumbing, “It would be a shame to lose our A-status (the highest level of independence and credibility) during the Aquino Administration, just when we’re all optimistic about a rights-focussed government”.

CHR in the U.N.

The rating of commissions and institutions for human rights are determined by the International Coordinating Committee (ICC) for National Human Rights Institutions, the worldwide association of rights commissions and ombudsmen.

An A-status means that the institution meets all the criteria set out in Paris Principles. It gives the CHR the right to make statements at the Human Rights Council, to make reports and statements to U.N. Committees that monitor compliance with each human rights convention, among others.

Using this privilege last May, at the 14 th Regular Session of the U.N. HR Council, Commissioner Quisumbing called the world’s attention to the mis-steps in investigating and towards prosecuting suspects implicated in the November massacre in Bargangay Ampatuan, Maguindanao, including the dismissal of charges against two members of the Ampatuan family granted without full due process.

Former CHR Chair de Lima utilized this status to discuss cases of torture, including the Manalo brothers case before the U.N. Committee against Torture last year.