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Calls for More Resources and Protections of Independence
So it can continue to protect human rights, democracy and development
4 May 2009, Quezon City - The Commission on Human Rights (CHR) warns that it needs to be strengthened with a CHR Charter and with adequate resources so it can continue to protect human rights, democracy and development in a climate of frequent and various violations. On its 22nd Anniversary (5 May), the CHR urges both the Legislature and the Executive to act swiftly to ensure the commission remains independent and effective, especially through a long-overdue implementing law and more realistic resource allocations.
The Commission en banc issued an anniversary message saying that the current and continuing human rights picture in the country, and the petitions for additional CHR activities are a clarion call for the future: the Commission on Human Rights must be strengthened in order to continue effectively fulfilling its crucial mandate in protecting not only human rights but democracy, economic and social development in the Philippines.
The Commission asserts, "It is neither consistent nor constructive for legislators and the executive branch to look to the CHR to resolve the country's numerous human rights problems without ensuring that the Commission has the capacity to respond to these and the public's demands. "
"The CHR's independence must be shored up by clear legal provisions on its fiscal autonomy and powers over its internal organization in a CHR Charter "
Chairperson Leila M. De Lima says the CHR Charter would be the Commission's "lifeline".
Speaking for the Commission, Commissioner Cecilia R.V. Quisumbing pointed out that just this past month, public officials and civil society groups have called on the CHR to investigate several various human rights issues and violations such as the rights of workers and violence against media in Davao .
Indeed, Chairperson Leila de Lima and Commissioner Norberto de la Cruz are unable to join the CHR Anniversary activities at the central office because they are on official travel for separate substantive activities - a demonstration of how many demands there are on the Commission.
"On the positive side," said Quisumbing, " the calls for CHR investigations indicate that since its establishment on May 5, 1987 the CHR has been able to give Filipinos a sense that remedy is possible - there is a place where they can turn and effort will be made to assist victims, bring perpetrators to justice, and try to prevent further similar instances."
"A timely CHR Charter that reiterates and reinforces the independence of the Commission on Human Rights, addresses both legal and operational gaps while leaving flexibility for growth and evolution of the Commission, would be the greatest contribution to human rights that our legislators could achieve at this point of time, " says the CHR Message.
The Executive branch also has a vital role in determining the strength or weakness of the CHR - through its appointments of members. Quisumbing said, "The choices would determine if the CHR would independent, strong, balanced and effective, or a mere paper tiger, or worse, a tissue paper tiger."
"The assessment of 4th Commission members is that the selection committee got it quite right this time. We bring to the table our various strengths and a common dedication to justice and human rights. Not only do we all work at the Commission, we work well TOGETHER."
"And though it took a year for the Administration to the fill the ranks of the Commission; it has made a strong choice and appointed a CHR veteran to the Commission - Jose M. Mamauag, formerly Regional Director in Western Mindanao . The only two appointments from inside the CHR have been made by the Arroyo Government."
In the past year, the CHR has conducted inquiries and investigations into possible human rights violations, such as the RCBC massacre where ten people were murdered during a bank holdup and the related case of the killing of the RCBC suspects in Tanauan, Batangas; the death of civilians, including a seven-year old girl, in a shootout between police and alleged members of a bank robbery group in Parañaque City; the incident on EDSA-NIA where suspected carnappers were killed by PNP operatives; the killing of Rebelyn Pitao in Davao; and the phenomenon of vigilante killings by the so-called Davao Death Squads in Davao City.
In an advisory, the CHR reminded all security and law-enforcement agencies and policy-makers, in an advisory, that the legal system should not be used as a tool to harass anyone; the rights of suspects, the accused and persons deprived of liberty must be respected.
The CHR has responded to current events as they happened and called attention to the need to respect and protection of human rights in matters, such as the random drug testing at schools, the demolition of squatter shanties, the arrest and treatment of suspects, including the members of the household of media personality Ted Failon, armed conflict and elections. Related to this last point, the CHR held the first-ever multi-sectoral consultation on Ensuring the Right to Electoral Participation of the Vulnerable Sectors in September 2008 and presented the results to the Commission on Elections for possible implementation.
The CHR has advocated for the passage other vital and overdue human rights laws, under the umbrella of a human rights legislative agenda, including the Magna Carta of Women, bills criminalizing torture, enforced disappearances and extrajudicial killings. The Senate's concurrence with the ratification of the ASEAN Charter was achieved with assistance of the CHR at the Commissioner level.
Among the short term priorities of the Commission are: emporwerment of vulnerable sectors for the elections, a report on government and civil society actions to address extrajudicial killings, and monitoring the implementation of the recommendations to the Philippines by the Human Rights Council, especially during the Universal Periodic Review, and recommendations of the U.N. Treaty Bodies and other appropriate bodies and mechanisms such as Special Rapporteurs.
When armed conflict in Mindanao escalated in July 2008, after the government decided not to sign the Memorandum of Agreement on Ancestral Domain, the Commission on Human Rights called for government action to protect civilians, and monitored the situation of internally displaced persons affected by the fighting.
CHR - trend spotter and early warning system
There have been two major examples of the CHR when the CHR has identified human rights issues needing immediate action to prevent problems from reaching critical proportions:
- During the 3rd Commission's term, it adopted as a priority matter the need to protect IDPs through a rights-based approach long before the Norwegian Refugee Council said the Philippines had the most new displaced persons in 2008;
- As early as 2002, 5 years before the U.N Special Rapporteur arrived in the country, then-CHR Chairperson Dr. Purificacion C.V. Quisumbing called on the government to address the growing number of killings of activists, as part of its obligation to protect human rights.
The launch of the Martus database system is expected to enhance the CHR's abilities to analyze data and identify geographic and thematic areas with gaps, so that it can issue early warnings on growing problems as well as design responses in a proactive manner. However, since much of the authority to act on these human rights issues lies with government, all actors would do well to heed CHR calls as advisory and constructive, rather than ignore them and allow trends to turn into crises.
CHR Charter Vital
However, the CHR by itself and at the current level of resources cannot grow and develop as the needs of the national human rights situation demand.
"We urge the timely passage of a CHR Charter that will clearly set out our fiscal autonomy, including flexibility to use savings and to re-allocate some funds when justified, legal, necessary, and reasonable," says the joint statement of the Commissioners.
"This is one of the key elements of true operational independence, as discussed by framers of the 1987 Constitution. Other elements of independence are the power to appoint their own middle- and lower-level officers and staff, to adopt rules of procedure and administrative rules, and to organize and re-organize itself. "
These powers are recognized in another institution created by the 1987 Constitution to prevent and addresses the wrongs during the Martial Law Era - the Ombudsman. The Ombudsman Act has been in force since 1989 while the CHR has not had an implementing law in its entire existence.
The CHR reminds Congress that the 1987 Constitution mandates Congress to give "highest priority" to legislative measures for the promotion of social justice and human rights.
Strengthening CHR from Within
While the CHR does not have the power and is therefore dependent on certain branches of government for legal and resource strengthening, the Commission is doing its best to build the institution from within, with its limited resources. Regional Offices in small but important ways such as giving more funds for field mission expenses, such as gasoline and the purchase of basic office equipment, including fax machines and computers. CHR staff take part in trainings on legal techniques to address extrajudicial killings and enforced disappearances. And from April 26 to May 11, regional personnel are undergoing forensic investigation training with experts who have worked in countries with similar resource challenges such as the former Yugoslavia , Rwanda and Peru .