Exclusion of CHR in Marcos' human rights body questioned

The Human Rights Watch (HRW) has questioned the non-inclusion of the Commission of Human Rights (CHR) in the special committee that President Ferdinand “Bongbong” Marcos Jr. created in a bid to strengthen human rights protection and promotion in the country.

In a statement on Monday, HRW Asia Division senior researcher Carlos Conde pointed out that none of the member-government agencies of the Special Committee on Human Rights Coordination “have distinguished themselves combatting rights violations, including thousands of extrajudicial killings in the ‘war on drugs’ since 2016.” 

Based on Administrative Order No. 22, signed by Executive Secretary Lucas Bersamin on May 8, the committee would be chaired by the Office of the Executive Secretary, and co-chaired by the Department of Justice (DOJ).  

Other members were the Department of Foreign Affairs (DFA) and the Department of the Interior and Local Government (DILG). The Presidential Human Rights Committee (PHRC), meanwhile, will serve as the secretariat of the body. 

Conde took note that the CHR, which was created under the 1987 Constitution to conduct investigations on human rights violations, was not included in the special committee, saying the CHR is “in the best position” to do the duties of the body. 

“If Marcos were serious about improving human rights protections and accountability for abuses, he would seek an expanded role for the CHR, including by ensuring they were part of the new special committee. He would also create a clear role for the involvement of nongovernmental human rights groups,” Conde said. 

GMA News Online sought for the comment of Malacañang regarding Conde's observation and will update the story once it responds.

CHR to remain vigilant

In a separate statement, the CHR expressed willingness to participate in the special committee “to ensure apparent and equal representation among relevant stakeholders.” 

The commission also said that it will remain vigilant and committed to its role, acknowledging the concerns of several civil society organizations.

“While we recognise the establishment of this special committee, the CHR, as the country’s national human rights institution, remains fully independent and committed to the fulfillment of its Constitutional mandate. The CHR serves as the primary institution tasked with monitoring, investigating, promoting, and advocating for human rights in the Philippines,” it said.

The AO 22 states that the Special Committee on Human Rights Coordination is tasked to sustain initiatives and accomplishments of the United Nations for the Joint Programme (UNJP) on Human Rights in the areas of law enforcement, criminal justice, and policy-making.

Duties and functions of the committee include efforts to conduct investigation and accountability, data-gathering on alleged human rights violations by law enforcement agencies, and expanding civic space and engagement with the private sector.

It should also implement a human rights-based approach towards drug control and counter-terrorism.

The committee was also ordered to monitor and ensure effective implementation of government policies and programs “aimed at upholding and protecting human rights of persons deprived of liberty, particularly in guaranteeing that no one is subjected to torture and other cruel, inhumane or degrading treatment of punishment.”

Admitting that the purpose of the committee is “admirable,” Conde, however, said that it might have less authority to address the serious rights abuses in the Philippines.

“The human rights ‘super body’ might impress some foreign observers, but what would impress people in the Philippines would be rescinding the ‘war on drugs,’ ending the targeting of activists through often deadly ‘red-tagging,’ and fairly prosecuting government officials implicated in serious rights violations,” he said. 

“Another layer of questionable bureaucracy will do little to protect anyone’s rights in the Philippines,” Conde added. 

The HRW senior researcher also pointed out the possible “haphazard cooperation” by the Philippine government with the UNJP.

“The administration said the special committee will replace the structures set up by the United Nations Joint Programme, a technical cooperation and capacity-building program run by the UN to institutionalize human rights reforms. However, the program proved unable to fulfill its mandate because of the COVID-19 pandemic and the Philippine government’s initial lack of engagement,” Conde said. 

The UNJP is set to expire on July 31, 2024 after three years. 

This program is a three-year collaboration between the UN and the Philippine government, together with the CHR and civil society organizations, that reinforces the institutions already available in the country to ensure that Filipinos are guaranteed the free exercise and enjoyment of their rights through effective technical assistance and capacity-building measures.

In April, CHR called for the continuation of the UNJP, saying it is highly impactful in protecting human rights, including addressing drug war killings during the Duterte administration.

The CHR also said it hopes the special committee would pave the way for institutionalization of human rights policies in the country through the passage of relevant legislations like the CHR Charter.

“In line with the current administration’s thrust in promoting and safeguarding human rights principles in the country, we are hopeful that this will gain equal support for passing the CHR Charter bill,” Commissioner Faydah Maniri Dumarpa said.

"This will further strengthen the Commission’s mandate, enabling us to provide essential legal aid services, establish mechanisms for strategic litigation to ensure access to justice for victims of human rights violations, and advocate for vital legislation such as the National Preventive Mechanism," she added.—Giselle Ombay/KBK/RF, GMA Integrated News