Today a news item came out in the Philippine national dailies in re: the proposed Commission on Human Rights (CHR) Charter which is pending consideration and approval by the Philippine Congress.
The intent of the pending bill/s is to strengthen the CHR, pursuant to its mandate under the 1987 Philippine Constitution.
My reading, however, of the news item seems to indicate that the proposed charter does not contain a provision empowering the CHR to conduct preliminary investigations to indict human rights violators in the criminal courts.
The power to conduct preliminary investigations and to indict respondents in criminal violations of human rights laws, as far as I am concerned, is the most important power that the CHR must possess to give flesh to its constitutional mandate, considering that the Department of Justice (DOJ) has almost totally lost its credibility due to the partisanship, laziness, incompetence, or corruption of its trial and investigating prosecutors and due to overwhelming political dictation and influence from equally corrupt elements in the Executive and Legislature when it comes to highly controversial and extremely politicized criminal cases.
At any rate, I shall try to analyze next week the pending House Bill No. 6822 or “An Act Strengthening the Commission on Human Rights and for Other Purposes” which the Lower House approved last September 16, 2009.
The Senate version of the bill is hibernating in that highly divided chamber where aggressive politicking is the rule of the day in light of the May 10, 2010 national elections.
That is the trouble when you have a Senate composed of prestige-seeking members whose ambitions in life are to be president of the republic, maintain their 200 million-peso annual pork barrel, protect their vested economic interests, and secure their elitist status in life.
And yet, when these senators, many of whom were elected on the basis of their popularity as movie actors and television anchorpersons and on the basis of the economic and political influence, network and wealth of their well-entrenched family dynasties and business conglomerates, conduct investigations "in aid of re-election" with full and glaring media coverage, they hypocritically behave as if they are the idealistic epitome and zenith of selflessness, patriotism and morality.
I doubt if Congress will have the time until May 2010 to act on the final CHR bill.
All Filipino politicians, from top to bottom, are now nervously preoccupied with their re-election campaigns and electoral fund-raising activities (both legal and illegal).
Below is the news item that appeared to day in the national dailies in the Philippines. Thus:
CHR wants more power vs. human rights violators
By Abigail Kwok
INQUIRER.net
First Posted 15:42:00 01/25/2010
MANILA, Philippines – The Commission on Human Rights (CHR) on Monday urged the Senate to pass the CHR Charter that would “pave the way for a stronger CHR that will be better resourced to respond to persisting human rights violations,” chairperson Leila de Lima said.
“There is no better time than now to pass the charter as it has covered much ground in convincing legislators that the Commission must exercise its constitutional powers to the full extent of laws without being stymied by many interpretations of unspecified or unelaborated concepts such as legal and protective measures,” de Lima added.
The House of Representatives has already passed the CHR Charter under House Bill 6822 or “An Act Strengthening the Commission on Human Rights, and for Other Purposes” last September 16, 2009.
However, de Lima said the Senate Committee on Human Rights and Justice has yet to pass its version at the Committee Level.
Among the salient features of the CHR charter includes elaborated mandates and a restructured functional organization.
For example, Section 19 of the proposed charter includes ordering any member of the government’s police forces to “desist from hiding, transferring or torturing a detainee and to allow access to said detainee by the Commission, his/her counsel, physician, and relatives.”
Also under the proposed charter is the authority of the CHR is to “transfer persons deprived of their liberty and in danger of reprisal due to the filing of a complaint in connection with his/her detention, in order to secure safety of his/her person.”
The proposed charter also allows the CHR to file for restraining orders that would restrict any person accused of violating the human rights of an individual to approach the residence or other areas where the victim resides.
Meanwhile, under Section 20 of the proposed charter, the CHR would have the authority to direct government security agencies to protect any victim of human rights violations as well as to deputize concerned government agencies to provide the necessary protection to human rights victims.
Other salient features of the proposed CHR Charter are: (a) staggered term for the CHR Chair and Commissioners (as opposed to the current 7-year fixed term for all Commissioners); (b) a Nominations Committee (akin to JBC for the selection of the Chair and Commissioners); (c) full fiscal autonomy; (d) deputization of government prosecutors or private lawyers (to prosecute) and of lawyers, legal groups, medical organizations and government agencies and offices (to assist in the investigative function); (e) accreditation of NGOs and people’s organizations; (f) preventive suspension; (g) witness protection program (separate from the DOJ-administered WPP); and (h) designation of human rights attaches for the protection of Filipinos abroad.
See:
http://newsinfo.inquirer.net/breakingnews/nation/view/20100125-249391/CHR-wants-more-power-vs-human-rights-violators
