CHRP AND EXTRAJUDICIAL KILLINGSpcij.org/blog/wp-docs/Quisumbing_CHRP.pdf · to fast track cases of extrajudicial killings such as the creation of special courts to try human ... ‘still

CHRP ANDEXTRAJUDICIAL KILLINGS

Dr. PURIFICACION C. VALERA QUISUMBINGChairperson

“National Consultative Summit on Extrajudicial Killings and Enforced Disappearance”

Manila Hotel, 16 July 2007

CHRP ANDEXTRAJUDICIAL KILLINGS

“The Commission on Human Rights is waging a hampered combat against the problem of desaparecidos because it is allowed by the Constitution to only investigate violations of human rights and not to adjudicate on them like quasi-judicial bodies such as the SEC and NLRC. They are only statutory bodies but they have more bite than bark compared to the constitutional CHR.”1

1 Cruz, Isagani A. “Desaparecidos”. Separate Opinion, Phlippine Daily Inquirer. p. A14: 15 July 2007

What is or should be the role of the Commission on Human Rights of the Philippines (CHRP) in addressing human rights in general; extrajudicial killings and enforced disappearances in particular?

How can CHRP be made more effective component of the justice system in addressing human rights issues?

CREATION OF THE COMMISSION

• Section 17(1). Article XIII, 1987 Philippine Constitution – There shall be an independent office called the Commission

on Human Rights• Executive Order No. 8 (18 March 1986)

– Creating the Presidential Committee on Human Rights• Executive Order No. 163 (5 May 1987)

– Declaring the effectivity of the creation of the Commission on Human Rights as provided for in the 1987 Constitution, providing guidelines for the operation thereof, and for other purposes

ROLE OF THECOMMISSION

Domestic Role ConstitutionStatutes

International Role

1) INVESTIGATE, on its own or on complaint by any party, all forms of human rights violations involving CIVIL AND POLITICAL RIGHTS;

2) Adopt its operational GUIDELINES and RULES of procedures, and CITE FOR CONTEMPT for violations thereof in accordance with the Rules of Court;

3) Provide appropriate LEGAL MEASURES for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measure and legal aid services to the UNDERPRIVILEGED whose human rights have been violated or need protection

(Sec 18 (1-3) Art XIII 1987 Philippine Constitution)

DOMESTIC

ROLE OF CHRP

4) Exercise VISITORIAL POWERS over jails, prisons, or detention facilities;

5) Establish a continuing program of research, EDUCATION, and information to enhance respect for the primacy of human rights;

6) RECOMMEND TO THE CONGRESSeffective measures to promote human rights and to provide for COMPENSATION to victims of violations of human rights, or their families;


DOMESTIC

ROLE OF CHRP

7) MONITOR the Philippine Government’s compliance with international treaty on human rights;

8) GRANT IMMUNITY from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;


DOMESTIC

ROLE OF CHRP

7 CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

•International Covenant on Civil and Political Rights•International Covenant on Economic, Social and Cultural Rights •International Convention on the Elimination of All Forms of Racial Discrimination• Convention on the Elimination of All Forms of Discrimination against Women•Convention on the Rights of the Child•Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment•International Convention on the Protection of All Migrant Workers and Members of their Families

Basic principles on treaty obligations:The government is primarily responsible for the promotion, protection and fulfilment of human rightsAll human rights are universal, indivisible, interdependent, and interrelated.

ROLE OF CHRP

DOMESTIC

9) REQUEST THE ASSISTANCE of any department, bureau, office, or agency in the performance of its functions;

10) APPOINT its officers and employees in accordance with the law; and


DOMESTIC

ROLE OF CHRP

11) Perform such OTHER DUTIES and functions as may be provided BY LAW.

(Sec 18 (11) Art XIII 1987 Philippine Constitution)

DOMESTIC

ROLE OF CHRP

Republic Act No. 9372HUMAN SECURITY ACT OF 2007

Sec. 19 - Period of Detention in the Event of an Actual or Imminent Terrorist Attack“may not be detained for more than three days without the written approval of a municipal, city, provincial or regional office of Human Rights Commission”Sec. 55 – Role of the Commission on Human Rights“the Commission shall have the concurrent jurisdiction to prosecutepublic officials, law enforcers, and other persons who may have violated the civil and political rights of persons suspected of, accused of, or detained for the crime of terrorism or conspiracy to commit terrorism”

To advise, assist and monitor the government in:

1. any legislative agenda or administrative issuances;

2. any situation of violation of human rights;3. the preparation of report on human rights

situation; and 4. drawing the attention of Government to

situations in any part of the country where hr are violated and making proposals to it for initiatives to put an end to such situation

ROLE OF CHRP

DOMESTIC

“The Administration’s ‘no permit, no rally policy’ is illegal and without constitutional basis.The policy on protest should not include prior restraint. ”

– Chairperson Quisumbing(“No permit, no rally policy illegal -CHR” Manila Times , September 28, 2005, page A3)

CHRP AS ADVISER-MONITORON GOVERNMENT’S CPR POLICY

ROLE OF CHRP

HUMAN RIGHTS ADVISORYCHRP A2005-05

“ON THE ADMINISTRATION’SCALIBRATED PREEMPTIVE RESPONSE (CPR) POLICY”

Issued on this 15th day of December 2005, at Quezon City, Philippines


On 25 April 2006, the Supreme Court upheld the CHR’s stand, “that the CPR policy has no place in our legal firmament and must be struck down that shrouds freedom. It merely confuses our people and is used by some police agents to justify abuses”. (Bayan, et.al v. Eduardo Ermita, et.al, GR No. 169838; Del Prado, et.al v. Executive Secretary, et.al; GR No. 169848; KMU v. Eduardo Ermita, et.al, GR No. 169881 )


ROLE OF CHRP

On 3 October 2006, the CHR Chair appeared before the “Melo Commission” as Resource Person where she suggested that there is a need to fast track cases of extrajudicial killings such as the creation of special courts to try human rights cases

On 5 January 2007, CHR’s meeting with the Security Cluster of the Cabinet, the Commission en banc urged the executive branch to communicate to the judiciary the creation of special hr courts

CHRP AS ADVISER-MONITOR

ON EXPRESS LANE FOR HR CASES

ROLE OF CHRP

“The whole justice system will have to make a niche for these human rights cases… The SC should designate special courts to handle these cases. We already have special courts for heinous crimes, for children. Why can’t there be a special court for human rights? In Indonesia, they already have human rights courts”

– Chairperson Quisumbing(“CHR suggests special courts for human rights cases” Malaya, December 9, 2006, page A2)

CHRP AS ADVISER-MONITORON SPECIAL COURTS

ROLE OF CHRP

one of the Melo Commission’s recommendations was to ask the Supreme Court to establish the special courts for the expeditious trial of cases involving unexplained killings of a political or ideological nature.



ROLE OF CHRP

On 1 March 2007, Chief Justice ReynatoPuno issued Administrative Order No. 25-2007 on the designation of 99 special courts to try and decide cases involving killings of political activists and members of media.



ROLE OF CHRP

Principles Relating to the Status of National Institutions (PARIS PRINCIPLES)

Competence and Responsibilitieso To provide broad mandate in the promotion

and protection of human rights o To harmonize legislation with international

human rights instrumentso To cooperate with UN and other

organizations

INTERNATIONAL ROLE OF CHRP

ROLE OF CHRP

o To encourage ratification or accession to international hr instruments

o To contribute to the reports which States are required to submit (treaty obligations)

o To assist in the development of hr education


The CHR is urging the Government to ratifyThe International Convention on the

Protection of All Persons from Enforced Disappearance

ROLE OF CHRP


Composition and guarantees of independence and pluralismo Independence through legal and operational

autonomyo Independence through appointment and

dismissal procedureso Independence through compositiono Independence through financial autonomy

INTERNATIONAL

ROLE OF CHRP


Methods of operationCommissions with quasi-jurisdictional competence o To consider individual petitions and complaintso To hear or transmit complaints to competent

authoritieso To propose amendments or reform laws or

regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights, amici curiae.

INTERNATIONAL

ROLE OF CHRP

United Nations MechanismTreaty bodiesSpecial Rapporteurso Special Rapporteur on Extrajudicial,

Summary or Arbitrary Executions (Professor Philip Alston)

INTERNATIONAL

ROLE OF CHRP

EXTRAJUDICIALKILLINGS

The Congress shall give highest priority to the enactment of measures that protect and enhance the right of

all the people to human dignity, reduce social, economic, and political

inequalities, and remove cultural inequities by equitably diffusing

wealth and political power for the common good.*

* Section 1, Article XIII, 1987 Philippine Constitution

The government effort to address political killings and enforced disappearances are ‘still vague’ because their effects are still ‘not clear’ - Chairperson Quisumbing(“CHR urges Gloria to act on killings”Malaya, July 29, 2006, pages A1 and A7)

EXTRAJUDICIAL KILLINGS


“THE SPATE OF KILLINGS OF FILIPINO JOURNALISTSAND THE GRAVAMEN OF IMPUNITY WITH THE LAW”

Done in Quezon City, Philippines on this 15th day of July 2005.



“THE SPATE OF KILLINGS OF FILIPINO JOURNALI8TSAND THE GRAVAMEN OF IMPUNITY WITH THE LAW”

The Role of the Commission on Human Rights

Is the Commission merely duplicating what law enforcement is doing or not doing? Victims go to the Commission on Human Rights because they see it as an agency of last resort….The fact that victims to the Commission is a symptom of impunity, usually feeling that cases are neglected, whitewashed or ignored.

The fact that victims to the Commission is a symptom of impunity, usually feeling that cases are neglected, whitewashed or ignored.


Both government and armed groups must prohibit and must be perceived to prohibit unlawful killings.CHRP noted a pattern of acquiescence and complacency on the killings of journalists The Philippines is only second to Iraq as the most dangerous place for journalists

KILLINGS AND IMPUNITY


The Advisory called attention to IMPUNITY that indicates the absence of the rule of law. . . breeds brazen acts of violation of human rights . . and is an obstacle to development and the advancement of a democratic system. A culture of impunity leads to continued arbitrary killings and contributes to the uncontrollable spiralling of violence.

KILLINGS AND IMPUNITY



“ADVISORY ON THE KILLINGS OF MEMBERS OF BAYAN MUNA, ANAKPAWIS, GABRIELA

And OTHER ALLIED ORGANIZATIONS”

July 8, 2005.


“that while the rising number of murders should be a cause of concern, the government’s inability to solve previous cases of slaying sows more fear among relatives of the victims and the militant organizations to which they belong.”

- Chairperson Quisumbing(“CHR chief cites gov’t failure to show resolve on killings” Manila Bulletin, February 20, 2007, page 16)


21 August 2006: AO 157 (MELO COMMISSION)"Creating an Independent Commission to Address Media

and Activist Killings"

8 December 2006: AO 163 “Strengthening and Increasing the Membership of the

PRESIDENTIAL HUMAN RIGHTS COMMITTEE, and expanding further the functions of said Committee”

February 2007: the President ordered from her special funds the release of PhP 25 million to CHRP’s anti-EJK program

1 March 2007: AO 25-2007 - SC designates special courts

GOVERNTMENT RESPONSE


RESOLUTIONCHR CASE NO. 1V-03-0368

16 March 2004. Quezon City, Philippines

ORLY MARCELLANA, MARIA GUMANOY, IREIN CUASAY AND CHRISTINE DE LA CRUZ

ComplainantsEDEN MARCELLANA AND EDDIE GUMANOY

Victims-versus-

COL. JOVITO S. PALPARAN, JR.Respondent

COMMAND RESPONSIBILITY

Command Responsibility*

•Observance and strict adherence to these rules by committed units and personnel is a command responsibility

•Non-observance or violation of these rules shall be dealt with accordingly•“Rules of Engagement for Internal Security Operations” issued on 10 August 1998 by then AFP Chief of Staff Gen. Joselin B. Nazareno

“The pattern of complaints that come to us show members of the Armed Forces and the PNP as suspects. That has to be addressed and we call on the military to do something about it…Not everybody is to be blamed but if a commander has killings in his area happening, even if he’s not really involved, it is his responsibility. The killings should stop.”

– Chairperson Quisumbing(“Gov’t must answer for all killings –CHR” Headline, Philippine Daily Inquirer, May 23, 2006, pages A1 and A4)


“We strongly condemn the spate of killings that have yet to be resolved and we have noted that there is a perceived pattern of the violation of the human right to life … If several deaths happened in just a week, this constitutes a pattern of impunity ”

– Chairperson Quisumbing(“Gov’t must answer for all killings – CHR”Headline, Philippine Daily Inquirer, May 23, 2006, pages A1 and A4)


Other United Nations MechanismNew UN Human Rights Councilo Universal Peer Reviewo National Human Rights Institutionso NGOs


ROLE OF CHRP

What is or should be the role of the Commission on Human Rights of the Philippines (CHRP) in addressing human rights in general; extrajudicial killings and enforced disappearances in particular?

How can CHRP be made more effective component of the justice system in addressing human rights issues?

END OF PRESENTATION

END OF PRESENTATION

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CHRP AND EXTRAJUDICIAL KILLINGSpcij.org/blog/wp-docs/Quisumbing_CHRP.pdf · to fast track cases of extrajudicial killings such as the creation of special courts to try human ... ‘still