National Human Rights Institutions in the Philippines and around the world

By: Diego GalanJohn HernandezChristian Baun

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Submitted to: Commissioner SarmientoWhat are National Human Rights Institutions?

They are administrative bodies set up to defend or monitorhuman rightsin a given country. The growth of such bodies has been encouraged by theOffice of the United Nations High Commissioner for Human Rights(OHCHR) which has provided advisory and support services, and facilitated access for NHRIs to the UNtreatybodies and other committees.There are over 100 such institutions, about two-thirds assessed bypeer reviewas compliant with theUnited Nationsstandards set out in theParis Principles. Compliance with the Principles is the basis foraccreditationat the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of theInternational Coordinating Committee of National Human Rights Institutions(ICC). The secretariat to the review process (for initial accreditation, and reaccreditation every five years) is provided by the National Institutions and Regional Mechanisms Section of the OHCHR. These institutions can be grouped together in two broad categories:human rights commissionsandombudsmen. While most ombudsman agencies have their powers vested in a single person, human rights commissions are multi-member committees, often representative of various social groups and political tendencies. They are sometimes set up to deal with specific issues such asdiscrimination, although some are bodies with very broad responsibilities. Specialized national institutions exist in many countries to protect the rights of a particularvulnerablegroup such asethnicandlinguisticminorities,indigenous peoples,children,refugeespersons withdisabilitiesorwomen.However, in general terms national human rights institution have an explicit and specific human rights mandate and a broader mandate, which could include research, documentation and training andeducation in human rights issues, than the classical ombudsman model which tends to work on handling complaints about administrative deficiencies. While all human rights violations aremaladministration, only a small proportion of the workload of an ombudsman deals with violations of human rights standards.In most countries, aconstitution, a human rights act or institution-specific legislation will provide for the establishment of a national human rights institution. The degree of independence of these institutions depends upon national law, and best practice requires a constitutional or statutory basis rather than (for example) a presidential decree.Nations human rights institutions are also referred to by theVienna Declaration and Program of Actionand theConvention on the Rights of Persons with Disabilities.Functions of National Human Rights Institutions around the world

Special commissions have been established in many countries to ensure that laws and regulations concerning the protection of human rights are effectively applied. Commissions tend to be composed of members from diverse backgrounds, often with a particular interest, expertise or experience in the field of human rights.Human rights commissions are concerned primarily with the protection of those within the jurisdiction of the state againstdiscriminationor mistreatment, and with the protection ofcivil libertiesand other human rights. Some commissions concern themselves with alleged violations of any rights recognized in the constitution and/or ininternational human rights instruments.One of the most important functions vested in many human rights commissions is to receive and investigate complaints from individuals (and occasionally, from groups) alleging human rights abuses committed in violation of existing national law. While there are considerable differences in the procedures followed by various human rights commissions in the investigation and resolution of complaints, many rely onconciliationorarbitration. It is not unusual for a human rights commission to be granted authority to impose legally bindingoutcomes on parties to a complaint. If no special tribunal has been established, the commission may be able to transfer unresolved complaints to the normal courts for a final determination.These organizations are usually able to deal with any human rights issue directly involving a public authority. In relation to non-state entities, some national human rights institutions have at least one of the following functions: addressing grievances or disputes involving certain kinds of company (for instance state-owned enterprises, private companies providing public services, or companies that operate at the federal level) addressing only certain types of human rights issue (for instancenon-discriminationorlabor rights) Addressing complaints or disputes raising any human rights issue and involving any company. The degree to which the recommendations or rulings produced by a human rights institution can be enforced varies based on the human rights climate surrounding the institution.Another important function of a human rights commission is systematically to review a government's human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving. This often includes human rights proofing of draft legislation, or policies.Human rights commissionsmay also monitor the state's compliance with its own and with international human rights laws and if necessary, recommend changes. The realization of human rights cannot be achieved solely through legislation and administrative arrangements; therefore, commissions are often entrusted with the important responsibility of improving communityawarenessof human rights.According to theParis Principles, the 'National human rights institutions' are obliged to make "preparation of reports on the national situation with regard to human rights in general, and on more specific matters;" and this is mostly done in annual status reports.Promoting and educating about human rights may involve informing the public about the commission's own functions and purposes; provoking discussion about various important questions in the field of human rights; organizing seminars; holding counselling services and meetings; as well as producing and disseminating human rights publications.

The Commission on Human Rights in the PhilippinesThe Commission on Human Rights in the Philippines, a government constitutional office is mandated to establish continuing programs of research, education, and to enhance respect for the primacy of human rights. To fulfill this mandate, it established linkages and collaboration efforts with the then Department of Education, Culture and Sports (DECS), presently the Department of Education (DEPED) with this effort, the two agencies forged a Joint of Declaration of Undertaking (JDU) in 1992 and a Memorandum of Agreement (MOA) in 1996 which provided among others, development of human rights education curriculum for integration across the two levels of education.Under Section 18, Article XIII of the Philippine Constitution, the Commission is vested with the authority to investigate all forms of human rights violations involving civil and political rights, adopt rules of procedure and issuecontempt citations, provide appropriate legal measures for the protection of human rights of all persons within the Philippines, and several other powers in relation to the protection of human rights.An interesting development took place when the Supreme Court of the Philippines, inCario v. Commission on Human Rights,declared that the Commission did not have thepower of adjudication, and emphasized that its functions were primarily investigatory. The Commission of Human Rights by the 1987 Constitution was envisioned to be, first and foremost, an independent body capable of ensuring that human rights as an inherent part of the right to life guaranteed by the Bill of Rights is protected, pursuant to treaty obligations, in a manner befitting the memory of those who had fallen in their quest to restore democracy to the country.

References:

International Coordinating Committee (ICC) of National Human Rights Institutions- Official website for the ICC UNHCHR Universal Declaration of Human Rights 1948 National Human Rights Institution (NHRI) Profiles(ACCESS Facility) http://www.amnesty.org.ph/hre/ http://www.ombudsman.gov.ph/UNDP4/the-state-of-human-rights-education-in-the-philippines-issues-concerns-and-directions/index.html