CHRP AND EXTRAJUDICIAL KILLINGS

CHRP AND CHRP AND EXTRAJUDICIAL KILLINGS EXTRAJUDICIAL KILLINGS Dr. PURIFICACION C. VALERA QUISUMBING Chairperson National Consultative Summit on Extrajudicial Killings and Enforced Disappearance Manila Hotel, 16 July 2007

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 THE COMMISSION Domestic Role Constitution Statutes International Role

DOMESTIC 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) ROLE OF CHRP

DOMESTIC 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 CONGRESS effective measures to promote human rights and to provide for COMPENSATION to victims of violations of human rights, or their families; (Sec 18 (4-6) Art XIII 1987 Philippine Constitution) ROLE OF CHRP

DOMESTIC 7) MONITOR the Philippine Government s 7 CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS compliance with international treaty on International Covenant on Civil and human rights; Political Rights International Covenant on Economic, Social and Cultural Rights International Convention on the Elimination 8) GRANT IMMUNITY of All Forms of Racial from Discrimination prosecution to Convention the Elimination of All Forms any person whose testimony or whose of Discrimination against Women Convention on the Rights of the Child Convention Against Torture and Other possession of documents Cruel, Inhuman or Degrading or Treatment other of evidence Punishment is necessary or International convenient Convention on to the Protection of All Migrant Workers and Members determine of their the Families truth in any investigation conducted by it or under its authority; ROLE OF CHRP (Sec 18 (7-8) Art XIII 1987 Philippine Constitution)

DOMESTIC Basic principles on treaty obligations: The government is primarily responsible for the promotion, protection and fulfilment of human rights All 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 (Sec 18 (9-10) Art XIII 1987 Philippine Constitution) ROLE OF CHRP

DOMESTIC 11) Perform such OTHER DUTIES and functions as may be provided BY LAW. (Sec 18 (11) Art XIII 1987 Philippine Constitution) Republic Act No. 9372 HUMAN 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 prosecute public 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 ROLE OF CHRP

DOMESTIC 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

ROLE OF CHRP CHRP AS ADVISER-MONITOR ON GOVERNMENT S CPR POLICY 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)

HUMAN RIGHTS ADVISORY CHRP A2005-05 ON THE ADMINISTRATION S CALIBRATED PREEMPTIVE RESPONSE (CPR) POLICY Issued on this 15 th day of December 2005, at Quezon City, Philippines CHRP AS ADVISER-MONITOR ON GOVERNMENT S CPR POLICY

CHRP AS ADVISER-MONITOR ON GOVERNMENT S CPR POLICY 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

CHRP AS ADVISER-MONITOR ON EXPRESS LANE FOR HR CASES 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 ROLE OF CHRP 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

ROLE OF CHRP CHRP AS ADVISER-MONITOR ON SPECIAL COURTS 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-MONITOR ON EXPRESS LANE FOR HR CASES 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

CHRP AS ADVISER-MONITOR ON EXPRESS LANE FOR HR CASES On 1 March 2007, Chief Justice Reynato Puno 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

INTERNATIONAL ROLE OF CHRP Principles Relating to the Status of National Institutions (PARIS PRINCIPLES) Competence and Responsibilities o o o To provide broad mandate in the promotion and protection of human rights To harmonize legislation with international human rights instruments To cooperate with UN and other organizations ROLE OF CHRP

INTERNATIONAL ROLE OF CHRP o o o To encourage ratification or accession to international hr instruments The CHR is urging the Government to ratify The International Convention on the To contribute to Protection the reports of All Persons which States from Enforced Disappearance are required to submit (treaty obligations) To assist in the development of hr education ROLE OF CHRP

Principles Relating to the Status of ROLE OF CHRP National Institutions (PARIS PRINCIPLES) Composition and guarantees of independence and pluralism o o o o INTERNATIONAL Independence through legal and operational autonomy Independence through appointment and dismissal procedures Independence through composition Independence through financial autonomy

ROLE OF CHRP Principles Relating to the Status of National Institutions (PARIS PRINCIPLES) Methods of operation Commissions with quasi-jurisdictional competence o o o INTERNATIONAL To consider individual petitions and complaints To hear or transmit complaints to competent authorities 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 United Nations Mechanism Treaty bodies Special Rapporteurs o Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions (Professor Philip Alston) ROLE OF CHRP

EXTRAJUDICIAL KILLINGS

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

HUMAN RIGHTS ADVISORY CHRP A2005-07 THE SPATE OF KILLINGS OF FILIPINO JOURNALISTS AND THE GRAVAMEN OF IMPUNITY WITH THE LAW Done in Quezon City, Philippines on this 15 th day of July 2005. EXTRAJUDICIAL KILLINGS

HUMAN RIGHTS ADVISORY CHRP A2005-07 THE SPATE OF KILLINGS OF FILIPINO JOURNALI8TS AND 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. EXTRAJUDICIAL KILLINGS

KILLINGS AND IMPUNITY 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 EXTRAJUDICIAL KILLINGS

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. EXTRAJUDICIAL KILLINGS

HUMAN RIGHTS ADVISORY CHRP A2005-05 ADVISORY ON THE KILLINGS OF MEMBERS OF BAYAN MUNA, ANAKPAWIS, GABRIELA And OTHER ALLIED ORGANIZATIONS July 8, 2005. EXTRAJUDICIAL KILLINGS

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) EXTRAJUDICIAL KILLINGS

GOVERNTMENT RESPONSE 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 EXTRAJUDICIAL KILLINGS

RESOLUTION CHR CASE NO. 1V-03-0368 16 March 2004. Quezon City, Philippines ORLY MARCELLANA, MARIA GUMANOY, IREIN CUASAY AND CHRISTINE DE LA CRUZ Complainants EDEN MARCELLANA AND EDDIE GUMANOY Victims -versus- COL. JOVITO S. PALPARAN, JR. Respondent 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 COMMAND RESPONSIBILITY

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) EXTRAJUDICIAL KILLINGS

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) EXTRAJUDICIAL KILLINGS

INTERNATIONAL ROLE OF CHRP Other United Nations Mechanism New UN Human Rights Council o Universal Peer Review o National Human Rights Institutions o NGOs ROLE OF CHRP

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