- Algeria
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- Kenya
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- Mauritius
- Morocco
- Namibia
- Nigeria
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- International Commission of Investigation on Human Rights Violations in Rwanda since 1 October 1990
- International Criminal Tribunal for Rwanda
- International Panel of Eminent Personalities to Investigate the 1994 Genocide in Rwanda and the Surrounding Events
- National Unity and Reconciliation Commission
- Gacaca Courts
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LATEST UPDATE
The commission has four active programmes. Three focus on the protection, promotion and development of human rights in general in the Philippines and the fourth focuses on specialised areas, such as children’s and women’s rights [Commission on Human Rights]. In order to ensure the commission’s accessibility, regional offices have been opened throughout the provinces and neighbourhood offices have been established at the grassroots level.
TRANSITIONAL JUSTICE PROCESSES
Updated in May 2011
Updated in May 2011
Updated in May 2011
Philippines: Commission on Human Rights
- Details
- Category: Mechanism
- Created on Thursday, 20 October 2011 23:32
- Last Updated on Wednesday, 14 December 2011 22:32
- Published on Wednesday, 30 November -0001 00:00
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NAME OF MECHANISM
Commission on Human Rights
PERIOD OF OPERATION
1987 – present. The Commission on Human Rights was provided for by Article XIII, Section 17 of the amended Philippines constitution of 1987. In May 1987, President Corazon Aquino signed Executive Order No. 163, which established the commission.
MANDATE AND OPERATIONS
Mandate: The independence and autonomy of the Commission on Human Rights is guaranteed by Section 18 of the 1987 constitution. Overall, the commission’s mission is to “prevent, investigate, report and monitor human rights violations and abuses” [Commission on Human Rights]. The constitution gives the commission investigative powers in relation to all forms of human rights violations involving civil and political rights, as well as legislative powers to establish measures for the protection of human rights in the Philippines. The commission is responsible for providing for preventive measures and legal aid services to the underprivileged, as well as for creating awareness of and enhancing respect for human rights. The commission is further mandated to compensate victims of human rights violations or their families.
The commission has a monitoring function and is mandated to supervise the Philippine government's compliance with international human rights law. It has the power to grant immunity from prosecution to witnesses where necessary in order to perform its truth-seeking functions. Finally, the commission may request the assistance of any government office.
In 1991, the Supreme Court of the Philippines ruled in the Cariño v. Commission on Human Rights case that the commission does not possess the power of adjudication and emphasised that its functions are primarily investigatory.
Staff: The commission is composed of a chairperson and four other commissioners, the majority of whom are members of the Bar. The commission is currently chaired by Loretta Rosales, who was appointed in September 2010 by President Benigno Aquino III.
Budget: The commission's budget is allocated by Congress. The commission receives funding on an annual basis [Human Rights Documentation Center | 2003].
RESOURCES
Commission on Human Rights official website
Cariño v. Commission on Human Rights judgement [1991]
Executive Order No. 163 [1987]
RESULTS
The commission has four active programmes. Three focus on the protection, promotion and development of human rights in general in the Philippines and the fourth focuses on specialised areas, such as children’s and women’s rights [Commission on Human Rights]. In order to ensure the commission’s accessibility, regional offices have been opened throughout the provinces and neighbourhood offices have been established at the grassroots level.
In 2011, various efforts were made to strengthen the commission by granting it prosecutorial powers. In April 2011, House Bills No. 55 and No. 1141, which would “empower the Commission to take action or take over human rights-related incident in the event the state’s prosecution agency under the Department of Justice fails to initiate a preliminary investigation within 90 working days from the filing of a case,” gained support in the House of Representatives [Business World | 24 Apr 2011].
In May 2011, Senator Francis Escudero pushed for the passing of House Bill No. 1437, which would provide the commission with prosecutorial powers. According to Escudero, the bill’s aim is to expand the commission’s current mandate from examining civil and political rights violations only to examining violations of economic, social and cultural rights as well. With the passage of the Bill No. 1437, the commission would be “empowered to carry out more effective and authoritative decisions if its jurisdiction includes quasi-judicial power” [Manila Bulletin | 17 May 2011].
SOURCES
[Business World | 24 Apr 2011]
[Human Rights Documentation Center | 2003]
[Manila Bulletin | 17 May 2011]