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Lapid bill to empower CHR; here's how

Published Dec 9, 2023 03:21 pm

At A Glance

  • Senator Lito Lapid wants to give more teeth to the Commission on Human Rights (CHR) by expanding its structural, operational, and functional independence.

Senator Lito Lapid wants to give more teeth to the Commission on Human Rights (CHR) by expanding its structural, operational, and functional independence.

He made the statement ahead of the commemoration of International Human Rights Day on Dec. 10.

He said his measure, Senate Bill No. (SBN) 2487, also guarantees the CHR’s full fiscal autonomy “to ensure prompt, immediate, and unrestricted discharge of its functions".

Under the bill, appropriations for the Commission shall not be reduced and shall be automatically and regularly released.

“(The bill) defines the general powers and functions of the Commission, and grants it with full authority to act on all cases of human rights violations. In addition, it vests the CHR with the power to issue injunctive reliefs and legal measures,” Lapid explained.

The CHR is an independent body created under the 1987 Constitution. It was constituted on May 5, 1987 via Executive Order (EO) No. 163, s. 1987, for the protection and promotion of the human rights of all persons within the Philippines, as well as Filipinos residing abroad. It is regarded as the country’s National Human Rights Institution (NHRI).

However, in its 36 years of existence, the CHR is limited from reaching its full potential and in becoming fully compliant with the requirements of the Paris Principles or the “Principles Relating to the Status of National Human Rights Institutions", the senator said.

“The country needs a CHR that is truly independent and with full fiscal autonomy. Today, more than ever, we need a more active CHR, one that is not strapped to the task of investigation or that cannot recognize cases of human rights violations other than those involving civil and political rights. We need a CHR that can address the challenge of protecting and promoting the human rights of all, especially the vulnerable, the disadvantaged, and the marginalized sectors of society,” Lapid stressed. 

The bill says that one of the functions of the CHR is to provide safety to witnesses and human rights defenders under threat, and to implement and manage a witness protection service. 

The CHR shall also develop and implement a human rights information campaign program for the public, and establish a Human Rights Institute (HRI) for the promotion and education of human rights and related fields and shall serve as a training institute for investigators, prosecutors, justices, judges, lawyers, and other human rights workers. 

The CHR is mandated to render legal assistance to the underprivileged victims of human rights violations, prepare and make public annual report on the findings of its monitoring activities.

Under the measure, the commission may grant immunity from prosecution to any person whose testimony or possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority.

The CHR, under its investigative function, can compel the attendance of witnesses and the production of evidence, to place the witness under oath or affirmation, issue subpoenas, and take testimony in any investigation or inquiry conducted by the Commission or any of its offices.

It can also cite for contempt of any person for violating the Commission’s Rules of Procedures and lawful orders.

“The proposed charter for the CHR is a significant step towards reinforcing the protection of human rights in the Philippines, aligning with the global commitment to fostering a world where the dignity and rights of every individual are upheld,” Lapid said.
 

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Commission on Human Rights Senator Lito Lapid
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