In the recent attempt of our congress to cripple the Commission on Human Rights by giving it an alarming hand-to-mouth budget is a blatant evasion and disregard of the intendments of the Constitution which created the Commission. The same should be struck down for being constitutionally offensive as it is a clear insidious act of annilation of an organ created by the basic law which cannot be done without amending the law itslef.
HUMAN RIGHTS, I suppose we all know that. But for the purpose of reminding us, allow me to quote - Human Rights is the basic set of moral rights that all human beings are entitled to receive such as the right to life, liberty, freedoms of speech and religion, the right of due process and equal protection of the laws.
Respect to Human Rigths is a peremptory norm of International Law from which no derogation is allowed thru law, treaty or any form of agreement.
This is a norm accepted by every civilized State which has the status of a peremptory, absolute, mandatory, uncompromising custom of International Law.
Our 1987 Philippine Constituion, nothing less, has created our independent office of the Commission on Human Rights under Section 17, Article XIII as a hallmark to our high regards on the respect to human rights. But how does it function? What are the mandates of this Commission?
Sadly, what we only see or hear from the traditional media is the Commission speaking in cases when there are alleged abuses made by persons in authority in the performance of their duties.
This leads to the frustration of many of us Filipinos asking are not these victims of rape, murder, robbery and many other cases perpetrated by alleged drug addicts also victims of human rights violations.
The answer is a plain yes. All these people who have been killed, raped, robbed, kidnapped, etc., are also victims of human rights violations regardless of who the offenders are.
The reports in media have created a certain pattern as though the function of the Commission were only to monitor the Philippine Government's compliance with international treaty obligations on human rights. However, the powers and functions of the Commission far exceed than what we hear or see from daily news shown to us by the media.
The first mandate of the CHR is to investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights. In this, we can infer that the law makes no distinction as to who the offender is - whether it is a private or person in authority. Hence, needless to say, CHR can investigate all kinds of violations done against any individual committed by any other person.
But do not get the CHR wrong if no one can be prosecuted or adjudged as violator of human rights or be punished for criminal offense. The CHR is only tasked to investigate and not to prosecute. It is not among the prosecution arms of the government.
The complete enumeration of the powers and functions of CHR are as follows:
Section 18. Art. XIII of the 1987 Constitution. The Commission on Human Rights shall have the following powers and functions:
(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 procedure, 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 measures and legal aid services to the under-privileged whose human rights have been violated or need protection;
(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 Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
(7) Monitor the Philippine Government's compliance with international treaty obligations 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;
(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 law; and
(11) Perform such other duties and functions as may be provided by law.
Notice that there are so many powers of the CHR and they are by themselves unimpeachable and only serve for the better protection of human rights enshrined under the Bill of Rights.
However, we only hear less of these being exercised. Maybe because they have been paid only to advertise to wrongs of the present administration? I don't know.
The law is not by itself the one corrupt, nor is the Commission. If there is one, it is the people that could be running the office. And let us not turn a blind eye against the reality that this is happening in almost all instrumentalities and agencies of the government.
But honestly enough, why should we cast the blame on others when the very corruption we hate so much initially started from us.
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