Tag Archive: extra-judicial killings


                     

Commission on Human Rights of the Philippines (CHRP)

SAAC Building, Commonwealth Avenue, U.P. Complex Diliman,

Quezon City, Philippines 1101

Submission to the Universal Periodic Review – Philippines

June 2012

A. The Commission on Human Rights 

1. The Commission on Human Rights of the Philippines (CHRP)  is the national human rights institution in the country with “A” status accreditation.  CHRP was created under the 1987 Constitution to investigate human rights violations, monitor government compliance with international human rights obligations, provide human rights education and training, among others.  This independent submission is a product of internal deliberations as well as regional and national consultations with Civil Society.[1]

 

B. Institutional and Legal Framework for Human Rights, New Developments

2. Since the first UPR session on the Philippines,[2] Congress has passed a number of laws on human rights related to the UPR recommendations.[3] Other major human rights laws have yet to be enacted including the Commission on Human Rights Charter, compensation to victims of human rights violations, and laws on protection against extra-judicial killings, enforced disappearance and protections for internally displaced persons.

3.  The CHR has been given additional substantive roles under the Magna Carta of Women, Anti-Torture Law, and IHL law. Without corresponding resources, these additional functions and the proposed prosecutorial mandate[4] would overburden the Commission and impair its effectiveness.  It still does not have full fiscal autonomy, its budget has been cut twice[5] and it lacks the power to determine its own organizational structure; all of which weaken its independence.  The long overdue CHR Charter bill[6] should be a priority as a long-term, institutional measure for human rights protection and promotion. Strengthening the National Human Rights Institution is a long-term measure for human rights protection and promotion.

C. Human Rights Protection and Promotion on the Ground

Related to UPR Recommendations

Recommendation  1[7] Violence against women, access to justice and rehabilitation and post-conflict care for women and children 

 4.  The Anti-Violence against Women and their Children Act[8] has been upheld by the Supreme Court as constitutional. Despite training programs for the judiciary, some court decisions seem to reflect the preference of some judges to not apply this law and other laws, including the 1997 special law on rape. A Court of Appeals decision shows gender stereotyping and high requirements for a woman to establish the occurrence of rape and lack of consent.[9]

5.  The Magna Carta of Women[10] addresses many of the issues related to discrimination and violence against women.[11]  However, though the law provides that “measures to prosecute and reform offenders shall likewise be pursued,” it does not establish how to accomplish this.

6.  Three cases have been filed in the CEDAW committee and the government has yet to respond to a request for an invitation from the CEDAW Committee.

7.  Addressing special needs for rehabilitation and post-conflict care of women and children in vulnerable situations and conflict areas remains a challenge. The CHR will adopt a monitoring tool[12] to systematically monitor the situation of vulnerable groups including women and children.                                                                                       

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HUMAN RIGHTS DEFENDERS-PILIPINAS

(Mr. Jonal Javier (in red shirt), Secretary General of HRD-Pilipinas during the 4th Regional HRD Forum in Manila)

Human Rights Defenders – Pilipinas or HRD-Pilipinas is a non-stock, non-profit organization duly registered under the PhilippinesSecurities and Exchange Commission (SEC).  It is a membership organization of individuals actively engaging in the promotion, defense, protection and fulfillment of “human rights for all” in the Philippines on various issues be it in civil, political, economic, social, cultural spheres or in the field of development and peace.

Human Rights Defenders-Pilipinas was born-out from the series of campaigns of civil society organizations against the rising phenomenon of extra-judicial killings of human rights workers and activists in Philippines in 2006.  This was highlighted with the official visit of the UN Special Rapporteur on Summary Execution Prof. Phillip Alston in March 2007; and, its subsequent report and recommendations on the Philippines at the UN Human Rights Council.  In 2008, under the Human Rights Defenders Program of the Task Force Detainees of the Philippines (TFDP), series of consultations were conducted on the situation and protection of HRDs.  In a resolution during the 1st National Conference of Human Rights Defenders on December 1-2, 2009 at De LaSalle University in Manila, participants to the gathering resolved to establish a formal organization of HRDs to look into possible protection mechanisms for HRDs and ways of enhancing their capabilities in doing human rights work.  A National Coordinating Committee was set-up to implement the resolution and manage the preparation of the organization.  On November 30 – December 1, 2010, the 1st National General Assembly was called for and participated in by 75 HRDs coming from Luzon, Visayas and Mindanao; formally launching the Human Rights Defenders – Pilipinas at the La Consolacion Convent, San Juan, Metro Manila. Continue reading

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