Sponsorship Speech for Senate Resolution No.

365
RECOGNIZING THE IMPORTANT ROLE OF THE COMMISSION ON
HUMAN RIGHTS ON THE OCCASION OF ITS THIRTIETH FOUNDING
ANNIVERSARY ON 05 MAY 2017

Magandang Hapon sa Ating Lahat!

Today, 08 May 2017, marks the first Monday following the celebration of the
Commission on Human Rights’ thirtieth founding anniversary last Friday, May 05,
and it is my honor to speak on its special status and importance and why it is
particularly relevant during these challenging times.

The CHR was established under the 1987 Constitution as an independent

commission for the promotion and protection of human rights of Filipinos, both at
home and overseas. This two-pronged comprehensive mandate is exercised through
investigation, monitoring, research and education all within the context of ensuring
that the State complies with and brings to the level of national implementation its
legally binding commitments under human rights conventions.

Over the years, Philippine laws have echoed if not strengthened the CHR’s
mandate through the introduction of new and additional responsibilities. Kabilang
na dito ang Republic No. 9262 or the Anti-Violence Against Women and Children
Act of 2004, Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006,
Republic Act No. 9372 or the Human Security Act of 2007, Republic Act No. 9710 or
the Magna Carta of Women (which designates CHR as the Gender Ombud, a special
mechanism for investigating discriminatory acts against women), at ang
napapanahon na Republic Act No. 9745 or the Anti-Torture Act of 2009 kung saan
pinagbabawal ang mga lihim na piitan, pambabartolina, hindi makatao, malupit o
labis na pagpapahirap, pisikal at maging sikolohikal. These statutes underscore the
importance of CHR in ensuring that the rule of law is respected by government
institutions and officials, and observed in legal processes to promote and protect
human rights. Napapanahon o timely because quite recently or on April 27, CHR
discovered a “lock-up cell” with twelve (12) individuals consisting of women and
men, detained inside Police Station 1 in Tondo, Manila. This discovery made through
the efforts of the CHR regional office in Metro Manila is an example of CHR’s
exercise of its constitutional mandate to monitor jails and detention places. The
exercise of this mandate must be unhampered for the CHR to be able to deliver the
full measure of protection to prisoners and persons deprived of liberty. Marahil may
magtatanong kung bakit may mga krimen na nangyayari sa mga kulungan kung may
Komisyon ng Karapatang Pantao naman pala na may kapangyarihang dumalaw ano
mang oras, sumubaybay at mag-imbestiga. Sa kabila ng napakaraming paglabag sa
karapatang pantao sa bansa natin ngayon, patuloy ang pag-tugon ng CHR sa samut-
saring pag-hingi ng tulong. Pero kailangan nating tandaan na ang CHR ay hindi
tagapag-patupad ng batas.
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 CHR is not a law enforcement agency but we know for certain that it has
achieved notable accomplishments in areas and on issues where law enforcement
tragically failed. Mr. President, my fellow Senators, we cannot deny that the CHR is
the agency that acted on reports of the existence of the Davao Death Squad. These
reports came from reputable sources, including from a United Nations mandate-
holder, back in the days when the word Special Rapporteur did not sow panic on
government leaders and did not prompt re-writing of facts and truths in the
internet.. But above and beyond the reference to the city where the DDS infamously
thrived, the frightful picture of extrajudicial killings was unearthed by the CHR for
the world to see.

It was in 2009 when the CHR through the leadership of its then Chairperson,
now Senator Leila M. De Lima, embarked on a bold mission to Davao and found
compelling evidence that the Davao Death Squad exists. 1 In an apparent and
unfortunate “throwback” to the criminality that demanded the CHR investigation,
hundreds and thousands began to fall in the night as the new government of
President Rodrigo Duterte started its so-called war on drugs, a semi-holocaust policy
that claimed thousands of lives of suspected criminals. Once again, victims who are
lucky enough to come out alive from the killing fields, commonly a landscape of
poverty and defenselessness, or their families come to the CHR for protection.

However, while the Commission continues in its quest for truth and justice for
the dead and those they have left behind, to unmask the hooded faces of the blood-
thirsty and blind followers of the false messiah of the Philippines, there is a threat of
graver human rights violations from all corners that threaten to undermine our legal
system. The campaign to reinstate the death penalty, and lower the minimum age of
criminal liability to nine years old to ensure that children go to jail are in conflict
with our human rights commitment, those contractual obligations entered into by
our government and its officials with full powers as required by the law on treaties.
These too fall within the programmatic jurisdiction of CHR and the universe of
stakeholders consists of both formal institutions and civil society.

As a national human rights institution, with the distinction of being the first in
the Southeast Asia region, the CHR has been a faithful steward of rights inherent in
us all. For thirty years, it has helped shaped our laws and link our government to the
global organizations including the United Nations. The CHR continues to help
government bring to the level of domestic implementation binding treaty obligations,
and educated many us on subjects such as juvenile justice, combatting violence
against women, and justiciability of economic social and cultural rights. In the early
years of our democracy, these were emerging areas of concern and especially
unknown to us because they were either repressed or violated with impunity by the
dictator.
1 See CHR Resolution on the Davao Death Squad, <http://198.23.173.74/chr/wp-content/uploads/Davao-
Death-Squad001-Resolution.pdf>, (visited on 02 May 2017).
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 Contrary to the opinion of misguided individuals, the CHR is not designed and
does not work to contravene efforts of government for a better Philippines. It is here
to ascertain that as we move forward into the future, we do so in a manner that does
not sacrifice human rights and the individual’s prerogative to enjoy liberty and the
blessings of democracy.

Mr. President, fellow Senators, let us not allow the thirty years of human
rights struggle fall behind to become a forgotten lesson in history, even as we aim to
provide for safer communities. A safe world after all is not in conflict with, but is
affirmed by human rights, even strengthened by it.

Tulungan po natin ang Komisyon ng Karapatang Pantao na magampanan ang

tungkulin nito ayon sa ating saligang batas. Dito sa ating bakuran, naghihintay na po
ng pag-dinig ang Senate Bill No. 1230 AN ACT STRENGTHENING THE
COMMISSION ON HUMAN RIGHTS OF THE PHILIPPINES AS THE NATIONAL
HUMAN RIGHTS INSTITUTION, AND FOR OTHER PURPOSES.

Today is the scheduled consideration of the Philippine national report at the

Human Rights Council for the 3rd cycle of its Universal Period Review. It will be an
opportune time to affirm our commitment to human rights and fundamental
freedoms by commencing the process of crafting the CHR Charter. The national
report itself points to such legislative measure when it expressly states that

“153. Congress recognized the need for the CHR to

increase its resources and expand its activities in
relation to the investigation of human rights cases,
provision of assistance to victims and other
operational programs. CHR’s budget of PhP 439
million in 2016 almost doubled to PhP 724.9 in 2017.
From 2012-2017, the CHR budget grew by 165%. A bill
has also been filed to strengthen the CHR’s functional
and structural organization, equipping it with
prosecutorial and quasi-judicial power to make it
more effective.”2

Mr. President, nasimulan na natin ang pagkilala sa pangangailangan ng

sambayanan na pangalagaan ang karapatang pantao, bigyan natin ng katuparan ang
pinagbuwisan ng buhay ng marami sa ating kababayan, isa-batas po natin ang CHR
Charter.

Magandang hapon muli.

2 SeeA /HRC/WG.6/27/PHL/1, available at

<http://www.ohchr.org/EN/HRBodies/UPR/Pages/PHSession27.aspx>, 08 May 2017.
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