CHRP

Commission on Human Rights of the Philippines

 An independent national human rights institution
 Established as a response to the grave human rights abuses experienced by Filipino people
during the martial law rule
 Created by virtue of the 1987 Constitution, Art. XIII, Sec. 17

Who we serve
 All persons within the Philippines and Filipinos abroad
 Both rights-holders and duty-bearers.
 Victims of human rights violations, their families as well as those witnesses whose testimony is
vital in the investigation and prosecution of human rights violations.
 All national government agencies and instrumentalities within the Executive, Legislature and
Judiciary, independent constitutional commissions, Local Government Units, government-
owned and controlled corporations, state universities and colleges, civil society groups.
 Regional and international community to strengthen our work in the promotion and protection
of all human rights for all.

National Laws giving specific mandates to CHR

 RA 9344 Juvenile Justice and Welfare Act of 2006
 RA 9745 Anti-Torture Act of 2009
 RA 9851 International Humanitarian Law of 2009
 RA 9710 Magna Carta of Women
 RA 10353 Anti-Enforced Disappearance Law of 2012
 RA 10368 HR Victims Reparation and Recognition Act of 2013

State Responsibility
 Respect
 Protect
 Fulfil

Powers & Functions of the CHR

 Investigate all forms of human rights violations.
 Exercise visitorial powers over jails, prisons, or detention facilities
 Establish a continuing program of research, education, and information to enhance respect for
the primacy of human rights
 Recommend to Congress effective measures to promote human rights to provide compensation
to victims of violations of human rights or their families.
 Monitor the Philippine Government’s compliance with international treaty obligations on
human rights.
  Provide appropriate legal measures for protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad.
 Request the assistance of any department, bureau, office or agency in the performance of its
functions.

UNOHCHR
United Nations Office of the High Commission for Human Rights
 works to offer the best expertise and support to the different human rights monitoring
mechanisms in the United Nations system
o UN Charter-based bodies, including the Human Rights Council
o bodies created under the international human rights treaties 
 Charter-based bodies
o Human Rights Council
 The Human Rights Council (HRC), which replaced the Commission on Human
Rights, held its first meeting on 19 June 2006. 
 It is an inter-governmental body within the United Nations system made up of
47 States responsible for the promotion and protection of all human rights
around the globe.
 It is a forum empowered to prevent abuses, inequity and discrimination, protect
the most vulnerable, and expose perpetrators.
 HRC is a separate entity from OHCHR. This distinction originates from the
separate mandates they were given by the General Assembly. Nevertheless,
OHCHR provides substantive support for the meetings of the Human Rights
Council, and follow-up to the Council's deliberations.
o Universal Periodic Review
 The Universal Periodic Review (UPR) is a unique process which involves a review
of the human rights records of all UN Member States.
 UPR is a State-driven process, under the auspices of the Human Rights Council,
which provides the opportunity for each State to declare what actions they have
taken to improve the human rights situations in their countries and to fulfil their
human rights obligations. 
o Commission on Human Rights (replaced by the Human Rights Council 2006)
o Special Procedures of the Human Rights Council
 Special Procedures is the general name given to the mechanisms established by
the Commission on Human Rights and assumed by the Human Rights Council to
address either specific country situations or thematic issues in all parts of the
world. 
  Special Procedures are either an individual -a special rapporteur or
independent expert-or a working group. 
o Human Rights Council Complaint Procedure
 Treaty-based bodies
 o Committee on the Elimination of Racial Discrimination (CERD)
o Committee on Economic, Social and Cultural Rights (CESCR)
o Human Rights Committee (CCPR)
o Committee on the Elimination of Discrimination Against Women (CEDAW)
o Committee Against Torture (CAT)
o Committee on the Rights of the Child (CRC)
o Committee on Migrant Workers (CMW)
o Subcommittee on Prevention of Torture (SPT)
o Committee on the Rights of Persons with Disabilities (CRPD)
o Committee on Enforced Disappearances (CED)

There are several other important United Nations bodies which are concerned with the promotion and
protection of human rights. These bodies are not serviced by OHCHR and include:
• United Nations General Assembly
• Third Committee of the General Assembly
• Economic and Social Council
• International Court of Justice

Many United Nations agencies and partners are also involved in the promotion and protection of human
rights and interact with the main human rights bodies:
• United Nations High Commissioner for Refugees (UNHCR)
• Office for the Coordination of Humanitarian Affairs (OCHA)
• Inter-Agency Internal Displacement Division (IIDD)
• International Labour Organization (ILO)
• World Health Organization (WHO)
• United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Joint United Nations Programme on HIV/AIDS (UNAIDS)
• Department of Economic and Social Affairs (DESA)
• Commission on the Status of Women (CSW)
• Office of the Special Adviser on Gender Issues and the Advancement of Women (OSAGI)
• Division for the Advancement of Women (DAW)
• United Nations Population Fund (UNFPA)
• United Nations Children’s Fund (UNICEF)
• United Nations Entity for Gender Equality and the Empowerment of Women (UN-WOMEN)
• United Nations Development Programme (UNDP)
• Food and Agriculture Organization of the United Nations (FAO)
• United Nations Human Settlements Programme (HABITAT)
• United Nations Mine Action

Human Rights Bodies – Complaints Procedures

 Individual Communications
 o Through Treaty Bodies:
 CCPR
 CEDAW
 CAT
 CERD
 CRPD
 CED
 CESCR
 CRC
o Who can complain?
 1) Anyone can lodge a complaint with a Committee against a State:
*That is party to the treaty in question (through ratification or accession)
providing for the rights which have allegedly been violated;
*That accepted the Committee's competence to examine individual complaints,
either through ratification or accession to an Optional Protocol or by making a
declaration to that effect under a specific article of the Convention.
 2) Complaints may also be brought by third parties on behalf of individuals,
provided they have given their written consent.
 3) Third parties on behalf of individuals without consent where a person cannot
give consent (no access to the outside world)
 State-to-State Complaints
o State parties complain to the relevant treaty body (Committee) about alleged violations
of the treaty by another State party.
o In 2018, 3 inter-state communications were submitted under Art. 11 of the Convention
on the Elimination of All Forms of Discrimination, first time in its history.
o CAT, CMW, CED, ICESCR and CRC set out a procedure for the relevant Committee itself
to consider complaints from one State party which considers that another State party is
not giving effect to the provisions of the Convention. This procedure applies only to
States parties who have made a declaration accepting the competence of the
Committee in this regard.
o CERD, CCPR and CRC set out a more elaborate procedure for the resolution of disputes
between States parties over a State's fulfillment of its obligations under the relevant
Convention/Covenant through the establishment of an ad hoc Conciliation Commission.
The procedure normally applies to all States parties to ICERD, but applies only to States
parties to the ICCPR and CRC which have made a declaration accepting the competence
of the relevant Committees in this regard.
o CERD, CEDAW, CAT, CMW and CED provide for disputes between States parties
concerning interpretation or application of the Convention to be resolved in the first
instance by negotiation or, failing that, by arbitration. One of the Sates involved may
refer the dispute to the International Court of Justice if the parties fail to agree
arbitration terms within six months. States parties may exclude themselves from this
 procedure by making a declaration at the time of ratification or accession, in which case,
in accordance with the principle of reciprocity, they are barred from bringing cases
against other States parties.
 Inquiries
o Upon receipt of reliable information on serious, grave or systematic violations by a State
party of the conventions they monitor, the Committee may, on their own initiative,
initiate inquiries if they have received reliable information containing well-founded
indications of serious or systematic violations of the conventions in a State party.
o Inquiries may only be conducted with respect to States parties that have recognized the
competence of the relevant Committee in this regard.
o States parties may opt out from the inquiry procedure, at the time of signature or
ratification or accession, or anytime by making a declaration that they do not recognize
the competence of the Committee in question to conduct inquiries. In this regard CED is
an exception as the competence to conduct inquiries is not subject to the acceptance by
States parties.
o Inquiry Procedure:
 1) The procedure may be initiated if the Committee receives reliable
information indicating that the rights contained in the Convention it monitors
are being systematically violated by the State party.
 2) The Committee invites the State party to co-operate in the examination of the
information by submitting observations.
 3) The Committee may, on the basis of the State party's observations and other
relevant information available to it, decide to designate one or more of its
members to conduct an inquiry and report urgently to the Committee. Where
warranted and with the consent of the State party concerned, and inquiry may
include a visit to its territory.
 4) The findings of the member/s are then examined by the Committee and
transmitted to the State party together with any comments and
recommendations.
 5) The State party is requested to submit its own observations on the
Committee's findings, comments and recommendations within a specific time
frame (usually 6 mos.) and, where invited by the Committee, to inform it of the
measures taken in response to the inquiry.
 6) The inquiry procedure is confidential and the cooperation of the State party
shall be sought at all stages of the proceedings.