f there’s an agency that deserves an expanded mandate and hence a bigger budget because of its Constitutional duties, it’s the Commission on Human Rights.
The 1987 Constitution vests the CHR with
the power to “investigate, on its own or on complaint
by any party, all forms of human rights violations involving civil and political rights”.
The agency is also tasked to “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 underprivileged whose human rights have been violated or
need protection.”
That part about its purely investigative
function is problematic, because its findings can be
totally ignored by those agencies with prosecutorial
power.
Its capability to establish legal measures
to protect the human rights of all citizens is circumscribed as well by its lack of fiscal autonomy that
would insulate it from politics and protect its budget
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The House of Representatives is, therefore, on the right track in tackling a proposed measure aimed at strengthening the CHR role as an independent human rights institution.
House Bill 9790 authored by Speaker Martin Romualdez seeks “full fiscal autonomy for the
CHR to ensure prompt, immediate and unrestricted”
fulfillment of its functions.
Other Constitutionally-constituted bodies,
such as the Commission on Elections and Office of
the Ombudsman, enjoy fiscal autonomy that prevents a reduction of funds or even defunding.
Under the previous administration, lawmakers tried to strip the CHR of its budget because
of its objections to the bloody war on drugs.
The Supreme Court ruled in 2006 the Constitution provided fiscal autonomy only to three Constitutional commissions: the Civil Service Commission, Commission on Audit and Comelec.
The High Tribunal said the judiciary and the
Office of the Ombudsman also enjoy fiscal autonomy but the CHR was only granted limited autonomy
and could not be considered a “Constitutional commission” although it was created by the 1987 charter.
We understand that lawmakers and CHR
officials are now looking at an independent Charter
to remedy the situation and even expand the agency’s powers that are now purely investigative and
recommendatory.
As pointed out by human right advocates,
the CHR should be truly independent and enjoy fiscal autonomy so it can perform its duties well.
With both the Department of Budget and
Management and Department of Justice said to be
supportive of the House bill but asking for more time
to study the matter, we may yet see the CHR really
transform into an agency with more bite than bark
