Government Commission on Human Rights The
Commission on Human Rights (CHR) is an independent office created by Section 18, Article XIII of the
Philippine Constitution, with the primary function of investigating all forms of human rights violations involving civil and political rights in the Philippines. The commission is composed of a chairperson and four members, majority of which must be lawyers under the constitution. The commission is empowered to investigate human rights violations involving civil and political rights, adopt rules of procedure and issue contempt citations, provide legal measures for the protection of human rights in the Philippines, and several other powers in relation to the protection of human rights.
Programs The CHR is in charge of the following programs; •
Human Rights Protection Program • The Human Rights Protection Program implemented the Legal and Investigation Office which provides legal aid and counseling services; conducts monitoring of cases/complaints with concerned agencies; conducts rights based public inquiry on issues and concerns of marginalized and disadvantage sectors; and conducts studies to establish certain human rights conditions/situations affecting human development for the adoption of policies, programs and measures for the promotion of human rights. The Legal and Investigation Office also provides appropriate human rights investigative interventions; medico-legal services; conducts alternative dispute resolution of cases thru mediation; quick reaction activities; fact finding missions; rights based situation tracking and rights based investigative monitoring. •
The Human Rights Education Teaching Exemplars • The CHR established linkages and collaboration efforts with the
Department of Education with this effort, the two agencies forged a Joint of Declaration of Undertaking (JDU) in 1992 and a Memorandum of Agreement (MOA) in 1996 which provided development of human rights education curriculum for integration across the two levels of education. To implement the main provision of the Memorandum of Agreement, a joint project was undertaken entitled: Writing Workshop in the Development of Human Rights Education Teaching Exemplars for the Elementary and the Secondary Levels. •
Human Rights Linkages Development and Strategic Planning • The CHR established a Legislative and Program Division which is in charge of monitoring bills with human rights implications filed in Congress and coordinating in the preparation of the CHRP position on proposed measures. The LPD has participated in almost all committee hearings and Technical Working Group meetings in both houses of Congress and in such other fora on matters with human rights implications. Right to Development Program. A system of developing and monitoring rights-based programs and measures across institutions aimed at creating enabling environment for poverty reduction linked with the nine components of good governance as follows: Electoral and Political Reforms, Right to Development, Judicial Reform, Anti-Corruption, Governance Review, Civil Service & Economic Management, Globalization and Corporate Citizenship, Decentralization & Local Governance.
Department of Justice The
Department of Justice of the Philippine Government is its principal law agency. It derives its mandate primarily from the Administrative Code of 1987 (Executive Order No. 292). It carries out this mandate through the department proper and the department's attached agencies under the direct control and supervision of the Secretary of Justice. The DOJ, through its offices and constituent/attached agencies, is also the government's legal counsel and representative in litigations and proceedings requiring the services of a lawyer; implements the Philippines' laws on the admission and stay of aliens within its territory; and provides free legal services to indigent and other qualified citizens.
Functions As the principal law agency of the Philippines, the Department of Justice carries out specific functions in order to fulfill its basic functions •
Administration of the Criminal Justice System • The DOJ investigates the commission of crimes and prosecutes offenders through the
National Bureau of Investigation (NBI) and the National Prosecution Service (NPS), respectively. The DOJ administers the probation and correction system of the country through the Bureau of Corrections (BuCor), the Board of Pardons and Parole (BPP) and the Parole and Probation Administration (PPA). •
Legal Counsel of Government • The DOJ, through the Office of the Solicitor General (OSG) and the Office of the Government Corporate Counsel (OGCC), acts as the legal representative of the Government of the Philippines, its agencies and instrumentalities including government owned and controlled corporations and their subsidiaries, officials and agents in any proceeding, investigation or matter requiring the services of a lawyer. •
Provision of Free Legal Assistance • The DOJ provides free legal assistance/representation to indigents and poor litigants as well as other qualified persons in criminal, civil, and labor cases, administrative and other quasi-judicial proceedings and non-commercial disputes through the Public Attorney's Office (PAO) pursuant to Republic act No. 9406. •
Alternative Dispute Resolution • The Alternative Dispute Resolution Act of 2004 (RA 9285) created the Office for Alternative Dispute Resolution (OADR), which is an agency attached to the DOJ which function is to promote, develop and expand the use of alternative dispute resolution in civil and commercial disputes. •
Other Functions • Witness protection – The Witness Protection, Security and Benefit Act (R.A. 6981), mandates the DOJ to formulate and implement a Witness Protection, Security and Benefit Program for the admission and protection of witnesses. • Anti Human trafficking – The Anti-Trafficking in Persons Act of 2003 (R.A. 9208), mandates the prosecution of persons accused of human trafficking and for that purpose, created the Inter-Agency Council Against Trafficking (IACAT). • Rape Victim Assistance and Protection – The Rape Victim Assistance and Protection Act of 1998 (RA 8505), mandated the DOJ to participate in inter-agency efforts to establish Rape Crisis Centers in every city or province for the purpose of rendering assistance to rape victims. • Anti-Child Pornography – The Anti-Child Pornography Act of 2009 (R.A. 9775), designates the Secretary of Justice as member of Inter-Agency Council Against Child Pornography that is tasked to coordinate, monitor and oversee the implementation of Anti-Child Pornography Act
Programs The Department of Justice heads a number of projects, among others are as follows; •
Child Protection Program • The Child Protection program implemented the Special Committee for Child Protection which is a body charged with monitoring the implementation of The Special Protection For a Child Against Abuse, Exploitation, and Discrimination Act (R.A. 7610). Which protects a child who is below 18 years of age or one who is over 18 years of age but who cannot take care of himself fully because of a physical or mental disability or condition from abuse. •
Criminal Code Committee • The purpose of the Criminal Code Committee is to form a new Criminal Code of the Philippines that is updated, modern, simplified, responsive and truly Filipino, in order to improve the administration of justice in the country and enhance access to justice of the poor and other marginalized sectors. It is composed of representatives from the executive, legislative and judicial branches of government. •
DOJ Action Center • The Department of Justice Action Center acts on complaints, requests for legal assistance and queries of walk-in clients as well as over the telephone. Any caller can talk to a lawyer or paralegal officer who can render him assistance. •
Juvenile Justice and Welfare • The Secretary of Justice is in charge of supervising the implementation of the Juvenile Justice and Welfare Act of 2006. (R.A. 9344). This act covers the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. •
Office of Cybercrime • The Office of Cybercrime is in charge of implementing the Cybercrime Prevention Act of 2012 (R.A. 10175).
Department of Labor and Employment The Department of Labor and Employment (DOLE) concerns itself with the protection and welfare of Filipino workers both in the country as well as abroad, and responds accordingly to socio-political and economic challenges that would affect the workers. DOLE is also mandated to create policies and programs as an arm of the Executive Branch in its field of concern. It has set up a number of offices and agencies: 16 regional offices, 83 field offices, 4 satellite offices, 28 overseas posts, 6 bureaus, 7 staff services, and 11 attached agencies. These subgroups are tasked to closely monitor and coordinate the implementation of policies and programs.
National Commission on Indigenous Peoples The National Commission on Indigenous Peoples (NCIP) was born through the merging of the Office for Northern Cultural Communities (ONCC), and the Office for Southern Cultural Communities (OSCC) in the year 1997 through RA 8371 or "
Indigenous Peoples' Rights Act of 1997". It is a highly specialized commission with different projects for each region.
Security sector Reform of the Philippines' security organizations, particularly the Armed Forces of the Philippines and later the Philippine National Police, to align them with the principles of human rights and the
rule of civilian law has been a government concern ever since the 1986
People Power Revolution deposed
Ferdinand Marcos and restored the principle of
civilian control of the military. Broad principles to this effect were embedded in the
1987 Constitution of the Philippines, and the various
coup attempts of the years immediately following the People Power Revolution led to the recommendation of more systemic reforms, as recommended by the 1990
Davide Commission Report and later reiterated by the 2003 Feliciano Commission Report.
red-tagging,
assaults on the media and other human rights issues have persisted through all the Philippine administrations after Marcos.
Intergovernmental organizations International Labor Organization The International Labor Organization (ILO) is a tripartite organization that started working with the Philippines in 1994. Its vision is as follows: :"The main aims of the ILO are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues." The ILO Manila office has been active since its founding, starting with the ratifying of the Workman's Compensation (Accidents) Convention 17 based on Act. No. 1874 to extend responsibility of employers for personal injuries and death suffered by employees at work.
Programs and projects Below are a number of the programs and projects by ILO Manila . •
Decent Work Country Programme (DWCP) is ILO Manila's main project. It was made to support the country's Labor Employment Program (LEP). The two major priorities are
decent jobs for a competitive Philippines, and improved labor market governance. To achieve this, the ILO will help strengthen the working capacity of the Philippines and apply international labor conventions to constantly update the LEP. The United Nations Development Assistance Framework has listed the DWCP as ILO Manila's top priority. •
Infrastructure for Rural Productivity Enhancement Sector (INFRES) Project (June 4, 2001 – December 31, 2006) was completed to improve their living conditions, poor people require access to employment and basic goods and services. The poor can improve their situation through national and local investment in infrastructure that provides jobs. •
ILO-IPEC Project in support of the Philippine Time-Bound Programme (September 2, 2002 – August 31, 2007) was the first and most significant contribution toward the elimination of the worst forms of child labour. It has been designed to leverage resources, and to link up with national and international programs for the benefit of Filipino boys and girls. •
Strategies and Tools Against Social Exclusion and Poverty (STEP) (January 1, 2003 – June 1, 2005) aimed to provide better quality of life to informal economy workers and their families through better access to health care. This is a donor project from the Government of Norway. •
Protecting Domestic Workers against Forced Labour and Trafficking (DOMWORK) (May 3, 2004 – December 31, 2006) was a program on the regulation and condition of Filipino domestic workers. It aimed to empower domestic workers on their rights as well as reduce the cases of abuse. ::"Through discussions on gender equality, the ILO noted that problems had deepened for the most vulnerable, including women in domestic work. Yet while the global economic downturn has contributed to aggravating their vulnerabilities, domestic workers are beginning to realize gains through changes in public attitude." •
Indigenous Peoples Development Programme (IPDP) - to protect the rights of indigenous peoples. •
Tripartite Action for the Protection and Promotion of the Rights of Migrant Workers in the ASEAN Region (May 1, 2012 – March 31, 2016) is an ongoing ASEAN TRIANGLE project that aims to significantly reduce the exploitation of labour migrants in the region through increased legal and safe migration and improved labour protection. This is a donor project from the Government of Canada. •
Building the Capacity of the Philippines Labour Inspectorate (December 15, 2014 – December 14, 2017) is a collaborative project with DOLE to strengthen its Labour Law Compliance System (LLCS) by promoting a positive mindset towards work.
Civil society organizations Focused on indigenous peoples ; Tebtebba Tebtebba is an organization that was established in 1996. They have been an active participant in processes that have led to the adoption of international human rights law and other international instruments, policies, and agreements. These include the
UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the establishment of spaces within the United Nations, such as the
UN Permanent Forum on Indigenous Issues, among others. ; Cordillera Peoples Alliance The Cordillera Peoples Alliance (CPA) was founded in 1984. Among many other projects and campaigns, CPA has pushed for regional autonomy, campaigns for the defense of land, life, and resources, opposed large-scale mining in the Cordillera to save Abra river, and exposed violations of human rights committed in their region. ; Kalipunan Ng Mga Katutubong Mamamayanng Pilipinas – KATRIBU (National Federation of Indigenous Peoples of the Philippines) KATRIBU was founded in the year 1987. Previously known as KAMP, KATRIBU aims for the attainment of land rights and for the formation of allegiances and government of the indigenous peoples. KATRIBU is currently protesting DMCI's planned 15-megawatt coal-fired power plant in Narra, Palawan and the mining policy of the Aquino administration. ; Sabokahan Unity of Lumad Women Sabokahan Unity of Lumad Women was founded in 2003. Composed of eight ethnolinguistic tribes across Southern Mindanao, Sabokahan is a grassroots organization led and created by Lumad women dedicated to the advancement of women's rights, equality, and liberation. Save Pantaron and Pulangi River Campaigns are two projects Sabokahan hold to protect biodiversity. To generate income to support themselves, Sabokahan organizes collective bead-making cooperatives among Lumad women. ; Liyang Network Liyang Network is a local-to-global advocacy group that emerged from the calls-to-action of Sabokahan. Before the pandemic, Liyang Network held immersion trips alongside Sabokahan in administering opportunities to educate and provide a transformative cultural experience to those who wish to engage in the history of the community directly from the voices of the Lumad people. Their current remote work entails organizing forums and webinars for educational discussions on current sociopolitical issues and the root causes of these issues—mainly the needs of Lumad and rural communities. These activities aim to address and amplify the push against human rights violations, exploitation, and discrimination, such as the militarization of communities, the closure of Indigenous schools, and illegal arrests. == Notable violations in Philippine history ==