Prosecutorial powers for CHR sought

MANILA, Philippines - Lawmakers have proposed to provide prosecutorial powers for the Commission on Human Rights (CHR) to strengthen the agency and to expedite the prosecution of cases involving extrajudicial killings, torture and other forms of human rights violations.

Davao City Rep. Karlo Nograles filed House Bill 1141 also known as the Commission on Human Rights Act of 2010, which strengthens the organizational structure of the CHR by vesting it with “residual prosecutorial powers” aside from its investigative, monitoring and advocacy powers and functions.

He said the bill empowers the CHR to take action or take over any human rights-related case in the event the prosecution agency of the government failed to initiate a preliminary investigation within 90 working days.

“This measure also provides for the delineation of the organizational structure of the Commission as a collegial body with the corresponding powers and functions ascribed unto each office and the pertinent rank and qualifications of every officer in it,” Nograles said.

Under the bill, a nominations committee shall be created to ensure transparency in the selection process so that only persons with proven integrity, independence and competence in human rights advocacy are appointed.

Sorsogon Rep. Salvador Escudero said there is a need to strengthen the CHR, which he described as a “toothless tiger.”

“I hope they will come up with an alternative because right now the Commission is the most publicized government agency but if you examine it under a microscope it has not done much,” Escudero, who filed a similar bill, said.

He said that his district and that of Deputy Speaker Lorenzo Tañada in Quezon province are hotbeds of communist insurgency.

He lamented that men in uniform are always blamed for human rights violations.

“We should also discuss not only the human rights violations of the military but also those by insurgents,” Escudero said.

Tañada, author of House Bill 2974, which also seeks to grant residual prosecutorial powers to the CHR, sought to allay Escudero’s concerns.

“I would like to assure my colleague from Sorsogon that the mandate of the CHR covers all actors whether state or non-state actors,” Tañada said.

He noted that a similar measure has been discussed thoroughly during the 14th Congress and a lot has been said by members of the Committee on the proposed charter of the CHR.

He expressed hoped the measure would be acted upon this time, with the committee concerned fast-tracking its approval.

CHR Chairperson Loretta Ann Rosales said giving more teeth to the CHR means really being able to comply with its constitutional mandate and those defined by international tenets and human rights organizations.