The efficacy of National Human Rights Institutions : assessing the mandate of the commission on human rights of the Philippines in evolving contexts

Abstract

The 1987 Constitution of the Philippines, the Executive Order No. 163, and other legislation provide human rights protection and promotion mandate to the Commission on Human Rights of the Philippines (CHRP). It is one of the few National Human Rights Institutions (NHRIs) established before the UN adopted the Paris Principles, which guide the functioning of NHRIs. The CHRP has been performing its functions according to the same mandate for 30 years though contexts have changed. This study undertook semi-structured interviews with six informants and a questionnaire from one informant at the central level to investigate whether the CHRP has been effective within its original mandate given contextual changes and challenges. This methodology was complemented by documentary research in order to explore what other alternative sources of power can help the Philippine NHRI to fulfill its mandate when the regime is repressive. The study finds that the investigation carried out by the CHRP under its protection mandate is inadequate and its promotional function has not been effective. The current mandate of the CHRP falls short of the mandate provided in the Paris Principles for the NHRIs. The mandate of the CHRP needs to be expanded through legislation, possibly a CHRP Charter/Act. The study shows that the collaboration between CSOs and the NHRI is crucial to counter attacks by a repressive government. The linkages with the legislature, creative interventions, innovative programs, strong NHRI legislation, collaboration with partners, competent membership and staffs, among other factors contribute to the effectiveness of the CHRP.