Commission on Human Rights Charter

Senate TWENTIETH CONGRESS OF THE Difice of the Bractarp REPUBLIC OF THE PHILIPPINES First Regular Session 25 SEP 24 P12:45 SENATE RECEIVED BY Senate Bill No. 1404 Introduced by Senator Erwin T. Tulfo AN ACT STRENGTHENING THE COMMISSION ON HUMAN RIGHTS AS A NATIONAL HUMAN RIGHTS INSTITUTION EXPLANATORY NOTE Sections 17 par. 1 of Article XIII of the 1987 Constitution created the Commission on Human Rights as an independent office mandated to investigate all forms of human rights violations involving civil and political rights. Since its creation, CHR has played a crucial role in promoting respect for the dignity of every person. However, its powers remain limited in scope. In 2017, the CHR was granted "A-status" accreditation by the Global Alliance of National Human Rights Institutions (GANHRI), reflecting a high degree of compliance with the Paris Principles. Nonetheless, there is a pressing need to strengthen the CHR's legal and institutional framework to sustain this recognition and enhance its effectiveness, especially amid evolving challenges to human rights in the digital age, environmental crises, threats to press freedom, and the shrinking space for civil society. By enacting this measure, the State affirms its commitment to uphold the dignity of every person, as guaranteed by the Constitution and international law. This bill is an urgent response to strengthen democratic institutions, fortify accountability mechanisms, and build a more just, inclusive, and rights-respecting society.

In view of the foregoing, the passage of the measure is earnestly sought. ERWIN T, TULFO

Senalt TWENTIETH CONGRESS OF THE Office of the secretarp REPUBLIC OF THE PHILIPPINES ) First Regular Session SEP 24 P12:45 SENATE RECEIVED BY: Senate Bill No. 1404 Introduced by Senator Erwin T. Tulfo AN ACT STRENGTHENING THE COMMISSION ON HUMAN RIGHTS AS A NATIONAL HUMAN RIGHTS INSTITUTION Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the

"Commission on Human Rights Charter."

SEC. 2. Declaration of Policy. - The State values the dignity of

every human person and guarantees full respect for human rights. It shall give highest priority to the enactment of measures that respect, protect and fulfill the right of all people to human dignity at all stages of human life.

SEC. 3. Definition of Terms. - As used in this Act:

(a) Dependent Children refers to a legitimate, illegitimate or legally adopted child who is chiefly dependent on the said deceased Chairperson or Member of the CHR, if such dependent child is not more than twenty-one (21) years of age, unmarried and not gainfully employed, or if such dependent child, regardless of age, is incapable of self- support because of any mental or physical defector

condition. The surviving legitimate spouse shall continue to receive such retirement benefits until the spouse remarries; (b) Human Rights refer to the supreme, universal, inherent, and inalienable rights to life, dignity, and self- development of every person regardless of race, sex and gender, nationality, ethnicity, language, religion, or any other status. These rights include those guaranteed by the Philippine Constitution, domestic laws, and international human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, International Humanitarian Law and all human rights instruments to which the Philippines is a State Party; and (c) Places of Deprivation of Liberty refers to any place of detention, imprisonment, confinement, or the placement of a person in a public or private custodial or rehabilitative setting under the jurisdiction and control of the Philippines, where persons are or may be deprived of their liberty by virtue of an order given by a public authority, at one's instigation, or with one's consent or acquiescence.

SEC. 4. Commission on Human Rights as an Independent Office.

27 - The Commission on Human Rights (CHR) is hereby affirmed as an independent office. As such, the approved annual appropriations of the CHR shall be automatically and regularly released pursuant to Section 17, Article XIII of the 1987 Philippine Constitution.

SEC. 5. CHR as a National Human Rights Institution. - The CHR

is the National Human Rights Institution (NHRI) of the Philippines in accordance with the Principles Relating to the Status of National Institutions, hereinafter referred to as the Paris Principles, and other United Nations' (UN) Resolutions and Instruments pertaining to the effective functioning of NHRIs.

SEC. 6. The CHR En Banc as a Collegial Body. - The CHR En

2 Banc, as a collegial body, is responsible for the promulgation of policies, decisions, orders, and resolutions necessary for its efficient administration and proper execution of its constitutional mandate. Every policy, decision, order, or resolution of the CHR must bear the concurrence and signature of a majority of the Members. In the exercise of its powers and functions, the CHR shall sit and render its decision en banc, unless otherwise provided in an internal resolution, adopted by the CHR en banc. It shall meet regularly. A majority of the members shall constitute a quorum.

SEC. 7. Composition and Qualifications of the members of the

CHR. - The CHR shall be composed of a Chairperson and four (4) Members who shall possess the following qualifications: a) Natural-born citizens of the Philippines; b) At least thirty-five years of age at the time of appointment, with proven probity, integrity, and competence; c) Must have an understanding of human rights protection, promotion and advocacy; d) Must not have been convicted by final judgment of any crime involving moral turpitude; and e) Must not have been candidates for any elective position in any national or local elections, whether as regular candidates or as party-list nominees, immediately preceding their appointment. A majority thereof shall be members of the Philippine Bar, who have been engaged in the practice of law for at least five (5) years. In furtherance of the role of the CHR as the country's Ombudsman for Children, at least one (1) Member, who has expertise

or has extensive competency and experience on child rights protection and promotion, must be appointed.

SEC. 8. Appointment and Term of Office. - The Chairperson and

Members of the CHR shall be appointed by the President of the Philippines for a term of seven (7) years without reappointment. Of those first appointed under the enactment of this Charter, the Chairperson shall hold office for seven (7) years, two Members for six 10 (6) years and the other two Members for five (5) years. The term of the Chairperson and Members shall start on the day immediately after the 12 end of the previous one, regardless of the date of appointment. In no case shall any Chairperson or Member be appointed, reappointed, or designated in a temporary, part-time, or acting capacity. Appointment to any vacancy occurring during the term shall be only for the unexpired portion of the term of the predecessor. Any vacancy in the offices of the Chairperson and of the Members of the CHR shall be filled within ninety (90) days from its occurrence. However, the incumbent Chairperson or Member shall hold the position until such time the appointment was made by the President for the same position.

SEC. 9. Selection Process for the Chairperson and Members of

the CHR. - There shall be created a Selection Committee for the appointment of the Chairperson and four (4) Members. The Selection Committee shall consist of the following: a. Chief Justice of the Supreme Court, as Chair of the Selection Committee; b. The Chair of the Senate Committee on Justice and Human Rights; c. The Chair of the House Committee on Human Rights;

d. Former Chairperson or Commissioner of the CHR, duly nominated by its incumbent Members; e. Three members of civil society groups belonging to organizations working mainly on the different aspects of human rights in the country; and f. A representative from the legal profession and duly nominated by the Integrated Bar of the Philippines. The Selection Committee shall convene immediately, as soon as vacancy exists, or when the term of office of the current Members ends within six (6) months, or when an impending vacancy occurs. The Selection Committee shall develop and promulgate its own rules of procedure for the selection of nominees for the position of Chairperson and Members, in accordance with requirements of an open, transparent and merit-based selection process, as mandated by the Paris Principles. The conduct of consultations with human rights organizations and other relevant stakeholders for the selection of the new members of the CHR en banc shall form part of the rules of procedure.

SEC. 10. Prohibitions and Disqualifications. - The Chairperson

and Members of the CHR shall not, during their tenure, hold any other office or employment. Neither shall they engage in the practice of any profession or in the active management or control of any business, which in any way may be affected by the functions of their office, nor shall they be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government and its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. They shall avoid conflict of interest in the conduct of their office. They shall not be allowed to appear or practice before the CHR within one (1) year following the completion of their term of office, resignation, or any other manner of separation from office.

No spouse, common-law partner, or relative by consanguinity or affinity within the fourth civil degree, or business or professional partner of the Chairperson or Members, may transact business directly or indirectly with the Chairperson or its Members, or appear as counsel or agent of a party in any matter pending before the CHR. These prohibitions and disqualifications shall apply during the tenure of the official concerned and one (1) year thereafter.

SEC. 11. Disclosure of Relationship. - It shall be the duty of the

Chairperson and Members of the CHR to disclose under oath to the best 12 of their knowledge the identities of, and relationship with the persons referred to in the preceding section. The disclosure, which shall be in writing, shall be filed in the Office of the Ombudsman after the appointee assumes office and every year thereafter. The disclosures made pursuant to this Section shall form part of the records and shall be made available and accessible to the public.

SEC. 12. Salary, Retirement, and Other Privileges of the

Chairperson and Members of the CHR. - The Chairperson and Members of the CHR shall receive the same salary, retirement, privileges, and benefits as those received by the Chairperson and Commissioners of the Constitutional Commissions, and their salaries shall not be decreased during their terms of office. Upon the death of a retired Chairperson or Member, the surviving legitimate spouse and dependent children shall be entitled to receive on a monthly basis, all the retirement benefits being received by the deceased Chairperson or Member from the time of death, under the provisions of applicable retirement laws.

SEC. 13. Structural Organization. - The CHR shall prepare and

formulate the organizational structure and staffing pattern, in accordance with the civil service laws, rules and regulations and other pertinent laws.

SEC. 14. Privileges and Emoluments of the Members of the CHR

2 En Banc. - All members of the CHR en banc shall receive the same emoluments and privileges of those given to their counterparts in Constitutional Commissions.

SEC. 15. Powers and Functions of the CHR - CHR shall promote

and protect all human rights, including civil, political, economic, social, and cultural rights, and shall have the following general powers and functions: a) Investigate, motu proprio or on complaint by any party, all forms of violations of human rights involving civil and political rights, whether committed by State or non-state actors; b) Adopt its operational guidelines and rules of procedure and cite for contempt any person for violations thereof in accordance with the Rules of Court; c) Provide appropriate legal and preventive measures to victims of human rights violations, which may include, among others: 1) Legal assistance and counseling to victims; 2) Recommend to government agencies to provide appropriate protection to victims; 3) Cease and desist orders; 4) Petition for writ of habeas corpus, writ of amparo, writ of habeas data, writ of kalikasan, and any other protective writs; and 5) Continuing mandamus for the protection of human rights of all persons within the Philippines. d) Provide legal aid services to the underprivileged whose human rights have been violated or need protection. e) Exercise unannounced, unhampered, unrestricted visits over jails, prisons, camps, custodial or detention facilities, places of

confinement, safe houses, and similar places of deprivation of liberty; f) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights. CHR shall coordinate with the Department of Education (DepEd), Commission on Higher Education (CHED), Philippine Judicial Academy, Legal Education Board, and other state universities and colleges to ensure these objectives; g) Recommend to Congress effective measures to promote and protect human rights; h) Recommend effective measures to provide for compensation to victims of violation of human rights, or their families; i) Monitor Philippine government compliance with international treaty obligations on human rights; j) Report to international human rights mechanisms on all aspects relating to government's compliance to its treaty obligations; k) Request the assistance of any government department, bureau, office, or agency in the performance of its functions; 1) Call on government departments, bureaus, offices or agencies to comply with their obligations under the international human rights obligations; m)Issue human rights advisories, positions papers and legal opinion on all matters affecting the human rights of all persons, directed to concerned agencies of government for their consideration and implementation; n) Issue human rights clearances and certificates of no pending human rights case;

o) Appoint its officers and employees in accordance with law; and p) Perform such other duties and functions as may be provided by law.

SEC. 16. Investigative Powers and Functions. - CHR shall

investigate, on complaint or on its own, cases of human rights violations. In the exercise of its investigative function, it shall: a) Act promptly on reports or complaints by any individual or organization. Findings of human rights violations shall include recommendations for appropriate remedies, and referrral to proper government agencies for the filing of administrative, criminal, or civil actions. The recommendations may include proposals for legislative, administrative, or judicial reforms. The investigation and other proceedings conducted by any administrative, judicial, or quasi-judicial bodies shall not bar the investigation of the CHR on allegations of human rights violations. b) Investigate alleged violations of human rights, international humanitarian law, and anti-terrorism law, as provided in pertinent laws; c) Compel the attendance of witnesses and the production of evidence, to place the witness under oath or affirmation, issue subpoenas, take testimony in any investigation or inquiry conducted by the CHR or any of its offices, and cite for contempt any person who violates the CHR's Rules of Procedure and lawful orders. d) Provide psychosocial support to victims of human rights violations such as referral to primary health care centers with existing mental health programs; e) Ensure compensation for victims of human rights violations or their families, which are appropriate and proportional to the

gravity of the violation and circumstances of each case, that may result from gross violations of international human rights law, and serious violations of international humanitarian law; f) Provide safety to witnesses, as well as human rights defenders under threat. For this purpose, the CHR shall implement and manage a Witness Protection Service, which will provide security, shelter, relocation, and livelihood assistance to witnesses and their families, until such time the threat ceases, or when the case can be endorsed to the Department of Justice and the witness, or person under threat, qualifies for protection service, under Republic Act No. 6981, otherwise known as the "Witness Protection, Security and Benefit Act"; and g) Perform such other powers and functions as may be necessary or incidental for the effective exercise or conduct of its investigative powers.

SEC. 17. Visitorial Powers. - CHR, or its duly authorized

representatives, are hereby mandated and authorized to conduct regular, independent, unannounced, unhampered, and unrestricted visits to or inspection of all places of detention and confinement. All administrators of places of deprivation of liberty shall grant immediate and unrestricted access to the CHR or its duly authorized representatives, allow confidential interviews with persons deprived of liberty, and provide requested documents and information during the course of the visit. CHR may also request the assistance of other government agencies to enforce this provision.

SEC. 18. Scope of Legal Measures. - In order to strengthen the

exercise of its investigatory power, the CHR may issue the following legal measures and provisional remedies:

a) Mandatory Protection Orders which direct government security forces, other government agencies, and private institutions to provide specific protection to victims and witnesses to human rights violations; b) Petitions for the protection of the rights of persons, such as: 1) Temporary liberty for medical examination, particularly for sick or pregnant persons deprived of liberty; and 2) Petitions for certiorari, mandamus, or declaratory relief, and such other legal remedies to correct any government actions that encroach or threaten to violate human rights; c) Other remedies for the protection of the rights of children: 1) Actions for protective custody of victims who are minors; 2) Petitions for involuntary commitment, in coordination with the concerned social work and development office; and 3) Petitions, motions, or pleadings to correct an error in the commitment, detention taking of custody of children in conflict with the law;

SEC. 19. Referral to Disciplining Authority. - CHR may direct

the disciplining authority to take appropriate action against a public officer or employee found guilty of committing violations of human rights, recommend to the disciplining authority the removal, suspension, demotion, censure, imposition of fine, or prosecution and ensure compliance of its recommendation by requiring the disciplining authority concerned to report on the action taken thereon within thirty (30) days from receipt of such recommendation. For this purpose, every case in which the CHR has rendered a resolution or recommendation adverse to a public official shall be

transmitted to the head of the department, agency or instrumentality, or of the province, city or municipality concerned for immediate action, as may be necessary.

SEC. 20. Monitoring Functions. - In the exercise of its mandate

to monitor the Government's compliance with its international human rights obligations, CHR shall: a) Monitor and advise government on its responsibilities and obligations under international human rights treaties to which the Philippines is a signatory; b) Prepare its reports to the UN, human rights treaty bodies, and other international human rights mechanisms, including the Universal Periodic Review and special procedure mechanisms; c) Make the appropriate recommendations to the concerned government agencies with regard to requests for official visits of Special Procedures' mandate-holders and other treaty and charter-based mechanisms; d) Recommend ratification of, or accession to international human rights instruments, and ensure their implementation; e) Conduct inquiries on the Government's manner of implementation of specific human rights obligations; f) Request the cooperation of any public official on the measures undertaken by one's agency to comply with the State's international human rights obligations; g) Coordinate with relevant government agencies in terms of its compliance with international human rights obligations; and h) Undertake other activities as may be necessary in the conduct of its monitoring and reporting functions.

SEC. 21. Other Monitoring Functions. - CHR shall also monitor

observance by non-state actors of human rights obligations, arising from international and domestic laws, or agreements entered into with the government, as well as unilateral declarations and similar undertakings. Violations of human rights committed by non-state actors that may be the subject of the CHR's monitoring functions shall include, among others: a) Those committed by rebel groups in relation to international humanitarian law; b) Those committed by persons, both natural and juridical, in relation to economic, social, and cultural rights, such as labor, environment, and demolition of houses; and c) Those committed by individuals in relation to violations of rights and protection of marginalized, disadvantaged and vulnerable sectors.

SEC. 22. Human Rights Education, Information and Advocacy. -

CHR shall establish a continuing program of education and information to enhance respect for the primacy of human rights through its education and promotion office, consistent with the Constitution, domestic laws, applicable treaty obligations, and the UN Declaration on Human Rights Education and Training. CHR shall develop and implement a Human Rights Education and Training Program for law enforcement officers, education and training institutions, and other government agencies in coordination with the Department of the Interior and Local Government, Department of Justice, Department of National Defense, DepEd, CHED, Legal Education Board, Philippine Judicial Academy, Professional Regulation Commission, and all other concerned agencies.

Likewise, CHR shall develop and implement a Human Rights Information Campaigns' Program for civil society and the general public.

SEC. 23. Establishment of Human Rights Institute. - CHR shall

6 establish a Human Rights Institute (HRI), an educational and training 7 institute responsible for the promotion, and teaching of human rights education and related fields, with in-house competencies in these areas 9 of specialization. The HRI shall focus on formal education programs and shall offer certificate courses on human rights and related fields.

SEC. 24. Functions of the Human Rights Institute. - The HRI

shall have the following functions: a) Train investigators, prosecutors, justices, judges, lawyers, and other human rights workers in government and civil society human rights organizations on human rights and related issues. For this purpose, it shall provide and implement curricula on human rights and may conduct seminars, workshops, and other training programs designed to develop human rights knowledge, capacities, skills, and attitudes; b) Enter into consortium agreements with other educational and training institutes for the development and implementation of its programs on human rights education; and c) Advise basic and higher education institutions and regulatory agencies on the teaching of human rights and related issues, including recommending effective measures to promote human rights.

SEC. 25. Annual Report - CHR shall prepare and make public an

annual report on the findings of its monitoring activities with regard to the status of the government's compliance with its international human rights treaty obligations. The report shall include:

a) Recommendations for legal, legislative, and institutional reforms for the promotion and protection of human rights; and b) Adoption and implementation by concerned government agencies of the recommendations on the protection and promotion of human rights contained in the CHR's policy issuances and resolutions. CHR shall directly submit its annual report to the Office of the President, the Senate and the House of Representatives, for the consideration of the recommendations stated in the annual report.

SEC. 26. Referral to Department of Social Welfare and

Development (DSWD) for Financial Assistance. - CHR may refer 15 victims of human rights violations and their families to the DSWD to 16 avail of the financial assistance.

SEC. 27. Legal Assistance Program. - CHR shall maintain a

Legal Assistance Program to benefit underprivileged victims of human rights violations, which may be in coordination with human rights organizations, lawyers' groups, Integrated Bar of the Philippines, the Public Attorney's Office, and Philippine law schools.

SEC. 28. Protection of Filipinos Abroad. - CHR shall undertake

measures for the protection and promotion of human rights of Filipinos living abroad in coordination and cooperation with the Department of Migrant Workers, and Department of Foreign Affairs.

SEC. 29. Security of Data. - All documentation and information

collected by the CHR shall be kept strictly confidential, unless CHR decides otherwise in relation to a particular document: Provided, That no sensitive information, whether personal or otherwise, shall be published without the express consent of the individual or authority concerned: Provided, further, That this provision shall be in accordance with all applicable laws, such as Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012.

SEC. 30. Franking Privilege. - CHR may transmit through

ordinary mail or registered mail with return card, free of charge, all official communications and papers directly connected with the conduct of its duties, functions, or the exercise of administrative supervision over its personnel.

SEC. 31. Financial Report - CHR shall make available to the

public its annual financial statements and related financial reports as required by governing oversight agencies.

SEC. 32. Appropriations. - The amount necessary for the initial

implementation of this act shall be charged against the current year's appropriations of the CHR. Thereafter, such amount shall be included in the annual General Appropriations Act.

SEC. 33. Transitory Provisions. - Nothing in this Act shall

prejudice the positions, emoluments, security of tenure, qualifications, privileges, and benefits of the incumbent Chairperson and Members of the CHR, and the officers and employees of the CHR upon its effectivity. However, officials and employees of the CHR, in aid of its reorganization upon the effectivity of this Act, may avail of an early retirement program as may be provided for by the CHR.

SEC. 34. Implementing Rules and Regulation. - Within sixty (60)

days after the approval of this Act, CHR shall, formulate the rules and regulations in the exercise of its powers and functions, in consultation with other concerned government agencies and stakeholders.

SEC. 35. Separability Clause. - Should any provision or part of

this Act be declared unconstitutional or invalid, the other provisions and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.

SEC. 36. Repealing Clause. - All laws, decrees, orders, issuances,

rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 37. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,