The Manila Times

Human rights commission and political dynasties’ prohibitio­n are looking vainly for enabling law

- BY YEN MAKABENTA Columnist

First word

IT struck me that the Commission on Human Rights (CHR) is in the same boat as the constituti­onal prohibitio­n on political dynasties. Both are in suspended animation, because of the lack of an enabling law to legitimize them.

While watching the strange Senate hearing of the blue ribbon committee last Thursday, it occurred to me did the inquisitor­s find it mildly strange that the mayor and vice mayor of Davao City are both children of President Rodrigo Duterte? Is that city so barren of talent that it must mine only one family for people to administer its affairs?

Over at the Batasang Pambansa, does anyone care that the Commission on Human Rights (CHR) is now desperatel­y itself in the 2018 General Appropriat­ions Act? The Speaker of the House of Representa­tives Pantaleon Alvarez has declared that CHR should have a zero-budget next year because it has been underminin­g the state, which pays for its salaries and wages

and costs of operations.

Both phenomena are similar in some respects. Each concern is the subject of an explicit provision in the Constituti­on. And each is hobbled by the lack of a law to enforce the provision.

State of suspended animation

The protection of human rights and the prohibitio­n of political dynasties, as provided by the 1987 Constituti­on, are in a similar state of suspended animation.

The Oxford dictionari­es define suspended animation as “the temporary cessation of most vital functions without death, as in a dormant seed or a hibernatin­g animal.”

- nition medically with this note: “This condition of apparent death or interrupti­on of vital signs may be similar to a medical interpreta­tion of suspended animation.”

What the Constituti­on says

What does the Constituti­on say on human rights and political dynasties?

1. In Article II, “declaratio­n of principles and state policies,” Section 26 of the Constituti­on declares:

“The state shall guarantee equal access to opportunit­ies for public service, and prohibit political dy

2. In Article XIII, “social justice and human rights,” Section 17, the Charter provides:

Section 17,(1) there is hereby created an independen­t office called the Commission of Human Rights;(2) Until this commission is constitute­d, the existing Presidenti­al Committee on Human Rights shall continue to exercise its present functions and powers.”

No enabling law

Both provisions have languished in the vine because President Corazon Aquino was not fully committed to getting them enacted into law.

Without the enabling law, there is no Commission on Human Rights. Without an enabling law, there is no prohibitio­n of political dynasties in our constituti­onal system.

The appalling spate of extrajudic­ial killings (EJKs), and the state of the political culture are

Unless Congress passes a law prohibitin­g political dynasties, the constituti­onal prohibitio­n cannot be enforced. Political dynasties will continue to reign over national politics, and no new blood will irrigate our politics. Several legislator­s have filed bills to activate the provision, including former mayor and speaker Feliciano Belmonte, Jr, who oddly was secretly moving to establish his own political dynasty in Quezon City ( his daughter is now vice mayor and bracing for a run for mayor in 2019).

Unless the legislatur­e constitute­s the Commission on Human Rights, it does not have a statutory basis to exist, and to deserve a budget. The “thereby phrase” in the Constituti­on does not suffice to create the commission (no agency of government has ever been created by a “thereby”). Neither can the CHR claim to be a constituti­onal commission, because the Charter is explicit in establishi­ng only three constituti­onal commission­s: the Civil Service Commission (CSC); the Commission on Audit (COA), and the Commission on Elections (Comelec).

Cory Aquino tried to convert her Presidenti­al Committee on Human Rights into the HR commission by signing an executive order to constitute it. This move was inadequate. Under the 1987 Constituti­on, Congress must constitute the commission by legislativ­e action.

CHR engaged in self- deception

The CHR survives today through self- deception, not statutory constituti­onal provision as suf

Only CHR chairman Chito Gascon and CHR employees believe this. Not even the Liberal and Yellow legislator­s will say for the record that the Cory executive order legally created the CHR.

Even so, the bogus commission persists with the deception.

In the face of the “zero budget” initiative of the Speaker, CHR and Gascon have launched a campaign through Facebook and the media to challenge the congressio­nal move, claiming that it is constituti­onally entitled to existence and a budget.

CHR now falsely claims that it is one of the commission­s created by the 1987 Constituti­on, that it is -

But nowhere does the Charter say that the CHR is a constituti­onal commission. At most, it suggests that it will be an independen­t office when properly constitute­d.

Another CHR post contends: “If [ zero budget] is given, that is a clear violation of what is stated in the Constituti­on and a blatant obstructio­n to carrying out our mandate as the [ national human rights institute] of this country.” Institute? The word is nowhere to be found in the constituti­onal provision.

Gascon tries to be visible as much as possible in the media, thinking that this way the CHR’s existence will be legitimate­d. The big problem is that the more CHR barks, the more the administra­tion itches to abolish the agency

What is to be done?

How is abolition to be averted? What of the welfare and well-being of CHR’s employees?

The solution is for Congress to study the issue afresh and decide whether the nation truly needs an independen­t human rights commission to uphold what is enumerated in the Bill of Rights, and protected by due process.

At a time when the UN Human Rights Commission ( UNHRC) and internatio­nal human rights organizati­ons have become more intrusive on the sovereign affairs of nations, the idea of establishi­ng a human rights body to police the state is not popular with most states.

As things stand, Speaker Alvarez’s “zero budget” initiative will likely carry the day at the House of Representa­tives. CHR spokespers­on lawyer Jacqueline de Guia says that if the “zero budget” plan is pushed, CHR would be constraine­d to “take the issue to court, and question it for being unconstitu­tional.”

De Guia says the CHR remains optimistic that “support will still be there” from the Congress, especially the Senate, which actually recommende­d an increase in the CHR’s capital outlay for 2017.

I think a case can be made for taking care of CHR employees; but a stronger case can be made for abolition, since there is no law, and government is now hard- pressed to realize savings from the abolition of non-per

Which has a better chance of getting an enabling law— the Commission on Human Rights or the prohibitio­n of political dynasties? This is where fortune-tellers head for the exits.

 ??  ?? OBSERVER YEN MAKABENTA
OBSERVER YEN MAKABENTA

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