CHR: We are not coddlers of criminals

MANILA, Philippines —  The Commission on Human Rights defended itself against insinuations that it sides with suspected criminals, two days after President Rodrigo Duterte threatened to abolish the constitutional body for its alleged inaction on attacks on government personnel.

Jacqueline De Guia, spokesperson of the CHR, said that the commission does not interfere in the prosecution of suspects nor the attainment of justice for victims.

“Hindi naman naming pinanghihimasukan lahat ng kaso ng mga akusado, kapag lumalabag lang sa batas kasi yung Human Rights nananaig siya sa Rule of Law. Dapat manaig yung batas natin para sa lahat,” De Guia told Philstar.com in an phone interview.

She added that the commission can also investigate cases involving women and children but not killings, which are the responsibility of the Philippine National Police.

“Sa rape, nagsasagawa kami ng imbestigasiyon diyan at tsaka legal assistance. Kasi ang victim diyan ay babae o kaya usually mga bata,” she said.

The CHR spokesperson clarified they could also probe into cases involving non-state actors if the incidents involve vulnerable sectors such as women, children and indigenous groups.

“Kapag vulnerable, oo, puwede kaming pumasok diyan kaya tumutulong kami sa mga women victims, child victims, sa mga demolition cases,” De Guia said.

Duterte said on Monday that the CHR should be abolished.

READ: What Duterte gets wrong about the CHR

De Guia emphasized that the CHR’s mandate is still focused on ensuring government compliance with its international treaty obligations as well as the bill of rights.

“So, that explains our function to monitor the state through its state agents. Ngayon naman, there are special laws like the IHL, the International Humanitarian Law, which also provides for obligations of non-state actors,” she said.

She said that among non-state actors they could monitor are companies like those involved in mining.

Regarding the president’s lament that the CHR is not investigating the attack by communist rebels on presidential guards in Arakan, North Cotabato, she said the CHR is already studying whether the incident could be considered within the scope of IHL.

Common crimes should be handled by the police who have more personnel and resources than the CHR, which only has 15 regional offices and seven to 10 probers, De Guia said.

“Clearly we cannot respond to all incidents at manghimasok sa police work. So nirerespeto namin iyon at sa mga pagkakataon na wala ang CHR, ibig sabihin niyan that they are doing that in accordance with the law and there’s human rights compliance,” she said.

During a media conference after his second State of the Nation Address on Monday, Duterte launched into another diatribe against the CHR, a government office usually at the receiving end of his harsh remarks for its criticisms of alleged human rights violations in the administration’s campaign against illegal drugs.

He said that the CHR should seek his clearance first before inviting government officials, especially security personnel, to its probes.

"Padaanin niyo sa akin lahat. Lahat. Maski sino. Pulis o imbestigahin niyo, padaanin niyo dito. You address it to the [Department of the Interior and Local Government], to me. Attention DILG. Pag sinabi kong huwag kayo magpa-imbestiga, huwag kayong magpapaimbestiga," Duterte said.

The chief executive also challenged the government agency to investigate abuses by non-state actors. He was chafing at the attack of the New People’s Army, a US-listed terror organization, on his presidential guards, killing one militiaman and hurting four Presidential Security Guard personnel.

Abolishing the Commission on Human Rights will require an amendment to the 1987 Constitution, the commission said Tuesday amid threats by President Duterte to close down the independent body.

The CHR, like other constitutional commissions, the Office of the Ombudsman, and the judiciary, also enjoys fiscal autonomy. That means they cannot be defunded or given a budget of a peso, a practice of lawmakers who threaten agencies at budget hearings.