Reflections on the Human Condition - Api-fellowships.org

376 SESSION VI
Table 1: Major Human Rights Treaties and Status of Ratification.
Ref lections on the Human Condition: Change, Conflict and Modernity
The Work of the 2004/2005 API Fellows
Philippines Malaysia Japan
International Covenants of Civil Political Rights ✔ ✔
International Covenants of Economic Social and Cultural Rights ✔ ✔
1st Optional Protocol of ICCPR ✔
2nd Optional Protocol of ICCPR
Convention Against Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment ✔ ✔
Convention on the Rights of the Child (CRC) ✔ ✔ ✔
Optional Protocol to the CRC on the sale of children, child prostitution & child pornography ✔ ✔
Optional Protocol to the CRC on the involvement of children in armed conflict ✔ ✔
Convention on the Elimination of All Forms of Discrimination Against Women (CEADAW) ✔ ✔ ✔
Optional Protocol to the CEADAW ✔
International Convention on the Elimination of All Forms of Racial Discrimination ✔ ✔
Convention relating to the Status of Refugees ✔ ✔
Protocol relating to the Status of Refugees ✔ ✔
Convention on the Prevention & Punishment of the Crime of Genocide ✔ ✔
Source: Treaties and Conventions, Sanseido Publishing (2005).
Although conducted in two countries, this research was
not a comparative study because of the difference of
approaches employed. In the Philippines, the focus was
given on the work of the regional office of NHRI, while
in Malaysia the focus was on NHRI’s central office
because its functions are centralized. The longer stay in
the Philippines and my past research experience there
allowed me to conduct detailed study through different
methodologies including document analysis, interviews,
and focus group discussion. While in Malaysia, due to
the limited duration of stay and to my first research
experience there, the research plan had to be limited.
The Malaysia methodology was simple, as information
was gathered through interviews and from documents.
Focus was given only on the issues that deal with the
international human rights conventions that Malaysia
is affiliated to - women and children’s issues 2 . As such
was the difference, the synthesis of the research in two
places was not easy, but was elaborated to abstract
commonalities and differences.
PHILIPPINES
The Commission on Human Rights (CHR) in the
Philippines
The NHRI in the Philippines, the Commission on
Human Rights (CHR), was established in 1987 after
the Martial Law Regime was overthrown by the People
Power I. It was strongly expected to ensure that massive
human rights violations would never be repeated. The
1987 Philippine Constitution gave strong grounds
by providing greater protection against legislative or
administrative changes. A comprehensive definition
of human rights in the Constitution, Bill of Rights in
Article III, also provides a strong frame of reference for
CHR. Article XIII of the Constitution gives CHR the
following powers:
- to investigate on its own or on complaints on all
forms of human rights violations involving civil
political rights;
- to cite for contempt in accordance with Rules of
Court for violations of its procedures;
- to exercise visiting powers over jails, prisons, or
detention facilities;
- to grant immunity from prosecution to persons
required to testify; and
- to recommend to Congress to take effective measures
to promote human rights, and to provide
compensation.
Funds come from the annual budgetary allocations of the
government as well as from international assistance.
CHR is also notable for its outreach effort to grassroots
communities. Aside from the head office in Manila, 20
regional and sub-regional offices are deployed all over
the country. CHR puts much effort on community
outreach. It encourages barangays (the smallest local
government units) to establish community human
rights centers called Barangay Human Rights Action
Centers (BHRACs) in order to guarantee better
access to justice, especially for far-flung areas. CHR,
in cooperation with the Department of Interior and