Reflections on the Human Condition - Api-fellowships.org

382 SESSION VI
Barangay Captain Solves All Cases
Many participants stated that once the case is brought
to the Barangay Captain, it is not referred to BHRAO
or any other agencies. The Barangay Captain who first
attends to the case tends to push to settle the issue and
to reconcile because the fear of incurring distrust of
residents if he/she cannot solve the problem by his/her
own. (Chibana, 2003)
In the Philippines, civil disputes first have to go through
“Barangay Justice” in order to facilitate amicable
settlement before the case is sent to the court. Such
system was established in late 1970’s to lessen the burden
of the overcrowded court. The first process of “Barangay
Justice” is the hearings by the Barangay Captain. If
the he/she cannot settle the dispute, it is sent to the
arbitration panel called “Lupon ng Tagapamayapa”
that consists of appointed members by the Barangay
Captain. Considering that it has esxited in barangays
for almost 30 years, it is natural for people to feel closer
to “Barangay Justice” and bring most complaints to it,
regardless of the nature of cases. However, human rights
violation is not something to be settled by persuasions
as is often the case of “Barangay Justice”. Existing
research pointed that behavioral norms such as “debt
of gratitude” or “saving one’s face” are often referred in
the process of “Barangay Justice” to push complainants
to accept reconciliation.
BHRAOs Difficulty in Distinguishing Human Rights
Violation under CHR Jurisdiction
Thirdly, many BHRAOs have difficulty in their crucial
task of distinguishing human rights cases under CHR
jurisdiction. Upon receiving a complaint, the BHRAO
is expected to interview the complainant and determine
whether the subject of the complaint is a human rights
violation or not. If it is found to be human rights
violation, the BHRAO has to assist the complainant to
submit the complaint and evidence, or to accompany
the complainant to the CHR Regional Office for the
preparation of affidavit. However, many BHRAOs
stated, “We need a list of cases under CHR jurisdiction
because it is difficult to distinguish.”
BHRAOs Not-Well Known to Barangay Residents
BHRAOs are not well known because not many
measures were taken to inform the residents of the
establishment of BHRACs. Most BHRAOs stated their
dissatisfaction, for they had never been introduced after
they were elected.
Ref lections on the Human Condition: Change, Conflict and Modernity
The Work of the 2004/2005 API Fellows
Instead of waiting to be introduced, many BHRAOs
found their own ways to disseminate information of
BHRACs and human rights. Those who hold positions
in barangays other than BHRAOs tried to utilize such
positions and made personal efforts e.g. a chairman of
Senior Citizen’s Association spoke about senior citizen’s
rights in the meeting or a Barangay Health Worker
lectured in parents’ meeting.
Lack of Financial and Other Sources
Lastly, the lack of resource was a common problem
among all participants. All BHRAOs faced serious lack
of budget because their barangay councils do not allocate
budget for BHRAC activities. During the FGD, many
BHRAOs requested the CHR to make official request
to the barangays to properly allocate the budget for
BHRACs. They also requested the CHR to provide
resources—both financial support and provision of
materials for human rights education activities. However
CHR-Region I cannot fully respond to such request for
it also faces serious financial limitations. CHR has to
face contradiction—the more BHRACs are established,
the more resources are requested.
Most BHRAOs are not paid honorarium, 6 but it should
not be overlooked, considering that their work requires
much responsibility. As the situation is such, persons
already holding other official positions with paid
honorarium are simply facilitated to become BHRAOs.
That is why many BHRAOs hold additional posts such
as “Lupon” Members or Barangay Health Workers.
However, it also affects the independence of BHRAO,
as “Lupon” Members are appointed by Barangay
Captains.
Observations
The Philippines accepted many international human
rights standards and promoted NRHI, with notable
effort made in grassroots outreach programs. However,
in spite of well-structured laws and systems, there
are several difficulties in implementation. Common
difficulties faced both by Regional CHR officers and
BHRAOs were “political intervention” and “lack
of resources”. As the Commission does not have
executing power, it cannot exert much influence and
give pressure to “violators” of human rights, which
makes Commission’s interventions not effective to
power holders, such as politicians. As an institution
without executing power, the Commission’s influence
has to depend on the public recognition and support.
Thus, it is crucial for CHR to conduct information and
education activities to raise human rights consciousness