INEFFECTIVE HUMAN RIGHTS JUDGMENT: WHERE IS THEN MY HUMAN RIGHTS?
The Implementation of International and Regional Human Rights Decisions reveals that its state of implementation is grim. We will then find out its reasons. We will also make suggestions to at least help to improve its implementation and to follow-up of their decisions.
What is Human Rights?
In the website of United Nations Human Rights Commission[1], “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible”. Hence, we say that human rights are not those granted by the State but it is inherently within our rights from the time we are born in this world. It is our right as a human being.
We are faced with so many various Human Rights issues in this country. First, the so called Extra Judicial Killings related to the campaign against drugs, child pornography, workers and laborers, adequate food and security. As signatories to International treaties, our legislative department passed some measures in order for our compliance domestically. We have different sources of Human Rights in our country, Philippine Constitution(Bill of Rights), Legislative enactments (e.g. RA 9262 VAWC, RA 7610 Law against Child Abuse among others), Supreme Court rules, rulings, orders and decisions (Ladlad vs COMELEC[2]), and executive issuances.
Complaint Procedure
Under United Nations Human Rights, the complaint procedure in human rights violation can be done in three ways:individual complaints or communication, State to State Complaints and through inquiries. This complaint procedure presupposes that a person is unable to obtain redress at the national level and recourse to an international or supranational legal body would compel a state to make good on its human rights obligations
When I was in my second year as a law student, I learned from my professor that if every decision is not being implemented, it is a mere SCRAP of PAPER. It is just an empty victory. Basing from this statement from my professor, I am inclined to know what’s next then after every decision, orders or judgment issued by any UN Treaty Bodies or any human rights courts. What is really the importance of its implementation?
Rate of Compliance
There is a published article made by Open Society Justice Initiative wherein they made an article regarding the Implementation of International and Regional Human Rights Decisions which reveals that its state of implementation is grim.
A review of the chart compiled below shows that there are currently 546 cases against 71 states being monitored by OHCHR’s Petitions Section; however, of these 546 cases, “satisfactory” responses—those defined as “the willingness of the State party to implement the Committee’s recommendations or to offer the complainant an appropriate remedy”—have been received in only 67”.[3]
The following table[4] breaks down these categories and statistics further:
DESIGNATION NUMBER OF CASES PERCENTAGE
“Satisfactory” Response 67 12.27
Follow-Up “Dialogue Ongoing 283 51.84
• Response Received but
“Unsatisfactory 85 15.57
• Response Received
without Designation 119 21.80
• No Response Received 79 14.47
Follow-Up Status Unclear 196 35.89
Response Received without Designation 8 1.46
No Response Received 95 17.40
Miscellaneous 93 17.03
TOTAL 546 100.00
Effective?
For every judgement, decision or views rendered by any courts of justice or tribunal, we cannot guarantee for its full implementation and final adjudication to the point that the winning party were given what they deserve. Decisions, judgments or views of United Nations treaty bodies are not an exception to this. Based on the data shown above, we cannot safely say that all will result well. Decisions and judgments of the United Nations Treaty bodies test the effectivity of our human rights system. What is the use of the decision, judgment or views if it was not implemented or be given effect?
Importance of the Implementation
In one opinion expressed in the article “Bridging the Enforcement Gap: Compliance of States Parties with Decisions of Human Rights Treaty Bodies” by Luz Oette, she said that the non-implementation, as quoted, “will discourage every person to just forego any violations for after all this decisions are just useless. Delays are a source of immense frustration and injustice. Delays may hinder the efforts of victims of serious violations such as torture to rebuild their lives through resolving the legal aspects of their experiences; even worse, delays can actually contribute to the traumatization of victims[5]”.
As one author said, “while the decisions of these systems undoubtedly have important effects—from building better jurisprudence to triggering vital policy discussions—too often they fail to vindicate the rights of the people or communities who sought their protection in the first place”.[6]
But after all, not all decisions, views, or judgments are not implemented. Case brief of A.S. v. Hungary[7] provides that after eight years of national and international legal proceedings, in February 2009 the Hungarian Government finally decided to compensate Ms AS, which was completed in June 2009.
Barriers
In one published article made by Open Society[8], the said report laid down some points which it thinks that causes the slowing rate in the implementation of United Nation Treaty Bodies decision. Some of it are the following:
The fact that they are not legally binding
It does not index follow-up cases by the right(s) that the committee found to be violated
Suggestions
Just in the same published article by the Open Society Justice Initiative[9], it provided some number of steps that can be undertaken under the treaty bodies’ present institutional arrangement to improve implementation and follow-up of their decisions:
The ability of the special rapporteur to carry out his or her mandate is inhibited by a lack of funding and, in the context of the Human Rights Committee, a caseload of over 450 unimplemented cases—more than one individual can adequately address
Both the OHCHR and human rights advocates should seek to create a more sustained approach to follow-up overall
Just as the treaty bodies play a crucial role in nurturing and facilitating domestic support for human rights, so too is the strength of a state’s domestic institutions crucial to determining the degree of compliance with treaty body decisions
Although there is a problem with respect to the enforcement of Human Rights decisions or judgments, States or even individuals opted to file cases for some Human Rights violations. I submit that some of the factors why individuals still filed their cases against human rights violations vis a vis its enforcement is that most of these individuals are human rights activists. They wanted to raise the bar in safeguarding every individuals that their rights have not been transgressed. These human rights advocates are very much willing to lend their hands, especially the poor who are human rights victims, a sigh of relief.
What is a decision if it was not totally enforced? It’s nothing! I would suggest that despite some barriers laid down by some authors, UN Treaty bodies and even Human Rights Court must have the follow up reports with respect to the implementation of its decision or judgment. Furthermore, they must see to it that depending upon the nature of their judgment or decision, it must be immediately implemented.
PROJECT IMPLEMENTATION
I, together with Ms. Flora May Avenido conducted an Awareness Seminar with a title, “It pays to be informed: A talk on FEDERALISM and HUMAN RIGHTS”, last September 28, 2018 (Friday). The said Awareness Seminar to College of Arts and Sciences Students were held possible in partnership with the University of the Visayas Political Society. After the talk on two issues, we have an open forum and activities to enable the participants to freely communicate their concerns on the said topics. The said seminar is for the benefit of both parties, the participants and the lecturers. Indeed, there was a healthy discussion and exchanging of ideas which undoubtedly our goal.
ABOUT THE AUTHOR
John Philip S. Paculba is a Bachelor of Laws student.
John absolutely agrees to the statement of Nelson Mandela that to deny people of their human rights is to challenge their humanity.
REFERENCES
[1] United Nations Human Rights Office of the Commissioner available at http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx
[2]AngLadlad vs COMELEC, G.R. No. 190582, April 8, 2010
[3]Open Society Justice Initiative, From Judgment to Justice Implementing International and Regional Human Rights Decisions available athttps://www.opensocietyfoundations.org/.../from-judgment-to-justice-20101122.pdf
[4] Ibid
[5] Luz Oette, Bridging the Enforcement Gap: Compliance of States Parties with Decisions of Human Rights Treaty Bodies, available at eprints.soas.ac.uk/13268/1/Lutz_Oette_INTERIGHTS_Bulletin_16.2.pdf
[6] Christian De Vos, Making Rights Real: The Challenge of Implementing Human Rights Decisions June 12, 2013, available at https://www.opensocietyfoundations.org/voices/making-rights-real-challenge-implementing-human-rights-decisions
[7] A.S. v. Hungary, April 12, 2004
[8] Open Society Justice Initiative From Judgment to Justice Implementing International and Regional Human Rights Decisions available at https://www.opensocietyfoundations.org/.../from-judgment-to-justice-20101122.pdf
[9]Ibid