UNHRC can’t force probe even with resolution — ex-envoy to UN

MANILA, Philippines — Even with a resolution, the United Nations Human Rights Council (UNHRC) cannot force its way in to investigate the human rights situation in the country, a former Philippine Permanent Representative to the United Nations (UN) said Monday.

Former Philippine Permanent Representative to the UN Lauro Baja Jr. said the decision to allow the representatives from the UNHRC into the country still depends on the government.

“It’s a judgement call by the government,” Baja said in an interview over radio station DZMM. “Nasabi ko nga noon kung di man, edi welcome natin sila as guest of the Philippines much more than a representative of the UN Council. We can welcome them, open the doors. But may mga off limits dyan, off limits siguro sila sa bedroom natin.”

(As I’ve said earlier, we can welcome them as guest of the Philippines much more than a representative of the UN Council. We can welcome them, open the doors. But there are areas that are off limits. They are off limits in our bedroom.)

The former envoy clarified that a resolution does not require an investigation but merely an inquiry on the human rights situation in the country.

“It’s just a matter of fact-finding or inquiry as opposed to investigation. Pero (but) if at all they will send special rapporteurs,” Baja said.

“But these are subject to the sovereignty. This is recognized even so by the charter of the United Nations, so [they] cannot really force themselves even if they have the resolution. They have to cooperate with the conditions imposed by the government,” Baja added.

He also explained that the UNHRC does not have enforcement provisions in case of a non-action by a member.

“They have to go to other organs [of] the United Nations which have enforcement actions like the Security Council, but that will be a far-fetched cause of action,” Baja said.

The resolution submitted by Iceland last July 4 to the UNHRC sought a “comprehensive written report” on the human rights situation in the Philippines.

It was adopted by the UNHCR with 18 affirmative votes, 14 negative votes, and 15 abstain votes. /ee

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