BAGUIO CITY — An Ibaloi lawyer and former city councilor was appointed as a mandate holder of the United Nations Human Rights Council (UNHRC) on its 8th session last June 18.

ATTY. JOSE MOLINTAS. Nordis Photo

Lawyer Jose Mencio Molintas will hold office with four more appointees to the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP). The UNHRC officially assigned the five members (one each from Africa, Western Europe and Latin America and two from Asia).

Tracing his roots to Bokod, Benguet, Molintas served as a city councilor here, and challenged incumbent Congress representative Mauricio Domogan in the 2007 elections.

Molintas, a member of the National Union of People’s Lawyers (NUPL) is with the Cordillera Alternative Law Center or Dinteg. He used to chair the Cordillera Peoples Alliance (CPA) and is a member of the Cordillera Human Rights Alliance (CHRA).

Besides Molintas (Philippines), Jannie Lasimbang (Malaysia), Odimba Kombe (Congo), Jose Carlos Morales (Costa Rica) and John Henriksen (Norway) were also appointed and as EMRIP will meet once a year and report directly to the UNHRC.

The new Expert Mechanism will “assist UNHRC in the implementation of its mandate” by providing thematic expertise and making proposals pertaining to the rights of indigenous peoples.

8th Session output

Meanwhile in a press release, the UNHRC 8thSession adopted 13 resolutions on a range of issues, including the optional protocol to the international covenant on economic, social, and cultural rights; the promotion of a democratic and equitable international order; the promotion on the right of peoples to peace; and elimination of discrimination against persons affected by leprosy.

It appointed 13 new mandate holders on freedom of expression, health, racial discrimination, trafficking in persons, people of African descent, arbitrary detention, Haiti, indigenous peoples and minority issues as well as Special Rapporteur on freedom of opinion and expression; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special Rapporteur on contemporary forms of racism, racial discrimination xenophobia and related intolerance; and the Special Rapporteur on trafficking in persons, especially women and children.

Procedures and mandates

UNHRC extended the mandates of eight Special Procedures on extra-judicial executions, education, independence of judges, transnational corporations, torture, migrants, extreme poverty and trafficking in persons. The Council also adopted a resolution on the situation of human rights in Myanmar.

It extended for three years the mandates of the Special Rapporteur on extra-judicial, summary or arbitrary executions, the Special Rapporteur on the right to education, the Special Rapporteur on the independence of judges and lawyers, the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on the human rights of migrants, the Independent Expert on human rights and extreme poverty, and the Special Rapporteur on trafficking in persons, especially women and children.

On extra-judicial killings and people’s right to peace

UNHRC specifically, requested the Special Rapporteur to continue to examine situations of extra-judicial, summary or arbitrary executions in all circumstances and for whatever reason and to submit her or his findings on an annual basis; to enhance further his dialog with governments, as well as to follow up on recommendations; to continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment; and to apply a gender perspective to his work.

UNHRC urged States to cooperate and assist the Special Rapporteur in the performance of his task; and decides to extend the mandate of the Special Rapporteur on extra-judicial, summary or arbitrary executions for three years.

Concerning the promotion on the right of peoples to peace, the UN council stressed that peace is a vital requirement for the promotion and protection of all human rights.

It requested the United Nations High Commissioner for Human Rights to convene, before April 2009, a three-day workshop on the right of peoples to peace, with the participation of two experts from countries of each of the five regional groups, in order to further clarify the content and scope of this right.

Over the past five years, UN Special Rapporteurs Rodolfo Stavenhagen for the Rights of Indigenous Peoples and Minority Issues, and Philip Alston for Extra-judicial killing, summary and arbitrary execution were in the Philippines to monitor cases of human rights violations and forwarded their findings and recommendations.

Both Stavenhagen and Alston were in the Cordillera during their respective visits. # Lyn V. Ramo