CHR acknowledges the observation of the Commission on Audit (COA) on the hiring of 130 consultants and granting of contract of service (COS) in various tasks and fields of expertise without undergoing market research, which is required under Republic Act No. 9184 or the Government Procurement Act (RA 9184). COA also noted that the hiring of certain specialists involving COS were not witnessed by a state auditor as required by COA Circular No. 2021-003.
The Commission on Human Rights (CHR) endeavored to provide timely response to the unprecedented challenges in human rights and the urgent demands of its key services. The expedient hiring of consultants and technical services in the past years was necessary and vital in delivering the mandate of the Commission given the plight of human rights on various fronts. To recall, the Commission set up the Interim National Preventive Mechanism (INPM) to help the government fulfill its obligation under the Optional Protocol to the Convention Against Torture or OPCAT; address issues on Climate Justice; and, popularize human rights, among others.
CHR applied Section 53.6 and 53.7 of RA 9184, which pertain to negotiated procurement or a procurement method for extraordinary circumstances. Specifically, Section 53.6(a) allows for the contracting of services or consultants for “scientific, academic, scholarly work or research, or legal services,” which covered the CHR’s hiring of consultants for climate change issues, INPM, content creation and module development, mental health advocacy, memorialization and oral history, jail decongestion, sign language, and for other pressing human rights issues that impact vulnerable sectors. As for the hiring of legal specialists of the Commission en banc, Section 53.7 provides for the hiring of consultants for work that is “primarily confidential or policy determining, where trust and confidence are the primary consideration for the hiring of the consultant.”
As an independent constitutional body, CHR welcomes feedback on its processes as we continually strive to improve and do better. CHR reassures the COA and the public that it has immediately acted upon its recommendations to duly comply with the standard process of RA 9184. The CHR Management immediately directed all CHR offices to strictly abide and start applying the procurement process in accordance with the said COA Audit Observation Memorandum. We also highlight that concrete outputs and tangible accomplishments were required from each consultant, which contributed to agency objectives.
The Commission adheres to the highest level of accountability and transparency as proven by our previous Unmodified Opinion Rating, which is the highest audit rating the COA gives to government agencies. CHR has also maintained its status A accreditation as a National Human Rights Institution (NHRI), which signifies credibility and the utmost level of accountability in line with the standards set under the Paris Principles for all NHRIs around the world.