14“’ CONGRESS OF THE 
1 
FIRST REGULAR SESSION 
1 
REPUBLIC OF THE PMILIPPINES ) 
..- 
EXPLANATORY NOTE 
Iiitcrnally displaced persons (IDPs) are described as those “persons or groups of 
persons who have been forced or obliged to flee or to leave their bomcs or places of 
habitual residence, in particular as a result of or in order to avoid the effects of armed 
conflict, situations of generalized violence, violations of human rights or natural or 
human-made disasters, and who have not crossed an internationally recognized State 
border. JDPs are differentiated from refugecs in that the latter “flee across international 
frontiers with a well-founded few of persecution based oil racial, religious, national, 
social or political grounds.” lDPs do iiot enjoy adequatc protection and assistance 
compared to their counterparts who crossed an internationally recognized border. ‘Yhey 
therefore experience suffering, neglect and deprivation. 
The Philippines now ranks third afkr Buiina and Indonesia as conntries in 
Southeast Asia with the most number of internally displaced persons and aniong the top 
forty (40) countries all over the world where internal displacement is considered as a 
significant phenomenon. According to the Department of Social Welfare and 
lhelopment, as of the first semester of 2006, over 400,000 families are affcctcd by 
internal displacement caused by natural and manmade disasters, armed conflict and 
dcvclopnieiit aggression. Counterinsurgency operations and related military activities 
under the Government’s “war on terrorism” arc identified as the lcading causcs of 
conflict-induced displaceliient in the country, especially in Mindanao, whcre ethnic 
groups have been struggling for autonomy or independcnce for the last thirty (30) years. 
The United Nations Guiding Principles on Internal Displacement were lormulated 
to recognize and respect the rights of IDPs to be protected against enforced or involuntary 
displacement, at the instance of the IJnited Nations Commission on Human Rights 
(UNCHR). The Philippines. having been one of the original signatories of the Universal 
Declaration of Humcan Rights. does not have an existing government mechanism to 
prevent the occurrence of iiitemal displacement. Adverse consequences of internal 
displacement are merely considered as collateral damages. 
The measure seeks to localize the guiding principles on internal displacement set 
forth by the United Nations. Through this proposal, the Governnient shall be able to 
establish a mechanism to support victims of internal displacement in armed conflict, to be 
able to ensure that the rights and lives of its citizens shall not be placed at risk. 
Thus, the immediate appro\raI of this Bill is earnestly sought. 
AQ~ILINQ Q. PIMENTEL, JR. 


14‘h CONGRESS OF THE 
1 
FIRST REGULAR SESSION 
1 
REPUBLIC OF THE PHILIPPINES ) 
SENATE BILL NO. 14 8 0 
Introduced bv Senator Aauilino 0. Pimentel. Jr. 
AN ACT IMPROVING PHILIPPTNE COMMITMENT TO HUMAN RIGHTS 
PROMOTION AND PROTECTTON BY PROVIDING TIHE NECESSARY 
MECI-IANISMS FOR THE PREVENTION OF THE OCCURRENCE AND 
I’ROTECI’ION FROM THE ADVERSE EFFECTS OF INTERNAL DISPLACEMENT 
AND FOR OTHER PURPOSES 
Be it enucted hv the Senate and House of Representatives of the Philip-pines in Conzress 
assembled 
SECTION 1. Short Title. This Act shall be known as the “Internal Ilisplacement 
Act of 2007” 
SECTION 2. Declaration of Principles and State Policies. The prime duly of the 
Government is to serve and protect the people. It shall be the policy of the State, 
consistent with international laws, to safeguard the interests and security o€ citizens in 
distress in cases of internal displacement caused by arnied conflict, situations of 
generalized violence, violation of human rights, demolitions, land conversions, 
environmental destructions, aggressive implementation ol‘ development projects and 
other man-made disasters. 
SECTION 3. Defititions. For purposes of this Act, the following terms shall 
mean: 
1. “Internd Displacement” refers to the forced or obliged movement of person or 
group of persons to flee or leave their homes or places of habitual residence, 
withoul crossing an internationally recognized State border, as a result of or in 
order to avoid the effects ol‘ arnied conflict, situations of‘ generalized violence, 
violations of human rights or other natural or human made disasters; 
2. “Internally displaced person” rerers to any individual who has sul‘fered harm as a 
direct result of an internal displacemeiit as defined above. 
SECTION 4. Prevention of Internal Dkplncenzent. The State shall respcct and 
ensure for their obligations under international law, including human rights law and 
humanitarian law, so as to prevent and avoid conditions that might lead to displacement 
of persons. 
SECTION 5. Permanent Prohibition of Infernal Displacement. The prohibition 
of arbitrary or intcrnal displaccrnent and thc fundanicntal safeguards for its prevention 
shall not be suspended under any circunislances including political instability, thrcat of 
war, statc of war or other public cincqpicics. 


SECTION 6. “Order of Battle” Not Legid Ground for Arbitrary or Iittcrrzrrl 
Displacenzent”. An order of battle, official or otherwise, issued by the military, police or 
any law-enforcement agency of the government, shall not justify an arbitrary or intcrnal 
displaceincut and shall sub.jcct the perpetrators to the same corresponding penalties 
provided in this Act. 
SECTION 7. Prohibition Against/ Protection from Internal Displacement. The 
State shall protect its citizens from being internally displaced fiom hidher place of 
habitual residence. 
a. In consonance with this policy, the prohibition of arbitrary displacement shall 
include: 
1. those based on policies of apartheid, “ethnic cleansing” or similar 
practices aimed atlor resulting in altering the ethnic, religious or racial 
composition of the affected population; 
2. those in situations of armed conflicts, unless the security o f  the civilians 
involved or imperative military reasons so demand; 
3. those in cases of large-scale government development projects, which are 
not justified by compelling and overriding public interests; 
4. those used as a collective punishment. 
However, displacement not included in the preceding prohibitions shall 
not last longer than what is required by the circumstances. 
b. Prior to any decision requiring the displacement of persons, the authorities 
concerned shall ensure that all feasible alternatives are explored in order to avoid 
displacement. Where no alternatives exist, all measures shall be undertalten to 
minimize displacement and its adverse effects on the population that will be 
affected. 
c. If displacement is inevitable, the authorities undertaking such displacc~nent shall 
ensure, to the greatest practicable extent, that proper accommodation is provided 
to the displaced persons, that such displacements are effected in satisfactory 
conditions of safety, nutrition, health and hygiene, and that members of the same 
family are not separated. Indigenous peoples, minorities, peasants, pastoralists 
and other groups with a special depeudency on and attachment to their lands shall 
be protected from displacement. 
d. Displacement shall not be carried out in a manner that violates the rights to life, 
dignity, liberty and security of those affected. 
e. If displacenient occurs in situations other than during the emergency stages of 
armed conflicts and disasters, the following guarantees shall be coniplicd with: 
1. a specific decision shall be taken by the authority empowered by law to 
order such measures; 
2. adequate measures shall be taken to guarantee to those to be displaced full 
information on the reasons and procedures for their displacement and, 
where applicable, on compensation and relocation; 
3. thc free and informed consent of those to be displaced shall be sought; 
4. the authorities concerncd shall endeavor to involve those affected, 
particularly women, in the planning and management of their relocation; 
5. law enforccinent measures, whcre required, shall be carried out by 
competent legal authorities; and, 
6. the right to an effectivc remedy, including the rcview of such decision by 
appropriate judicial or quasi-judicial authorities, shall be respected. 


f. Displacement shall not be cauicd out in a manner that violates the rights to life, 
dignity, liberty and security of those affected. 
SECTION 8. Protection During Displcccewzent. The following rights shall be 
afforded internally displaced persons during the period of their displacement: 
(a) 
Internally displaced persons shall be protected against genocide, murder, 
sunmary or arbitrary executions and eiiforced disappearances, including abduction or 
~inaclmowledged detention, threatening or resulting in dsath. 'Threats and incilenient to 
commit the foregoing ncts shall be prohibited; 
(b) 
Attacks or other acts of violence against intemzlly displaced persons shall 
be prohibited in all circumstances. In piuticular, intenially displaced persons shall be 
protected against: 
1. 
2. 
3 .  
4. 
5. 
(c) 
dircct or indiscriminate attacks or other acts of violence, including the 
creation of arcas u4ierein attacks on civilians arc permitted, 
starvation as a method of combat and other forms of deprivation of basic 
nccessitics, 
use of internally displaced persons to shield military objectives from 
attack or to shield, favor or iinpedc mili.tary operations, 
attacks against the camps or settlements of internally displaced persons 
and, 
the usc of anti-personncl landniincs; 
Internally displaced persocs, whetlier or not their liberty has been 
restricted, shall be protected against: 
1. Rape, mutilation, torturc, cixcl, inhuman pi: degrading trcdtnient or 
punishmelit and other outroges upon personal dignity, such as acts of 
gender- specific violence, forced prostitution and any form of indecent 
assault, 
2. Slavery or any contemporary form of slwery, such as sale ink izaujage, 
sexual exploitation, or forced labor of cliildreii and, 
3. Acts of violence intended to sprcad terror among internally displaced 
persons; 
Threats and incitement to commit any of the acts provided in pgagraphs (a), (b) 
and (c) shall be prohibited; 
(d) 
Internally displaced persons shall not be interned in or confined to a cLunp. 
If in exceptional circumstances, such internment or coniinenient is necessary: it shal! not 
last longer than required by the circumstances; 
. .  
(e) 
They shell be protected from discriminatory arresr and detention as ti 
result oftheir displacement. In no case sbdl they be taltcn hostage; 
(0 
In no circumstances shall iriternally displaced cliilctreu be recruited nor be 
required to take part in hostilities; 
(g) 
Internally displaced persons shall be protectsd against discriininttory 
practices of recruitment into iuiy arincd Eorccs or group. Any cruel, inhuman or 
dcgrading practices that compel coinpliancc or punish nun-cimpliance with recruitinent 
shall hc prohibited ill all circumstances; 


(h) 
Every intcrnally displaced pcrson has the right to libcrty of movement and 
ficcdoni to choose hisher residence. In particular. heishe has the right to move in freely 
in and out of canips or other scttlemcnts; 
(i) 
Internally displaced persons have the right to: 
1. 
leave the country, 
2. 
3. 
,
,
 
seek asylum in another country and, 
be protected against forcible return to resettleinent in any place 
where their life, safety, liberty and/or health would be at risk; 
(i) 
The State shall endeavor to establish the fate and whereabouts of 
internally displaced persons reported missing, and cooperate with relevant international 
organizations engaged in this task. They shall inform the next of kin on the progress of 
the investigation and notify them of any result; 
(I<) 
'The Statc shall endeavor to collect and idcntify the mortal remains of 
those deccased, prevent their despoliation or mutilation, and facilitate thc return of those 
remains to the next of kill or dispose of them respectfully; 
(I) 
Grave sites of internally displaced persons shall be protected and respected 
in all circumstances. Internally displaced persons shall have the right of access to the 
grave sitcs of their deceased relatives; 
(in) 
Members of internally displaced families who wish to remain together 
shall be allowed to do so. Families separated by displacement shall be reunited as quiclsly 
as possible. All appropriate measures shall be taken to expedite the reunion of such 
families, particularly when children are involved. The State shall encourage the 
cooperation of international and local humanitarian organizations engaged in the task of 
finlily reunification; 
(n) 
Members ol' internally displaced families whose personal liberty has been 
restricted by internment or confinement in camps shall have the right to remain together; 
(0) 
At the minimum, regardless of the circumstances. and without 
discrimination, the State shall provide internally displaced persons with and ensure safe 
access to: 
1. essential food and potable water, 
2. basic shelter and housing, 
3. appropriate clothing and, 
4. essential medical services and sanitation; 
I)isabled, wounded and sick internally displaced persons shall receive, to 
the fullest extcnt practicalile and with the least possible delay, medical care and attention 
they require. When necessary, internally displaced persons shall have access to 
psychological and social services; 
(p) 
(9) 
Health needs of women shall he given special attention, including access 
to reproductive hcalth care as well as appropriate counseling for victims of sexual and 
other abuses. 
(r) 
Special attention should also be givcn to the prevention of contagious and 
infectious diseascs, including AIDS, among internally displaced persons. 


(s) 
Thc State shall issue to internally displaced persons all docuineiits 
uecessary for the enjoyment and exercise of their legal rights without imposing 
unreasonable conditions. 
(t) 
Women and men shall have equal rights to obtain such necessary 
documents and shall have the right to have such docunieiitation issued in their own 
names. 
(11) 
Iuternally displaced persons, whether or not they are living in camps, 
shall not be discrimilialed against as a resull of their displacement in the enjoyment ofthe 
following rights to: 
1. freedom of thought, conscience, religion, opinion and expression; 
2. seek opportunities for employment and to participate in economic 
activities without restrictions; 
3. associate freely and participate equally in community dFairs; 
4. vote and to participate in governmental and public affairs and, 
5. communicate in a language they understand. 
'I%c property and possessions of internally displaced persons shall in all 
(v) 
circumstances be protected against the following acts: 
1. pillage; 
2. direct or indiscriminate attacks or other acts of violence; 
3, being used to shield military operations or objectives; 
4. being made the object of reprisal; and, 
5. being destroyed or appropriated as a form of collective punishment. 
Property and possessions left behind by internally displaced persons 
should be protected against destruction and illegal appropriation, occupation or 
use. 
(w) 
The State shall ensure that internally displaced persons, in particular, 
internally displaced children, reccive education that shall be free and compulsory a1 the 
primary level. Education should respect their cultural identity, language and religion. 
' 
(x) 
Special e€€orts should be made to ensure the full and equal participation of 
women and girls in educational program. Educational and training facilities shall be made 
available to internally displaced persons, iii particular adolescents and women, whether or 
not living in canips, as soon as conditions permit. 
SECTION 9. Addressing the continuing needs of displaced conzmuiiities. All 
humanitarian assistance to victims of displaced persons, families and communities shall 
be carried out in accordance with the principles 01 humanity and impartiality and without 
' 
discrimination. Humanitarian assistance, which shall be the primary duty and 
responsibility of national authorities concerned, shall not be diverted, in particular for 
political or military reasons. 
International and local humanitarian organizations and other appropriate actors 
have the right to offcr their services in support of the internally displaced and shall bc 
considered in good faitli and not be arbitrarily regarded as an unfriendly act or 
interferelice in thc governmcnt's internal affairs. All authorities concerned shall grant and 
facilitate the free passage of humanitarian assistance and grant persons engaged in the 
provisiou of such assistance rapid and unimpeded access to the internally displaced. 


Persons engaged in humanitari'an assistance, their transport and supplies shall be 
respccted and protectcd. They shall not be the object of attack or other acts of violence. 
When providing assistance, international and local hunianitarian organizations 
and other appropriate actors shall give due regard to the protection of the needs and 
human rights of the internally displaced persons and shall talte appropriate measures in 
this regard. 
Law enforcement agencies conducting military operations, the Department of 
Social Welfare and Development, the Departmelit of Health, the corresponding 
government hospital and the local government unit concerned shall provide immediate 
relief to internally displaced persons, families and communities. 
SECTION 10. Assistance during the return, resettlernenf or local iiitegratian iif 
the displaced persoits. Competent authorities, including the local government unitis 
concerned, shall have the primary duty and responsibility to establish conditions that 
allow internally displaced persons to return voluntarily, in safety and with dignity, to 
their homes or places or habitual residence, or to resettle voluntarily in another part of the 
country. Special efforts shall be made to ensure the full participation of internally 
displaced persons in the planning and management of their return or resettlement and 
reintegration. 
Internally displaced persons who have returned to their homes or places of 
habitual residence or who have resettled in another part of the country shall not be 
discriminated against as a result oftheir having been displaced. They shall have the right 
to participate fully and equally in public affairs at all levels and have equal access to 
public services. 
Competent authorities, including the local government unit/s conccrncd, have the 
duty and responsibility to assist returned and/or resettled internally displaced persons to 
recover, to the extent possible, their property and possessions which they left behind or 
were dispossessed of upon their displacement. When recovery of such property and 
possessions is not possible, competent authorities, including the local government unitis 
concerned, shall provide or assist these persons in obtaining appropriate compensation or 
another form of just reparation. 
All authorities concerned shall grant and facilitate for international and local 
humanitarian organizations and other appropriate actors in the exercise of their respective 
mandates, rapid and unimpeded access to internally displaced persons to assist in their 
return or resettlement and reintegration. 
SECTION 1 1. Pencil Provisions. 
a. 
persons: 
The penalty of reclusion perpetzca shall be imposed upon the I'ollowing 
1. 
displacement; 
2. 
others to commit the act of internal displacement; 
3. 
'I'hosc who cooperated in the act of arbitrary or internal 
displaccment by committing another act without which the act of arbitrary 
or internal displacement would not have been carried out; 
Those who directly committed the act of arbitrary or internal 
Those wlio directly forced, instigated, encouraged or induced 


4. 
Those commanding officers, as well as all elements of the military, 
police and/or other law enforcement agencies who actually and/or directly 
piirticipated in the act of arbitrary or internal displacement when it is 
within their power to stop the commission of such act; 
5. 
internal displacement by previous or simultaneous acts. 
The penalty of reclurion lernporal shall be imposed upon those who 
Those who cooperated in the execution of the act of arbitmy or 
b. 
attempt to commit the offense of arbitrary or internal displacement. 
c. 
The penalty of reclusion temporal shall also be imposed upon the persons 
who, having knowledge of the act of arbitrary or internal displacement, and 
without having participated therein, either as principals or accomplices, took part 
subsequent to its commission in any ofthe following manners: 
1. 
from the effects of the act of arbitrary or intcmai displacement; 
2. 
By concealing the act of arbitrary or internal displacement, and/or 
destroying the effects or instruments thereof, in order to prevent its 
discovery; 
3. 
By harboring, concealing, or assisting in the escape of the 
principal(s) in the act of arbitrary or internal displacement, provided the 
accessory acts are done with the abuse of the official’s public functions. 
d. A public official or employee found guilty of committing the prohibited acts 
provided for in Sections 7 and 8 of this Act shall be permmeiitly disqualified 
from holding any appointive or elective position in the government. 
e. The accessory penalties pertaining to the penalties of reclusion perpelua and 
reclusion temporal shall be imposed. 
By themselves profiting from or assisting thc offender to profit 
SECTION 12. Role of the Coinmission of Human Rights. The Commission of 
Human Rights (CHR) shall be designated as the institutional focal point for internally 
displaced persons. As such, the CHR shall have the following functions: 
C. 
d. 
e. 
a. 
b. 
To monitor IDP conditions to ensure that their rights are respected and 
protected in all phases of displacement; 
To conduct inquiries, document violations of human rights, assist IDPs 
in seeking redress of grievances and work to ensure an effective 
response by the authorities; 
To investigate, on its own or on complaint by any party, all forms of 
human rights violations against IDPs involving civil and political rights 
in accordance with Section 18(1) of Article XI11 of the 1987 
Constitution; 
To follow up on early warning and ensure effective measures lo protect 
populations against internal displacemelit, in coordination with local 
government units; 
To advise the government on the rights of IDPs towards the shaping of 
a sound national policy and legislation to effectively address situations 
of internal displacement; 
To undertake educational activities and training programs for state 
authorities, including the armed forces; and 
To hold public information drives on the rights of IDPs 


SECTION 
13. 
Appropriations. The amount of Fifty Million Pesos 
(P50,000,000) shall be appropriated for the initial implementation of the provisions of 
this Act. The subsequent sumual funding for the implementation of this Act shall be 
included in the General Appropriations Act. 
SECTION 14. Monitoring of Compliance with this Act. A Monitoring Group 
shall be tasked to periodically monitor the compliance with this Act. The group shall be 
headed by the Chairperson of the Coniinissioii o€ Human Rights. Members of this group 
shall be composed of: 
a. A representative, with the rank of Undersecretary, from the Department of 
Social Welfare and Development 
b. A representative, with the rank of Undersecretary, from the Department of 
National Defense; 
c. A representative, with the rank of Undersecretary, Itom the Department of 
Interior and Local Government; 
d. A representative from the National Disaster Coordinating Council; 
e. A representative of human rights non-governmental organizations (NGOs) 
and other huniiui rights groups, nominated by a selection board coinposed 
of huinan rights groups and non-governmental organizations (NGOs); and, 
f. The Chairperson of the Committee on Human Rights of the House of 
Representatives 
g. The Chairperson of the Committee on Justice and Hunian Rights of the 
Senate. 
The monitoring group shall submit ai annual report to both Houses ol' Congress, 
thirty (30) days after the end of each fiscal year. Such annual report shall be the basis for 
proposed an~enclnie~its 
to existing legislation to improve the conditions of internally 
displaced persons. 
SECTION 1 5. Iktplenwnting Rules and Regulations. The Coinniission of Human 
Rights, in consultation, coordination and collaboration with the Dcpartnient of Social 
Welfare and Development, the Department of National Defense, the Deptartment of 
Interior and Local Government, and human rights non-governmental organizations and 
people's organizations, shall draft the implementing rules and regulations necessary to 
carry out the provisions of this Act, within sixty (60) days following its effectivity. 
SECI'lON 
1 6. Repealing Clause. All laws, decrees, executive orders, 
nieinorandum orders, mcmoranduni circulars, administrative orders, ordinances or any 
part thercof, inconsistent herewith are hereby deemed, repealed or modified accordingly. 
SECX'ION 17. Separability Clause. If and when parts or portions of this Act shall 
be deemed invalid and/or unconstitutional, other parts and portions not affected thereby 
shall remain full force and effect/ 
SECTION 18. Effectivity. This Act shall take efkct fifteen (15) days upon its 
publication in at least two (2) newspapers of national circulation. 
Approved.