Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2982

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Internally displaced persons (IDPs) are described as those “persons or groups of
persons who have been forced or obliged to flee or to leave their homes 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. IDPs do not enjoy adequate protection
and assistance compared to their counterparts who crossed an internationally
recognized border. They therefore experience suffering, neglect and deprivation.

The Philippines ranked third after Burma and Indonesia as countries in Southeast
Asia with the most number of internally displaced persons and among the top
forty (40) countries all over the world where internal displacement is considered
as a significant phenomenon. Counterinsurgency operations and related military
activities under the Government's “war on terrorism” are identified as the leading
causes of conflict-induced displacement in the country, especially in Mindanao.

The United Nations Guiding Principles on Internal Displacement were formulated
to recognize and respect the rights of IDPs to be protected against enforced or
involuntary displacement, at the instance of the United Nations Commission on
Human Rights (UNCHR). The Philippines, having been one of the original
signatories of the Universal Declaration of Human Rights, does not have an
existing government mechanism to prevent the occurrence of internal
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 government 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.

The immediate approval of this bill is requested.

JOSEPH VICTOR IERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL'NO.__ 2982 _

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
IMPROVING PHILIPPINE COMMITMENT TO HUMAN RIGHTS
PROMOTION AND PROTECTION BY PROVIDING THE
NECESSARY MECHANISMS FOR THE PREVENTION OF THE
OCCURRENCE AND PROTECTION FROM THE ADVERSE EFFECTS
OF INTERNAL DISPLACEMENT AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Internal
Displacement Act of 2010".

SEC 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 of citizens in distress in cases of internal
displacement caused by armed conflict, situations of generalized
violence, violation of human rights, demolitions, land conversions,
environmental destructions, aggressive implementation of
development projects and other man-made disasters.

SEC 3. Definitions. - For purposes of this Act, the following terms
shall mean:

1. “Internal 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, without crossing an
internationally recognized State border, as a result of or in order
to avoid the effects of armed conflict, situations of generalized
violence, violations of human rights or other natural or human
made disasters;


2. “Internally displaced person” refers to any individual who has
suffered harm as a direct result of an internal displacement as
defined above;

SEC 4. Prevention of Internal Displacement. - The State shall respect
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.

SEC 5. Permanent Prohibition of Internal Displacement. - The
prohibition of arbitrary or internal displacement and the fundamental
safeguards for its prevention shall not be suspended under any
circumstances including political instability, threat of war, state of war
or other public emergencies.

SEC 6. "Order of Battle” Not Legal Ground for Arbitrary or Internal
Displacement. — 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 internal displacement and shall subject
the perpetrators to the same corresponding penalties provided in this
Act.

SEC 7. Prohibition Against / Protection from Internal Displacement. —
The State shall protect its citizens from being internally displaced from
their place of habitual residence.

a. In consonance with this policy, the prohibition of arbitrary

displaceienk shall include:

. those based on policies of apartheid, “ethnic cleansing” or

similar practices aimed at or resulting in altering the

ethnic, religious or racial composition of the affected
population;

2. those in situations of armed conflicts, unless the security
of 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 undertaken to minimize
displacement and its adverse effects on the population that will
be affected.


c. If displacement is inevitable, the authorities undertaking such
displacement 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
dependency 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 displacement occurs in situations other than during the
emergency stages of armed conflicts and disasters, the following
guarantees shall be complied 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. the free and informed consent of those to be displaced
shall be sought;

4, the authorities concerned shall endeavor to involve those
affected, particularly women, in the planning and
management of their relocation;

5. law enforcement measures, where required, shall be
carried out by competent legal authorities; and,

6. the right to an effective remedy, including the review of
such decision by appropriate judicial or quasi-judicial
authorities, shall be respected.

f. Displacement shall not be carried out in a manner that violates
the rights to life, dignity, liberty and security of those affected.

SEC 8. Protection During Displacement. - 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, summary or arbitrary executions and
enforced disappearances, including abduction or
unacknowledged detention, threatening or resulting in death.
Threats and incitement to commit the foregoing acts shall be
prohibited;


(b)

(c)

(a)

(e)

(f)

(g)

Attacks or other acts of violence against internally displaced
persons shall be prohibited in all circumstances. In particular,
internally displaced persons shall be protected against:

1. direct or indiscriminate attacks or other acts of violence,
including the creation of areas wherein attacks on civilians
are permitted;

2. starvation as a method of combat and other forms of
deprivation of basic necessities;

3. use of internally displaced persons to shield military
objectives from attack or to shield, favor or impede
military operations;

4. attacks against the camps or settlements of internally
displaced persons; and,

5. the use of anti-personnel landmines.

Internally displaced persons, whether or not their liberty has
been restricted, shall be protected against:

Rape, mutilation, torture, cruel, inhuman or degrading
treatment or punishment and other outrages upon personal
dignity, such as acts of gender-specific violence, forced
prostitution and any form of indecent assault;

Slavery or any contemporary form of slavery, such as sale into
marriage, sexual exploitation, or forced labor of children; and,

Acts of violence intended to spread terror among internally
displaced persons;

Threats and incitement to commit any of the acts provided in
paragraphs (a), (b) and (c) shall be prohibited.

Internally displaced persons shall not be interned in or confined
to a camp. If in exceptional circumstances, such internment or
confinement is necessary, it shall not last longer than required
by the circumstances;

They shall be protected from discriminatory arrest and
detention as a result of their displacement. In no case shall
they be taken hostage;

In no circumstances shall internally displaced children be
recruited nor be required to take part in hostilities;

Internally displaced persons shall be protected against
discriminatory practices of recruitment into any armed forces
or groups. Any cruel, inhuman or degrading practices that


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compel compliance or punish non-compliance with recruitment
shall be prohibited in all circumstances;

Every internally displaced person has the right to liberty of
movement and freedom to choose his / her residence. In
particular, he / she has the right to move in freely in and out of
camps or other settlements;

Internally displaced persons have the right to:

1. leave the country;

2. seek asylum in another country; and,

3. be protected against forcible return to resettlement in
any place where their life, safety, liberty and / or health
would be at risk;

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;

The State shall endeavor to collect and identify the mortal
remains of those deceased, prevent their despoliation or
mutilation, and facilitate the return of those remains to the
next of kin or dispose of them respectfully;

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 sites of their
deceased relatives;

Members of internally displaced families who wish to remain
together shall be allowed to do so. Families separated by
displacement shall be reunited as quickly 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 family
reunification;

Members of internally displaced families whose personal liberty
has been restricted by internment or confinement in camps
shall have the right to remain together;

At the minimum, regardless of the circumstances and without
discrimination, the State shall provide internally displaced
persons with and ensure safe access to:

essential food and potable water;

basic shelter and housing;

appropriate clothing; and,

essential medical services and sanitation;

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(p) Disabled, wounded and sick internally displaced persons shall
receive, to the fullest extent practicable 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;

(q) Health needs of women shall be given special attention,
including access to reproductive health care as well as
appropriate counseling for victims of sexual and other abuses;

(r) Special attention should also be given to the prevention of
contagious and infectious diseases, including AIDS, among
internally displaced persons;

(s) The State shall issue to internally displaced persons all
documents necessary 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
documentation issued in their own names;

(u) Internally displaced persons, whether or not they are living in
camps, shall not be discriminated against as a result of their
displacement in the enjoyment of the 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
affairs;

4. vote and to participate in governmental and public
affairs; and,

5. communicate in a language they understand.
(v) The property and possessions of internally displaced persons
sulk in all circumstances be protected against the following
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, receive education that
shall be free and compulsory at the primary level. Education
should respect their cultural identity, language and religion.

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Special efforts 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, in particular adolescents and
women, whether or not living in camps, as soon as conditions
permit.

SEC 9. Addressing the continuing needs of displaced communitie:
All humanitarian assistance to victims of displaced persons, families
and communities shall be carried out in accordance with the principles
of 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 offer their services in support of
the internally displaced and shall be considered in good faith and not
be arbitrarily regarded as an unfriendly act or interference in the
government's internal affairs. All authorities concerned shall grant and
facilitate the free passage of humanitarian assistance and grant
persons engaged in the provision of such assistance rapid and
unimpeded access to the internally displaced.

Persons engaged in humanitarian assistance, their transport and
supplies shall be respected and protected. They shall not be the
object of attack or other acts of violence.

When providing assistance, international and local humanitarian
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 take appropriate measures in this regard.

Law enforcement agencies conducting military operations, the
Department of Social Welfare and Development, the Department of
Health, the corresponding government hospital and the local
government unit concerned shall provide immediate relief to internally
displaced persons, families and communities.

SEC 10. Assistance during the return, resettlement or local
integration of the displaced persons. - Competent authorities,
including the local government unit/s 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 of their
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
concerned, 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 unit/s 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.

SEC 11. Penal Provisions. -—

a. The penalty of reclusion perpetua shall be imposed shall be
imposed upon the following persons:

1. Those who directly committed the act of arbitrary or internal
displacement;

2. Those who directly forced, instigated, encouraged or induced
others to commit the act of internal displacement;

3. Those who cooperated in the act of arbitrary or internal
displacement by committing another act without which the act
of arbitrary or internal displacement would not have been
carried out;

4. Those commanding officers, as well as all elements of the
military, police and/or other law enforcement agencies who
actually and / or directly participated in the act of arbitrary or
internal displacement when it is within their power to stop the
commission of such act;


5. Those who cooperated in the execution of the act of arbitrary
or internal displacement by previous or simultaneous acts.

. The penalty of reclusion temporal shall be imposed upon those

who attempt to commit the offense of arbitrary or internal
displacement;

. The penalty of reciusion 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 of the following manners:

1. By themselves profiting from or assisting the offender to
profit from the effects of the act of arbitrary or internal
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;

. A public official or employee found guilty of committing the

prohibited acts provided for in Sections 7 and 8 of this Act shall
be permanently disqualified from holding any appointive or
elective position in the government.

. The accessory penalties pertaining to the penalties of reclusion

perpetua and redlusion temporal shall be imposed.

SEC 12. Role of the Commission on Human Rights. - The Commission
on Human Rights (CHR) shall be designated as the institutional focal
point for internally displaced persons. As such, the CHR shall have the
following functions:

a.

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 XIII of
the 1987 Constitution;


d. To follow up on early warning and ensure effective measures to
protect populations against internal displacement, in
coordination with local government units;

e. 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;

f. To undertake educational activities and training programs for
state authorities, including the armed forces; and,

g. To hold public information drives on the rights of IDPs.

SEC 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 annual funding for the
implementation of this Act shall be included in the General
Appropriations Act.

SEC 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 Commission on
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, from 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 human rights groups, nominated
by a selection board composed of human rights groups and non-
governmental organizations (NGOs);

f. The Chairperson of the Committee on Human Rights of the
House of Representatives;

g. The Chairperson of the Committee on Justice and Human Rights
of the Senate.

The monitoring group shall submit an annual report to both Houses of
Congress thirty (30) days after the end of each fiscal year. Such
annual report shall be the basis for proposed amendments to existing
legislation to improve the conditions of internally displaced persons.


SEC 15. Implementing Rules and Regulations. - The Commission on
Human Rights, in consultation, coordination and collaboration with the
Department of Social Welfare and Development, the Department of
National Defense, the Department 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.

SEC 16. Repealing Clause. - All laws, decrees, executive orders,
memorandum orders, memorandum circulars, administrative orders,
ordinances or any part thereof, inconsistent herewith are hereby
deemed, repealed or modified accordingly.

SEC 17. Separability Clause. - If any provision of this Act is held
invalid, any other provision not affected shall continue to be valid and
effective.

SEC 18. &ffectivity Clause. - This Act shall take effect fifteen (15)
days following the completion of its publication in the Official Gazette
or in at least two (2) national newspapers of general circulation.

Approved,