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/? RECEIVED
some 21 JUL 2013

Republic of the Philippines
REPUBLIC OF THE PHILIPPI]
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BIL No.

Introduced by HON. RENE L. RELAMPAGOS.

EXPLANATORY NOTE

Internal displacement has been a global phenomenon in the recent years due to the risks
and impact of climate change, global warming, armed conflict, development aggression,
among others. Recent studies have shown that during the period of 2008 to 2012, around 144
million people were forced to leave their homes in some 125 countries.

The Philippines ranks fourth globally as one of the top 20 countries with the most
displacement in 2008 - 2012, with 12.343 million people displaced from their communities.
In 2012 alone, the Philippines reached its peak on the displacement scale in June and
December of that year brought about by floods from southwest monsoon, typhoons and
Typhoon Pablo (international code: Bopha).

Jn contrast, the Philippines has been lauded by the United Nations Secretary-General
through its Special Representative on Disaster Risk Reduction, Margareta Wahlstrom, as
having laws on climate change adaptation and disaster risk reduction which are “the best in
the world” and “indicative of a shift from a reactionary to a proactive stance in addressing
disasters

Republic Act 10121, the Philippine Disaster Risk Reduction and Management Act of
2010. provides for a pro-active and holistic approach on disaster management, thereby
creating the National Disaster Risk Reduction and Management Council (NDRMMC) and
encourages pluralist participation of various agencies and stakeholders. The law affirms the
government’s commitment to respond to a paradigm shift in disaster management in
accordance with the Hyogo Framework for Action (HFA) that was adopted by 168 UN
Member States, including the Philippines, at the 2005 World Disaster Reduction Conference.
The law complements the Climate Change Act of 2009 (Republic Act 9729), which sets the
government's compliance to the standards set under UN Framework Convention on Climate
Change (UNFCCC). RA 9279 adopts the strategic goals of HFA and strengthens the link
between climate change and disaster risk reduction by addressing climate change issues


However. there is a glaring need to enact a law that adopts human rights- based approach
to disaster risk reduction and management in the Philippines, to ensure the continued
protection of those who are internally-displaced in situations of natural and man-made
disasters.

Intemnally-displaced persons (IDPs) are internationally recognized as individuals or
groups of people “who have been forced or obliged to flee or leave their homes or places of
habitual residence without crossing an intemational border.”

Consistent with relevant human rights treaties and conventions, such as the Universal
Declaration on Human Rights and the United Nations’ Guiding Principles on Internal
Displacement. this bill identifies the rights and guarantees for resettlement, return and re-
integration of IDPs in all phases of displacement. Further, it acknowledges the primary
responsibility of the national authorities to provide protection and assume accountability: in
cases of violations of the rights of IDPs. Finally, it incorporates the best practices among all
existing IDP laws of other countries and has made them effective and functional in the
Philippine context

Thus. it is an urgent priority to have this bill enacted into law

\

E nfLaueacos



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS,
First Regular Session

HOUSE BILL NO. 239

Introduced by HON. RENE L. RELAMPAGOS

AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS, PROVIDING
“PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. ~ This Act shall be known as the “Rights of Internally
Displaced Persons Act of 2013”. '

SEC. 2. Declaration of Principles and State Policies. ~ Consistent with the principles
enshrined in the 1987 Constitution, the standards set by international humanitarian law and
human rights laws, international treaties and conventions adhered to by the Philippines, itis
also hereby declared a State policy to promote and protect the rights of internally displaced
Persons in situations of armed conflict, generalized violence, tribal/clan wars, violations of
human rights, aggressive implementation of development projects, natural and man-made
disasters

When armed conflict of a non-interational character is inevitable, the State shall
ensure the promotion and protection of the rights of the citizens who are noncombatants and
who shall enjoy in full equality, the same rights and freedoms under international and

domestic law as do other persons in the country. These citizens shall not be discriminated

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against in the enjoyment of any rights and freedoms on the ground that they are internally
displaced

SEC. 3. Definition of Terms. — The following terms, as defined accordingly, shall be
used in this Act

(a) Imernal displacement refers to the involuntary movement or forced evacuation
or expulsion of any person or group of persons who 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, land conversion and any other land conflict, aggressive implementation of
development projects, natural and man-made disasters

(b) Arbitrary internal displacement refers to acts of displacement or any other
coercive act committed by any person or group/s of persons and directed against the civilian
population, which are contrary to law, good morals, public order or public policy, or
committed with abuse of authority, oppressive or wanton disregard of the right to life, liberty
or property and abode of the residents of an area in which they are lawfully-present, and
characterized by those situations as defined in Section 6 of this Act

.(©) Internally displaced person, hereinafter described as an IDP, refers to any

individual who has suffered harm as a direct result of internal displacement, whether arbitrary
or not, as defined herein

(4) Order of Battle Watchlist refers to any document or determination made by
the military, police or any law enforcement agency of the government, listing the names of
persons and organizations that it perceives to be enemies of the State and that it considers as

legitimate targets as combatants that it could deal with, through the use of meanis allowed by

domestic and international law.


(©) Apartheid refers to inhumane acts committed in the context of an
institutionalized regime of systematic oppression and domination by one racial group or
groups and committed with the intention of maintaining that regime

‘© Bimie cleansing refers to the act of rendering an area ethnically homogenous
by using force or intimidation 4 remave from @ given area! petsons OF anbthier ethniclor
religious group

(g) Tribal Clan War refers to any conflict that may arise between members of
different tribal groups, indigenous groups or clans, or between and among members of the
same tribe, indigenous group or clan .

SEC. 4. Scope. ~ This Act shall primarily provide for the protection of rights of IDPs
during and after displacement, as well as their resettlement, relocation and reintegration. This

Act shall likewise cover arbitrary internal displacement of civilians as a result of or in order

to avoid the effects of armed conflict, situations of generalized violence, violations of human

rights, aggressive implementation of development projects, natural and man-made disasters
In the case of natural disasters, due reference shall be made to the pertinent provisions of
Republic Act No. 10121, otherwise known as the Philippine Disaster Risk Reduction and
Management Act of 2010, regarding the early warning measures and durable’ solutions in
relation to internal displacement as a result of natural disasters.

“SEC. 5. Prevention of Arbitrary Internal Displacement. ~ State authorities, including
local government units (LGUs) and parties to an armed conflict, irrespective of their legal
status and applied without any adverse distinction, shall respect and ensure compliance with
their obligations under international law, including human rights law and humanitarian law,
So as to prevent and avoid conditions that might lead to arbitrary internal displacement of

persons


SEC. 6. Prohibited Acts of Arbitrary Internal Displacement. — The prohibited acts of
arbitrary internal displacement shall include, but are not limited to, those committed

(a) 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;

(b) in. situations of armed conflict, unless the security of civilians is
involved;

(©) in cases of large-scale development projects, including land conversion and
any other land conflict, which are not justified by compelling and overriding public interest;

(d) in cases of natural and man-made disasters, unless the safety and health of
those affected require their evacuation; :

(©) when used as a form of collective punishment;

-(2) in cases of tribal/clan wars, unless the security of those civilians not involved
in the conflict is endangered; and

(g) _ in violation of the rights of IDPs during displacement under Section 9 of this
Act.

An Order of Battle/Watchlist issued by the military or any law enforcement agency of
the government shall not justify arbitrary internal displacement and shall subject the
perpetrators to the penalties provided under Section 13 of this Act :

SEC. 7. Protection from Arbitrary Internal Displacement. ~ All authorities, including

the LGUs concerned, groups and persons, irrespective of their legal status and applied

without any adverse distinction, shall protect its citizens against being arbitrarily displaced
from their homes or places of habitual residence
Displacement shall not be carried out in a manner that violates the rights to life,

liberty, dignity and security of those affected


In addition, the following safeguards against arbitrary internal displacement shall be
observed by all concerned authorities, groups and persons

(a) All feasible alternatives shall be 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:

(b) If displacement is inevitable, the authorities shall ensure, to the greatest
practicable extent, that proper accommodation is effected in satisfactory conditions of safety,
nutrition, water and sanitation, health and hygiene, and that members of the same family,
especially women and children, are not separated;

(©) Indigenous peoples, minorities, peasants, pastoralists and other groups with
special dependency on and attachment to their lands shall be protected from arbitrary internal
displacement, in accordance with Republic Act No. 8371, otherwise known as the Indigenous
People’s Rights Act of 1997; and .

(d) 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) full disclosure of information on the reasons and procedures for the
displacement and when applicable, also on compensation and relocation;

(3) free and informed consent of those persons to be displaced shall be sought,

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

(5) _ law enforcement measures, when required, shall be carried out by competent

legal authorities, and


(6) the right to an effective remedy, including the review of such decisions by
appropriate judicial authorities, shall be respected
SEC. 8. Permanent Prohibition Against Arbitrary Internal Displacement. — The
prohibition on arbitrary internal displacement and the fundamental safeguards for its
prevention shall not be suspended under any circumstance, including political instability,
threat of war, state of war or other public emergencies
SEC. 9. Rights During and After Displacement. ~ Pursuant to the provisions of the
Bill of Rights under Article III of the 1987 Philippine Constitution, the following rights shall
be afforded to IDPs during and after their displacement, without discrimination of any kind,
such as those based on race, color, sex, language, religion or belief, political or other opinion,
national, ethnic or social origin, legal or social status, age, disability, property, birth or on any
other similar criteria
(@) Provision and Access to Basic Necessities. — At the minimum, regardless of
the circumstances, and without discrimination, competent authorities shall provide IDPs with
and ensure safe access to: :
(1) essential and adequate food and nutrition and potable water;
“(2) basic shelter and housing;
(3) appropriate clothing; and
(4) essential medical and dental services and sanitation, including psychological
and social services and essential drugs and medicines;
(6) Protection Against Criminal Offenses and Other Unlawful Acts. ~
(1) It shall be prohibited to commit any of the following acts against IDPs in all
circumstances:
() Murder,

(ii) Hostage-taking;


(iii) Summary or arbitrary execution and enforced disappearanoe, including
abduction or unacknowledged detention, threatening or resulting in death; and
. (iv) Unlawful confinement;

_ (2) Attacks or other acts of violence against IDPs who do not or no longer
participate in hostilities shall be prohibited in all circumstances, without prejudice to being
held liable for any offense committed by them. In particular, IDPs shall be protected against

(i) direct or indiscriminate attacks or other acts of violence, including the creation

of areas wherein attacks on civilians are permitted;

(ii) starvation as a method of combat;

Gii) their being used to shield military objectives from attack, or to shield, favor or
impede the operations of the military, police or any armed group;

(iv) attacks against any evacuation center, facility, encampment or other
settlements; and

(v) use of anti-personnel landmines;

(3) IDPs, whether or not their liberty has been restricted, shall be protected in
particular against

(i) rape, mutilation, torture, cruel, inhumane or degrading maseelt tas
punishment, and other outrages upon personal dignity, such as acts of gender-specific
violence, forced prostitution and any form of indecent assault;

" Gi) slavery or any contemporary form of slavery, such as sale into marriage,

sexual exploitation or forced labor of children; and

(i) acts of violence intended to spread terror among IDPs.

Threats and incitement to commit any of the foregoing acts under paragraph (b),

subsections | and 3 herein shall be prohibited;


(4) IDPs shall not be interned in or confined in any evacuation center, facility,
encampment or other settlements, If in exceptional circumstances such internment or
confinement is necessary, it shall not last longer than what is required by the circumstances,
as may be determined by the Commission on Human Rights (CHR); and

(5) IDPs shall be protected against discriminatory practices of recruitment into the
Armed Forces of the Philippines (AFP), law enforcement agencies or any armed group as a
result of their displacement. In particular, any cruel, inhumane or degrading practice that
compel compliance or punish noncompliance with recruitment shall be prohibited in all
circumstances:

(©) Freedom of Movement. ~ (1) Every IDP has the right to liberty of movement
and freedom to choose a residence. In particular, the IDP has the right to move freely in and
out of any evacuation center, encampment of other settlements, subject to its existing rules
and regulations;

(2) IDPs, whether or not they are living in an evacuation center, encampment or
other settlements, shall not be discriminated against in the enjoyment of the following rights

(i) to enjoy freedom of thought, conscience, religion or belief, opinion and
expression;

(ii) to seek freely opportunities for employment and to participate in economic
activities:

(iii) to associate freely and participate equally in community affairs:

“Giv) to vote and participate in governmental and public affairs, including the right
to have access to the means necessary to exercise these rights; and

(v) to communicate in a language they understand;

(3) IDPs have the right to

(i) seek safety in another part of the country;


(ii) leave the country;

(iii) seek asylum in another country; and

(iv) be protected against forcible return to resettlement in any place where
their lives, safety, liberty and/or health would be at risk;

(4) Recognition, Issuance and Replacement of Documents. — The authorities
concerned shall issue to the IDPs all documents necessary for the enjoyment and exercise of
their Iégal rights. In particular, these authorities shall facilitate the issuance of new documents
or the replacement of documents lost in the course of displacement, without imposing
unreasonable conditions and without discrimination against men and women, who shall have
equal rights to obtain and to be issued the same in their own names;

(©) Family Unity and Missing Persons. ~ (1) Members of internally displaced
families who wish to remain together shall be allowed to do so. Families that are separated by
displacement and whose personal liberty have been restricted by internment or confinement
in any evacuation center, facility, encampment ot other settlements should be reunited
irumediately, with appropriate mesures tak@h to] expedie the! reaicn )paniellirly whet
euilerer are involved;

(2) The State shall encourage cooperation among international and local
humanitarian organizations engaged in the task of family reunification;

(3) The authorities concerned shall endeavor to establish the fate and whereabouts
of IDPs 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 authorities concerned shall endeavor to collect and identify the mortal
remains of the deceased, prevent their despoliation or mutilation and facilitate the return of

those remains to the next-of-kin or dispose of them respectfully; and


(5) Grave sites of IDPs shall be protected and respected in all circumstances and
shall have the right of access to the grave sites of their deceased relatives;

(Health and Education. ~ (1) Certain IDPs, such as children, especially
unaccompanied minors, expectant mothers, mothers with young children, female heads of
households, persons with disabilities and elderly persons, shall be entitled to protection and
assistance required by their condition and to treatment which takes into account their special
needs;

(2) All wounded and sick IDPs, as well as those with disabilities, shall receive to
the fullest extent practicable and with the least possible delay the medical care and attention
they require, without distinction on any ground other than the medical ones. When necessary,
IDPs shall have access to psychological and social services;

(3) Special attention shall be paid to the health needs of women, including access
to female health care, providers and services, as well as appropriate counseling for victims of
sexual and other abuses;

(4) Special attention shall also be given to the prevention of contagious and
infectious diseases, including AIDS, among IDPs, and

(5) The authorities concerned shall ensure that IDPs, in particular, displaced
children, receive education that shall be free and compulsory at the primary level. Special
efforts shall be made to ensure the full and equal participation of women and girls in
educational programs, and that respect for their cultural identity, language and religion,
educational and training facilities shall be made available to them as soon as circumstances
permit; and

(g) Property and Possessions. ~ The property and possessions of IDPs shall, in all
circumstances, be protected against the following acts

(1) _ pillage;
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(2) direct and indiscriminate attacks or other acts of violence;

(3) being used to shield military operations or objectives;

(4) being made the object of reprisal

(5) being destroyed or appropriated as a form of collective punishment; and

(6) destruction, arbitrary and illegal appropriation, occupation or use. The rights
and obligations herein shall not be interpreted as restricting, modifying or impairing the
provisions of any international human rights or international humanitarian law or rights
granted to persons under domestic law :

SEC. 10. Assistance during Displacement of IDPs. ~ The primary duty and
responsibility for providing humanitarian assistance to IDPs lie with national authorities, in
close collaboration with the LGUs exercising territorial jurisdiction over the affected area/s
As such, the military and law enforcement agencies conducting operations, the Department of
Social Welfare and Development (DSWD), the Department of Health (DOH), the local
government hospitals, the LGUs concerned and other appropriate government agencies shall
provide immediate relief and humanitarian assistance to IDPs, families and communities

Humanitarian assistance to IDPs shall not be diverted for any political or military
reasons. All authorities concerned shall grant and facilitate the free passage of humanitarian
assistance to the internally displaced and ensure rapid, safe and unimpeded access of persons
engaged in giving such assistance, their transport and supplies to the displaced communities
They shall not be the objects of attack or other acts of violence

All concemed authorities shall assist the IDPs in the recovery of their property and
possessions, and shall provide or assist these persons in obtaining appropriate compensation
or other forms of just reparation

SEC. 11. Return, Resettlement and Reintegration. ~ Competent authorities, such as

the military and law enforcement agencies conducting operations, the DSWD, the DOH, the
11


local government hospitals, the LGUs concerned and other appropriate government agencies,
shall have the primary duty and responsibility to establish conditions and provide means for
IDPs to return voluntarily, in safety and with dignity, to their homes or places of habitual
residence, or to resettle voluntarily

Said authorities shall likewise ensure the full participation of IDPs in the planning and
management of their return, resettlement and reintegration

SEC. 12. Mechanisms for International Humanitarian Assistance. ~ International
humanitarian organizations, their local counterparts and other appropriate actors shall have
the right to offer their services in support of the internally displaced. These acts shall be
considered in good faith and not as unfriendly acts or interference in the internal’affairs of the
government, Consent thereto shall not be arbitrarily withheld, particularly when authorities
concerned are unable or unwilling to provide the required humanitarian assistance.

When providing assistance to IDPs, said organizations shall respect relevant domestic
laws, intemational standards and codes of conduct. They shall give due regard to the
protection of the needs and human rights of the IDPs

The importation and donation of food, clothing, medicine and equipment necessary
for relief and assistance of IDPs are hereby authorized in accordance with Section 105 of the
Tariff and Customs Code of the Philippines, as amended, and the prevailing provisions of the
General Appropriations Act (GAA) as regards national internal revenue taxes and import
duties of national and local government agencies.

SEC. 13. Penalties. ~ (a) The penalty of rechision temporal in its minimum to
medium period shall be imposed upon the following persons

(1) Those who directly commit the act of arbitrary internal displacement;

(2) Those who directly force, instigate, encourage, induce or incite others to

commit the act of arbitrary internal displacement;
12


(3) Those who cooperate in the act of arbitrary internal displacement by
committing another act, without which the act of arbitrary 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 participate in the act of
arbitrary internal displacement;

(5) Those who cooperated in the execution of the act of arbitrary internal
displacement by previous or simultaneous acts; and

(©) Those commanding officers of the military, police or other law enforcement
agencies or other authorities, for acts of arbitrary internal displacement committed by forces
under their effective command and control, or effective authority and control as the case may
be, as a result of their failure to exercise proper control over such forces, where the
commanding officers or authorities knew or, owing to the circumstances at the time, should
Trave|knowaltit the’ forees| Were eeianifite or shout tojcominttal hier men and failed)
take all necessary and reasonable means within their power to prevent or repress their
commission, or to submit the matter to competent authorities for investigation and
prosecution

(6) The penalty of prision mayor in its minimum period shall be imposed upon
those who attempt to commit the offense of arbitrary internal displacement. ,

(©) The penalty of prision mayor in its minimum period shall be imposed upon
persons who, having knowledge of the act of arbitrary intemal displacement and without
having participated therein, either as principals or accomplices, took part subsequent to its
commission by any of the following acts:

(1) By themselves profiting from or assisting the offender to profit from the

effects of the act of arbitrary internal displacement:

13


(2) By concealing the act of arbitrary internal displacement and/or destroying the
effects or instruments thereof, in order to prevent its discovery; and

(3) By harboring, concealing or assisting in the escape of the principal/s in the act
of arbitrary internal displacement: Provided, That the accessory acts are done with the abuse
of the official’s public functions. :

(d) The courts shall impose the corresponding accessory penalties under the Revised
Penal Code, especially where the offender is a public officer.

"SEG! 14) Applanbitinylof the Revised Penal CoeandioSyeeial Pera Tears The
provisions of the Revised Penal Code and other relevant special penal laws, insofar as they
are applicable, shall be suppletory to this Act

SEC. 15. Jurisdiction of the Courts. — The proper and competent civilian courts shall
have jurisdiction over the offense of arbitrary internal displacement as defined and penalized
in this Act. .

SEC. 16. Financial Assistance to IDPs.- Where the operations conducted by the
military, police and other law enforcement agencies cause damage to IDPs, the necessary
financial assistance for their return, resettlement or re-integration shall be provided

SEC. 17. Compensation. ~ The CHR shall determine the damages inflicted against IDPs
and direct the parties and agencies responsible for arbitrary internal displacement to award
monetary compensation under the following circumstances:

(a) Where death of an individual victim occurs, the amount of Fifty Thousand
Pesos (Php$0,000.00) shall be granted to the legal heirs of the victim as a death Benefit;

(b) Where physical, emotional and/or psychological injury is caused to an
individual victim, actual and compensatory damages, including moral, nominal, exemplary

and.temperate damages resulting from such injury, shall be paid to the victim; and

14


(©) Where loss of or damage to property of an individual victim occurs, the
amount corresponding to the fair market value of the property lost or destroyed or the amount
mutually agreed upon by the parties involved, whichever is higher, shall be paid to the victim

SEC. 18. Role of the CHR. ~ The CHR shall be designated as the institutional focal
point for IDPs. As such, the CHR shall have the following additional functions
a) To monitor IDP conditions to ensure that their rights are respected and

protected in all phases of internal displacement;

b) To conduct public inquiries, document violations of human rights, assist IDPs
in seeking redress of grievances and work to ensure an effective response by the concerned
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, and when found in the investigation that the
filing of a case in court is warranted, request the assistance of any department, bureau, office
or agency, such as the National Prosecution Service of the Department of Justice or the
Ombudsman, by virtue of Executive Order No. 163, Series of 1987;

“d) To determine the damages incurred against IDPs and facilitate award of
conipensation for such victims by directing the parties and agencies responsible for the
violations to gram the same;

©) To cite any person in contempt for violations of the orders issued by them in
accordance with the Rules of Court;

£) To follow up on early warning and ensure effective measures to protect the

civilian population against arbitrary internal displacement;

15


2) To advise the government on the rights of IDPs, formulate sdund national
policy and legislation and to facilitate discussions to effectively address situations of internal
displacement;

. -h) To undertake educational activities and training programs for State authorities,
including the AFP;

i) To hold public information drives on the protection and rights of IDPs, and

foster IDP participation in the decision-making process regarding issues that concern them;
and

j) To carry out such other acts that may be necessary to fully implement the
purposes of this Act

“SEC. 19. Joint Congressional Oversight Committee. — A Joint Congressional
Oversight Committee is hereby created, composed of the Chairman of the Senate Committee
on Justice and Human Rights and seven (7) other Senators designated by the Senate
President, and the Chairman of the House Committee on Human Rights and seven (7) other
Members of the House of Representatives, designated by the Speaker of the House of
Representatives: Provided, That, of the seven (7) Members to be designated by each House of
Congress, four (4) shall represent the Majority and three (3) from the Minority.

The Joint Congressional Oversight Committee shall also have the power to inquire
into, summon and investigate the Orders of Battle as defined under this Act, as well as the
legal and factual justifications for the inclusion of specific persons and groups in said Orders
of Battle. In this regard, the Joint Congressional Oversight Committee may issue mandatory
process directing the transmission of all such documents relevant and necessary for the

Committee to determine the validity of the inclusion of specific persons or groups in the

Orders of Battle. For this purpose, the highest ranking officers or heads of offices shall be

16


charged with testifying before the Joint Congressional Oversight Committee in relation to any
inquiries on the Orders of Battle

The invocation of national security as a defense may not prevent the Joint
Congressional Oversight Committee from inquiring into the factual and/or legal bases for the
existence of an Order of Battle or the inclusion of specific persons or groups in said Orders of
Battle. Should there be a need to inquire into the factual basis for the invocation of national
security, the Committee shall convene in an executive session and hear the officials invoking
it, Should the basis not be satisfactory to the Committee, the public hearing/s will continue
and appropriate recommendations shall thereafter be made by the Committee

SEC. 20. Monitoring of Compliance with this Act. ~ An inter-agency coordinating
committee shall be tasked to periodically monitor the compliance with this Act. The
committee shall be headed by the Chairperson of the CHR. Members of the 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,

(dA representative from the Office of Civil Defense (National Disaster Risk

Reduction and Management Coordinating Council;

(e.)A representative of human rights non-governmental organizations (NGOs) and
other [Luman rights groups, nominated by a selection board composed of human

rights groups and non-governmental organizations (NGOs),

(£) The Chairperson of the Committee on Justice and Human Rights of the Senate,

and


(g.)The Chairperson of the Committee on Justice of the House of Representatives.

The Committee shall work towards the collection of data on the number and
conditions of IDPs, leading to a registry that will aid the government in efficient planning
and policy making regarding issues affecting IDPs.

The Committee shall likewise prioritize the releasing of immediate financial
assistance, allotted by its component agencies, to those affected by arbitrary internal

displacement

The Committee shall submit an annual report to the Joint Congressional Oversight
Committee herein created, 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. 21. Appropriations. ~ The amount necessary for the initial implementation of
this Act shall be charged against the current year’s appropriations of the CHR, the DSWD,
the Department of National Defense (DND) and the Department of the Interior and Local
Government (DILG). Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the General Appropriations Act

SEC. 22. Implementing Rules and Regulations. ~ The CHR shall issue the necessary
rules and regulations to implement the provisions of this Act within sixty (60) days from its
effectivity

In the formulation of the rules and regulations, the CHR shall take the lead and
coordinate with DSWD, DND, DILG, Department of Environment and Natural Resources
(DENR), DOH, National Commission on Indigenous Peoples (NCIP), Presidential
Commission on Urban Poor (PCUP), Housing and Urban Development Coordinating Council
(HUDCC), National Disaster Risk Reduction and Management Coordinating Council
(NDRRMCC), National Housing Authority (NHA) and consult with the LGUs concerned,
human rights non-governmental organizations and people's organizations

18


SEC. 23. Repealing Clause. ~ All laws, decrees, executive orders, memorandum
orders, memorandum circulars, administrative orders, ordinances or parts thereof which are
inconsistent with the provisions of this Act are hereby deemed repealed or modified
accordingly

SEC. 24. Separability Clause. ~ If any part or provision of this Act shall be declared
unconstitutional or invalid, the other provisions hereof which are not affected thereby shall

remain in full force and effect.

- SEC. 24. Effectivity. ~ This Act shall take effect fifteen (15) days upon its publicati

in the Official Gazette or at least two (2) newspapers of national circulation

Approved,

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