SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) 18 FFR21 A852

SENATE 65 RECON EY. p
SENATE BILL NO. 99

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
‘TO PROMOTE AND PROTECT
THE RIGHTS OF HUMAN RIGHTS DEFENDERS

Explanatory Note

‘The 1987 Constitution in Article II, Section 11 provides that, “[t]he State values
the dignity of every human person and guarantees full respect for human rights.” The
Constitution in Article II, Section 14 also provides that, “[t}he State recognizes the role
of women in nation building, and shall ensure the fundamental equality before the law
of women and men.”

‘The Philippines is a State Party to eight (8) human rights treaties of the United
Nations, and it has accepted two (2) individual complaints procedure, and two (2)
inquiry mechanisms. It also has various laws on human rights, which include inter
alia, Republic Act No. 9745 or the “Anti-Torture Act of 2009”, Republic Act No. 9710
or the “Magna Carta of Women Act of 2009”, and Republic Act No. 10353 or the “Anti-
Enforced Disappearance Act of 2012”.

There is the Commission on Human Rights (CHR), the national human rights
institution of the Philippines, created under the 1987 Constitution and is a mechanism
that helps the State bring to the level of domestic implementation, human rights
promotion and protection found in treaties to which it is a State Party. Besides the
CHR, there are also offices established in the Executive Department that advocate for
human rights or advise the government on the same, and these include the Presidential
Human Rights Committee, the Human Rights Office of the Armed Forces of the
Philippines, and the Philippine National Police Human Rights Affairs Office.

However, it is alarming that despite legal standards and mechanisms in place,
the issue of human rights defenders being under threat was repeatedly raised in the
third cycle of the Universal Periodic Review (UPR) reporting of the Philippine
government before the UN Human Rights Council. In the Report of the Working
Group on the Philippine’s UPR Submission, eleven (11) recommendations referred to

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the situation of human rights defenders.’ In these recommendations, the areas of
common concern include a protection system for the HRDs, an enabling environment
to carry out their work, and the adoption of a national law for the promotion of the
rights of the HRDs.2

Regrettably, the Philippine government merely noted but did not commit to
support the recommendations in the said Report in the UPR concerning human rights
defenders.3

What is even disturbing is that President Rodrigo Duterte himself publicly
declared that he will order the shooting of human rights workers. 4 This
pronouncement from no less than the Chief Executive clearly places human rights
defenders under threat and encourages culture of impunity

In its March 2017 report, human rights group Frontline Defenders claimed that
15 HRDs working on various issues have been killed in a span of just three (3) months.
Among those killed were the couple Ramon Dagaas Pesadilla and his wife Leonila
Tapdasan Pesadilla. The spouses were members of the Compostela Farmers’
Association, who opposed mining projects in that area.5

In my proposed Senate Resolution No. 153 , which I filed in December 2017, I
cited the November 2017 report of human rights organization Karapatan stating that
there were already 17 women HRDs who were killed under the Duterte administration.

Enforced disappearance, death, harassment, suppression of fundamental
human rights and freedoms are continuing challenges of individuals and the
organizations to which they belong. This does not escape notice from outside the
Philippines. On July 2017, three (3) Special Rapporteurs asked the Philippine
government to prevent incitement to violence, and investigate extrajudicial killings of
human rights defenders.® These are compounded by actions of state agents that
weaken democratic institutions like the CHR, including its leadership.

This proposed legislation, which underwent a process of consultation with
stakeholders and human rights defenders who are themselves experts on the subject
matter, aims to institutionalize and enforce state obligations to provide protection to
HRDs, and to establish effective legal remedies for violations of the rights of HRDs.

1 See See, Report of the Working Group on the Universal Periodic Review (Philippines), available at
<<httpsi//documents-dds-ny.un.org/doc/UNDOC/GEN/G17/194/21/PDF/G1719421,pdf?OpenElement>,
‘accessed on 17 February 2018,

2 Ibid, 20 para. 133.176.

3 See Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State
‘under review (Philippines), AHRC/36/12/Add.1.

4 See Rappler, “Duterte warns he'll order shooting of human rights advocates’, available at
-<https://www rappler,com/nation/178968-duterte-probe-shoot-human-rights-advocates>, accessed on 17
February 2018.

5 See Frontine Defenders, Philippines: Spate of Kilings of human rights defenders, available at
<<https://mww frontlinedefenders.orgien/statement-its reportiphilippines-spate-kilings-human-rights-defenders>,
‘accessed on 17 February 2018.

6 See OHCHR “Philippines needs urgent action to reverse spiralling rights violations, UN experts say’, available
at <http:/wwwohchr.org/EN/NewsE vents/Pages/DisplayNews.aspx?LangID=E&NewsID=21926>, accessed on
1 February 2018,

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Guided as well by the United Nations Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, otherwise known as the
“Declaration for Human Rights Defenders,”7 and the Model National Law on the
Recognition and Protection of Human Rights Defenders,® this version seeks to
ascertain that the dynamic community of human rights workers in the Philippines
remains free and government policies will both support their work and ensure
accountability for violations of their rights and freedoms.

For these reasons and aspirations, the passage of this bill is earnestly sought.

7 Adopted as Resolution No. 53/144 by te UN General Assorbty on 9 December 1906



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SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES ) "8 FEB 21 ABS2
)

Second Regular Session
SENATE ee —f-

SENATE BILL NO. 1699

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
‘TO PROMOTE AND PROTECT
‘THE RIGHTS OF HUMAN RIGHTS DEFENDERS

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 “Human Rights Defenders

Act of 2018”.

SEC. 2. Declaration of Policy. — It is the policy of the State to value the dignity of
every human person and guarantee full respect for human rights. Pursuant to this
policy, the State shall uphold the primacy of human rights for all regardless of
ethnicity, sexual orientation, gender identity and expression, language, religion,
political or other opinion, national or social origin, property, birth or other statuses,
and create effective mechanisms to ensure that these rights and fundamental freedoms

are respected, promoted, protected and fulfilled.

Women human rights defenders, and individuals with diverse sexual orientation and
gender identity, are especially vulnerable to misogynistic attacks and sexual violence.

‘Through this law, the State shall create enabling environment to encourage women



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and individuals with diverse sexual orientation to pursue work on human rights, and

promote liberal principles of gender equality and bodily autonomy.
SEC. 3. Definition of Terms. —

a. Human Rights — refers to rights inherent to all human beings, regardless of

nationality, place of residence, sexual orientation, gender identity and
expression, ethnic origin, religion, language, or any other statuses. This body of
rights include those provided in the Universal Declaration of Human Rights,
United Nations treaties ratified by the Philippines, and national laws that

implement these commitments.

. Human Rights Defender — refers to any person who, individually or in

association with others, acts or seeks to act to promote, protect or strive for the
protection and realization of human rights and fundamental freedoms, at the
local, national, regional and international levels.

Human Rights Work — refers to practice of profession, activities, engagement,

that advance human rights found in United Nations Human Rights treaties

ratified by the Philippines, regional treaties on human rights where they exist,
and those found in the Constitution as well as other national laws. It includes
but is not limited to education, fact finding, humanitarian assistance in conflict

and emergency situation, and consultative dialogues.

|. Human Rights Organizations — refers to groups, organizations and associations

in the country and in other countries at the regional or international levels,
whether formal or informal, that strive for the protection of human rights and

fundamental freedoms.



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e. Intergovernmental Organization — refers to organizations established through
treaties among states in pursuit of common issues and interests.

f. Governmental Agency — refers to any department, bureau or office of the
National Government, or any of its branches and instrumentalists, or any
political subdivision, as well as any government-owned or controlled
corporation, including its subsidiaries, or other self-governing board or

commission of the Government.

TITLE IL

Rights and Freedoms of Human Rights Defenders

SEC. 4. Right to promote and protect human rights and fundamental freedoms. —
Everyone has the right, individually or in association with others, to promote and to
strive for the protection and realization of human rights and fundamental freedoms,

at the local, national, regional and international levels.

SEC. 5. Right to form groups, associations and organizations. — Everyone,
individually or in association with others, has the right to form, join and participate in
groups, associations and non-governmental organizations, for the purpose of
promoting and striving for the protection and realization of human rights and

fundamental freedoms.

SEC. 6. Right to solicit, receive and utilize resources. — Everyone, individually or in
association with others, has the right to solicit, receive and utilize resources, including
from domestic and international organizations, including governmental,

intergovernmental, philanthropic and private sources, for the express purpose of



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promoting and striving for the protection and realization of human rights and

fundamental freedoms.
SEC. 7. Right to seek, receive and disseminate information. ~

(1) Everyone, individually or in association with others, has the right:
(a) to know, seek, access, obtain, receive and hold information about all
human rights and fundamental freedoms, including information
regarding how those rights and freedoms are given effect in the our
legislative, judicial and administrative systems;
(b) to freely publish, impart or disseminate to others’ views, information
and knowledge on all human rights and fundamental freedoms; and
(©) to study, discuss, form and hold opinions on the observance, both in
law and in practice, of all human rights and fundamental freedoms and,
through these and other means, to draw public attention to those
matters.

(2) The right in subsection (1) may be exercised orally, in writing, in print, in

the form of art or through all forms of communication and media.

SEC. 8. Right to develop and advocate for human rights ideas. — Everyone,
individually or in association with others, has the right to develop and discuss new
ideas and principles which relate to human rights and fundamental freedoms, and to

advocate for their acceptance.

SEC. 9. Right to communicate with non-governmental, governmental and
intergovernmental organizations. — Everyone, individually or in association with
others, has the right to freely communicate with non-governmental, governmental and

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intergovernmental organizations, including subsidiary bodies, mechanisms or experts
with a mandate relevant to human rights and fundamental freedoms, as well as with

diplomatic representations.

SEC. 10. Right to access, communicate with and cooperate with international and
regional human rights bodies and mechanisms. — In accordance with applicable
international instruments and procedures, everyone, individually or in association
with others, has the right to unhindered access to, and to communicate and cooperate
with, international and regional human rights bodies and mechanisms, including

treaty bodies and special procedures or special rapporteurs.
SEC. 11. Right to participate in public affairs. ~

(1) Everyone, individually or in association with others, has the right to
participate effectively in the conduct of public affairs, including participation
ona nondiscriminatory basis in the government of his or her country, regarding
human rights and fundamental freedoms.
(2) The right in subsection (1) includes the right:
(a) to submit to any public authority, or agency or organization
concerned with public affairs, proposals for improving its functioning
with respect to human rights and fundamental freedoms;
(b) to recommend to any public authority regarding legislative or
regulatory changes relating to human rights and fundamental freedoms;
(c) to draw to the attention of any public authority any aspect of its work
that may hinder or impede the promotion, protection and realization of

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(@) to draw to the attention of any public authority any action or
omission by any actor, private or public, that may involve or contribute
toa violation of human rights or fundamental freedoms; and

(©) to freely publish, impart or disseminate to others any information

submitted to any public authority in the exercise of these rights.

SEC. 12. Right to peaceful assembly. ~

(1) Everyone, individually or in association with others, has the right to meet or
assemble peacefully as well as to participate in peaceful activities concerning
human rights and fundamental freedoms, free from interference that is
arbitrary or unlawful by public authorities and private individuals, at the local,
national, regional or international level.

(2) The right in subsection (1) includes the right to plan, organize, participate
in and disseminate information regarding peaceful activities concerning human
rights and fundamental freedoms, including demonstrations, protests,

seminars and meetings, whether conducted in a public or private place.

SEC. 13. Right to represent and advocate. —

(1) Everyone, individually and in association with others, has the right to assist,
represent or act on behalf of another person, group, association, organization
or institution in relation to the promotion, protection and exercise of
fundamental rights and freedoms, including at the local, national, regional and
international levels.

(2) The right in subsection (1) includes the right:



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(a) to complain about the policies and actions of public authorities with
regard to violations of human rights and fundamental freedoms, by
petition or other appropriate means, to judicial, administrative or
legislative authorities or any other competent authority, e.g.
Commission on Human Rights, the Ombudsman;

(b) to offer and provide professionally qualified legal assistance or other
relevant advice and assistance in defending human rights and
fundamental freedoms; and

(c) to submit communications and information of the type referred to in

Section 10.
SEC. 14. Right to freedom of movement. —

(1) Everyone lawfully within the territory, or subject to the jurisdiction,
including the power or effective control, of the Philippines shall, within that
territory or place of jurisdiction, have the right to liberty of movement and
freedom to choose his or her residence and the right to carry out his or her
human rights activities in the entire territory or place of jurisdiction.

(2) No one lawfully within our territory shall be expelled, by means of an
individual measure or a collective measure, from our territory wholly or
partially on account of his or her acts as a human rights defender.

(3) No one shall be deprived of the right to enter or leave the country on the
grounds of or in association with his or her status, activities or work as a human

rights defender.

SEC. 15. Right to privacy. —



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(1) Everyone, individually or in association with others, has the right to privacy.
(2) This right includes the right of a human rights defender to protect his or her
privacy, including through encryption, and be free from intrusion and
interference that is arbitrary and unlawful in his or her family, home, places of
work, possessions and correspondence, both online and offline.

(3) “Intrusion and interference” within subsection (2) includes any form of
surveillance, recording, within the purview of Republic Act No. 4200, otherwise
known as “An Act to Prohibit and Penalize Wire Tapping and Other Related
Violations of the Privacy of Communication, and for Other Purposes”, search
and seizure in association with his or her legitimate activity or work as a human

rights defender.

SEC. 16. Right to effective remedy and full reparation. -

(a) Everyone, individually or in association with others, has the right to an
effective remedy and full reparation in the event of a violation of the rights in
this Title II or a breach of obligations under Title III of this Law.
(2) Anyone whose rights have been violated or who has been adversely affected
by a breach of obligations has the right to apply to a court or tribunal of
competent jurisdiction to obtain such effective remedy and full reparation.
(3) Any of the following may file a complaint before human rights courts
relating to the violation of rights under Title II of this Law or a breach of
obligations under Title III of this Law:

(a) a human rights defender;

(b) an associate of the human rights defender;


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(c) a legal or other representative of the human rights defender
appointed to conduct the affairs of or to otherwise act on behalf of the
human rights defender;

(d) a family member of the human rights defender;

(e) a group, association or organization with which the human rights
defender is associated; or

() any person acting in the public interest and consistently with the
purposes of this Law.

Legal Assistance shall be provided by the Commission on Human Rights
in accordance with its mandate. CHR may enter into cooperation
agreement with the Integrated Bar of the Philippines and non-

governmental organizations providing legal services pro bono.

SEC. 17. Freedom from intimidation or reprisal. — No person shall be subjected,
individually or in association with others, to any form of intimidation or reprisal on
the grounds of or in association with his or her status, activities or work as a human.

rights defender.

SEC. 18. Freedom from defamation and stigmatization. — No person shall be subject
to any form of defamation, stigmatization, or other harassment, in all forms of media
and communication, and whether by public authorities or private actors, in association

with his or her status, activities or work as a human rights defender.

SEC. 19. Limitations on the rights of human rights defenders. ~ In exercising his or
her rights in Title II of this Law, a human rights defender, individually or in association

with others, shall be subject only to limitations that are prescribed by law, in

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accordance with international human rights obligations and standards, are
reasonable, necessary and proportionate, and are solely for the purpose of securing
due recognition and respect of the human rights and fundamental freedoms of others
and meeting the requirements of public order and general welfare in a democratic
society.

Title 111

State Obligations

SEC. 20. Obligation to respect, promote, protect and fulfill the rights of human

rights defenders. - Public authorities shall take all necessary measures to ensure:

(1) that the human rights and fundamental freedoms in Title II of this Law are
effectively guaranteed and ensured;

(2) that all laws, policies and programs are consistent with the rights in Title IT
of this Law; and

(3) that human rights defenders are able to undertake their activities and work

in a safe and enabling environment free from restriction.
SEC. 21. Obligation to facilitate the activities and work of human rights defenders.—

(4) Public authorities shall take all necessary measures to facilitate and protect
the exercise of the rights in Title II of this Law.
(2) The obligation in subsection (1) includes the obligation:

(a) to permit and facilitate access, in accordance with the law, to places

where a person is deprived of liberty;

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(b) to permit and facilitate access to places and to information required
by human rights defenders to exercise their rights under Title II in
accordance with the law;

(c) to provide information about violations of human rights or
fundamental freedoms that may have occurred within the territory or
subject to the jurisdiction, including the power or effective control, of the
State;

(d) to develop and implement policies and measures to promote, support
and enhance the capacity of human rights defenders to promote and
protect human rights and fundamental freedoms; and

(e) to promote and publicly acknowledge the role, function, activities and

work of human rights defenders as legitimate and important.

SEC. 22. Obligation to provide free access to materials relating to human rights and
fundamental freedoms. — Public authorities shall make freely available and accessible

all forms of media:

(1) international human rights instruments;
(2) the Constitution, national laws and regulations;

(3) research, studies, reports, data, archives and other information and
materials within the possession of public authorities that relate to human rights
and fundamental freedoms;

(4) reports and information submitted to international human rights bodies

and mechanisms;

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(5) reports and communications of international human rights bodies and

mechanisms involving the country’s compliance with international treaty

obligations; and

(6) all such other information as may be necessary to secure or enable the

exercise of any human rights or fundamental freedoms under Title II or access

to remedy for a violation of any such right.

SEC. 23. Obligation not to disclose confidential sources. ~

(1) Public authorities shall not disclose or require disclosure of the identity of

sources used by human rights defenders.

(2) Notwithstanding subsection (1), public authorities may disclose the identity

of sources used by human rights defenders if both the relevant source and the

relevant human rights defender gi

disclosure or if so required by any court of competent jurisdiction.

informed consent in writing to such

SEC. 24. Obligation to prevent and to ensure protection against intimidation or

reprisal. ~

(1) Public autho

ies shall take all necessary measures to ensure the prevention

of, and protection against, any intimidation or reprisal by any other public or

private individual.

(2) The reference to “measures” in subsection (1) shall include, but not limited

to, protection measures established under pertinent laws, and in the

development of these measures, public authorities shall consult with the

Commission on Human Rights.

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SEC. 25. Obligation to ensure protection against arbitrary or unlawful intrusion

and interference. —

(1) Public authorities shall take all necessary measures to ensure the protection
of human rights defenders against arbitrary or unlawful intrusion and
interference in his or her family, home, places of work, and places of sanctuary
established by them for human rights violation victims and/or their families,
possessions and correspondence, both offline and online.

(2) “intrusion and interference” in subsection (1) includes any form of
surveillance, recording, search and seizure in association with any person’s
legitimate activity or work as a human rights defender without his or her

consent.
SEC. 26. Obligation to conduct investigation. —

(1) Whenever there is reasonable ground to believe that a human rights
defender has been killed, disappeared, tortured, ill-treated, arbitrarily
detained, threatened or subject to a violation of any of the rights in Title II of
this Law, whether by a public authority or private individual, the State must
ensure that a prompt, thorough, effective, independent and impartial

investigation is conducted with due diligence and is prosecuted as appropriate.

SEC. 27. Obligation to ensure effective remedy and full reparation. — Public
authorities shall take all necessary measures to ensure that an effective remedy and
full reparation are available and provided for violations of the rights in Title II of this

Law and for breach of the obligations in Title II] of this Law.

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SEC. 28. Obligation to promote and facilitate human rights education. - All
government agencies and their subsidiaries shall promote, facilitate and adequately
resource teaching, training and education about human rights and fundamental
freedoms. Teaching, training and education programs shall include information about

this Law and the important and legitimate work of human rights defenders.
SEC. 29. Responsibility to defend human rights and fundamental freedoms. —

(1) Everyone has an important role to play and a responsibility to promote and
to strive for the protection and realization of human rights and fundamental

freedoms.

(2) No one shall participate, by act or omission, in a violation of human rights
and fundamental freedoms or in undermining democratic societies, institutions

and processes.

SEC. 30. Establishment of Mechanism for the Protection of Human Rights
Defenders. — The Commission on Human Rights of the Philippines (CHR), as the
national human rights institution, shall exercise the functions of a protection
mechanism for all human rights defenders in accordance with its constitutional
mandate, pertinent laws and guidelines, as well as standards governing the functions
and responsibilities of a national human rights institution. CHR shall create in all its
regional offices, a composite team of lawyers, investigators, medical professionals if

necessary, to handle human rights defenders’ cases.

SEC. 31. CHR Witness Protection Program. — The existing witness protection
program of CHR shall be strengthened to include temporary shelters extended to

families of human rights defenders and to those who are witnesses to violations that
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are committed or may have been committed against them, subject to rules and

regulations of this program.

SEC. 32. Women Human Rights Defenders Protection Program in the Commission
on Human Rights. - The Women’s Human Rights Center (WHRC) of CHR, created
under Republic Act No. 9710 or the Magna Carta of Women Act of 2009 shall ensure
that all programs and services of CHR for WHRDs are gender sensitive, and

empowering of women.

SEC. 33. Human Rights Court. — The Supreme Court shall designate certain branches
of Regional Trial Courts as human rights courts in every city and province. In the case
where the city is the capital of the province, the human rights court shall be established

in the municipality which has the highest incidence of human rights violation.

SEC. 34. Gender and Development Programs. ~ The Gender and Development
Budget shall be funding sources for programs and services for women human rights

defenders as well as HRDs with diverse sexual orientation and identity.

SEC. 35. General Presumption. ~ In the event that death, sexual violence, or serious
physical injury as defined in the Revised Penal Code, results from violations of the
Rights and Freedoms of human rights defenders, the presumption of regularity in the

performance of duty shall not apply.

SEC. 36. Penalty for violations of Section 4 to Section 19. ~ The penalty of Prision
Mayor in its maximum period to Reclusion Temporal in its medium period and a fine
of not less than One Hundred Thousand Pesos (P100,000.00), shall be imposed by
government agency personnel, or private actors acting with acquiescence or with

authority of government personnel.
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SEC. 37. Penalty for any other violations of this Act. ~ Applicable administrative
and criminal sanctions found in existing laws shall be imposed upon public officials,
officers and staff of government agencies found in violation of Title III on State

Obligations.

SEC. 38. Appropriations. ~ The amount of Five Million Pesos (Php5,000,000.00) is
hereby appropriated to the CHR for the initial implementation of this Act. Thereafter,
such sums as may be necessary for the continued implementation of this Act shall be

included in the annual General Appropriations Act.

SEC. 39. Implementing Rules and Regulations. ~ The CHR shall convene and lead
the drafting committee for the preparation of the Implementing Rules and Regulations
of this Act within one hundred twenty days from the effectivity of this Act. It shall also
ensure the full dissemination of such rules and regulations to all officers and members

of various law enforcement agencies.

‘The CHR shall be the lead agency of the drafting committee with the following member

agencies:
1. Department of Justice
2. Presidential Human Rights Committee;
3. Philippine Commission on Women;
4. Council for the Welfare of Children;
5. PNP HRAO;

6. AFP Human Rights Affairs Office;

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7. National Commission for Muslim Filipinos;
8. National Commission on Indigenous Peoples; and
9. National Anti-Poverty Commission.

10. Representatives from five (5) non-governmental organizations to be
identified by the above government agencies from their initial planning.
Provided that the NGOs forming part of the drafting committee shall represent
sectors from women including but not limited to those working on reproductive

health, children, indigenous peoples, and extractive industries.

SEC. 40. Separability Clause. — Should any provision of this Act be declared invalid,

the remaining provisions shall continue to be valid and subsisting.

SEC. 41. Repealing Clause. — Nothing in this law shall affect any provisions which are
more conducive to the recognition and protection of human rights defenders and

which may be contained in domestic or international law or instruments.

SEC. 42. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

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