• 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 
530 
i 0 JUL -7 
1~9 :20 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 
intemationally 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. 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 530 
~;t~,.l- -;{i 
Ot'F~CE: 0:;- ~t-Mt :::.c:(~~~·fAFiV 
10 
JUL -7 A9:2@ 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 
develqpment 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. "Infernally 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 Batt/e" 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 displacement 
shall include: 
1. 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 
c@mplied 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; 
6. 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) :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, 
6. the use of anti-personnellandmines. 
(c) 
Internally displaced persons, whether or not their liberty has been 
restricted, shall be protected against: 
1. 
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; 


2. 
Slavery or any contemporary form of slavery, such as sale into 
marriage, sexual exploitation, or forced labor of children; and, 
3. 
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. 
(d) 
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; 
(e) 
They shall be protected from discriminatory arrest and detention as a 
result of their displacement. 'In no case shall they be taken hostage; 
(f) 
In no circumstances shall internally displaced children be recruited nor 
be required to take part in hostilities; 
(g) 
Internally displaced persons shall be protected against discriminatory 
practices of recruitment into any armed forces or groups. Any cruel, 
inhuman or degrading practices that compel compliance or punish non-
compliance with recruitment shall be prohibited in all circumstances; 
(h) 
Every internally displaced person has the right to liberty of movement 
and freedom to choose his I her residence. In particular, he I she has 
the right to move in freely in and out of camps or other settlements; 
(i) 
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 lor health would be at risk; 
U) 
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; 
(k) 
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; 
, 
(I) 
'Grave sites of internally displaced persons shall be protected and 
respected in all circumstances, Internally displaced persons shall have 
the right of access to the grave sites of their deceased relatives; 
(m) 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; 
(n) 
Members of internally displaced families whose personal liberty has 
been restricted by internment or confinement in camps shall have the 
right to remain together; 
(0) 
At the minimum, regardless of the circumstances .and without 
discrimination, the State shall provide internally displaced persons with 
and ensure safe access to: 
1. 
essential food and potable water; 
2. 
basic shelter and housing; 
3. 
appropriate clothing; and, 
4. 
essential medical services and sanitation; 
(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, 
6. 
communicate in a language they understand. 
(v) 
The property and possessio(1s of internally displaced persons shall in all 
circumstances be protected against the following acts: 
1. 
pillage; 


,2. 
direct or indiscriminate attacks or other acts of violence; 
3. 
being used to shield military operations or objectives; 
4. 
being made the object of reprisal; and, 
5. 
being destroyed or appropriated as a form of collective 
punishment. 
Property and possessions left behind by internally displaced persons 
should be protected against destruction and illegal appropriation, 
occupation or use.' 
(w) The State shall ensure that internally displaced persons, in particular, 
internally displaced children, receive education that shall be free and 
compulsory at the primary level. Education should respect their cultural 
identity, language and religion. 
(x) 
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 communities. -
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 unitls 
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 unitls 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 
author.ities, 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. 
b. The penalty of reclusion temporal shall be imposed upon those who 
attempt to commit the offense of arbitrary or internal displacement; 


c. The penalty of reclusion temporal shall also be imposed upon the persons 
who, having knowledge of the act of arbitrary or internal displacement, and 
without having participated therein, either as principals or accomplices, 
took part subsequent to its commission in any 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; 
d. A public official or employee found guilty of committing the prohibited acts 
provided for in Sections 7 and 8 of this Act shall be permanently 
disqualified from holding any appointive or elective position in the 
government. 
e. The accessory penalties pertaining to the penalties of reclusion perpetua 
and reclusion 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 lOP conditions to ensure that their rights are respected and 
protected in all phases of displacement; 
b. 
To conduct inquiries, document violations of human rights, assist lOPs in 
se,eking redress of grievances and work to ensure an effective response 
by the authorities; 
c. 
'To investigate, on its own or on complaint by any party, all forms of human 
rights violations against lOPs 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 lOPs 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 lOPs. 
SEC 13. Appropriations. - The amount of Fifty Million Pesos (P50,OOO,OOO) 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 prpvision not affected shall continue to be valid and effective. 


SEC 18. Effectivity 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,