HOUSE. OF REPRESENTATIVES

RECEIVED

Republic of the Philippines 14 JUL 2016
HOUSE OF REPRESENTATIVE: DATE:
Quezon City, Metro Manila TIME:
SEVENTEENTH CONGRESS BY:.

First Regular Session
REGISTRATION UNIT
House Bill No,_1617 BILLS AND INDEX SERVICE

Introduced by Reps. CARLOS ISAGANI T. ZARATE, ANTONIO L. TINIO,
EMMI A. DE JESUS, FRANCE L. CASTRO, ARLENE D. BROSAS,
ARIEL B. CASILAO, and SARAH JANE I. ELAGO

(AN ACT DEFINING CERTAIN RIGHTS OF HUMAN RIGHTS DEFENDERS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF IN
IMPLEMENTATION OF THE 1998 U.N. DECLARATION ON THE RIGHTS AND
RESPONSIBILITY OF INDIVIDUALS, GROUPS AND ORGANS OF SOCIETY TO
PROMOTE AND PROTECT UNIVERSALLY- RECOGNIZED HUMAN RIGHTS
OR OTHERWISE KNOWN AS THE UN DECLARATION ON HUMAN RIGHTS
DEFENDERS

EXPLANATORY NOTE

‘The Philippine government was one of the 48 original signatories to the Universal Declaration
of Human Rights in 1948, ‘The government later signed and ratified the multilateral treaties on
human tights namely ‘The International Covenant on Civil and Political Rights and ‘The
International Covenant on Economic, Social and Cultural Rights. ‘These official acts of the
Republic of the Philippines are commitments that the government shall not only respect human
rights but must also protect and promote these tights.

However, despite these commitments human rights violations continue to plague the
Philippines. The international community, including the United Nations have expressed serious
concerns over the systematic and continuing violations of human tights, including the
phenomena of extra judicial killings and enforced disappearances. It is within this context that
the need for and the importance of human rights defenders coming from human tights groups
and advocates came to the fore.

In July 2012, United Nations Special Rapporteur Margaret Sckaggya on Human Rights
Defenders and United Nations Special Rapporteur Christof Heyns on Extrajudicial Killings have
sounded off their concern on the significant inctease in the reports of killings and death threats
against human rights defenders in the Philippines.

Sekaggya said “many of the cases involve individuals and organizations working to defend the
tight to a healthy environment...disputes over land sights and campaigns against mining and
dam projects infringing on the rights of local communities tend to be sensitive, and those
defending such rights are often met with violence.” Heyns commented that a number of the
death threats and killings appear to be perpetrated by paramilitary groups and security forces

1


both by the state and corporate actors. Both UN experts called on the Philippine government to
take effective measures to protect the right to life and the rights enshrined in the International
Covenant on Civil and Political Rights.

‘Three years later, on September 22, 2015, UN Special Rapporteur on the Rights of Indigenous
Peoples Victoria Tauli-Corpuz, and UN Special Rapporteur on the Situation of Human Rights
Defenders Michel Forst have respectively expressed serious concerns on the increasingly
pervasive insecurity and sising unlawful killings of human rights activists in the conflict-prone
regions of the Philippines. ‘The UN Special Rapporteurs said that military occupation of civilian
institutions and killing of civilians, “are unacceptable, deplorable and contrary to international
human rights and international humanitarian standards” as they urged the Philippine government
to launch an independent investigation on the killings of three indigenous peoples’ rights
defenders in Lianga, Surigao del Sur.’

‘The courageous band of human rights workers and advocates, from various sectors including the
farmers, religious, women, trade unions, indigenous peoples and many other groups concerned
with human rights, managed to document human rights atrocities and persevere in working for
the protection of human rights during the darkest periods of Philippine history when
fundamental freedoms were trampled by the very government that committed to protect these
rights.

These attacks on human rights defenders were by no means limited to the Philippines. Despite
the international recognition of what is known today as the International Bill of Human Rights,
many countties not only continue to violate the rights of their people, but also attack human
rights workers and advocates who criticize governments for human rights abuses.

‘The international community, intending to protect an important cog in the mechanisms for the
protection of human rights, agreed to respond these attacks and promulgated a resolution
intended to emphasize the tights and importance of human rights defenders.

In recognition of the valuable roles of human rights monitors, documentatists, rapporteurs, and
advocates, the United Nations General Assembly, in its 85th Plenary Meeting on December 9,
1998, through General Assembly Resolution (A/RES/S3/144) the "Declaration on the Right and
Responsibility of Individuals, Groups, and Organs of Society to Promote and Protect Universally Reeagnized
Human Rights and Fundamental Freedoms" or what is known in the United nations as the Declaration on
‘Human Rights Defenders.

‘Most recently on December 17, 2015, the UN General Assembly in its Seventieth Session
adopted the Resolution (A /Res/70/161) on “Human rights defenders in the context of the Declaration
con the Right and Responsibility of Individuals, Groups and Organs of Saciety to Promote and Protect Universally
Recogniged Human Rights and Fundamental Freedoms”. The Resolution “strongly condemns the violence
against and the targeting, ctiminalization, intimidation, torture, disappearance and killing of any
individuals, including human rights defenders.” ‘The Resolution also “condemns all acts of
intimidation and reprisal by State and non-State actors against individuals, groups and organs of
society, including against human rights defenders and their legal representatives, associates and
family members,” and expresses grave concern ‘that national security and counter-terrorism
legislation as well as measures in other areas, such as laws regulating civil society organizations,
afe in some instances misused to target human rights defenders or hinder their work,
endangering their safety in a manner contrary to international law,”

* nttp://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16481_


“The 2015 Resolution reaffirmed the primary responsibility of the States and their “obligation to
protect all human rights and fandamental freedoms of all persons,” as it “calls ypon all States to
take all measures necessary to ensure the rights and safety of human tights defenders who
exercise the rights to freedom of opinion, expression, peaceful assembly and association, which
are essential for the promotion and protection of human rights”. :

Recognizing that “domestic law and administrative provisions and their application should not
hinder, but enable the worl of human rights defenders, including by avoiding any criminalization
ot stigmatization of the important activities and legitimate role of human nights defenders and
the communities of which they are a part or on whose behalf they work” the Resolution farther
“urges States to acknowledge through public statements, policies or laws the important and
legitimate role of individuals, groups and organs of society, including human tights defenders, in
the promotion of human rights, democracy and the rule of law, as essential components of
ensuring their recognition and protection, including by condemning publicly all cases of violence
and discrimination against human rights defenders, including women human rights defenders,
underlining that such practices can never be justified,”

However, this international recognition of the importance of human rights defenders has grimly
been negated by the continued killings, disappearances, tortures, vilifications, persecutions,
harassments, and other abuses of human rights defenders.

‘The Philippines is the second highest in killings of human rights defenders worldwide, according
to the 2015 report from Front Line Defenders, or the International Foundation for the
Protection of Human Rights Defenders. ‘The Philippines is second to Colombia and the highest
outside the Americas, According to the report, the 31 killings of human rights defenders in the
Philippines in 2015 make up almost 60% of the 52 reported in Asia and the Pacific.°

Human rights defenders in the Philippines face human tights violations themselves in the course
of thei work and these violations include killings, death threats, abductions and kidnappings,
arbitrary atrest and detention, and other actions of harassment and intimidation, such as
defamation campaigns and the filing of tramped up charges aimed at harassing human rights
workers. All these violations also target the immediate family members of human rights
defenders, (including their children), and their other relatives, so as to prevent them from
continuing their activities. Human rights campaigns are affected in many regions in the country
by restrictions on the activities and the persecution of human rights defenders leaving the people
more vulnerable to human tights abuse.

Worse, human rights defenders in the country have been tagged as "enemies of the state” by
government and harshly dealt with as such, Not a few of them like Eden Matcellana, Eddie
Gumanoy, Leima Fortu, and Benjaline Hernandez were brutally slain.

For example, duting the term of then Pres. Gloria Arroyo, there were a total of 1,206 victims of
extrajudicial, summary or arbitrary execution (or EJKs) in the Philippines. Of the total number,
476 were human tights defenders (HRDs). Of the 206 victims of enforced ot involuntary
disappearance, 68 were human rights defenders. Scotes from the ranks of HRDs have also been.
physically assaulted, tortured, treated inhumanely, cruelly and degradingly, and threatened,

? http://Avww.un.org/en/ga/search/view_doc.asp?symbol=A/RES/70/161.
* http://www.rappler.com/move-ph/118249-philippines-second-highest-human-rights-defenders-killings-

report



harassed, and intimidated. These violations are continuously being committed with impunity by
government security forces. All these are committed in line with then Pres. Arroyo’s counter-
insurgency program Oplan Bantay Laya, which obfuscated the delineation of the armed
opposition being waged by the Communist Party of the Philippines and the legal and democratic
people’s organizations. Those who were tagged as “communists” or “terrorists” became’ targets
of the counter-insurgeney program.

However, the change of administration after Arroyo did not usher any change in the situation,
Under the Aquino administration’s counter-insurgency program Oplan Bayanihan there were at
least 141 human rights defenders as of March 31, 2016, who are victims of extrajudicial killings.
‘Among these are Bayan Muna coordinator and municipal councilor Fernando Baldomero,
peasant leader Pascual Guevarra, anti-mining activists Father Fausto Tentorio, Juvy Capion and
Datu Jimmy Liguyon, urban poor leader Marilou Valle and typhoon survivors’ leader Cristina
Jose. Included in the list of recent human rights defenders killed are Lumad leaders Dionel
‘Campos and Datu Juvello Sinzo, educator Emerito Samarca fair trade activist Romulo Capalla,
and human rights workers William Bugatti and Teodoro Escanilla.

‘There are at least thirteen (13) human rights defenders as of March 31, 2016 who became victims
of enforced disapperance. Majority of these defenders are leaders and members of mass
organizations of peasants, indigenous peoples, urban poor, women, church workers, and youth,

‘Attacks against rights defenders also include harassment in the form of surveillance, and illegal
arrests and detention as a result of trumped-up charges. Among those arbitrarily detained and
charged with fabricated cases are human rights worker Zara Alvarez, church worker Anecita
Rojo, government union organizers Randy Vegas and Raul Camposano, and social worker Rene
Boy Abiva.

‘Also in 2015, trumped up charges were filed against Karapatan human rights workers and
defenders Hanimay Suazo, Secretary General of the organization’s chapter in Southern
Mindanao, Rey. Allen Bill Veloso, Chairperson of Karapatan-SoCSKSarGen, and Pastor Sadrach
Sabella, Secretary General of Karapatan-SoCSKSarGen.’ Worse, even in the dying days of the
previous Aquino administration, trumped-up charges were also slapped and warrants of arrest
were issued against 15 HR defenders who supported the cause of the displaced Lumads who
were forced to seek refuge at the UCCP Haran Center in Davao City. ‘These HR defenders
include Karapatan’s Hanimay Suazo, Bayan leader Ryan Lariba, farmer leader ‘Tony Salubre,
Jimboy Marciano, Gabriela-Davao spokesperson Mary Ann Sapar, Jaja Necosia, farmer leader
Pedro Arnado, lumad leader Kerlan Fanagel, Sr. Stella Matutina, Sr. Restita Miles, lumad leader
Isidro Indao, child rights advocates Kharlo Manano and Rius Valle and UCCP Pastor Jurie
Jaime.

Women human tights defenders are particularly at risk, and other groups and categories of
defenders who are particularly exposed to attacks and human rights violations as a result of the
work they carry out include defenders working to promote civil and political rights- notably
freedom of expression and freedom of thought, conscience and association- as well as
economic, social and cultural rights, notably collective rights such as the right to food and access

“htto://www.humanrightsphilippines.net/2015/07/stop-harassment-and-trumped-up-charges-vs-
ghts- ers/

5 http://davaotoday.com/main/human-rights/15-activists-ordered-arrested,



to natural resources, including trade-unionists, and also those working for minorities’ and
community rights, children's rights, indigenous people's rights, among others.

Considering the important role of human rights defenders in the protection of human rights in
the country and the Philippine government's international commitment to promote, defend and
protect human rights, and the continuing attack on the rights of the people and human rights
defenders, it is imperative that the Congress should put into law that commitment as enshrined
in the UN General Assembly Resolutions on the rights of human rights defenders. It is necessary
that the relevant provisions of the International Declaration are translated into a binding
commitment not only to protect human rights but also those that work for the protection of
these rights so that they may be able to fulfill their important role in the promotion, protection
and defense of human rights and fundamental freedoms.

In this light, a law protecting human rights defenders and penalizing any violations of their rights
in the pursuance of their advocacy must be immediately enacted.

‘This bill is a refiled version of Bayan Muna’s Human Rights Defenders’ Protection Bill first filed
in the House of Representatives by Rep. Satur Ocampo during the 14" Congress. The bill was
also re-filed in the 16" Congress as House Bill 1472 by Representatives Neti. J. Colmenares,
Carlos Isagani T. Zarate, Luzviminda C. Hagan, Emmi A. De Jesus, Antonio L. Tinio, Fernando
Hicap and Terry Ridon,

For these reasons, the expeditious approval of this Bill is earnestly urged.

Approved,

Rep.
Bayan Muna Pah list


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

SEVENTEENTH CONGRESS
First Regular Sestoa,. ”

House Bill No.

Introduced by Reps. CARLOS ISAGANI T. ZARATE, ANTONIO L. TINIO,
EMMI A. DE JESUS, FRANCE L. CASTRO, ARLENE D. BROSAS,
ARIEL B. CASILAO, and SARAH JANE I. ELAGO

AN ACT DEFINING CERTAIN RIGHTS OF HUMAN RIGHTS DEFENDERS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF IN.
IMPLEMENTATION OF THE 1998 U.N. DECLARATION ON THE RIGHTS AND
RESPONSIBILITY OF INDIVIDUALS, GROUPS AND ORGANS OF SOCIETY TO.
PROMOTE AND PROTECT UNIVERSALLY-RECOGNIZED HUMAN RIGHTS
OR OTHERWISE KNOWN AS THE UN DECLARATION ON HUMAN RIGHTS
DEFENDERS

Be it enacted by the Senate and House of Representatives ofthe Philippines in Congress assembled:
‘TITLE I- GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “HUMAN RIGHTS
DEFENDERS’ PROTECTION ACT OF 2016”.

SEC. 2. Declaration of Policy. - Consistent with the principles enshrined in the 1987
Constitution, the standards set by international humanitarian and human rights laws, and the
international laws and conventions adhered to by the Philippines, it is hereby declared a State
policy to promote and protect the rights of individuals engaged in the promotion and protection
of human tights and fundamental freedoms in the country.

This is so because the State recognizes the important role and the valuable work of
individuals, groups and associations in contributing to the effective elimination of all violations
of human tights and fundamental freedoms of peoples and individuals, including in relation to
‘mass, flagrant or systematic violations such as those resulting from colonialism, foreign
domination or occupation, aggression or threats to national sovereignty, national unity or
territorial integrity and from the refusal to recognize the right of peoples to self-determination
and the right of every people to exercise fall sovereignty over its wealth and natural resources.

Likewise, the State is cognizant of the right and the responsibility of individuals, groups
and associations to promote respect for and foster knowledge of human rights and fundamental
freedoms at the local and national levels.


In this wise, the State therefore acknowledges its prime responsibility and duty to adopt

such steps as may be necessary to create all conditions as well as legal guarantees required to
ensure that all individuals engaged in the promotion and protection of human sights under its
jurisdiction are able, individually and in association with others, to enjoy all their rights and
freedoms in practice.

SEC. 3. Definitions, — As used in this Act, the following terms shall mean:

GOVERNMENT PERSONNEL — shall mean all persons currently employed in
government whether elected or appointed, whether contractual, casual or permanent,
including those serving as consultants;

GOVERNME! TT’ — shall include all, but not be limited to, departments, bureaus,
offices, boards, commissions, courts, tribunals, councils or sanggunian, authorities,
administrations, centers including health centers, institutes, state colleges and universities,
government owned and controlled corporations, local government units which shall
include a purok ot siti, governmental organizations, and any grouping of the Armed
Forces of the Philippines, Philippine National Police or other state security forces,
including a patrol of three military, police personnel, paramilitary or military assets as
defined herein, shall be considered a government unit;

HEAD OF GOVERNMENT UNIT ~ shall mean the highest responsible officer of the
named government unit;

HUMAN RIGHTS — any of the entitlements inherent to any individual, organization, ot
state enumerated in the Bill of Rights and Declaration of Principles of the Philippine
Constitution, the rule on Habeas Corpus, the Rule on the Writ of Amparo, the Rules on
the Writ of Habeas Data, the Comprehensive Agreement on Respect for Human Rights
and International Humanitarian Law, the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social, and Cultural Rights, the Convention Against Torture, and the Rome
Statute on the International Criminal Court and other similar or pertinent international
instruments or conventions;

HUMAN RIGHTS DEFENDER ~ any individual who is bona fide connected to any
human rights organization whose main or substantial work and advocacy is to promote
the respect for, foster knowledge of, and protect any forms of human rights and
fundamental freedoms;

HUMAN RIGHTS ORGANIZATION = any non-government otganization or
association which has as one of its main purposes the advocacy, enforcement, and
defense of any human right;


&

HUMAN RIGHTS VIOLATION — is any act committed by any government personnel
and/or unit, military affiliate, paramilitary, police and/or military asset, or any agent of
the state or an individual acting in its behalf, in violation of any human sights of any
individual, group or organization, registered or otherwise from which injury and damage
to any individual, mental or physical, or property or reputation or privacy of any
individual or organization shall be occasioned;

SUPERIOR OFFICER — shall mean the next government official who has supervisory or
control powers over the head of the government unit to whom the said head reports and
shall include, but not limited to, the president, the department secretaries, the chief of
staff of the Armed Forces of the Philippines, the commanding general or rear admirals of
any service in the Armed Forces of the Philippines, the director general of the Philippine
National Poli

SEC. 4, Presumptions and Prohibitions, —

a. The following shall be presumed under this Act:

1.

A MISSION ORDER (MR) is a proof of being involved in a military operation.

‘A person held to account for a human rights violation is presumed to be a government
personnel, or a military affiliate, or a paramilitary, or a military asset when any
government personnel who is asked in his official capacity about the identity of the
former denies in general terms the designation, position and assignment of the same
without giving any information that will lead to the identification of the suspected
human rights violator.

Any act of false labeling or name calling a human sights defender, or accusing him/her
of any offense, or any other kind of vilification, shall be presumed to be the act of the
government personnel reported to have labeled, name called, accused o vilified the
human rights defender, if within three days from being notified of having made such
act, said government personnel does not make any public disclaimer of his reported
labeling, name calling or accusation,

Any act of surveillance against a human rights defender reported to the proper
government office shall be presumed to be an act of a government agent, if within
three days from being notified of such act, the government office to whom the act of
surveillance was reported does not identify the individual who is doing the act of
surveillance, and the latter’s designation, position or assignment,

‘Any act of threat and intimidation against a human sights defender through mobile
phone, land phone or the internet reported to the proper government office shall be
presumed to be an act of a government agent, if within three days from being notified


of such act, the government office does not identify the possible perpetrators of said
act of threat or intimidation.

6. Any bona fide member of a human rights organization shall be presumed to be human
tights defenders within the meaning of this act.

7. Any complaint for human rights violations is presumed to be true and valid, unless
proven otherwise. ‘This presumption, however, does not include the criminal, civil or
administrative liability of the individual/s accused to have perpetrated the said human
tights violation, which liability shall be proven by evidence beyond reasonable doubt,
preponderance of evidence or substantial evidence, as the case may be.

8 Any denial of any document of refusal to produce or present said document by the,
government personnel or office or unit who has custody of the same when required to
be presented by any competent authority pursuant to any of the provisions of this Act
shall establish the allegation to which the said document is offered to prove.

b. ‘The following shall not be applicable or cannot be invoked in any criminal, civil, and
administrative complaint for any violation of this Act:

1. Presumption of regulatity in the performance of duty;

2. Presidential immunity from suit;

3. Confidentiality of any military activity, or that itis ot affects national security interests,
if the issues raised are related to the work of human rights defenders; and

4, Executive Privilege as a defense.

‘TITLEU, RIGHTS OF HUMAN RIGHTS DEFENDERS

SEC, 5, Right to promote and protect human rights. - A human tights defender,
individually or in association with others, shall have the right to meet ot assemble peacefully,
form, join and participate in non-governmental organizations, associations or groups, and to
communicate with non-governmental of intergovernmental organizations,

SEC, 6. Right to information about human rights, - He/she, individually and in
association with others, has the right to know, seck, obtain, receive and hold information about
all human rights and fundamental freedoms, including having access to information as to how
those rights and freedoms are given effect in domestic legislative, judicial ot administrative
systems, freely to publish, impart or disseminate to others views, information and knowledge on
all human rights and fundamental freedoms, and to discuss, form and hold opinions on the
observance, both in Inw and in practice, of all human tights and fundamental freedoms and,
through these and other appropriate means, to draw public attention to those matters.

SEC. 7. Right to develop and advocate human rights ideas. - He/she, individually
and in association with others, has the right to develop and discuss new human tights ideas and
principles and to advocate their acceptance.


SEC. 8. Right to participate in public affirs, - He/she, individually and in
association with others, has the right to have effective access, on a nondiscriminatory basis, to
participation in the government and in the conduct of public affairs. This includes the right to
submit to governmental bodies and agencies and organizations concerned with public affairs
ctiticism and proposals for improving his/her functioning and to draw attention to any aspect of
his/her work that may hinder ot impede the promotion, protection and defense of human rights
and fundamental freedoms.

SEC. 9. Right to provide paralegal or legal assistance. - He/she, individually and in
association with others, has the tight to offer and provide professionally qualified paralegal or
legal assistance ot other relevant advice and assistance in defending human rights and

fundamental freedoms

SEC, 10. Right to unhindered access to communication with human sights
bodies, - He/she, individually and in association with others, has the right to unhindered access
to and communication with local, regional, national and international bodies with general or
special competence to receive and consider communications on matters of human rights and
fundamental freedoms.

SEC. ll. Rights against vilification. He/she, individually and in association with
others, has the right against any act of false labeling or name calling, or of malicious and
fabricated accusations against him/her of any offense, or from any other kind of vilification.

SEC, 12, Right to participate in activities against human rights violations -
He/she, individually and in association with others, has the right to participate in activities
against violations of human rights and fundamental freedoms.

SEC. 13. Right to solicit, receive and utilize resources. - He/she, individually and in
association with others, has the right to solicit, receive and utilize resources for the express
purpose of promoting and protecting human rights and fundamental freedoms through peaceful
‘means, in accordance with article 3 of the present United Nations Declaration on Human Rights
Defenders.

Sec. 14. Right to establish a sanctuary to human rights victims and/or their
families . — He/she, individually and in association with others, has the right to establish
sanctuaries for any human rights violation victim and/or their immediate families.

Said sanctuary shall be considered established if and when he/she gives confidential
notice to the Commission on Human Rights that said place, building or area has been
constituted as a’sanctuary, and as such, entry to the said place, building or area including an area
of a radius of 100 meters around the said place, building or area shall be prohibited to any
government personnel, military asset, military affiliate, military unit, or paramilitary unit.

10


SEC. 15. Right to file an action involving human sights violations — human rights
organizations or associations as complainants. He/she, individually and in association with
others, has the right to file a complaint or a petition for any violation of human rights violations.
However, the consent of the victim must first be obtained as much as possible. In the absence of
such consent, the human rights organization or association may proceed with filing the
complaint or petition unless the lack or absence of consent is based on the threat to the life,
liberty or security of the victim or his or her family.

SEC. 16. Right to access documents of government units and personnel,
paramilitary units and personnel, and military aftiliate and government assets. - He/she,
individually and in association with others, has the right to have effective access to all
government documents that pertain to any human rights defenders and/or organizations and/or
his /het/its /thei activities and any document of such kind, including but not limited to an order
of battle, shall not be considered, confidential nor classified or which partakes of executive
privilege, or that which affects national security and said document/s shall be open to public
scrutiny.

‘TITLE 3. OBLIGATIONS OF THE GOVERNMENT

SEC. 17. Obligations of the government, ~The government shall have the following
obligations:

a. To take all precautionary measures to ensure the protection of all human rights
defenders against any violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure, or any other arbitrary action as a consequence of their
legitimate exercise of their rights and duties as human rights defenders;

b. ‘To mandate all its officers and employees, under pain of administrative sanctions, not
to participate, by act or by failure to act where required, in violating human tights and
fundamental freedoms, and the heads of offices or superior officers not to subject
any individual who refuses to participate in acts which violate or will violate acts to
protect, defend, uphold, and foster human rights, to punishment or adverse action of
any kind for refusing to do so;

¢. To require Human Rights Education as an obligatory curriculum in the, primary and
secondary levels, with an actual week spent with a human sights defender in the
locality;

d. To require Human Rights Education as a six-unit subject (three as a lecture course
and’three as a laboratory subject, which may include 20 hours work with any human
tights organization in the locality) in all colleges and universities;

@. It shall also be the duty of any government personnel, unit, government asset,
paramilitary and military affiliate to put into writing any instructions, orders, of

1


commands he or she or it issues to a subordinate or received by him or her or it from
a higher officer including the head of the government unit and to document any
action he or she or it takes in response to said instruction, order or command
including but not limited to operation report, spot report, evaluation report and
accomplishment report or any report or documentation submitted to the
commanding or superior o higher officer issuing said instruction, order or command
and that a logbook or journal shall be maintained listing all instructions, orders,
commands, issued and/or received, and all responses to said instructions and all
reports in compliance to said instructions, orders, commands in the said book or
journal in a day to day, month to month and year to year order, and the said
documents and logbooks and/or journals shall not disposed of unless and until the
Commission on Human Rights shall allow otherwise,

‘TITLE 4, REMEDIES TO ENFORCE THE RIGHTS

SEC, 18. Petition to Access Government Documents. - A request for access to any
document that pertain to any human rights defender, defenders and/or organizations and/or
his/her/its/their activities and any document of such kind, including but not limited to an order
of battle shall be made through a petition before the court in accordance with the Rules of
Amparo promulgated by the Supreme Court through AM No. 07-9-12 and/or Habeas Data
likewise promulgated by the Supreme Court through AM No. 08-1-16.

‘The documents so requested may not be specified by its title, heading, as any description
by class, kind, nature or function is sufficient for purposes of the petition and respondent must
deliver all documents as defined.

The government unit, personnel, asset, paramilitary unit or personnel (and military
affiliate) shall, upon receipt of the order of the court, including the superior officers up to the
level of the Chief of Staff, the Secretary of National Defense, and the Executive Secretary shall
immediately furnish the said document or require the concerned government unit, personnel,
asset, paramilitary unit or personnel (and military affiliate) to do so.

‘The documents can be inspected in chambers or executive session if the said documents
contain data and information that infringe on the privacy of security of, of that which involves

the reputation of the petitioner or of anybody mentioned and included in the said document,

SEC. 19. Petition for Temporaty Protection Order. - A request for a ‘Temporary
Protection Order in favor of a human tights defender and against any government personnel and
units, paramilitary personnel and units, military assets (or military affiliates), shall be made
through a petition before the Commission on Human Rights.

‘The Commission shall immediately issue forthwith a ‘lemporary Protection Order after a

petition shalll be filed before it, and which can only be revoked after there is finding that said
petition is without any ground. However, a petitioner’s well-grounded belief that he/she is

12


under threat because of his/her work as a human tights defender shall constitute sufficient
ground for a Temporary Protection Order to be maintained and not revoked,

Furthermore, the Commission, of propio or upon a complaint, may cite any government
petsonnel and units, paramilitary personnel and units, military assets, or military affiliates for
direct contempt for refusing to abide by the Temporary Protection Order.

‘The Commission shall promulgate its Rules and Procedures covering the Petition for
‘Temporary Protection Order and the Complaint for Contempt above-described within thirty
(30) days from the effectivity of this Act.

SEC. 20, Motion to Dismiss Criminal Complaine—\ human rights defender can ask
a criminal complaint or information filed against him/her

the prosecutor ot the court to dismi
on the ground that the said complaint/information is necessarily related to his/her work as such
human rights defender, or that the same is contravention of the letter and spirit of this Act

The foregoing, however, shall not bar the prosecutor or the judge from dismissing the
criminal complaint or information motu propio if and when he/she, by a mete reading of the
complaint/information and its supporting documents, finds the said complaint/information
violates the above-mentioned grounds.

In addition, he/she shall dismiss the complaint/information outright if it is a prima facie
case of harassment. In this regard, a complaint/information is prima face a harassment suit if the
complaining witnesses, or any other witness against the human sights worker, is a military, police
or any state security force which has been complained of by the human rights defender or
his/her/its organization, or the unit, any member thereof or the superior of such military, police
or state security force, or a rebel returnee or an alleged co-conspirator in a criminal act, or when
the due process rights of the human tights workers ~ statutory or constitutional — shall have
been violated. This section shall apply retroactively to existing cases against human rights

defenders.
TITLE 5. PROTECTION OF WITNESSES OF VIOLATIONS OF THIS ACT

SEC, 21. Protection of any informant under this Act. - Any individual who shall
provide information and/or testify in any proceedings about any violations of this Act
committed by any government personnel, government unit, government asset, paramilitary (and
military affiliate) shall have all the rights and protections provided in this Act and shall be
considered for the purpose of his/her protection and only for such information and/or
testimony a human tights defender.

SEC, 22, How any threat to a witness shall be considered, - Any act that shall
threaten or attempt to threaten, harass or attempt to harass in any manner any individual who
shall testify against a government personnel, government unit, government asset, paramilitary
(and military affiliate) in any proceedings under this Act shall be considered committed by the

13


acts of the government personnel, government unit, government asset, paramilitary (or military
affiliate) to whom the testimony is being made against.

SEC. 23. Protection for government personnel, government asset, paramilitary
(and military affiliate) who provides evidence against any human rights violations. - No
head of a government unit or superior officer or higher officer (or handler of a military affiliate)
may discharge, demote, suspend, threaten, harass, sanction or in any manner discriminate against
any government personnel because of any lawful act done by the government personnel,
government asset, paramilitary (and/or military affiliate) to provide information, cause
information to be provided, or initiate or otherwise assist in an investigation regarding any
conduct which the government personnel, government asset, paramilitary (and/or military
affiliate) reasonably believes constitutes a violation of any provision prescribed in this Act.

TITLE 5. PENALTIES

SEC. 24, Penalty for violations of Sections 5 (0 16 of this Act - The penalty of
pprision mayor in its maximum period to prision femporal in its medium period without privilege of
parole shall be imposed upon any government personnel or the whole complement of a
government unit, the paramilitary personnel or the whole complement of the paramilitary unit,
the government asset (and/or the roilitary affiliate) who violates any of the rights of « human
rights defender defined in Sections 5 to 16 of this Act.

SEC. 25. Penalty for destroying, altering, or falsifying records and document. ~
The penalty of prison femporal in its minimum to its medium period or a fine of ONE
HUNDRED THOUSAND PESOS (Php 100,000.00) or both, at the discretion of the court, shall
be imposed upon any government personnel ot the whole complement of a government unit,
the paramilitary personnel or the whole complement of the paramilitary unit, the government
asset (and/or the military affiliate) who impede, obstruct, or influence any preliminary
investigation, administrative investigation and/or petition by altering, destroying, mutilating,
concealing, covering up, falsifying, or making any false entries in any record, document, ot
specimen whereof, relative to any matter involving any human rights defenders, defenders or
organizations ot activities.

SEC.26. Penalty for any other violations of this Act. ~The penalty of prision temporal
in its minimum period or a fine of ONE HUNDRED THOUSAND PESOS (Php100,000.00)
or both, at the discretion of the court, shall be imposed upon ay individual who violates any
other provisions of this Act.

SEC. 27. Violations of this Act as aggravating circumstances. - Any violations of
any provisions of this Act committed on the occasion of a commission of a crime defined in any
penal laws shall be considered an aggravating circumstance in the imposition of the penalty in
said crime.

14


SEC. 28. Non-applicability of the Probation Law ~ Any violations of any provisions
of this Act which shall constitute the main ctime or as an aggravating circumstance shall not
entitle the offender or the accused to the privileges of probation under the probation law.

TITLE 8. FINAL PROVISIONS
SEC.29. Repealing Clause. — All laws, presidential decrees, executive orders, rules and

regulations ot parts thereof which ate inconsistent with the provisions of this Act ate hereby
aled, amended or modified accordingly.

i

SEC. 30. Separability Clause. — If any part ot provision of this Act shall be held
unconstitutional of invalid, other provisions, which are not affected thereby, shall continue to be
in full force and effect.

SEC. 31. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in a national newspaper of general circulation.

Approve,

15