EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
House Bill No. 6309

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 are
differentiated from refugees in that the latter “flee across international frontiers with a well-
founded fear of persecution based on racial, religious, national, social or political grounds.”
IDPs do not enjoy adequate protection and assistance compared to their counterparts who
crossed an intemationally recognized border. They therefore experience suffering, neglect
and deprivation.

The Philippines has a high number of intemally displaced persons and among the top
forty (40) countries all over the world where intemal displacement is considered as a
significant phenomenon. According to the Intemal Dispalcement Monitoring Center, there
are a total of 301,000 IDPs in 2018, with a very high percentage of this in Southem
Mindanao.

The United Nations Guiding Principles on intemal 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 goverment mechanism to prevent
the occurrence of intemal displacement are merely considered as collateral damages.

The measure seeks to localize the guiding principles on intemal 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.

Thus, the immediate approval of this Bill is earnestly sought.

RUFUS B. RODRIGUEZ


EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 5309

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

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

SECTION 1. Short Title. - This Act shall be known as the “Rights of Internally Displaced
Persons Act’.

SEC 2. Declaration of Principles and State Policies. — Consistent with the principles
enshrined in the Constitution, the standards set by intemational humanitarian law and
human rights laws, intemational treaties and conventions adhered to by the Philippines,
including the United Nations’ Guiding Principles on Internal Displacement (UNGPID), and
existing Philippine laws, such as the “Philippine Act on Crimes Against Intemational
Humanitarian Law, Genocide, and Other Crimes Against Humanity” (Republic Act No. 9851)
and the “Urban Development and Housing Act of 1992” (Republic Act No. 7279), it is hereby
declared a State policy to adopt a rights-based approach for the promotion and
protection of the rights of intemally displaced persons in situations of armed conflict,
generalized and/or organized violence, clan wars, violations of human rights, implementation
of development projects, and natural, human-induced and human-made hazards

During an armed conflict, the parties shall ensure the protection of the rights of the
victims of armed conflict in accordance with intemational humanitarian law and international
human rights laws.

The State shall harmonize all legal measures pertinent to “Internally Displaced
Persons or group of persons" (IDPs), and ensure that such are consistent with this Act.

SEC 3. Definition of Terms. — As used in this Act:
a. Apartheid refers to inhumane acts committed in the context of an institutionalized
regime of systematic oppression and domination by one racial group or groups

and committed with the intention of maintaining that regime.

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

c. Clan War refers to any armed or violent conflict that may arise between
members of different indigenous groups, indigenous cultural communities or clans,
or between and among members of the same indigenous group, cultural community
orclan,

4. Collective punishment refers to penalty inflicted upon the population on account of
the acts of individuals for which they cannot be regarded as jointly and severally


responsible.

e. Ethnic cleansing refers to the act of rendering an area ethnically homogenous by
using force or intimidation to remove from a given area persons of another ethnic or
religious group.

f. Generalized and/or organized violence refers to the purposeful and systematic
use of terror and brutality to contro! individuals, groups and communities, through the
use of overwhelming force, and characterized by widespread, massive or sufficient
intensity, causing arbitrary internal displacement of persons or communities.

Its methods include causing severe pain and suffering, killing, intimidating,
threatening, and in some cases, destroying a community, ethnic group or political
opposition.

g. Development projects are projects carried out for economic or political growth,
advancement and expansion.

h. intemal displacement refers to the involuntary or coerced movement or relocation of
persons, families, or communities from their areas of habitual abode and source of
substance within the national borders, as a result, or in order to avoid or minimize
the effects, of armed conflict, situations of generalized and/or organized violence,
violations of human rights, implementation of development projects, natural, or
human-induced and human-made hazards.

i. Internally displaced person or group of persons (IDP), refers to any person or
group of persons who has or have been forced or obliged to flee or to leave their
homes or places of habitual residence within the national borders, as a result of or
in order to avoid or minimize the effects of armed conflict, situations of generalized
and/or organized violence, violations of human rights, implementation of
development projects, natural, human-induced and human-made hazards.

j. Order of Battle or Watchlist refers to a document or an organizational tool used by
military or law enforcement agencies that, inter alia, list persons or organizations
perceived as being hostile to the state, government, or the armed or police forces.

SEC 4. Scope. - This Act shall primarily provide for the protection of rights of IDPs during
and after displacement, as well as their retum, local integration or resettlement
elsewhere. This Act shall likewise cover arbitrary internal displacement of civilians as a
result of or in order to avoid the effects of armed conflict, situations of generalized and/or
organized violence, violations of human rights, implementation of development projects,
natural, human-induced and human-made hazards.

To address the risks involved in natural hazards and the over-all impact of climate
change and global warming on the rights of those who are intemally displaced, due
reference shall be made to the pertinent provisions of Republic Act No. 9729, otherwise
known as the Climate Change Act of 2009 and Republic Act No. 10121, otherwise known as
the Philippine Disaster Risk Reduction and Management Act of 2010.

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

SEC 6. Prohibited Acts of Arbitrary Intemal Displacement. — The prohibited acts of
arbitrary internal displacement shall include those committed:

a. based on policies of apartheid, ethnic cleansing, or similar practices aimed at or
resulting in altering the ethnic, religious or racial composition of the affected
population;

b. in situations of armed conflict, unless the safety and security of civilians are


involved or imperative military reasons so demand;

in cases of development projects without proper implementation of return, local
integration or resettlement of affected IDPs;

in cases of human-induced and human-made disasters, unless the safety and health
of those affected require their evacuation;

as a form of collective punishment ;

in cases of clan wars, unless the safety and security of civilians are endangered;

in violation of the rights of IDPs granted under Section 9, paragraphs b and g of this
Act; and

in cases where there is malice, bad faith or gross negligence resulting in a violation of
the rights granted under Section 9, paragraphs a, c, d, e and f of this Act.

An Order of Battle or Watchlist shall not justify arbitrary internal displacement and shall
subject the author and implementors thereof to the penalties provided under Section 13 of
this Act.

SEC 7. Safeguards against Arbitrary Intemal Displacement. — If displacement is inevitable
under circumstances beyond control that pose risks to the lives and properties of persons,
displacement shall not be carried out in a manner that violates the rights to life, liberty,
dignity, security, and property of those affected, without any adverse distinction.

‘All concemed authorities, persons and groups shall observe the following

safeguards against arbitrary intemal displacement:

All feasible altematives shall be explored in order to avoid displacement. Where no
altemative exists, all measures shall be undertaken to minimize displacement and
its adverse effects on the population that will be affected;

If displacement is inevitable, the authorities, pursuant to their respective mandates
and functions, shall ensure, to the greatest practicable extent, satisfactory conditions
of basic needs such as safety, water and sanitation, education, nutrition, health and
hygiene of those displaced; that religious and cultural needs are respected; and that
members of the same family, especially women and children, are not separated;
Indigenous peoples, minorities, peasants, persons with disabilities (PWDs) and
other groups with special dependency on and attachment to their lands shall be
protected from arbitrary internal displacement, in accordance with Republic Act No.
8371, otherwise known as the Indigenous People's Rights Act of 1997; and

In situations other than the emergency stages of armed conflicts and disasters, the
following shall be guaranteed:

a. There shall be full disclosure of information on the reasons and procedures
for the displacement and when applicable, also on financial assistance and
relocation;

b. Free, prior, and informed consent of those persons to be displaced shall be
sought;

¢. Authorities concemed shall endeavor to involve those affected, particularly
women, elderly persons and PWDs, in the planning and management of
their return, local integration or resettlement;

d. Law enforcement measures, when required, shall be carried out by
‘competent legal authorities; and

e. The right to an effective and speedy remedy, including the review of such
decisions by appropriate judicial authorities, shall be respected.

SEC 8. Permanent Prohibition Against Arbitrary Intemal Displacement. - The prohibition on
arbitrary intemal displacement and the fundamental safeguards for its prevention shall not be
suspended under any circumstance, including political instability, threat of war, state of war


or other public emergencies.

SEC 9. Rights During and After Displacement. — Pursuant to the provisions of the Bill of
Rights under Article Ill of the Constitution, the following rights shall be afforded to IDPs
during and after their displacement, without discrimination of any kind, such as those based
‘on race, color, sex, language, religion or belief, political or other opinion, national, ethnic
or social origin, legal or social status, age, disability, property, birth, lack of tenurial claim,
or on any other similar criteria.

The rights and obligations herein shall not be interpreted as restricting,
modifying or impairing the provisions of any intemational human rights or international
humanitarian laws or rights granted to persons under domestic law.

Authorities shall also provide due respect to the cultural and religious sensitivities of
IDPs, in providing the following:

a. Provision and Access to Basic Necessities. — At the minimum, regardless of the
circumstances, and without discrimination, and with special attention to gender
sensitivity and varying vulnerabilities, competent authorities shall provide IDPs with and
ensure safe access to

1) Essential and adequate food and nutrition, and potable water,

2) Adequate shelter with proper sanitation facilities;

3) Adequate and appropriate clothing and essential non-food items; and

4) Essential medical, dental and psychological services, including provision for

essential drugs and medicines, as well as social services;

b. Protection against Criminal Offenses and Other Unlawful Acts. —

1) It shall be prohibited to commit any acts against IDPs penalized under the Revised
Penal Code and other special laws applicable in situations of armed conflict,
generalized and/or organized violence, clan wars, violations of human rights,
implementation of development projects, natural, human-induced and human-made
hazards, including but not limited to Republic Act No. 9851, Republic Act No.
10121, and Republic Act No. 10821;

2) IDPs shall not be intemed in or confined in any evacuation center, facility,
encampment or other settlements. If in exceptional circumstances such internment or
confinement is necessary, it shall not last longer than what is required by the
circumstances, as may be determined by local government units, other concemed
agencies of the govemment, and the Commission on Human Rights (CHR), in
consultation and close coordination with military and law enforcement agencies
conducting operations; and

3) IDPs shall be protected against discriminatory practices of recruitment into the

4) Armed Forces of the Philippines (AFP), law enforcement agencies or any armed
group as a result of their displacement. In particular, any cruel, inhumane or
degrading practice that compels compliance or punishes non-compliance with
recruitment shall be prohibited in all circumstances;

c. Freedom of Movement. —
1) Every IDP has the right to liberty of movement and the right to move freely in and out
of any evacuation center, encampment or other settlements, subject to existing

rules and regulations;

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

a. to enjoy freedom of thought, conscience, religion or belief, opinion and
‘expression;


b. to seek freely opportunities for employment and to participate in economic
activities;

c. to associate freely and participate equally in community affairs;

d. to vote and participate in govemmental and public affairs, including the right
to have access to the means necessary to exercise these rights; and

e. to communicate in a language they understand;

3) IDPs have the right to:

a. seek safety in another part of the country;

b. leave the country;

c. seek asylum in another country; and

d. be protected against forcible retum to resettlement in any place where their
lives, safety, liberty and/or health would be at risk;

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

e. Family Unity and Missing Persons. -

1) Members of internally displaced families who wish to remain together shall be

allowed to do so. Families that are separated by displacement and whose personal

liberty have been restricted by interment or confinement in any evacuation center,

facility, encampment or other settlements should be reunited immediately, with

appropriate measures taken to expedite the reunion, particularly when children are
involved;

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

3) The authorities concemed shall endeavor to establish the fate and whereabouts
of IDPs reported missing and cooperate with relevant intemational organizations
engaged in this task. They shall inform the nextof-kin on the progress of the
investigation and notify them of any result;

4) The authorities concemed shall endeavor to collect and identify the mortal remains of
the deceased, prevent their despoliation or mutilation and facilitate the retum of
those remains to the next-of-kin or dispose of them respectfully; and

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

f. Health. -

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

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

3) Special attention shall be given to the health needs of women and girls,
including access to comprehensive female and reproductive health care services, to


be provided, whenever feasible, by female health care providers, as well as
appropriate counseling and other services for victims of sexual and other abuses;
and

4) Special attention shall also be given to prevent the contraction and spread of
contagious and infectious diseases, including AIDS, among IDPs;

g. Education. - The authorities concemed shall ensure that IDPs, in particular displaced
children, receive education that shall be free, quality and safe and shall be compulsory up
to the primary education level. Special efforts shall be made to ensure the full and equal
participation of women and girls in educational programs. Cultural identity, language and
religion shall be reconsidered in the institution of these educational programs. Educational
and training facilities shall be made available to the IDPs as soon as circumstances permit
and in accordance with Republic Act No. 10821

h. Property and Possessions. - The property and possessions of IDPs shall, in all
circumstances, be protected against the following acts:

1) pillage or looting;

2) direct and indiscriminate attacks or other acts of violence;

3) being used to shield military operations or objectives;

4) being made the object of reprisal;

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

6) destruction, arbitrary and illegal appropriation, occupation or use.

The City or Municipality exercising territorial jurisdiction over the affected area/s, with the
assistance of the National Government, shall endeavor, as far as practicable, to assist
the IDPs to bring with them basic necessities during evacuation subject to logistical
considerations.

SEC 10. Assistance During Displacement of IDPs. - The primary duty and responsibility for
providing humanitarian assistance to IDPs lie with national authorities, which shall closely
collaborate with the City or Municipality exercising territorial jurisdiction over the affected
area/s. As such, the military and law enforcement agencies conducting operations, the
Department of Social Welfare and Development (DSWD), the Department of Health (DOH),
the local government hospitals, the City or Municipality concemed and other appropriate
government agencies, shall provide immediate relief and humanitarian assistance to IDPs,
families and communities.

Humanitarian assistance to IDPs shall not be diverted for any political or military
reason.

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

All concerned authorities shall assist the IDPs in the recovery of their property and
possessions, and shall provide or assist these persons in obtaining appropriate financial
assistance.

SEC 11. Early Recovery Plan. - The LGUs exercising territorial jurisdiction over the affected
area/s shall craft an early recovery plan, in coordination with the IDPs, which may include
the putting up of specific infrastructure for temporary shelter in accordance with existing
applicable laws.

SEC 12. Retum, Local integration or Resettlement. - Competent authorities, such as
the military and law enforcement agencies conducting operations, the DSWD, the DOH,
the local goverment hospitals, the LGUs concemed and other appropriate govemment


agencies, shall have the primary duty and responsibility to establish conditions and provide
means for IDPs to retum voluntarily, in safety and with dignity, to their homes or places of
habitual residence, or to resettle voluntarily in places of refuge and/or in another part of
the country, to integrate with the community in which they have resettled, taking into
consideration the right of IDPs to choose a residence, and with due respect for the cultural
heritage and traditions of Indigenous Peoples.

Said authorities, including the CHR, shall likewise ensure prior consultations and the
full participation of IDPs during and after the planning and management of their retum,
local integration or resettlement elsewhere.

SEC 13. Mechanisms for Intemational Humanitarian Assistance. — Intemational
humanitarian organizations, their local counterparts and other appropriate actors shall have
the right to offer their services, including humanitarian assistance, in support of the internally
displaced. These acts shall be considered done in good faith and not as unfriendly acts
or interference in the intemal affairs of the government. Consent thereto shall not be
arbitrarily withheld, particularly when authorities concerned are unable or unwilling to provide
the required humanitarian assistance.

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

The importation and donation of food, clothing, medicine and equipment
necessary for relief and assistance of IDPs are hereby authorized, provided it complies with
existing laws as regards national internal revenue taxes and import duties of national
government agencies, and the prevailing provisions of the General Appropriations Act
(GAA).

SEC 14. Penalties. —
a. The penalty of twelve (12) years and one (1) day to twenty (20) years imprisonment
shall be imposed upon any person who commits the following:

1) Those who directly commit the act of arbitrary internal displacement, as defined in
this Act;

2) Those who directly force, instigate, encourage, induce or incite others to commit the
act of arbitrary internal displacement;

3) Those who cooperate in the act of arbitrary internal displacement by committing
another act, without which the act of arbitrary internal displacement would not have
been carried out;

4) Those who cooperate in the execution of the act of arbitrary intemal displacement by
previous or simultaneous acts;

5) With respect to commanding officers of the military, police or other law enforcement
agencies or other similar authorities, for acts of arbitrary intemal displacement
committed by forces under their effective command and control, or effective
authority and control, as the case may be, when the commanding officers or
authorities knew or, owing to the circumstances at the time, should have known that
the forces were committing or about to commit such crimes, and failed to take all
necessary and reasonable means within their power to prevent or repress their
commission, or to submit the matter to competent authorities for investigation and
prosecution;

6) In case the acts of arbitrary intemal displacement are committed by a corporation or
a juridical entity, the members of the Board of Directors who were present in
the meeting and who actually voted for the approval of the resolution or order
directing the commission of arbitrary intemal displacement, and the corporate
officers or agents who carried out such resolution or order of the corporation shall
each be criminally liable.


b. The penalty of six (6) years and one (1) day to twelve (12) years imprisonment shall be
imposed upon those who attempt to commit the offense of arbitrary intemal displacement.

c. The penalty of six (6) years and one (1) day to twelve (12) years imprisonment shall also
be imposed upon persons who, having knowledge of the act of arbitrary internal
displacement and without having participated therein, either as principals or accomplices,
took part subsequent to its commission by any of the following acts:
1) By themselves profiting from or assisting the offender to profit from the effects of the
act of arbitrary internal displacement;
2) By concealing the act of arbitrary internal displacement and/or destroying the
effects or instruments thereof, in order to prevent its discovery; and
3) By harboring, concealing or assisting in the escape of the principal/s in the act of
arbitrary intemal displacement:
d. In addition to the foregoing, if the offender is a public officer, the offender shall be
sentenced to suffer perpetual disqualification to hold public office and deprivation of the right
to vote.

SEC 15. Non-prescription of Offense. - The crimes defined and penalized under this Act,
their prosecution, and the execution of sentences imposed on their account, shall not be
subject to any prescription

SEC 16. Civil Liabilities. - Any person who directly or indirectly obstructs, defeats, violates
or in any manner impedes or impairs any of the rights and liberties of another person
provided in this Act shall be liable to the latter for damages.

SEC 17. Financial Assistance to IDPs. — Whenever arbitrary intemal displacement is
committed, the government shall provide the necessary financial assistance for the
displaced, their reparation, retum, local integration or resettlement elsewhere

Receipt of such financial assistance shall be without prejudice to the amount of assistance
granted under other government programs, such as the Victims’ Compensation Program of
the Department of Justice (DOJ) by virtue of Republic Act No, 7309, the relief assistance to
IDPs by the DSWD, the DOH, and other similar programs which may be made available to
the IDPs under existing laws, rules and regulations.

SEC 18. Provision for Support and Other Services. - The DOH, the DSWD, the Department
of Education (DepEd), the Commission on Higher Education (CHED), the Technical
Education and Skills Development Authority (TESDA) and such other agencies, shall render
non-monetary support and services for IDPs and their families, in coordination with the
CHR, pursuant to the provisions of this Act

SEC 19. Damages. — A court of competent jurisdiction shall determine the damages

inflicted against IDPs and direct the private non-govemmental individuals and entities

responsible for arbitrary internal displacement to award monetary compensation under the
following standards:

a. Where an individual victim dies, the amount of fifty thousand pesos (Php

50,000.00) shall be granted to the heirs of the victim as a death ben

b. Where physical, emotional or psychological injury is caused to an individual

victim, actual and compensatory damages, including moral, nominal,

exemplary and temperate damages resulting from such injury, shall be paid

to the victim. Upon a finding of such injury, and apart from the

‘compensation for actual, compensatory, moral, nominal and/or temperate

damages, such determination shall also include referral to the DOH and

DSWD for appropriate interventions or services to include psychological

intervention and rehabilitation, the costs of which shall be bome by the



government.

c. Where there is loss of or damage to the property of an individual victim,
the amount corresponding to the fair market value of the property lost or
destroyed at the time of loss or destruction, or the amount mutually agreed
upon by the parties involved, whichever is higher, shall be paid to the victim.
Cases for damages filed under this Act shall be considered as an
independent civil action which is summary in nature. The Supreme Court
shall promulgate the necessary rules and regulations to govern the
procedure for cases filed in this manner.

SEC 20. Role of the DSWD. - The DSWD shall be designated as the institutional focal
point for IDPs. As such, the DSWD shall have the following additional functions:

a. To monitor IDP conditions through a system to track concems, actions
taken and other relevant information to ensure that IDP rights are respected,
protected, and fulfilled in all phases of intemal displacement;

b. To conduct public inquiries, document violations of human rights, assist IDPs
in seeking redress of grievances and work to ensure an effective response
by the concemed authorities;

©. To recommend the investigation of, and refer complaints filed by any party
involving all forms of human rights violations against IDPs involving civil and
Political rights to relevant government agencies;

d. To provide financial assistance, as well as psycho-social interventions and
similar services to IDPs, and to issue necessary guidelines to implement the
same;

. To coordinate the grant of assistance to IDPs by other relevant government
agencies;

f. To follow up on early warming and ensure effective measures to protect the
civilian population against arbitrary intemal displacement;

g. To hold public information drives on the protection and rights of IDPs, and
foster their participation in the decision-making process regarding issues that
concern them;

h. To facilitate linking IDPs to employment opportunities, support services and
other livelihood programs, in cooperation with other goverment agencies,
such as, but not limited to, the Department of Agriculture (DA), Department
of Agrarian Reform (DAR) and the Department of Trade and Industry (DTI);
and

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

In performing the above functions, the DWSD shall be supported by local goverment units
and the CHR.

SEC 21. Role of the CHR and Other Relevant Govemment Agencies. . - The CHR shall
have the following additional functions:

a. To advise the government on the rights of IDPs, formulate sound national
policy, recommend legislation and facilitate discussions to effectively address
situations of intemal displacement;

b. To investigate, on its own or on complaint by any party, all forms of human
rights violations against IDPs involving civil and political rights, in
accordance with Section 18(1) of Article Xill of the Constitution, and when
found in the investigation that the filing of a case in court is warranted,
request the assistance of any department, bureau, office or agency, such as
the National Prosecution Service of the DOJ or the Ombudsman, by virtue of
Executive Order No. 163, series of 1987; and


c. To undertake educational activities and training programs for State
authorities, including military and law enforcement agencies.

SEC 22. Joint Congressional Oversight Committee. — A Joint Congressional Oversight
Committee is hereby created to monitor the implementation of this Act, composed of the
Chairperson of the Senate Committee on Justice and Human Rights and seven (7)
other

Senators designated by the Senate President, and the Chairperson of the House
Committee on Human Rights and seven (7) other Members of the House of
Representatives, designated by the Speaker of the House of Representatives: Provided,
That of the seven (7) Members to be designated by each House of Congress, four (4) shall
represent the Majority and three (3) shall represent the Minority

SEC 23. Monitoring of Compliance. — An inter-agency coordinating committee shall be
tasked to periodically monitor the compliance with this Act This Committee shall be
headed by the Secretary of the DSWD, and shall be composed of the following:
a. The Chairperson of the Commission on Human Rights;
b. A representative, with the rank of Undersecretary, from the Department of
National
c. Defense;
A representative, with the rank of Undersecretary, from the Department of Interior
and
. Local Government;
A representative, with the rank of Undersecretary, from the Department of Health;
A representative, with the rank of Undersecretary, from the Department of Justice;
A representative from the Office of Civil Defense / National Disaster Risk Reduction
and

a

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Management Coordinating Council;

A representative from the National Commission on indigenous Peoples;

A representative from the National Youth Commission;

The Chairperson of the Philippine Red Cross;

m. 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 NGOs;

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

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

p. The Chairperson of the Committee on Justice of the House of Representatives

cate

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

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

The Committee shall submit an annual report to the Joint Congressional
Oversight Committee herein created, thirty (30) days after the end of each fiscal year.
Such annual report shall be the basis for proposed amendments to existing legislation to
improve the conditions of internally displaced persons.

SEC 24. Appropriations. - The amount of Twenty million pesos (P20,000,000) is hereby


authorized to be appropriated out of the funds in the National Treasury not otherwise
appropriated for the initial operation of this Act. Thereafter, such sums as may be necessary
for the continued implementation of this Act shall be included in the GAA.

SEC 25. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity
of this Act, the DSWD shall issue the necessary rules and regulations for its implementation.
In the formulation of the rules and regulations, the DSWD shall take the lead, in
coordination with the DND, DILG, DOH, DOJ, Department of Environment and Natural
Resources (DENR), AFP, Philippine National Police (PNP), CHR, Philippine Commission
‘on Women (PCW), Council for the Welfare of Children (CWC), National Commission on
Indigenous Peoples (NCIP), National Commission on Disability Affairs (NCDA), Presidential
Commission on Urban Poor (PCUP), Housing and Urban Development Coordinating Council
(HUDCC), National Disaster Risk Reduction and Management Council (NDRRMC), National
Housing Authority (NHA) and consult with the LGUs concemed, human rights non-
governmental organizations and people's organizations.

SEC 26. Separability Clause. - \f any part or provision of this Act shall be declared
unconstitutional or invalid, the other provisions hereof which are not affected thereby shall
remain in full force and effect.

SEC 27. Repealing Clause. — All laws, decrees, executive orders, memorandum orders,
memorandum circulars, administrative orders, ordinances or parts thereof which are
inconsistent with the provisions of this Act are hereby deemed repealed or modified
accordingly.

SEC 28. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of national circulation.

Approved,