HOUSE F REPRESENTATIVES

RECE!
Republic of the Philippines 07 FIVED
HOUSE OF REPRESENTATIVES pate’ / UL 2016,
Quezon City, Metro Manila THe,

SEVENTEENTH CONGRESS BY; i

First Regular Session
REGISTRATION UNIT

HOUSE BILLNO. 1304 | Sais avo woex service

Introduced by HON. RENE L. RELAMPAGOS
First District, Bohol

EXPLANATORY NOTE

“For a country prone to disasters and the displacement effects of long-standing conflicts,
it is essential to enshrine the rights and protection of IDPs into law. Not to do so

after a decade of debate sends a wrong signal about the Government's commitment

to ensuring respect for their rights and withholds essential legal protection form IDPs.”
- UN Expert Chaloka Beyani

“Internal displacement is the great tragedy of our times. The internally displaced
people are among the most vulnerable of the human family.”*

Internal displacement has been a global phenomenon the recent years due to the
risks and impact of climate change, global warming, armed conflict, and development
aggression, among others.

UNHCR’s3 annual Global Trends Report: World at War, released on June 18,
2015, said that worldwide displacement was at the highest level ever recorded. It said
the number of people forcibly displaced at the end of 2014 had risen to a staggering 59.5
million compared to 51.2 million a year earlier and 37.5 million a decade ago. The
increase represents the biggest leap ever seen in a single year. This 2014 data shows that
38 million people around the world has been forced to flee their homes by conflict and
violence and more than 19.3 million in 100 countries due to natural hazards. This
translates to around 30,000 people being displaced everyday. Since 2008, an average of
26.4 million people per year have been displaced due to natural hazards. This does not
include displacement related to more indirect impacts of hazards such as drought and
gradual environmental degradation, as well technological hazards, and biological
hazards are not included.+ Half of these displaced are children.

‘The Philippines, close to 220,00 people have been displaced in Mindanao due to
conflict and violence since January 2015. This is nearly twice the number of people who

* Dr. Chaloka Beyani is the United Nations Special Rapporteur on the human rights of internally displaced
persons. The UN expert went on a ten-day official mission to the Philippine in 2015 to assess the impact of
all forms of internal displacement, including those caused by disasters, armed conflict, and development
projects on ancestral lands of indigenous peoples.

2 Kofi Anna, former Secretary general of the United Nations

2 United Nations High Commissioner for Refugees

4 Data from the Internal Displacement Monitoring Centre (IDMC)



were displaced in 2014. An estimated 123,800 people were displaced in 2014 with
armed conflict the main driver of displacement followed by crime and violence and clan-
related violence. Alarmingly, 5,787,000 people were newly displaced due to disasters in
2014. As of May 2015, it was estimated that at least 119,000 people remained displaced
in the Philippines due to conflict and violence. In addition, at least 140,000 people were
still displaced as a result of natural hazards-related disasters. In 2014, the Philippines
ranked seventh in the world in the number of internally displaced by reason of natural
disasters.

UN expert on the rights of internally displaced people, in his visit to the country
last year, said in his after-mission report, “Armed conflict or intrusive development, not
only displace indigenous peoples and subject them to conditions that may bring about
their destruction as people, they also destroy their homes and livelihoods. They have an
incalculable impact on their cultures and ways of life that are part of the rich and diverse
heritage of the Philippines that must be protected or otherwise lost, perhaps forever.”

Noting the veto of the bill in 2013, the UN Expert further said, “An ‘almost law is
as good as no law at all.”

Hence, the passage of this bill is earnestly sought.

conf RELAMPAGOS



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

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNo, _ 1304

Introduced by HON. RENE L. RELAMPAGOS
First District, Bohol

AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT

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_ international
humanitarian law and human rights laws, international treaties and conventions
adhered to by the Philippines, including the United Nations’ Guiding Principles on
Internal Displacement (UNGPID), it is also hereby declared a State policy to adopt a
rights-based approach for the promotion and protection of the rights of internally
displaced persons 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.

In the event of armed conflict, the parties shall ensure the promotion and
protection of the rights of the victims of armed conflict in accordance with international
humanitarian law and international human rights laws.

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 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 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 or clan.

d. 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.

e. Generalized and/or organized violence refers to the purposeful and
systematic use of terror and brutality to control 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.

£, Implementation of development projects refers to the carrying out of any
undertaking or activity aimed at economic or political growth, advancement
and expansion that results or may result to arbitrary internal displacement of
persons: Provided, That the term does not include legitimate resettlement
schemes and/or programs.

g. Internal displacement refers to the involuntary movement or forced
evacuation or expulsion of any person or group of persons who flee or leave
their homes or places of habitual residence, 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.

h. 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.

i. Order of Battle refers to any document made by the military, police or any law
enforcement agency of the government, listing the names of persons and
organizations that are perceived to be enemies of the State and are considered
as legitimate targets as combatants that it could deal with, through the use of
means allowed by domestic and international law.

SEC. 4. Scope. — This Act shall primarily provide for the protection of rights of
IDPs during and after displacement, as well as their return, 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 internally displaced,
due reference shall be made to the pertinent provisions of Republic Act No. 9720,
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. Primary Duty to Protect the IDPs. — National authorities have the
primary duty and responsibility to provide protection and humanitarian assistance to
internally displaced persons within their jurisdiction. As such, State authorities,
including local government units (LGUs) and parties to an armed conflict, irrespective
of their legal status and applied without any adverse distinction, shall respect and
ensure compliance with their obligations under international law, including human
rights law and humanitarian law, so as to prevent and avoid conditions that might lead
to arbitrary internal displacement of persons.

SEC. 6. Prohibited Acts of Arbitrary Internal Displacement. ~ The
prohibited acts of arbitrary internal displacement shall include 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;

c. in cases of development projects, which are not justified by compelling and
overriding public interest and with proper implementation of return, local
integration or resettlement elsewhere of affected IDPs;

d. in cases of natural, human-induced and human-made hazards, unless the
safety and health of those affected require their evacuation;

when used as a form of collective punishment;

in cases of clan wars, unless the safety and security of those civilians not

involved in the conflict are endangered; and

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

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

me

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

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

All concerned authorities, groups and persons shall observe the following

safeguards against arbitrary internal displacement:

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

b. If displacement is inevitable, the authorities, pursuant to their respective
mandates and functions, shall ensure, to the greatest practicable extent, that
Proper accommodation is effected in satisfactory conditions of safety,
nutrition, water and sanitation, health and hygiene, and that members of the
same family, especially women and children, are not separated;



c. Indigenous peoples, minorities, peasants, pastoralists, 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

d. In situations other than during the emergency stages of armed conflicts
and hazards, the following guarantees shall be complied with:

1) a specific decision shall be taken by the authority empowered by law to
order such measures;

2) full disclosure of information on the reasons and procedures for the
displacement and when applicable, also on financial assistance and

relocation;

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

4) authorities concerned shall endeavor to involve those affected, particularly
women, elderly persons and PWDs, in the planning and management of
their return, local integration or resettlement elsewhere;

5) law enforcement measures, when required, shall be carried out by
competent legal authorities; and

6) the right to an effective remedy, including the review of such decisions by

appropriate judicial authorities, shall be respected.

SEC. 8. Permanent Prohibition Against Arbitrary Internal
Displacement. — ‘The prohibition on arbitrary internal displacement and the
fundamental safeguards for its prevention shall not be suspended under any
circumstance, including political instability, threat of war, state of war or other public
emergencies.

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

a. Provision and Access to Basic ities. — At the minimum, regardless of
the circumstances, and without discrimination, competent authorities shall
provide IDPs with and ensure safe access to:

1) essential and adequate food and nutrition and potable water;

2) basic shelter and housing;

3) appropriate clothing; and

4) essential medical and dental services and sanitation, including
psychological and social services and essential drugs and medicines;

b. Protection Against Criminal Offenses and Other Unlawful Acts. —
1) It shall be prohibited to commit any of the following acts against IDPs in
all circumstances:

@ ~~ murder;

(ii) hostage-taking;

(ii) summary or arbitrary execution and enforced disappearance,
including abduction or unacknowledged detention, threatening or
resulting in death; and

(iv) unlawful confinement;



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

(i) direct or indiscriminate attacks or other acts of violence, including
the creation of areas wherein attacks on civilians are permitted;

(ii) starvation as a method of combat;

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

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

(v)__ use of anti-personnel landmines;

s, whether or not their liberty has been restricted, shall be protected in

particular against:

(rape and other outrages upon personal dignity, such as forced
prostitution, trafficking of persons, any act of gender-specific
violence, or any form of indecent assault;

(ii) mutilation, torture, cruel, inhumane or degrading treatment or
punishment;

(iii) any form of violence against children, such as trafficking, forced labor
or sexual exploitation and other violations of children’s rights;

(iv) slavery or any contemporary form of slavery, such as sale into
marriage, sexual exploitation or forced labor of children; and

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

Threats and incitement to commit any of the foregoing acts under
paragraph b, subsections 1) and 3) herein shall be prohibited:

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

5) IDPs shall be protected against discriminatory practices of recruitment
into the Armed Forces of the Philippines (AFP), law enforcement agencies
or any armed group as a result of their displacement. In particular, any
cruel, inhumane or degrading practice that compel compliance or punish
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 its existing rules and regulations;

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

@ _ to enjoy freedom of thought, conscience, religion or belief, opinion
and expression;

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

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


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

(v)_ to communicate in a language they understand;
3) IDPs have the right to:
(i) __ seek safety in another part of the country;
(ii) leave the country;
Gi) seek asylum in another country; and
(iv) be protected against forcible return to resettlement in any place
where their lives, safety, liberty and/or health would be at risk:

. Recognition, Issuance and Replacement of Documents. — The authorities
concerned 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;

. Family Unity and Missing Persons. -

1) Members of internally displaced families who wish to remain together shall
be allowed to do so. Families that are separated by displacement and
whose personal liberty have been restricted by internment or confinement
in any evacuation center, facility, encampment 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 concerned shall endeavor to establish the fate and
whereabouts of IDPs reported missing and cooperate with relevant
international organizations engaged in this task. They shall inform the
next-of-kin on the progress of the investigation and notify them of any
result; 7

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

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

Health and Education. ~

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

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


3) Special attention shall be paid to the health needs of women, including
access to comprehensive female 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;

Special attention shall also be given to the prevention of contagious and

infectious diseases, including AIDS, among IDPs; and

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

4

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

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

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

SEC. 11. Return, Local Integration or Resettlement Elsewhere. —
Competent authorities, such as the military and law enforcement agencies conducting
operations, the DSWD, the DOH, the local government hospitals, the LGUs concerned
and other appropriate government agencies, shall have the primary duty and
responsibility to establish conditions and provide means for IDPs to return voluntarily,
in safety and with dignity, to their homes or places of habitual residence, or to resettle


voluntarily in places of refuge and/or in another part of the country, taking into
consideration the right of IDPs to choose a residence.

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
return, local integration or resettlement elsewhere.

SEC. 12. Mechanisms for International Humanitarian Assistance. -
International humanitarian organizations, their local counterparts and other
appropriate actors shall have the right to offer their services, 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 internal affairs of the
government. Consent thereto shall not be arbitrarily withheld, particularly when
authorities concerned are unable or unwilling to provide the required humanitarian
assistance.

When providing assistance to IDPs, said organizations shall respect relevant
domestic laws, 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 in accordance with
Section 105 of the Tariff and Customs Code of the Philippines, as amended, as regards
national internal revenue taxes and import duties of national and local government
agencies, and the prevailing provisions of the General Appropriations Act (GAA).

SEC. 13. Penalties. —

a. The penalty of reclusion temporal in its minimum to medium period shall be
imposed upon any person or group of persons who commit the following:

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

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

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 cooperated in the execution of the act of arbitrary internal
displacement by previous or simultaneous acts; and

5) Those commanding officers of the military, police or other law
enforcement agencies or other authorities, for acts of arbitrary internal
displacement committed by forces under their effective command and
control, or effective authority and control as the case may be, as a result of
their failure to exercise proper control over such forces, where the
commanding officers or authorities knew or, owing to the circumstances at
the time, should 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 internal 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 internal



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 prision mayor in its minimum period shall be imposed upon
those who attempt to commit the offense of arbitrary internal displacement.

c. The penalty of prision mayor in its minimum period shall 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;

By concealing the act of arbitrary internal displacement and/or destroying

the effects or instruments thereof, in order to prevent its discovery; and

By harboring, concealing or assisting in the escape of the principal/s in the

act of arbitrary internal displacement:

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

2)

3.

SEC. 14. Applicability of the Revised Penal Code and Special Penal
Laws. — The provisions of the Revised Penal Code and other relevant special penal
laws, insofar as they are applicable, shall be suppletory to this Act.

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

SEC. 17. Damages. - A court of competent jurisdiction shall determine the
damages inflicted against IDPs and direct the persons responsible for arbitrary internal
displacement to award monetary compensation under the following circumstances:

a. Where death of an individual victim occurs, the amount of one hundred
thousand pesos (Php 100,000.00) shall be granted to the legal heirs of the
victim as a death benefit;

b. Where physical, emotional and/or psychological injury is caused to an
individual victim, actual and compensatory damages, including moral,
nominal, exemplary and temperate damages resulting from such injury, shall
be paid to the victim. Upon a finding of such injury and distinct from the
compensation for actual, compensatory, moral, nominal and/or temperate
damages, such determination shall also include a referral to the DOH and
DSWD for appropriate interventions or services, to include psycho-social
intervention and rehabilitation; and

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

Cases for damages filed under this Act shall be considered as an independent civil
action and summary in nature. The Supreme Court shall promulgate the necessary rules
and regulations to govern the procedure for cases filed in this manner.


SEC. 18. Civil Liabilities. — Any public officer or employee, or any private
person, who directly or indirectly obstructs, defeats, violates or in any manner impedes
or impairs any of the rights and liberties of another person enunciated in this Act shall
be liable to the latter for damages.

SEC. 19. Financial Assistance to IDPs. - Whenever human rights violations
are caused to the IDPs as incidents or consequences of arbitrary internal displacement,
the necessary financial assistance for their reparation, return, local integration or
resettlement elsewhere shall be provided.

The CHR shall enhance its existing financial assistance program to include
financial assistance for the purpose of facilitating the reparation, return, local
integration or re settlement elsewhere of IDPs. Provided, That in no case shall financial
assistance exceed ten thousand pesos (Php 10,000.00) per person.

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. 20. Non-Monetary Reparation. - 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 necessary services as non-monetary reparation for IDPs and their
families as may be determined, in coordination with the CHR, pursuant to the
provisions of this Act.

SEC. 21. Role of the CHR. ~ The CHR shall be designated as the institutional
focal point for IDPs. As such, the CHR shall have the following additional functions:

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

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

c. To investigate, on its own or on complaint by any party, all forms of human
rights violations against IDPs involving civil and political rights, in
accordance with Section 18(1) of Article XIII of the 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;

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

e. To recommend to the other agencies of government, taking into consideration
their respective mandates and functions, the grant of assistance to IDPs, as
may be appropriate;



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

g. To follow up on early warning and ensure effective measures to protect the
civilian population against arbitrary internal displacement;

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

i, To undertake educational activities and training programs for State
authorities, including the AFP;

j. 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; and

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

SEC. 22. Joint Congressional Oversight Committee. — A Joint
Congressional Oversight Committee is hereby created, 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.

The Joint Congressional Oversight Committee shall also have the power to
inquire into, summon and investigate the Orders of Battle as defined under this Act,
and/or any document of similar nature, as well as the legal and factual justifications for
the inclusion of specific persons and groups in said Orders of Battle or similar
documents. In this regard, the Joint Congressional Oversight Committee may issue
mandatory process directing the transmission of all such documents relevant and
necessary for the Committee to determine the validity of the inclusion of specific
persons or groups in the Orders of Battle or similar documents. For this purpose, the
highest ranking officers or heads of offices shall be charged with testifying before the
Joint Congressional Oversight Committee in relation to any inquiries on the Orders of
Battle or similar documents.

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

SEC. 23. Monitoring of Compliance. — An inter-agency coordinating
committee shall be tasked to periodically monitor the compliance with this Act. The
Committee shall be headed by the Chairperson of the CHR. Members of the group shall
be composed of:

a. A representative, with the rank of Undersecretary, from the Department of
Social Welfare and Development;



b. A representative, with the rank of Undersecretary, from the Department of
National Defense;

c. A representative, with the rank of Undersecretary, from the Department of
Interior and Local Government;

d. A representative, with the rank of Undersecretary, from the Department of
Health;

e. A representative, with the rank of Undersecretary, from the Department of
Justices

f. A representative from the Office of Civil Defense /National Disaster Risk
Reduction and Management Coordinating Council;

g. Arepresentative from the National Commission on Indigenous Peoples;

h. 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;

i, The Chairperson of the Committee on Justice and Human Rights of the
Senate;

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

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

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

The Committee shall likewise prioritize the 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 necessary for the initial
implementation of this Act shall be charged against the current year’s appropriations of
the CHR, the DSWD, the DOH, the Department of National Defense (DND) and the
Department of the Interior and Local Government (DILG). Thereafter, such sums as
may be necessary for the continued implementation of this Act shall be included in the
GAA.

SEC. 25. Implementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act, the CHR shall issue the necessary rules and regulations
for its implementation.

In the formulation of the rules and regulations, the CHR shall take the lead and
coordinate with DSWD, DND, DILG, DOH, DOJ, Department of Environment and
Natural Resources (DENR), AFP, Philippine National Police (PNP), 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 (NDRRMO), National Housing Authority (NHA) and consult with


the LGUs concerned, human rights non-governmental organizations and people's
organizations.

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

SEC. 27. Repealing Clause. - All laws, decrees, executive orders,
memorandum orders, memorandum circulars, administrative orders, ordinances ot
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,