Republic of the Philippines
HOUSE OF REPRESENTAT)
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

2282

House Bill No.

Introduced by AKBAYAN Representative Tomasito S. Villarin

EXPANATORY NOTE

Internally displaced persons (“IDPs”) are described by the United Nations
High Commissioner for Refugees as “persons or groups who have been
forced to flee or leave their homes or places of habitual residence as a result
of armed conflict, internal strife, and habitual violations of human rights, as
well as natural or man-made disasters involving one or more of these
elements, and who have not crossed an internationally recognized state
border.” Differentiated from refugees ~ who flee across frontiers with a well-
founded fear of persecution based on racial, religious, national, social or
political grounds - internally displaced persons do not enjoy adequate
protection and assistance compared to their counterparts who have crossed
an internationally recognized border.

‘The Philippines has a considerable share of internally displaced persons.
For one, the geographical location of the country makes it vulnerable to
natural disasters like typhoons, earthquakes and floods. Added to this,
families and individuals continue to experience displacement due to armed
conflicts and aggressions in different portions of the country, most of which
were brought about by counter-insurgency operations and other military
activities under the government's “war on terrorism.” Indeed, the
phenomenon of internal displacement as a consequence of armed conflict
has reached a proportion that could no longer be ignored.

From 2000 to the present, records show a huge number of civilians situated
in Mindanao who fled from their homes as a result of armed conflict. In
2008, the number of displaced persons in Mindanao, which reached
600,000, surpassed those recorded in Sudan, Kenya and Congo. According
to the data from the Department of Social Welfare and Development
(DSWD), the number of IDPs in the Philippines reached 970,000 in 2012.
The most recent siege of certain barangays in Zamboanga City by factions of
the Moro National Liberation Front (MNLF) resulted to the profiling by the
DSWD of 67,198 IDPs over a period of less than a month.

Meanwhile, high incidence of displacement in Luzon, particularly in Mindoro
and Rizal, where military operations against suspected rebels have displaced


indigenous Mangyans and Dumagats, put the Philippines in the list of top
40 countries all over the world where internal displacement is considered a
great disaster. According to the 2001 report of the Norwegian Refugee
Council, the figure reached 1,500,000 persons displaced, and the
Philippines ranked third after Burma and Indonesia in the list of countries
in Southeast Asia with the most number of IDPs.

At the instance of the United States High Commissioner for Refugees, the
United Nations Guiding Principles in Internal Displacement were formulated
and developed to provide guidance not only to States but also to
intergovernmental organizations and other authorities, groups and persons
concerned with internal displacement. Said Guiding Principles, submitted
to the United Nations High Commissioner for Refugees during its 54%
session, seek to recognize and respect the rights of IDPs to be protected
against enforced or involuntary displacement, to receive humanitarian
assistance, to be protected during displacement and to return safely to one’s
home or be given the benefit of resettlement.

As one of the original signatories of the Universal Declaration of Human
Rights and as a Party to at least thirty-four international human rights
instruments, the Philippine government has the duty to translate these
international standards into national laws. Unfortunately, there is no
existing law and mechanism that prevents the occurrence of internal
displacement or provides for the protection of such victims. Damages and
injuries which come in the form of physical and psychological injuries, death
and destruction of properties suffered by those affected by internal
displacement are just considered as “collateral damages.”

This proposed measure was also filed by Akbayan’s representatives during
previous Congresses. It is a localization of the Guiding Principles seeking to
institutionalize the protection of citizens from, during and after arbitrary
displacement. It hopes to install a mechanism of support to victims of
internal displacement such that damage and injury may be minimized in
cases where they cannot be prevented. It establishes the norm that the
government has the duty to defend and protect its people from domestic
threats and eventual displacement.

Immediate approval of this measure is, therefore, earnestly Sought,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2282 _

Introduced by AKBAYAN Representative Tomasito S. Villarin

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 Person Act of 2016.”

SECTION 2. Declaration of Principles. - Consistent with the principles
enshrined in the 1987 Philippine Constitution, the standards set by
international humanitarian law and human rights laws, international
treaties and conventions adhered to by the Philippines and incorporating the
United Nations’ Guiding Principles on Internal Displacement, it is hereby
declared the policy of the State to promote and protect the rights of
internally displaced persons in situations of armed conflict, generalized
violence, tribal and/or clan wars, violations of human rights, aggressive
implementation of development projects, natural and man-made disasters.

When armed conflict of a non-international character is inevitable, the State
shall ensure the promotion and protection of rights of the citizens who are
non-combatants and who shall enjoy in full equality, the same rights and
freedoms under international and domestic law as do other persons in the
country. These citizens shall not be discriminated against the enjoyment of
any rights and freedoms on the ground that they are internally displaced.

SECTION 3. Definition of terms. - As used in this Act:

(a) “Aggressive implementation of development projects’ refers to the
forceful carrying of any undertaking or activity aimed at economic or
political growth, advancement and expansion that results or may
result to internal displacement of persons: Provided, however, That


the term does not include legitimate resettlement schemes and/or
programs.

(b) “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.

(c) “Arbitrary internal displacement” refers to the acts of displacement
committed by any natural or juridical person through means of force,
intimidation, strategy, stealth, or with abuse of authority, or
oppressive or wanton disregard of the rights to life, liberty, dignity,
security, or property of the residents of an area in which they are
lawfully present, and characterized by those situations as defined in
Section 7 of this Act.

(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.

(c) “Internally displaced persons or group of persons” or collectively
referred to as “IDPs” refers to 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 human-made disasters, and who have not
crossed an internationally recognized State border.

(f) “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, without crossing an
internationally recognized State border, as a result of or in order to
avoid the effects of armed conflict, situations of generalized violence,
violations of human rights, land conversion and any other land
conflict, aggressive implementation of development projects, natural
and man-made disasters.

(g) “Order of battle” or “watch list” refers to any document made by the
military, police, or any law enforcement agency of the government,
listing the names of persons and organizations who it perceives to be
enemies of the State and who the State considers as legitimate targets
as combatants that it could deal with, through the use of means
allowed by domestic and international law.

(h) “Tribal and/or clan war” refers to any conflict that may arise between
members of different tribal groups, indigenous groups or clans, or
between and among members of the same tribe, indigenous group or
clan.


SECTION 4. Scope. - This Act provides for the protection of the rights of
internally displaced persons or group of persons during and after
displacement, including their right to return, re-settle and reintegrate. As
regards internal displacement brought about by natural disasters,
particularly on early warning measures and durable solutions, the pertinent
provisions of Republic Act No. 10121 or the Philippine Risk Reduction and
Management Act of 2010 shall be applicable.

SECTION 5. Prevention against Arbitrary Internal Displacement. - In
compliance with international obligations, the State, through its appropriate
agencies, shall undertake lawful and effective measures to prevent and avoid
conditions that may lead to the existence of internal displacement.

SECTION 6. Protection against Arbitrary Internal Displacement. - The
State, through its appropriate agencies, shall likewise ensure the protection
of the rights of persons against arbitrary internal displacement.

Wherever instances of internal displacement are carried out, the same shall
be done with due regard to the rights to life, liberty, dignity, security and
property of those affected.

The following safeguards against arbitrary internal displacement shall be
observed.

(a) All feasible alternative measures shall be explored to avoid the
occurrence of internal displacements. When no alternative exists, all
measures shall be undertaken to mitigate the adverse effects of
internal displacement on the affected persons or groups of persons.

(b) Whenever internal displacement is inevitable, the authorities shall
ensure, to the greatest practicable extent, that:

(1) Proper accommodation is effected;

(2) Satisfactory conditions of safety, nutrition, water and
sanitation, health and hygiene, are provided; and

(3) Members of the same family, especially mothers and their
children, are not separated from each other.

(c) Indigenous peoples, minorities, farmers 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 or the Indigenous People’s Rights Act of 1997.

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


(1) A specific decision shall be taken by the appropriate agency to
order the observance of the measures provided in this Section;

(2) The reasons and procedures for the displacement and,
whenever applicable, the compensation and relocation of the affected
persons or groups of persons, shall be fully disclosed;

(3) The free and informed consent of the persons or groups of
persons shall be sought;

(4) Authorities concerned shall endeavor to involve those affected,
particularly women, in the planning and management of their
relocation, resettlement and reintegration;

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

(6) The right to an effective remedy, including proper judicial review
of such decisions, shall be respected.

SECTION 7. Prohibited Acts of Arbitrary Internal Displacement. —
Arbitrary internal displacement shall include, but are not limited to, the
following acts of internal displacement:

(a) Committed to carry out 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) Committed in armed conflict situations, unless necessary to uphold
civilian security.

(c) Committed by reason of large-scale development projects, including
land conversion and any other land conflict, unless justified by
compelling and overriding public interest.

(d) Resulting from natural and man-made disasters, unless the safety
and health of those affected require their evacuation.

(c) Committed to be used as a form of collective punishment.

() Committed during tribal or clan wars, unless necessary to uphold
civilian.

(g) Committed in violation of the rights of IDPs during displacement
under Section 9 of this Act.

An order of battle and a watch list, as defined in this Act, or any order or list
of similar nature, official or otherwise, from a superior officer or a public
authority causing the commission of internal displacement is unlawful and

4


cannot be invoked as a justifying or exempting circumstance. Any person
receiving such an order shall have the right to disobey it.

SECTION 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.

SECTION 9. Rights During and After 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 other
similar criteria - and pursuant to the provisions of the Bill of Rights under
Article III of the 1987 Philippine Constitution, the following rights shall be
afforded to IDPs during and after their displacement:

(a) Provision and access to basic necessities. - 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) Essential medical and dental services and sanitation, including
psychological and social services and essential drugs and medicines.

(b) Protection against criminal and other unlawful acts. —

(1) Without prejudice to the prosecution of any offense committed
by an IDP, attacks or other acts of violence against IDPs who do not or
no longer participate in hostilities shall be prohibited in all
circumstances. In particular, IDPs shall be protected against the
following acts:

(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) Being used to shield, impede, or favor any operations or
objectives of the military, police, or any party.

(iv) Attacks against any evacuation center, facility, encampment or
other settlements.


(v) Use of anti-personnel landmines.

(2) In particular, IDPs, whether or not their liberty has been restricted,
shall be protected against:

(i) Rape, mutilation, torture, cruel, inhumane or degrading
treatment or punishment, and other outrages upon personal
dignity, such as acts of gender-specific violence, forced prostitution
and other forms of indecent assault.

(ii) Slavery or any contemporary form of slavery, such as sale
into marriage, sexual exploitation or forced labor of children.

(iii) Acts of violence intended to spread terror among IDPs.

(3) IDPs shall not be intered or confined in any evacuation center,
facility, encampment or other settlements. If, and only in exceptional
circumstance, such interment 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).

(4) 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 noncompliance with
recruitment shall be prohibited in all circumstances.

(c) Freedom of movement —

(1) Every IDP has the right to liberty of movement and freedom to
choose a residence. In particular, the IDP has 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
the enjoyment of the following rights:

() To enjoy freedom of thought, conscience, religion or belief,
opinion or expression.

(ii) To freely seek 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.

(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.

(iii) Seek asylum in another country.

(iv) Be protected against forcible return to resettlement in any
place where their lives, safety, liberty and health would be at
risk.

(a) Recognition, issuance and replacement of documents. - The authorities
concerned shall issue to IDPs all documents necessary for the enjoyment
and exercise of their legal rights. In particular, authorities concerned shall
facilitate the issuance of new documents or the replacement of documents
lost in the course of the 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.

(c) Family unit and missing persons. -

(1) Members of internally displaced families who wish to remain together
shall be allowed to do so. Members of families who were 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, women, elderly
and persons with disabilities 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 of such IDPs on the progress of the investigation and notify them
of any result.

(4) The authorities concerned shall endeavor to collect and identify the
remains of a deceased, prevent despoliation and mutilation, and facilitate
the return of the remains to the next-of-kin or the proper disposal of the
remains, as may be warranted by the circumstances.

7


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

() Health and education. —

(1) IDPs, particularly 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 other than
medical ones. When necessary, IDPs shall have access to psychological and
social service.

(3) Special attention shall be given to the health services of women,
including access to female health care, providers and services, as well as
appropriate counseling for victims of sexual and other abuses.

(4) Special attention shall also be given to the prevention of contagious and
infectious diseases, including AIDS, among IDPs.

(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 thei
cultural identity, language and religion, educational and training fac
shall be made available to them as soon as circumstances permit.

(g) Property and possessions. ~ The property and possessions of the IDPs
shall, in all circumstances, be protected against the following acts:

(1) Pillage;

(2) Direct and indiscriminate attacks or other acts of violence;

(3) Being used to shield military or any party’s 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 or

8


international humanitarian law or rights granted to persons under domestic
law.

SECTION 10. Assistance during Displacement of IDPs. - The primary
duty and responsibility for providing humanitarian assistance to IDPs lie
with national authorities, and shall be accomplished in close collaboration
with the local government unit (LGU) exercising territorial jurisdiction over
the affected area. As such, 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 LGU 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 reasons. 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
shall not be the objects of attacks and 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 compensation or other forms of just reparation.

SECTION 11. Return, Resettlement and Reintegration. — Competent
authorities, such as the military and law enforcement agencies conducting
operations, the DSWD, DOH, the local government hospitals, the LGU
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. Said authorities shall
likewise ensure full participation of IDPs in the planning and management
of their return, resettlement and reintegration.

SECTION 12. Mechanisms for International Humanitarian Assistance. —
International humanitarian organizations, their local counterparts and other
appropriate actors shall have the right to offer their services in support of
the internally displaced. These humanitarian assistance mechanisms
should be consistent with the Philippine Risk Reduction and Management
Act of 2010, with due regard to the appropriate recommendation of the
National Disaster Risk Reduction and Management Council (NDRRMC).

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

9


accordance with Section 105 of the Tariff and Customs Code of the
Philippines, as amended, and the prevailing provisions of the General
Appropriations Act as regards national internal revenue taxes and import
duties of national and local government agencies.

SECTION 13. Penalties. —

(a) The penalty of reclusion temporal in its minimum to medium
period shall be imposed upon the following persons:

(1) Those who actually commit acts of arbitrary internal displacement
as defined in Section 7 of this Act.

(2) Those who directly force, instigate, encourage, induce or incite
others to commit acts of arbitrary internal displacement.

(3) Those who cooperate in the execution of acts of arbitrary internal
displacement by previous and simultaneous acts, without the act of
arbitrary internal displacement would not have been carried out.

(4) 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 of 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.

(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;

(2) By concealing the act of arbitrary internal displacement and/or

destroying the effects thereof, in order to prevent its discovery and/or
hamper its prosecution; and

10


(3) By harboring, concealing or assisting in the escape of the principal
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.

SECTION 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.

SECTION 15. Jurisdiction of the Court. - The proper and competent
civilian courts shall have jurisdiction over the offense of arbitrary internal
displacement as defined and penalized in this Act.

SECTION 16. Financial Assistance to IDPs. - Whenever human rights
violations are casused to the IDP as an incident or consequence of the
internal displacement, the necessary financial assistance for their
reparation, return, resettlement or reintegration shall be provided.

The CHR shall enhance their existing financial assistance program to
include IDP financial assistance for the purpose of facilitating the
reparation, return, resettlement and reintegration of IDPs. Receipt of
financial assistance shall be without prejudice to the amount of
compensation which may be awarded to victims.

SECTION 17. Entitlement to Financial Assistance. ~ Any IDP qualified for
financial assistance shall receive the same from the State, free of tax, as
herein prescribed: Provided, That in case of deceased IDPs, the rules on
succession as provided in the New Civil Code of the Philippines shall apply,
in which case the legal heir/s shall be entitled to receive such financial
assistance: Provided, further, That no special power of attorney shall be
recognized in the actual disbursement of the award, and only the IDP or the
legal heir/s, as the case may be, shall be entitled to personally receive said
financial assistance from the CHR, unless the IDP or the legal heir is shown
to be incapacitated to the satisfaction of the Commission: Provided, finally,
That the financial assistance received under this Act shall be without
prejudice to the receipt of any other sum by the IDP from any other person
or entity in any case involving violations of human rights as defined in this
Act.

SECTION. 18. Amount of Financial Assistance. - The amount of financial
assistance under this Act shall be in proportion to the gravity of the human
rights violation committed on the IDP and in accordance with the number of
points assigned to the individual under Section 19 of this Act.

SECTION 19. Determination of Award. —

11


(a) The CHR shall follow the point system in the determination of the
award of financial assistance. The range shall be one (1) to ten (10) points,
as follows:

(1) Those who died or disappeared and are still missing as a result of
the internal displacement shall be given ten (10) points.

(2) Those who were tortured, raped or sexually abused as an incident
or consequence of the internal displacement shall be given eight (8) to
nine (9) points.

(3) Those who were forced, intimidated, threatened or deceived as to
cause them to involuntarily flee or leave their homes or habitual place
of residence shall be given six (6) to seven (7) points.

(4) Those whose residence or place of abode were destroyed or
damaged shall be given three (3) to five (5) points.

(5) Those whose other properties and belongings were lost, destroyed
or damaged shall be given one (1) or two (2) points.

The CHR shall exercise its powers with due discretion in the
determination of points for each victim, which shall be based on the type of
violation committed against the IDPs, frequency and duration of the
violation. In each category, IDPs who had suffered more would receive more
points. In instances where an IDP is classified in more than one category,
one shall be awarded the points in the higher category: Provided, That in
cases where there are several eligible claims filed for reparation by or on
behalf of a particular IDP, the Commission shall award only one (1) valid
claim which corresponds to the category obtaining the highest number of
points for each eligible claimant.

(b) The CHR shall then compute the final monetary value of one’s
award that is equivalent to the numerical value of one point multiplied by
the number of points that a claimant is entitled to, as previously determined
by the Commission.

SECTION 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 the services as
nonmonetary reparation for IDPs and their families as may be determined,
in coordination with CHR, pursuant to the provisions of this Act. The
amount for this purpose shall be sourced from the budget in the General
Appropriations Act of the agency rendering such service to IDPs and their
families.

SECTION 21. Compensation. - A court of competent jurisdiction shall
determine the damages inflicted against IDPs and direct the parties and

12


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

(a) Where death of an individual victim occurs, the amount of fifty
thousand pesos (Php 50,000.00) shall be granted to the legal heirs of
the victim as a death benefit.

(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 a referral to the DOH and DSWD for appropriate interventions
or services to include psychological intervention and rehabilitation.

(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.

SECTION 22. Role of the CHR. — The Commission on Human Rights shall
be designated as the institutional focal point for IDPs. As such, the
Commission shall have the following 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,
and work to ensure an effective response by the concerned
authorities.

(0) 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 1987
Philippine 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 Department of Justice or the Ombudsman,
by virtue of Executive Order No. 163, Series of 1987.

(d) To cite any person in contempt for violations of the orders issued
by them in accordance with the Rules of Court.

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

13


() To advice the government on the rights of IDPs, formulate sound
national policy and legislation and to facilitate discussions to
effectively address situations of internal displacement.

(g) To undertake educational activities and training programs for State
authorities, including the AFP.

(h) To hold public information drives on the protection and rights of
IDPs, and foster IDP participation in the decision-making process
regarding issues that concern them.

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

SECTION 23. Joint Congressional Oversight Committee. — A Joint
Congressional Oversight Committee is hereby created, composed of the
Chairman of the Senate Committee on Justice and Human Rights and seven
(7) Senators designated by the Senate President, and the Chairman 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, designated by the Speaker of the House of Representatives:
Provided, That the seven (7) Members to be designated by each House of
Congress, four (4) shall represent the Majority and three (3) from the
Minority.

The Joint Congressional Oversight Committee shall also have the power to
inquire into, summon and investigate the orders of battle and watch lists, as
defined in this Act, as well as the legal and factual justifications for the
inclusion of specific persons and groups in orders of battle and watch lists.
In this regard, the Joint Congressional and Oversight Committee may issue
mandatory processes 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 orders of battle and watch lists.
For this purpose, the highest ranking officers and heads of offices shall be
charged with testifying before the Joint Congressional Oversight Committee
in relation to any inquiries on orders of battle and watch lists.

The invocation of national security as a defense may not prevent the Joint
Congressional Oversight Committee from inquiring into the factual and legal
bases for the existence of orders of battle and watch lists or the inclusion of
specific persons or groups in said orders of battle and watch lists. 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, public hearings will continue and appropriate recommendations
shall thereafter be made by the Committee.

SECTION 24. Monitoring of Compliance with this Act. — An inter-agency
coordinating committee shall be tasked to periodically monitor the

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compliance with this Act. The Committee shall be headed by the
Chairperson of the Commission. Members of the group shall be composed
of:

(a) A representative from the DOJ, with the rank of Undersecretary;
(b) A representative of the DSWD, with the rank of Undersecretary;
(c) A representative from the DOH, with the rank of Undersecretary;

(d) A representative from the Department of National Defense (DND),
with the rank of Undersecretary;

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

( A representative from the Office of Civil Defense or the NDRRMCC;

(@) A representative of human rights non-governmental organizations
and other human rights groups, nominated by a selection board
composed of human rights groups and non-governmental
organizations;

(h) The Chairperson of the Committee on Justice and Human Rights of
the Senate; and

(i) 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 policymaking regarding the
issues affecting IDPs.

The Committee shall likewise prioritize the releasing 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.

SECTION 25. 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 DND and the DILG. Thereafter,
such sums as may be necessary for the continued implementation of this
Act shall be included in the General Appropriations Act.

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SECTION 26. Implementing Rules and Regulations. - The CHR shall
issue the necessary rules and regulations to implement the provisions of
this Act within sixty (60) days from its effectivity.

In the formulation of the rules and regulations, the CHR shall take the lead
and coordinate with the DOJ, DSWD, DOH, DND, DILG, NDRRMCC,
Department of Environment and Natural Resources (DENR), National
Commission on Indigenous Peoples (NCIP), Presidential Commission on the
Urban Poor (PCUP), Housing and Urban Development Coordinating Council
(HUDCC), National Housing Authority (NHA), National Commission on
Muslim Filipinos (NCMF) and consult with the local government units
concerned, human rights non-governmental organizations and people’s
organizations.

SECTION 27. Separability Clause. — If any part, section or provision of
this Act is held invalid or unconstitutional, other provisions not affected
thereby shall remain in full force and effect.

SECTION 28. Repealing Clause. - All laws, decrees, orders, rules and
regulations or other issuances, which are inconsistent with the provisions of
this Act, particularly those in the Philippine Disaster Risk Reduction and
Management Act of 2010 (R.A. No. 10121), Indigenous People’s Rights Act of
1997 (R.A. No. 8371), Executive Order No. 163 series of 1987, and the Tariff
and Customs Code of the Philippines, as amended, are hereby repealed,
amended or modified accordingly.

SECTION 29. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,

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