Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular S

12 December 2011

MEMORANDUM
FOR : ATTY. ARTEMIOA. ADASA, JR.

Deputy Secretary General for Operations
ATTENTION : ATTY. CESAR S. PAREJA

Executive Director, Plenary Affairs Bureau

MR. VICTORIANO C. CAOILE

Service Director, Bills and Index Services
FROM : ATTY. ARLENE DADA-ARNALDO

Deputy Secretary General for Committee Affairs

We are transmitting six (6) copies of the Committee Report submitted by the Committees on

Human Rights and Appropriations on House Bill No. _7C 2°? entitled:

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

For your consideration and appropriate action.

arrears DADA-ARNALDO

Deputy Secretary General for
Committee Affairs, -

Jr


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session

COMMITTEE REPORT NO.__£598
Submitged peby,,the Committees on Human Rights. and “Appropriations on
‘areont ere
5€27

RE: House Bill No.

Recommending its approval in substitution of House Bill Nos.48, 205, 2635 and 2982

Sponsors: Representatives Relampagos, Rodrigue, R., Rodriguez, M., Taftada III

Mr. Speaker:

The Committees on Human Rights and Appropriations, to which were referred the following
measures, to wit:

House Bill No. 48 introduced by Representatives Rufus B. Rodriguez and
Maximo B. Rodriguez, Jr., entitled:

“AN ACT IMPROVING PHILIPPINE COMMITMENT TO HUMAN
RIGHTS PROMOTION AND PROTECTION BY PROVIDING THE
NECESSARY MECHANISMS FOR THE PREVENTION OF THE
“OCCURRENCE AND PROTECTION FROM THE ADVERSE EFFECTS
OF INTERNAL DISPLACEMENT, AND FOR OTHER PURPOSES”

House Bill No. 205 introduced by Representative Lorenzo R. Tafiada III, entitled:

“AN ACT IMPROVING PHILIPPINE COMMITMENT TO HUMAN
RIGHTS PROMOTION AND PROTECTION BY PROVIDING THE
NECESSARY MECHANISMS FOR THE PREVENTION OF THE
OCCURRENCE AND PROTECTION FROM THE ADVERSE EFFECTS
OF INTERNAL DISPLACEMENT, AND FOR OTHER PURPOSE!

House Bill No. 2635 introduced by Representatives Walden F. Bello and Kaka J.
Bag-ao, entitled:


“AN ACT IMPROVING PHILIPPINE COMMITMENT TO HUMAN
RIGHTS PROMOTION AND PROTECTION BY PROVIDING THE
NECESSARY MECHANISMS FOR THE PREVENTION OF THE
“OCCURRENCE AND PROTECTION FROM THE ADVERSE EFFECTS
OF INTERNAL DISPLACEMENT, AND FOR OTHER PURPOSES”

House Bill No. 2982 introduced by Representative Joseph Victor G. Ejercito,
entitled:

“AN ACT IMPROVING

PINE COMMITMENT TO HUMAN
RIGHTS PROMOTION AND PROTECTION BY PROVIDING THE
NECESSARY MECHANISMS FOR THE PREVENTION OF THE
OCCURRENCE AND PROTECTION FROM THE ADVERSE EFFECTS
OF INTERNAL DISPLACEMENT, AND FOR OTHER PURPOSES”

5627

have considered the same and recommend the approval of the attached House Bill No.
entitled:

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

in substitution of House Bill Nos. 48, 205, 2635 and 2982, with Representatives Rufus B.
Rodriguez, Maximo B. Rodriguez, Jr., Lorenzo R. Tafiada III, Walden F. Bello, Kaka J. Bag-ao,
Joseph Victor G.. Ejercito, Emmeline Y. Aglipay and Rene L. Relampagos as authors thereof.

Respectfully submitted,

AMPAGOS

RENE af
Chairpe}son
Commitee on Human Rights



10

a

12

3

FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )

Second Regular Session

HOUSE OF REPRESENTATIVES,
HOUSEBILLNO.. _5€27

Introduced by Representatives Rufus B. Rodriguez, Maximo B. Rodriguez, Jr., , Lorenzo R. Tafiada
Ill, Walden F. Bello, Kaka J. Bag-ao, Joseph Victor G. Ejercito, Emmeline Y. Aglipay and Rene L.
__Relampuaos

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 the 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 of 2011”.

SEC. 2. Declaration of Principles and State Policies. Consistent with the principles
enshrined in the 1987 Constitution, the standards set by international humanitarian law and human
rights laws, international treaties and conventions adhered to by the Philippines, it is also hereby
declared a State policy to promote and protect the rights of internally displaced persons in situations
of armed conflict, generalized violence, violations of human rights, aggressive implementation of

development projects and other man-made disasters.

When armed conflict of a non-international character is inevitable, the State shall ensure the
promotion and protection of the 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 in the enjoyment of any

rights and freedoms on the ground that they are internally-displaced.


20

nn

12

13

4

15

16

v7

18

1g

20

21

22

23

24

25

26

“SEC. 3. Definition of Terms. — The following terms, as detined accordingly, shall be used

in this Act:

a)

b)

¢)

d)

“Internal displacement” refers to the involuntary movement or forced evacuation ot
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 and other man-made disasters.
“Arbitrary internal displacement” refers to acts 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

“Internally Displaced Person” hereinafter described as an IDP, refers to any

individual who has suffered harm as a direct result of internal

placement, whether
arbitrary or not, as defined herein.

“Order of Battle/ Watchlist” refers to a document or any organizational tool used by
the military or law enforcement agencies, that, among others, lists persons or
organizations perceived as being hostile to the people and the State.

“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.

“Ethnic cleansing” refers to the act of rendering an area ethnically homogenous by

ing force or intimidation to remove from a given area persons of another ethnic or


10

wu

12

B

14

15

16

v

18

19

20

21

22

23

24

25

religious group.
g) “Tribal/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,

SEC.4. Scope. — This Act shall primarily provide for the protection of rights of IDPs during
and after displacement, as well as their resettlement, relocation and re-integration. 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 violence, violations of human rights, aggressive

implementation of development projects and other man-made disasters, to the exclusion of internal

displacement resulting from natural disasters.

“SEC. 5, Prevention of Arbitrary Internal Displacement. State authorities, including local
government units, 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 the arbitrary internal displacement of persons.

SEC. 6. Prohibited Acts of Arbitrary Internal Displacement. — The prohil

arbitrary internal displacement shall include those committed:

a) based on policies of apartheid, “ethnic cleansing” or similar practices aimed avor
resulting in altering the ethnic, religious or racial composition of the affected
population;

'b) in situations of armed conflict, unless the security of the civilians is involved;

©) in cases of large-scale development projects, including land conversion and any
other land conflict, which are not justified by compelling and overriding public
interest;

d) in cases of man-made disasters, unless the safety and health of those affected require

w


10

n

2

3

14

15

16

wv

18

19

20

21

2

2B

24

25

their evacuation;
©) used as a form of collective punishment;

1) in cases of tribalclan wars, unless the security of those ci

jans not involved in the
conflict is endangered; and
g) in violation of the rights of IDPs during displacement under Section 9 of this Act.
An Order of Battle/Watehlist issued by the military or any law enforcement agency of the
government shall not justify arbitrary intemal displacement and shall subject the perpetrators to the

penalties provided under Section 13 of this Act.

SEC. 7. Protection from Arbitrary Internal Displacement. A\\ authorities, including the
local government units (LGUs) concerned, groups and persons, irrespective of their legal status and
applied without any adverse distinction, shall protect its citizens against being arbitrarily displaced

from their homes or places of habitual residence.

Displacement shall not be carried out in a manner that violates the rights to life, liberty,
dignity and security of those affected. Any displacement not included in Section 6 of this Act shall
not last longer than what is required by the circumstances as determined by the Commission on

Human Rights (CHR).

In addition, the following safeguards against arbitrary internal displacement shall be

observed by all concerned authorities, groups and persons:

a) All feasible alternatives shall be explored in order to avoid displacement. Where no

: alternatives exist, all measures shall be undertaken to minimize displacement and its
adverse effects on the population that will be affected:

b) If displacement is inevitable, the authorities shall ensure, to the greatest practicable

extent, that proper accommodation is effected in satisfactory conditi

ns of safety,
nutrition, water and sanitation, health and hygiene, and that members of the same

family, especially women and children, are not separated:

4


10

cu

12

13

14

15

16

7

18

19

20

21

22

23

24

25

26

©) Indigenous peoples, minorities, peasants, pastoralists and other groups with special
dependency on and attachment to their lands shall be protected from arbitrary
internal displacement;

4) _In situations other than during the emergency stages of armed conflict and disaster,
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 compensation and relocation;

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

4) authorities concemed 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 the review of such deci

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 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, 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, disabilit

. property, birth or on any other similar criteria:


10

1

2

13

a

15

16

7

18

19

20

2

22

23

24

25

.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;

basic shelter and housing;

appropriate clothing; and

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. |. It shall be prohibited

to commit any of the following acts against IDPs in all circumstances:

a) Murder:

b) Hostage-taking:

©) Summary or arbitrary execution and enforced disappearance, including
abduction or unacknowledged detention, threatening or resulting in death;
and

4) 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, 11DPs shall be protected against:

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

b) starvation as a method of combat;

c) 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:

d) attacks against any evacuation center, facility, encampment or other


10

ut

2

13

14

is

16

v

18

19

20

a

22

23

24

25

settlements; and
) use of anti-personnel landmines.
3. IDPs, whether or not their liberty have been restricted, shall be protected in particular

against:

a) rape, mutilation, torture, cruel, inhuman or degrading treatment or

punishment, and other outrages upon personal di

y. such as acts of gender-
specific violence, forced prostitution and any form of indecent assault;
b) slavery or any contemporary form of slavery, such as sale into marriage,
sexual exploitation or forced labor of children; and
¢) acts of violence intended to spread terror among IDPs.
‘Threats and incitement to commit any of the foregoing acts under paragraph B, sub-

sections land 3 herein shall be prohibited.

4. IDPs shall not be interned in or confined in any evacuation center, facility,

encampment or other settlements. If

‘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 CHR.

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, inhuman or degrading practice that

compel comy

ce or punish non-compliance with recruitment shall be prohibited in all

circumstances.

C. Freedom of Movement. |. Every 1DP 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 the facility's existing rules

and regulations:


10

un

12

13

14

15

16

7

18

19

20

2a

22

23

24

25

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

expressios

b) to seek freely opportunities for employment and to participate in economic
activities:

©) to associate freely and participate equally in community affairs;

d) to vote and participate in governmental and public affairs, including the right to

have access to the means necessary to exe

e these rights; and
€) 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;

©) seek asylum in another country; and

d) be protected against forcible return 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 appropriate 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

posing unreasonable conditions and without discrimination against women and men, 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 internment or confinement in any


10

1

12

13

14

15

16

wv

18

19

20

a1

2

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 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;

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 the

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 IDPs

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;


10

a

12

2B

4

15

16

W

18

19

20

21

22

2B

24

3. Special attention should be paid to the health needs of women, including access to
female health care, providers and services, as well as appropriate counselling for victims

of sexual and other abuses;

4. Special attention should 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

should be made to ensure the full and equal participation of women and girls in
educational program, and that respect for their cultural identity, language and religion,
educational and training facilities shall be made available to them as soon as

circumstances permi

G. Property and Possessions. The property and possessions of IDPs shall, in all

circumstances, be protected against the following acts:

pillage;

2. direct or indiscriminate attacks or other acts of violence;

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 or international humanitarian law or

rights granted to persons under domestic law.

SEC. 10. Immediate Relief and Humanitarian Assistance to IDPs, The primary duty and

responsibility for providing humanitarian assistance to IDPs lie with national authorities. As such,


10

a

2

B

4

15

16

v7

18

19

20

21

22

23

the military and law enforcement agencies conducting operations, Department of Social Welfare
and Development (DSWD), Department of Health (DOH), local government hospitals, 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 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 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 compensation or

other forms of just reparation.

SEC.I1. Return, Resettlement and Re-Integration. Competent authorities, such as the
military and law enforcement agencies conducting operations, DSWD, DOH, local government
hospitals, LGUs concemed and other appropriate government agencies, 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 the full participation of IDPs in the planning and

management of their return, resettlement and re-integration,

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 in support of the internally displaced, These acts shall be considered in good

faith and not as unfriendly acts or interference in the internal affairs of the Government. Consent

Tt


10

an

12

13

14

15

16

v

18

19

20

21

22

23

2

25

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, and the prev

ing provisions of the General
Appropriations Act as regards national internal revenue taxes and import duties of national and

local government agencies

SEC. 13. Penalties. a) The penalty of reclusion temporal in its minimum to medium period

shall be imposed upon the following persons:

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

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 intemal displacement would not
have been carried out;

4) Those commanding officers, as well as all elements of the military, police and/or
other law enforcement agencies, who actually and/or directly participate in the
act of arbitrary internal displacement;

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

6) Those commanding officers of the military, police or other law enforcement

agencies or other authorities, for acts of arbitrary internal displacement

12


10

cE

12

13

14

15

16

7

18

19

20

2

2

23

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 the 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.

©) The penalty of prision mayor in its minimum period shall be imposed upon the persons
who, having knowledge of the act of arbitrary intemal 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 intemal 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 prineipal/s in the act of
arbitrary internal displacement, provided the accessory acts are done with the

abuse of the official’s public functions.

4d) The courts shall impose the corresponding accessory penalties under the Re’

“Code, especially where the offender is a public officer.


10

1

2

13

14

15

16

v7

18

1g

20

2

2

2B

24

“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. 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.16. Liability of Concerned Law Enforcement Agencies. Where the operations
conducted by the military, police and other law enforcement agencies cause damage to IDPs, they
shall provide jointly and severally the necessary financial assistance for the retum, resettlement or

re-integration of IDPs.

SEC.17. Compensation. The CHR shall determine the damages inflicted against IDPs and
direct the parties and 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
(PhpS0, 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; 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

ther, shall be paid to the
victim.
SEC. 18. 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 investigate, on its own or on complaint by any party, all forms of human rights

14


10

1

12

13

14

15

16

7

18

19

20

2a

22

23

24

25

b)

d)

e)

8)

hy

dD

shall be charged against the current year's appropi

violations against [DPs involving civil and political rights, in accordance with Section
18(1) of Article XIII of the 1987 Constitution;

To monitor conditions of IDPs to ensure that their rights are respected and protected in
all phases of internal displacement;

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

To determine the damages incurred against IDPs and facilitate award of compensation
for such victims by directing the parties and agencies responsible for the violations to
grant the same;

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

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

To advise the government on the rights of IDPs, formulate sound national policy and
legislation and create an inter-agency coordinating body whenever necessary, to
effectively address situations of internal displacement;

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

To hold public information drives on the protection and rights of IDPs; and

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

this Act.

v SEC.19. Appropriations. The amount necessary for the initial implementation of this Act

ions of the CHR, the DSWD, the Department

of National Defense (DND) and the Department of the Interior and Local Government (DILG).


10

it

2

3

14

15

16

v7

18

19

20

24

22

23

24

Thereafter, such sums as may be necessary for the continued implementation of this Act shall be

included in the General Appropriations Act.

SEC.20. 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) other 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: Provided, That of the

seven (7) Members to be designated by each House of Congress, four (4) should 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 as defined under this Act, as well as the legal and
factual justifications for the inclusion of specific persons and groups in said Orders of Battle, In
this re 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. 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.

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 the inclusion of specific persons or groups in said Orders of Battle. Should there
be a need to inguire 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.

16


10

sty

12

B

4

a5

16

wy

18

19

20

21

‘The Joint Congressional Oversight Committee shall be in existence for a period of five (5)
years and its secretariat shall come from the existing secretariat personnel of the Committee of the
Senate and House of Representatives comprising the oversight committee, Thereafter, its oversight
functions shall be exercised by the Senate Committee on Justice and Human Rights and the House

Committee on Human Rights, acting separately.

SEC.21. 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 DSWD, DND, DILG, DENR, DOH, National Commission on Indigenous Peoples (NCIP),
Presidential Commission on Urban Poor (PCUP), Housing and Urban Development Coordinating
Council (HUDCC), National Housing Authority (NHA) and consult with local government units

concerned, human rights nongovernmental organizations and people's organizations.

SEC.22. 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.23. Repealing Clause. All laws, decrees. exect

e orders, memorandum orders,
memorandum circulars, administrative orders, ordinances or any part thereof which are inconsistent

with the provisions of this Act are hereby deemed repealed or modified accordingly.

SEC.24. Effectivity. This Act shall take effect fifteen (15) days after its publication in at

Teast two (2) newspapers of national circulation,

Approved,