RECEIVED
30 JUN 2016

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

DATE:
——

REGISTRATION UNIT

SEVENTEENTH (17") CONGRES!
First Regular Session

HOUSE BILL no,_714”

Introduced by REP. JOSE CHRISTOPHER Y, BELMONTE

EXPLANATORY NOTE

The bill entitled, “An Act Protecting the Rights of Internally Displaced Persons,
Providing Penalties for Violations Thereof, and for Other Purposes,” was originally filed
during the 15th Congress by Rep. Kaka Bag-ao and Rep. Walden Bello. The bill was refiled
during the 16th Congress by Rep. Ibarra Gutierrez as House Bill No. 3146, Rep. Rene
Relampagos (House Bill No. 239); Rep. Rufus Rodriguez (House Bill No. 1332); and Rep,
Gus Tambunting (House Bill No. 3003) likewise filed separate proposed measures of the
same subject. These bills were later substituted by House Bill No. 4744 after deliberations in
the committee level. It later passed 3rd Reading and was transmitted to the Senate for
appropriate action.

Internally displaced persons (IDPs) are defined by the United Nations High
Commissioner for Refugees as “persons or groups of persons who have been forced to flee or
leave their homes or place 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.”' IDPs however are different from refugees and are not covered by current
international human rights instruments that the Philippines is a party to. The lack of an
existing law or system prevents IDPs from getting any form of protection or assistance from
the state.

Last 2014, the Internal Displacement Monitoring Centre (IDMC) reported almost 123,
800 internally displaced people due to ongoing armed conflicts involving rebel groups, crime
and violence, and clan-related violence.’ IDPs still remain largely concentrated in the
Mindanao region with ARMM being the heavily affected area.

Through the initiative of the United Nations High Commissioner for Refugees, the
UN Nations Guiding Principles on Internal Displacement were formulated to guide States,
intergovernmental organizations and various other groups on how to handle and protect IDPs.
Through these Guiding Principles, the United Nations High Commissioner for Refugees seek

1 http://www.unher-org/protection /idps/43ce 1cff2 /guiding-principles-internal-
displacement.htm!

2hetp://www.internal-displacement.org/south-and-south-east-
asia/philippines/2015//philippines-long-term-recovery-challenges-remain-in-the-wake-of-
massive-displacement

BILLS AND INDEX SERVICE

—4


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 hore or be given the benefit of resettlement.

As one of the original signatories of the Universal Declaration of Human Rights, it is
incumbent upon the government to take the initiative to institutionalize the protection of

zens, including the IDPs. Through the establishment of a mechanism of assistance and
protection for IDPs, the government reaffirms its commitment of protection of the human
rights of its citizens.

In view of the foregoing, the passage of this bill is earnestly sought.


10
uw
12
13
14
15
16
7
18

19
20
a
22
23
24
25
26

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

SIXTEENTH (17!) CONGRESS
First Regular Session.

HOUSE BILL NO.

Introduced by REP. JOSE CHRISTOPHER Y, BELMONTE

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:

(ii) Apartheid refers to inhumane acts committed in the context of an
institutionalized regime of systematic oppression and domination by one (1)


wovranewne

10
11
12
13
14
15
16
wv
18
19
20
a
2
23
24
25
26
2
28
29
30
31
32
33
34
35
36
37
38
39
40
a
42
43
44

(iv)

)

(vi)

(vii)

(viii)

(ix)

(x)

racial group or groups and committed with the intention of maintaining that
regime;

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;

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;
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;

Generalized and/or organized violence refers to the purposeful and systematic
use of terror and brutality to control individuals, groups and 3 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;

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;

Internally displaced person or group of persons (IDP) refers to any person ot
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 of 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; and

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



Cova nesuene

10
11
12
13
14
15
16
v7
18
19
20
a
22
23
24
25
26
27

28
29
30
31
32
33
34
35
36
37
38
39
40
a1
a2
43

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.

‘Vo address the risks involved in natural hazards and the overall 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, 9729, otherwise known as the
“Climate Change Act of 2009" and Republic Act No. 10121, otherwise known as the
“Philippine Disaster Risk Reduction and Management Act of 2010”.

SEC. 5. Primary Duty to Protect the IDPs. ~ National authorities have the primary
duty and responsibility to provide protection and humanitarian assistance to IDPs 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;

(c) when used as a form of collective punishment;

(f) in cases of clan wars, unless the safety and security of those civilians not
involved in'the conflict are endangered;

(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


waerausunn

10
1
12

13
14
15
16
7
18
19
20
a
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
a
42

causes willful violation of the rights granted under Section 9, paragraphs (a),
(©), (@), (e) and (f) of this Act.

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.

Alll concerned authorities, groups and persons shall observe the following safeguards
against arbitrary internal displacement:

(a)

(b)

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;

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;

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 Peoples’

Rights Act of 1997"; and

In situations other than during the emergency stages of armed conflicts and

hazards, the following guarantees shall be complied with:

(1) a specific decision which shall be taken by the authority empowered by
law to ofder 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


weVvanesune

10
a
12
13
4
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
a
42
43
44

(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 Afier Displacement. ~ Pursuant to the provisions of the
Bill of Rights under Article III 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 s

cial status, age, disability, property, birth or on any

other similar criteria:

(a)

(b)

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 housin

(3) appropriate clothing: and

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

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:

(i) murder;

(ii) hostage taking;

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

(iv) unlewful 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;



wavanesune

10
11

12

13
14
15
16
7
18
19
20
21
22
23
24
25
26
7
28
29
30
31
32
33
34
35
36
37
38
39
40
a

42
43
44

(ce)

(3) IDPs, whether or not their liberty has been restricted, shall be protected in
particular against
(i) 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 aid 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 noncompliance with recruitment shall be prohibited

in all circumstances;
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:
(i) to enjoy freedom of thought, conscience, religion or belief, opinion
and expression;
(ii) to seek freely opportuni
economic activities;
(iii) to associate freely and participate equally in community affairs;
(iv) to vote and participate in governmental and public afl
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:

s for employment and to participate in



10

2
123
14
15
16
ca
18
19
20
a
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
a
42
43

(d)

(e)

(f)

(i) seck safety in another part of the country;

(ii) leave the country;

(iii) seek asylum in another country; and

(iv) be protected against forcible return to resettlement in any pl

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
stricted

are separated by displacement and whose personal liberty have been re
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;

(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, PWDs and elderly persons, shall be entitled to
protection and assistance required by their condition and to treatment which
takes into account their special need:
(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



worvaneune

10
1
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31

32
33
34
35
36
37
38
39
40
a
42
43

feasible by female health care providers. as well as appropriate counseling and
other services for victims of sexual and other abuses;
(4) Special attention shall also be given to the prevention of contagious and
infectious diseases, including acquired immunodeficiency syndrome (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

(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 or 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 areas.
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 shall not be the objects of attack or other acts of violence.

All concetned 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


weyan

10

2
13
14
15
16
7

18
19
20
a
22
23
24
25
26
2
28
29
30
31
32
33
34
35
36
37
38
39
40
a1
42

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, inciuding 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
n 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

humanitari:

stance.

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. |
medium period shall be imposed upon any person or group of persons who commit the
following:

Penalties. ~ (a) The penalty of reclusion temporal in its minimum to

(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;

(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, of effective authority and control as the case may be, as a result
of their failure to exercise proper control over such forces, where the



10

12
13
14
15
16
7
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
a2
43

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; and
(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,

(©) 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 or instruments thereof, in order to prevent its discovery: and

(3) By harboring, concealing or assisting in the escape of the principal/s in
the act of arbitrary internal displacement

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, 18. Nonprescription. — 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 (P100,000.00) shall be granted to the legal heirs of the victim
asa death benefit;


34
35
36
a7
38
39
40
a
a2
43

(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 the
DSWD for appropriate interventions or services, to include psycho-social
intervention and rehabilitation; and

(©) 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
resettlement elsewhere of IDPs: Provided, That in no case shall financial assistance exceed
ten thousand pesos (P10,000.00) 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 IDPs under existing laws, rules and regulations.

SEC. 20. Nonmonetary 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 nonmonetary 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


10

12
13
14
15
16
7
18
19
20
a1
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
a7
38
39
40
a
42
43
44

(b)

(c)

wo
(g)

(h)

(k)

rights are respected, protected, and fulfilled in all phases of internal
displacement:

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;

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;

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;

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;

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 to facilitate discussions 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
foster their participation in the decision-making process regarding issues that
concern them; and

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 Congre

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 underthis Act, and/or any
document of similar nature, as well as the legal and factual justifications for the inclusion of


10

12
2B
14
15
16
Ww
18
19
20
21
22
23
24
25
26
7
28
29
30
31
32
33
34
35
36
37
38
39
40
a1
42

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 Batile, 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
the officials invoking it. Should the basis not be satisfactory to
will continue and appropriate recommendations shall

an executive session and hea
the Committee, the public heari

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 Unders
National Defense (DND);

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

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

(c) A representative, with the rank of Undersecretary, from the Department of
Justice;

(a) A representative from the Office of Civil Defense/National Disaster Risk
Reduction and Management Council (NDRRMC):

(g) A representative from the National Commission on Indigenous Peoples;

(h) A representative of human rights nongovernmental organizations (NGOs) and
other human tights 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;

(i) 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.

retary, from the Department of



wCaornueune

10
11
12
13
14
15
16

7
18
19
20
a
22
23
24
25
26
7
28
29

30
31
32
33
34
35
36
37

38
39
40
a

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 IDPs.

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 DND and the 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 the DSWD, the DND, the DILG, the DOH, the DOJ, the Department of
Environment and Natural Resources (DENR), the AFP, the Philippine National Police (PNP),
the Philippine Commission on Women (PCW), the Council for the Welfare of Children
(CWC), the National Commission on Indigenous Peoples (NCIP), the National Commission
on Disability Affairs (NCDA), the Presidential Commission on Urban Poor (PCUP), the
Housing and Urban Development Coordinating Council (HUDCC), the NDRRMC, the
National Housing Authority (NHA) and consult with the LGUs concerned, human rights
nongovernmental organizations and people’s organizations.

°. 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 or parts thereof which are
inconsistent with the provisions of this Act are hereby deemed repealed or modified
accordingly

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

ipproved.