Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

EIGHTEENTH (18) CONGRESS
First Regular Session

HOUSE BILL No._709

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

Efforts to pass this bill entitled, “An Act Protecting the Rights of Internally Displaced Persons,
Providing Penalties for Violations Thereof, and for Other Purposes,” have been duly exerted since the
15+ Congress. It was originally filed by Rep. Kaka Bag-ao and Rep. Walden Bello.

Several measures were then filed by Rep. Ibarra Gutierrez, Rep. Rene Relampagos, Rep. Rufus
Rodriguez, and Rep. Gas Tambunting in the 16+ Congress, including House Bill No. 714 which was
submitted by this representation. The bills were substituted by House Bill No. 4744, which was ratified
by both the House of Representatives and the Senate.

In the 17+ Congress, various bills with the same topic were submitted, including House Bill No.
714 authored by this representation. The bills were left under deliberation in the Committee on Human
Rights.

According to the Internal Displacement Monitoring Centre, there are a total of 301,000
internally displaced persons (IDPs) due to conflict and violence in 2018. High concentration is recorded
in the southern Mindanao region. From the same data, at least 3.8 million new displacements were listed
in our country due to disasters, considered to be the highest in the world in 2018.

The Philippines has a world record statistics of internally displaced persons. However, there is
a lack of existing law that protects Filipino IDPs as well as a system that would guarantee assistance
from the state.

This bill aims to address these concerns as the State has the mandate to “value the dignity of
every human person and guarantees full respect for human rights,” as stated by Section 11, Article II of
the 1987 Constitution. It is also just imperative for the Philippine Government to translate international
standards into national laws, and to institutionalize the protection of citizens, including IDPs.

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

Jepicl te


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS
First Regular Session

709
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


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(i) Apartheid refers to inhumane acts committed in the context of an institutionalized

regime of systematic oppression and domination by one (1) racial group o groups

and committed with the intention of maintaining that regime;

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(iii)

(iv)

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(vii)

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


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and/or organized violence, violations of human rights, implementation of
development projects, natural, human-induced and human-made hazards;

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

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

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

To address the risks involved in natural hazards and the 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.


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

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(b)

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(h)

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;

in situations of armed conflict, unless the safety and security of civilians are
involved or imperative military reasons so demand;

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

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

when used as a form of collective punishment;

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

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

jin cases where there is malice, bad faith, gross negligence or in any manner
‘causes willful violation of the rights granted under Section 9, paragraphs (a),
(©), (d), (€) 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.

‘All concerned authorities, groups and persons shall observe the following safeguards

against arbitrary internal displacement:


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(a)

(b)

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(d)

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

Jands 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) aspecific decision which shall be taken by the authority empowered by law
to order such measures;

(2) fall disclosure of information on the reasons and procedures for the
displacement and, when applicable, also on financial assistance and
relocation;

(3)

(4) authorities concerned shall endeavor to involve those affected, particularly

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

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
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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 intemal displacement and the fundamental safeguards for its
prevention shall not be suspended under any circumstance, including politial instability, threat

of war, state of war or other public emergencies.


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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 shal be afforded

to IDPs during and after their displacement, without discrimination of any kind, such as those

based on race, color, sex, language, religion or belief, political or other opinion, national, ethnic

or social origin, legal or social status, age, disability, property, birth or on any other similar

criteria:

(a)

(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 housing;

(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) unlawful confinement;

Q) 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:

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

starvation as a method of combat;

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;


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

(v)_ use of anti-personnel landmines;

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

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

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

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

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

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

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

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

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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;


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(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:
(j) to enjoy freedom of thought, conscience, religion or belief, opinion
and expression;
(ii) to seek freely opportunities for employment and to participate in
economic activities;
(iii) to associate freely and participate equally in community affairs;
(iv) to vote and participate in governmental and public affairs, including
the right to have access to the means necessary to exercise these rights;
and
(v) to communicate in a language they understand;
(3) IDPs have the right to:
(i) seek safety in another part of the country;
(ii) leave the country;
(ii
(iv) be protected against forcible return to resettlement in any place

seek asylum in another country; and

where their lives, safety, liberty and/or health would be at risk;
Recognition, Issuance and Replacement of Documents. — The authorities
concerned shall issue to the IDPs all documents necessary for the enjoyment
‘and exercise of their legal rights. In particular, these authorities shall facilitate
the issuance of new documents or the replacement of documents lost in the
course of displacement, without imposing unreasonable conditions and without
discrimination against men and women, who shall have equal rights to obtain
and to be issued the same in their own names;

Family Unity and Missing Persons. ~ (1) Members of internally displaced
families who wish to remain together shall be allowed to do so. Families that
are separated by displacement and whose personal liberty have been restricted
by internment or confinement in any evacuation center, facility, encampment or
other settlements should be reunited immediately, with appropriate measures
taken to expedite the reunion, particularly when children are involved;

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


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(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 needs;

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

(3) Special attention shall be paid to the health needs of women, including
access to comprehensive female health care services, to be provided whenever
feasible by female health care providers, as well as appropriate counseling and
other services for victims of sexual and other abuses;

(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


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(@ _ Property and Possessions. ~ The property and possessions of IDPs shall, in all
circumstances, be protected against the following acts:
(1) Pillage or looting;
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(3) Being used to shield military operations or objectives;
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(5) Being destroyed or appropriated as a form of collective punishment; and

Direct and indiscriminate attacks or other acts of violence;

Being made the object of reprisal;

(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 area/s.
As such, the military and law enforcement agencies conducting operations, the Department of
Social Welfare and Development (DSWD), the Department of Health (DOH), the local
government hospitals, the LGUs concerned and other appropriate government agencies shall
provide immediate relief and humanitarian assistance to IDPs, families and communities.

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

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

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


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

SEC. 12. Mechanisms for International Humanitarian Assistance. — International
humanitarian organizations, their local counterparts and other appropriate actors shall have the
right to offer their services, including humanitarian assistance, in support of the internally
displaced, These acts shall be considered done in good faith and not as unfriendly acts or
interference in the internal affairs of the government. Consent thereto shall not be arbitrarily
withheld, particularly when authorities concerned are unable or unwilling to provide the
required humanitarian assistance.

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

‘The importation and donation of food, clothing, medicine and equipment necessary for relief
and assistance of IDPs are hereby authorized in accordance with Section 105 of the Tariff and
Customs Code of the Philippines, as amended, as regards national internal revenue taxes and
import duties of national and local government agencies, and the prevailing provisions of the
General Appropriations Act (GAA).

SEC. 13. Penalties. — (a) The penalty of reclusion temporal in its minimum to medium
period shall be imposed upon any person or group of persons who commit the following:

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

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

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

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

(5

Those commanding officers of the military, police or other law
enforcement agencies or other authorities, for acts of arbitrary internal
displacement committed by forces under their effective command and
control, or effective authority and control as the case may be, as a result of


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their failure to exercise proper control over such forces, where the
commanding officers or authorities knew or, owing to the circumstances at
the time, should have known that the forces were committing or about to
commit such crimes, and failed to take all necessary and reasonable means
within their power to prevent or repress their commission, or to submit the
matter to competent authorities for investigation and prosecution; 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. 15. 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.


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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 as
a death benefit;

(b) Where physical, emotional and/or psychological injury is caused to an
individual victim, actual and compensatory damages, including moral, nominal,
exemplary and temperate damages resulting from such injury, shall be paid to
the victim. Upon a finding of such injury and distinct from the compensation
for actual, compensatory, moral, nominal and/or temperate damages, such
determination shall also include a referral to the DOH and 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


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Program of the Department of Justice (DOD) 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 rights
are respected, protected, and fulfilled in all phases of internal displacement;

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

(©) 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;

(f) 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;


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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 Congress, four (4)

shall represent the Majority and three (3) shall represent the Minority.

The Joint Congressional Oversight Committee shall also have the power to inquire into,

summon and investigate the Orders of Battle as defined underthis Act, and/or any document of

similar nature, as well as the legal and factual justifications for the inclusion of specific persons

and groups in said Orders of Battle or: similar documents. In this regard, the Joint Congressional

Oversight Committee may issue mandatory process directing the transmission of all such

documents relevant and necessary for the Committee to determine the validity of the inclusion

of specific persons or groups in the Orders of Battle or similar documents. For this purpose,

the highest ranking officers or heads. of offices shall be charged with testifying before the Joint

Congressional Oversight Committee in relation to any inquiries on the Orders of Battle or

similar documents.

The invocation of national security as a defense may not prevent the Joint

Congressional Oversight Committee from inquiring into the factual and/or legal bases for the

existence of an Order of Battle, or any similar document, or the inclusion of specific persons

or groups in said Orders of Battle or similar documents. Should there be a need to inquire into


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the factual basis for the invocation of national security, the Committee shall convene in an
executive session and hear the officials invoking it. Should the basis not be satisfactory to the
Committee, the public hearing/s will continue and appropriate recommendations shall
thereafter be made by the Committee.

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

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

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

(©) Arrepresentative, with the rank of Undersecretary, from the Department of the
Interior and Local Government (DILG);

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

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

(fA representative from the Office of Civil Defense/National Disaster Risk
Reduction and Management Council (NDRRMC);

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

(h) A representative of human rights nongovernmental organizations (NGOs) and
other human rights groups, nominated by a selection board composed of human
rights groups and NGOs;

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

@) The Chairperson of the Committee on Human Rights of the House of
Representatives; and

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

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

The Committee shall likewise prioritize the release of immediate financial assistance,

allotted by its component agencies, to those affected by arbitrary internal displacement.


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‘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.

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

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

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

Approved,