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

TWENTIETH CONGRESS
First Regular Session

214

House Bill No.

Introduced by
KABATAAN Party-list Rep. RENEE LOUISE M. CO.
and ACT Teachers Party-list Rep. ANTONIO L. TINIO

AN ACT
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS OF HUMAN
RIGHTS DEFENDERS, DECLARING STATE RESPONSIBILITIES AND
INSTITUTING EFFECTIVE MECHANISMS FOR THE PROTECTION AND
PROMOTION OF THESE RIGHTS AND FREEDOMS,

EXPLANATORY NOTE

The 1987 Constitution of the Philippines, in its Declaration of Principles and State Policies,
affirms that “t]he State values the dignity of every human person and guarantees full respect
for human rights.” This domestic mandate is reinforced by the Philippines’ solemn
commitments as a signatory to the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights (ICCPR), and other cornerstone human rights treaties.
Furthermore, the global standard for protecting activists is enshrined in the UN Declaration
on Human Rights Defenders, recently strengthened by the “Declaration +25” which calls for
a safe and enabling environment, free from stigmatization and criminalization

Despite these obligations, the Philippines remains one of the most perilous countries in the
world for human rights defenders. A long and bloody history of state-perpetrated violence,
harassment, and vilification continues to plague those who courageously stand for the rights
of the people. This systematic assault on civil liberties is enabled by a deeply entrenched
culture of impunity, a reality consistently highlighted by the international community

‘As carly as 2008, the UN Special Rapporteur Philip Alsion identified a pattem of
extrajudicial killings directly linked to the military's counter-insurgency strategy. which
maliciously branded civil society organizations as “communist fronts.” This deadly practice
of “red-tagging” became state policy under programs like Oplan Bantay Laya, leading to the


murder of hundreds of activists, farmers, workers, and church people. The state, instead of
protecting its citizens, became their executioner.

This reign of terror has only intensified. The 2020 report of the UN High Commissioner for
Human Rights detailed the “systematic” and “pervasive” nature of red-tagging under the
Duterte administration, which led to killings, threats, and the severe curtailment of civic
space. The Human Rights Committee’s 2022 concluding observations on the Philippines
reiterated grave concerns over impunity, the repressive Counter-Terrorism Act, and the
continuing attacks on defenders.

The creation of the National Task Force to End Local Communist Armed Conflict (NTF-
ELCAC) under Executive Order No. 70 institutionalized this fascist campaign, weaponizing
the entire civilian bureaucracy for a whole-of-nation assault against the progressive
movement. Coupled with Memorandum Order No. 32, this architecture of state terror
unleashed a new wave of atrocities. In Negros, it paved the way for the Sagay Massacre and
the “Oplan Sauron” killings of 14 farmers. In Bicol, it led to the assassination of Karapatan
human rights workers Ryan Hubilla and Nelly Bagasala. Across the country, indigenous
peoples, environmental defenders, and land rights activists fighting the plunder of our natural
resources by foreign and corporate interests have been the primary targets, as noted by UN
Special Rapporteur Mary Lawlor, who warned that such public vilification is often a “final
warning” before a killing.

Politically detained mothers are separated from their infants, Icading to the tragic death of
Baby River Nacino. Elderly environmental defenders like 68-year-old Daisy Macanpanpan
are violently arrested on trumped-up charges. The democratic space is systematically being
constricted, with party-lists like Gabriela Women’s Party and Kabataan Party-list facing
harassment suits and activists like Anakpawis Partylist nominee Isabelo “Ka Buting”
Adviento being illegally detained to stifle political participation.

The total number of human rights defenders killed under the previous Duterte administration
reached a haunting two hundred and twenty two (222), emblematic of the administration's
blatant disregard to human rights. This includes peace consultants Randall Echanis and
Ericson Acosta, human rights activist Zara Alvarez, Lumad school teacher Chad Booc,
among many others.

This bill seeks to translate our constitutional and international obligations into a binding
domestic law, It is a direct response to the urgent and persistent calls from the Filipino people
and the international community to stop the attacks and dismantle the climate of impunity.

This proposed measure specifically aims to:

1, Define and guarantee the rights and fundamental freedoms of human rights defenders,
including the right to form organizations, to seek and disseminate information, to


develop and advocate for human rights, and to solicit resources, free from obstruction
and vilification.

2. Declare the unequivocal responsibility of the State to respect, protect, and promote
these rights, and to create a safe and enabling environment for the work of human
rights defenders.

3. Establish effective protection mechanisms and grant remedies for human rights
defenders who are at risk or have suffered harm.

4. Prohibit and penalize violations against human rights defenders, including malicious
labeling, fabrication of charges, and other forms of harassment and violence, thereby
holding state and non-state actors accountable for their crimes.

This bill is a refined and refiled version of Bayan Muna’s Human Rights Defenders*
Protection Bill first filed in the House of Representatives by Rep. Satur Ocumpo, Rep. Liza
Maza, and Rep. Crispin Beltran during the 14* Congress. The bill was also refiled in the 16"
Congress as House Bill 1472 by Representatives Neri. J. Colmenares, Carlos Isagani T.
Zarate, Luzviminda C. Ilagan, Emmi A. De Jesus, Antonio L. Tinio, Fernando Hicap and
Terry Ridon. In the 17* Congress, Rep. Carlos Zarate, Rep. Antonio L. Tinio, Rep. Emmi De
Jesus, Rep. France Castro, Rep. Arlene Brosas, and Rep. Sarah Elago refiled this bill as
House Bill 1617. It was filed by Representatives Carlos Zarate, Ferdinand Gaite, Eufemia
Cullamat, France Castro. Arlene Brosas, and Sarah Elago in the 18th Congress. Most
recently, this bill was refiled by Representatives Raoul Manuel, France Castro, and Arlene
Brosas in the 19th Congress.


For the foregoing reasons, the passage of this bill is sought.

A

=
<___Rep- ANTONIO L. TINIO

KABATAAN Party-List ACT Teachers Party-List


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

TWENTIETH CONGRESS
First Regular Session

House Bill No,_214

Introduced by
KABATAAN Party-list Rep. RENEE LOUISE M. CO
and ACT Teachers Party-list Rep. ANTONIO L. TINIO

AN ACT
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS OF HUMAN
RIGHTS DEFENDERS, DECLARING STATE RESPONSIBILITIES AND
INSTITUTING EFFECTIVE MECHANISMS FOR THE PROTECTION AND
PROMOTION OF THESE RIGHTS AND FREEDOMS

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SEC. 1. Short Title. - This Act shall be known as the Human Rights Defenders Protection
Act of 2022.

SEC. 2. Declaration of Policy. \t is hereby declared the policy of the State:

(1) To value the dignity of every human person and to recognize, respect, protect,
promote and fulfill the rights and fundamental freedoms of persons, individually
or in association with others, regardless of race, ethnicity, color, sexual orientation
and gender identity, language, religion, political or other opinion, national or
social origin, property, birth or other status;

(2) To give highest priority to the implementation of legislative enactments, exceutive
issuances and judicial decisions that guarantee respect, protection. promotion and
fulfillment of human rights and fundamental freedoms;

(3) To provide access to legal remedies and reparative measures including but not
limited to monetary compensation and psychosocial accompaniment and
rehabilitation to human rights violations victims;


(4) To fully and strictly adhere to the principles and standards on human rights and
fundamental freedoms set by the 1987 Philippine Constitution and international
human rights instruments, jus cogens principles, including but not limited to the:

a. Universal Declaration of Human Rights (UDHR);

b. Declaration on the Right and Responsibility of Individuals, Groups and Organs
of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms (Declaration on Human Rights Defenders);

¢. International Covenant on Civil and Political Rights (ICCPR);

4d. International Covenant on Economic, Social and Cultural Rights (ICESCR);

e. Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT);

f. Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW);

g. Convention on the Rights of the Child;

h, International Labor Organization Declaration on Fundamental Principles and
Rights at Work

i, International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families

j. International Convention for the Protection of All Persons from Enforced
Disappearance;

k. UN Declaration on the Rights of Indigenous Peoples;

1. UN Declaration on the Rights of Peasants and Other People Working in Rural

Areas; and

m. General Comments and Resolutions of the United Nations General Assembly
and Human Rights Council to existing provisions of aforementioned
international conventions.

SEC. 3. Construction in Favor of Human Rights Defenders. A\l provisions of this Act shall
be construed to achieve its objectives. All doubts in the implementation and interpretation of
these provisions shall be resolved in favor of the human rights defender.

SEC. 4. Definition of Terms, For the purposes of this Act, the following terms shall mean:

1.

Human Rights and Fundamental Freedoms. - refers to rights or entitlements
inherent in all human persons and freedoms recognized in or declared by international
and regional human rights instruments and customary international law and by
national laws that are consistent with the said instruments and law;

. Human Rights Defender refers to any person who, individually or in association with

others, acts or seeks to act to protect, promote or strive for the protection and
realization of human rights and fundamental freedoms, at the local, national, regional,
and international levels. Any bonafide member of a human rights organization shall
be considered to be a human rights defender. Defenders can be of any gender, of
varying ages, from all sorts of professional or other backgrounds. This includes
defenders who work on women’s rights or on gender issues, environmental and land
rights defenders, trade unionists and labor organizers and youth human rights
defenders. Human rights defenders are not only found within non-government
organizations and intergovernmental organizations but might also, in some instances,
be government officials, civil servants or members of the private sector;


3. Human Rights Organization refers to a group, organization or association in the
local, national, regional or international level, whether formal or informal, that strive
for the protection of human rights and fundamental freedoms;

4. Human rights violation is any act of commission or omission by State actors acting
under the orders of and/or with acquiescence of State actors, in violation of any
human rights of any individual, group or organization, registered or otherwise, from
which injury and damage to any individual, mental or physical, or property or
reputation or privacy of any individual or organization shall be occasioned;

5. Government Agency refers to any department, bureau, office or unit of the National
Government, or any of its branches and instrumentalities, or any political subdivision,
as well as any government-owned or controlled corporation, including its subsidiaries,
or other self-governing branch, commission or council of the Government. This shall
include the Armed Forces of the Philippines, Philippine National Police and their
force multipliers acting under the direct control and supervision of the said uniformed
personnel.

6. Superior Officer shall mean the next government official who has supervisory or
control powers over the head of the government agency to whom the subject head
reports and shall include but not limited to the: President, Department Secretaries,
Chief of Staff of the Armed Forces of the Philippines, the Commanding General or
Rear Admirals of any service in the Armed Forces of the Philippines or the Director
General of the Philippine National Police;

7. Intergovernmental Organization refers to an organization established through a
treaty or other instruments and mechanisms in pursuit of common issues, concerns
and interests;

8. Public Authority refers to any person or body performing a function of a public
nature that is conferred or imposed by or pursuant to law, by popular election or
appointment or delegated, contracted or procured by a governmental authority or
agency;

9. Intimidation or Reprisal means any form of violence, threat, retaliation, de facto or
de jure adverse discrimination, pressure, judicial harassment or any other arbitrary or
abusive action or threat related to a person's status, work or activity as a human rights
defender, including proposed, attempted, or imputed work or activity directed at the:
(i) human rights defender; (ii) the human rights defender’s associate (s); (iii) a legal or
other representative of the human rights defender appointed to conduct their affairs or
to otherwise act on their behalf: (iv) a family member or relative of the human rights
defender, including common-law spouses and relatives by virtue of said common-law
relationship; (v) a group, association, organization, community or network, whether
formal or informal, with which the human rights defender is associated; (vi) or the
home, property or possessions of the human rights defender or any of the other
persons or entities in items (ii) to (vi).

SEC. 5. Diligence Required. Any complaint or report of human rights violation shall be
dealt with and acted upon with extraordinary diligence by concerned government personnel.


Failure to dispense with the diligence required, within three days from reporting any violation
of this Act shall hold the government personnel criminally, civilly and administratively liable.

SEC. 6. Right to Promote and Protect Human Rights and Fundamental Freedoms.
Everyone has the right, individually and in association with others, to promote and to strive
for the protection and realization of human rights and fundamental freedoms at the local,
national, regional and international levels.

SEC. 7. Right to Form Groups, Associations and Organizations, Everyone, individually or
in association with others, has the right to form, join, or associate with and participate in
local, national, regional, or international organizations, whether tormal or informal and
whether registered or unregistered, for the purpose of promoting and striving for the
protection and realization of human rights and fundamental freedoms.

SEC. 8. Right to Solicit, Receive and Utilize Resources

(1) Everyone, individually or in association with others, has the right to solicit,
teceive and utilize resources, from domestic and international organizations,
including governmental, intergovernmental, philanthropic and private sources, for
the express purpose of promoting and striving for the protection and realization of
human rights and fundamental freedoms.

(2) In pursuance of the right in subsection (1), freezing. sequestration or seizure by
any bank or financial institution of the fund solicited from and released by the
source is hereby prohibited.

SEC. 9. Right to Seek, Receive and Disseminate Information.
(1) Everyone, individually or in association with others, has the right:

a. To know, seek, access, obtain, receive and hold information about all human
rights and fundamental freedoms, including information regarding how these
rights and freedoms are given effect in the legislative, judicial and administrative
systems;

b. To know, seek access, obtain, receive and hold such information from
business enterprises and other private actors as may be necessary for exercising or
protecting, or assisting to exercise or protect, human rights or fundamental
freedoms;

c. To freely publish, impart or disseminate to others views, information and
knowledge on all human rights and fundamental freedoms;

d. To study, discuss, form and hold opinions on the observance, both in law and
in practice, of all human rights and fundamental freedoms and, through these and
other means, to draw public attention to these matters:

(2) The right in subsection (1) may be exercised orally, in writing, in print, in the form
of art or through any other media, whether online or offline.


SEC. 10. Right to Develop and Advocate for Human Rights Ideas. Everyone, individually
or in association with others, has the right to develop and discuss new ideas and principles
which relate to human rights and fundamental freedoms, and to advocate their acceptance.

SEC. 11. Right to Communicate with Non-governmental, Governmental and
Intergovernmental Organizations. Everyone, individually and in association with others, has
the right to freely communicate with non-governmental, governmental and intergovernmental
organizations, including subsidiary bodies, mechanisms or experts with a mandate relevant to
human rights and fundamental freedoms, as well as with diplomatic representations.

SEC. 12. Right to Access, Communicate and Cooperate with International and Regional
Human Rights Bodies and Mechanisms. In accordance with applicable international
instruments and procedures, everyone, individually or in association with others, has the right
to unhindered access to and to communicate and cooperate with international and regional
human rights bodies and mechanisms, including treaty bodies and special procedures or
special rapporteurs.

SEC. 13. Right to Participate in Public Affairs.

(1) Everyone, individually or in association with others. has the right to participate
effectively in the conduct of public affairs, including participation on a non-
discriminatory basis in the government regarding human rights and fundamental
freedoms.

(2) The right in subsection (1) includes the right:

a. To submit to any public authority, or agency or organization concerned with
public affairs, criticism on or proposals for improving its functioning with respect
to human rights and fundamental freedoms;

b. To make recommendations to any public authority regarding legislative or
regulatory changes relating to human rights and fundamental freedoms;

c. To draw to the attention of any public authority any aspect of its work that may
hinder or impede the promotion, protection and realization of human rights and
fundamental freedoms;

d. To call the attention of any public authority to any action or omission by any
actor, private or public, that may involve or contribute to a violation of human
rights or fundamental freedoms; and

. To freely publish, impart or disseminate to others any information submitted to
any public authority in the exercise of the rights set out in this Chapter.

SEC. 14. Right to Peaceful Assembly.
(1) Everyone, individually or in association with others, has the right to meet or

assemble peacefully as well as to participate in peaceful activities concerning human
rights and fundamental freedoms, free from interference that is arbitrary or unlawful


by public authorities and private actors, at the local, national, regional or international
level.

(2) The right in subsection (1) includes the right to plan, organize, participate in and
disseminate information regarding peaceful activities concerning human rights and
fundamental freedoms, including demonstrations, protests, seminars and meetings,
whether conducted in a public or private place.

SEC. 15, Right to Represent and Advocate.

(1) Everyone, individually and in association with others, has the right to assist,
represent or act on behalf of another person, group, association, organization or
institution in relation to the promotion, protection and exercise of fundamental rights
and freedoms, including at the local, national, regional and international levels.

(2) The right in subsection (1) includes the right:

a. To complain about the policies and actions of public authorities with regard
to violations of human rights and fundamental freedoms, by petition or other
appropriate means, to domestic judicial, administrative or legislative
authorities or any other competent authority c.g. Commission on Human
Rights, the Ombudsman;

b. To offer and provide professionally qualified legal counsel or other relevant
legal or paralegal advice and assistance in defending human rights and
fundamental freedoms;

c. To attend public hearings, proceedings and trials so as to form an opinion on
their compliance with national law and human rights and fundamental
freedoms; and

d. To submit communications and information of the type referred to in
Section 10.

SEC. 16. Right to Freedom of Movement.

(1) Everyone lawfully within the territory, or subject to the jurisdiction, including the
power or effective control, of the Philippines shall, within its territory or place of
jurisdiction, have the right to liberty of movement and freedom to choose their
residence and the right to carry out their human rights activities in the entire territory
or place of jurisdiction.

(2) No one lawfully within the Philippine territory shall be expelled, by means of an
individual or a collective measure, from its territory wholly or partially on account of
their acts as a human rights defender.

(3) No one shall be deprived of the right to enter or leave the country on account of
their status, activities or work as a human rights defender

SEC. 17. Right to Privacy.


(1) Everyone, individually or in association with others, has the right to privacy.

(2) The right in subsection (1) includes the right of a human rights defender to protect
their privacy, including through encryption, and be free from intrusion and
interference that is arbitrary and unlawful in their family, home, places of work,
possessions and correspondence, both online and offline.

(3) “Intrusion and interference” under subsection (2) includes any form of
surveillance, recording, within the purview of Republic Act No. 4200, otherwise
known as “An Act to Prohibit and Penalize Wire Tapping and Other Related
Violations of the Privacy of Communication, and for Other Purposes”, search and
seizure in relation to their legitimate activity or work as a human rights defender

(4) The right to privacy extends to groups, organizations or associations. Any reported
act of surveillance against a human rights defender shall be dealt with and acted upon
with extraordinary diligence by concerned government personnel. Failure to act with
extraordinary diligence for the identification and/or designation, position or
assignment, if applicable, of the individual who is doing the act of surveillance within
three days from reporting thereof, shall make the concemed government personnel
criminally, civilly and administratively liable.

SEC. 18. Right to be Secure in Educational Institutions.

(1) No member of the PhilippineNational Police (PNP), Armed Forces of the
Philippines (AFP), or the Citizens’ Armed Forces Geographical Units (CAFGU) shall
enter the premises of and/or conduct police or military operations in any educational
institution without prior notification to, and free and informed consent by the student
council and school authorities.

(2) Detailed plan or design of proposed police or military operations shall be given by
the PNP, AFP, or CAFGU to the student council and school authorities for review.
The student council and school authorities shall have the right to deny permission and
to bar entry of members of the PNP, AFP, or CAFGU.

(3) No member of the PNP, AFP, or CAFGU shall interfere with peaceful protest
actions by student human rights defenders within educational institutions.

(4) No human rights defender who is a student, faculty, staff, or employee of an
educational institution shall be subjected to custodial investigation without prior
notification to the concerned student council and school authorities of the educational
institution.

(5) The service of search or arrest warrant on any human rights defender who is a
student, faculty, staff, or employee of an educational institution shall be done after
prior notification to the concerned student council and schoo! authorities of the
educational institution.

(6) The arrest or detention of any human rights defender who is a student, faculty,
staff, or employee of an education institution shall, by the fastest means of


communication, be reported immediately by the responsible head of the unit of the
PNP, AFP, or CAFGU effecting the arrest or detention to the concerned student
council and school authorities of the educational institution.

SEC. 19. Right Against Intimidation or Reprisal. - No person shall be subjected,
individually or in association with others, to any form of intimidation or reprisal on the
grounds of or in relation to their status, activities or work as a human rights defender.

Any reported act of threat and intimidation against a human rights defender, including
through mobile phone, land phone or the internet shall be dealt with and acted upon with
extraordinary diligence by the concerned government personnel. Failure to act with
extraordinary diligence for the identification and/or designation, position or assignment, if
applicable, of the individual who is the author of the threats and acts of intimidation within
three days from reporting thereof, shall make the concerned government personnel
criminally, civilly and administratively liable.

SEC. 20, Right Against Defamation, Stigmatization and Vilification. No person shall be
subject to any form of defamation, stigmatization, or other harassment, whether offline or
online, and whether by public authorities or private actors, in connection with their status,
activities or work as a human rights defender.

Any reported act of defamation, stigmatization, false labeling, name calling, false
accusation of any offense, or any other kind of vilification of a human rights defender shall
be dealt with and acted upon with extraordinary diligence by the concerned government
personnel. Failure to act with extraordinary diligence for the identification and/or
designation, position or assignment, if applicable, of the individual who is the author of the
defamation, stigmatization and vilification within three days from reporting thereof, shall
make the concerned government personnel criminally, civilly and administratively liable.

SEC. 21. Right to Exercise Cultural Rights and to Development of Personality. —

(1) Consistent with Article 18 (1) of the UN Declaration on Human Rights Defenders,
everyone, individually or in association with others, has the right to the unhindered
exercise of their cultural rights in their activities and work as a human rights defender
and to the free and full development of their personality,

(2) The right in Subsection (1) includes the right to challenge and change traditional
customs and practices that violate human rights and fundamental freedoms.

SEC. 22. Right to Effective Remedy and Full Reparation. —

(1) Everyone, individually or in association with others, has the right to an effective
remedy and full reparation, both monetary and nonmonetary, in the event of a
violation of the rights in this Chapter II or a breach of obligations under Chapter Ill of
this Act.

(2) Anyone whose rights have been violated or who has been adversely affected by a
breach of obligations has the right to obtain such effective remedy and full reparation
from the appropriate government agency or court of competent jurisdiction.


(3) Any of the following may file a complaint with the competent court or tribunal
relating to the violation of rights under a breach of obligations under Chapter ITI of
this Act:

a. A human rights defender;
b. An association of the human rights defender;

¢. A legal or other representative of the human rights defender appointed to
conduct the affairs of or to otherwise act on behalf of the human rights defender;

d. A family member of the human rights defender;

€. A group, association or organization with which the human rights defender is
associated; or

f. Any person acting in the public interest and consistently in pursuit of the
purposes of this Act.

SEC. 23. Right to establish a sanctuary to human rights victims and/or their families.
Everyone, individually and in association with others, has the right to establish sanctuaries
for any human rights violation victim and/or their immediate families.

SEC. 24. Limitation on the Rights of Human Rights Defenders. ~ In exercising their rights
in Chapter Il of this Act, a human rights defender, individually or in association with others,
shall be subject only to limitations that are prescribed by law, in accordance with
international human rights obligations and standards, are reasonable, necessary and
proportionate, and are solely for the purpose of securing due recognition of and respect for
the human rights and fundamental freedoms of others and meeting the reasonable
requirements of public order and general welfare in a democratic society.

SEC. 25. Obligation to Respect, Promote, Protect, and Fulfill the Rights of Human Rights
Defenders. - Public authorities shall take all necessary measures to ensure: (1) that the
human rights and fundamental freedoms in Chapter II of this Act are effectively guaranteed
and protected; (2) that all laws, policies and programs of government are consistent with the
rights in Chapter Il of this Act; and (3) that human rights defenders are able to undertake their
activities and work in a safe and enabling environment free from restriction.

SEC. 26. Obligation to Facilitate the Activities and Work of Human Rights Defenders. —
Public authorities shall take all necessary measures to facilitate and protect the exercise of the
rights in Chapter II of this Act, which measures include the obligation to:

(1) permit and facilitate access, in accordance with the law, to places where persons
are deprived of liberty;

(2) permit and facilitate access to places and to information required by human rights
defenders to exercise their rights under Chapter IJ of this Act in accordance with the
law:


(3) provide information about violations of human rights or fundamental freedoms
that may have been committed within the territory or subject to the jurisdiction,
including the power or effective control of the State;

(4) develop and implement policies and measures to promote, support and enhance the
capacity of human rights defenders to protect and promote human rights and
fundamental freedoms; and

(5) publicly recognize the role, function, and activities and work of human rights
defenders as legitimate and important.

SEC. 27. Obligation to Provide Free Access to Materials Relating to Human Rights and
Fundamental Freedoms. ~ Public authorities shall make freely available and accessible both
offline and online:

a. International human rights instruments;
b. The Constitution, national laws and regulations;

c. Research, studies, reports, data, archives and other information and materials
within the possession of public authorities that relate to human rights and
fundamental freedoms;

d. Government reports and information submitted to international human rights bodies
and mechanisms;

e., Reports and communications of intemational human rights bodies and mechanisms
involving the country’s compliance with international treaty obligations;

f. Documents and information related to the decisions or activities of the Commission
on Human Rights and other national authorities with competence in the field of
human rights and fundamental freedoms;

g. Documents and information relevant to and/or related to the reported human rights
violation. Failure to provide for the official copy the said documents and information
or general denial of its existence shall amount to an admission of the existence and
due execution thereof; and

h. All such other information as may be necessary to secure or enable the exercise of
any human right or fundamental freedom under Chapter I! or access to remedy for
violation of any such right.

SEC. 28. Obligation not to Disclose Confidential Sources. ~

(J) Public authorities shall not disclose or require disclosure of the identity of sources
used by human rights defenders.

(2) Notwithstanding Subsection (1), public authorities may disclose the identity of
sources used by human rights defenders if both the relevant source and the concerned
human rights defender give informed consent in writing to such disclosure or if so


required by an independent and impartial tribunal in accordance with international
standards.

SEC. 29. Obligation to Prevent and to Ensure Protection from Intimidation or Reprisal. —
Public authorities shall take all necessary measures to ensure the prevention of, and
protection from any intimidation or reprisal by any other public or private actor. These shall
include, but not limited to, protection measures established under pertinent laws.

SEC. 30. Obligation to Penalize Intimidation or Reprisal. — Any public authority or private
actor who is found guilty of committing intimidation or reprisal against a person on the
grounds of or in connection with their status, work, activities as a human rights defender,
shall be subject to penalties as herein provided, in addition to administrative and/or civil
sanctions which take into account the gravity of the offense upon the discretion of the court
or competent authority,

SEC. 31. Obligation to Refrain from Derogatory and Unfounded Labeling. — (1) Under no
circumstance shall public authorities engage in false, unfounded and derogatory labeling of
human rights defenders including but not limited to identifying them as “red”, “communist”,
“terrorist” or “enemies of the State”; (2) Public authorities shall immediately expunge or
rectify such labeling as part of the non-monetary reparation to victims referred to in Section
20 (2) of Chapter II and Section 32 of Chapter III of this Act.

SEC. 32. Obligation to Ensure Protection from Arbitrary or Unlawful Intrusion and
Interference. ~

(1) Public authorities shall take all necessary measures to ensure the protection of
human rights defenders from arbitrary or unlawful intrusion and interference in their
family, home, places of work, possessions and correspondence, both online and
offline.

(2) Intrusion and interference in subsection (1) includes any form of surveillance,
recording, search and seizure in relation to any person’s legitimate activity or work as
a human rights defender without their consent.

SEC. 33. Obligation not to Participate in Violating Human Rights and Fundamental
Freedoms. ~ All public authorities are mandated not to participate, by acts of commission or
omission, in violating human rights and fundamental freedoms. Subordinate employees have
the right and duty to refuse any order from their superiors to participate in acts that
contravene their duty to protect, uphold and promote human rights and fundamental
freedoms, and shall not be subject to any administrative sanctions as a consequence of such
refusal

SEC. 34, Obligation to Conduct Investigation. - Whenever there is reasonable ground 10
believe that a human rights defender has been killed, disappeared. tortured, ill-treated,
arbitrarily detained, threatened or subject to a violation of any of the rights in Chapter II of
this Act, whether by a public authority or private actor, the State must ensure that a prompt,
thorough, effective, independent and impartial investigation is conducted with extraordinary
diligence and is prosecuted under existing applicable laws, including but not limited to RA
9745, the Anti-Torture Act, RA 10353, the Anti-Enforced or Involuntary Disappearance Act,
and RA 7438, An Act Defining Certain Rights of Person Arrested, Detained or Under


Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating
Officers, and Providing Penalties for Violations Thereof. Presumption of regularity in the
performance of duty by the offending public authority shall not be invoked.

SEC. 35. Obligation to Ensure Effective Remedy and Full Reparation, — Public authorities
shall take all necessary measures to ensure that an effective remedy and full reparation are
available and provided for violations of the rights in Chapter I] and for breach of the
obligations in Chapter III of this Act.

SEC. 36. Obligation to Enforce and Institutionalize Command Responsibility. —
Government agencies shall enforce and institutionalize command responsibility and impose
sanctions against errant superior in both military and civilian agencies as provided under
existing laws and executive issuances.

SEC. 37. Obligation to Adopt Human Rights-based Governance. — Public authoritics shall
adopt the human rights based approach to governance and development including in counter-
insurgency and anti-terror programs and policies.

SEC. 38. Obligation to Strengthen Witness Protection Program. ~The Commission on
Human Rights shall strengthen its witness protection program and provide a safe place of
refuge for high risk human rights defenders, more particularly those who have filed formal
complaints against high ranking public authorities.

SEC. 39. Obligation to Respect the Principle of Non-refoulement, ~ No person shall be
forcibly returned, expelled or extradited to another State where there are substantial grounds
to believe that the human rights and fundamental freedoms of the person are in danger of
being violated.

SEC. 40. Obligation to Promote and Facilitate Human Rights Education. - All government
agencies shall promote, facilitate and adequately resource teaching, training and education
about human rights and fundamental freedoms to all persons within the country’s jurisdiction.
Teaching, training and education programs shall include information about this Act and the
important and legitimate work of human rights defenders.

SEC. 41. Penalties.

a. For violation of Sections 6 to 22 of this Act. The penalty of twelve (12) years and
one (1) day to fifteen (15) years of imprisonment and a fine of THREE HUNDRED
THOUSAND PESOS (Php 300, 000.00) without privilege of parole shall be imposed
upon any State actor who violates any of the rights of a human rights defender defined
in Sections 5 to 16 of this Act. Non-State actor/s acting upon orders of and/or with
acquiescence of State actors for the violation of any of the rights of a human rights
defender defined under these sections shall be deemed in conspiracy with the said
State actor/s.

b. For destroying, altering, or falsifying records and document, - The penalty of ten
(10) years and one (1) day to twelve years (12) of imprisonment and a fine of ONE
HUNDRED FIFTY THOUSAND PESOS (Php150,000.00) shall be imposed upon
any State actor who impede, obstruct, or influence any preliminary investigation,
administrative investigation and/or petition by altering, destroying, mutilating,


concealing, covering up, falsifying, or making any false entries in any record,
document, or specimen whereof, relative to any matter involving any human rights
defenders, defenders or organizations or activities. Non-State actor/s acting upon
orders of and/or with acquiescence of State actors for the destruction, alteration or
falsification of any record and document relevant to and/or related to any human
rights violation shall be deemed in conspiracy with the said State actor/s.

¢. For any other violations of this Act. ‘The penalty of eight (8) years and one (1) day
40 ten (10) years of imprisonment and a fine of ONE HUNDRED THOUSAND
PESOS (Php100,000.00) or shall be imposed upon any individual who violates any
other provisions of this Act.

SEC. 42. Violations of this Act as aggravating circumstances. - Any violation of any
provisions of this Act committed on the occasion of a commission of a crime defined in any
penal laws shall be considered an aggravating circumstance in the imposition of the penalty
in said crime.

SEC. 43. Creation and Composition of the Human Rights Defenders Protection
Committee, —

(1) There shall be an independent collegial body to be known as the Human Rights
Defenders Protection Committee composed of one Chairperson and six Members,
herein referred to as the Committee. The Chairperson shall be selected by the
Commissioners of the Commission on Human Rights from among themselves in an
en bane session. The six members shall be jointly nominated by two representatives
each of Karapatan Alliance Philippines (Karapatan), the National Union of Peoples’
Lawyers (NUPL), the National Council of Churches in the Philippines, Philippine
Alliance of Human Rights Advocates (PAHRA), Free Legal Assistance Group
(FLAG), and the National Secretariat for Social Action, Justice and Peace of the
Catholic Bishops Conference of the Philippines in a meeting called for this purpose.

(2) The aforementioned nominees shall be appointed by the Commission on Human
Rights in an en banc session.

(3) The composition of the Committee shall have a balanced gender representation on
the basis of the principles of equality and non-discrimination and adequate
representation of ethnic, cultural and minority groups.

(4) The Committee shall be attached to the Commission on Human Rights for
administrative and budgetary purposes only.

(5) The Committee shall organize itself within thirty (30) days from the completion of
the selection process of the Chairperson and Members of the Committee as herein
provided in Subsection (1), and shall thereafter organize its Secretariat

SEC. 44. Qualifications of the Committee Members. — The Members of the Committee shall
possess the following qualifications:

(1) Of high moral character, recognized probity, competence, and integrity;


(2) Of known independence in making decisions and taking stances on issues and
concerns pertaining to the protection and promotion of human rights and fundamental
freedoms;

(3) Must have a deep, thorough and enlightened knowledge and understanding of
human rights and fundamental freedoms and the role, work, and protection needs of
human rights defenders; and

(4) At least two (2) members including the Chairperson must be members of the
Philippine Bar who have been engaged in the practice of law for at least seven (7)
years.

SEC. 45. Term of Office. - The Chairperson and Members of the Committee shall be
designated once for a term of five (5) years only. Of those first designated. three Members
shall serve for five (5) years, two (2) Members for four (4) years, and the last two Members
shall hold office for three (3) years. Succeeding Chairpersons and Members shall be
designated for a term of not more than five (5) years. Designation to any vacancy shall be
only for the unexpired portion of the term of the predecessor.

SEC. 46. Functions of the Committee. - The Committee shall exercise the following
functions:

. Protect human rights defenders from intimidation and reprisals;

nv

Ensure accountability for acts of intimidation and reprisal;

e

. Facilitate and promote interagency and inter-department coordination to prevent,
protect from, investigate, and ensure accountability for acts of intimidation or
reprisal;

s

. Investigate on its own or on complaint by any party all forms of violations of human
rights and fundamental freedoms of human rights defenders;

v

Publicly acknowledge and promote the legitimate and important role, activities and
work of human rights defenders;

2

Consult regularly and work closely with human rights defenders in the
implementation of this Act;

2

Monitor existing and proposed legislation, assess their impact or potential impact on
the status, activities and work of human rights defenders, and propose amendments
and/or remedial measures or block their passage if the measures shall to a large
extent adversely affect the human rights defenders and their work and activities;

~

Prepare and submit reports and communications on the situation of human rights
defenders to relevant international and regional human rights bodies and
mechanisms;

2

. Monitor and carry out periodic reviews of the implementation of this Act, the first
of which shall be conducted one year after its effectivity;


10. Submit annual reports on the situation of human rights defenders and the status of
implementation of this Act to the Office of the President of the Senate and the
Office of the Speaker of the House of Representatives;

11. Make recommendations to relevant authorities on the appropriate measures to be
taken to promote a safe and enabling environment for human rights defenders,
mitigate and prevent the risks they face, and address the root causes of violations
against human defenders; and

12, Perform other relevant functions as may be necessary to attain the objectives of
this Act.

SEC. 47. Training and Vetting, — All persons involved in the Committee, including sccurity
and law enforcement officials, shall be appropriately vetted and shall receive training on
human rights and fundamental freedoms and the situation and protection needs of human
rights defenders prior to the commencement of the involvement, together with continuing
training designed to ensure full and effective implementation of the Act.

SEC. 48. Implementing Rules and Regulations.

(1) Within sixty (60) days from the effectivity of this Act, the Committee, together
with Karapatan, NUPL, NCCP, PAHRA, FLAG, and CBCP-NASSA in consultation
with other human rights organizations and individual human rights defenders of
known probity, shall jointly promulgate the Implementing Rules and Regulations
(IRR) for the effective implementation of this Act and shall ensure the full
dissemination of the Act and the IRR to the public.

(2) In implementing this Act and in formulating the corresponding rules and
regulations the following guiding principles shall be strictly adhered to:

a. Adherence to the rule of law is the ultimate safeguard against violations of
human rights and fundamental freedoms.

b. Empowerment of human rights defenders is enhanced by their active
participation in formulating, implementing, and evatuating protection programs
for human rights defenders.

c. Periodic assessments of risks, vulnerability or conflict help identify protection
needs of human rights defenders giving particular attention to those of women and
others’ who are at increased risks.

d. Keeping and maintaining confidentiality of the personal data collected on
human rights defenders and those referred to in Sec. 20 (3) upholds their right to
privacy and security of person.

€. Continuous training of the members of the Committee Secretariat on human
rights and fundamental freedoms, the root causes of their violations, and the work
and protection needs of human rights defenders help sustain their commitment to
the objectives of the Act.


f. Independent and effective operation of the Committee and its Secretariat
requires sustained adequate resources.

g. Transparent, aboveboard, and equitable resource allocation and disbursement
help ensure maximum protection to human rights defenders and their
constituencies particularly those of higher risks and vulnerabilities.

h. Risks and challenges faced by women and LGBTQ human rights defenders and
those working on women’s and LGBTQ rights and gender issues demand special
attention.

i. Risks and challenges faced by environmental and land rights defenders should
be taken into consideration.

j. Generating support from a strong, independent, and effective national human
rights institution and from the general public enhances and contributes to the
effective work of human rights defenders.

k. Open access to the United Nations and international human rights bodics
contributes to a safe and enabling environment for human rights defenders to work
in.

SEC. 49, Suppletory Applications. — The applicable provisions of the Revised Penal Code
shall have suppletory application insofar as they are consistent with the provisions of this
Act.

SEC. 50. Appropriations. ~ The amount of Fifteen Million Pesos (P15,000,000.00) is hereby
appropriated for the initial implementation of this Act. Subsequent funds necessary for the
continuing implementation of this Act shall be provided for in the annual General
Appropriations Act.

SEC. 51. Separability Clause. - If for any reason any part or provision of this Act is
declared unconstitutional or invalid, the other parts or provisions hereof which are not
affected thereby shall remain and continue to be in full force and effect.

SEC. 52. Repealing Clause. — All laws, decrees, executive orders, rules and regulations and
other issuances or parts thereof, inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 53. Effectivity Clause. — This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation or the Official Gazette,
which shall not be later than seven (7) days after the approval thereof.

Approved,