Republic of the Philippines
House of Representatives
Quezon City

NINETEENTH CONGRESS.
First Regular Session

77

House Bill No.

Introduced by Representative EDCEL C. LAGMAN

EXPLANATORY NOTE

The emergence of human rights defenders (HRDs) is both an indictment
and a symptom of the failure and neglect of the government to fully protect,
promote, and fulfill human rights. HRDs are surrogate defenders due to
government's default in its primary obligation as the official protector of
human rights.

The tragic plight of Filipino HRDs as a result of the relentless persecution
against them by the government shamefully aggravates the State’s culpable
non-compliance with the constitutional mandate that the “State values the
dignity of every human person and guarantees full respect for human rights.”

The global concern for human rights intensified after World War II to
foreclose repetition of the war's brutalities and atrocities. Consequently, on 10
December 1948, the United Nations General Assembly adopted the Universal
Declaration of Human Rights (UDHR). Despite such momentous declaration,
the UDHR lacked binding force. Thus, to give it enforceability and elaborate
on its provisions, a succession of instruments ensued creating legally binding
obligations on State Parties.

There are nine core international human rights instruments: Elimination
of All Forms of Racial Discrimination; International Covenant on Civil and
Political Rights; Covenant on Economic, Social and Cultural Rights; Convention
on the Elimination of All Forms of Discrimination Against Women; Convention
Against Torture; Rights of the Child; Protection of the Rights of All Migrant
Workers; Rights of Persons with Disabilities; and the Convention for the
Protection of All Persons from Enforced Disappearance.

The only one the Philippines has yet to sign is the Convention on
Enforced Disappearance because the Philippines’ accession has been
marooned in the Office of the President for over a decade now. Ironically, we
already have a domestic law complementing this Convention - the Anti-
Enforced or Involuntary Disappearance Act of 2012, the only one in Asia.

The Philippines also takes pride in having enacted landmark human
rights legislation such as Republic Act 9346 prohibiting the death penalty, RA
9745 or the Anti-Torture Act, the aforementioned RA 10353 penalizing

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enforced disappearance, and RA 10368 granting recognition and reparation to
martial law human rights violations victims.

Despite the international commitments and legal mechanisms at the
domestic level, violations of human rights and fundamental freedoms persist.
The common violations of the rights of human rights defenders (HRDs)
include: summary execution, torture, enforced disappearance; arbitrary arrest
and detention; death threats; vilification, intimidation and reprisal; false-
labeling and red-tagging; restrictions on freedoms of movement, speech,
association and assembly; malicious prosecution; and unjust conviction.

The role and protection of HRDs have become crucial to the promotion
and fulfillment of human rights. Accordingly, on 09 December 1998, the UN
General Assembly adopted the “Declaration on Human Rights Defenders”.
Subsequently, the appointment of UN special rapporteurs on the situation of
HRDs has been institutionalized, and a UN model national law on HRDs’
Protection crafted.

This bill defines an HRD as a 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 and welfare of the
people at the local, national, regional! and international levels.”

Among the HRD rights and freedoms this bill seeks to respect, protect
and promote are the:

Right to promote and protect human rights and fundamental freedoms;
Right to form groups, associations and organizations;

Right to peaceful assembly;

Right to seek, receive and disseminate information;

Right to privacy;

Right to develop and advocate human rights ideas;

Right to solicit, receive and utilize resources;

Right to access, communicate and cooperate with international and
regional human rights bodies and mechanisms;

+ Right to effective remedy and full reparation;

+ Freedom from intimidation and reprisal; and

+ Freedom of movement.

The corresponding duties and obligations of the State and public
authorities to protect HRDs include the:

+ Obligation to respect, promote, protect and fulfill the rights of HRDs;

+ Obligation not to participate in violating human rights and fundamental
freedoms;

+ Obligation to facilitate the activities and work of HRDs;

+ Obligation to prevent and to ensure protection from intimidation or
reprisal;

+ Obligation to penalize intimidation or reprisal;

« Obligation to refrain from derogatory and unfounded labeling;

* Obligation to ensure protection from arbitrary or unlawful intrusion or
interference;

* Obligation to conduct investigation, and to ensure effective remedy and

full reparation;
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+ Obligation to promote and facilitate human rights education; and
+ Obligation to adopt a human rights-based governance.

HRDs’‘ work embraces the gamut of human rights advocacy: articulation
of human rights from civil liberties to health, economic, and cultural rights;
training and education; formation of associations; peaceable assembly;
monitoring of violations; demands for investigation and accountability; ending
impunity; counseling and lawyering; lobbying for protective legislation;
coordinating with kindred domestic and international groups; and supporting
human rights-based governance and policy.

Since they are highly effective, they have been the targets and victims
of harassment, persecution, and even liquidation by government security
forces and non-state actors collaborating with state agents. The common
violations of HRDs’ human rights include summary executions; torture;
enforced disappearance; arbitrary arrest and detention; death threats;
harassment and defamation; reprisals; false labeling; restrictions on freedoms
of movement, expression, association and assembly; malicious prosecution;
and unjust conviction. All of these occur in the Philippines, including repressive
legislation, red-tagging of cause-oriented critics, and profiling of lawyers of
alleged “communist-terrorist” clients, all of which could have fatal
consequences.

In the Philippines, among the recent HRD victims of human rights
violations are:

« Peasant leader Randall Echanis who was summarily killed on 10
August 2020 in his Quezon City home.

* Social activist and educator Zara Alvarez who was assassinated on
17 August 2020 in Bacolod City.

* Detained youth leader Reina Mae Nasino, her lawyers, and family
who were harassed by police elements before and during the burial
of Nasino’s child on 16 October 2020.

« Nine Panay Tumandok tribal leaders who were slain in police and
military operations on 30 December 2020 due to their suspected
communist links.

* Dozens of /umad children, teachers, and tribal leaders who were
rounded up on 15 February 2021 in a police raid on an evacuee school
at the University of San Carlos for being alleged communist recruits.
Chad Booc, one of those arrested, is a petitioner against the Anti-
Terrorism Act (ATA).

* Village chief Julie Catamin, a key witness in the Tumandok slayings,
who was killed on 02 March 2021.

« Lawyer Angelo Karlo Guillen, pro bono lawyer of the Tumandoks, and
counsel against the ATA, who was repeatedly stabbed with a
screwdriver by unknown assailants in Iloilo City on 03 March 2021.

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* Nine non-combatant activists who were slain almost simultaneously
by police operatives on March 7, 2021 in Calabarzon, two days after
President Rodrigo Duterte ordered state forces to disregard human
rights and kill communist rebels.

In view of the unabated assault on HRDs aggravated by the growing
cuiture of impunity, it is imperative for the Philippine Government to enact a
law guaranteeing the protection of HRD rights and fundamental freedoms. The
law must also clearly specify the aforementioned obligations of the State and
public authorities to ensure the enjoyment of these rights and freedoms, and
impose appropriate sanctions to counter impunity.

This bill had been approved on third and final reading in both the 17th
and 18th Congresses and endorsed by Members of the European Parliament,
the ISHR, and the United Nations Special Rapporteur on the protection of
human rights defenders, among others. Its expeditious approval by the House
of Representatives early in the 19th Congress could hasten consideration and
passage of its counterpart in the Senate, and subsequently the long-awaited
enactment of the Human Rights Defenders Protection Law. The enactment and
full implementation of this law would create an enabling environment wherein
HRDs and public authorities could work together with mutual respect, trust
and support in upholding human rights and the rule of law.

The noble, courageous, and vigilant crusade of HRDs deserve the full
recognition and genuine respect from the government. Their rights must be
enshrined in law and the obligations of the State institutionalized by
legislation, The “Human Rights Defenders Protection Act” must be enacted
forthwith to protect the protectors.



Republic of the Philippines
House of Representatives
Quezon City

NINETEENTH CONGRESS
First Regular Session

77

House Bill No.

Introduced by Representative EDCEL C. LAGMAN

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 House of Representatives of the Philippines
in Congress assembled:

CHAPTER I
PRELIMINARY PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Human
Rights Defenders Protection Act.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of
the State:

a.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, politicat or other
opinion, national or social origin, property, birth or other status;

b.To give highest priority to the implementation of {egislative
enactments, executive issuances and judicial decisions that guarantee
respect, protection, promotion and fulfillment of human rights and
fundamental! freedoms;

c.To provide access to legal remedies and reparative measures
including monetary compensation and psychosocial complement and
rehabilitation to human rights violations victims;

d. To fully and strictly adhere to the principles and standards on human
rights and fundamental freedoms set by the Constitution and international
human rights instruments including the:

1. Universal Declaration of Human Rights (UDHR);
2. Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally

A,


Recognized Human Rights and Fundamental Freedoms (Declaration

on Human Rights Defenders);

International Covenant on Civil and Political Rights (ICCPR);

International Covenant on Economic, Social and Cultural Rights

(ICESCR);

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

6. Convention on the Elimination of all Forms of Discrimination against

Women (CEDAW);

Convention on the Rights of the Child (CRC);

International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families (CMW);

9. Convention on the Rights of Persons with Disabilities (CRPD);

10, International Convention for the Protection of All Persons from
Enforced Disappearance (CPED);

11. Declaration on the Rights of Indigenous Peoples; and

12. Other universal treaties, comments and resolutions.

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SEC. 3. Construction in Favor of Human Rights Defenders. ~ All
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. - As used in this Act:

a. Human Rights and Fundamental Freedoms refer 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;

b. 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 and
welfare of the people at the focal, national, regional, and international levels;

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

d. 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, to include but not be timited to any
grouping of the Armed Forces of the Philippines, Philippine Nationa! Police or
other State security forces, including military or police force multipliers.

e. Superior Officer refers to the government official who has direct
supervisory powers or controi 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 servi ee

CH 6



Armed Forces of the Philippines, or the Director General of the Philippine
National Police;

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

g. 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 delegation or contracted by a governmentai
authority or agency;

h.Intimidation or Reprisal refers to 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, including
cyber-attacks, hacking, defacement of websites, distributed denial-of- service
attacks and similar acts 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 the latter’s affairs or to otherwise act on his or
her behalf; (iv) a family member or relative of the human rights defender up
to the fourth degree of consanguinity or affinity, and includes common law
relations; (v) a group, association, organization, community or network,
whether formal or informal, registered or unregistered 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
(v).

CHAPTER IT
RIGHTS AND FREEDOMS OF HUMAN RIGHTS DEFENDERS

SEC. 5. 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. 6. 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 formal 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. 7. Right to Solicit, Receive and Utilize Resources - (1)
Everyone, individually or in association with others, has the right to solicit,
receive 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), subject to the provisions _—

2


of existing laws and consistent with provisions of this Act, freezing,
sequestration or seizure by any bank or financial institution of the fund
solicited from and released by the source is hereby prohibited.

SEC. 8. 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. 9. 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. 10. 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. 11. Rights Against Vilification. - A person, individually and in
association with others, has the right against any act of false labeling, red-
tagging, name-calling, or malicious and fabricated accusations against him or
her of any offense, or from any other kind of vilification.

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. oo

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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 referred to 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

e. 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 referred to 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 referred to 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

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authority such as the Commission on Human Rights and the
Ombudsman;

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

¢. 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 to authorities and bodies
referred to in Section 10.

SEC. 16. Right to Freedom of Movement. - (1) A person who is
lawfully within the territory, or subject to the jurisdiction of the Philippines
shall, within its territory or place of jurisdiction, have the right to liberty of
movement and freedom to choose his or her residence and shall have the right
to carry out lawful activities in the entire territory or place of jurisdiction.

(2) No one lawfully within the Philippine territory shall be expelled
therefrom, as an individual or as part of a group, wholly or partially, on
account of acts as a human rights defender.

(3) No one shall be deprived of the right to enter or leave the country
on account of one’s 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 referred to in subsection (1) includes the right of a human
rights defender to protect one’s privacy through lawful means, including
encryption of personal data, and be free from arbitrary and unlawful intrusion
and interference into one’s personal activities including those concerning one’s
family, livelihood and place of work, one’s correspondences and possessions,
including all digital data pertaining thereto.

(3) “Intrusion and interference” under subsection (2) includes any
orm 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 his or her legitimate activity or work as a
juman rights defender.

(4) The right to privacy extends to groups, organizations or
associations.

SEC. 18. Freedom from 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 his or her status,
activities or work as a human rights defender,

SEC. 19. Right to a Sanctuary. - Any person, individually or in
association with others, who has been subjected to any form of intimidation
or reprisal, has the right to a safe refuge or sanctuary.

10


Said sanctuary shall be considered established if that person gives
confidential notice to the Human Rights Defenders Protection Committee
created under this Act indicating that said place, building or area has been
constituted as a sanctuary.

SEC. 20. Freedom from Defamation and Stigmatization. - No
person shail 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 one’s status, activities or work as a human
rights defender.

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 cultural rights in one’s activities and work
as a human rights defender and to the free and full development of one’s
personality.

(2) The right referred to 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 Chapter II or a breach of obligations in
Chapter III of this Act.

(2) A person 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) A complaint with the competent court or tribunal relating to the
violation of rights under a breach of obligation under Chapter III of this Act
may be filed by the following:

a. a human rights defender;

b. an association of the human rights defender;

c. 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;

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

g. the Human Rights Defenders’ Protection Committee.

However, as much as possible, the consent of the victim must first be
obtained before a complaint is filed. In the absence of such consent, the



human rights organization or association may proceed with filing the complaint
or petition unless the lack or absence of consent is based on the threat to the
life, liberty or security of the victim or his or her family.

SEC. 23. Limitation on the Rights of Human Rights Defenders. -
In exercising the rights in Chapter II of this Act, a human rights defender,
individually or in association with others, shall be subject only to limitations
that are prescribed by law, and are reasonable, necessary and proportionate
in accordance with international human rights obligations and standards. Such
rights shall be exercised solely for the purpose of securing due recognition of
and respect for the human rights and fundamental freedoms of others and
should meet the reasonable requirements of public order and general welfare
in a democratic society.

CHAPTER III
OBLIGATIONS OF THE STATE AND PUBLIC AUTHORITIES

SEC. 24. 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 II of this Act; and (3) that human rights defenders are able
to freely undertake their activities and work in a safe and enabling
environment without restrictions.

SEC. 25. Obligation to Facilitate the Activities and Work of
Human Rights Defenders. - Public authorities shall take all necessary
measures in accordance with law to facilitate and protect the exercise of the
rights vested on human rights defenders under Chapter II of this Act, which
measures shall include the obligations to:

a. permit and facilitate access to places where persons are deprived
of liberty;

b. permit and facilitate access to places and to information required
by human rights defenders to exercise their rights;

c. provide information about violations of human rights or
fundamental freedoms that may have been committed within
Philippine territory or jurisdiction, including those committed by
agents of the State in the line of duty;

d. develop and enhance the capacity of human rights defenders to
defend and promote human rights and fundamental freedoms;
and

e. publicly recognize the role, functions and activities of human
rights defenders.

SEC.26. Obligation to Provide Free Access to Materials Relating
to Human Rights and Fundamental Freedoms. - Public authorities shall
make freely available and accessible to the public the following materials
online and through other modes and platforms of information dissemination:

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



c, Research, studies, reports, data, archived 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 international 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; and

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

SEC. 27. Obligation not to Disclose Confidential Sources. - Public
authorities shall not disclose or require disclosure of the identity of sources
used by human rights defenders unless 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. 28. 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 public or private actor against human rights defenders. These
shall include protection measures established under pertinent laws.

SEC. 29. 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 his or her
status, work, activities as a human rights defender, shall be penalized under
the appropriate provision/s of the Revised Penal Code, in addition to
administrative and/or civil sanctions that may be imposed considering the
gravity of the offense, upon the discretion of the court or competent authority.

SEC. 30. 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
identifying or tagging them as “reds”, “communists”, “terrorists”, 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 22
(2) of Chapter II and Section 34 of Chapter III of this Act.

SEC. 31. Obligation to Ensure Protection from Arbitrary or
Unlawful Intrusion and Interference. - (1) Public authorities shall take
extraordinary diligence to ensure the protection of human rights defenders
from arbitrary or unlawful intrusion and interference into one’s personal
activities including those concerning one’s family, livelihood and place of work,



one’s correspondences and possessions, including all digital data pertaining
thereto.

(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 his or her
consent.

SEC. 32. 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. 33. Obligation to Conduct Investigation. - Whenever there is
reasonable ground to believe that a human rights defender has disappeared,
been killed, 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 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.34, 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 II and for breach of the obligations in
Chapter III of this Act.

SEC. 35. Obligation to Enforce and Institutionalize Command
Responsibility. - Government agencies shail 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. 36. Obligation to Adopt Human Rights-Based Governance. -
Public authorities shall adopt the human rights-based approach to governance
and development, including counter-insurgency and anti-terror programs and
policies.

SEC. 37. Obligation to Strengthen Protection Program. - The
Commission on Human Rights shal! strengthen its protection program and
provide a safe place of refuge or sanctuary for high risk human rights
defenders and or their immediate families, more particularly those who have
filed formal complaints against high ranking public authorities.

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SEC. 38. 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. 39. Obligation to Promote and Facilitate Human Rights
Education. - All government agencies shall promote, facilitate and
adequately provide resources on teaching, training and education about
human rights and fundamental freedoms to all persons within the country’s
jurisdiction. Teaching, training and education programs shal! include
information about this Act and the important and legitimate work of human
rights defenders.

The Department of Education (DepEd) and the Commission on Higher
Education (CHED) shal! require human rights education as an obligatory
curriculum in all academic institutions, colleges and universities, public or
private.

SEC. 40. Diligence Required. - Any complaint or report for violation
of human rights and fundamental freedoms shall be dealt with and acted upon
with extraordinary diligence by concerned government personnel. Failure to
act within three (3) days from reporting any violation of this Act shall hold the
government personnel criminally, civilly and administratively liable.

CHAPTER IV
THE HUMAN RIGHTS DEFENDERS PROTECTION COMMITTEE

SEC. 41. 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, herein referred to as the Committee, that shall be composed of
one (1) Chairperson and six (6) Members. The Chairperson shall be selected
by the Commissioners of the Commission on Human Rights from among
themselves in an en banc session. The six (6) members shall be jointly
nominated by two (2) representatives each of the Philippine Alliance of Human
Rights Advocates (PAHRA), Karapatan Alliance for the Advancement of
People’s Rights (Karapatan), Free Legal Assistance Group (FLAG), and the
National Union of People’s Lawyers (NUPL) in a meeting called for this purpose,
without prejudice to the nominations of other human rights organizations who
have proven track records of probity and independence.

(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 (CHR) 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.

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SEC. 42. Qualifications of the Committee Members. - The Members
of the Committee shall possess the following qualifications:

i

2.

High moral character, recognized probity, competence, and
integrity;

Known independence in making decisions and taking stances on
issues and concerns pertaining to the protection and promotion of
human rights and fundamental freedoms;

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

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. 43. Term of Office. - The Chairperson and Members of the
Committee shall be designated once for a term five (5) years only, Of those
first designated, three (3) Members shall serve for five (5) years, two (2)
Members for four (4) years, and the last two (2) 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. 44. Functions of the Committee. - The Committee shall
exercise the following functions:

a.
b.
cf

Protect human rights defenders from intimidation and reprisals;
Ensure accountability for acts of intimidation and reprisal;

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

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

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

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

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;

Monitor and carry out periodic reviews of the implementation of this
Act, the first of which shall be conducted one (1) year after its
effectivity,

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; _—

i


k, 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

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

SEC. 45. Training and Vetting. - All persons involved in the work and
activities of the Committee, including security and law enforcement officials,
shall be appropriately vetted and shall receive training on human rights and
fundamental freedoms, the situation and protection needs of human rights
defenders prior to the commencement of the involvement, and continuing
training designed to ensure full and effective implementation of the Act.

CHAPTER V
PENALTIES

SEC. 46. Penalty for Violations of Sections 5 To 16 of this
Act. - The penalty of prision mayor in its maximum period to reclusion
temporal in its medium period without privilege of parole shall be imposed
upon any government personnel or the whole complement of a government
unit, the paramilitary personnel or the whole complement of the paramilitary
unit, the government asset (and/or the military affiliate) who violates any of
the rights of a human rights defender defined in sections 5 to 16 of this Act.

SEC. 47. Penalty for Destroying, Altering, or Falsifying
Records and Documents. ~ The penalty of prision mayor in its minimum to
its medium period or a fine of One hundred thousand pesos (Php100,000.00)
or both, at the discretion of the court, shall be imposed upon any government
personnel or the whole complement of a government unit, the paramilitary
personne! or the whole complement of the paramilitary unit, the government
asset (and/or the military affiliate) 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, or the activities of the
defenders’ organizations.

SEC. 48. Penalty for Any Other Violations of this Act. - The
penalty of prision mayor in its minimum period or a fine of One hundred
thousand pesos (Php 100, 000.00) or both, at the discretion of the court, shall
be imposed upon any individual who violates any other provisions of this Act.

SEC. 49. Violations of this Act as Aggravating Circumstances.
- Avviolation of any provision of this Act committed during the commission of
a crime defined in any penal law shall be considered an aggravating
circumstance in the imposition of the penalty on said crime.

SEC. 50. Non-Applicability of the Probation Law. - A violation
of any provision of this Act which shall constitute the main crime or as an
aggravating circumstance shall not entitle the offender or the accused to the
privileges of probation under the Probation Law.

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CHAPTER VI
FINAL PROVISIONS

SEC. 51. Implementing Rules and Regulations. - (1) Within sixty
(60) days from the effectivity of this Act, the Commission on Human Rights in
consultation with PAHRA, Karapatan, FLAG, and NUPL, and other human
rights organizations and individual human rights defenders of known probity,
shall 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 formulating the corresponding rules and regulations and in
implementing this Act, 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 evaluating
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.
22 (3) herein upholds their right to privacy and security of person.

e. 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 lesbians, gays, bisexuals
and transgenders (LGBT) human rights defenders and those
working on women’s and LGBT rights and gender issues demand
special attention.

i. 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.

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

SEC. 52. 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.

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SEC. 53. 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. 54. Repealing Clause. - All iaws, 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. 55. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette, or in a newspaper of general
circulation. mo

Approved, GF

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