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

NINETEENTH CONGRESS
‘Third Regular Session

House Bill No.” 11478

Introduced by AKBAYAN Representative Percival Cendafia

Prefatory Statement

In 2024, the United Nations Special Rapporteur on freedom of opinion and expression,
Irene Khan released a statement noting that many Filipinos critical of government
policies, including human rights defenders, social justice advocates, journalists,
students, trade unionists and others, are continued to be unfairly vilified as
‘communists’ ‘terrorists’ and ‘enemies of the state.”

These labels result in increased human rights risks—threats, intimidation, unlawful
surveillance, online and physical harassment, enforced disappearance, attacks and
even unlawfal killings. It creates a chilling effect suppressing freedom of expression,
legitimate activism, journalism, and criticism. It also affects the constitutional right of
people to peaceably assemble and petition the government for redress of grievances.
Ithas serious implications on the right to privacy and privileged communications.

Even the Administrative Order No. 35 (AO35) Mechanism which is mandated to
investigate extra judicial killings, enforced disappearances, torture, and other serious
violations are considered by human rights experts to be insufficient to investigate cases
of political violence.

This puts the lives, safety, and security of human rights advocates in peril. Thus, their
fundamental rights and freedoms must be defined and protected. In addition, state
obligations to protect human rights defenders must also be clearly outlined and
guaranteed.

‘There is no democracy when there is no right to dissent. There are no human rights
when the right to defend them is not protected. In this light, the passage of this bill is
earnestly sought.

‘ALY. CE]
AKBAYAN PARTYLIST



Sewrdsauar wre

1
12
13
14
15
16
17
18
19
20
21
22
23

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

NINETEENTH CONGRESS
Third Regular Session

House Bil No:__ 11478

Introduced by AKBAYAN Representative Percival Cendafia

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:

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) Ta 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;

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

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

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
Recognized Human Rights and Fundamental Freedoms (Declaration
on Human Rights Defenders);

b)

qd


eIAWEY Ne

9
10
1
12
13
14
15
16
17

18
19
20
21
22
23
24
25
26
21
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
4B
44
45
46
47
48
49
50

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

4, 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);

7. Convention on the Rights of the Child (CRC);

8. 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. Intemational 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.

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;
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 local, national, regional, and international
levels;
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;
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 limited to
any grouping of the Armed Forces of the Philippines, Philippine National
Police or other State security forces, including military or police force
multipliers;
Superior Officer refers to the government official who has direct
supervisory powers or control 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
3

db)

°)

d)

©)


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;

2) 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 governmental
authority or agency;

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
}) a legal or ether 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).

h)

CHAPTER II
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 of existing laws
and consistent with provisions of this Act, freezing, sequestration or seizure by any

4


1
2
3
4
5
6
7
8

9
10
ul
12
13
14
15
16
7
18
19
20
21
22
B
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
4B
44
45
6
47
48
49
50
51

bank or financial institution of the fund solicited from and released by the source is
hereby prohibited.

Sec. 8. Right to Solicit, 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;

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 Ian
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. Right 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.

Sec. 13. Right to Participate in Public Affair

(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;

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;

) To call the attention of any public authority to any action or omission by
any acter, 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 Sit Dut in this Chapter.

°)

°)

Sec. 14. Right to Peacefuul Assembly. ~

(1) Everyone, individually or in association with others, has the right ID 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 authority such as the Commission on
Human Rights and the Ombudsman;

To offer and provide professionally qualified legal 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.

b)

°)

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, an 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 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
his or her legitimate activity or work as a human rights defender.

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

Sec. 18. Freedom from intimidation or reprisal. —No person shalll 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. .

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 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 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

7


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) ahuman right defender;

b) an association of the human rights defender;

c) alegal 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;

4) a family member of the human rights defender;

e) 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 Right 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 II
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;

8


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

©) 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 rights defenders to defend and
promote human rights and fundamental freedoms; and

©) 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;

©) 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
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.

8)

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. 2B. 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 Dr 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.
9


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 ID 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) include 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 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.

10


Sec. 36. Obligation to Adopt Human Rights-Based Governance. ~ Public
authorities shall adapt the human rights-based approach to governance and
development, including counterinsurgency and anti-terror programs and policies.

Sec. 37. Obligation to Strengthen Protection Program. — The Commission on
Human Rights shall 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.

Sec. 38. Obligation to Respect the Principle of Non-refoulement. — No person
shall be forcibly retuned, 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
shall 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) shall 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 bane session.

ul


(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.

Sec. 42. Qualifications of the Committee Members. — The Members of the
Committee shall possess the following qualifications:

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

b) Known independence in making decisions and taking stances on issues and
concems 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.

d

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) Protect human rights defenders from intimidation and reprisals;

b) Ensure accountability for acts of intimidation and reprisal;

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

d) 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 mark of human rights defenders;

f) Consult regularly and mark 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;

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

8)

12


SecorudsHsen—

1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

45
46
47
48
49
50
51

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

j) 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;

k) Take 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

1) 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 personnel or the whole compliment 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 — A violation 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.

13


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.

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.

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.

4) 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.

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
transgender persons, queer, intersex, and asexual (LGBTQIA+) human
rights defenders and those working on women’s and LGBTQIA+ 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.

) 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.

°)

©)


Sowrdsneuns

i
12
13
14

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.

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 shalt remain and continue to be in full force and effect.

Sec. 54. 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. 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.

Approved,