13“’ CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES ) 
THIRD REGULAR SESSION 
1 
r
y
 
Introdnced by Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
Internally displaced persons (IDPs) arc described as those “pcrsons or groups of 
persons who have been forced or obliged to flce or to leave their homes or places of 
habitual residence, in particular as a result of or in order to avoid the effects of armed 
conflict, situations of generalized violencc, violations of human rights or natural or 
human-made disasters, and who have not crossed an internationally recognized State 
border. IDPs are differentiated from rcfugccs iii that the latter “flee across international 
frontiers with a well-founded fear of persecution based on racial, religious, national, 
social or political grounds.” Il)lJs do not mjoy adequdte protection and assistance 
compared to thcir counterparts who crosscd an internationally recognized border. They 
therefore experience suffcring, neglect and deprivation. 
The Philippines now ranks third aftcr Bunna aid lndoncsia as countries in 
Southeast Asia with the most number of internally displaced persons and among thc top 
forty (40) countries all ovcr thc world where internal displacement is coiisidercd as a 
significant phenomenon. According to the Department of Social Welfare and 
Devclopnient. as of the first scmcster of 2006. over 400,000 families are affected by 
inteiiial displacement caused by natural and manmade disastcrs, armed conflict and 
development aggression. Counterinsurgency operations and rclatcd military activities 
under the Government’s “war on terrorism” are identified as the leading causes of 
conflict-induced displacement in the country, cspccially in Mindanao, whcrc ethnic 
groups have been struggling for autonomy or independence for the last thirty (30) years. 
The United Nations Guiding Principles on Internal Displacement were forniulated 
to recognize and respect the rights of IDPs to be protected against enforced or involuntary 
displacement, at the instance of the United Nations Commission on Human Rights 
(UNCHR). The Philippines. having been one of the original signatories of the Universal 
Declaration or Hinnan Rights, does not have an existing government mechanism to 
prevent the occurrence of internal displacenient. Adwrse consequences of internal 
displacement are merely considered as collateral damages. 
The measure seeks to localize the guiding principles on internal displacement set 
forth by the United Nations. Through this proposal, the Government shall be able to 
establish a mechanism to support victims of internal displacement in armed conflict, to be 
able to ensure that the rights and lives of its citizens shall not be placed at risk. 
Thus, the immediate approval of this Bill is earnestly sought. 
&/c 
z-/ 
A 
lLINO Q. PIMENTEL, JR. 


i7 
y,cc 
~ 
r: . ,’ 
J ~,~.. 
.~, 
i 
, , 
13“’ CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES ) 
21,.:... 
.. ,:, /-.-~: J - ~ . . ,  
THIRD REGULAR SESSION 
1 
~ , ,  , ., 
SENATE 
SENATE RILL NO.2 5 4 8 
Introduced by Senator Aquilino Q. Pirnentel, Jr. 
AN ACT IMPROVING PI-IILIPPINE COMMITMENT TO 1.fIJMAN RIGJ’ITS 
PROMOTION AND PROTECTION BY PROVIIIING THE NECESSARY 
MECHANISMS POI< IYTE PR13VENTION OF TI-JE OCCURRENCE AND 
PROTEC1‘ION FROM T I E  ADVERSE EFFECl‘S OF INTERNAL 1)lSPIACEMENJ‘ 
AND FOR OTHER PURPOSES 
Re it enacted hv the Senate and House of Rewesentatives of the Philinaines in Conrress 
assembled 
SECTION 1. Sltort Title. This Act shall be known as the “Internal Displacement 
Act of2006.” 
SECTION 2. Declaration of Principles and State Policies. The prime duty of the 
Government is to serve and protect the people. It shall be the policy of the State, 
consistent with international laws, to safeguard the interests and security of citizens in 
distress in cases of internal displacement caused by armed conflict, situations or 
generalized violence, violation of human rights, demolitions. land conversions, 
enviroiunental destructions, aggressive implementation of development projects and 
other man-made disasters. 
SECTION 3. Defiiitions. For purposes of this Act, the following terms shall 
mean: 
1. “Internal Displacement” refers to the forced or obliged movement of person or 
group of persons to flee or leave their homes or places of habitual residence, 
without crossing an internationally recognized State border, as a result of or in 
order to avoid the effects of armed conflict, situations of generalized violence. 
violations of human rights or other natural or huinan made disasters; 
2. “Internally displaced person” refers to any individual who has suffered hmn as a 
direct result of ill1 internal displacement as defined above. 
SECTION 4. Prevenfion qf Internal Diyhcerneizt. ‘The Statc shall rcspcct and 
ensure for their obligations under international law, including hum‘an rights law and 
humanitarian law, so as to prcvcnt and avoid conditions that might lcad to displacement 
of persons. 
SECTION 5. Pernznnent Probibition of Internal Displacement. The prohibition 
of arbitrary or internal displacement and thc fundamental safeguards for its prevention 
shall not be suspended under any circunistances including political instability, threat of 
war, state of war or other public emergencies. 


SECTION 6. 
of Battle” Not Legal Ground for Arbitrary or Iitternnl 
Displacentent’~ An order of battle, official or otherwise, issued by the military, police or 
any law-enforcement agency of the government, shall not justify an arbitrary or internal 
displacement and shall sub,ject the perpetrators to the same corresponding penalties 
provided in this Act. 
SECTION 7. Proltibition Against/ Protection front Iitternal Displacement. The 
State shall protect its citizens from being internally displaced from hisher place of 
habitual residence. 
a. In consonance with this policy, the prohibition of arbitrary displacemeiit shall 
include: 
1. those based oii policies of apartheid, “ethnic cleansing” or similar 
practices aimed at/or resulting in altering the ethnic, religious or racial 
composition of the affected population; 
2. those in situations of armed conflicts, unless the security of the civilians 
involved or imperative military reasons so demand; 
3. those in cases of large-scale government development projects, which are 
not justified by compelling and overriding public interests; 
4. those used as a collective punishment. 
Ilowever, dispkdcement not included ill the preceding prohibitions shall 
not last longer than what is required by the circumstances. 
b. Prior to any decision requiring thc displacement of persons, the authorities 
concenicd shall ensure that all feasible alternatives are explored in order to avoid 
displacement. Where no alternatives exist, all measures shall be undertaken to 
minimize displacement and its adverse effects on the population that will be 
affected. 
c. If displacement is inevitable, the authorities undertaking such displacement shall 
ensure, to tlic greatest practicable extent. that proper accommodation is provided 
to the displaced persons, that such displacements are effected in satisfactory 
conditions of safety, nutrition, health and hygiene, and that members of the same 
family arc not separated. Indigenous peoples. minorities, peasants, pastoralists 
and other groups with a special dependency on and attachment to their lands shall 
be protected from displacement. 
d. Dispkdcement shall not be carried out in a manner that violates the rights to life, 
dignity, liberty and security of those xffected. 
e. If displacement occurs in situations other thaii during the emergency stages of 
armed conflicts and disasters, thc following guarantees shall he complied with: 
I. a specific decision shall be taken by the authority empowered by law to 
order such nicasures; 
2. adequate nicasurcs shall be taken to guarantee to those to bc displaced full 
information on the reasons and procedures for their displacement and, 
where applicable, on compensation and relocation; 
3. the free and informed consent of those to be displaced shall be sought; 
4. the authorities concerned shall endeavor to involve those affected, 
particularly women. in the planning and management of their relocation; 
5. law enforcement ineasures, where required, shall be carried out by 
competent legal authorities; and, 
6. the right to an effective rcmedy. including the review of such decision by 
appropriate judicial or quasi-judicial authorities, shall be respected. 
C Displacement shall not be carried out in a manner that violates the rights to life, 
dignity, liberty and security of those affected. 


SECTION 8. Protection During Displncement. The following rights shall be 
afforded internally displaced persons during the period of their displacement: 
(a) 
Internally displaced persons shall be protected against genocide, murder, 
summary or arbitrary executions and enforced disappearances, including abduction or 
unacknowledged detention, threatening or resulting in death. Threats and incitement to 
commit the foregoing acts shall be prohibited; 
(b) 
Attacks or other acts of violence against internally displaced persons shall 
be prohibited in all circumstances. In particular, internally displaced persons shall be 
protected against: 
1. direct or indiscriminate attacks or other acts of violence, including the 
crcatioii of areas wherein attacks on civilians are permitted, 
2. starvation as a method of combat and othcr forms of deprivation of basic 
necessities, 
3. use of internally displaced persons to shield military objectives from 
attack or to shield, favor or impede military operations, 
4. attacks against the camps or settlements of internally displaced persons 
5. the use of anti-personnel landmincs; 
and, 
(c) 
Internally displaced persons, whether or not their liberty has been 
restricted, shall he protected against: 
1. Rape, mutilation. torture, crucl. inhuman or dcgrading treatment or 
punishmcnt and other outrages upon personal dignity, such as acts of 
gcnder- specific violence. forced prostitution and any form of indecent 
assault, 
2. Slavery or any contemporary form of slavery, such as sale into marriage, 
sexual exploitation, or forced labor of children and, 
3. Acts of violence intended to spread terror among internally displaced 
persons; 
Threats and incitement to commit any o f  the acts provided in paragraphs (a), (b) 
and (c) shall be prohibited; 
(d) 
Inlemally displaced persons shall not be interned in or confined to a camp. 
If in exceptional circumstances, such internment or confinement is necessary, it shall not 
last longer than required by the circumstances; 
(e) 
They shall he protected from discriminatory arrest and detention as a 
result of their displacement. In no case shall they be taken hostage; 
(f) 
In no circumstances shall internally displaced children be recruited noT be 
required to take past in hostilities: 
(g) 
Internally displaced pcrsons shall be protected against discriminatory 
practices of recruitment into any armed forces or groups. Any cruel, inhuman or 
degrading practices that compel compliance or punish non-compliance with recruitment 
shall be prohibited in all circumstances; 
(11) 
Every internally displaced person has the right to liberty of movement and 
fiecdom to choose hisher residcnce. In particular, he/she has the right to mow in freely 
in aid out ofcamps or other scttlcmcnts; 


(i) 
Internally displaced persons have the right to: 
1. 
leave the country, 
2. 
3. 
seek asylum in another country and, 
be protected against forcible return to resettlement in any place 
where their life, safety, liberty and/or health would be at risk; 
(i) 
The State shall endeavor to establish the fate and whereabouts of 
internally displaced persons reported missing. and cooperate with relevant international 
organizations engaged in this task. They shall iiiforni the next of kin on the progress of 
the investigation and notify them of any result; 
(k) 
The State shall cndcavor to collect and identify the mortal remains of 
those deceased, prevent their despoliation or mutilation, and facilitate the return of those 
remains to the next of kin or dispose of them respectfully; 
(I) 
Grave sites of inteiiially displaced persons shall be protected and respected 
in all circumstances. Internally displaced persons shall have the right of access to the 
grave sites of their deceased relatives; 
(m) 
Members of internally displaced familics wlio wish to remain together 
shall bc allowed to do so. Families separated by displacement shall be reunited as quickly 
as possible. All appropriate nicasures shall bc taken to expedite the reunion of such 
familics, particularly whcn children are involved. 'The State shall encourage the 
coopcration of international and local hunianitarian organizations engaged in the task of 
family reunification; 
(n) 
Members of internally displaced families whose personal liberty has been 
restricted by internment or confinement in camps shall have the right to remain together; 
(0) 
At the minimum, regardless of the circumstances, and without 
discrimination, the State shall provide internally displaced persons with and ensure safe 
access to: 
1. essential food and potable water, 
2. basic shelter and housing, 
3. appropriate clothing and, 
4. essential medical services and sanitation; 
(p) 
Disabled, wounded and sick internally displaced persons shall receive, to 
thc fnllest extent practicable and with the least possible delay, medical care and attention 
they require. When necessarp. internally displaced persons shall have access to 
psychological and social services; 
(q) 
Health needs of women shall be given special attention, including access 
to rcproductive health care as well as appropriate counseling for victims of sexual and 
other abuses. 
(r) 
Special attention should also be given to the prevention of contagious and 
infectious diseases, including AIDS. among internally displaced persons. 
(s) 
The State shall issue lo internally displaced persons all documents 
necessary for the enjoyment and exercise of their legal rights without imposing 
umeasonable conditions. 


(t) 
Wonien and men shall have equal rights to obtain such necessary 
documents and shall have the right to have such documentation issued in their own 
names. 
(11) 
Internally displaced persons, whether or not they are living in camps, 
shall not be discriminated against as a result of their displacement in the enjoyment ofthe 
following rights to: 
1. freedom of thought, conscience, religion, opinion and expression; 
2. seek opportunities for employment and to participate in economic 
activities without restrictions; 
3. associate fieely and participate equally in community affairs; 
4. vote and to participate in governmental and public affairs and, 
5. communicate in a language they understand. 
The property and possessions of internally displaced persons shall in all 
(v) 
circumstances be protected against the following acts: 
1. pillage; 
2. direct or indiscriminate attacks or other acts ofviolence; 
3. being used to shield military operations or objectives; 
4. being made the object of reprisal; and, 
5. being destroyed or appropriated as a form of collective punishment. 
Property and possessions left behind by internally displaced persons 
should be protected against destruction and illegal appropriation, occupation or 
use. 
(w) 
The State shall ensure that internally displaced persons, in particular, 
internally displaced children, receive education that shall be free and compulsory at the 
primary level. Education should respect their cultural identity, language and religion. 
(x) 
Special efforts should be made to ensure the full and equal participation of 
women and girls in educational program. Educational and training facilities shall be made 
available to internally displaced persons, in particular adolescents and women, whether or 
not living in canips, as soon as conditions permit. 
SECTION 9. Adrlressiiig tlze continuing needs of cli.splucect communities. 1\11 
humanitarian assistance to victims of displaced persons, families and communities shall 
be carried out in accordance with the principles of hwnanity and impartiality and without 
discrimination. Humanitarian assistance, which shall be the primary duty and 
responsibility of national authorities concerned, shall not be diverted, in particular for 
political or military reasons. 
International and local humanitarian organizations and other appropriate actors 
have the right to offer their services in support of the internally displaced and shall be 
considered in good faith and not bc arbitrarily rcgarded as an unfriendly act or 
interference in the government’s internal affairs. All authoritics concerned shall grant and 
facilitate the free passage of humanitarian assistance and grant persons engaged in the 
provision of such assistance rapid and unimpeded access to the internally displaced. 


Persons engaged in humanitarian assistance, their transport and supplies shall be 
respected and protected. They shall not be the ob.ject of attack or other acts of violence. 
When providing assistance, international and local humanitarian organizations 
and other appropriate actors shall give due regard to the protection of the needs aid 
hiunan rights of the inteiiially displaced persons and shall take appropriate measures in 
this regard. 
Law enforcement agencies conducting military operations, the Department of 
Social Welfare and Development, the Department of Health, the corresponding 
government hospital and the local government unit concerned shall provide immediate 
relief to internally displaced persons, families and communities. 
SECTION 1 0. Assistmice durirrg the return, re.settlemerzt or local intepation of 
the displaced persons. Competent authorities. including the local government unit/s 
concerned, shall have the primary duty and responsibility to establish conditions that 
allow internally displaced persons to return voluntarily. in safety and with dignity, to 
their homes or places of habitual residence, or to resettle voluntarily in another part ofthe 
country. Special efforts shall be 'made to ensure the full participation of internally 
displaced persons in the planning and management of their return or resettlement and 
reintegration. 
Internally displaced persons who haw returned to their homes or places of 
habitual residence or who have resettled in another part of the country shall not be 
discriminated against as a result of their having been displaced. They shall have the right 
to participate hlly and equally in public affairs at all levels and have equal access to 
public services. 
Competent authorities. including the local government unit/s concerned, have the 
duty and responsibility to assist returned and/or resettled internally displaced persons to 
recover, to the extent possible. their property and possessions which they left behind or 
were dispossessed of upon their displacement. When recovery of such property and 
possessions i,s not possible, competent authorities, including the local government unit/s 
concerned, shall provide or assist these persons in obtaining appropriate compensation or 
another form ofjust reparation. 
All authorities conccrncd shall grant and facilitate for intcrnational and local 
humanitarian organizations and other appropriate actors in the exercise of their rcspective 
mandates, rapid and unimpeded access to internally displaced persons to assist in their 
return or resettlement and reintegration. 
SECTION 1 1. Pencil Provisiorzs. 
a. 
persons: 
The penalty of rechyion pevpetzia shall be imposed upon the following 
1. 
displacement; 
2. 
others to commit the act of internal displacement; 
3. 
l'hosc who cooperatcd in thc act of arbitrary or internal 
displacenient by committing another act without which the act of arbitrary 
or internal displacement would not have been carried out; 
Those who directly committed the act of arbitrary or internal 
Those who directly forced, instigated, encouraged or induced 


4. 
Tliose coninianditig officers, as well as all elements of the military, 
police andor other law enforcement agencies who actually andor directly 
participated in the act of arbitrary or internal displacement when it is 
within their power to stop thc coinmission of such act; 
5. 
internal displacement by previous or simnltaneous acts. 
Tlie penalty of reclzision tentporn/ shall be imposed upon those who 
Those who cooperated in the execution of the act of arbitrary or 
b. 
attempt to conitnit the offense of arbitrary or internal displacenient. 
c. 
Tlie penalty of reclzrsion tern/7ornl shall also be imposed upon the persons 
who. having knowledge or the act of arbitrary or internal displacement, and 
without having participated therein, either as principals or accomplices, took part 
subsequent to its commission in any ofthe following manners: 
1. 
from the effects of the act of arbitrary or internal displacement; 
2. 
By concealing the act of arbitrary or internal displacenient, and/or 
destroying thc effects or instruments thereof, in order to prevent its 
discovery; 
3. 
By harboring, concealing, or assisting in the escape of the 
priiicipal(s) in the act of arbitrary or internal displacement, provided the 
accessory acts are done with the abuse of the official’s jmblic fhctions. 
d. A puhlic official or employee found guilty of committing the prohibited acts 
provided for in Sections 7 and 8 of this Act shall be permanently disqualified 
from holding any appointive or elective position in the government. 
e. The accessory penalties pertaining to the penalties of reclusion perpetua and 
reclusion tampornl shall be imposed. 
By themselves profiting from or assisting the offender to profit 
SECTION 12. Role of tlze Comnzission of Huninn Rights. The Commission of 
Human Rights (CHR) shall be designated as the institutional focal point for internally 
displaced persons. As suchl the CHR shall have the lbllowing [unctions: 
a. 
b. 
To monitor IDI’ conditions to ensnre that their rights are respected and 
protected in all phases of displacement; 
To conduct inquiries, document violations of human rights, assist IDPs 
in seeking redress of grievances and work to ensure an effective 
response by the authorities; 
To investigate, on its own or on coinplaint by m y  party, all forins of 
Iiunian rights violations against IDPs involving civil aid political rights 
in accordance with Section 18(1) of Article XIII of the 1987 
Constitution; 
To follow up on early warning and ensure effective ineastires to protect 
populations against internal displacement, in coordination with local 
governnient units; 
To advise the government on the rights of IDPs towards the shaping of 
a sound national policy and legislation to effectively address situations 
of internal displacement; 
To underl,&e educational aclivities and training programs for state 
authorities, including the armed forces; and 
To hold public information drives on the. rights of IDPs 
C. 
d. 
e. 
f. 
6. 


SECTION 13. 
Approphtions. The amount of Fifty Million Pesos 
(P50,000,000) shall be appropriated for the initial implementation of the provisions of 
this Act. The subsequent annual funding for the implenientation of this Act shall be 
included in the General Appropriations Act. 
SECTION 14. Monitoring of' CofftplriCmce with this Act. A Monitoring Group 
shall be taslted to periodically monitor tlie compliance with this Act. The group shall be 
headed by the Chairperson of the Commission of Human Rights. Members of this group 
shall be composed oi': 
a. A representative, with the rank of Undersecretary, from the Deparlment or 
Social Weifwe and Development 
b. A representative, with tlie rad< of Undersecretary, from the Department of 
National Defense; 
c. A representative, with the rank of Undersecretary, from the Department of 
Interior and Local Government; 
d. A representative from the National Disaster Coorcliiiating Council; 
e. A representative of human rights non-governmental organizations (NGOs) 
and other hunian rights groups, nominated by a selection board composed 
of human rights groups and non-governmental organizations (NGOs); and, 
f. The Chairperson of the Committee on Human Rights of the House of 
Representatives 
g. The Chairperson of the Committee on Justice and HLUI~XI Rights of the 
Senate. 
The monitoring group shall submit an annual report to both Houses of Congress, 
thirty (30) days after the end of each fiscal year. Such annual report shall be the basis for 
proposed amendments to existing legislation to improve the conditions of internally 
displaced persons. 
SECTION 1 5. Zinplemcntitzg Hula and Rrguletions. The Commission of Human 
Rights, in consultation, coordination and collaboration with the Department of Social 
Welfare and Development, the Departmcnt of National Defense, the Department of 
Interior 'and Local Govcrnmcnt, and human rights non-governmental organizations and 
pcoplc's organizations, shall draft thc implementing rules and regulations necessary to 
carry out the provisions of this Act, within sixty (60) days followjng its effectivity. 
SEClION 
16. Repealing Clause. All laws, decrees, executive orders, 
memorandum orders. memorandum circulars, administrative orders, ordinances or any 
part thereof, inconsistent herewith are hereby deemed, repealed or modified accordingly. 
SECTION 17. Separability Clarise. If and when parts or portions of this Act shall 
be deemcd invalid and/or unconstitutional, other parts and portions not affected thereby 
shall remain full force and effcct/ 
SECTION 18. Eflectivity. This Act shall take effect fifteen (15) days upon its 
publication in at least two (2) newspapers of national circulation. 
Approvcd.