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To deal with internal displacement on the large scale, the United Nations
Representative to the Secretary General for Internally Displaced Persons, together
with the Brookings-Bern Project on Internal Displacement, had developed a
framework for national responsibility to serve as a guide to governments.
1 The author was, at the time of the writing of this article, a legislative officer in the Office of Senator
Aquilino Q. Pimentel, Jr., then incumbent Minority Leader of the Senate of the Philippines. Ms. Africa, a
lawyer admitted to the Philippine Bar, is an advocate for IDP rights and had been very active in pursuing
the legislative initiative to advance IDP rights in the Philippines. This paper was submitted for distribution
during the Consultative Meeting of Experts for the Strengthening of Domestic Implementation of the UN
Guiding Principles for Internal Displacement on September 2006, in Vienna, Austria.
A preliminary step towards the implementation of the framework for
national responsibility is raising national awareness of the problem of internal
displacement. Before any government can prevent adverse effects thereof, the
State must first recognize internal displacement as a national dilemma. To be able
to ascertain its extent, accurate data and information must be gathered, classified
and analyzed closely. Each model of internal displacement is very specific for
every country. Hence, a very detailed study is in order, for effective formulation
of policies regarding internal displacement.
When the problem of internal displacement had been sorted out, a national
awareness program or campaign must be launched. The national government must
take the lead in this endeavor, coordinating closely with human rights institutions,
international organizations and non-governmental organizations. In this process,
training of accountable officials in government, law enforcement officers, police
and military alike, is vital in awareness raising. Training workshops on the
Guiding Principles on Internal Displacement for these officials must be conducted
as they will be the people who will directly implement these guidelines on the
ground, during internal displacement.
During the Twelfth Congress, Senate Resolution No. 289 was adopted,
entitled “A Resolution Urging the Philippine Government to Adopt in Full the UN
Guiding Principles on Internal Displacement as a Concrete Step in the Promotion
and Protection of Human Rights in the Country.”
The bill lifted most of its provisions from the United Nations Guiding
Principles on Internal Displacement. The authors of the said bill deemed it fit to
enumerate all the rights that are accorded to internally displaced persons, before,
during and after displacement since there is no comprehensive piece of legislation
that recognizes the rights and unique nature of situations faced by internally
displaced persons.
Section 3 provides for a definition of terms used in the bill. The terms
“internal displacement” and “internally displaced person” were defined therein.
The definition of internal displacement was reproduced from the Introduction-
Scope and Purpose of the UN Guiding Principles on Internal Displacement. 4 The
definition of internally displaced person was worded as to refer to any individual
who has suffered harm as a direct result of internal displacement as defined.
In this light, the Technical Working Group on the IDP bill decided to
focus the bill’s attention on the adverse effects of internal displacement caused by
armed conflict. Armed conflict is the major cause of internal displacement in the
Philippines. Majority of IDPs affected by armed conflict are found in Mindanao,
belonging to the Moro ethno-linguistic groups, notably the Maguindanaoan,
Maranao, Iranun and Tausug. Indigenous peoples such as the B’laan, T’boli,
Higaononon, Manobo, Subanen and Teduray also count among those who are
frequently forcibly driven to mass exodus.9
Under Principle 9, the State shall respect the rights of indigenous peoples,
minorities, peasants, pastoralists and other groups with a special dependency on
and attachment and their lands. The authorities concerned shall protect these
special groups against displacement, with particular reference to Republic Act No.
8371, otherwise known as the Indigenous Peoples’ Rights Act.
10 Presidential Decree No. 1566, otherwise known as “Strengthening the Philippine Disaster Control,
Capability and Establishing the National Program on Community Disaster Preparedness.”
11 Principle 10, United Nations Guiding Principles on Internal Displacement.
entitled, “An Act Defining and Penalizing Crimes against International
Humanitarian Law, Adopting Corresponding Principles of Criminal
Responsibility, Operationalizing Universal Jurisdiction, Designating Special
Courts and for Related Purposes.” Threats and incitement to commit any of the
foregoing acts shall be prohibited.
Principle 13, enunciated in Section 8(f) of the Bill, espouses the protection
of internally displaced children from being recruited or required to take part in
hostilities. Being a signatory of Protocol 2 of the Geneva Conventions which
mandates special protection for children in armed conflict16, Republic Act No.
7610 dedicated an entire article for Children in Armed Conflict, Article X
thereof17. The said law declared children themselves as zones of peace. Another
law consistent with this principle is the Juvenile Justice and Welfare Act of
200618, wherein a child living in situations of armed conflict was included in the
definition of “child at risk.”
Principles 16 and 17, enshrined in Section 8(k),(l),(m) and (n), is corollary
to Section 12, Article II of the Philippine Constitution. 19 The family, as a basic
unit of society, must be respected during all phases of displacement. In the event
of displacement, the State is tasked to keep members of internally displaced
families intact. If these families are separated by displacement, they must be
reunited as quickly as possible.20 If any member dies as a result of displacement,
return of the remains must be facilitated and other relatives must be given access
to death sites of their deceased relatives.21
18 Section 4(d)(9), Republic Act No. 9344, otherwise known as “An Act Establishing a Comprehensive
Juvenile Justice and Welfare System, Creating the Juvenile Justice and Welfare Council under the
Department of Justice, Appropriating Funds Therefor and for Other Purposes.”
19 The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution.
20 Section 9(k), Internal Displacement Bill.
21 Section 9(l), Internal Displacement Bill.
Section 8(o),(p),(q) and (r) itemize the minimum needs of internally displaced
persons for daily subsistence, such as food and potable water, basic shelter,
appropriate clothing and medical resources.22 The State is primarily responsible to
provide these goods as internally displaced persons, due to their forced eviction
from their habitual place of residence, have lost all their possessions and means of
livelihood.
Section 8(s),(t) and (u) features the protection of the political rights of
internally displaced persons. They must be empowered so as to continue
exercising these rights despite their displacement. To facilitate this, the State must
take necessary steps to make legal documents available to IDPs.
The same section proceeds to impose the penalty of reclusion temporal or,
at least, twelve years and one (1) day to, at most, twenty (20) years imprisonment
to those who attempt to commit the offense of arbitrary or internal displacement.
The same penalty shall likewise apply to those who have knowledge of the act of
arbitrary or internal displacement and without having participated therein, either
as principals or accomplices, took part subsequent to its commission by
themselves profiting from or assisting the offender to profit from the effects of the
act of arbitrary or internal displacement; by concealing the act of arbitrary or
internal displacement, and/or destroying the effects or instruments thereof, in
order to prevent its discovery; or by harboring, concealing or assisting in the
escape of the principal(s) in the act of arbitrary or internal displacement, provided
the accessory acts are done with the abuse of the official’s public functions. These
definitions were lifted from Article 19 of Act 3815, or the Revised Penal Code.
These actors are more commonly referred to as accessories. As a general rule,
penalties imposed on accessories are those two (2) degrees lower than those
imposed upon their principals, which is prision mayor (six years and one day to
twelve years.)28 This bill shall be an exception to the said rule.
The section also points out that any public official or employee found
guilty of committing the prohibited acts provided for in Sections 7 and 8 thereof
shall be permanently disqualified from holding any appointive or elective position
in the government. Likewise, all accessory penalties that accompany the penalties
of reclusion perpetua and reclusion temporal shall attach to the offender29. Hence,
25 Article 17(2), Act No. 3815, otherwise known as “An Act Revising the Penal Code and Other Penal
Laws.”
26 Article 17(3), Act No. 3815, otherwise known as “An Act Revising the Penal Code and Other Penal
Laws.”
27 Article 18, Act No. 3815, otherwise known as “An Act Revising the Penal Code and Other Penal
Laws.”
28 Article 53. Penalty to be imposed upon accessories to the commission of a consummated felony. — The
penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed
upon the accessories to the commission of a consummated felony. (Revised Penal Code)
29 Article 41.Reclusion perpetua and reclusion temporal; Their accessory penalties. — The penalties of
reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during
the provisions of the Revised Penal Code shall be suppletory in application to this
bill.
the period of the sentence as the case may be, and that of perpetual absolute disqualification which the
offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been
expressly remitted in the pardon. (Revised Penal Code)
30 Balay Rehabilitation Center. 2006. A Primer on Internal Displacement in the Philippines. p.20.
31 There is hereby created an independent office called the Commission on Human Rights. (Section 17(1),
Article XIII, 1987 Philippine Constitution)
IV. Conclusion
The national plan of action must also include the capacity building and
training of government employees and officials who shall implement the national
plan of action on the ground. They must be educated on the UN Guiding
Principles on Internal Displacement and be informed of the rights accorded to
internally displaced persons at all stages of displacement, so that these rights may
be recognized and respected by them.
An all out campaign of this nature is also a financial endeavor. Adequate
resources must be allocated for this purpose by the national government.
However, due to the economic turmoil that the country presently faces, the
government must seek the aid of regional and international organizations and any
foreign assistance must be properly managed so these will cater the needs of the
internally displaced.
REFERENCES:
7. www.asiapacificforum.net
8. http://www.brookings.edu/fp/projects/idp/idp.htm
The House of Representatives shall not be more than two hundred and fifty
members, unless otherwise fixed by law, who shall be elected from legislative
districts apportioned among the provinces, cities and the Metropolitan Manila
area in accordance with the number of their respective inhabitants, and on the
basis of a uniform and progressive ratio and those who, as provided by law, shall
be elected through a party-list system of registered national, regional, and sectoral
parties or organizations.32
On the other hand, the Senate shall be composed of twenty-four Senators who
shall be elected at large by the qualified voters of the Philippines, as may be
provided by law.33
b. Origin of Bills
When a bill is filed and read for the first time, it shall be referred to the
appropriate Committee, composed by the members of the corresponding House.
The Committee shall schedule the bill for public hearing where expert resource
persons, major stakeholders and affected sectors shall be invited by the
Committee to air their opinions and present their proposals on the bill. These
invitees shall be requested to submit position papers on the bill for reference of
the Committee. The Committee shall hold as many public hearings as it may
deem fit. After the series of public hearings conducted, a Technical Working
Group shall be convened to incorporate the information and proposals raised
during the public hearings into the Bill. The Committee shall then produce a
report that will be the basis of deliberations in the plenary. The bill shall be
calendared for second reading.
At the third reading of the bill, a majority vote of all members present on
that day is required for the bill to be approved. The votes thereon shall be taken
immediately thereafter, and the ayes and nays entered in the Journal.
AN ACT
IMPROVING PHILIPPINE COMMITMENT TO HUMAN RIGHTS
PROMOTION AND
PROTECTION BY PROVIDING THE NECESSARY MECHANISMS FOR
THE
PREVENTION OF THE OCCURRENCE AND PROTECTION FROM
THE ADVERSE
EFFECTS OF INTERNAL DISPLACEMENT AND FOR OTHER
PURPOSES
(1) Those who directly commit the act of arbitrary internal displacement;
(5) Those who cooperated in the execution of the act of arbitrary internal
displacement by previous or simultaneous acts.
(6) Those commanding officers of the military, police or other law enforcement
agencies, or other authorities, for acts of arbitrary internal displacement
committed by forces under his/her effective command and control, or effective
authority and control as the case may be, as a result of his/her failure to exercise
control properly over such forces, where said commanding officers or authorities
knew or, owing to the circumstances at the time, should have known that the
forces were committing or about to commit such crimes, and failed to take all
necessary and reasonable means within his/her power to prevent or repress their
commission, or to submit the matter to the competent authorities for investigation
and prosecution.
b) The penalty of prision mayor shall be imposed upon those who attempt to commit the
offense of arbitrary internal displacement.
c) The penalty of prision mayor shall be imposed upon the persons who, having
knowledge of 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 of the following manner:
(1)By themselves profiting from or assisting the offender to profit from the
effects of the act of arbitrary internal displacement;
(2)By concealing the act of arbitrary internal displacement, and/or destroying the
effects or instruments thereof, in order to prevent its discovery;
a) To monitor IDP conditions to ensure that their rights are respected and protected
in all phases of displacement;
e) 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;
h) To carry out such other acts that may be necessary to fully implement
the purposes.
SEC. 20. Effectivity. - This Act shall take effect fifteen (15)
days upon its publication in at least two (2) newspapers of national
circulation.
APPROVED,