chapter 2: iccpr chapter
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International Covenant on Civil and Political Rights (ICCPR)
Introduction
Human rights, taken collectively, refer to the supreme, inherent, and inalienable rights to life, dignity, and self-development. It is the essence of these rights that makes man human.
The International Covenant on Civil and Political Rights (ICCPR) is an important treaty in the field of universal human rights. The covenant covers the civil and political rights of individuals which States are obliged to guarantee, particularly the right to life. No derogation is permitted on this right, even in times of war or public emergency. In International Law, the right to life begins at birth while in Philippine Law, it begins at conception.
The civil and political rights enshrined in the abovementioned Covenant include ensuring of people’s integrity and safety; protection from discrimination on grounds of physical or mental disability, gender, religion, race, national origin, age, sexual orientation, or gender identity; and individual rights, such as privacy, the freedoms of thought and conscience, speech and expression, religion, the press, and movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and right to participate in civil society and politics, such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.
The Philippines signed the Covenant on December 19, 1966, ratified it on February 28, 1986, and submitted the Instrument of Ratification on October 23, 1986. The treaty entered into force on January 23, 1987, three months after its submission. The Philippines submitted its Initial Report to the Committee on March 22, 1989 (CCPR/C/50/Add.1/Rev.1), which was considered by the Committee on April 7, 1989. The combined second and third report was submitted to the Committee on September 18, 2002. Following the Concluding Observations of the Human Rights Committee-ICCPR, the PHRP II considers the following thematic objectives as priorities:
Thematic Objective 1: To mainstream international human rights standards to domestic norms through the enactment of laws, as well as to work for the hamonization of enacted legislations and other administrative and judicial measures/actions including, but not limited to, local legislations
The Philippine government is strongly committed to uphold the universality of human rights standards. In this context, there is an urgent need to mainstream international human rights standards to domestic norms, specifically in national and local legislations, judicial measures, administrative
policies, programs and mechanisms. These must reflect the generally accepted principles of human rights consistent with the ICCPR provisions following the 2003 Concluding Observations of the UN Human Rights Committee.
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Also, as a reaffirmation of the government to promote universal respect for and observance and protection of all human rights and fundamental freedoms for all, there is a need to support the ratification of other international human rights instruments.
Thematic Objective 2: To enhance the institutional remedies and multi-stakeholders commitments to put an end to alleged impunity
While there are existing remedies and mechanisms in place to address
human rights violations, such as extrajudicial/extra-legal killings (ELK) and enforced disappearances (ED), there appears to be a need to enhance the institutional remedies and multi-stakeholders commitments to address and to finally put an end to all the perceived impunity. Corollary to this, all sectors must be truly empowered through the continuing process of assessment, monitoring, planning, and capacity- building toward the resolution of various human rights issues and challenges.
In seeking to achieve real empowerment of various vulnerable,
marginalized and disadvantaged sectors, the PHRP II will provide all possible opportunities to educate and capacitate citizens in the exercise of their rights. This will be pursued through the efforts of the government and its meaningful partnership with NGOs and CSOs toward the achievement of national development goals.
Thematic Objective 3: To set up a multi-stakeholder, coordinated
performance accountability and monitoring system on the compliance of the government with implementation of the ICCPR
The successful implementation of plans and programs consistent with the
provisions under the ICCPR requires the institutionalization of a well-coordinated multi-stakeholder performance accountability and monitoring system on Government’s compliance.
Thematic Objective 4: To establish mechanisms and strengthen existing
measures on International Humanitarian Law (IHL) and Rule of Law (ROL).
As a member of the International Criminal Court (ICC), the Philippines is under obligation to establish mechanisms and to institutionalize measures for the effective implementation of the International Humanitarian Law (IHL) and observance of the Rule of Law (ROL).
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SECTION 1 Strategic Treaty Indicators
Thematic Objective 1: To mainstream international human rights standards to domestic norms through the enactment of laws, and to work for the harmonization of enacted legislations and other administrative and judicial measures/actions including, but not limited to local legislations
The indicators under this thematic objective are enacted new legislations
and harmonized existing national and local legislations consistent with the ICCPR. This is in response to item no. 1 of the 2003 Concluding Observations of the Human Rights Committee, to quote:
“ The Committee notes the absence of information regarding the status in domestic law of the Covenant and on whether any Covenant provisions have been invoked in court proceedings to date. The State party should ensure that its legislation gives full effect to the rights recognized in the Covenant and that domestic law is harmonized with the obligations subscribed to under the Covenant.”
With the separation of powers among the branches of government,
namely, the Legislative, the Executive and the Judiciary, the indicators are based primarily on the existing bills or legislations pending with Congress on related civil and political rights. For local legislation, these will be based on ordinances that would be responsive to local conditions in the provinces, cities and municipalities and barangays.
It is noteworthy to mention that while the Philippines is noted for well-
crafted laws, our laws are always criticized internationally for their non-conformity with the provisions of international human rights standards. A case in point is RA 9372 (Human Security Act of 2007). Needless to say, the government is also being criticized for poor implementation of laws which often lead to denial of justice to victims and their families.
Accountable agencies for these indicators are: Congress, local government
units, Department of the Interior and Local Government, and Philippine National Police.
Thematic Objective 2: To enhance the institutional remedies and
multi-stakeholders commitments to put an end to alleged impunity
The indicators for this thematic objective are:
a. Decrease in the percentage of unresolved cases involving media killings, politically-motivated killings, trafficking, and terrorism; b. Coordinated inter-agency and multi-stakeholder mechanisms on the investigation and prosecution of political killings, enforced disappearance, trafficking, terrorism, and torture; c. Legislation and functional mechanisms to hold liable non-
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State actors, such as rebel groups armed for human rights violations.
This objective is to enhance the existing mechanisms which were created to address extra-legal killings, arbitrary detention, harassment, intimidation, and abuse allegedly perpetrated by State actors against human rights defenders, journalists and leaders of indigenous peoples including detainees, many of whom are women and children.
Item no. 8 of the 2003 Concluding Observations of the Human Rights
Committee that needs to be addressed is herein quoted in part:
“The Committee is concerned about the lack of appropriate measures to investigate crimes allegedly committed by State security forces and agents, in particular those committed against human rights defenders, journalists and leaders of indigenous peoples, and the lack of measures taken to prosecute and punish the perpetrators. Furthermore, the Committee is concerned at reports of intimidation and threats of retaliation impeding the right to an effective remedy for persons whose rights and freedoms have been violated. Sub-paragraph (a) of the same item provides that the State party should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 6 and 9 of the Covenant, and ensure effective enforcement of the legislation.”
Item no. 11 of the same Concluding Observation expresses concern
regarding reported cases of extrajudicial killings, arbitrary detention, harassment, intimidation and abuse, including that of detainees, many of whom are women and children, that have neither been investigated nor prosecuted. Such a situation is conducive to the perpetration of further violations of human rights and to a culture of impunity. Further, the same item provides that “the State party should adopt and enforce legislative and other measures to prevent such violations, in keeping with articles 6 and 9 of the Covenant and to improve the implementation of relevant laws. The State party should conduct prompt and impartial investigations, and prosecute and punish the perpetrators.”
Accountable agencies are: Department of Justice, National Bureau of
Investigation, Armed Forces of the Philippines, Philippine National Police, Presidential Human Rights Committee, Philippine Center for Transnational Crime and local government units.
Thematic Objective 3: To set up a multi-stakeholder coordinated performance accountability and monitoring system on the Philippine compliance to the ICCPR.
The indicator for this thematic objective is the establishment of an intra
and inter pillar performance accountability and monitoring system. Following the international standard of fairness, the five pillars of the criminal justice system must be able to institute a performance accountability measure and monitoring system. Thus, to ensure that the government’s plans and programs are carried out efficiently and affectively, a monitoring mechanism must be established to hold the duty-bearers accountable as provided for in their mandates.
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The accountable agencies for this indicator are the following: Supreme Court, Department of Justice, local government units, Department of the Interior and Local Government, Bureau of Jail Management and Penology, Department of Social Welfare and Development, Commission on Audit, Anti-Money Laundering Council, and Office of the Ombudsman.
Thematic Objective 4: To establish mechanisms and strengthen
existing measures on international humanitarian law (IHL) and rule of law (ROL).
The indicators for this thematic objective are:
(1) Country-level ROL index; (2) Number and proportion of trained military and police on IHL and
ROL; (3) Number and proportion of marginalized, vulnerable, and
disadvantaged groups accessing the justice system and other alternative dispute resolution (ADR) systems;
(4) Local government commitments on the functionality of local mechanisms addressing human rights.
The Philippines as a new member of the International Criminal Court (ICC)
through its recent accession to the Rome Statute is under obligation to establish mechanisms and strengthen existing measures on IHL and ROL.
The accountable agencies for these indicators are: Philippine National
Police, Armed Forces of the Philippines, Department of Foreign Affairs, Supreme Court, Congress, Department of the Interior and Local Government, and Commission on Human Rights of the Philippines.
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SECTION 2 Thematic Baseline and Situationer
Thematic Objective 1
The foundations of the legal framework on human rights protection are the Constitution, legislation, court decisions or jurisprudence, and customs and traditional practices.
The Constitution as the supreme and basic law provides for the general
framework and principles by which the State is ruled. It is the standard on which the national legal instruments and government actions and decisions are based and evaluated.
Important elements of the Constitution include the Bill of Rights, and the
articles on human rights and social justice, accountability of public officers, citizenship, suffrage, national economy, and patrimony. The Constitution provides for the establishment and separation of powers of the three major branches of government – Executive, Judiciary, and Legislature. It specifies the mandates and powers of the major institutions responsible for human rights promotion and protection. Furthermore, the Constitution provides that: “The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. (Article XIII, Section 1)”
Consequently, the following statutes were enacted to bolster anti-
discriminatory measures:
a) Republic Act (RA) 8425, otherwise known as the Social Reform and Poverty Alleviation Act;
b) RA 9257, or the Expanded Senior Citizen’s Act of 2003;
c) RA 7877, or the Anti-Sexual Harassment Act of 1995 declaring
sexual harassment unlawful in the employment, education, or training environment and for other purposes,;
d) RA 6725, on strengthening the prohibition on discrimination
against women with respect to terms and conditions of employment, amending Article 135 of the Labor Code;
e) RA 6955, on declaring unlawful the practice of matching for
marriage to foreign nationals on a mail-order basis and for other similar practices, including the advertisement, publication, printing or distribution of brochures, fliers and other propaganda materials;
f) RA 7192, on promoting the integration of women as full and
equal partners of men in development and nation-building;
g) RA 7322, on increasing maternity benefits in favor of women
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workers in the private sector, amending Section 14-A of RA 1161;
h) RA 8353, on expanding the definition of the crime of rape, reclassifying the same as a crime against persons amending Act No. 3815 and RA 9208;
i) RA 7277, on providing for the rehabilitation, self-development
and self- reliance of disabled persons and their integration into the mainstream of society, also known as the Magna Carta for Disabled Persons;
j) RA 7279, or the Urban Development Housing Act of 199 providing
for a comprehensive and continuing urban development and housing program, establishing the mechanism for its implementation;
k) RA 8042, on instituting the policies of overseas employment and establishing a higher standard of protection and promotion of the welfare of the migrant workers, their families and overseas Filipinos in distress;
l) RA 9344, on establishing a comprehensive juvenile justice and
welfare system, creating the Juvenile Justice and Welfare Council under the Department of Justice;
m) RA 9231, on the elimination of the worst forms of child labor and
affording stronger protection for the working child;
n) RA 9255, on allowing illegitimate children to use the surname of their father;
o) RA 9262, on the anti-violence against women and their children;
p) RA 7610, on providing for stronger deterrence and special protection
against child abuse, exploitation and discrimination;
q) RA 7309, on creating a board of claims under the Department of Justice for victims of unjust imprisonment or detention and victims of violent crimes;
r) RA 7438, on defining certain rights of persons, arrested,
detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers and providing penalties for violations.
Thematic Objective 2
An institution created for the protection of human rights across the agenda is the Public Attorney’s Office (PAO) under the DOJ which provides free legal assistance, including prosecution and defense. Prosecution is the responsibility of national government agencies, the National Prosecution Service, an organic unit of the DOJ; and the Office of the Ombudsman.
In 2006, an independent commission chaired by former COMELEC
Chairperson Jose Melo was established to investigate the unexplained killings of activists and media practitioners. The recommendations of the Melo Commission
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were adopted and implemented by the Executive Branch as well as the Legislature and the Judiciary, corresponding with the following actions:
a) Formation of the Task Force Usig (Task Force Prosecution) on May
13, 2006, under the PNP to immediately investigate said killings.
b) Creation of the Task Force of Prosecutors on Human Rights and Extrajudicial Killings on March 27, 2007 under DOJ Order No. 257 to handle the inquest, preliminary investigation and prosecution of cases of alleged political killings; and
c) Issuance of Administrative Order (AO) No. 181 on July 3, 2007,
directing the coordination between the National Prosecution Service and other concerned agencies of the government for the successful investigation and prosecution of political and media killings.
Thematic Objective 3
In October 2007, the PNP and the AFP received an order to take active steps to prevent human rights violations by men-in-uniform. These steps include the issuance of office instructions and the conduct of trainings aimed at reinforcing a culture of non-tolerance of human rights abuses among all PNP and AFP personnel.
In November 2007, A.O. 211 was issued creating the multi-agency Task
Force against Political Violence or Task Force 211, to increase coordination between the DOJ, Department of National Defense (DND), PHRC, investigative and national security agencies, and civil society for speedier solutions to such violence.
To strengthen the witness protection program, Congress initiated certain
legislative proposals for this purpose. Other legislative proposals certified as urgent include the imposition of harsher penalties on persons who commit political killings, and the harshest penalties on persons-in-uniform who commit such killings.
The Judiciary complemented the unwavering commitment of the
Executive Branch of government to address human rights concerns. The Supreme Court has instructed all courts to prioritize such cases now pending in Philippine courts. It also convened the National Consultative Summit on EJK and Enforced Disappearances, and the recommendations generated during the Summit resulted in proposed legislation in Congress and the promulgation of the Rule on the Writ of Amparo, and the Rule on the Writ of Habeas Data.
One of the major gaps in dealing with human rights issues is the
limited knowledge of duty-bearers as well as claimholders on the ICCPR. Some of those charged with enforcing and implementing the law are themselves new to this concept.
Another area of concern is the lack of experience in mainstreaming human
rights-based approach to their functions and responsibilities. Thus, the need to
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capacitate the duty-bearers to apply human rights standards and indicators within their agenda, drawn from the provisions of the ICCPR.
Thematic Objective 4
In time of war, international humanitarian law (IHL) protects those who
are not or no longer taking an active part in hostilities, and limits the choice of methods and means of warfare. It applies in both situations of international and non-international armed conflict.
The main instruments of IHL are the Geneva Conventions of 12 August
1949 on the protection of war victims, which the Philippines ratified on 06 December 1952. To complement these Conventions, two Additional Protocols were adopted in 1977.
The Philippines signed both the First and the Second Protocols to the
Geneva Conventions on 12 December 1977. Only the Second Protocol has been ratified by the Philippines on 11 December 1986.
Nevertheless, many of these rules are part of customary international
humanitarian law. Moreover, most of them already form part of the general principles accepted by the AFP.
The enactment of the following laws, to wit: RA No. 9851 (An Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide and Other Crime Against Humanity), and RA No. 9745 (An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing Penalties Therefore) uphold the strong commitment of the Philippines to uphold the ROL and IHL.
Finally, on August 23, 2011, the Senate ratified the Rome Statute making it
as one of the newest members to the International Criminal Court. Sen. Miriam Defensor- Santiago, a member of the Philippine Senate, gained a seat in the ICC.
Table 2.1 Situation Matrix
HUMAN RIGHTS
ISSUES DUTY BEARERS CLAIMHOLDERS
Documented cases of extrajudicial killings and enforced disappearances since Martial Law up to the present
PNP, DOJ, CHRP
peasants organized labor media members of militant
groups
Corruption Pillars of the criminal justice system
Judiciary Ombudsman
Corruption victims Every citizen
Ineffective barangay justice system despite PD 1508 (1976)
DILG LGUs Lupon members
Barangay residents with cases filed before the Lupon
Lack of IP IPs DILG
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HUMAN RIGHTS ISSUES
DUTY BEARERS CLAIMHOLDERS
representation in the local Sanggunihan
Challenges experienced by witnesses in cases
DOJ NBI
Victims and/or their family
Influence-peddling by politicians in court cases
SC Lower Courts
(i.e. RTC, MTC, MTCC, MCTC, etc.)
DOJ-NPS
Litigants General public
Deprivation/delay in the delivery of basic services due to bureaucratic/political corruption
Ombudsman PCGG
Public, most especially, the marginalized, disadvantaged and vulnerable sectors
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SECTION 3 Thematic Performance Targets
Thematic Objective 1: To mainstream international human rights standards to domestic norms through the enactment of laws, and to work for the hamonization of enacted legislations and other administrative and judicial measures/actions, including but not limited to local legislations
Medium-term target:
Enactment of national legislation related to civil and political rights, as
well as ordinances at the local level.
Annual targets:
2012 – Advocacy and lobbying up to First and Second Readings; 2013 – Advocacy and lobbying up to deliberation; 2014 – Advocacy and lobbying up to passage and adoption of
Implementing Rules and Regulations (IRR); and 2015-2016 – Implementation.
Thematic Objective 2: To enhance the institutional remedies and multi-stakeholders commitments to put an end to alleged impunity
Medium-term target:
Functional investigative mechanism resulting in 80-90% prosecuted cases
on ELK, ED, trafficking, and terrorism.
Annual targets:
2012-2013 - institute effective investigative mechanisms in place;
2012-2016 - 25 percent decrease in ELK, ED, trafficking and terrorism cases;
2012-2016 - 25 percent prosecuted cases on ELK, ED, trafficking and terrorism cases.
Thematic Objective 3: To set up a multi-stakeholder coordinated performance accountability and monitoring system on the compliance of the government with implementation of the ICCPR
Medium-term target:
Performance of Access to Justice program especially as it would
benefit the poor and the marginalized sectors
Annual target:
Enhanced performance promoting mechanism for Access to Justice (continuing)
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Thematic Objective 4: To establish mechanisms and strengthen existing measures on International Humanitarian Law (IHL) and Rule of Law (ROL).
Medium-term target:
Enhancement of the terms of engagement and monitoring system on IHL and ROL compliance and capacitation of at least 70-80% of the military and law enforcers on IHL and ROL
Annual targets:
2012-2015 - At least 30% of the military and law enforcement agency personnel trained on IHL and ROL annually;
2012 -2016 - Updating and monitoring of the terms of engagement incorporating the provisions of the Rome Statute.
Table 2.2: Performance Targets
Thematic Objective 1: To mainstream international human rights standards to domestic norms through the enactment of laws and to work for the hamonization of enacted legislations and other administrative and judicial measures/actions including but not limited to local legislations
Strategic Indicators Medium Target Annual Targets New legislations are harmonized with existing national and local legislations consistent with the ICCPR
Enactment of national legislation related to civil and political rights, as well as ordinances at the local level
2012- advocacy and lobbying up to the 1st and 2nd readings 2013- advocacy and lobbying up to deliberation 2014- advocacy and lobbying up to passage and adoption of Implementing Rules and Regulations (IRR) 2015- Implementation
Thematic Objective 2: To enhance the institutional remedies and multi-stakeholders commitments to put an end to alleged impunity
Strategic Indicators Medium Targets Annual Targets (a) Decrease in the
percentage of unresolved cases involving killings of media and political activists;
(b) Coordinated inter-agency and multi-stakeholder mechanisms on the investigation and prosecution of political killings, enforced disappearance, trafficking, terrorism and torture
(c) Legislation and functional
Functional investigative mechanism resulting in 80-90% prosecuted cases on ELK, ED, trafficking and terrorism
2012-2013- Institute effective investigative mechanisms in place 2012-2016- 25% decrease in ELK, ED, trafficking and terrorism cases 2012-2016- 25% prosecuted cases on ELK, ED, trafficking and terrorism cases
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mechanism to hold liable non-State actors, such as rebel groups for human rights violations
Thematic Objective 3: To set up a multi-stakeholder, coordinated performance accountability and monitoring system on the compliance of the government with implementation of the ICCPR
Strategic Indicators Medium Target Annual Targets Intra- and inter-pillar performance accountability and monitoring system
Performance of Access to Justice especially as it benefits the poor and the marginalized sectors
Enhanced performance promoting mechanism for Access to Justice
Thematic Objective 4: To establish mechanisms and strengthen existing measures on International Humanitarian Law (IHL) and Rule of Law (ROL).
Strategic Indicators Medium Target Annual Targets (a) Country-level
index of ROL (b) Number and
proportion of trained military and police on IHL and ROL
(c) Number and proportion of marginalized vulnerable and disadvantaged groups accessing the justice system and other alternative dispute resolution systems
(d) Local government commitments on the functionality of local mechanisms addressing human rights
Enhancement of the terms of engagement and monitoring system on IHL and ROL compliance and at least 70-80% of the military and law enforcers are capacitated on IHL and ROL
2012-2015 – At least 30% of the military and law enforcement agency personnel trained on IHL and ROL annually 2012-2016- Updating and monitoring of the terms of engagement incorporating the provisions of the Rome Statute
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SECTION 4 Program of Action
Through the PHRP II, the Philippine government shall give priority to the enactment of legislations consistent with human rights standards and conventions and to the advancement of human rights protection at all levels. The steps to be taken shall involve the conduct of sectoral, national, and local consultations with duty-bearers and claimholders to define the rights protected under the ICCPR; the conduct of studies on proposed legislations to countercheck for duplication of laws and to identify gaps; and the conduct of treaty monitoring and report preparation as part of State obligation.
Another priority is to popularize the ICCPR among duty-bearers, as well as
the claimholders. As an initial step, studies, regular dialogues, and workshops on civil and political rights shall be conducted nationwide. Also to be undertaken are trainors’ training on ICCPR and HRBA for duty-bearers and claimholders, information dissemination programs and projects, workshops, symposia, conferences, public hearings, and other activities.
Table 2.3 presents the breakdown of programs and projects categorized
by thematic objective, with specifications on coverage, responsible stakeholders and outputs matched accordingly with the medium and annual targets. (Please refer to Table 2.3 below).
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Table 2.3: Programs/ Activities/ Projects
Thematic Objective No.1 – To mainstream international human rights standards to domestic norms through the enactment of laws and to work for the hamonization of enacted legislations and other administrative and judicial measures/actions including but not limited to local legislations
Performance Targets Programs/ Activities/ Projects
Coverage Responsible Stakeholders Target Date/s
Expected Outputs Medium Targets
Annual Targets Duty-Bearers Claimholders
Enactment of national legislation related to civil and political rights, as well as ordinances at the local level
2012 – Advocacy & Lobbying up to 1st & 2nd reading 2013 – Advocacy & Lobbying up to Deliberation 2014 – Advocacy & Lobbying up to passage & adoption of IRR 2015-2016 –Implementation
Joint conduct of empirical studies to support proposed legislation
Update of
databank containing all human rights law
Advocacy for the
passage of a law defining and criminalizing EJK/ELK
Advocacy for
passage of local ordinances on efforts to stop ELK
National/ Local National/ Local National/ Local Local
Congress (House of Representatives and the Senate) LEDAC Congress Congress DILG
Women Children Youth Prisoners &
detainees Indigenous
Peoples Migrant
Workers Persons with
Disabilities Elderly Public &
private Labor Informal
Labor Displaced
persons Victims of
Disappearance & their Families
Rural Workers Miners
1st Quarter of 2012 1st Quarter of 2012 Semestral of 2012 Quarterly of 2012-2016
Policy study Updated databank of national legislation Organized lobby groups Local ordinances passed and implemented
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Performance Targets Programs/ Activities/ Projects
Coverage Responsible Stakeholders Target Date/s
Expected Outputs Medium Targets
Annual Targets Duty-Bearers Claimholders
Conduct review of proposed bills as to ICCPR compliance Organization of relevant Lobby groups of affected/concerned sectors
National
DOJ, DFA, PHRC & CHRP
Submission of position papers/ comments to Congress/ Senate
Training-Workshop on the Legislative Process, Lobbying and the Human Rights Based Approach to
National/ Local
CHRP PHRC
General Public 3rd quarter of every year 2012-2016
25% of legislative officers trained each year Local: one Trainors-Training on the first
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Performance Targets Programs/ Activities/ Projects
Coverage Responsible Stakeholders Target Date/s
Expected Outputs Medium Targets
Annual Targets Duty-Bearers Claimholders
Legislation and Policy Development
year of 2012 National: 4 pilot areas in the NCR, Luzon, Visayas and Mindanao for each year 2013-2016
Advocacy for the Signing and/or Ratification of New Treaties and/or Human Rights Instruments
National DFA DOJ PHRC CHRP
General Public Quarterly of 2012
Champions of congress identified
Thematic Objective No.2 – To enhance the institutional remedies and multistakeholders commitments to put an end to alleged impunity
Performance Targets Programs/ Activities/ Projects
Coverage Responsible Stakeholders Target Date/s
Expected Outputs Medium Targets
Annual Targets Duty-Bearers Claimholders
Functional investigative mechanism resulting 80-90% prosecuted cases on ELK, ED, trafficking and terrorism
2012- 2013 – Institute effective investigative mechanisms in place
Continuing conduct of public awareness activities on ELK
National/Lo cal
PNP,DOJ, CHRP,DILG, DND NBI, local officials and other concerned Inter-Agency Body/ies
Women Children Youth Prisoners &
detainees Indigenous
Peoples Migrant
Workers Persons with
Quarterly 2012
Number of fora, symposia training conducted; Increase in the number of whistleblowers and increase in the number of cases filed in courts by 10%
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Thematic Objective No.3 – To set up a multi stakeholder coordinated performance accountability and monitoring system on the compliance of the government with the implementation of the ICCPR
Performance Targets Programs/ Activities/ Projects
Coverage Responsible Stakeholders Target Date/s
Expected Outputs Medium Targets
Annual Targets Duty-Bearers Claimholders
Performance of access to justice especially of the marginalized, vulnerable and disadvantaged sectors
Enhanced performance promoting mechanism for Access to Justice
Conduct of public awareness activities Integration of access to justice into the
National/ local National
DOJ, DSWD, DILG, SC, LGUs, PhilJa, Alternative Law Groups DOJ
General Public, poor, vulnerable and disadvantaged sectors General Public
Quarterly 2012 Quarterly 2012
Training for police prosecutors, PAO, judges, court personnel, social worker and brgy. officials Prosecutor’s Manual of Policy and Rules
2012-2016 – 25% decrease in ELK, ED, trafficking and terrorism cases 2012-2016 – 25 % prosecuted cases on ELK, ED, trafficking and terrorism cases
Capacity building for law enforcers Establishment & enforcement of performance Accountability System (sanctions & rewards scheme)
National/ Local National
DOJ DILG Task Forces of different National Government Agencies (NGAs)
Disabilities Elderly Public &
private Labor Informal
Labor Displaced
persons Victims of
Disappearance & their Families
Rural Workers
Quarterly 2012 Quarterly 2012
High performance level of inter-agency bodies Performance Accountability System Inter-agency Collaboration Agreement Agency-Bound Performance Report
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Performance Targets Programs/ Activities/ Projects
Coverage Responsible Stakeholders Target Date/s
Expected Outputs Medium Targets
Annual Targets Duty-Bearers Claimholders
prosecutors’ manual of policies and rules Strengthening of existing monitoring mechanism at the local level
Local
DOJ, LGUs, Alternative Law Groups
Marginalized, vulnerable and disadvantaged sectors
Quarterly 2012-2016
updated Performance score board for Access to Justice
Thematic Objective No.4 – To establish mechanisms and strengthen existing measures on the International Humanitarian Law (IHL) and Rule of Law (ROL)
Performance Targets Programs/ Activities/ Projects
Coverage Responsible Stakeholders Target Date/s
Expected Outputs Medium Targets
Annual Targets Duty-Bearers Claimholders
Enhancement of the terms of engagement and monitoring system on IHL compliance and measures on IHL and ROL and at least 70-80%of the military and law enforcers are capacitated on IHL and ROL
2012-2015 – At least 30% of the military and law enforcement agency personnel trained on IHL and ROL annually 2012-2016 – Updating and monitoring of the terms of engagement incorporating the provisions of the Rome Statute
Continuing HR advocacy at the LGUs
Local LGUs, AFP, DND, DILG, CSO & NGO
Constituents at the grassroots
Semestral 2012-2016
Institutionalized HR promotion and protection in the LGUs Mainstreamed HRBA in the policy development, program plans, activities and services in local governance
Institutionalization National State actors General Public 2012 -2016 Guidelines on the
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Performance Targets Programs/ Activities/ Projects
Coverage Responsible Stakeholders Target Date/s
Expected Outputs Medium Targets
Annual Targets Duty-Bearers Claimholders
of guidelines on the implementation of HRET
and Regional
and non- state actors
implementation of HRET for law enforcers
Mainstream IHL and ROL in the existing HRETP of the government agencies and academies
National AFP, DND and DILG
General Public Semestral 2012
Revised HRETP programs
Pilot testing, adoption and enforcement of revised graduated curricula on HR-IHL education for the AFP, law enforcement, security and intelligence units
National AFP, PNP, DND, DILG, BJMP, NBI, PDEA and LGUs
General Public Quarterly 2012 20% of all law enforcement officers and agents of covered agencies
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Section 5 Linkages with Other Development Initiatives
and Plans
Under Chapter 7 on Good Governance and the Rule of Law chapter of the 2011-2016 Philippine Development Plan (PDP), specific strategies, reforms and proposed instruments to address issues and challenges confronting the criminal justice system, with emphasis on handling ELKs and EDs, have been identified. Specific complementary measures identified in the PDP include the re-filing of bills on ELK and ED such as HB No. 566 (Stiffer penalties for ELK); HB Nos. 1748, 2591, 3002 (designating crimes against IHL; HB No. 2263 (Involuntary Disappearance Act), and SB Nos.1427 and 983 (bill on command responsibility)
1. Strengthen the Oversight Bodies
a) Expand Office of the Ombudsman powers. The powers of
the OMB shall be expanded to include examination of bank accounts, and the establishment of witness protection and benefits program under the office. The compensation and benefits for OMB employees themselves should likewise be enhanced, specifically, their exemption from the salary standardization law, ranking , retirement benefits (survivorship), and special allowances for lawyers; and
b) Pursue the passage of a charter for Commission on Human
Rights of the Philippines (CHRP). Enable CHRP to perform its oversight monitoring function as an independent national human rights institution in relation to Philippine government’s compliance with the international human rights treaties to which it is a State party.
2. Effective and Speedy Resolution of Cases in Courts and Quasi
Judicial Bodies
a) Improve investigative abilities of law enforcement units, especially the NBI. A greater availability of science-based evidence for law enforcers in order to enhance the quality of final judicial outcomes. This will be attained through the establishment of world-class forensic laboratories in major regional centers and cities;
b) Rules for preliminary investigation shall be re-studied and
codified to expedite resolution of cases;
c) Formulate policy and guidelines in the determination of probable cause. The policy and guidelines on the elements and parameters of probable cause should be issued based on laws and jurisprudence to avoid the frivolous filing of cases and to reduce the currently high rate of dismissed cases. In this way, courts can focus on resolving high-impact cases while avoiding delays;
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d) Strictly implement the reglementary period provided for by the rules on resolution of cases. Timelines in the disposition of cases should be re-studied, strictly monitored and complied with. Delayed resolution of cases not only wastes limited government resources but also harms the interest of all parties involved in the dispute;
e) Establish a case-monitoring system covering the entire
justice system. A justice system infrastructure should be established to be able to comprehensively monitor the progress of cases from one agency to another. The system will interconnect existing case-monitoring systems for efficient and effective case management - such as the Warrant of Arrest Information System (WAIS) of the PNP; the CDIS of the NBI; the electronic Prosecution Case Management of the DOJ; The Judiciary Case Management System (JCMS) of the Supreme Court; and the Inmate Information System of the Bureau of Corrections, the Board of Pardons and Parole, and the Parole and Probation Administration. An effective monitoring system enforces accountability among service providers and thus encourage them to resolve their cases within the timelines provided by existing rules;
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SECTION 6 Human Rights Capacity Building Plan
The PHRP II process consists of the following stages: preparation, development, implementation, and monitoring and review. The duty-bearers and the claimholders have their respective responsibilities in all stages.
Both the duty-bearers and the claimholders are required to have:
(a) adequate understanding of the Convention (ICCPR); (b) familiarization with previous ICCPR country reports as well as with other related development plans of the government; (c) knowledge on human rights-based approach (HRBA); and (d) skills on networking with other relevant agencies and organizations. Of similar importance would be the duty bearer’s knowledge in: (a) rights-based policy formulation; (b) rights-based programs/ projects development; (c) human rights indicators setting and monitoring; (d) networking; (e) rights-based monitoring and evaluation system, techniques and tools; (f) rights-based programs/projects review; and (g) human rights reporting skills.
However, capability gaps and weaknesses have been identified,
namely: (a) limited knowledge on the Convention (ICCPR); (b) uneven distribution of work among the staff and problem on work attitude; (c) lack of time; (d) unfamiliarity with applicable human rights standards and indicators; (e) lack of experience on rights-based approach application; (f) lack of experience and capacity in ICCPR compliance monitoring and projects/ programs monitoring; and (g) inadequate skills in rights-based monitoring and evaluation.
To overcome these gaps and weaknesses, programs on capacity
building have been lined-up for both the duty-bearers and the claimholders. These, among others, would include: (a) a series of orientations and study circles; (b) familiarization on UN Self Assessment Study and other initiatives, including the Millennium Challenge; (c) strict implementation of their respective designation orders and commands; (d) trainings and seminars on the Convention (ICCPR) and the human rights-based approach (HRBA); (e) conduct of coaching sessions on the application of human rights and rights-based approach; and (f) establishment of a monitoring and evaluation system for the Convention (ICCPR) and the PHRP II projects/programs.
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Table 2.4: Human Rights Capacity Building Plan
Thematic Participants Objective/s
Education and Training Activity/ies
Coverage Target Thematic Participants Responsible Parties
Expected Outputs Duty-bearers Claimholders
1. To mainstream international human rights standards to domestic norms through the enactment of laws as well as for the harmonization of enacted legislations and other administrative and judicial measures/ actions including but not limited to local legislations 2. To enhance the institutional remedies and multistakeholders commitments to put an end to alleged impunity
Series of orientation & study circles ICCPR, IHL, ROL and HRBA Trainors’ Training on ICCPR and HRBA
National/local National Local
Congress CHRP DOJ DFA PHRC PNP,DOJ,CHRP, DILG, DND NBI, local officials and other concerned Inter-Agency Body/ies
Vulnerable groups Vulnerable groups
PHRC DOJ Congress DOJ PHRC DILG CHR
25% of legislative officers and other government officials are trained 25% of all officers in covered agencies trained
3. To set up a Trainors’ National DOJ, DSWD, NGOs DSWD At least 3
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Thematic Participants Objective/s
Education and Training Activity/ies
Coverage Target Thematic Participants Responsible Parties
Expected Outputs Duty-bearers Claimholders
multi stakeholder coordinated performance accountability and monitoring system on the compliance of the government with the implementation of the ICCPR
Training on access to justice
Local
DILG, SC, LGUs, PhilJa, Alternative Law Groups
CSOs DOJ PhilJa PHRC
trained trainors per agency and at least 2 per region
4. To establish mechanisms and strengthen existing measures on the International Humanitarian Law (IHL) and Rule of Law (ROL)
Trainors’ Training on IHL and ROL
National Local
DND AFP DILG
NGOs CSOs
AFP DILG PHRC
At least 3 trained trainors per agency and at least 2 per region
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SECTION 7 Coordination and Management Plan
To ensure effective and efficient implementation of the plan, particularly this Chapter, the different coordinative mechanisms are listed below:
the Judicial Executive Legislative Advisory and Consultative
Council (JELACC) for human rights public policies that would require the cooperation of the representatives of the three branches of government on measures or matters affecting the primacy of the rule of law and strengthening due process and the institutions of justice, and better implementation of the laws;
the Legislative and Executive Development Advisory Council
(LEDAC) for human rights public policies and programs requiring consistency in coordinating development Planning and congressional budgeting as well as effective integration of programs and projects requiring close coordination with relevant other sectors;
the creation of different Interagency Committees to be led by
the accountable agencies in each thematic objective but if two or more accountable agencies have been identified, any of such agencies or both may take the lead. The composition of each committee shall be identified by the responsible/ coordinating agency; and
the creation of a Task Force or a Project Implementing Team, if
there is a need to undertake a particular plan, program, or action within a specified period. This Task Force or Team shall likewise be headed by the identified accountable agency, or agencies, as may be identified. If the head agency has not been named, then one agency among the identified responsible/cooperating agencies shall lead the Task Force or Team.
These Committees, Task Force, and/or Project Implementing Team
shall be under the close supervision of the lead agency, i.e., the DOJ for the ICCPR thematic cluster. In effect, regular reporting on the progress of each Plan, program, and action must be submitted to this Department.
Respective sources of mandates, such as but not limited to, Executive
Orders, Administrative Orders, Memoranda of Agreement, and Memoranda of Understanding shall be issued for the operation of the Committees, Task Force, or Project Implementing Team.
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Table 2.5: Coordination and Management Arrangements
Thematic Objective
Committees/Task Force/Project Implementing Team
Head Members 1.Mainstream international human rights standards to domestic norms through the enactment of laws as well as to work for the harmonization of enacted legislations and other administrative and judicial measures/actions including but not limited to local legislations
DOJ/DFA/ Joint House and Senate Working group/LGUs
DFA-UNIO PHRC DILG DOJ LGUs
2.To enhance the institutional remedies and multi-stakeholders commitments to put an end to alleged impunity
DOJ/AFP/DILG/PNP/ LGUs
Task Force Usig/Task Force Political Violence/DOJNPS/ PCTC/ Chief Local Executives/ PAHRA/FIND
3. To set up a multi-stakeholder, coordinated performance accountability and monitoring system on the compliance of the government with implementation of the ICCPR
DOJ/Ombudsman/Supreme Court
Supreme Court/DOJ-NPS/ Law Enforcement Agencies/LGUs/COA/ AMLC
4. To establish mechanisms and strengthen existing measures on International Humanitarian Law and observance of the Rule of Law
DOJ/Supreme Court
DFA/PHRC/Ombudsman
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SECTION 8 Resource Generation and Mobilization Plan
The identified programs, activities and projects (PAPs) in the ICCPR Chapter shall be incorporated in the usual government agency plans and programs of the concerned agencies, as well as in the next Philippine Development Plan (PDP). This is to ensure the allocation of necessary funds by the Department of Budget and Management (DBM) and the Congress. Other funds and resources shall be generated from donor agencies such as international, regional, and national institutions.
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Table 2. 6: Resource Mobilization Plan
PHRP PROCESS PROGRAMS/PROJECTS ACTIVITIES
NEEDING FUNDING SUPPORT
AREA COVERAGE
PROJECTED TOTAL FUNDING REQUIREMENTS
FOR 5 YEARS
POTENTIAL SOURCES
MOBILIZATION ACTIVITES
Preparatory Preliminary consultations & cluster meetings
National P10,000 per meeting twice a month
PHRC
Development Conduct of sectoral, national & local consultations involving duty bearers and claimholders Conduct of Trainors’ Training on ICCPR & HRBA for duty bearers & claimholders - HRBA selection - Access to Justice
National P5,000,000 (P120,000) (P500,000 for each trainers training) = P2,000,000
UNDP Asia Foundation
Donor’s Forum
Implementation Conduct of studies to support proposed legislations Conduct of treaty monitoring, report preparation & dissemination Conduct of information dissemination programs/projects Conduct of workshops, symposia, conferences, public hearings, etc. Conduct of sectoral & local trainings (pilot sectoral) Drafting of legislation
National & local
P2,000,000 per treaty per year P1,000,000 P3,000,000 P5,000,000 P8,000,000
Asia Foundation UNDP EU New Zealand British Council Swedish Embassy GAA LGU Funds
Multi donor’s Forum Bilateral negotiations
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PHRP PROCESS PROGRAMS/PROJECTS ACTIVITIES
NEEDING FUNDING SUPPORT
AREA COVERAGE
PROJECTED TOTAL FUNDING REQUIREMENTS
FOR 5 YEARS
POTENTIAL SOURCES
MOBILIZATION ACTIVITES
Conduct of policy advocacy
Monitoring Conduct of monitoring & evaluation
National & local
P2,000,000/ treaty Asia Foundation UNDP EU New Zealand British Council Swedish Embassy
Multi donor’s Forum Bilateral negotiations
Review Conduct of mid & post review National & local
P2,000,000/ treaty Asia Foundation UNDP EU New Zealand British Council Swedish Embassy
Multi donor’s Forum Bilateral negotiations
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SECTION 9 Monitoring and Evaluation Plan
Part of the monitoring and evaluation stage is systematic collection of necessary data and information to track the progress of accomplishment of targets along the strategic indicators. This includes gathering of data for strategic indicators which lack baseline information.
The identified accountable agency, or agencies, shall collect, compile and disseminate information pertaining to the progress and development of each program, activities and projects (PAPs). Any constraint or limitation or hindrance in the completion of the PAPs shall likewise be identified for proper monitoring.
Quarterly reporting shall be submitted by the accountable agencies to the DOJ, as the head of the ICCPR Thematic Cluster, which in turn shall collate all the reports and submit these to the PHRC.
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Table 2.7: Monitoring and Evaluation Calendar
Monitoring and
Evaluation Activity
2011 2012 2013 2014 2015 2016
Baseline Study (1st Quarter) submission of
updated baseline
information
Periodic Monitoring
Quarterly Quarterly Quarterly Quarterly Quarterly
Annual Plan Review
(1st Quarter) Presentation of
Annual Accomplishment
Report of the ICCPR Chapter of the PHRP II
(1st Quarter) Presentation of
Annual Accomplishment
Report of the ICCPR Chapter of the PHRP II
(1st Quarter) Presentation of
Annual Accomplishment
Report of the ICCPR Chapter of the PHRP II
(1st Quarter) Presentation of
Annual Accomplishment
Report of the ICCPR Chapter of the PHRP II
(1st Quarter) Presentation of
Annual Accomplishment
Report of the ICCPR Chapter of the PHRP II
Studies (2nd Quarter) Conduct of necessary
studies included as PAPs in particular thematic
objectives
(2nd Quarter) Conduct of necessary
studies included as PAPs in particular thematic
objectives
(2nd Quarter) Conduct of necessary
studies included as PAPs in particular thematic
objectives
(2nd Quarter) Conduct of necessary
studies included as PAPs in particular thematic
objectives
(2nd Quarter) Conduct of necessary
studies included as PAPs in particular thematic
objectives Documentation (2nd Quarter)
Consolidation of monitoring
reports submitted by
(2nd Quarter) Consolidation of
monitoring reports
submitted by
(2nd Quarter) Consolidation of
monitoring reports
submitted by
(2nd Quarter) Consolidation of
monitoring reports
submitted by
(2nd Quarter) Consolidation of
monitoring reports
submitted by
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accountable agencies
accountable agencies
accountable agencies
accountable agencies
accountable agencies
Use of information
(2nd Quarter) Integration of
updated baseline
information into the ICCPR Chapter
(2nd Quarter) Integration of
updated baseline
information into the ICCPR Chapter
(2nd Quarter) Integration of
updated baseline
information into the ICCPR Chapter
(2nd Quarter) Integration of
updated baseline
information into the ICCPR Chapter
(2nd Quarter) Integration of
updated baseline
information into the ICCPR Chapter
M and E Capacity Building
(1st Quarter) Conduct of M
and E Capacity Building
Workshops for all identified accountable
agencies
(1st Quarter) Conduct of M
and E Capacity Building
Workshops for all identified accountable
agencies
(1st Quarter) Conduct of M
and E Capacity Building
Workshops for all identified accountable
agencies
(1st Quarter) Conduct of M
and E Capacity Building
Workshops for all identified accountable
agencies
(1st Quarter) Conduct of M
and E Capacity Building
Workshops for all identified accountable
agencies Evaluation Midterm
Evaluation Post Evaluation
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