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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.
2
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).
3
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-
4
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.
5
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.
6
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
7
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
8
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
9
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
10
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
11
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)
12
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
13
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
14
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).
15
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
Representativ
es 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
16
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/concern
ed 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
17
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%
18
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
19
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
20
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
21
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;
22
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;
23
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.
24
25
Table 2.4: Human Rights Capacity Building Plan
Thematic
Participants
Objective/s
Education
and
Training
Activity/ies
Coverage Target Thematic Participants Responsible
Parties
Expected
OutputsDuty-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
26
Thematic
Participants
Objective/s
Education
and
Training
Activity/ies
Coverage Target Thematic Participants Responsible
Parties
Expected
OutputsDuty-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
27
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.
28
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
29
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.
30
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
31
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
32
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.
33
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
34
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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Chapter 2: ICCPR Chapter

  • 1. 1 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.
  • 2. 2 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).
  • 3. 3 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-
  • 4. 4 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.
  • 5. 5 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.
  • 6. 6 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
  • 7. 7 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
  • 8. 8 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
  • 9. 9 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
  • 10. 10 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
  • 11. 11 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)
  • 12. 12 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
  • 13. 13 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
  • 14. 14 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).
  • 15. 15 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 Representativ es 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
  • 16. 16 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/concern ed 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
  • 17. 17 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%
  • 18. 18 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
  • 19. 19 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
  • 20. 20 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
  • 21. 21 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;
  • 22. 22 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;
  • 23. 23 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.
  • 24. 24
  • 25. 25 Table 2.4: Human Rights Capacity Building Plan Thematic Participants Objective/s Education and Training Activity/ies Coverage Target Thematic Participants Responsible Parties Expected OutputsDuty-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
  • 26. 26 Thematic Participants Objective/s Education and Training Activity/ies Coverage Target Thematic Participants Responsible Parties Expected OutputsDuty-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
  • 27. 27 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.
  • 28. 28 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
  • 29. 29 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.
  • 30. 30 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
  • 31. 31 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
  • 32. 32 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.
  • 33. 33 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
  • 34. 34 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