---------- Forwarded message ----------
From:
Analisa Ugay <
lizapeac...@gmail.com>
Date: Fri, Feb 8, 2013 at 1:58 PM
Subject: IDP Press Statement
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BALAY
Rehabilitation Center,Inc.
P.O Box 1075, Quezon City Central Post Office 1100 Philippines
Telephone Nos.: (632) 921-6301; 426-3825; 929-8054 / TeleFax: (632) 921-6301
Congress ratifies law that protects displaced persons in the Philippines
The law that recognizes and protects the rights of persons who are at risk of or are victims of internal displacement in the Philippines has been ratified by the House of Representatives
(HoR) during its plenary session last February 6, 2013. The HoR made this move two days after the Senate passed its version of the legislative measure with a vote of 20 and zero abstention on February 4.
President Aquino is expected to sign the document within 30 days for it to become a Republic Act.
Known popularly as the Internal Displacement Act, the measure provides the most comprehensive legal protection for internally displaced persons or IDPs in line with the standards set
by the United Nations Guiding Principles on Internal Displacement (UNGPID) and other tenets of human rights law and international humanitarian law.
Internal displacement is one of the most palpable humanitarian issues which results from the protracted armed conflicts and the recurrent episode of natural disasters in the Philippines.
The IDP Law seeks to protect “ individuals who are forced or obliged to flee or to leave their homes or places of habitual residence as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human
rights or natural or human-made disasters and have not crossed an internationally recognised State border.”
Records from the UN High Commissioner on Refugees (UNHCR) has shown that more than 280,000 individuals have been displaced in Mindanao in 2012 particularly in places where insurgency,
terrorism, and other forms of social violence have been remarkable.
“The passage of the IDP Law is an official recognition by the Philippine government of the gravity of the problem of internal displacement,” according to Balay Rehabilitation Center,
the civil society organization that spearheaded the lobby work that resulted in the legislative milestone. It pointed out that the legislative measure is a first of its kind in Asia and stands as among the few pieces of legislations around the world that
provides legal protection for IDPs.
“It is an acknowledgement by the state that internal displacement produces human suffering and impairs the enjoyment of human rights, security of persons and well being of the affected
population. It is an affirmation of the paradigm shift that declares protection of IDPs as state policy,” Balay said. It added that its significance can be seen in the following ways:
•
Provides broad definition and context of internal displacement: armed conflict, situation of generalized violence, land conflict, development aggression, and natural and human-made
disasters
•
Strengthens coordinated government humanitarian response
•
Counters the risk of policy discontinuance resulting from changes of public officials
•
Serves as an advocacy platform for civilian protection and durable solutions
•
Introduces a ‘rights-based’ standard in providing protection and assistance for IDPs
•
Promotes obligation and accountability of non-state actors under international humanitarian law and human rights law
Among the salient features of the IDP Law are the following:
•
Identifies rights of IDPs in all phases of displacement
•
Prohibits and penalizes acts of arbitrary displacement
•
Defers to the Disaster Risk Reduction and Management Law for relevant provisions pertaining to natural disaster
•
Sets out the responsibility of state agencies, including those in the local level
•
Promotes accountability of non-state armed groups under the international humanitarian law and the human rights law
•
Provides sanctions for violators and compensation for victims
•
Recognizes the rights of civilians to be informed and to participate in decision making in situations of displacement
•
Designates the CHR as focal agency to monitor, investigate, document, and assist IDPs in seeking redress
•
Creates a joint congressional oversight committee
•
Establishes an inter-agency coordinating committee to collect national data, prioritize release of funds of components agencies, monitor compliance and issue recommendations
(DSWD, DND, DILG, OCD/NDRRMC, NGO, Justice and Human Rights Committees)
Sen. Francis Escudero and Rep. Rene Relampagos were the principal sponsors of the bill when it passed both houses of Congress. “The IDP Law marks a milestone in the advocacy to strengthen
the national framework for civilian protection in the Philippines,” Analisa Ugay, the Balay Advocacy Officer, said. She lauded the participation of the IDPs themselves in the legislative campaign, saying that , “Thousands of civilians in conflict affected
communities in North Cotabato, Bukidnon, Maguindanao, CARAGA, Basilan and Sulo have signed petition letters asking lawmakers to pay attention to civilian protection.” She pointed out that some of them have even participated in public hearings and joined
dialogues with lawmakers, security forces, non-state armed groups, and political leaders.
“Many evacuees actually participated in the peace and humanitarian advocacies in Manila at the height of the government’s total war policy in 2000, the so-called Buliok Offensive in
2003, and in the aftermath of the crisis in the government-MILF crisis peace process in 2008,” Ugay added.
Balay also acknowledged its partners in the lobby efforts, such as the Commission on Human Rights, Mindanao Solidarity Network, Mindanao People’s Caucus, Civil Society Initiative for
International Humanitarian Law, Philippine Coalition for the International Criminal Court, among other organizations. International agencies that lend their invaluable support include the Misereor, Canada Fund, Peace Fund, UNHCR, and Oxfam.
“All things considered, the IDP Law may be considered as one of the few human rights laws in the Philippines that has been approved in a relatively short period of time,” according
to Ugay. Balay has been working with legislators and the human rights committees in the Congress and the Senate since 2004. Distinguished lawmakers have championed the IDP Bill in the last ten years. Among them were former Representative Etta Rosales (now
chair of the Commission on Human Rights), Rep. Lorenzo “Erin” Tanada, and the Mindanaon legislators Rep. Sen. Rufus Rodriguez and former Sen. Aquilino Pimentel Jr.