International Covenant on Civil and Political Rights (ICCPR) Accomplishment Report 2nd Philippine Human Rights Plan

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Accomplishment Report on the Implementation on the ICCPR Thematic Chapter
2nd
Philippine Human Rights Plan 2012-2016
Thematic Objective No.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
BILLS Title Status
 SB 2418/ Senate
Joint Resolution No.
10
An Act Extending the
Deadline to File Claims
under the Human Rights
Victims Reparation and
Recognition Act of 2013 or
RA 10368
Extension of period within
which claims of human
rights victims reparation
under RA 10368 may be
filed is APPROVED
 SB
479/440/1367/2087
SB 10 /HR 16
An Act Strengthening the
Functional and Structural
Organization of the
Commission on Human
Rights, and for other
purposes
Technical Working Group
Hearing (Committee on
Human Rights)
 HB 4714
 PSR 759, 760, 763
An Act Prohibiting Hazing
and Regulating Other
Forms of Initiation Rites of
Fraternities, Sororities, And
Other Organizations,
Repealing for the Purpose
Republic Act No. 8049,
and providing Penalties for
Violation Therefor
Technical Working Group
Hearing (Committee on
Revisions of Law)
 SB 2080
SB 276
SB 809
Death Penalty Pending

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 62 SBN 2368
 HBN 4744
(HB
3146;239;2247;3003;3146)
An Act Protecting the
Rights of Internally
Displaced Persons and
Penalizing Acts of Arbitrary
Internal Displacement
For deliberation (Committee
on Justice and Human
Rights)
 PSR 661, 1049 Torture Pending
 HB 2401 An Act Establishing a
National Preventive
Mechanism Against Torture
in the Philippines
Committee on
Appropriation
(Committee on Human
Rights)
 SB 129
 SB 812
International Protected
Persons SB 812
Pending
 SB 809 An Act Prescribing a Higher
Penalty for Persons in
Authority as Accessories,
Who Directly Cause or
Order the Destruction or
Concealment of Vital
Evidence for Heinous
Crimes, Amending for the
Purpose Article 19 of the
Revised penal Code
For deliberation
(Committee on Justice and
Human Rights)
 HB 636, 4164 An Act Including the Fact of
Intoxication and the
Presence of Non-Resident
or Alumni Fraternity
Members During Hazing as
Aggravating Circumstances
to Increase Applicable
Penalties, Amending for the
Purpose RA 8049, also
known as the Anti-Hazing
For deliberation
(Committee on Revision of
Laws)

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Law
 HB 823, 1332, 3005
 SB 422, 25
An Act Providing for the
Special Protection of
Children in Situations of
Armed Conflict and
Providing Penalties for
Violations Thereof
Pending (Committee on
Youth, Women and Family
Relations)

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Thematic Objective No.2 – To enhance the institutional remedies and multi stakeholders commitment
to put an end to alleged impunity
On 22 November 2012, Administrative Order No. 35, (Creating the Inter-agency Committee on Extra Legal Killings,
Enforced Disappearances, Torture and Other Grave Violations of the Rights to Life, Liberty and Security of Persons) was
signed by the President resulting in the creation of “superbody” composed of high level representatives from the Department of
Justice (DOJ), the Departments of the Interior and Local Government (DILG) and National Defense (DND), the Offices of the
Presidential Advisers on the Peace Process (OPAPP) and Political Affairs (OPAPA), Armed Forces of the Philippines (AFP),
Philippine National Police (PNP), National Bureau of Investigation (NBI) and Presidential Human Rights Committee (PHRC).
The Inter-Agency Committee has been regularly convening as such committee since January 2013.
The Constitutional offices of the Ombudsman and Commission on Human Rights (CHR) also sit as observers or
resource persons in said Committee.
The Operational Guidelines providing for the implementing rules and regulations of A.O. No. 35 was crafted, approved
and signed by the members of the IAC last April 2013. It created several structures including the Inter-Agency Committee
(IAC), Technical Working Group (TWG), Secretariat, Special Investigation Teams and Special Oversight Teams. It also created
the Special Tracker Teams considering the alleged big number of accused in cases covered by A.O. No. 35 who are fugitives
from justice.
The IAC adopted an operational definition of extra-judicial killings (EJK or extra-legal killings (ELK) to refer to killings by
either state or non-state agents wherein the victim was affiliated to a political, environmental or similar cause-oriented
organization (or that he can be an advocate of such causes) where the victim was deliberately targeted and killed because of
the actual or perceived membership, advocacy or profession.
Said definition effectively expanded the traditional meaning of EJK such that A.O. No. 35 does not only focus on killings
of political activists but increased the scope of protection to include advocates or those perceived to be involved in any
advocacy which may include but not limited to political, environmental, agrarian or labor causes.

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The A.O. No. 35, it may be stressed, secures a paradigm shift that will encourage prosecutors to take a more pro-active
approach as early as the investigation level which is anticipated to help ensure a higher conviction rate on cases involving
egregious human rights violations.
As of date, an inventory of cases covering the period of 2001 to 2015 under AO35 shows two hundred fourteen
(214) incidents of EJK/ELK, one hundred one (101) of which were categorized as priority cases, from a universe of five
hundred eighty-five (585) reported cases.
Listed below is the summary of EJK/ELK cases since 2001:
Year Number of cases
2001 2
2002 5
2003 12
2004 13
2005 31
2006 41
2007 16
2008 17
2009 19
2010 26
2011 11
2012 11
2013 0
2014 10
2015 0
Total 214
Undeniably, there has been a dramatic decline in EJK/ELK incidents during the Aquino administration, which was
validated by the Commission on Human Rights.
Please find below the break-down of the two hundred fourteen (214) cases:

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Status Number of cases
Pending Trial 34
Pending Preliminary Investigation
6
Conviction 7
Acquittal 6
Dismissed 40
Provisionally Dismissed 10
Archived 67
Case Build Up 35
Death of Suspect 1
Recommended to be Delisted -
Recommended for Closure 8
TOTAL 214
On media killings, during the period of 2001- 2015, the IAC has validated sixty (60) incidents of work-related media
killings, from a universe of one hundred twenty-two (122) reported cases.
Listed below is the summary of media-related killings since 2001:
Year No. of cases
2001 4
2002 2
2003 5
2004 7
2005 5
2006 5
2007 3
2008 5
2009 3
2010 4
2011 5
2012 2

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2013 7
2014 3
2015 0
Total 60
Below is the break-down of the sixty (60) cases, for easy reference:
Status Number of Cases (from 12 May 2013 to 8
June 2015)
Under Police/NBI Investigation 13
Preliminary Investigation 3
Pending Trial 14
Terminated/Concluded, resulting in:
Convictions 11
Acquittals 5
Dismissed by Court 4
Provisional Dismissal 1
Archived 5
Death of Suspect/Accused 3
Recommended for Filing by SIT 1
Total 60
Note that the conviction rate on media-related killings was increased to eleven (11) from ten (10) last year, in view of
the recent conviction of Eric Vargas involved in the killing of Miguel Belen, a volunteer reporter of DWEB FM. On 5 February
2015, court convicted Vargas and sentenced him to life imprisonment.
On Enforced Disappearance (Period covered: 2002-2015), the PNP-Task Force Usig, CHR and OPAPP have
submitted one hundred thirty seven (137), twenty-seven (27) cases, out of 138 referred incidents, were validated as AO35
enforced disappearance cases. Out of twenty-seven (27) cases, fourteen (14) cases were assigned to SITs, three (3) cases
are pending trial before the Regional Trial Courts. The case of Jonas Burgos is included and presently being monitored by the
SOT nine (9) cases for assignment to SITs and one case (1) case was dismissed by the court.

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On Torture (Period covered: 2008-2015), there were ninety three (93) cases referred by the CHR and two (2) cases
from Amnesty International. From this, a total of fifty-six (56) cases were deemed to be torture incidents under the AO35
list. The alleged torture case, involving minors during the 2013 Zamboanga siege was already referred to the SIT with
recommendation that it is for filing, however, in order to strengthen evidence for the purpose of securing conviction, SOT
recommended that SIT has to gather more evidence.
The cases referred by the CHR were deliberated with caution, considering that some of the reported incidents transpired
prior to the enactment of Republic Act No. 9745, which is the Anti-Torture Act of 2009 and the alleged perpetrators are state
agents.
On other grave human rights violation (Period covered: 2015), as of May, 2015 the AO35 TWG has processed
seven (7) cases referred by the Office of the Presidential Adviser on Peace Process (OPAPP) From these, one (1) case
was approved by the IAC as violation of R.A. 9851. This case was referred to as the La Castellana incident wherein seven
(7) civilians and two (2) policemen were killed, also nine (9) civilians were wounded.

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Thematic Objective No.3 – To set up a multi-stakeholder, coordinated performance accountability and monitoring
system on the compliance of the government with implementation of the ICCPR
The Committee for the Special Protection of Children was created in 1995 through Executive Order No. 275 as a follow
through mechanism of Republic Act No. 7610 otherwise known as the Anti-Child Abuse, Exploitation and Discrimination Act.
To strengthen the Committee, Executive order 53 was issued in 2011 expanding its membership and involving more agencies
and stakeholders in the fight against child abuse, exploitation and discrimination. Its main function is to report to the President
actions taken to address specific issues on child abuse and exploitation brought to its attention.
CSPC
Objectives
for 2014
Desired Results
Major Policy and
Program
Intervention
Key Activities
Challenges/Issues
/Concerns
2015 Plans and
Targets
Source
of
Funds
KRA 1: By
2016, an
improved and
comprehensi
ve child
protection
data base
and
monitoring
system is in
place at
national and
local levels to
inform policy
formulation
and
programme
development.
 Development
of Child
Protection
Policy (CPP)
 Two-day workshop
on the Development
of a Child Protection
Policy (CPP) at the
Kimberly Hotel,
Pedro Gil, Manila on
2-3, April 2014 with
19 participants
coming from 10
member-agencies of
CSPC.
CSPC

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KRA 2: By
2016, all
existing child
protection
laws are
effectively
and
consistently
enforced at
national and
local levels
and current
gaps in
legislation are
addressed.
KRA 3: By

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2016, child
protection
structures
and systems
are
operational
and
effectively
functioning at
various
levels.
3.1 The
protocols on
case
manageme
nt of child
victims of
abuse,
neglect,
violence
and
exploitation
are finalized
and
consistently
used by the
pillars of the
justice
system and
all other
service
providers.
 Multi-
disciplinary
Team (MDT)
Training on the
Protocols for
Case
Management of
children
Victims of
Abuse, Neglect
and
Exploitation
Conducted 3 batches of
MDT Trainings
 1st
Batch - July 21-25,
2014 at San Antonio
Resort, Roxas City
with seventy nine (79)
participants.
 2nd
Batch - August
12-13, 2014 at Ormoc
Villas, Ormoc City
with forty six (46)
participants
 3rd
Batch - October
14-15, 2014 at Sabin
Resort, Ormoc City
with partners Child
Protection Network
and UNICEF with
forty seven (47)
participants.
Four (4) MDT training
batches
Unicef
Unicef
Unicef

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RA 4: By
2016,
appropriate
and quality
basic and
protective
services are
provided to
all children in
need of
special
protection
without
discrimination
.
 Setting up
Child Friendly
Parishes
 Basic Orientation
Seminar for Priests,
Parish Leaders and
Volunteers Towards
Building a Child-
Friendly parish held
at San Jose, Antique
on Feb. 10-12, 2014
with 37 participants
from 5 parishes of
Antique.
 3 day Basic
Orientation Seminar
for Parish Leaders,
volunteers, MENSA
DOMINI Sisters and
Associates on
Building a Child-
Friendly Parish
conducted on April 9-
11, 2014 at San
Jose, Antique with 67
participants from 5
parishes of Antique
and the MENSA
DOMINI Sisters.
 Come up with a
Comprehensive
Plan for Child
Protection
(CPCP)
Localization
Guide
CSPC
CSPC
KRA 5: By
2016, a
counter
 Anti-Online
Child Abuse
 With the
Convergence of
 Sustainability of
the Public-
 Advocacy Plan
to stop Child

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culture of
care and
protection
permeates
through the
major social
institutions
(family,
church,
school,
government)
and the
larger society
– against the
prevailing
culture of
abuse,
violence and
exploitation.
Councils and
Committees re:
Global Alliance:
Online Child Abuse,
Spearheaded the
conduct of the
following:
 Assessment and
Planning
Workshop - May
8-9, 2014 in
Tagaytay City
with 32
participants from
government and
non-government
organizations
 Public-Private
Roundtable
Dialogue on Child
Sexual Abuse
Online on October
29, 2014, at the
Ascott Makati
Hotel, Makati City
with forty five (45)
attendees.
Private
partnership
Sexual Abuse
Online
IACAT
IACAT
For further information, please find enclosed copy of the CSPC report for related information.

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Thematic Objective No.4 – To establish mechanisms and strengthen existing measures on international humanitarian
law (IHL) and rule of law (ROL)
This Department supported the ratification of the following IHL treaties: a) Protocol Additional to the Geneva Convention
of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol 1), which we believe
would allow for a better protection of Filipino soldiers in case they are deployed abroad for peacekeeping and other military
operations in the course of an international armed conflict; and b) Convention for the Protection of Cultural Property in the
Event of Armed Conflict and its Protocol. No to mention the the ratification of the Rome Statute on International Criminal Court
in 2012.