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Ugnayang Bayan 2015 - International Covenant on Civil and Political Rights (ICCPR)
1.
2. PHILIPPINE HUMAN RIGHTSACTION PLANPHILIPPINE HUMAN RIGHTSACTION PLAN
International Covenant on Civil and Political RightsInternational Covenant on Civil and Political Rights
Hive Hotel and Convention CenterHive Hotel and Convention Center
Quezon CityQuezon City
6 November 20156 November 2015
3. ICCPR – A brief background
The Philippines:
Signed : 19 December 1966
Ratified : 28 February 1986
Submitted : 23 October 1986
Entered into force : 23 January
1987
4. DOJ Mandate
Administrative Order No. 163
“Strengthening and Increasing the Membership
of the Presidential Human Rights Committee,
and Expanding Further the Function of Said
Committee”
5. Section 3 – Functions and Duties of
the PHRC
a. To formulate the National Human Rights
Action Plan in accordance with international
human rights treaty obligations and to adopt
a “rights-based approach” in the formulation
of said plan.
b. To undertake the necessary measures that
will ensure its adoption and implementation
xxx xxx xxx
6. Identified Thematic Objectives
Thematic Objective 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
7. R.A. No. 10368 - “Human Rights Victims Reparation and
Recognition Act of 2013”
Senate Bill No. 2418 - "An Act Extending The Deadline To
File Claims Under The Human Rights
Victims Reparation and Recognition
Act of 2013 or Republic Act No.
10368”.
H.B. Nos. 238/1589/3016/2152 and SB Nos.
479/440/1367/2087/10 -
“Strengthening the Commission on
Human Rights and For Other
Purposes”
8. HB No. 4714 or the "Servando Act" – named after college
student Guillo Cesar Servando
who died after a hazing ritual on June 28
– repeals RA No. 8049 or the “Anti-Hazing
Law,” which only regulates hazing conducted by
fraternities, sororities, and other organizations
HB02401 – “An Act Establishing A National Preventive
Mechanism Against Torture in the Philippines”
9. Thematic Objective 2 - To enhance the
institutional remedies and multi
stakeholders commitment to put an end
to alleged impunity
10. AO 35
Administrative Order No. 35 –
“Creating the Inter-Agency Committee on Extra-
Legal Killings, Enforced Disappearances, Torture and
Other Grave Violations of the Right to Life, Liberty
and Security of Persons”
issued on 22 November 2012
11. Operational definition of EJK
Killings by either state or non-state agents
wherein the victim was a member of, or
affiliated with an organization, to include
political, environmental, agrarian, labor or
similar causes or is an advocate of above-
named causes and where the victim was
targeted and killed because of the actual or
perceived membership, advocacy, or
profession.
12. 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
13. The Committee for the Special Protection of
Children (CSPC) was created in 1995 through
Executive Order (EO) No. 275 as a follow
through mechanism of Republic Act No. 7610
otherwise known as the Anti-Child Abuse,
Exploitation and Discrimination Act.
14. Thematic Objective No.4 – To establish
mechanisms and strengthen existing
measures on international humanitarian
law (IHL) and rule of law (ROL)
15. a) Protocol Additional to the Geneva
Convention of 12 August 1949, and Relating
to the Protection of Victims of International
Armed Conflicts (Protocol 1)
b) Convention for the Protection of Cultural
Property in the Event of Armed Conflict and
its Protocol
c) Rome Statute on International Criminal Court
in 2012.
16. Challenges:
Hereunder are some of the major challenges and
constraints for AO35:
o Reluctance of assigned SITs to accept the funds
for investigation.
o Lack of equipments such as computers, internet
access and office furnitures.
o Non participation of designated TWG and
Secretariat members in the implementation of
AO 35 activities.
17. o Jurisdictional and conflict of interest issues of
designated AO 35 prosecutors due to lack of
appointed prosecutors.
o Lack of awareness of the Stakeholders about AO
35.
o Continuity of service/participation in the
investigation and prosecution of cases due to the
constant transfer of PNP, NBI and DOJ personnel.
o Lack of clear provision as to giving protection and
incentive to prosecutors and law enforcers handling
AO 35 case.
o Lack of information dissemination of stakeholders
to the public.
18. o Lack of regular venue for AO 35 TWG and
Secretariat Meetings.
o 10) Stringent COA rules and regulations when it
comes to financial matters.
o 11) Having contractual employees detailed in AO
35 Secretariat.