Rights of Internally Displaced Persons (Ridpa) Act

Bifier of TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AUG -4 P5:30 SENATE RECEIVED Br S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The Philippines, frequently impacted by natural disasters, armed conflict, and other crises, has seen countless individuals forcibly displaced from their homes. Internally Displaced Persons (IDPs) often endure prolonged periods of uncertainty, vulnerability, and hardship, lacking access to basic services, adequate shelter, education, and livelihood. While various humanitarian responses have been mobilized over the years, there remains a clear and urgent need for a coherent, rights-based legal framework to ensure the protection, dignity, and long-term welfare of IDPs. This measure seeks to address this gap by institutionalizing protection mechanisms for displaced individuals and communities. It outlines the responsibilities of government agencies and mandates the creation of durable, participatory solutions. The bill ensures that national response efforts are aligned with international human rights and humanitarian standards, thereby strengthening accountability and resilience in the face of displacement-related crises. Filed by Senator Grace Poe in the 19th Congress, this bill recognizes the need to protect the rights and amplify the voices of internally displaced persons. Their

experiences are vital threads in the nation's broader narrative and deserve not only recognition but also comprehensive support. In view of the foregoing, the immediate passage of this bill is earnestly sought. MINGGOY EJERCITO ESTRADA

Difier of t TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES AUG -4 P5:30 First Regular Session SENATE RECEIVED BY S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Rights of Internally

2 Displaced Persons Act' or "RIDPA".

Sec. 2. Declaration of Principles and State Policies. - Consistent with the

principles of the Constitution, international human rights and humanitarian standards including the United Nations' Guiding Principles on Internal Displacement (UNGPID), international treaties adhered to by the Philippines, and existing Philippine laws such 7 as Republic Act No. 9851, otherwise known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and other Crimes against Humanity, it is hereby declared a State policy to adopt a rights-based approach for the promotion and protection of the rights of internally displaced persons in situations of armed conflict; generalized and/or organized violence; clan wars; violations of human rights; implementation of development projects; or natural or human-made hazards or disasters. The rights and obligations herein shall not be interpreted as restricting, modifying, or impairing the provisions of any international human rights or

international humanitarian law treaties or declarations, or rights granted to persons under domestic law. The State shall harmonize all legal measures pertinent to "Internally Displaced 4 Persons or group of persons" (IDPs), and ensure that such are consistent with this 5 Act.

Sec. 3. Definition of Terms. - As used in this Act:

a) Armed Conflict - refers to any use of force or armed violence between States or protracted armed violence between governmental authorities and organized armed groups or between such groups within a State; Provided, That such force or armed violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12 August 1949, including their common Article 3, apply. Armed conflict may be International, that is, between two (2) or more States, including belligerent occupation; or non- International, that is, between governmental authorities and organized armed groups or between such groups within a State. It does not cover internal disturbances or tensions such as riots, isolated and sporadic acts of violence, or other acts of a similar nature. b) Clan War - refers to any conflict that may arise between members of different indigenous groups, indigenous cultural communities or clans, or between and among members of the same indigenous group, cultural community, or clan. c) Collective Punishment - refers to a situation in which a group of people is punished due to acts or omissions, whether real or perceived, of one or several members of the group. d) Generalized and/or organized violence - refers to the purposeful and systematic use of terror and brutality to control individuals, groups and communities, through the use of overwhelming force, and characterized by widespread, massive or sufficient intensity. e) Implementation of development projects - refers to the carrying out of any undertaking or activity aimed at economic or political growth, advancement, and expansion that results or may result to the arbitrary internal

displacement of persons: Provided, That the term does not include legitimate resettlement schemes and/or programs. f) Internal displacement - refers to the involuntary or coerced movement or relocation of persons, families, or communities from their homes or places of habitual residence within the national borders, as a result of or in order to avoid or minimize the effects of armed conflict; situations of generalized and/or organized violence; violations of human right; implementation of development projects; or natural or human-induced or human-made hazards or disasters. g) Internally displaced person or group of persons (IDP) - refers to any person or group of persons who has or have been forced or obliged to flee or to leave their homes or places of habitual residence within the national borders, as a result of or in order to avoid or minimize the effects of armed conflict, situations of generalized and/or organized violence, violations of human rights. implementation of development projects, or natural and human- induced or human-made hazards or disasters. h) Order of Battle/Watchlist - refers to a document or an organizational tool used by military or law enforcement agencies that, inter alia, lists persons or organizations perceived as being hostile to the State, the Government or the Armed or Police Forces, or to any document made by non-state actors, whether natural or juridical, listing the names of persons and organizations, that are perceived to be obstacles to such non-state actor, and making those in such list vulnerable to arbitrary internal displacement

Sec. 4. Scope. - This Act shall primarily provide for the protection of rights of

IDPs during and after displacement, as well as their return, local integration or settlement elsewhere. This Act shall likewise cover arbitrary internal displacement of civilians as a result of or in order to avoid the effects of armed conflict; violations of human rights; implementation of development projects; or natural or human- induced or human-made hazards: or disasters. To address the risks involved in natural hazards or disasters, and the overall impact of climate change on the rights of those internally displaced, due reference shall be made to the pertinent provisions of other relevant laws such as Republic Act No. 9729, otherwise known as the Climate Change Act of

1 2009, and Republic Act No. 10121, otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010, and other related laws.

Sec. 5. Primary Duty to Protect the IDPs. - National authorities and Local

4 Government Units (LGUs) have the primary duty and responsibility to provide protection and humanitarian assistance to internally displaced persons within their jurisdiction, in accordance with their obligations under international law, including human rights law and humanitarian law, so as to prevent and avoid conditions that 8 might lead to the arbitrary internal displacement of persons.

Sec. 6. Rights of IDPs. - All IDPs shall enjoy human rights in accordance with

10 the Philippine Constitution and related laws without discrimination of any kind. In particular, they shall enjoy the following rights: a) Access to Basic Necessities. - At the minimum, and with special attention to gender sensitivity, IDPs shall have the basic right to food, shelter, and clothing. Competent authorities shall provide the aforementioned basic rights with due respect to the cultural sensitivities and religious beliefs of IDPs. b) Heath and Education. - 1) IDPs shall be entitled to access, to the fullest extent practicable, health services and with the least possible delay. Special attention shall be provided to the health needs of women, children, and the elderly and the prevention of contagious and infectious diseases among IDPs. 2) IDP children shall receive free and compulsory primary education at a minimum. c) Freedom of Movement - Every IDP has the right to liberty of movement in and out of any evacuation center, transitory sites, or other settlements, subject to Its existing rules and regulations. Moreover, they shall be protected against forcible return or resettlement in any place where their lives, safety, liberty, and/or health would be at risk. d) Recognition, Issuance, and Replacement of Documents. - The authorities concerned shall facilitate the issuance to the IDPs of all documents necessary for the enjoyment and exercise of their legal rights, including new

documents or the replacement of documents lost in the course of displacement, without imposing unreasonable conditions. e) Family Reunification, Missing Persons and Deceased. - Competent authorities shall provide conditions to expedite family reunification, search of missing persons and collection, and identification of remains of the deceased, with due respect to cultural sensitivities and religious beliefs. f) Security and Protection. - Competent authorities shall take necessary measures to ensure that IDPs are received, without discrimination of any kind, and live in satisfactory conditions of safety, dignity, and security. Special protection and assistance must be provided for IDPs with special needs, including separated and unaccompanied children, women, expectant mothers, mothers with young children, the elderly, and persons with disabilities or with communicable diseases. g) Property and Possessions. - The property and possessions of IDPs shall, in all circumstances, be protected against pillage or looting, direct and indiscriminate attacks or other acts of violence, being used to shield military operations or objectives, being made the object of reprisal, being destroyed or appropriated as a form of collective punishment, and destruction, arbitrary and illegal appropriation, occupation or use. The LGU exercising territorial jurisdiction over the affected area/s, with the assistance of the national Government, shall endeavor to facilitate the transportation of such property and possessions of IDPs, in a safe and secure area, during and after displacement, subject to logistical considerations. h) Right to participation. - The IDPs shall have the right to actively participate in the planning and management of their displacement situation as well as return, local integration, or settlement elsewhere. In addition, IDPs shall be provided with conditions to facilitate the exercise of their right to political participation. i) Right to request protection and humanitarian assistance. - The IDPs have the right to request protection and humanitarian assistance from national and local authorities. They shall not be punished or persecuted for such acts.

j) Civil or Administrative Liabilities. - Any IDP shall be entitled to claim and be awarded civil damages from any public officer or employee, or any private person, who directly or indirectly obstructs, defeats, violates, or in any manner impedes or impairs any of the above rights and liberties. Any public officer shall be administratively liable for the same acts.

Sec. 7. Applicability of the Revised Penal Code and Special Penal Laws. - An

7 Order of Battie/Watchlist, or any document of similar nature issued by the military, 8 any law enforcement agency of the government, or any armed group, including nonstate actors, shall not justify crimes against IDPs and shall subject the perpetrators 10 to the penalties provided under the applicable provisions of the Revised Penal Code 11 and special laws. Criminal offenses and unlawful acts. If found to be committed against any IDP in the course of or during displacement, shall be penalized one degree higher than that provided by the Revised Penal Code and other special penal laws with respect to those acts.

Sec. 8. Assistance During Displacement of IDPs. - The primary duty and

responsibility, for providing humanitarian assistance to IDPs lie with national authorities and with the LCDs exercising territorial jurisdiction over the affected areas. 19 As such, existing mechanisms set up under Republic Act No. 10121 and relevant line agencies shall provide^ immediate relief and humanitarian assistance to IDPs, families, and communities.

Sec. 9. Early Recovery Plan. - The LGUs exercising territorial jurisdiction over

the affected area/s shall craft an early recovery plan, in consultation with the IDPs.

Sec. 10. Return, Local Integration, or Settlement Elsewhere. - Competent

national and local authorities shall have the primary duty and responsibility to establish conditions and provide means for IDPs to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to locally integrate or to settle voluntarily in another part of the country, taking into consideration the right of IDPs to choose a residence, arid with due respect to the cultural heritage and traditions of Indigenous Peoples.

Said authorities shall ensure prior consultations and the full participation of IDPs, during and after the planning and management of their return, local integration, or settlement elsewhere.

Sec. 11. Mechanisms for International Humanitarian Assistance. - International

humanitarian organizations, their local counterparts, and other appropriate actors shall have the right to offer their services, including humanitarian assistance, in support of IDPS. Relevant coordination mechanisms, where existing. with international humanitarian organizations, shall facilitate the timely provision of humanitarian assistance to IDPs. The importation and donation of food, clothing, medicine, and equipment necessary for relief and assistance of IDPs are hereby authorized in accordance with

Section 800 of Republic Act No. 10863, otherwise known as the Customs

Modernization and Tariff Act, as regards national internal revenue taxes and import 14 duties of national and local government agencies, and the prevailing provisions of the 15 General Appropriations Act (GAA).

Sec. 12. Non-Monetary Reparation. - The Department of Health (DOH), the

Department of Social Welfare and Development (DSWD), the Department of Education (DepEd), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), and such other agencies, shall render necessary services as non-monetary reparation for IDPs and their families pursuant to the provisions of this Act.

Sec. 13. Role of the National Disaster Risk Reduction and Management Council

(NDRMMC) and Line Agencies. - The NDRRMC and government line agencies shall exercise their mandate and powers in accordance with Republic Act No. 10121 in responding to situations of internal displacement. In these situations, the CHR shall be part of the NDRRMC deliberations to provide advice as a non-voting member.

Sec. 14. Role of the CHR. - The CHR shall be designated as the Institutional

focal point on the human rights of IDPs. As such, the CHR shall have the following additional functions: a) To monitor IDP conditions through the development of a system to track concerns, actions taken, and other relevant information to ensure that IDP

rights are respected, protected, and fulfilled in all phases of Internal displacement; b) To establish guidelines to identify the legitimacy of an individual's claim of internal displacement; c) To conduct public inquiries, document violations of human rights, assist IDPs in seeking redress of grievances, and work to ensure an effective response by the concerned authorities; d) To investigate, on its own or on a complaint by any party, all forms of human rights violations against IDPs involving civil and political rights, in accordance with Section 18(1) of Article XIII of the Constitution, and when found in the investigation that the filing of a case in court is warranted, request the assistance of any department, bureau, office or agency, such as the National Prosecution Service of the DOl, or the Ombudsman, by virtue of Executive Order No. 163, series of 1987; e) To render financial assistance at its sole discretion, and to issue necessary guidelines to implement the same; f) To recommend to the other agencies of government, taking into consideration their respective mandates and functions, the grant of assistance to IDPs, as may be appropriate; g) To follow up on early warning and ensure effective measures to protect the civilian population against arbitrary internal displacement; h) To undertake educational activities and training programs for state authorities, including the AFP; i) To hold public Information drives on the protection and rights of IDPs, and foster their participation in the decision-making process regarding Issues that concern them; and j) To carry out such other acts that may be necessary to fully implement the purposes of this Act.

Sec. 15. Role of the DSWD. - The DSWD shall have the following functions,

among others: a) To render psycho-social interventions and similar services to IDPs;

b) To facilitate linking IDPs to employment opportunities, support services, and other livelihood programs, in cooperation with other government agencies, such as, but not limited to, the Department of Labor and Employment (DOLE), Department of Agriculture (DA), Department of Agrarian Reform (DAR) and the Department of Trade and Industry (DTI); c) To provide capital assistance to IDPs, who wish to start their respective trade or business, subject to reasonable rules and regulations; and d) To cany out such other acts that may be necessary to fully implement the aforementioned functions.

Sec. 16. Joint Congressional Oversight Committee. - A Joint Congressional

Oversight Committee is hereby created, composed of the Chairperson of the Senate Committee on Justice and Human Rights and seven (7) other Senators designated by the Senate President, and the Chairperson of the House Committee on Human Rights and seven (7) other Members of the House of Representatives, designated by the Speaker of the House of Representatives: Provided, That of the seven (7) Members to be designated by each House of Congress, four (4) shall represent the Majority and three (3) shall represent the Minority. The Joint Congressional Oversight Committee shall also have the power to inquire into, summon, and investigate the Orders of Battle/Watchllst as defined under this Act, and/or any document of similar nature, as well as the legal and factual justifications for the inclusion of specific persons and groups in said Orders of Battle/Watch list or similar documents. In this regard, the Joint Congressional Oversight Committee may issue a mandatory process directing the transmission of all such documents relevant and necessary for the Committee to determine the validity of the inclusion of specific persons or groups in the Orders of Battle/ Watchlist, or simitar documents. For this purpose, the highest-ranking officers or heads of offices shall be charged with testifying before the Joint Congressional Oversight Committee in relation to any inquiries on the Orders of Battle/Watchlist, or similar documents. The invocation of national security as a defense may not prevent the Joint Congressional Oversight Committee from inquiring into the factual and/or legal bases for the existence of an Order of Battle/Watchlist, or any similar document, or the inclusion of specific persons or groups in said Orders of Battle/Watchlist, or

similar documents. Should there be a need to inquire into the factual basis for the invocation of national security, the Committee shall convene in an executive session and hear the officials Invoking it. Should the basis not be satisfactory to the Committee, the public hearings will continue and appropriate recommendations shall thereafter be made by the Committee.

Sec. 17. Monitoring of Compliance. - An inter-agency coordinating committee

shall be tasked to periodically monitor the compliance with this Act. The Committee shall be headed by the Executive Director of the NDRRMC and shall be composed of: a) A representative, with the rank of Undersecretary, from the DSWD; b) A representative, with the rank of Undersecretary, from the Department of National Defense (DND); c) A representative, with the rank of Undersecretary, from the Department of Interior and Local Government (DILG); d) A representative, with the rank of Undersecretary, from the DOH; e) A representative, with the rank of Undersecretary, from the DOJ; f) A representative, with the rank of Undersecretary, from the DepEd; g) A representative from the National Commission on Muslim Filipinos (NCMF); h) A representative from the National Commission on Indigenous Peoples (NCIP); i) A representative from the Office of the Presidential Adviser on the Peace Process; The Committee shall work towards the collection of data on the number and conditions of IDPs, leading to a registry that will aid the government in efficient planning and policv-making regarding issues affecting IDPs. The Committee shall submit an annual report to the Joint Congressional Oversight Committee herein created, thirty (30) days after the end of each fiscal year. Such annual report shall be the basis for proposed amendments to existing legislation to improve the conditions of IDPs.

Sec. 18. Appropriations. - The amount necessary for the initial implementation

of this Act shall be charged against the current year's appropriations of the NDRRMC, CHR, the DSWD, the DOH, the DND, and the DILG. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the GAA.

Sec. 19. Implementing Rules and Regulations. - Within sixty (60) days from

the effectivity of this Act, the NDRRMC in coordination with the CHR, DSWD, DND, 3 DILG, DOH, DOJ, Department of Environment and Natural Resources (DENR), DepEd, 4 AFP, Philippine National Police (PNP), Philippine Commission on Women (PCW), 5 Council for the Welfare of Children (CWC), NCIP, National Commission on Disability 6 Affairs (NCDA), Presidential Commission on Urban Poor (PCUP), Housing and Urban 7 Development Coordinating Council (HUDCC), National Housing Authority (NHA), and NCMF shall issue the necessary rules and regulations for its implementation and consult with the LGUs concerned, relevant non-governmental human rights 10 organizations, and people's organizations.

Sec. 20. Separability Clause. - If any part or provision of this Act shall be

declared unconstitutional or invalid, the other provisions hereof which are not affected thereby shall remain in full force and effect.

Sec. 21. Repealing Clause. - All laws, decrees, executive orders, memorandum

15 orders, memorandum circulars, administrative orders, ordinances, or parts thereof which are inconsistent with the provisions of this Act are hereby deemed repealed or modified accordingly.

Sec. 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,