chapter 4: cat final

_____________________________________________________________________________________________________ Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

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Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)

Introduction

Even prior to the enactment of RA 9745, or the Anti-Torture Law in November 2009, the Philippines as a State party to the Convention Against Torture (CAT), has established mechanisms in keeping with the articles of CAT, granting to all citizens the protection and rights guaranteed under the same (i.e., (1) right to be free from torture and ill-treatment; (2) right to seek redress, remedies, and compensation; (3) rehabilitation and witness protection.

Citizens have always enjoyed the right to monitor and assess the government’s compliance with the provisions of CAT and other relevant laws, as well as call for long-term remedies and measures to ensure protection against torture and ill-treatment.

However, allegations of torture and ill-treatment continue to catch the attention of international human rights watchdogs and the UN human rights bodies, especially as they relate to certain inadequacies in mechanisms, measures, and facilities.

With the recent ratification of the Optional Protocol to CAT (OPCAT),

comes the upgrading of penal infrastructures such as prisons, lock-up jails, detention facilities, and other places holding persons deprived of liberty. Heightened human rights awareness and sensitivity of state personnel involved in law enforcement, investigation, prosecution, and custody of arrested persons continue to be pursued.

This chapter seeks the realization of the following: (1) the full, and sustained implementation of RA 9745; (2) establishment and full institutionalization of targeted preventive and protective mechanisms; (3) effective implementation of the OPCAT; (4) accession to and/or ratification of supplemental treaties especially the International Convention for the Protection of all Persons from Enforced Disappearances (ICPAPED); and (5) effective harmonization of relevant domestic legal/judicial/administrative measures and mechanisms at par with international standards. The ultimate goal is the considerable reduction or total elimination of human rights violations.

Thematic Objective 1: To implement RA 9745 (Anti-Torture Law of 2009)

The Anti-Torture Bill (RA 9745) was signed into law on November 11, 2009, buttressing further, legislative, judicial, and administrative measures to implement the provisions of CAT. The next critical steps consist of the strict enforcement of the law, and its corresponding Implementing Rules and Regulations (IRR), including the setting up of appropriate mechanisms and measures that will give substance to the provisions of the


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new law.

Thematic Objective 2: To enhance preventive and protective mechanisms Torture needs to be addressed on three fronts: (1) protect vulnerable groups; (2) prevent torture and curb impunity; and (3) afford appropriate remedies to victims seeking justice and reparation, as well as rehabilitation of both victims and perpetrators

Thematic Objective 3: To heighten the awareness of, and

respect for HR among state agents, and the general public

The citizenry must be made aware of their right to be free from torture, and the remedies available for torture victims and their families. Investigative and custodial personnel should also be trained and educated on human rights, and be made conscious of their obligations under CAT and RA 9745..

Thematic Objective 4: To enact appropriate legislation (and supporting EOs, AOs)

Certain enactments and decrees must be lobbied for in order to ensure full implementation of the provisions of CAT. Legislative lobbying should also be made on other human rights instruments which have yet to be ratified by the Philippines such as the ICPAPED.

Thematic Objective 5: To ratify HR instruments, especially the International Convention for the Protection of all Persons from Enforced Disappearances (ICPAPED)

Government’s accession to and/or ratification of the ICPAPED has long been the desire of civil society groups, including the CHRP. This human rights instrument is necessary to ensure fuller prevention of, and protection against torture and ill-treatment.


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SECTION 1 Strategic Treaty Indicators

The effectiveness of the PHRP II depends on the successful

execution of the various programs, projects, and activities, which in turn hinges upon the faithful monitoring of the strategic indicators in relation to the thematic objectives of each chapter. Its success ultimately rests on the performance of government agencies and instrumentalities that are accountable for the respective thematic objective indicators.

Thematic Objective 1: To implement RA 9745 (Anti-Torture

Law of 2009)

Indicators refer to the full and sustained implementation of RA 9745 (Anti-Torture Law). Subsequently, mechanisms and measures relative to the individual provisions of the law must be installed accordingly.

For the installation of mandated mechanisms and measures, the

accountable national government agencies are the: CHRP, DILG-PPSC, BJMP, PNP, AFP, NBI, DOJ, DSWD, DOH, and DepEd.

Thematic Objective 2: To enhance preventive and protective

mechanisms

Indicators for this thematic objective are preventive and protective mechanisms as fully established and institutionalized. These refer to a more empowered CHRP, and the establishment of a National Preventive Mechanism under the OPCAT, and other relevant measures.

To afford more protection against torture, the following specific measures must be set up, namely: (1) a more unified correctional system; (2) enforcement and operationalization of command responsibility in the police, military and custodial services; (4) release on recognizance and other paralegal and non-custodial measures, which together contribute to implementing a new world view in the treatment of criminality.

Accountable agencies are the CHRP, DILG-PPSC, BJMP, PNP, AFP,

NBI, DOJ, DSWD, DOH, and DepEd.

Thematic Objective 3: To heighten the awareness of, and respect for HR among state agents, and the general public

The strategic indicator shall be the decreased number or absence of

complaints of human rights violations, with reference to the CAT and RA 9745.

Accountable agencies are the CHRP, DILG-PPSC, BJMP, PNP, AFP,

NBI, DOJ, DSWD, DOH, and DepEd.


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Thematic Objective 4: To enact appropriate legislation (and supporting EOs, AOs)

The strategic indicator shall be the institution and/or modification of

appropriate legal, judicial and administrative measures, and mechanisms at par with international standards. Priority bills relative to the improvement of the BJMP shall be given serious attention for immediate enactment in order to decongest jails, and to alleviate the living conditions of inmates inside congested jails under its jurisdiction, especially the following:

(1) Jail Infrastructure Development and BJMP Modernization Act;

(2) An act providing for a separate prison cell for female prisoners in every district, city, and municipal jail;

(3) An act providing for a system of recognizance as a mode for obtaining release from detention;

(4) An act amending Article 99 of the Revised Penal Code (RPC) on the grant of time allowances to inmates, and;

(5) An act placing the provincial, sub-provincial jails under the jurisdiction of the BJMP.

Both branches of Congress, and the committees involved in the

passage of the abovementioned bills, shall be held accountable for these set of indicators.

Thematic Objective 5: To ratify HR instruments (ICPAPED)

An ultimate success indicator will be the country’s accession to the

ICPAPED. The alternative indicator will be the extent of lobbying accomplished and the measure by which legislators concerned have initiated steps towards ratification.

The Office of the President (OP), concerned government agencies

(i.e. DFA), members of the Senate shall be held accountable for the indicator provided herein.


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SECTION 2 Thematic Baseline and Situationer

Thematic Objective 1

A. Anti-Torture Law

RA 9745, provides that it is the declared policy of the State to:

(1) ensure that the rights of all persons, including suspects, detainees, and prisoners are respected at all times; and that no person placed under investigation, or held in custody of any person in authority, shall be subjected to physical harm, force, violence, threat or intimidation, or any act that impairs his/her free will; and

(2) fully adhere to the principles and standards on

the absolute condemnation, and prohibition of torture set by the 1987 Philippine Constitution, and various international instruments, such as the International Covenant on Civil, and Political Rights (ICCPR), Convention on the Rights of the Child (CRC), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and CAT, to which the Philippines is a State-party.

The more salient features of the law include the following:

(1) Provides a working definition, and enumeration of

the forms of torture, and other cruel and degrading forms of punishment or treatment that approximate the forms contained in CAT;

(2) Provides appropriate penalties, without prejudice

to the prosecution of other crimes;

(3) Provides that any person who actually participated in the infliction of torture or who is present during the commission of the same, shall be held liable as principal;

(4) Provides that any individual who alleges he/she has

been subjected to torture, shall have the right to complain to, and have his/her case promptly, and impartially examined by competent authorities;

(5) Provides that any person who has suffered torture

shall have the right to claim for compensation as provided by RA 7309 (An Act Creating a Board of


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Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention, and Victims of Violent Crimes);

(6) Underscores that freedom from torture is a non-

derogable right. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification for torture;

(7) Provides that no person shall be expelled,

returned, or extradited to another State where there are substantial grounds for believing that such person would be in danger of being subjected to torture;

(8) Prohibits secret detention places, solitary,

incommunicado or other similar forms of detention, where torture may be carried on with impunity; and

(9) Provides that any confession, admission, or

statement obtained as a result of torture, shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that said confession, admission or statement was made.

With respect to applicability of the RPC to RA 9745, if the commission of the crime is punishable under Title Eight (Crimes Against Persons), and Title Nine (Crimes Against Personal Liberty and Security) of the RPC, is attended by any of the acts constituting torture, and other cruel, inhuman or degrading treatment or punishment, the penalty to be imposed shall be in its maximum period.

Formulation of a Rehabilitation Program. The formulation of a rehabilitation program, within one year from the effectivity of RA 9745, is provided for in the said law. For this purpose, the DSWD, in coordination with the DOJ, DOH and other concerned government agencies, shall formulate a comprehensive rehabilitation program for victims of torture, and their families. The DSWD, in partnership with the DOJ and DOH shall also call on human rights NGOs, duly recognized by the government, to actively participate in the formulation of a rehabilitation program that shall provide for the physical, mental, social, psychological and spiritual healing of victims of torture, and their families. Monitoring of Compliance. RA 9745 likewise provides for the creation of an Oversight Committee to be headed by a CHRP


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Commissioner, with the following as members: Chairperson of the Senate Committee on Justice and Human Rights, Chairperson of the House of Representatives Committee on Justice and Human Rights, and the minority leaders of both Houses. Education, and Information Campaign. The CHRP, DOJ, DND, DILG, and other concerned parties in the public and private sectors, shall ensure that education and information regarding the prohibition against torture, shall be included in the training of law enforcement personnel (civil or military), medical personnel, public officials, and other persons who may be involved in the custody, interrogation, or treatment of any individual, subjected to any form of arrest, detention, or imprisonment. The DepEd, and CHED shall also ensure the integration of human rights education in the formal curricula of all primary, secondary, and tertiary level academic institutions nationwide.

B. Revised Penal Code and New Laws

The RPC guarantees that all acts of torture are classified as

criminal offenses with corresponding penalties under Philippine laws.

New laws have since been passed which have contributed to the prevention of acts which could be considered as torture, or cruel, inhuman, and degrading treatment or punishment:

(1) RA 8049, enacted on June 7, 1995, on hazing and

certain forms of initiation rites;

(2) RA 9344, enacted on April 23, 2006, penalizes certain forms of maltreatment of children in conflict with the law; and

(3) RA 7877 of 1995 imposes sanctions against sexual

harassment. The following laws were also passed to address complaints against public officials who have committed acts of torture, or have imposed cruel, inhuman, or degrading punishment:

(1) RA 6770, enacted in 1989, established the

Ombudsman as the main agency responsible for

investigating offenses committed by public officials,

and employees. It likewise provides for a Deputy

Ombudsman specifically for military, and other law

enforcement offices;

(2) RA 6975, enacted on December 13, 1990, created the

DILG, and established the PNP, the BJMP along with


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the Bureau of Fire Protection;

(3) RA 8551, enacted on February 25, 1998,

established an Internal Affairs Service under the PNP, which is responsible for investigating offenses committed by police personnel;

(4) RA 7055, enacted on June 20, 1991, provides for the

trial by civilian courts of cases involving military personnel;

(5) RA 8493, or the Speedy Trial Act of 1998;

(6) RA 9372, or the Human Security Act of 2007;

(7) RA 9165, enacted on July 4, 2002, established an

Internal Affairs Service in the Philippine Drug Enforcement Agency (PDEA); and

(8) RA 9851, enacted December 11, 2009, considered

torture as an act against humanity

The Supreme Court also issued Administrative Memorandum No.07-9-12SC, or the Rule on the Writ of Amparo, which is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings, and enforced disappearances or threats thereof.

Further, the general administration of justice was further

enhanced with three landmark laws:

(1) RA 7438, enacted on April 27, 1992, which defines certain rights of persons arrested, detained, or under custodial investigation, as well as the duties of the arresting, detaining, and investigating officers;

(2) RA 6981, enacted on April 24, 1991, provides for

a Witness Protection, Security, and Benefit Program; and

(3) RA 7309, enacted on March 30, 1992, provides for a

Board of Claims for victims of unjust imprisonment or detention, and victims of violent crimes.


Despite shortcomings in the establishment of more detention infrastructures, preventive, and protective mechanisms are in place to satisfy the OPCAT - mandated National Preventive Mechanism. Internal inspections of jails continue to be carried out by the DOJ,


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and DILG. There are also judicial inspections made by judges, and court officials. Likewise, RA 7438 (Law on Custodial Investigation) allows visits by certain accredited civil society organizations.

The CHRP is likewise empowered to: (1) investigate on its

own, or on complaint by any party, all forms of human rights violations; (2) exercise visitorial powers over jails, prisons, or detention facilities; and (3) monitor government’s compliance with international treaty obligations on human rights

The Bureau of Corrections (BuCorr) has created an Internal

Affairs Division to investigate cases of erring personnel and has set up an Integrity Development Review, in coordination with the resident Ombudsman, to clean up its ranks. It has installed a computerized inmate database, and centralized information processing section for the guidance of concerned parties. In an effort to decongest national penitentiary facilities, the BuCorr has established the Inmate Transfer Board that deliberates on requests of inmates who wish to transfer to penal farms.

The Bureau of Jail Management and Penology (BJMP) welcomes

visits by international bodies, such as the International Committee of the Red Cross, whose representatives are frequent visitors in city and municipal jails under BJMP supervision. The BJMP receives annual allocations from the National Government Budget that it spends for improvement of regional offices, building new jail buildings, perimeter fences, additional cells for male and female and amenities such as visiting areas and kitchens.

On many occasions repair and improvement of jails were accomplished with assistance from local government units (LGU’s) and NGO’s.

To address the congestion problem, paralegal officers and volunteers

actively facilitated the release of inmates by helping them avail of applicable legal modes of early releases. There are a number of measures being employed to reduce overcrowding of the prisons under existing laws, such as: RA 6036 (Release on Recognizance); RA 6127 amending Art. 29 of the Revised Penal Code (Full-time Credit and Without Waiver of Detention); EO 214 of 1987 amending Art. 29 of the Revised Penal Code (Preventive Imprisonment); PD 968 (Parole and Probation); and RA 9344 (Juvenile Justice Welfare Act). These are in addition to the usual mode of freeing inmates from detention, such as: Released on Bail; Case Dismissed/ Acquitted/ Provisional Dismissal; Served Sentence; Transferred to Other Institutions; and Good Conduct Time Allowance. By the end of June 2012, some 12,336 inmates were released from detention on the strength of measures and mechanisms mentioned above. During the month of July 2012 alone, 2,563 were released. Total number of inmates released during the past year (2011) was 17,408. House Bill 5395 entitled the Recognizance Act of 2011 pending in Congress seeks to widen the application of recognizance as a mode for early release of prisoners.


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The BJMP’s paralegal programs are instrumental in expediting the resolution of inmates’ cases in courts, including the immediate issuance of release orders for newly-acquitted inmates, those whose cases have been dismissed, and have no relatives to follow up on their release orders from the courts.

With respect to the required listing of inmates and detainees,

the BJMP through its Operations Manual has always upheld the time-honored practice of the judicious accounting of inmates and detainees as persons and not mere statistics. The Manual, strictly adhered to by the various field units, provides the guidelines on the commitment and classification of inmates, reception procedures, and classification and disciplinary boards.

The BJMP’s Command Group, Directorates and the Support Services

under their supervision all serve to pursue a cohesive approach towards improvement of custodial services as resources would allow. The Directorate for Inmates Welfare and Development is particularly tasked to oversee BJMP Program Thrusts, viz:

a. Improve jail security, custody and control program; b. Upgrade living conditions of inmates through promotion of

Restorative Justice System, decongestion of jails, provision for basic needs, and community-based support services;

c. Intensify conduct of development programs for inmates such as: livelihood, education and skills training, recreation and religious activities, and

d. Enhance organizational and personnel effectiveness through manpower build-up, human resources development, structural and behavioral reforms and innovations; and

e. Strengthen measures for accountability through improved internal control and intensified management.

BJMP recognizes the importance of education as part of the

development of an inmate. Through the Accreditation and Equivalency Test of the Department of Education, many BJMP inmates are now able to pursue higher education upon release.

Inmates’ health is also prioritized. The fight against tuberculosis was strengthened through the Directly Observed Treatment Short Course (DOTS) program of the Department of Health, ensuring readily available medication and treatment of TB. Besides the regular medical and dental outreach programs conduct by the BJMP, LGUs and NGOs, the upgrading of the health and sanitation of the jail facilities has been a continuing effort of the BJMP and the International Committee of the Red Cross.

The BJMP believes that inmates’ right to suffrage should be exercised. Denying these persons the right to vote serves no rehabilitative function and has the effect of discriminating against those qualified to vote but incarcerated. In addition, denying their rights is likely to undermine respect for the rule of law since citizens who cannot participate in the making of laws will probably not recognize the authority of those governing and also


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lose an important means of teaching them democratic values and social responsibility.

Together with the COMELEC, CHR, Catholic Bishops Conference of the Philippines (CBCP) and other government and private institutions, the BJMP formed an Inter-Agency Working Group to see to it that qualified detainees are able to exercise their right to suffrage after being registered on-site as well as off-site.

The government custodial services have continuously benefitted from the support of local governments, private institutions and international organizations towards uplifting jail conditions to international standards. A notable cooperative venture is the “Call for Action” program launched by the International Committee of the Red Cross (ICRC) together with the BJMP, which seeks to reform places of detention nationwide. A remarkable result of this venture is the formulation of a Penal Structures Manual which set the technical standards in the four (4) areas of the inmates’ living conditions, including habitat, water, sanitation, and kitchen facilities. A MOA is also being worked out within the Inter-Agency Committee on Prison Reforms that is being steered by the CHRP, with members from concerned agencies of government, civil society and non-government organizations. The MOA delineates a collaborative blueprint for action towards reforming the country’s detention and penal facilities.

Steadfast in its resolve to achieve what is right for the inmates and detainees, the BJMP has always proffered to its inmates the maximum service allowable within the available resources that it could muster with the assistance from government as well as from cooperating partners here and abroad.

With respect to preventive supervision over police lock-up

cells and jails, the PNP started in 2008 regularizing the inspection of lock-up cells all over the country. In order to reinforce compliance to RA 7438, some 5,000 posters on Rights of Persons Arrested, Detained, and Under Investigation were distributed to all police stations. On June 23, 2009, a Memorandum of Undertaking was signed with the CHRP upholding the latter’s visitorial powers.

The National Bureau of Investigation (NBI) has its equivalent

Human Rights Office which serves as avenue for receiving, and litigating complaints of human rights violations against erring personnel, as well as for continuous education, and information dissemination programs on human rights. In keeping with the Vienna Convention on Consular Relations, (Par. b, Art. 36), the NBI informs consular posts of concerned sending State of any arrest, or detention of a foreign national.

For its part, the AFP through its Human Rights Affairs Office (HRAO), has drawn up strategic imperatives for its officers, and personnel, as follows: (1) to respect for, and protect human rights, (2) to abide by International Humanitarian Law (IHL), (3) to adhere to the Rule of Law, and, (4) to observe rights-respecting Rules of Engagement in the pursuit of focused Military Operations.


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RA 8551, which provides for the reform, and reorganization

of the PNP, has laid out the processes, and procedures by which citizens’ complaints against police misconduct can be heard, and acted upon appropriately. Significant components of such remedial processes consist of:

A. The National Police Commission (NAPOLCOM)

As an attached agency, the NAPOLCOM draws from the DILG policy and program coordination. Chaired by the DILG Secretary, the NAPOLCOM exercises administrative control, operational supervision over the PNP and performs, among other critical functions, the following:

(1) Monitors, investigates police anomalies, and

irregularities;

(2) Affirms, reverses, or modifies the National Appellate Boards’ personnel disciplinary actions, and;

(3) Exercises appellate jurisdiction over administrative

cases involving policemen.

B. Participation of local government executives in

the operational supervision and control of the PNP

As deputized agents of the NAPOLCOM, local government

executives can (1) inspect police forces; (2) empowered to direct, supervise, and oversee the day-to-day functions/activities of the police; and (3) have a hand in directing the employment, and deployment of PNP units and elements to ensure public safety and maintenance of peace and order.

C. Disciplinary mechanisms:

Internal Affairs Service (IAS) - Under this unit, it

proactively conducts (1) inspections, and audits PNP personnel, and units, (2) investigates complaints, and gathers corresponding evidence, (3)conducts summary hearings on PNP elements facing administrative charges, (4) files criminal charges as evidence warrants, and (5) provides assistance to the Ombudsman in cases involving PNP personnel. Likewise, motu propio, IAS conducts automatic investigation of human rights violations committed in the conduct of police operations, where a suspect is seriously injured while in custody, and where rules of engagement have been violated, etc.

Fora for Citizens’ Complaints - Any complaint by a

natural or juridical person against any member of the PNP, can


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be brought before the chiefs of police, mayors, women’s desks in all police stations, and the People’s Law Enforcement Boards (PLEBs).

Created in 1991, the PLEB serves as an external disciplining

mechanism of policemen. Its board members, who are all civilians, have the power to conduct summary hearings of administrative complaints against policemen. The board's composition was deliberately devised to empower civilians to become involved in disciplining members of the police in their community. The board can demote a police officer or even dismiss him from the police force. DILG Memorandum Circular No. 2006-059, directs all local officials to establish, reorganize, and activate the PLEBs, and to appropriate funds for its maintenance and operation.

D. Hotlines for First Responders

Any call for assistance may be easily brought to the attention

of the PNP through its Patrol 117, and PNP text hotlines which can be accessed through text via 2920.

E. Barangay (Village) Human Rights Action Centers

(BHRACs)

The CHRP instituted the Barangay (Village) Human

Rights Action Centers (BHRACs) program, pursuant to Sec. 11 of Art. II of the 1987 Constitution, designed to empower ordinary citizens to take the lead in the promotion, and protection of human rights at the grassroots level. In support of the program, the DILG on October 27, 1994 issued Memorandum Circular (MC) 94-194, Enjoining all the Barangays to Pass/Adopt a Resolution for the Establishment of Human Rights Action Centers in Local Government Units (LGUs).

To add impetus, the CHRP in coordination with the

DILG, passed CHRP Resolution (III) No. A2006-024 on March 15, 2006, to facilitate the speedy setting up of BHRACs, reactivation of idle BHRACs, appropriation of funds in the annual budgets, sponsorship of human rights activities, reproduction of information, and education materials, review of human rights action plans; and monitoring, processing, and documentation of human rights complaints, and concerns.

To further strengthen, and revitalize the BHRAC program,

the DILG issued MC No. 2006-45, dated May 11, 2006, restating the responsibilities of the LGUs over the BHRACs, specifically in capacitating the Barangay Human Rights Action Officers (BHRAOs) to be more effective in performing their functions.

To guide the process of selecting BHRAOs, the CHRP and

the DILG issued Joint MC No. 1, s, 2006, dated October 6, 2006, on the Guidelines in the Conduct of Election of the BHRAOs in every


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barangay nationwide. Capability-building seminar workshops for BHRAOs have been conducted in areas where human rights violations were high, to enable the BHRAOs to be more effective in performing their functions, and to deepen their understanding of human rights.

Continuous collaboration is maintained through various

Memoranda of Agreement (MOA) between and among cooperating agencies, namely the CHRP, DILG, League of Provinces/Cities, League of Municipalities, Liga ng mga Barangay (League of Village Associations), as well as NGOs such as Soroptimist International Philippines Region , Promoting Initiative for Justice and Peace, Ateneo Human Rights Center, among others.

F. Human Rights Program for the Localities

The DILG has drafted a Local Government Human Rights

Program, and has initiated the formulation, with assistance from the non-government sectors, of a Human Rights Code for the localities. This would encompass critical human rights principles along the eight core international human rights instruments.

G. Partnership Initiatives

Various initiatives have indeed resulted from enthusiastic

dialogues, and consultations between and among sectors that are one in advocating for the eradication of torture, and ill-treatment. One of them is the incipient Inter-Agency Committee on Prison Reforms (IACPR), consisting of agencies, and organizations from both government, and civil society. The consultative meetings have led to the crafting of a Memorandum of Agreement (MoA) which already delineates the terms of reference, general activities, and commitments from members of the Committee.

There is also a working group to monitor the implementation

of the OPCAT. This Philippine OPCAT Working Group (POWG) has the task of formulating the mechanics, guidelines of organization, and operations of the prospective National Preventive Mechanism mandated under the Protocol. Quite fortuitously, owing to the composition of its membership, the POWG should be able to draw from the knowledge, expertise, and resources of a representative cross section of society.

A couple of experts and specialists from civil society have

taken on the task of conducting major research projects in aid of torture prevention. One such research delves on the torture phenomenon, its origins, and how to eradicate the so-called “culture of impunity”. Another research project undertaken is aptly titled “Establishing a National Preventive Mechanism in the Philippines”.

The Balay Rehabilitation Center, in partnership with the


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Medical Action Group (MAG) and other NGOs, undertake rehabilitation of supposed victims of torture. A group of medical practitioners have banded together into the Philippine Network Against Torture (PNAT) and have been conducting training on the Istanbul Protocol (On Recognizing, Documenting, and Reporting Incidents of Torture). Key members of these groups have been absorbed as members of the POWG and have been actively participating and contributing much to the CAT Thematic Cluster.


“The Constitution mandates the Commission on Human Rights of the Philippines to establish a continuing program of research, education, and information to enhance respect for the primacy of human rights (Section 18 (5), Article XIII, Constitution).”

As far back as February 7, 1995, MO No. 258 was issued

requiring human rights education, and training of law enforcement, police, military, and prison personnel. With the close collaboration of the CHRP, human rights components are included in the training programs for all military, and law enforcement units of the government.

Pursuant to its mandate and in compliance with the

provisions of CAT, the CHRP conducted five regional workshops on the role of medical officers, and jail personnel on the recognition, documentation, and reporting of cases of torture from November 2005 to March 2006.

In the PNP, the prohibition of torture is included in the

following subjects in its Revised Police Basic Recruit Course: (1) “Foundations of Human Rights” under Module 2, General Subjects; (2) “Bill of Rights,” “Social Justice and Human Rights,” “Criminal Procedure,” and “Rules of Evidence” under Module 4 – Law; (3) and “Interview and Interrogation” under Module 5 – Police Operations.

The chief law enforcement and investigative bodies of

government, namely, the PNP, AFP, and NBI have organized and activated their respective human rights offices. These HROs offer avenues for receiving, and litigating complaints of human rights violations against erring personnel, as well as for continuous education and information dissemination programs on human rights.

Through the PNP Human Rights Development Program,

and other projects under the more holistic PNP Integrated Transformation Program, various reforms are now being implemented in police doctrines, policies, systems, procedures, education and training, and other vital areas of policing to ensure that respect for human rights becomes a core value and daily practice among PNP personnel.


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To prevent torture and ill-treatment, the following measures have been undertaken:

A. On Policy & Program Development

(1) Activation of the PNP Human Rights Affairs Office

(HRAO) and implementation of the PNP Human Rights Development Program (or LOI Pamana);

(2) Ban on parading of suspects before media (to

uphold rights to dignity, due process, and presumption of innocence);

(3) Police Operational Procedures (POP) prohibits

torture and ill-treatment of persons arrested, detained, or under investigation;

(4) To date, 1,496 lock - up cells, or 91 percent of

these cells in all municipal police stations have been inspected, subjected to inventory of persons in detention, and audited of their physical conditions;

(5) Ongoing review of the PNP Police Operational

Procedures (POP) Handbook to incorporate international human rights principles and standards for law enforcement; and

(6) Strengthening of disciplinary measures to sanction

erring personnel.

B. On Human Rights Prevention and Case Referral

(1) The PNP HRAO has a section dedicated to the monitoring of alleged human rights violations.

C. On Capacity- Building on Human Rights

(1) Inclusion of human rights modules in all

mandatory, and special PNP schooling / courses, from recruit to senior officer levels. (Ref: HRDD Memo dated 17 Nov. 2006);

(2) Activation of Human Rights Desks as frontline

OPR for alleged human rights violations for immediate investigation and monitoring. The HR desks also serve as frontline advocacy units for the PNP Human Rights Development Programme. (Ref: NHQ-PNP GO Nr DPL 07-20 dated 30 Dec. 2007);

(3) Activation of the PNP Women and Children’s

Protection Center, and formation of Women and Children’s Desks nationwide to promote, and


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protect the rights, and welfare of women and children, including those who are in conflict with the law, or under police detention. (Ref: PNP Memo Cir No. 2001-2002 dated 16 Jan 2001);

(4) Conduct of Special Human Rights Training, and

Human Rights Deepening Seminars for police personnel (Ref: MOU between PNP and Hanns Seidel Foundation/Germany CY 2008-09).

D. On Inter-Agency & Multisectoral Cooperation

(1) Active participation in fora, human rights

advocacy activities, focus group discussions, and congressional deliberations on proposed anti-torture laws and other human rights-related legislation. These include police-military-church dialogues on human rights issues;

(2) Participation in various anti-torture advocacy

activities organized by human rights groups, such as Philippine Alliance of Human Rights Advocates (PAHRA), including the series on “Basta Run Against Torture (BRAT)”;

(3) PNP is a member of the CHRP Multi-Agency Task

Force that is currently investigating the alleged existence of the “Davao Death Squad;”

(4) Signing of a MOU between the PNP and the CHRP

on June 23, 2009, on the upholding of CHRP visitorial powers over lock-up cells, prisons and all detention facilities;

(5) Conduct of community-based dialogues with civil

society organizations to better understand human rights issues, and concerns at the grassroots level (Dialogues held in Davao, Naga, Iloilo, and Baguio City), and;

(6) For its part, the BJMP maintains an operations

manual that provides guidelines on the commitment, classification of inmates, reception procedures, as well as classification, and disciplinary boards. The manual has been disseminated to the various field units.

On the matter of the Children in Conflict with the Law

(CICL), RA 9344 or the Juvenile Justice Welfare Act (JJWA) covers the different stages involving children at risk and CICL, from prevention to rehabilitation and reintegration. To ensure the effective implementation of JJWA, the Juvenile Justice Welfare Council or the JJWC was created, which is composed of different


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national government agencies with representation from NGOs, and chaired by the DSWD.

The DSWD maintains and operates fifteen (15) Regional

Rehabilitation Centers for Youth (RRCY) in all regions, except NCR, and other centers, and institutions that serve CICL cases. The Center for Restorative Activities, and Development Learning Experiences (CRADLE), a detention house exclusively for minor detainees in Metro Manila jointly staffed by the BJMP and the DSWD, was established inside Camp Bagong Diwa, Bicutan, Taguig City in February 2006.


During the First Universal Periodic Review (UPR) in 2008, several country representatives to the Human Rights Council (HRC) either commented on, or recommended outright, the need for the Philippines to accede to the CAT Optional Protocol. With the ratification of the OPCAT, and with the current jail reform programs, it is hoped that the three main problems in the country’s penal system can be more earnestly addressed, namely: (1) overcrowding primarily traced to slow processing of cases; (2) outbreaks of diseases; and, (3) need for better jail environment that allows for the rehabilitation and eventual reintegration of detainees. This aspect of the jail reform program is in response to assessments made by the ICRC as a result of their regular jail visitations. The BJMP, with its limited resources, has always struggled to meet the standard minimum rules for treatment of prisoners set forth by the United Nations.

Rule 10, Part I, of the UN Standard Minimum Rules for the

Treatment of Prisoners states that:

“All accommodation provided for the use of prisoners, and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions, and particularly to cubic content of air, minimum floor space, lighting, heating, and ventilation.”

Accordingly, the BJMP has set an accommodation space

of three (3) square meters for each inmate. With total cell area of its jails at 56,982 square meters, BJMP should be able to accommodate only 18,944 inmates. As of midterm 2011, BJMP facilities have sustained a jail population of 67,635, for a 355 percent increase congestion level.

Congestion has been the result, among other causes, of more

inmates being committed than released, made worse by the minimal improvements in jail space, and the slow disposition of cases in the


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courts. From January to August 2009, a monthly average of 3,411 inmates have been committed as compared to 3,309 released, for a net monthly addition of 102 inmates.

Aside from cramped facilities, the insufficient number of jail

personnel, further complicates the quality of service extended to inmates. Statistics show that there is only one jail officer for every 48 inmates. The ideal custodial ratio should be one jail officer to seven inmates.

As for meal allowances, the government provides PhP

50.00 per day for each inmate, an amount barely enough to buy a decent meal. The budget for medicines is PhP3.00 per inmate per day.

The BJMP likewise needs to be ever sensitive to the

rights, and needs of women, and children inmates. At present, BJMP co-administers with the DSWD, 50 separate dorms for women, and two facilities for children.

Similar problems obtain in our provincial jails which,

pursuant to RA 6975, are under the direction, supervision, and control of the governors. There are 75 provincial jails, and 27 sub-provincial jails nationwide housing 26,618 inmates. These inmates are under the custody of 2,999 provincial guards. (Custodial ratio for provincial and sub-provincial jails: one jail officer to nine inmates.)

On the part of the PNP, more investments have to be made to

upgrade PNP lock-up cells, and make them fully compliant, and at par with international standards. Presently, many police stations, mostly small and cramped for space, still do not have separate cells for male and female detainees.

Likewise, police stations lack the necessary holding rooms

for CICL, while they wait to be transferred to the DSWD, or to responsible persons, and institutions involved in the diversion program, as provided for by the JJWA.

The State’s ratification of the OPCAT puts emphasis on

preventing violations, and establishing a system of monitoring compliance to the CAT by employing international, and national mechanisms that will conduct regular, and periodic visits to places of detention, as well as proposing recommendations, and working constructively with State-parties for their implementation. Further, the idea of a working group that will tackle issues in anticipation of the country’s full adhesion to the OPCAT was solidified during the National Human Rights Forum organized by the PHRC in April 2010 in partnership with the United Against Torture Coalition (UATC), PAHRA, and the Balay Rehabilitation Center. A meeting of the minds led to the creation of a Philippine OPCAT Working Group (POWG) composed of government agencies and partners in civil society.


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As envisioned, the working group shall lay the groundwork

for the setting up of the National Preventive Mechanism (NPM).

The working group shall seek to (1) ascertain the levels of improvement, modernization, and acceptability of the country’s detention facilities; (2) explore the appropriate forms, and approaches by which the NPM would be able to effectively operate in accordance with the dictates, and provisions of the OPCAT; (3) formulate the organization, operational mechanisms, and guidelines, and; (4) should be able to draw on the knowledge, expertise, and resources from all sectors of society.

The POWG shall likewise be seen as a vehicle to propel discussions, and generate inputs on proposed legislations that will positively impact the implementation of the OPCAT, including the appropriation of funds necessary to upgrade all detention facilities to international UN standards.


The reconciled bill on Anti-Enforced or Involuntary Disappearance has passed on October 16, 2012 the bicameral conference committee of the Philippine Congress and shall soon become a law with the signing of the President. Under the bill, any `order of battle’ whether official or not by the military, police or any law enforcement agency, would be prohibited. The measure also prohibits secret detention facilities, and mandates restitution, compensation and rehabilitation of victims and their kin. Within six months after the measure is enacted, concerned government agencies are mandated to submit an updated inventory of all officially recognized and controlled detention facilities and the list of detainees under their jurisdiction.

The courts would be required to ensure the expeditious disposition of habeas corpus and Amparo proceedings, and concerned government agencies are to ensure immediate compliance to any release order by virtue of such proceedings. The proposed law makes a superior officer equally liable for the violation of a subordinate, and subordinates could defy orders of superiors for the commission of enforced disappearance.

Enactment of the Anti-Enforced or Involuntary Disappearance Law will certainly hasten the government’s ratification of the ICPAPED. The domestic law, together with the provisions embodied in the ICPAPED should result in a fuller protective mantle against torture, ill- treatment, enforced disappearance and related human rights violations and crimes.


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Table 4.1. Situation Matrix

Human Rights Issues Duty-bearers

Claimholders

Congested jails and detention centers; extremely poor living conditions (i.e., lack of meals, medical, dental allowance, other amenities)

DILG-BJMP/ Local Officials in charge of

jails/ BuCorr-DOJ/ DBM

Prisoners/ Detainees

Alleged use of torture and ill-treatment of suspects in police or military custody

PNP/ AFP

Suspected criminals and their families

Alleged harassment and violence against human rights defenders

PNP/AFP/Local Officials HR defenders/ HR advocates and their respective families

Unexplained killings, and alleged enforced disappearances

PNP/AFP/Local Officials HR defenders/ HR advocates and their respective families

Guarantee as to safety of witnesses to torture incidents, and other HRVs

PNP/ AFP/ Local Officials NBI-DOJ/ PAO

Victims/ HR

defenders/ HR advocates and their respective families

Specific training on how to identify signs of torture and ill-treatment (Istanbul Protocol)

DILG-PPSC/ BJMP/ PNP/ DND-AFP/ NBI-DOJ / Local Officials/ DOH/

PAO

Personnel of: BJMP/ PNP/ AFP/ NBI/ Local Officials/DOH/ DOJ/ PAO; and HR defenders/ HR advocates/

gen. public Lack of training on HR of concerned officials, esp. on the provisions of CAT


PAO

Personnel of: BJMP/ PNP/ AFP/ NBI/ Local Officials/DOH/ DOJ/ PAO; and HR defenders/ HR advocates/ gen. public


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Effectiveness and impact of HR training/educational programmes (esp. on CAT)


PAO

Personnel of: BJMP/ PNP/ AFP/ NBI/ Local Officials/DOH/ DOJ/ PAO; and HR defenders/ HR advocates/ gen. public

Involuntary overstaying and over served sentences

BJMP/ PNP/ DND-AFP/ DOJ / Local Officials/

PAO

Detainees/

prisoners

Lack of juvenile rehabilitation facilities

BJMP/ DSWD/ Local

officials in charge of

jails

CICL


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SECTION 3 Thematic Performance Targets

Annual targets consist mainly of completed background researches,

and studies, as well as the organization, and lobbying activities that would hasten the attainment of the medium-term targets.

Also targeted within the first year of the PHRP II implementation are the

accomplished impact, and evaluation studies of education, and training on human rights within the security and correctional system and within the larger Philippine education system itself. Also to be conducted in the first year are evaluation/assessment studies of certain preventive/protective mechanisms to ascertain their effectiveness in producing well-trained and rights-respecting personnel among the police, military, and correctional/ custodial services.

Medium-term targets include instituting measures, and the setting up of the mechanisms mandated by RA 9745, including: (1) listing of all detention centers, and facilities with the corresponding data on the prisoners or detainees to be made by the AFP, PNP, and other law enforcement agencies, updated every month, made available to the public, and submitted to the CHRP, including its regional offices; (2) unrestricted access by the CHRP on all detention facilities, in the exercise of its visitorial powers; (3) a rehabilitation program formulated by concerned agencies, and civil society organizations, for victims of torture and cruel, inhuman, and degrading treatment or punishment, and their families, as well as for perpetrators; (4) medical examiners’ conduct of examinations on victims of torture undertaken diligently, and in compliance with the Istanbul Protocol, and as spelled out in the IRR; (5) education and information campaign on RA 9745 pursued among the security sector, and law enforcement agencies, medical personnel, public officials and schools; and (6) convening of the Oversight Committee created and mandated by law to oversee implementation.

Also targeted for the medium-term are: (7) establishment of the National

Preventive Mechanism pursuant to the OPCAT, (8) the realization of the Unified Correctional System, and (9) full enforcement, and operationalization of the command responsibility principle in the police, military, and correctional/ custodial force.

The institutionalization of proven measures, such as release on recognizance, and such other paralegal measures that help decongest the jails, is likewise targeted during the medium-term. Also targeted by the end of the PHRP II implementation period is the ratification of other significant HR instruments that are crucial to the effective implementation of the CAT.


The medium-term target for this objective is to fully establish mechanisms, and measures towards enforcement of RA 9745.


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Annual Targets: 2012 -2016 - (1) Comprehensive, and updated database on detention centers;

(2) Unrestricted exercise of the CHRP of its visitorial powers; (3) Formulation of a rehabilitation program; (4) Training, and practice on the Istanbul Protocol

as spelled out in the Implementing Rules and Regulations (IRR);

(5) Education, and information campaign for security sector and law enforcement agencies, medical personnel, public officials and schools, and;

(6) Convening of the Oversight Committee.

Thematic Objective 2: To enhance preventive and protective mechanisms

The medium-term targets for this objective are sustained/continuous installation, and enhancement of targeted preventive and protective mechanisms.

Annual Targets:

2012-2016 – (1) Setting-up the National Preventive Mechanism, Unified

Penitentiary System, enforcement, and operationalization of command responsibility in the police, military custodial services;

(2) Institutionalization of the release on recognizance, and such other paralegal measures.

Thematic Objective 3: To heighten awareness of, and respect for HR among state agents, and the general public

Medium Term Target – 90% of the personnel of the police, military, and

custodial services, are well trained on human rights

Annual Targets:

2012-2016 - 20% of the law enforcement agencies’ manpower trained annually;

2012-2016 - Impact/evaluation studies of education and training on human rights within the security, and in the Philippine educational system;

2012-2016 - 50% decrease in the incidence of torture involving law enforcement agencies.

Thematic Objective 4: To enact appropriate legislation

In the medium-term, evaluation assessment studies of

legal/judicial/administrative measures, and mechanisms, and actions toward reforms and harmonization, should have been completed.


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Annual Targets:

2012-2016– Evaluation/assessment studies of

legal/judicial/administrative measures, and mechanisms relative to the prevention of human rights violations

particularly with reference to the CAT, and RA 9745.

Thematic Objective 5: To ratify HR instruments (ICPAPED)

A medium-term target is the positive action of stakeholders towards the ratification of the ICPAPED.

Annual Target: 2012-2013 – Legislative advocacy up to 2nd reading.


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Table 4.2. Performance Targets

Thematic Objectives

Strategic Indicators Medium Targets Annual Targets

(I) To implement RA 9745 (Anti-Torture Law of 2009)

Full and sustained implementation of RA 9745 (Anti-Torture Law)

Full establishment of mechanisms, and measures towards enforcement of RA 9745

2012-2016 – (1) Comprehensive, and updated database on detention centers;

(2) Unrestricted exercise by the CHRP of its visitorial powers;

(3) Formulation of Rehabilitation programs;

(4) Training and Practice on the Istanbul Protocol as spelled out in the IRR;

(5) Education, and information campaign for security sector and law enforcement agencies, medical personnel, public officials, and

schools; (6) Convening of the

Oversight Committee

(II) To enhance preventive and protective mechanisms

Preventive, and protective mechanisms fully established, and institutionalized, which refers to a empowered CHRP, setting up of the National Preventive Mechanism, and other measures

Sustained/continuous installation, and enhancements of targeted preventive, and protective mechanisms

2012-2016 – (1) Setting-up of the National Preventive Mechanism, Unified Penitentiary System, enforcement, and operationalization of command responsibility in the police, military custodial services;

(2) Institutionalization Release on recognizance, and such other paralegal


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Thematic Objectives

Strategic Indicators Medium Targets Annual Targets

measures (III) To heighten awareness of, and respect for HR among state agents, and the general public

Decreased number or absence of complaints of human rights violations more particularly against CAT and RA 9745

90% of the police, military and custodial services are well trained on human rights.

2012-2016- Impact/evaluation studies of education, and training on human rights within security/custodial system, and in the Philippine educational system.

2012-2016- 20% of the manpower of

law enforcement agencies trained annually

2012-2016- 50% decrease in the

incidence of torture involving law enforcement agencies

(IV) To enact appropriate legislation (and supporting EOs, AOs)

Institution, and/or modification of appropriate Legal/Judicial/Administrative measures, and mechanisms at par with international standards

Ratification of the

ICPAPED

2012-2016 - Evaluation/assessment studies of legal/judicial/ administrative measures, and mechanisms relative to the prevention of human rights particularly with reference to the CAT, and RA 9745

(V) To ratify HR instruments such

as the ICPAPED)

Accession, and/or ratification

of the ICPAPED Extent of lobbying accomplished, and the measures by which legislators have taken towards the ratification of

ICPAPED

Ratification of HR instruments

(ICPAPED)

2012-2013 – Legislative advocacy up to the 2nd reading


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SECTION 4 Program of Action

This section fleshes out in greater detail the thematic performance targets. The programs/activities/projects (PAPs)

consist mainly of lobbying activities, conduct of background research studies, drawing up, and piloting/testing of workable measures for protection, and prevention, institutionalization of proven/innovative measures, and assessment/ evaluation of those PAPs.

All these actions revolve around the full implementation of the Anti-Torture Law, and supplemental treaties that

may be considered for ratification. The PAPs are envisaged to serve up the targets in the immediate year-to-year horizon, as well as toward the medium-

term at the end of the PHRP II implementation period. (See table 4.3)


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Table 4.3. Programs/Activities/Projects


Performance Targets

Programs/Activities/Projects

Coverage

Responsible Stakeholders

Target Date/s

Expected Outputs

Medium Targets

Annual Targets

Duty-bearers

Claimholders

Full establishment of mechanism and measures towards enforcement of RA 9745

2012-2016 – (1) Comprehensive, and updated database on detention centers;

(2) Unrestricted exercise by the CHRP of its visitorial powers;

(3) Formulation of rehabilitation programs;

(4) Training, and Practice of Istanbul Protocol as

spelled out in the IRR; (5) Education, and

information campaign for security

sector and law enforcement agencies, medical personnel, public officials, and schools;

(6) Convening of the Oversight Committee

Conduct of Public awareness (claimholders) through fora/symposia & hearings

Awareness campaigns for duty-holders

Capacity building for law enforcers

Capacity building for medical practitioners on Istanbul protocol

National and Local

CHRP/DOJ/ PNP/AFP

Prisoners/ Detainees/ Concerned NGOs/ CSOs

2012-2016 Sustained/

Continuing)

Public awareness campaigns/for a for duty bearers, law enforcers & medical practitioners conducted Capacity building of law enforcers conducted Capacity building of medical system practitioners on Istanbul protocol


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Lobby for prompt action of concerned agencies

Lobbying activities conducted

Thematic Objective 2: To enhance preventive and protective mechanisms Sustained/continuous installation, and enhancements of targeted preventive, and protective mechanisms

2012-2016 – Set-up the National Preventive Mechanism, Unified Penitentiary System, enforcement, and operationalization of command responsibility in the police, military custodial services; Release on recognizance, and such other paralegal measures

Lobby for appropriate action/background studies on measures for institutional protection of victims Education and information campaign on preventive, and protective mechanisms

National and Local

CHRP/DOJ/PNP/ AFP, NBI, BJMP,DOH PPSC,PDEA DSWD, DepEd

Prisoners/ Detainees Concerned NGOs/ CSOs

2012-2016 Sustained/ Continuing

Lobby activities done/ studies completed; policy statements/ positions publicized

Thematic Objective 3: To heighten awareness of, and respect for HR among state agents and the general public Performance Targets Programs/Activities/

Projects Coverage Responsible Stakeholders Target

Date/s Expected Outputs

Medium Targets Annual Targets Duty Bearers Claimholders 90% of the personnel of the police, military, and custodial services trained on human rights

2012-2016 – 20% of the manpower force of the law enforcement agencies trained annually

2013-2016 – 50% decrease in the incidence of torture involving law enforcement agencies 2013-2014 – Impact evaluation studies of

Impact/evaluation studies on HR (i.e. custodial system and educational system)

National and Local

CHRP/DOJ/ PNP/ AFP, NBI, BJMP,DOH PPSC,PDEA DSWD, DepEd

Prisoners/ Detainees Concerned NGOs /CSOs


Lobby activities done/studies Completed policy statements/ positions publicized


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education, and training on HR among law enforcement agencies

Thematic Objective 5: To ratify HR instruments Performance Targets Programs/Activities/Projects Coverage Responsible Stakeholders Target

Dates Expected Outputs

Medium Targets Annual Targets Duty Bearers Claimholders Ratification of HR instruments

(i.e. ICPAPED )

2012-2013 - Legislative advocacy up to the 2nd reading

reading

Lobby for appropriate action/ background studies policy statements/ positions

National and Local

CHRP/DOJ/PNP/ AFP, NBI, BJMP,DOH PPSC,PDEA DSWD, DepEd

Prisoners/ Detainees Concerned NGO/ CSOs


Lobby activities done/studies completed policy statements positions publicized

Thematic Objective 4: To enact appropriate legislation

Performance Targets Programs/Activities/

Projects Coverage Responsible Stakeholders Target

Dates Expected Outputs

Medium Targets Annual Targets Duty Bearers Claimholders Advocacy for the legislation of NPM, and for the ratification of the ICPAPED

2012-2013 - Legislative advocacy up to the 2nd reading of the NPM

Lobby for appropriate action/background studies/policy statements/positions

National and Local

CHRP/DOJ/ PNP/AFP

Prisoners/ Detainees/ Concerned NGOs/ CSOs


Lobby activities done/studies completed policy statements positions publicized


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Section 5 Linkages with Other Development Initiatives and

Plans

The PHRP II is focused on achieving its targeted thematic objectives, and it is also programmatically linked with all other related frameworks, plans, and programs for the advancement of human rights standards, and norms provided under CAT, as follows:

The National Peace and Development Framework

The Philippines’ overall peace policy framework aims to end

internal armed conflicts that have lasted for decades. Through the Office of the Presidential Adviser for the Peace Process (OPAPP), the latter oversees the implementation, coordination of the government’s comprehensive peace agenda which includes initiatives for the rehabilitation, and economic development of conflict-affected areas, community empowerment, and cooperative programs with NGOs, CSOs, the private sector, and other concerned sectors of society.

Respect for and protection of human rights is crucial in laying the ground for a just, and lasting peace. This is recognized in the Comprehensive Agreement on Respect for Human Rights, and International Humanitarian Law (CARHIHL), which the government signed with the National Democratic Front (NDF). OPAPP, through the GRP Negotiating Panel for Talks with the CPP/NDF/NPA (GPNP-CNN), has been strengthening the human rights monitoring work of the government’s monitoring committee.

Thus, the education and training activities, through the National Inter-Agency Chamber of Human Rights, shall be essential to the Peace and Development Framework, particularly to:

(1) Promote the interdependence, indivisibility, and universality of

human rights, including civil, political, economic, social, and cultural rights, and the right to development;

(2) Foster respect for, and appreciation of differences, and

opposition to discrimination, on the basis of race, sex, language, religion, political, or national, ethnic or social origin, physical or mental condition, and on such other bases;

(3) Encourage analysis of chronic, and emerging human rights problems (including poverty, violent conflicts, and discrimination), which will lead to solutions consistent with human rights standards;

(4) Empower communities, and individuals to identify their human rights needs, and to ensure that they are met;

(5) Build on the human rights principles embedded within the


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different cultural contexts, and take into account historical, and social developments in the country;

(6) Foster knowledge, and skills to use local, national, regional,

and international human rights instruments, and mechanisms for the protection of human rights;

(7) Make use of participatory pedagogies that include knowledge,

critical analysis, and skills for action furthering human rights;

(8) Foster teaching, and learning environments, free from want and fear, that will encourage participation, enjoyment of human rights, and personal development; and;

(9) Be relevant to the daily life of the learners, engaging them

in a dialogue about ways, and means of transforming human rights from the expression of abstract norms to the reality of their social, economic, cultural, and political conditions.

Local Government Units (LGUs) and the Millennium Development Goals (MDGs)

Under Sections 16 and 17 of the Local Government Code of 1991 (RA 7160), “the (1) promotion of public health and safety, (2) enhancement of people’s right to a balanced ecology, (3) enhancement of economic prosperity and social justice, (4) promotion of full employment among the residents, (5) maintenance of peace, and order, and (6) preservation of the comfort and convenience of the inhabitants, are among the mandates of local government units.”

Local government units play a major role, and share great responsibilities, and accountabilities towards achieving the Millennium Development Goals (MDGs), essentially through the promotion of health and safety, assuring comfort, and convenience, and social justice, and maintenance of peace and order.

Security Sector Reform (SSR)

Projects on Security Sector Reform (SSR) are being initiated, and

pursued not only by institutions within the security sector but also involving CSOs/NGOs, including academic institutions, human rights groups, and media. Multisectoral involvement has been designed to provide a more comprehensive alternative source of information, and technical knowledge, much wider source of possible policy inputs, and the performance of civilian oversight. The goal is to infuse the security sector with greater professionalism, accountability, efficiency, and responsiveness, not only in the interest of pursuing democratic principles but as well as the maintenance of peace, and the provision of security for the public. SSR envisages that the implementation, monitoring, and advocacy of SSR be carried out by CSOs with the cooperation of security sector institutions.


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Community-Based Dialogues (Coordinated by Alternative Law Groups, Inc.)

On the side of the communities, the recent efforts of the PNP and the

AFP to institute programs for human rights protection and promotion are newly opened venues that can be availed of in order to seek redress for human rights violations, and to help avoid similar incidents in the future. With the official programs of both the AFP, and the PNP on human rights protection, and promotion, there now exists greater reason for citizens to exact accountability from members of the AFP, and the PNP, and to monitor their performance against their avowed human rights promotion objectives. These allow the AFP, and the PNP on one hand, to collectively discuss the issue of human rights promotion, and protection, and how cooperative efforts for ongoing, and future actions toward human rights promotion, and protection can be maximized.

Enhancing the relationship of the public, and the security sector is

essential to democratic governance. The Community-Based Dialogues project seeks to contribute to this enhancement towards the end-goal of reduction if not total elimination of human rights violations as the military/police and citizens continue to regard and deliberate human rights and security sector reform as common concerns. Implementation of Administrative Directives on Human Rights Promotion, Protection, and Fulfillment

Members of the ICCPR thematic cluster, particularly the identified lead

agencies, are sworn to take on specific responsibilities and undertake multifarious tasks as mandated under A.O. 163, viz:

GENERAL:

(3) Actively cooperate and support the PHRC; (4) Mainstream human rights in the operations and

planning of each agency: i. including, use of human rights language and

terminology ii. refer to appropriate human rights instruments as basis for activities iii. underline that the national development agenda of the Aquino administration is human rights-oriented iv. capacity-building workshops within each agency to discuss application of HR to specific mandate

(5) Respond to these queries: i. What are the issues?

ii. Who are the main actors? iii. What is being done? iv. What more might be done but face obstacles?

How to creatively overcome those obstacles? (6) Situation Monitoring; (7) Data collection, disaggregation, analysis;


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(8) Share data in a timely manner with working groups and committees, as well as with the DFA (UNIO and Philippine Missions to the UN), including reports on interactions with international organizations and bodies;

(9) Designate a PHRC liaison within the agency;

TREATY COMPLIANCE LEAD AGENCIES AND WORKING GROUPS

(1) Convene the working groups; (2) Distribute to members of Working Groups’ copies of

the treaty and most recent report; (3) Monitor situation under each treaty, regular update on

complaints and what is being done to address them; (4) Collate data for treaty reporting, write the report,

submit to PHRC to be forwarded to the DFA for submission to appropriate (UN) treaty monitoring body;

(5) Note gaps in compliance and reasons therefore; (6) Recommend to committee for better compliance-

policies, laws, programs; (7) Maintain running record of accomplishments and

submissions.

DEPARTMENT-SPECIFIC TASKING (provisional) (1) Data on complaints against local government officials;

and personnel including PNP and BJMP members; (2) Data on mechanisms for such complaints; (3) Current human rights training for all ranks; curriculum

review; (4) Human rights capacity-building for local government

officials and personnel.

Moreover, A.O. 249 has mandated all departments, agencies, bodies, instrumentalities of the Executive Branch of government, including local government units to strengthen and ensure compliance of their existing policies, plans, and programs as they would enhance government’s overall effort in the promotion and protection of human rights, taking into account the specific applicable rights and freedoms embodied in the Universal Declaration of Human Rights (UDHR).

A.O. 249 delineated various directives according to the nature of the functions of the respective executive departments and offices, in order to ensure the effective implementation of the overall mandate in keeping with the principles enshrined in the UDHR.


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SECTION 6 Human Rights Capacity Building Plan

Orientation seminars, and trainings are necessary for

knowledgeable lobbying, successful assessment studies, and preparation of policy/position papers as targeted for within the CAT thematic cluster PAPs. Subjects would include: the new Anti-Torture Law (RA 9745) in its entirety, the Convention Against Torture (all provisions/ articles), the prospective HR treaties that are supplementary to CAT (i.e. ICPAPED), RA 9851 (Philippine Act on IHL), and the principles on HRBA.

Cluster members need to be well-versed on the principles, and

techniques of lobbying, and the rudiments of conducting, monitoring, evaluation/assessment studies, and formulation of policy/position papers. Likewise, they should be trained on how to effectively interact, and communicate not only with government entities, and personalities, public opinion leaders at large, but also at the grassroots level.

The fact that DILG is the lead agency of the CAT thematic cluster,

and is represented in other thematic clusters, endows the CAT thematic cluster with an advantageous position, wherefrom the human rights-based approach (HRBA) is more deeply appreciated and implemented. It is noteworthy to mention at this point that the DILG has in fact accepted human rights mainstreaming as its flagship project.

A number of NGO partners in the CAT thematic cluster are

deeply involved in the mechanisms already conceived within RA 9745, such as the rehabilitation of victims, and involved parties, and in the workings of the Istanbul Protocol. Likewise, some NGO members appear to be well-versed in the conventions, and human rights instruments related to the torture phenomenon, and are defenders, and champions in their own right.

While the NGOs generally have a wide experience in lobbying,

preparation of assessment studies, and formulation of policy/ position papers on many issues, vestiges of the deep animosities, and adversarial attitudes of the past need to be reined in so that cluster actions can move forward.


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Table 4.4. Human Rights Capacity Building Plan

Thematic Objective/s

Education and Training

Activity/ies

Coverage Target Participants Respon- sible

Parties

Expected Outputs

Duty-bearers Claimholders 1.To implement RA 9745( Anti Torture Law of 2009)

Series of orientation/seminars on RA 9745

National/Local CHRP,DILG,PPSC BJMP/PNP/AFPNBI DOJ/DSWD/DOH/PDEA DepEd

Citizenry/ Community Civil Society

Cluster members

Enhanced awareness/knowledge Better protection/ Prevention

2.To enhance preventive, and protective mechanisms

Series of orientation/seminars on CAT, the HRBA & on RA 9745



Cluster members


3. To heighten awareness of and respect for HR among state agents and the general public

Series of orientation/seminars on CAT, the HRBA & on RA 9745



Cluster members


4. To enact appropriate legislation(& supporting EOs, AOs)

Series of orientation/seminars on CAT, the HRBA & on RA 9745 & OPCAT, ICPAPED



Cluster members


5. To ratify HR instruments (ICPAPED)

Series of orientation/seminars on CAT, the HRBA & on RA 9745 & OPCAT, IED



Cluster members

Enhanced awareness/knowledge Better protection/ prevention


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SECTION 7 Coordination and Management Plan

All members of the CAT thematic cluster will each have a

significant role to play in the plan implementation. DILG as lead agency, will take the helm relative to Thematic Objective 1, (implementation of RA 9745, Anti-Torture Law) as well as Thematic Objective 3 (heightened awareness of human rights).

Enactment of new laws, administrative orders, or executive orders, as well as ratifications, belong to the Office of the President, which either moves to initiate ratifications or prioritizes prospective pieces of legislation in response to public lobbying.

The CHRP will fulfill its proper role as independent national human rights institution in the monitoring of the impact, and affectivity of HR dissemination, training, and education programs targeted to the police, military, custodial/ correctional personnel, and as well the general citizenry.

Concerned NGOs, and other sectors from civil society will have an active role in the conduct of baseline researches, and studies, preparation of policy, and position papers, as well as in planning, and organizing for lobbying activities.

Table 4.5. Coordination and Managements Arrangements

Thematic Objective Committees/Task Force/Project

Implementing Team Head Members

1. To implement RA 9745 (Anti-Torture Law)

DILG CHRP,DILG-PPSC/BJMP/PNP

AFP,NBI,DOJ,DSWD,DOH,

PDEA,DepEd 2. To enhance preventive and protective mechanisms

CHRP CHRP,DILG-PPSC/BJMP/PNP


PDEA,DepEd 3. To heighten awareness of and respect for HR among state agents and the general public

DILG CHRP,DILG-PPSC/BJMP/PNP


PDEA,DepEd -plus CAT Cluster

member-orgs 4. To enact appropriate legislation (& supporting EOs, AOs)

OP OP/ Congress/Senate


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Thematic Objective

Committees/Task Force/Project Implementing Team

Head Members 5. To ratify HR instruments (i.e. ICPAPED) OP OP/DFA/Senate

CHRP,DILG-PPSC/BJMP/PNP

AFP,NBI,DOJ,DSWD,DOH,PDEA,DepEd


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SECTION 8 Resource Generation and Mobilization Plan

By virtue of Administrative Order (AO) 249, national

government agencies are mandated to mainstream human rights activities into their operations, starting with human rights education, and training.

Pursuant to its development, and governance goals, the DILG has been tasked to oversee AO 249 relative to LGUs. This intractable linkage further strengthens DILGs’ supervisory role over the LGUs as enshrined in the LGC, a fact that would aid attainment of some of the thematic objectives as it would make budget allocation almost certain.

It is hoped that gaining resources from the GAA would not be as difficult, since the PAPs of member agencies in the thematic cluster have solid basis in AO 249, the DILG Charter, and LGC. Likewise, the finalization of the Local Government Human Rights Program, and Human Rights Code on the part of the DILG shall include plans and activities which are appropriately budgeted.

Development partners would consist of other government agencies, private entities, and international sponsors that maintain and pursue PAPs which cross-cut with the PAPs of the CAT Chapter. Financial and logistics sharing agreements can be made through these partnerships.

It is widely known that certain NGOs could facilitate, and continue to receive funds from legitimate foreign sources. NGO partners in the CAT thematic cluster have proven to be cooperative in sharing in both quantitative, and qualitative terms. Key members of these NGOs have signified willingness to provide material support especially in helping out with various fora (seminars, meetings, workshops, conferences) logistics, and much needed knowledge inputs for required background researches, and studies.


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Table 4.6: Resource Mobilization Plan

Program/Activity/Project

Resource Requirements by Source Regular

Government Budget

Development Partners

(*The funds are still to be

negotiated with ODA or

other development

partners)

Other Sources Total Budget

Conduct of public awareness campaigns for claimholders, through symposia/fora and hearings Awareness campaigns for duty-bearers Capacity building for law enforcers Capacity building for medical practitioners on the Istanbul Protocol

8,500,000

2,500,000 2,000,000 13,000,000

Lobby for appropriate action/background studies on measures for institutional protections of victims

3,500,000 3,000,000 6,500,000 13,000,000

Education and information campaign on preventive and protective mechanisms Impact/evaluation studies of education and training programs on human rights,

6,000,000

6,500,000 2,500,000 15,000,000


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Program/Activity/Project

Resource Requirements by Source Regular

Government Budget

Development Partners

(*The funds are still to be

negotiated with ODA or

other development

partners)

Other Sources Total Budget

within the security/custodial system

Lobby for appropriate action/ background studies policy statements/ positions

3,000,000 4,500,000 5,000,000 12,500,000

TOTAL 10,000,000 16,500,000 27,000,000 53,500,000


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SECTION 9 Monitoring and Evaluation Plan

The following thematic targets that need to be monitored and

evaluated are the following:

(1) The unhampered implementation of RA 9745;

(2) Measures and mechanisms mandated by RA 9745, are fully installed and working;

(3) The National Preventive Mechanism has been set up

according to a ratified OPCAT;

(4) Forward-looking processes such as (a) unified correctional system; (b) proper enforcement and operationalization of command responsibility in the police, military, and custodial force; (c) institutionalized release on recognizance (custody to a government official); (d) quick process of minor cases; (e) motions to post bail, and/or for a speedy trial on behalf of detainees;

(5) Formation of well-trained, rights-respecting police, military,

and custodial services;

(6) Completed evaluation/assessment studies of legislative/judicial/administrative frameworks set up according to the provisions of the CAT;

(7) Ratification of HR instruments such as the ICPAPED, and;

(8) Formation of well-trained, rights-respecting police, military,

and custodial services.

The monitoring and evaluation of target nos.1 and 2 are quite straightforward, and are based on the provisions of RA 9745. Target no. 3 is based on the provisions of the OPCAT.

Processes targeted in no. 4 focus on easing up the congestion, prevention of torture, and ill-treatment in detention facilities. This can be gauged quantitatively in terms of detainees released and/or sentences commuted, and the existence (and/or persistence) of complaints of ill-treatment, and torture in the facilities.

Target no.5 will be evaluated on the basis of whether or not the number of complaints and incidents of torture, and ill-treatment have either waned or disappeared altogether.

Target no. 6 will require a revisiting of the entire


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legislative/judicial/administrative structures and processes of the Philippines as a State- party in order to ascertain the extent to which these have been fully harmonized with the articles and provisions of the CAT.

Target no.7 is gauged by the measure by which legislators concerned have initiated steps that pave the way towards ratification; while target no. 8 would need continuing evaluation of performance of law enforcement, security and custodial personnel and monitoring of affirmative behavior as a result of human rights training and education program.


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Table 4.7. Monitoring and Evaluation Calendar

M & E Activities

PHRP II-CAT

Targets/ Baseline

2012- 2013

2014 2015 2016

Periodic Monitoring

1.RA 9745 implementation 2.Measures and mechanisms mandated by RA 9745 installed 3.National Preventive Mechanism has been set up according to a ratified OPCAT 4.Ratification of HR instruments such as the ICPAPED

Semi-annual Report Semi-annual Report Annual Report Annual Report

Final Report Semi-annual Report Annual Report Annual Report

Final Report Annual Report Final Report

Final Report


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Reviews

5.

Legislative/ Judicial/ Admin. frameworks the CAT provisions

Semi-annual Review

Annual

Plan/Project Review

Annual

Plan/Project Review

Annual

Plan/Project Review

Surveys/ studies

6. Moulding well-trained, rights-respecting police, military,and custodial personnel

Public perception survey (Annual)

Public perception survey (Annual)

Public perception Survey (Annual)

Public perception survey- annual

Performance Scoreboard

Thematic Objective-setting/ID of targets

Initial M&E activities

Target 1 accomplished; other M&E, continuing

Targets 2,4,5 met other M&E, continuing

Target 3 accomplished other M&E, continuing

Evaluation Midterm Evaluation

Post-Evaluation

chapter 4: cat final

Government & Nonprofit