THE House of Representatives on Monday endorsed for Senate approval the bill protecting human-rights defenders (HRDs).
This, after 200 lawmakers approved on third and final reading House Bill 10576, entitled “An Act Defining the Rights and Fundamental Freedoms of Human Rights Defenders, Declaring State Responsibilities, and Instituting Effective Mechanisms for the Protection and Promotion of These Rights and Freedoms.”
Albay Rep. Edcel C. Lagman, the principal author of HB 10576, said the enactment of the proposed Human Rights Defenders Act will put an end to the prevailing impunity on the extrajudicial killings and extreme harassment of HRDs.
The bill defines an HRD as “any person, who individually or in association with others, acts or seeks to act to protect, promote, or strive for the protection and realization of human rights and fundamental freedoms, at the local, national, regional, and international levels.” This definition is broad and inclusive enough to cover HRDs in both government and private sector who may not be bona fide connected to any human-rights organization.
It also embodies the rights and fundamental freedoms enshrined in the United Nations Declaration on Human Rights Defenders such as the rights to: form associations and to peaceful assembly; represent and advocate; privacy; effective remedy and full reparation; and freedom from intimidation, reprisal, defamation, and stigmatization among others.
The measure also prohibits all public authorities from participating, by acts of commission or omission, in violating human rights and fundamental freedoms. Subordinate employees have the right and duty to refuse any order from their superiors that will cause the commission of acts that contravene their duty to protect, uphold, and promote human rights and fundamental freedoms. Such refusal shall not constitute a ground for any administrative sanction.
It strengthens the obligation of public authorities to conduct investigations on suspected human-rights violations of HRDs.
The bill prohibits the public authority offender from invoking presumption of regularity in the performance of duty which presumption is commonly used as a veneer to conceal accountability for violation of human rights and freedoms. The prohibition is consistent with the rule on the Writ of Amparo.
The measure mandates government agencies to enforce and institutionalize command responsibility and impose sanctions against errant superiors in both military and civilian agencies as provided under existing laws and executive issuances.
It also directs public authorities to adopt the human rights-based approach to governance and development including in counter-insurgency and anti-terror programs and policies.
The measure seeks to strengthen the Witness Protection Program of the Commission on Human Rights and mandates the Commission to provide sanctuaries for high-risk HRDs, particularly those who have filed formal complaints against high-ranking government officials.
It also ensures respect for the principle of non-refoulement or the practice of not forcing refugees or asylum seekers to return to a country where they are likely to be subjected to persecution.
It also creates an independent collegial body to be known as the Human Rights Defenders Committee composed of one Chairperson and six members. The Chairperson shall be selected by the Commissioners of the CHR from among themselves in an en banc session. The six members shall be jointly nominated by representatives of human rights organizations. The nominees shall be appointed by the CHR not by the President to underscore the Committee’s independence of the Executive.
Lagman said an identical bill authored by Sen. Leila de Lima is pending in the Senate which could be approved by the Senate for the expeditious enactment of the pioneering legislation.
Image credits: Nonoy Lacza