A report issued on April 16, 2018, by the United Nations High Commissioner for refugees states that 59,495 of the 77,170 families, or 353,921 people, remained displaced as of March 16, 2018—a year after the Marawi siege. The Philippine government has appealed to the Marawi people for patience as it is doing its best to fast-track the restoration of normality to their lives, which they had been spending in shelters or temporary homes and joblessness fleeing the terrorist attack last year.
Part of the government’s effort in devising a comprehensive plan for the rehabilitation of Marawi should be a certification of the President to prioritize the passage of the “Rights of Internally Displaced Persons Act,” long pending in both the Senate and the House of Representatives. Under the pending bills, an “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, natural, human-induced and human-made hazards.
Under the proposed IDP bill, the following rights shall be afforded to IDPs during and after their displacement, without discrimination of any kind, such as those based on race, color, sex, language, religion or belief, political or other opinion, national ethnic or social origin, legal or social status, age, disability, property, birth, lack of tenurial claim, or any other similar criteria:
1. Provision and access to basic necessities. At the minimum, regardless of the circumstances, and without discrimination, and with special attention to gender sensitivity and varying vulnerabilities, competent authorities shall provide IDPs with and ensure safe access to:
a. Essential and adequate food and nutrition, and potable water;
b. Adequate shelter with proper sanitation facilities;
c. Adequate and appropriate clothing and essential nonfood items; and
d. Essential medical, dental and psychological services, including provision for essential drugs and medicines, as well as social services;
2. Protection against criminal offenses and other unlawful acts. It shall be prohibited to commit any acts against IDP’s penalized under the Revised Penal Code and other special laws applicable in situations of armed conflict, generalized and/or organized violence, clan wars, violations of human rights, implementation of development projects, natural, human-induced and human-made hazards, including but not limited to Republic Act 9851, RA 10121 and RA 10821;
3. Freedom of movement. Every IDP has the right to liberty of movement and the right to move freely in and out of any evacuation center, encampment or other settlements, subject to existing rules and regulations;
4. Recognition, issuance and replacement of documents. The authorities concerned shall issue to the IDPs all documents necessary for the enjoyment and exercise of their legal rights. In particular, these authorities shall facilitate the issuance of new documents or the replacement of documents lost in the course of displacement, without imposing unreasonable conditions and without discrimination against men and women, who shall have equal rights to obtain and to be issued the same in their own names;
5. Family unity and missing persons.
a. Members of internally displace families who wish to remain together shall be allowed to do so. Families that are separated by displacement and whose personal liberty have been restricted by internment or confinement in any evacuation center, facility, encampment or other settlements should be reunited immediately, with appropriate measures taken to expedite the reunion, particularly when children are involved;
b. The state shall encourage cooperation among international and local humanitarian organizations engaged in the task of family reunification;
c. The authorities concerned shall endeavor to establish the fate and whereabouts of IDPs reported missing and cooperate with relevant international organizations engaged in this task. They shall inform the next-of-kin on the progress of the investigation and notify them of any result;
d. The authorities concerned shall endeavor to collect and identify the mortal remains of the deceased, prevent their despoliation or mutilation and facilitate the return of those remains to the next of kin or dispose of them respectfully; and
e. Grave sites of IDPs shall be protected and respected in all circumstance and shall have the right of access to the grave sites of their deceased relatives;
6. Health.
a. Certain IDPs, such as children, especially unaccompanied minors, expectant mothers, mothers with young children, female heads of households, persons with disabilities and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which takes into account their special needs;
b. All wounded and sick IDPs, as well as those with disabilities, shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention they require, without distinction on any ground other than the medical ones. When necessary, IDPs shall have access to psychological and social services and such other forms of assistance necessary for them;
c. Special attention shall be given to the health needs of women and girls, including access to comprehensive female and reproductive health care services, to be provided, whenever feasible, by female health care providers, as well as appropriate counseling and other services for victims of sexual and other abuses; and
d. Special attention shall also be given to prevent the contraction and spread of contagious and infectious diseases, including AIDS, among IDPs;
7. Education. The authorities concerned shall ensure that IDPs, in particular displaced children, receive education that shall be free, quality and safe and shall be compulsory up to the primary education level. Special efforts shall be made to ensure the full and equal participation of women and girls in educational programs. Cultural identity, language and religion shall be considered in the institution of these educational programs. Educational and training facilities shall be made available to the IDPs as soon as circumstances permit and in accordance with Republic Act 10821.
8. Property and possessions. The property and possessions of IDPs shall, in all circumstances, be protected against the following acts:
a. pillage or looting;
b. direct and indiscriminate attacks or other acts of violence;
c. being used to shield military operations or objectives;
d. being made the object ofreprisal;
e. being destroyed or appropriated as a form of collective punishment; and
f. destruction, arbitrary and illegal appropriation, occupation or use.
The city or municipality exercising territorial jurisdiction over the affected area/s, with the assistance of the national government, shall endeavor, as far as practicable, to assist the IDPs to bring with them basic necessities during evacuation subject to logistical considerations.
Any violation of the foregoing rights of IDPs is penalized by 6 years to 12 years imprisonment and civil damages.
As we remember the one-year anniversary of the Marawi siege (on May 23) and celebrate its liberation by government forces last October, let us honor our lost brothers and their families not only by restoring their homes and normal lives but by giving back dignity, and respecting their rights as human being.